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HomeMy WebLinkAboutConservation Minutes 11/24/1986eLi1YJY LiLU wv[iJw ll AliU�V �UC11'L'liJJiV1i MONDAY, NOVEMBER 24, 1986 Members Present: Chairman Sweet, Commissioners Ouellette, Smith The meeting was called to order at 6:57. MINUTES MOTION: To accept the minutes page four: Add "660" (01NEILL - OUELLETTE; of November 10 wi to specify the Sun all in favor) a id UliJ PAGE ONE VOTED EXECUTIVE SESSION (M /40-95 Nor ,.VCaddEa dtl rrNS syE 7� MOTION: To go into Executive Session for the purposes of discussing with Town Counsel the pending lawsuit brought by Mssrs. Eagan and Turinese (ABC Trust). (O'NEILL - MANDELL) Smith; AYE; O'Neill: Aye; Ouellette: Aye; Mandell: Aye; Graham: Aye; Sweet: Aye. VOTED HOPE STREET - FILES SE211 -178 and SE211 -179 Mr. Ted Mahoney and Mr. Don Baker appeared before the Commission to register their concerns on procedural and substantive matters related to the Orders of Condition issued on Files SE211 -178 and SE211 -179, as follows: (1) Mr. Mahoney maintained that testimony was taken on the file after the hearing was closed, on the night the Orders were written, from a Planning Board member, and that they were not permitted to attend. Commissioners responded categorically that the denial issued on File SE211 -178 was not based on any information from the Planning Board. The session was a working session open to the public; the applicants were informed that it was not necessary and not preferable to attend. (2) Mr. Mahoney maintained that the wildlife concerns indicated on the Orders were inappropriate since that will not fall under Commission jurisdiction until November 1987. Commissioners responded that they had possibly been misinformed by recent publications on this point. (3) The letter accompanying the Orders for File SE211 -179 which explained why the Orders were written on the original plans submitted at the public hearing was dated November 6. Mr. Mahoney questioned why this letter had been written at that time and not issued until the Orders were issued. The secretary responded that the date of the letter was a typographical error; the correct date of the letter was November 18. (4) Mr. Mahoney maintains that Kingman Avenue is a private way, and that a reasonable alternative must include "reasonable access from a public way." He also does not feel it is reasonable to request construction of a public way. MANSFIELD CONSERVATION COMMMISSION MINUTES MONDAY, NOVEMBER 24, 1986 PAGE TWO Commissioner Ouellette understood from Town Clerk Judy Scott that Kingman Avenue has been taken by the town but not accepted by the town. There remain differences of opinion on this issue among various individuals and boards. (5) Mr. Mahoney and Mr. Baker felt that the hearing had been extended to the field, where new plans were discussed which were later submitted with the intent that the Orders would be written based on the revisions. Minutes of the October 27 meeting state that both hearings had been closed. Chairman Sweet noted that it has always been the Commission's policy to close the hearing and then do the site walk. Commissioner Ouellette also noted that discussions with DEQE subsequent to the site walk revealed the necessity of requesting an Amended Order of Conditions, as detailed in the November 18 letter which accompanied the Orders. Commissioner Ouellette emphasized that from her point of view the revised plan presented for discussion purposes would be more reasonable than crossing the wetlands as proposed in the original plans. Mr. Baker maintained that he wishes "to work within the parameters of the Act;" Mr. Mahoney stated that "the last thing we want to do is use the full extent of the Act." It was suggested that Mr. Baker could appeal the Commission's decision to DEQE, and could then withdraw the appeal if the matter could be resolved before the Commission. They will check on whether an appeal can be withdrawn. The applicants may also choose to file with the Commission for an Amended Order of Conditions. [Commissioner Mandell leaves at 8 :28.1 WETLANDS PROTECTION ACT HEARING: Applicant: David and Marlene Bateman Location of Project: 355 Otis Street Purpose of Project: Proposed construction of greenhouse DEQE has requested locus maps for this project and has therefore not issued a file number. Plans were proposed for a greenhouse, which will be primarily a wholesale, not retail, operation. There were no hay bales /siltation controls shown on the plans. Mr. Bateman will be digging for the footings which will stabilize the greenhouse; the site can be graded in whatever way the Commisson dictates. Mr. Bateman raises birds and therefore will not be using any persistent pesticides /herbicides. He will be using drip irrigation which