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HomeMy WebLinkAboutConservation Minutes 10/6/1986MANSFIELD CONSERVATION GOPQQffSSION MINUTES MONDAY, OCTOBER 6, 1986 S;', DEC 12 ITa6 PAGE ONE Members Present: Chairman Sweet, C T nydn�es` �a.4 a O'Neill [from 8:12 on], Ouellet 1 ®vVF� C ER!'y The meeting was called to order at 7:36. CORRESPONDENCE 1. Letter from Martin Cahill stating that the Titus property is occupied and asking whether a building permit had been issued. A response will be sent to Mr. Cahill stating that the Building Inspector should be addressed with regard to a question of occupancy permit. MINUTES MOTION: To approve the minutes of September 22, with the addition of a file number to the first item under "New Business" in order to clarify which property is under discussion. (Graham - Ouellette; all in favor) VOTED WETLAND PROTECTION ACT HEARING: Applicant: James Langille Location of Project: Robinson Court Purpose: Construction within 100 ft. of bordering vegetated wetland and land under water body [Robinson Pond]. Present: The applicant and Mr. Ralph Maloon, of Rim Engineering; no abutters The project is a seven -lot subdivision off Pine Street. Mr. Ralph Maloon represented the applicant; he stated that the applicants are not intending to do any work in the wetlands. The lot numbers begin with number six. The wetlands in question lie right beside Robinson Pond, with a fringe of wetlands along the easterly side of the pond. The drainage outlet is the only thing which will be near the pond. Mr. Maloon stated that it was possible that lots 8 and 9 might have to come back before the board for a hearing, but their hope is to stay 100 feet away even on those lots. Four basins in about 600 feet of roadway will go into the drainage trench; after moving away from the road, 18" PVC perforated pipe will be used, placed about 3'6" deep x 8' wide. The plans have been calculated to take a 100 -year storm. A 3'x3' concrete box will allow access for cleaning. There will be a grass swale, with loaming and seeding at the outlet, approximately 70 feet from the pond's edge; no water will go into the pond. The plans represent a form of compensation rather than retention /detention. A garage from lot 9 will be moved to lot 11, but there will be no need to have heavy equipment near the wetlands. There were no additional questions. The Commissioners will walk this site on Mon., Oct. 13, at 6:00. The hearing was closed at 8:30 p.m. Commissioners raised the issue of public access for the purposes of the Clean Lakes program; however, the applicant felt that there would be no appropriate way to achieve this in the project under discussion. MR. PHILIP BEATTY, SHILOH ESTATES, File SE211 -169 Mr. Beatty brought in plans for lot 8 to satisfy the Order of Conditions for Shiloh Estates. Commissioner Graham commented that the trenches shown are MANSFIELD CONSERVATION COMM1AISSION MINUTES MONDAY, OCTOBER 6, 1986 , PAGE TWO so far away from the wetlands that it wasn't really necessary to look at them before they are covered. MOTION: No Determination of Applicability or Notice of Intent need be filed on Shiloh Estates Lot 8. (OUELLETTE - BARR; all in favor) VOTED ABC TRUST. CENTRAL ST Pit. Peter O'Brien, representing ABC Trust, discussed an Enforcement Order issued in regard to work being done on Central St. Prior to the Order, ABC Trust had consulted him with regard to the work and had been advised by him to continue, as it was his judgment that there were no wetlands subject to the Act. He notified the Commission of his advice by letter dated August 29. Prior to the letter of August 29, four Commissioners visited the site at various times, had had questions about the site and had therefore requested a filing. The foundation went up, and then a backhoe was present on the site. The result of their request was the letter from Mr. O'Brien; not wishing to depend solely on Mr. O'Brien's judgment of the wetlands in question, they issued an Enforcement Order. Following the Enforcement Order, Dr. Jerome Carr was retained by ABC Trust to give an opionion on the wetlands in question. Because work done in the interim had disturbed the vegetation, Mr. Carr's judgment was made on the basis of the areas immediately upstream and downstream of the work site. He found a few alders immediately upstream, in addition to a red maple patch, which didn't qualify as a resource area. His judgment was that the wetlands growth present on the site before work had commenced probably had not reached the 50 percent criterion necessary to qualify as wetlands subject to protection. Commissioners decided to walk the site on Wednesday, October 8, at 6:00 p.m. and issue a written response regarding their findings. PINE TERRACE - Mr. Potter Mr. Potter's representatives discussed this 47 -48 acre project, to be located off Branch Street. The Planning Board will not waive its 650' dead end requirement. The applicants have worked out an arrangment with Mr. Boutas /Home Developers regarding a drainage /retention area; they feel the only way to meet the Planning Board's requirements is to extend the road through Mr. Boutas' property, so that it will not be a dead end. There would be a detention area to one side of the proposed road; about 9000- 10,000 square feet of wetlands would have to be filled and would be compensated for on the order of three to one. They feel they need a