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HomeMy WebLinkAboutConservation Minutes 6/23/19861. Although Jim Roberts of 241 So. Main St., scheduled for 7:35, was not present, an abutter to the property stated that Mr. Roberts had placed a granite block in front of a culvert, causing the drain to back up onto the abutter's land. Digging is also taking place, with Mr. Roberts having built up his land. This activity is taking place on a town easement. 2. Commissioner Mandell noted with regard to an article in the newspaper about work at 137 Ware St. that Commissioners should be mindful of the Order of Conditions on the property and should check on the project. 3. The job description for Conservation Agent as it appeared in newspapers was circulated. 4. Chairman Sweet spoke to Rande Wilson about the railroad property discussed at the June 16 meeting and ascertained that $50 /acre would be a reasonable offer from the town's point of view. An offer was made by letter, dated June 23. 5. Chairman Sweet reported that the Forest Management representative, Warren Archer, had been rescheduled and was on the agenda for the July 14 meeting. 6. A point was raised about the Order of Conditions on Shamrock Estates, West Street (SE211 -155). Commissioners recalled that no work was to be done until a detailed plan had been re- submitted, but noted that work has begun. MOTION: To issue a Cease and Desist Order. (O'Neill - Barr; all in favor) VOTED (Upon researching the file, Chairman Sweet observed that a letter issued by the Conservation Commission had permitted work to begin; therefore this Cease and Desist Order was not issued.) 7. Commissioner O'Neil felt that there is a possibility of wetlands at 155 Balcom St. Other commissioners expressed the opinion that any standing water was simply due to heavy rains of late. Commissioners Mahoney and Mandell agreed to take another look at the property. 8. Request for Certificate of Compliance from Kevin Owen, 6 Paula Lane (File No. SE211 -34). Previous title searches on the property didn't reveal the order of conditions on this particular lot, which was never released. NOTION: To issue the certificate after a site examination if favorable to at least four commissioners. (Ouellette - Mahoney; all in favor) VOTED MANSFIELD CONSERVATION C%H- IISSION I(� MINUTES MONDAY, JUNE 23, 1986 , NOV 1 91986 PAGE ONE Members Present: Chairman Sweet, Comm Mandell, O'Neill, Ouellette `o MOTION: To waive approval of the minutes from meetings held on June 9 and June 16 until all commissioners have had a chance to read them. (Mahoney - Ouellette; all in favor) VOTED 1. Although Jim Roberts of 241 So. Main St., scheduled for 7:35, was not present, an abutter to the property stated that Mr. Roberts had placed a granite block in front of a culvert, causing the drain to back up onto the abutter's land. Digging is also taking place, with Mr. Roberts having built up his land. This activity is taking place on a town easement. 2. Commissioner Mandell noted with regard to an article in the newspaper about work at 137 Ware St. that Commissioners should be mindful of the Order of Conditions on the property and should check on the project. 3. The job description for Conservation Agent as it appeared in newspapers was circulated. 4. Chairman Sweet spoke to Rande Wilson about the railroad property discussed at the June 16 meeting and ascertained that $50 /acre would be a reasonable offer from the town's point of view. An offer was made by letter, dated June 23. 5. Chairman Sweet reported that the Forest Management representative, Warren Archer, had been rescheduled and was on the agenda for the July 14 meeting. 6. A point was raised about the Order of Conditions on Shamrock Estates, West Street (SE211 -155). Commissioners recalled that no work was to be done until a detailed plan had been re- submitted, but noted that work has begun. MOTION: To issue a Cease and Desist Order. (O'Neill - Barr; all in favor) VOTED (Upon researching the file, Chairman Sweet observed that a letter issued by the Conservation Commission had permitted work to begin; therefore this Cease and Desist Order was not issued.) 7. Commissioner O'Neil felt that there is a possibility of wetlands at 155 Balcom St. Other commissioners expressed the opinion that any standing water was simply due to heavy rains of late. Commissioners Mahoney and Mandell agreed to take another look at the property. 