will have minimal impact. He noted that the soil drains Well, with no standing water. Commissioners noted that their concerns would be with the presence of heavy equipment and any resulting erosion into the lake which Mr. Bateman abuts. Some members of the Commission have already seen this site. MOTION: To close the hearing at 8:45. (O'NEILL — OUELLETTE; all in favor) [Commissioner Mandell returns at 8:48.1 VOTED ( WETLANDS PROTECTION ACT HEARING: Applicant: Richard A. Silva Location of Project: 68 Williams Street Purpose of project: Proposed construction of single family residence MANSFIELD CONSERVATION COMRMISSION MINUTES MONDAY, NOVEMBER 24, 1986 PAGE THREE DEQE has requested locus maps for this project and has therefore not issued a file number. Sewage disposal plans presented were approved November 13 by the Board of Health. According to Mr. Silva, the distance from the leaching field to the brook is over 100 feet. There is standing water in the very front of the lot and "will need quite a bit of fill." The town regulation distance of septic systems from wetlands for a single family house is 75 feet. The dirt road is the property line. Commissioner Mandell noted a large difference in the depth of the water table between two test borings 30 -50 feet apart but felt it was not of concern. No wetlands were shown on the plan. Commissioners asked whether this indicated a lack of wetlands near the brook (which may in fact be a mosquito control ditch). Mr. Silva didn't notice any. There was also a discrepancy about the dates of the plan, and the Commission requested a letter from the engineer stating what the exact date should be. The site will be walked on Dec. 6 at 9:00 a.m. 140TION: To close the hearing at 9:06. (01NEILL - OUELLETTE) VOTED MIKE STANTON. NEPONSET ASSOCIATES - WITCH POND ESTATES The proposed Witch Pond Estates is located off of South Street in Foxboro. The only means of egress crosses the Wading River in Mansfield. Mr. Stanton and representatives for this subdivision appeared before the Commission to present preliminary plans showing a roadway which would requiring filling of about 35,000 square feet (700 feet x 50 feet wide). The 100 year storm line is identical to the edge of wetlands. Catchbasins were marked off along the roadway, draining into the Wading River. The subdivision itself is "high and dry" at 155 -175 feet. The Commission's general responses to these plans included the following comments: preference for a system which does not use catchbasins; concerns about the Attleboro water supply which is "right down the way "; compensation required in the resource area; 100 year flood volumes must be considered; filing with the Army Corp of Engineers will be required; serious problem were there to be two roads crossing wetlands in this area. 14ETLAND PROTECTION ACT HEARING CONTINUATION - File SE211 -180: Applicant: Mansfield Associates Location of Project: Erick Road and Bonney Lane, Mansfield Purpose of Project: Upgrading of drainage system, Erick Rd. and Bonney Lane. Plans presented by Mr. Philip Grefe and Mr. Matt Williams were those dated November 10, 1986. No new work is proposed in any area close to existing leaching fields, on any leaching fields, nor disturbing any wetlands bounds. Wetlands extending beyond the detention area will not be altered. The project includes cleaning and excavation to the stated elevations. Plans still comply with the 100 year storm and provide for a net zero increase of flow. They are not seeking approval of septic systems at this time. Only the contours of the detention area have changed. There are currently two 36" pipes; three more will be added. Commissioners asked whether the leaching fields shown are currently in use. Mr. Grefe responded, "Yes. And nothing will encroach within the 100 foot boundary." The channel will be excavated to 137 feet, the basin to 138 feet and will vegetate itself. They request that the Orders be as inclusive as possible and would like to know where to stockpile the material. If MANSFIELD CONSERVATION COMMMISSION MINUTES MONDAY, NOVEMBER 24, 1986 PAGE FOUR vegetated, it will become clogged, and therefore Chairman Sweet would prefer that the vegetative material not be replaced. There will be head walls and end walls on both culverts. The applicants will inform the Planning Board about the changes, but feel there will be no difficulties since they will still have a net zero increase. NOTION: To close the hearing at 10:12. (OUELLETTE - O'NEILL; all in favor) VOTED ORDERS OF CONDITION - HATHEWAY AND PATTERSON, FILE SE211 -183 Commissioner Graham checked with DEQE regarding the discrepancies between the FEMA study and the CDM report submitted with this filing. They recommended using the latest plan (in this case, FEMA), particularly