HomeMy WebLinkAboutConservation Minutes 8/17/1987MANSFIELD CONSERVATION COMMKISSION ) MINUTES
MONDAY, AUGUST 17, 1987 �l PAGE ONE
NOV �1
Members Present: Chairman Sweet, Comms. Grady, O}'Neill, Ouelett4 ''
The meeting was called to order at 7:37: 6hai " tj iilCroduced and
;( welcomed new Commissioner James Grady.
DETERMINATION OF APPLICABILITY - Continuation:
Carl Nelson - -68 Spring Street -- Installation of fence along property lines
f Dick Lewis noted that there were no footings in the pond ,itself, and work
on site seems to have been done according to ;plan. Commissioner O'Neill was
concerned that in times of high water, the fence might be blocked with ice or
debris and asked 'whether ' the fence should be further from the water.
Chairman Sweet stated that the only issue under Commission jurisdiction is
the impact of the proposed fence on wetlands, adding that all other issues
relate to civil matters between Mr. Nelson and his neighbors and would not be
entertained at this meeting. Commissioner Grady added that a Commission vote
against requiring a Notice of Intent (i.e., a negative determination), should
not be construed as indicating Commission sanction of the plan or its accuracy.
MOTION: To issue a negative Determination, number 3.
(OUELLETTE; not seconded)„
Commissioner 'O'Neill reiterated his concerns about a possible negative
effect on wetlands due to blockage of flow. 'Commissioners responded that Mr.
Nelson could be asked to place the post nearest the water at a high water mark.
MOTION: To issue a positive determination, requiring a Notice of Intent
(' to include the high water elevations.
(O'NEILL; not seconded)
At this point, Mr. Nelson asked why he couldn't run a fence into the water
if he wanted to.' Chairman Sweet responded that it seemed to be the
Commission's concensus that the fence should not be in the water, noting that
Mr. Nelson can appeal such a decision to DEQE if dissatisfied.
MOTION: To issue a negative Determination,,number ,;3,, stipulating that the
elevation of the high water mark be determined, such mark to
serve as the location of the fence post nearest the water line.
(OUELLETTE- SWEET; Sweet, Ouellette--aye; O'Neill- -nay;
Grady -- present) VOTED
Mr. DeViney requested a response from the Commission regarding the letter
sent from Mr. Nelson's neighbors to Town Boards and Commissions.
MOTION: To hear the Conservation Agent's report on this issue immediately
following the 8:00 hearing,
(0'NEILL- GRADY; Grady, O'Neill- -aye; Sweet,
Ouellette -- abstaining) VOTED
WETLAND PROTECTION ACT HEARING -,No DEQE file number:
Michael McClanahan- -Mary Alice Way -- Proposed dwelling and driveway to
include work within 100 feet of bordering vegetated wetlands.
Mr. Trowbridge of Hutchins /Trowbridge represented the applicant, who
proposes to construct a house and driveway. The house will be on sewer and
town water. The applicant has not decided whether to have a paved or gravel
driveway.' Runoff will drain into the wetlands as it does now, going through
MANSFIELD CONSERVATION COMM- IISSION MINUTES
MONDAY AUGUST 17 1987
MONDAY, , PAGE TWO
70 -80 ft. of grass before reaching wetlands. The proposed Rotundo Pump
set -up, 'utilizing pre - cast '`chambers, has been approved by the sewer l'
commission; the system has a two -day storage capacity in the event of a power
outage. The site will be walked on August 31 at 6:00 p.m.
MOTION: To continue the hearing until the receipt of a DEQE file number.
(OUELLETTE- O'NEILL; all in favor) ,
MOTION: To amend the Commission's policy from continuing hearings until
receipt of a DEQE, file number, to continuing hearings to the next
scheduled meeting, placing them on the agenda (in order to meet
the legal stipulation that such hearings be continued to a
specific date).
(GRADY- O'NEILL; all in favor) VOTED
REPORT ON ALLEGED FILLING OF CANAL ON SPRING STREET:
Dick Lewis reported that he has walked the site and has seen asphalt, tree
trunks, and other debris inappropriate for fill material. Chairman Sweet told
Mr. Nelson's neighbors that the issue will be addressed by the Commission.