8. Request for Certificate of Compliance from Kevin Owen, 6 Paula Lane (File No. SE211 -34). Previous title searches on the property didn't reveal the order of conditions on this particular lot, which was never released. NOTION: To issue the certificate after a site examination if favorable to at least four commissioners. (Ouellette - Mahoney; all in favor) VOTED MANSFIELD CONSERVATION COMMMISSION MINUTES MONDAY, JUNE 23, 1986 ' PAGE TWO CORRESPONDENCE: 1. Letter from Ed Broderick apprising Commission of progress in Camelot Estates. Since his last appearance before the Commission on June 16, there were four days available for installation. During that time 800 feet of 42" pipe were excavated and about 100 feet were re- installed at the correct elevation; by 7/2, the pipe should reach King Arthur Rd. 2. Letter from J. Duggan requesting the status of an Order of Conditions on the property at 12 Old Elm St. Chairman Sweet will research File No. SE211 -113 regarding a Certificate of Compliance for this lot. 3. Phone call from P. Folkman regarding release for Lots 3 and 5 of Eastland Estates (SE211 -124). It was noted that a hold had been placed on lot 5 because of a pit holding water. MOTION: To issue the Certificate of Compliance. (Mahoney - Ouellette; Commissioners Mandell and Barr abstaining) VOTED A suggestion was made to send a letter advising Mr. Folkman that before releasing any other lots, the Commission requests that work be completed as ordered. WETLAND PROTECTION ACT HEARING Paul and Laura Cannata, Elm Street The hearing on Abbreviated Notice of Intent dated June 2, 1986 opened at 8 :35 p.m. Atty. Steven Dean, representing the Cannatas, requested that the Commission consider issuing a Notice of Non - Significance or a Wetlands plan for Lot A, 283 Elm Street. He noted that it was only after the lot was approved that B. Cook had informed them that they extended 8' into wetland. Neither the engineering firm nor the excavator had informed the Cannatas of their responsibility with regard to the wetlands surrounding the lot. Since a Notice of Intent has already been filed, the Commission can not issue a finding of Non- Significance. The plans presented by the Cannatas were reviewed by the Commission. In response to questions about the slash (trees, stumps, etc.) that had been bulldozed in the area, Mr. Cannata agreed that it would be hauled away (as opposed to being covered up). Questions about drainage remained; additional questions were raised by abutter Kevin Mackey, who had no objection to the project other than a concern with the difference in elevation between his front yard and this lot's back yard. Commissioners noted that the plan, which had already been passed by the Board of Health, contained certain inaccuracies with regard to elevations. Commissioners requested that the Cannatas submit the original plan with the siltation barriers added; however a revised plan will still not address the concern about potential runoff raised by the abutter. A site walk could clarify this issue. MOTION: To continue the hearing until a new plan has been submitted (and has been corrected with DEQE) and there has been a site walk. (O'Neill - Barr; Commissioner Mahoney opposed) VOTED The hearing was continued at 9:09 and will resume at 9:30 on July 14. MANSFIELD CONSERVATION COMMMISSION MINUTES MONDAY, JUNE 23, 1986 PAGE THREE WETLAND PROTECTION ACT HEARING Philip Beatty, Shiloh Drive The hearing on a Notice of Intent filed June 2, 1986 opened at 9:11. Mr. James Dunn of Dunn Engineering and Air. Beatty represented Shiloh Estates. The plans have been revised as a result of a notice from DEQE. The basic difference between the original plans (dated May 20) and the revised plans (dated June 20) were: The addition of a small detention basin in the easement area, which would hold enough water to take up the 100 -year storm event. Runoff from the pipe on a 100 -year storm event must be less than 8.9 cubic feet /sec.; adding the detention basic reduces the flow from 13.1 to 8.3 /sec. The addition of a hale bale system, with siltation fence in front of it. The amount of water to be retained was around 2500 cubic feet. Originally it had been felt that it would be a future maintenance problem. Commissioners had questions as to the maintenance of the basic and head wall. Mr. Beatty felt that it would be the town's responsibility once the subdivision is accepted. The drainage easement was located entirely on lot 6 on the new plan. Lot 7 and possibly Lot 8 will probably have to submit a separate Notice of Intent and there will not be much leeway about the location of the house because of the buffer zone requirements. The current Notice covers only the drainage. Mr. Beatty's main objections to the revised plan were that he would be unable to save some of the white birches in the area. However, the feelings of the Board were that the revised plan was probably a better long -term solution, despite such shortcomings, than the original