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HomeMy WebLinkAboutConservation Minutes 8/25/1986MANSFIELD CONSERVATION COMMrflSSION MONDAY, AUGUST 25, 1986 Members Present: Commissioners MINUTES PAGE ONE Ouellette The meeting was called to order at 7:44; Commissioner O'Neill acted as Chairman in Mr. Sweet's absence. CONSERVATION AGENT INTERVIEW - Mr. David Opatka The Commission reviewed the salary and benefits of the job, its part -time nature, and its potential responsibilities, including public relations, grant leadership, assistance in drafting by -laws, liaison with the public and town officials, etc. In response to Mr. Opatka's request, the Commission emphasized that a certain amount of regularly scheduled office time (for the purpose of being available to the public and to town officials) was necessary, and that the Commission was not seeking someone for a "consultant" type of position. Mr. Opatka emphasized his 10 -11 years of experience in the area, as well as in: forestry /wildlife /soil (fifteen years), groundwater experience (eight years), wetland laws and regulations, grant proposals, and engineering/ surveying. In regard to the number of hours available for taking on this position, Mr. Opatka mentioned that 20 hours per week is no problem, but if the job were to become full time, then "there would be a good choice." In Norton, he cites as the biggest problem a "pro- development" mood among some town officials. Communication with other boards has improved since he came to Norton. He spends a great deal of time in the field, flagging wetlands and attempting to avoid difficulties and promote compliance with the law at the preliminary stages of a project, but he noted that he follows the laws and regulations to the letter. [Commissioner Graham left during the interview.] CONTINUATION OF WETLANDS PROTECTION ACT HEARING - BLACKMAN, FILE SE211 -171 Mr. Blackman returned with plans which included the additional information requested by the Commission, including contours before and after, distances from wetlands (about 25 -40 feet), and elevations of wetlands. Commissioner Ouellette asked about the driveway, surfaces, which way the water will shed, etc. Mr. Blackman responded that the roof drainage would shed towards the wetland. The leaching field was changed from the original plans, apparently to get away from the wetlands. Commissioner Ouellette asked about possible wetlands vegetation in front of the stone wall. The lot 3 septic system is closest to wetlands. The board has seen the site. Mr. Jerome Wieczorek contradicted Mr. Blackman, saying that there is water on the property, while Mr. Blackman stated that water is about 2 -3 feet down in the area in question. Commissioner Mandell asked Mr. Wieczorek when he had most recently seen water there; Mr. Wieczorek's response was "this year." Mr. Blackman's response was "never - especially on Lot 2." MOTION: To close the hearing. (BARR - MANDELL; all in favor) VOTED The hearing closed at 8:45. Orders will be written on September 8. I MANSFIELD CONSERVATION'C=,1MISSION MINUTES MONDAY, AUGUST 25, 1986 PAGE Two REQUEST FOR EXTENSION, File SE211 -33 In response to a request from the Board, Air. Karl Clemmey appeared to explain why another extension permit was required for this project. Another 500 -700 yards of gravel is needed on the site, and the project can't be finished until June or July. The engineers will be ready in October or November. work didn't begin until 1979, as a result of a dispute with the state which resulted in a court case; work was also delayed by the construction of Route 140. The original order stated that grass and trees be grown; Mr. Clemmey noted that the area has already been seeded. MOTION: To grant an extension permit to expire June 30th, 1987. (BARR - OUELLETTE; all in favor) VOTED [Commissioner Graham returned at 9:20 p.m.] ORDER OF CONDITIONS - CWB CONTRACTORS, SE211 -175 1. Work shall be done per plan with revision date of August 4, 1986, except as noted below. 2. Siltation controls (i.e., hay bales, etc.) shall be in place before work begins, per plans with revision date of August 4, 1986. 3. Riprap shall be placed at outlets of pipes from detention areas . . . [as was done according to plans for Nissan Motors]. 4. Underground diesel fuel storage tank shall be relocated to area outside of the 100 -foot buffer zone. Plans showing the location shall be submitted to the Commission prior to work. 5. 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. 6. Any changes to plans made by any other boards shall necessitate a review by the Commission. MOTION: To issue the Order as written. (OUELLETTE - MANDELL; all in favor) VOTED MASSAPOAG ESTATES - File SE211 -174 Mr. Folkman granted written permission for the Board to delay writing the Order of Conditions until September 8, to allow for a site walk at 5:30 on Wednesay, September 3, beginning on Maple Street. The engineer has proposed a limit of construction on areas in question, 50 feet from the edge of the road, to be staked while the construction is being done. REQUEST FOR CERTIFICATE OF COMPLIANCE, HIGHLAND AVENUE (SE211 -139) Mr. Folkman noted that a closing is desired which necessitates a Certificate of Compliance, even though the work is not complete. Lots 4, 5, and 6 flood plain gouge -out is still in progress; lots 1, 2, 3, 11, and 12 are no problem. MANSFIELD CONSERVATION COMHMISSION MONDAY, AUGUST 25, 1986 MINUTES PAGE THREE