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HomeMy WebLinkAboutConservation Minutes 10/27/1986MANSFIELD CONSERVATION COMMMISSION MONDAY, OCTOBER 27, 1986 Members Present: Chairman O'Neill, MINUTES PAGE ONE Mandell, The meeting was called to order at 7:35. The newest member of the commission, Commissioner Jack Smith, was introduced and welcomed. 14ETLAND PROTECTION ACT HEARING: File SE211 -179 Applicant: D. A. Baker Construction Co., Inc. Location of Project: Hope Street (west side) at northwest corner of Kingman Avenue, lots 287 through 246, Assessor's Map 22. Abutters present: Nelia Phillips, 285 Hope St. Arduina DeSantis, 28 Kingman Ave. Bill Doherty Maureen Doherty, 306 Hope St. Silvio Santucci, 107 Charles St. Molly Earl, 26 Kingman Ave. Mr. John Parmentier, of Dunn Engineering, and Mr. Theodore Mahoney presented the plans on behalf of the applicants. Commissioner O'Neill noted that the locus should be marked on the plans. Three lots will be cut out of a parcel of land. The bordering vegetated wetland shown was judged to be 50% or greater, as found by Mr. Parmentier and Dunn Engineering. Access will be provided from Hope Street. Much work would be done within the 100' buffer zone. Wetlands were found to drain from east to west toward the Back Bay Brook. Major work will be done on lot 3 for the driveway; an area will be filled with approximately 340 cubic feet of material. An area of about 400 sq. ft. will be cut and 900 cubic ft, will be removed. Less than 5000 square feet must be compensated for. Revegetation of the reclaimed area is included in the plan. The replication area will be about six feet from the edge of the driveway. The plan is to excavate a foot lower than the property grade; substrate material will be excavated from the filled area and replanted. Between the 10 -ft. wide blacktop driveway and the wetlands is natural woodland, which will act as a buffer and drainage area. Wetlands will be 75 ft. from the house for building no. 3, and 50 ft. from the house on lot 2. The limit of work line will be marked by hay bales. Flags marking wetlands should still be in place, according to Mr. Parmentier. Commissioner O'Neill asked about the level of the water table in that area, and also about the direction of water flow. The proposed drain will aid the other side of the street, according to Mr. Parmentier. The Planning Board has not yet seen the plans. Ms. Nelia Phillips commented that water settles all year long in one area and questioned whether it can drain. Air. Parmentier explained that an isolated wetland is one which can not drain out, but if it were to flood, some water would flow in the directions indicated on the plans. Under normal conditions, it settles and does not flow. He added that a manmade wetland would serve the same function as a natural wetland. Chairman Sweet explained that the law allows filling of up to 5000 square feet, with compensation to be provided. Ms. Phillips showed pictures of parts of the property in question. Ms. Arduina DeSantis stated that at no time was the land in question dry. \ Mr. Bill Doherty asked about water overflowing onto people's property. Mr. Parmentier answered that the plans presented were intended to try to MANSFIELD CONSERVATION QOMRfISSION MINUTES MONDAY, OCTOBER 27, 1986 PAGE TWO alleviate such flooding. Ms. Maureen Doherty stated that in the winter their back yard is a "swamp" - it doesn't drain; however, they do not get water in their basement and would like to see that the situation remains that way. She asked about what future owners of such homes could expect. Mr. Parmentier mentioned that basements will be shallow; there would be no proposed alterations of the watertable. Grading will be such that drainage will be toward Hope Street. The first house on Lot 1 would be 85 feet from the rear right corner of the Doherty's property. There are currently no plans to alter trees near Kingman Rd. Property owners were asked if they intended to purchase all of the Jackson property, and were told that it was a possibility. When asked why multi - family dwellings were being built in this neighborhood, the answer given was that the area was zoned for such dwellings. Mr. Santucci stated that the area is currently and has always been very wet. The hearing closed at 8:25. The site will be walked before an Order of Conditions is written. WETLAND PROTECTION ACT HEARING: File SE211 -178 Applicant: D. A. Baker Construction Co., Inc. Location of Project: Hope Street at northeast corner of Kingman Avenue, lots 25 -30, Assessor's Map 30. Abutters present: Nelia Phillips, 285 Hope St. Arduina DeSantis, 28 Kingman Ave. Bill Doherty Maureen Doherty, 306 Hope St. Silvio Santucci, 107 Charles St. Molly Earl, 26 Kingman Ave. Jerome Wieczorek, Ill Williams St. The sole purpose of installing the pipe was to