plan. The hearing was closed at 9:42. DETERMINATION OF APPLICABILITY Benjamin W. Flint, East Street The hearing on the request for Determination of Applicability dated June 4, 1986 opened at 9 :44. This request pertained to a ditch which was last cleaned out 15 years ago. Mr. Flint would like to move it, keeping it parallel to his property line, in order to change the parcel of land into two square pieces which could be used for planting hay or growing crops. Observing the drawing submitted, Commissioner Mahoney suggested that the right angle turn being proposed would not last. Commissioner Mahoney felt there was no question that wetlands would be affected. Discussion followed as to procedures that should be followed in doing the work. Concerns were raised that if the ditch were altered to create usable parcels, future development of these parcels might become a possibility. However, it was noted that the parcels were small enough to require intervention from the Commission at any time in the future if development became a possibility. MOTION: To issue a negative determination, because this work is being done on agricultural land, with an attachment suggesting appropriate siltation control at the inlet and outlet and along edges of work closest to the current stream, so as to reduce the impact of work on wetlands, and a "softening" of the right angle shown on the plan. (Barr - Mandell; all in favor) VOTED MANSFIELD CONSERVATION COMMMISSION MONDAY, JUNE 23, 1986 MINUTES PAGE FOUR MOTION: To open the Determination of Applicability hearing as scheduled and adjourn until after the Audet and Branch St. hearings, due to the absence of Mr. Harris. (Ouellette - Barr; all in favor) VOTED DETERMINATION OF APPLICABILITY Nicholas Harris, Balcom Ridge Estates The hearing regarding a request for Determination of Applicability dated June 4, 1986 was opened at 10 :18 and adjourned. WETLAND PROTECTION ACT HEARING - Continuation Mark Audet, 107 Bird Road The hearing was re- opened at 10:19. It was noted that there is still no DEQE file number. The revised plan, with contour lines shown was reviewed. However, no wetlands were shown on the plan on either side of the project, as requested. MOTION: To continue hearing until July 14, 1986 at 10:00 until complete plans have been received. (O'Neill - Mahoney; all in favor) VOTED WETLAND PROTECTION ACT HEARING - Continuation Home Developers, Inc., Lot 3, Branch Street, SE211 -166 Representatives presented two different plans. One was for a retaining wall to protect the wetlands, and the other - advocated by Home Developers - was to fill the wetlands but create a compensating area. In both plans, the house had been moved closer to East St. It was noted that the Board of Health would probably not approve the first plan (because of its 75' requirement); neither does DEQE generally approve of retaining walls. Chairman Sweet favored the compensatory plan. Commissioner Barr felt that nothing should be built there; while Commissioner Mandell felt it a possibility if the lot were put on sewerage. Commissioner Mahoney noted problems with the contours as shown, questioning how a 140' elevation could not be wetlands all around, and noting that the area could not be judged by vegetation since work had already commenced. Plans were not properly drawn in accordance with Title V regulations. MOTION: To deny building on the lot. (Barr - Mandell; all in favor) VOTED The hearing was closed at 11 :06. DETERMINATION OF APPLICABILITY Nicholas Harris, Balcom Ridge Estates Mr. Harris did not appear. MOTION: To request that Mr. Harris file a Notice of Intent, since there was a general feeling that in all probability a Notice would be required. (Mahoney - Ouellette; Sweet opposed) VOTED MANSFIELD CONSERVATION C%ft*1ISSION MINUTES MONDAY, JUNE 23, 1986 PAGE FIVE OTHER BUSINESS 1. Commissioner O'Neill suggested that the Commission adopt rules and regulations. It was explained that the Commission has already adopted rules and regulations of the Wetlands Protection Act; in order to make more stringent regulations, by -laws are needed. 2. Commissioner Barr raised a question of excavation taking place by a nursery (Morrison) along Route 106. This work had been approved by the Commission. 3. File No. SE211 -131, Green Acres Estates: Commissioner Barr noted that there is a culvert present which is not supposed to be there, and that no DEQE signs are posted. It was suggested that the Order of Conditions be reviewed. MOTION TO ADJOURN (Mahoney - O'Neill; all in favor) VOTED The meeting was adjourned at 11 :51 p.m. The next meeting of the Conservation Commission will be held on July 7, 1986. Approved by: Date to Town Clerk: / / - 19-d'4 /pkf