ORDER OF CONDITIONS - File SE211 -168, Camelot Estates Acting Chairman O'Neill read into the record a copy of a letter from Camp, Dresser, and McKee regarding specifications for construction between Plymouth St. and King Arthur Way. He also read a copy of a letter from the Town Manager to the Board of Selectmen which had supported Mr. Broderick's concept of a gift account and which had also requested the report from CUM. Commissioner O'Neill noted that the town engineer said he wanted to see test borings done on the site. The DPW director had found out, according to Commissioner O'Neill, that the environmentally sensitive equipment was available. Commissoner Ouellette had spoken with the Town Manager and the Town Engineer, who felt that the Commissioners' concerns should be addressed by a memo from the Commission to other boards stating its requirements and interests, to ensure that maintenance would be done according to plan. Commissioner O'Neill checked with the Town Engineer regarding a question that had been raised about the soil limitation map, which had indicated less than ideal soil conditions on the site in question. The Town Engineer's answer was that work should be avoided in this area if possible, but would not be prohibited. Orders were written as follows: 1. Pipe bedding shall be 1/2 inch stone installed from 0.7 feet below pipe invert to 1 foot above the top of the pipe. 2. Clay barriers shall be installed from bottom of excavation to 1 foot above the top of the pipe, between manholes or at 300 -foot intervals, whichever is less. 3. Excavated soils shall be replaced at the depth from which they came, and original strata shall be maintained; excess material shall be removed. 4. Hay bales shall be placed only along the sections being worked on and removed as sections are completed and excess material is removed. 5. At brook and drainage ditch crossing, pipe shall be encased in 6 inches of unreinforced concrete, to end one foot from pipe joint. 6. Ground surface shall be returned to original grade. 7. A biodegradable erosion control matting shall be placed over depressed areas /dried stream beds to foster revegetation and prevent erosion. 8. 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. 9. A return for review by the Commission shall be necessary under any of the following circumstances: a. If, after review by the Commission and the Town Engineer of the test ( borings, any changes are deemed necessary; or b. If any additional changes are made by other town boards; or c. If a culvert is placed over Hodge's Brook. W MANSFIELD CONSERVATION COMMMISSION MONDAY, AUGUST 25, 1986 MINUTES PAGE FOUR Commissioner Barr's objections were that the Town Manager's interests placed greater consideration on the financial implications of the project than on the environmental impact to the wetlands. He advocated abiding strictly by the Master Plan and not allowing the line to be placed through wetlands. Commissioner Grant noted that the decision had to be made on the basis of which plan would have more potential harm to the wetlands; and whether the damage caused by this plan would be permanent. Tremont St, is a problem area for septic systems and having this development on sewer could be preferable. MOTION: To issue the orders as written. (GRAHAM - MANDELL; BARR opposed) CERTIFICATE OF COMPLIANCE, File SE211 -154 VOTED MOTION: To endorse the Commission's issuance of a Certificate of Compliance on Mr. Steve Benoit's second lot. (OUELLETTE - GRAHAM; BARR opposed) VOTED ERICK ROAD - File SE211 -161 1. Mr. Gary Makuch, DEQE, has a 1984 photograph showing wetlands being filled. 2. The septic system has not been removed and the property has not been restored to its original condition, as required by the Enforcement Order issued August 5, 1986. 3. Commissioner Ouellette read into the record a letter from Ring, Rudnick, etc, requesting information about who had made the allegation about filling having occurred at the Erick Road site. MOTION: To request that Town Counsel immediately seek a Temporary Restraining Order against Mansfield Associates Realty Trust for the purpose of enforcing the Enforcement Order dated August 5, 1986; and to pursue, within 10 days, a preliminary injunction for the same purpose. (MANDELL - BARR; all in favor; chair voted) VOTED MOTION: To request that Town Counsel obtain all possible information regarding who owns Lot 3, including the individual members of any trust. (MANDELL - BARR; all in favor; chair voted) VOTED MOTION: To request placement on the agenda of the next Selectmen's meeting. (OUELLETTE - MANDELL; all in favor) VOTED OTHER BUSINESS 1. Major work is being done on Hampshire Street, between the old Datsun building and the Sheraton. A Notice of Intent will be filed. 2. Filling is occurring across from the Medical Center, on Copeland Drive. Commissioners will request further information. MANSFIELD CONSERVATION COMMMISSION MINUTES MONDAY, AUGUST 25, 1986 PAGE FIVE 3. A letter will be sent to Nicholas Harris stating that the Board has denied the Abbreviated Order of Conditions and will request the filing of a Notice of Intent on Balcom Ridge Estates. 4. The Diesel fuel tank in Cabot Pond has been removed by Mainline Construction. Site plan reviews 1. Hallett's Crossing will reguire filing of a Notice of Intent. 2. 14 Church Street will not require a hearing. The meeting was adjourned at 12:42 p.m. Approved by-", / Date to Town Clerk: /pkf I