WETLAND PROTECTION ACT HEARING - No DEQE file number:
Ronald Harrison - -12 Rustic Drive -- Proposed attached garage to be built
within the 100 -ft. buffer zone.
Mr. Harrison presented a topographical map of the property in question,
located off of Ware Street. He has applied for a variance, but no hearing has
been held yet. The garage will probably be about 11 ft. from the boundary
line. The edge of the garage will be about 32 ft. from wetlands. The
driveway will be asphalt, over the leaching field. The house has been there
for ten years. Mr. Harrison indicated that the slope to the edge of the
buffer zone is very steep. Filling will take place within the buffer zone,
but not within wetlands. Hay bales will be brought in to control erosion.
Commissioners will walk the site at 6:30 on Aug. 31. Mr. Ray Goddard, a
neighbor, was present and indicated his approval of the project.
MOTION: To continue this hearing until the Aug. 31 meeting.
(O'NEILL- GRADY; Ouellette abstaining) VOTED
WETLAND PROTECTION ACT HEARING - No DEQE file number:
Robert Meisterman- -315 Gilbert Street, Lot 7 -- Construction of single
family residence requiring moving a seasonal drainage ditch.
Mr. Bianchi, Mr. Bob Orlando, and Mr. Bob Meisterman described the
project, which involves moving "a ditch located at the head of Otis Street. A
spring currently feeds through the ditch to a catch basin to .Sweet's Pond. An
on -site septic system will require filling. The applicants wish to relocate
the ditch. A profile showed that there is "not much of a pitch," 148.1 at the
top and 147 at the catch basin. The depth of the replacement ditch will vary,
to a maximum of six feet. Flow in the existing ditch varies according to
season and is "probably fed by an underground spring"; in addition, abutting
property - owners pipe water from their land into the ditch, which is on land
vacant for 25 -30 years. The applicants stated that they will maintain that
pipe as well. Rip -rap is specified to the base of the ditch, which would be
two feet wide. Runoff from the driveway will "go into the street, probably."
In response to Commissioners' questions, Mr. Bianchi stated, ';I would imagine
there are some 'wetlands out there "; however, none were indicated on the
j
MANSFIELD CONSERVATION CONPAIISSION MINUTES
MONDAY, AUGUST 17, 1987 PAGE THREE
plans. Dick Lewis commented that there is substantial wetlands vegetation in
places, although in the area along the ditch the 50 percent criterion may not
be met. Commissioner O'Neill noted that the ,plan showed the ;septic system
located only 60 feet from the ditch, while town regulations called for 75 ft.
Commissioners requested the following additional information from the
applicant: wetlands delineations on the plans, a copy of the Board of Health
permit, calculations regarding the amount of fill required and the size of the
replication area, info about whether the area falls within the 100 -year flood
plain, and a more detailed replication plan. It was also noted that any
change, in plans (e.g., location of house /garage) must be submitted to the
Commission and to DEQE. The site will be walked on 8/24 at 6:00.
MOTION: To continue the hearing to the Aug. 31 meeting.
(0'NEILL- GRADY; all in favor) VOTED
ORDERS OF CONDITION:
1. File SE211 -206 - B. Cook, Gilbert St,:
NOTION: To issue as drafted by Dick Lewis with the following additions:
-- Any stockpiled material within the buffer zone shall be haybaled and
staked to prevent erosion.
-- Siltation controls shall be placed along the tree line.
-- The method of pumping shall be submitted to the Commission or its
Agent for review prior to excavation.
(OUELLETTE- O'NEILL; Ouellette, O'Neill, Sweet - -aye; Grady -- present) VOTED
2. File SE211- 203 - -M. Emerson, School St.
NOTION: To issue as drafted, by Dick Lewis with the following additions:
-- The proposed replication area shall be prepared before any filling
occurs on site.
-- The erosion control plan shall show additional locations of siltation
controls, along the entire length of the driveway and along areas
where excavation will take place. Controls shall be in place prior
to construction.