since the town's interests might be better served, because the floodplain would be higher. Commissioners Ouellette and Sweet both voiced concerns with accepting data which seemed to incorporate inaccuracy, but felt there was no alternative. MOTION: To go by the FEMA data because it may better protect the water supply. (MANDELL - GRAHAM; all in favor) VOTED Mr. Folkman presented amendments to the plans which incorporated the FEMA study data. The site will have to be lowered to handle the addition volume, since the whole site becomes a flood plain. They propose stripping about 1 foot off the site; buildings will be constructed differently (pole /barn type), and flood insurance may have to be carried. Since buildings will reduce the flood plain volume, a hill on the property will be removed to compensate. Rim elevations around the drainage would have to be reduced. No other changes are proposed. Orders were written as follows: 1. Final grading shall be per plan dated Aug. 11, 1986 and amendment received 11/24/86 except that the final plateau elevation shall be 169.28' msl. 2. Any existing elevation such as hills, etc, shall be lowered to the same 169.28 msl. 3. Elevations of catch basin rims shall be lowered to be compatible with the 169.28 msl final grade. 4. Three monitoring wells, one upstream, one under property, one downstream shall be tested initially for priority pollutants, with subsequent quarterly scans of suspected contaminants. This report shall be submitted to the Town Health Agent and to the Conservation Agent. 5. Within 30 days of installation of a point source discharge system, an EPA protocol 625 priority pollutants scan shall be performed on the drainage discharge, with subsequent testing for suspect contaminants monthly for six months as detailed in the letter dated Nov. 5, 1986, submitted by Hatheway and Patterson as an addition to the Notice of Intent. 6. Siltation controls shall be placed on the nowthwesterly corner of this project as soon as possible. 7. Until such time as landscape timbers /slope stabilization shall be in place, siltation controls in the form of fabric fence shall be placed downslope on the site. 8. The applicant shall submit definitive plans for reconstruction /repair of the waterfall, including construction methods. 9. When the purpose of the proposed buildings has been determined, the applicant shall notify the Commission before construction. 10. Any changes to plans made by any other boards shall necessitate a review by the Commission. MANSFIELD CONSERVATION CObD1MISSION MINUTES MONDAY, NOVEMBER 24, 1986 PAGE FIVE 11. The sign required by General Condition 9 shall be visible from and next to the road and shall not be nailed to a tree. No work shall be done until the sign is posted. MOTION: To issue the Orders as written. (O'NEILL - OUELLETTE; all in favor, Mandell abstaining) VOTED HIGHLAND AVENUE ESTATES - FILE SE211 -139 Cobbles will be removed and problem areas will be smoothed out on Lot 1. On Lot 10, there is a hill in the way of the swale, on Mr. Folkman's side of the tree. On Lot 5, additional hay bales are needed and will be replaced. An area has been cut out and is ponding up; Commissioners suggested having it come out on lot 6. WIND CHINE and EASTLAND ESTATES: As -built plans will be submitted. CORRESPONDENCE 1. Letter from Mr. Steven Greenberg of 814 Maple St. including copies of letters between Mr. Folkman and himself over the matter of a turtle pond which has gone unresolved for over a year. Mr. Folkman maintains that his people were not originally to blame, but had taken on the responsibility and had done some of the cleanup requested. Because he doesn't usually have equipment in that area, it has been a problem getting around to the remainder of the work. He has spoken to the original owner, Ron Bonvie, who has agreed to take care of it and who will be moving his equipment up in that area. 2. Payroll authorization form for secretary in the amount of $267.50. MOTION: To pay. (GRAHAM - MANDELL; all in favor) VOTED 3. Copy of letter from DEQE to Mr. Wieczorek issuing the Superseding Order of Conditions on File SE211 -168. Robert Moore, Oak Street MOTION: To continue the hearing for Robert G. Moore, for construction on Oak Street, Lot 1 to a date to be established upon hearing from Mr. Moore. (0'NEILL - OUELLETTE; all in favor) VOTED CERTIFICATE OF COMPLIANCE, FILE SE211 -134 (Fruit St., Pasco) MOTION: To release Lots 31 and 32. (GRAHAM - OUELLETTE; all in favor) VOTED NEW BUSINESS: Conservation Agent Dick Lewis will be asked to help develop an agenda for a meeting with a MACC representative, and will also begin to develop a procedures handbook on how the Commission functions. The meeting adjourned at 11.50 p.m. Approved by: — Date to Town Clerk: ,3- /pkf