roadway exception, since there would be no other way to get to buildable land; they have no alternatives to putting about 1000' of road with no buildable lots on either side. An Army Corps permit will also be required. Commissioners will walk the site on Saturday, October 18, at 9:00 a.m. and review the roadway exception regulations before commenting further. LINDA AND JONATHAN CHILSON, WEST STREET Mr. and Mrs. Chilson appeared before the Board to discuss work on an addition to their home. Last June,.the Building Inspector was consulted, and MANSFIELD CONSERVATION COMMMISSION MINUTES MONDAY, OCTOBER 6, 1986 PAGE THREE proper town procedures were followed regarding the addition to their home. However, recently the Building Inspector had notified the Chilson's that because their property abutted Bungay Lake, a building permit could not be issued before the Conservation Commission had ruled on the project. Mr. and Mrs. Chilson indicated that they would have done so earlier, and prevented a costly delay, had they been notified early; they now hope to begin work again, since at the moment there is a large hole, which constitutes a hazard, as well as a pile of dirt /gravel which may erode into the lake. Haybales were put in place after Commissioner O'Neill visited the site. Commissioner O'Neill noted that had a Determination meeting been held, he felt that the Determination would have been negative, since the work would not have a permanent impact on wetlands. Commissioner Graham commented that this would seem to qualify as case in which the Commission, in order to prevent erosion of the existing gravel pile into the lake, should use its "emergency" powers to recommend immediate action rather than an additional hearing. 140TION: To send a letter stating that the work being done will not affect the wetlands, that proper precautions in the form of haybales are in place, and that to prevent any detrimental erosion of gravel into the lake, the Commission recommends issuing a permit as soon as possible. (O'NEILL - OUELLETTE; all in favor) VOTED PAUL FOLYCMAN - HIGHLAND AVENUE RELEASES - File SE211 -139 The Commissioners had walked this site in preparation for releasing lots j as requested by Mr. Folkman. They had no problem with lot 8, but the dropoff on lot 9 was too steep, and they found debris on lot 9. Mr. Folkman indicated that he would attend to the matter of lot 9. MOTION: To release Highland Avenue lot 8. (OUELLETTE - O'NEILL; all in favor) VOTED WIND CHIME ACRES - SE211 -57 Mr. Folkman explained that he had purchased properties from Mr. Bonvie; while retaining walls were shown on the plans, Mr. Folkman is having a hearing for a waiver. Lot 3A has an Order of Conditions on it; Mr. Folkman will take the Board of Health plans for the site and staple them together in order for the Commission to understand what they need to look at with regard to the site. FIVE YEAR CAPITAL IMPROVEMENT SCHEDULE Chairman Sweet proposed the following schedule, in response to Rande Wilson's request for a capital improvement budget for the Commission: FY '87, 20,000; FY 188, 75,000; FY 189, 100,000; FY 190, 100,000; FY 191, 100,000. Commissioner Ouellette raised the issue of augmenting this schedule by increased fees. Chairman Sweet will ask the Town Counsel if part of fees raised can be set aside for land acquisition. MOTION: To submit to the Town Manager a capital improvement schedule as suggested by the Chairman. (OUELLETTE - O'NEILL; all in favor) VOTED MANSFIELD CONSERVATION COMUMISSION MONDAY, OCTOBER 6, 1986 CLEAN LAKES MINUTES PAGE FOUR The application has been submitted; letters of support from individuals are still required. PHOTOGRAPHS, BRISTOL ARMS AREA Chairman Sweet has ordered copies of the 1980 and 1984 aerial photographs. Negatives are also available. CORRESPONDENCE (cont.) 2. Letter from Hillman and August, attorneys representing Michael Glassman of 200 Old Elm Street. Mr. Glassman wishes the Commissioners to be aware of Ms. Sandra Franey's proposal to do work on her property which might have impact on wetlands. Commissioner O'Neill has seen the property and agrees that a filing would be appropriate. MOTION: To send Ms. Franey a letter, with copies to Air. Glassman and his attorney, requesting a filing before any alterations are made to the property in question. (OUELLETTE - GRAHAM; all in favor) VOTED 3. Letter requesting Certificate of Compliance for File SE211 -122 (Essex and Ware St., Brugliera). Commissioners will walk the site on Saturday, October 18, at 10:00 a.m. 4. Correspondence from the Foxboro Conservation Commission acknowledging their receipt of the Commission's letter regarding an Order of Conditions (File No. SE211 -141) which requires that a plan be submitted and approved by the Commission prior to commencement of work on the regional interceptor on County Street. Plans will be sent to the Commission. 5. Plans from CWB showing the oil tank moved away from the wetlands, as requested by the Commission in Order of Conditions, File SE211 -175. MOTION: To approve the revised plan. (0'NEILL - OUELLETTE; all in favor) VOTED NEW BUSINESS Commissioner Graham requested that a siltation control reminder be sent to Mr. Thibeault regarding work being done on Franklin St. under File No. SE211 -119. MOTION TO ADJOURN: (BARR - OUELLETTE; all in favor) VOTED The meeting adjourned at 11 :299- a.m Approved by: `(\ Date to Town Clerk: /pkf