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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 /pkf