-- The line of siltation controls shall also _serve as the limit of-work
line
-- The right of way shall not be paved.
-- This Order of Conditions applies only to the road /driveway; its
issuance shall not imply that any of the lots are buildable.
-- The replication area shall be redelineated and submitted to the
Commission or its agent prior to construction.
(OUELLETTE- O'NEILL; Ouellette, O'Neill, Sweet - -aye; Grady -- present) VOTED
3. File SE211- 205 -- Walmark Corp. -- Hallett Crossing II
Dick Lewis presented two possible Orders for the project, one denying it
and one imposing a number of conditions on it. He noted that over 5000
sq. feet are to be altered, according to the plans presented, and that the
project does not appear to meet limited project status. He also observed
that there was still doubt about whether all alternatives had been
explored. Dick added that should the Commission deny the project, the
denial should be without prejudice.
MOTION: To issue a denial, without prejudice, for the following reasons:
-- The project does not meet Limited Project status, as defined in 310
CHR 10 :00 Section 10.53 (3) ,(e), because reasonable alternatives
exist.
MANSFIELD CONSERVATION COMMMISSION MINUTES
MONDAY, AUGUST 17, 1987 PACE THit� F-00r_
The applicant failed to prove that no other reasonable alternative
means of access existed, p`
The total square footage of bordering vegetated wetlands to be filled
or otherwise altered exceeds, 5000 ,square ft., and failing to meet
Limited Project status, the Mansfield Conservation Commission cannot
approve alterations above 5000 square ft., as per 310 CMR 10 :00,
Section 10.55 (4) (b).`"
(O'NEILL- OUELLETTE; O'Neill, Ouellette, Sweet - -aye; Grady -- present) VOTED
Potential abutters to the project voiced their objections to the project
and requested clarification about the Commission's notification procedures.
The method of publicizing the hearings was explained.
CORRESPONDENCE:
1. Copy of extension permit issued by DEQE to R. Bonvie on File SE211 -92.`
2. Copies of bond account for Camelot Estates; copies are not signed. Copies
will be obtained showing Chairman Sweet's signature.
3. Letter from 'Pasco 'Construction requesting Certificates of Compliance on
lots 3, 5,'13, @ra3.333i(Mansfield Manor Estates). Dick will review lots,
and paperwork can be prepared for signature at the Aug. 31 meeting.
4. Letter from Dick releasing Lot 4, Mansfield Manor Estates, Pasco
Construction. 'A Certificate of Compliance was signed by the Commission
affirming Dick's letter.
5. Request from S. J. Bernstein for a Certificate of Compliance on SE211 -202.
MOTION: To accept a memo from Dick Lewis stating his approval of the work
as done, and to place this item on the agenda for Aug. 31.
(OUELLETTE- O'NEILL; Ouellette, O'Neill, Sweet - -aye;
°Grady--present) VOTED
6: Request from the Municipal Building Committee for time on the agenda to
discuss the new library.
7. Letter /info.'from Mass. DPW regarding their Open Space plan. Dick Lewis
commented that there has been no progress on Mansfield's Open
Space /Recreation Plan.
8. Memo re Rande Wilson's going away party - tickets can be obtained from
Diane in the DPW office.
9. Copy of the Board of Health's memo regarding its smoking policy
recommendations.
10. Water Protection District Advisory Committee recommendations.'
NEW BUSINESS
1. Keith Development Props. -- Connors Ave. - -no DEQE file no, received.
MOTION: To reconsider the action of the last meeting (at which time the
hearing was continued until a DEQE number was received) and to
continue the hearing to the Aug. 31 meeting, as Commission policy
and wetlands law dictates.
(O'NEILL- OUELLETTE; all in favor) VOTED
2. Commissioner Grady suggested that Dick Lewis check with BFI to determine
what a Mansfield resident must do to dispose of household hazardous waste,
with a view towards educating the townspeople in this matter.
The meeting adjourned at `11
Approved by :1
Date to Town Clerk: l% 'I rq
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