HomeMy WebLinkAboutConservation Minutes 5/6/1987MANSFIELD CONSERVATION COMMMISSION MINUTES
WEDNESDAY, MAY 6, 1987 , `pB JUL — 8 iqw PAGE ONE
Members Present: Chairman Sweet, Commge Carey, Graham, Mandell, O'Neill, Ouellette,
Smith i
The meeting was called to order at 8:15 p.m.
ORDER OF CONDITONS - File SE211.199:
Walmark Corporation -- Hallett Crossing II
The question to be answered was whether or not this project met the criteria of a
"limited :project" which would permit filling in excess of the 5000 square foot
filling maximum. ;In issuing a file number, DEQE had indicated that the ,work proposed
did not appear to satisfy the 'definition of "limited project." When alternative
plans were suggested by the Commission, the applicant declined to make changes
reducing or eliminating the filling.
MOTION: To deny on the grounds that (1) the project does not meet "limited
project ":criteria, given that there exist reasonable alternatives to the filling
proposed; and (2) when asked, the applicant declined to consider supplying new
designs which ;would reduce or eliminate the filling.
(GRAHAM - OUELLETTE; all in favor) VOTED
[Commissioner Smith arrived at this point.]
MOTION: To reconsider the vote just taken.
ILL - OUELLETTE• unanimous in favor VOTED
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A copy of the Order denying this project will be sent to the Planning Board.
JOINT PLANNING BOARD /CONSERVATION COMMISSION CONCERNS -- Commissioner Ouellette
suggested that the Commission consider meeting with the Planning Board to discuss the
impact of each board's policies, procedures, etc. upon the other.
( MODIFICATIONS TO ORDER OF CONDITIONS — SE211 -142, FULLER ESTATES
Paul Folkman has requested permission to begin work on 'Fuller Estates before the
earth berm on Westhaver Farms has been completed. Approval of this request requires
that Special Condition no. 6 of the original Orders be amended. Mr.:Folkman proposed
raising the road in one area, which will then :function as a, berm. He will fund
approximately 90 percent of this ;project, which will benefit the residents of the
area as well as result in far less disturbance of wetlands. The high point of the
road will be equal to the top of the formerly proposed berm.
I
MOTION: To issue the amended order as follows: Condition No. 6 shall read "No
lots shall be released until either the berm on,Westhaver Estates or the proposed
road modifications have been completed to the satisfaction of the Commission."
Conditions 7 and 8 shall be added as follows: '(7) Temporary siltation 'control
measures shall be placed around the catch basins immediately upon completion of
construction. ;(8) The !drainage l system shall be held "dry" until the binder
course of asphalt is applied.
(OUELLETTE — CAREY; all in favor) ^VOTED
REVIEW OF POLICIES AND PROCEDURES
Dick Lewis raised five issues for discussion, as 'follows:
1. Replication of Wetlands
• A DEQE memo has detailed a specific list of data to be supplied either
before, during, or after the hearing process. Dick will see that
Commissioners receive a copy of this memo.
• The firm that Cabot, Cabot and Forbes employs for its replication projects
(Crow) has been recommended as a source of information.
• The question which must be asked is "Will the team that is proposing to do
the replication be able to do it ?"
MANSFIELD CONSERVATION COMM14ISSION MINUTES
WEDNESDAY, MAY 6, 1587 PAGE TWO
2. Wetland Filling
• The law enables the Commission to allow filling up to 5000 square feet
but does not require that they do so; it is discretionary.
• The Commission can and should request alternatives to filling.
• The value of remaining wetlands increases as areas are filled.
3. Hearing Process
• Should the new bylaw pass, the Commission can better notify abutters."
• A statement indicating that input is to be limited can be added to the
public hearing information sheet distributed at hearings,
4. Procedures for Amending an Order of Conditions
• Requests should be made, in person or in writing, with a written
request sent to DEQE.
• If Commission deems the changes "significant" (the purpose /scope of the
project has changed, or the potential for adverse impact to the
protected statutory interests will be increased), then a new N.O.I. is
filed and a public hearing held. Otherwise, the request is reviewed
and acted upon at a regular Commission meeting.
• The Amended Orders are recorded and forwarded to DEQE. The 10 -day
appeal period, during which no work should take place, applies.
5. Order of Conditions
• Use of the master list of boilerplate Special Conditions is beginning
to smooth out.
v While the applicants can be present during this :process, they are not
free to enter into a negotiation of the Orders;, and should only be heard
if the Commission asks a specific question.
• The Order should take note of the amount of wetland, filling, and make
it clear that separate Notices of Intent will not be allowed to bring
the amount of ?fill above 5000 square feet.
• A cover letter briefly outlining the reason and rationale for the Order
should accompany the Order of Conditions.
• The Order should list the lots which require the filing of a separate
Notice of Intent, as well as those which do not.
NEW BUSINESS
Commissioner Ouellette noted that the Order of > Conditions for File
SE211 -168 was not rbeing properly followed; she spoke to Mr. Broderick, who
will see that the contractors are ;properly informed.
Complaints have been received regarding work being done on West St. by Mr.
Karl Clemmey. Commissioners were encouraged to look at the ;West St, and
Plymouth St. locations during the week.
Commissioner Carey provided information about a:number of .bills currently
before the Legislature which would affect the environment. Pamphlets, etc.
were given to Dick Lewis.
The meeting adjourned at 10:42.
Approved by:
Date to Town Clerk:
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