allow drainage which had been cut off by Hope Street. Commissioner Mandell questioned the Mr. Parmentier about the pipes crossing the ditch; the outlet was listed at 174.25 ft. elevation, coming back up the ditch the elevation was listed at 173.63, and the proposed wetlands are at 175 ft., which appeared as though the water would flow uphill. However, it was explained that the low point was at 173.63, and this area fills up before the water flows. In response to a question from Commissioner Ouellette, Mr. Parmentier replied that the proposed compensatory area along Hope Street was about 10 feet from the existing edge of the pavement. There is sand and grass there now, with a slope of 3 feet horizontal to 1 foot vertical. The lowest part shown is in the middle of lot 2; there was some question as to whether or not the pond was actually larger than indicated on the plans. Commissioner Barr noted that standing water covers a large portion of lot 2, as well as part of lot 1. The project proposes to fill 1200 sq. ft. and provide a compensatory area of 1700 sq. ft. The 100 ft. buffer area would extend to the rear line of the property, and about five feet past, in one place. It is the intent of the plan presented to drain the driveway into wetlands. MANSFIELD CONSERVATION COMMMISSION MINUTES MONDAY, OCTOBER 27, 1986 PAGE THREE Ms. Phillips presented pictures of water and the ditch. She feels that water will drain into the ditch and from there into people's backyards, particularly as the ditch is not very deep in places. Mr. Parmentier responded that the purpose of the pipe was to guarantee no increase in flow in the ditch in question. It was noted that maintenance of such culverts has been an ongoing problem. Mr. Galanti mentioned that water backs up on his property; even a four -foot ditch won't hold the water, and he is very concerned about flooding onto his land. Commissioner O'Neill wanted to know who owns Kingman St, and whether the drain in question would be going onto someone else's land. They are replacing an existing ditch with a pipe. The applicants have no objection to maintenance in perpetuity of the culvert being included in the Order of Conditions. In response to a question from Mr. Wieczorek, the applicants stated that a little more than an acre on one side of the street, and 1 1/2 acres on the other side, were involved in the project. Mr. Wieczorek mentioned that an Army Corps filing would be necessary. The hearing closed at 9 :02. The site will be walked before an Order of Conditions is written. WETLAND PROTECTION ACT HEARING: - SE211 -181 Applicant: National Development Associates of Mansfield, Inc. Location of Project: Mansfield Corporate Center, Hampshire Street, Lot 42, Map 44. Larry Beals and Judy Thomas were the Civil Engineers who represented this project. They presented an overview of construction which has taken place. Planning for a second building is in progress. The applicants want to fill an area with two to three feet of gravel within 100 feet of wetlands. The plans for the parking lot and building are still in the conceptual stages; the fill will enable them to prepare for future parking lots. They wish to create a positive pitch away from the wetlands, towards the drainage area. Sedimentation controls are currently in placeat the treeline, but will be moved to enable work right up to the wetlands. The existing building has an infiltrative drainage system. The water table is at elevation 186 ft., about two feet below the surface at its lowest point. The pitch is about 1 percent right now; the slope will be 3 on 1 nearest the wetlands, then about 1 percent towards the middle. Another Notice of Intent would be filed if the building is built within the area under the Commission's jurisdiction. The applicants requested that a "Form 6 Notice of Non - Significance" be issued. The siltation fence will be fabric, with hay bales. The hearing closed at 9:22. WETLAND PROTECTION ACT HEARING: Applicant: Hatheway and Patterson Co., Inc. Location of Project: County Street Mr. Williams Hanes, President of Hatheway and Patterson; Mr. Paul Folkman, outside consultant for the project; and Clarence Leonard, Vice President of Hatheway and Patterson represented the project, the purpose of which is to develop a parcel for general industrial purposes, with six buildings to be built eventually. The facility is involved in the general manufacture and storage of wood products (pressure- treated). The facility is tested by UL, OHSA, and EPA, and a report is made available to the Town Health Agent as well as filed with EPA. The three registered chemicals in use at the facility are MANSFIELD CONSERVATION COMMMISSION MONDAY, OCTOBER 27, 1986 MINUTES PAGE FOUR pent achlorophenol, a copper- chrome - arsenic compound, and a urea - phosphate (registered but non - hazardous). According to Mr. Haynes, the Town Health Agent has found the company to be in strict compliance with applicable law. The parcel of land is bounded by freight yards, Foundry Street, part of Howe St., Highland Avenue, and the town of Foxboro. Sanford Ecological Services performed the wetlands delineation for this filing. The land drains from a high point at the railroad tracks to a swamp. Several basins would be created with a drainage structure underneath. Portions of the flood plain would be filled. Other portions of high land will be cut out. Landscape timbers will be used to stabilize slopes. The drainage study, done by Hutchinson, showed an increase in runoff, so additional compensatory storage area is required. The drainage system, which is not in the water protection district, nevertheless includes oil /water separators. Hatheway and Patterson representatives called the Commission's attention to the following points: 1. There is an outfall from the N. Main St, underpass, installed by Mass. DPW around 1952, which was not build according to plans. 2. The Rumford River drops over a manmade waterfall which has deteriorated and will need repair, since major erosion of the bank is occurring. 3. Hatheway and Patterson operates a recovery well. Major unpleasantness resulted in the past from a leaking storage facility. DEQE is aware of it; it will need "babysitting" for the next decade; however ever time any work gets done on a cleanup project, vandalism occurs. They wish to fence in the property. Mr. Folkman outlined several construction details: Landscape timbers will be placed on the slope; filter fabric fence will be used rather than hay bales. No formal planting will take place; rye grass may be sown, and the area will be allowed to go wild. Machinery will be in the flood plain and wetland areas; any restoration work necessary should be included in the Order of Conditions. The area will not be entirely paved. EPA has sampled water during the County St, interceptor work; a primary pollutants study indicated that the water was of drinking quality. The Planning Board has already approved the plans. The flood plain delineation relies on a CDM study rather than on the federal floodplain study which was deemed to be less accurate. Ms. Connie Pietrafetta, 103 Stearns Ave., indicated her concerns at having chemicals storage so close to wetlands. Representatives from Hatheway and Patterson indicated that they are monitored; there is some question about the scheduling of inspections, since new regulations are being issued. With reference to work on the retaining area alongside the river, the applicants were told that if major work is done, then a new filing may be required. Such work is not part of the current project. The hearing closed at 10:20. i MANSFIELD CONSERVATION COMMMISSION MINUTES MONDAY, OCTOBER 27, 1986 PAGE FIVE 14ETLAND PROTECTION ACT HEARING: SE211 -161 Applicant: Mansfield Associates Realty Trust Location of Project: Erick Road, Mansfield The hearing opened at 10 :24. A revised Order of Conditions has been requested. Air. Philip Grefe, Mr. Malcom Post, and Mr. Matt Williams presented the project. All parties are now in agreement about the delineation of the wetlands. The septic system has been moved so it is now right at the edge of the 100 -ft. buffer zone. Buildings were relocated so that no wetlands need be filled. In response to Chairman Sweet's questions about the size of the septic system relative to the building, Mr. Williams replied that there is a 2 1/2 foot deep trench although only 1 1/2 feet are necessary; the trenches, according to Mr. Williams, are overdesigned for the system, which will handle 13,500 gallons per day. Town regulations assume 150 gallons per day per bedroom (state regs. are 110 /gal /day /bedroom). The applicants are in the process of getting permits from the Board of Health. Drainage will be away from the building. Ms. Pietrafetta asked where the proposed compensation area referred to by the DEQE Superseding Order of Conditions for File SE211 -158 would be. Mr. Post replied that "There is no proposed compensation area." Thirty -eight units are proposed in this project. The hearing closed at 10 :40. WETLAND PROTECTION ACT HEARING: File SE211 -180 Applicant: Mansfield Associates Realty Trust Location of Project: Erick Road and Bonney Lane, Mansfield The hearing opened at 10:42. The Commission had requested a profile of the stream and the contours around it. Flooding near an existing dwelling on the corner of Stearns Ave. and Erick Rd. was due, according to Mr. Williams, to the improper installation of culverts. They will replace 36" pipes with 48" pipes to accommodate a 100 -year storm, and upgrading the entire drainage system. There was some question as to the location of some septic system vents; an as -built plan of leaching fields provided by Scott Leite resolved this question. A new leaching field apparently was installed behind Building 18, which would mean the detention area shown on the plan would be too close to a septic system. Air. Williams indicated that the detention area could be relocated. The Commission requested the locations of buildings 17 and 18, and the relative locations of the leaching fields and septic systems. Mr. Brian Smith, of Spring Street, is considering purchasing an abutting property and had questions about the drainage and the timing of paving the road. MOTION: To continue the hearing until the requested revisions have been made. (O'NEILL - OUELLETTE; all in favor) VOTED PINE TERRACE /Mr. Kelton Potter Mr. Elliott Fine represented Air. Potter in asking the board their opinions as to the feasibility of routing a road through wetlands in order to meet the MANSFIELD CONSERVATION COMMMISSION MONDAY, OCTOBER 27, 1986 MINUTES PAGE SIX Planning Board's conditions. The Commissioners generally spoke against the plan, citing problems with runoff, chemicals from roads, water flow. It was noted that a denial Order of Conditions had been issued on this area previously because of the extensive nature of the wetlands. MOTION: To indicate the Commission's negative opinions on this proposal. (O'NEILL; not seconded) Commissioner Mandell felt that it was not the Board's job to attempt to outline for the Planning Board how this development could best be achieved. Mr. Fine proposed requesting a report /analysis of the area by Dr. Carr, with suggestions for a best approach. ORDER OF CONDITIONS: ROBINSON COURT. File SE211 -177 1. Construction shall be per plans dated June 13, 1986. 2. The disturbed area of the drainage easement should be graded and revegetated following completion. 3. Before lots 7, 8, 9, and 10 shall be worked upon, definitive plans showing building(s) and septic system locations shall be submitted to the Commission for approval. 4. 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. 5. Any changes to plans made by any other boards shall necessitate a review by the Commission. MOTION: To Issue as written (OUELLETTE - O'NEILL; all in favor) ABC TRUST /CENTRAL STREET VOTED MOTION: To send a letter requesting by Nov. 10 a copy of the permission granted by the State to fill the drainage ditch and /or culvert. (MANDELL - OUELLETTE; all in favor) VOTED CORRESPONDENCE 1. Pasco Construction - request for Certificate of Compliance, File SE211 -134. 2. Payroll request from secretary in the amount of $212.50. MOTION: To pay (01NEILL - OUELLETTE; all in favor) VOTED 3. Copy of letter from Nicholas Harris to DEQE, dated Oct. 6, stating that he intends to continue construction as discussed with DEQE. 4. Letter from the Board of Selectmen appointing Mr. J. P. Smith as i Conservation Commissioner. MANSFIELD CONSERVATION COMMMISSION MINUTES MONDAY, OCTOBER 27, 1986 PAGE SEVEN 5. Letter from Mr. Broderick stating that the drainage system for Camelot Estates is in and functioning and requesting a Certificate of Compliance releasing Camelot Estates (File SE211 -138) from Condition No. 5. The site will be walked before the Certificate is issued. 6. Letter from Mr. Broderick requesting a release of lots 3, 12 -13, 23 -26, 28 -38 from the Order of Conditions, file SE211 -138. 7. Budget worksheet from B. Hagg. 8. Copy of letter from Mr. Grefe, attorney, requesting an adjudicatory hearing regarding DEQE's Superseding Order of Conditions on File SE211 -158. 9. Letter dated Oct. 14 from DEQE notifying the Commission of Mr. Harris's appeal of the positive determination of applicability on Balcom Ridge Estates. 10. Letter from Mr. Paul Folkman requesting a release of lot 6, Eastland Estates, from the Order of Conditions on File SE211 -124, CERTIFICATE OF COMPLIANCE, SE211 -122 MOTION: To issue a Certificate of Compliance on File 122. (OUELLETTE - MANDELL; Barr abstaining) VOTED It was noted that in the process of walking this site near Essex and Ware Streets, the Commissioners had concerns about erosion near the culvert, on the north side between the road and the head wall. They requested that the secretary send a letter to the DPW director calling his attention to the problem so that appropriate measures can be taken. PENDING LAWSUITS Commissioner Mandell requested that the secretary find out the status of court case docket no. 17514, begun around March 5, 1984. MOTION: To meet next week, at 8:00, at the Library. (BARR - OUELLETTE; all in favor) VOTED SITE WALKS 1. Hatheway and Patterson, at County St. entrance - Sat., Nov. 1, 8:30, 2. Hope Street, Sat, a.m., Nov. 1, 3. Camelot Estates (SE211 -138), Sat. a.m., Nov. 1. 4. Fruit Street (SE211 -134), Sat, a.m., Nov. 1 The meeting adjourned at 12 :55 a.m. Approved by: „ti,/ � ci Date to Town Clerk: /pkf