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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-
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