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HomeMy WebLinkAboutConservation Minutes 2/24/1986MANSFIELD CONSERVATION COMMISSION MONDAY, FEBRUARY 24, 1986 MINUTES PAGE ONE Members Present: Chairman Sweet, Commissioners O'Neill, Graham, Mahoney, Mandell, Barr and Ouellette The meeting was called to order at 7:30 p.m. MOTION: To waive the reading of the minutes of January 27, 1986 and February 10, 1986. (Mahoney - Graham; all in favor) VOTED Correspondence 1. Letter from Community Health Associates dated February 20, 1986 regarding 549 Elm Street and hazardous waste evaluation. Chairman Sweet will respond. 2. Letter from the DEQE regarding a site inspection of Daniel Linehan's property on March 18, 1986 at 10:00 a.m. 3. Memorandum from the Town Manager's Office to the Capital Improvement Committee reviewing the various capital requests from the departments and essentially approving them, including the $20,000 for the conserva- tion land acquisition fund. 4. Memorandum to the Board of Health, Conservation Commission and Water Department from Marydee Flynn regarding a workshop meeting with the Easton Planning and Zoning Board regarding water resources, groundwater and groundwater protection. The memorandum asks for convenient, dates, for such a workshop between March 18 and 29. Mrs. Walter Souza and Mr. Martin Cahill Re: SE211 -129 Mrs. Walter Souza and Mr. Martin Cahill appeared before the Commission at 7:45 p.m. Mr. Cahill expressed some concern that the area of flooding Was not properly delineated on Mr. Maloon's plan revised February 18, 1986. He and Mrs. Souza also had questions regarding the compensation set forth in Mr. Maloon's letter to the DEQE of February 18, 1986. Mr. Cahill ex- plained that prior to making his comments to the DEQE on the need for an adjudicatory hearing, he wanted to be sure he understood what was set forth on both the plan and in the letter. The Commission suggested that if he or Mrs. Souza had doubts about the accuracy of what Mr. Maloon set forth in the plan or the letter, it might be worth their while to hire their own engineer. MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, FEBRUARY 24, 1986 PAGE T140 Wetlands Protection Act Hearing Steve Benoit - Williams Street SE211 -154 A Wetland Protection Act Hearing was held on a Notice of Intent dated February 5, 1986 submitted by Steve Benoit. The hearing opened at 8:22 p.m. Mr. Benoit represented himself. Chairman Sweet stated that all members of the Commission with the exception of Mr. Mandell had walked the site and they did have some reservations. Mr. Benoit stated that he was proposing to make some changes from the plan that was filed with the Notice of Intent. Mr. Mahoney stated that in connection with the lot located closest to Williams Street, it was his observation that approximately seven feet of the property extended into the wetlands or at least within the 100 foot buffer of vegetated wetlands. Mr. Mahoney also pointed out that there is a drainage trench located at the back of all the houses along Williams Street which is not shown on the plan. Air. Benoit stated that he would like to move the driveway from what is delineated on the plan, and cut an easement for drainage. Mr. Goldman,an abutter, was present and had some questions re- garding how much fill Mr. Benoit would be bringing in. It was decided that the Commission could not act on the matter without a better plan. Specifically, the plan would have to delineate the following: (i) driveway; (ii) culvert; (iii) wetland; (iv) distance of septic system from wetland; and (v) contour line onto Mr. Goldman's property. MOTION: To continue the hearing on this matter until March 10, 1986. (O'Neill - Mahoney; all in favor) VOTED The hearing was adjourned at 8:39 p.m. Wetlands Protection Act Hearing M. R. Keefe - 252 -258 West Street SE211 -152 A Wetland Protection Act Hearing was held on a Notice of Intent dated December 23, 1985. The first hearing on this matter was held on January 6, 1986 which resulted in a denial of the project by the Commission on January 27, 1986. Mr. Keefe and Air. David Lukens appeared before the Commission at their Febru- ary 10, 1986 meeting to discuss how best to proceed. At that time, it was decided to hold a new hearing on the matter. The hearing opened at 8:42 p.m. Mr. Keefe appeared representing himself. Mr. Keefe submitted a new plan to the Commission showing the area to be filled and the area of compensation. The plan did /s�iow, however, the total square feet to be filled. The Commission members explained that since there was a MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, FEBRUARY 24, 1986 PAGE THREE 5,000 square foot limit, the plan would have to provide this calculation before they could act on it. It was agreed that Mr. Keefe would have a revised plan prepared and submitted to the Commission prior to the March 10, 1986 meeting, at which time the Commission would be writing Orders of Condi- tion. MOTION: To close the hearing on this matter. (Mahoney - O'Neill; all in favor) VOTED The hearing was closed at 8:56 p.m. All fees have been paid. Paul J. Folkman, The Folkman Company Eastland Subdivision - SE211 -124 Certificate of Compliance, Lot 8 Mr. Folkman appeared before the Commission to request a Partial Certificate of Compliance on Lot 8 of his Eastland Subdivision. He asked those members of the Commission who had been on the site walk if they felt anything else should be done other than the movement of some hay bales which had been re- quested. Commissioner Ouellette questioned Mr. Folkman on how many other lots of the subdivision he thought he might be requesting partial certificates on. He thought he would be requesting another partial for Lot 9, but felt the others could be completed together. MOTION: To release Lot 8. (O'Neill - Ouellette; Graham, Mandell and Sweet abstaining) VOTED Mr. Frank Nuzzolo Re: Penn Central Property Mr. Frank Nuzzolo appeared before the Commission regarding the purchase of two parcels of land on the Attleboro - Mansfield line. This land was offered to the town about three years ago. The two parcels are located on both sides of the railroad track. Mr. Nuzzolo advised that the price was $500.00 an acre, but he felt it was negotiable. Mr. Sweet advised that the parcel on the north was rather high and dry, but the parcel on the south was wet. It was also pointed out that there is no access to the land. Mr. Nuzzolo was advised that because of financial restrictions, the Commission was not in a position to make an offer. MANSFIELD CONSERVATION COMMISSION MONDAY, FEBRUARY 24, 1986 Turner Bros. Construction - Enforcement Order Erick Road MINUTES PAGE FOUR Chairman Sweet advised the Commission members that he had received a telephone call from the health agent regarding a violation on Erick Road, specifically having to do with a leaching field which is essentially finished. The prob- lem is that it is easily within 100 feet of a stream. The Board of Health already approved the plans because they did not show any wetlands. Chairman Sweet requested that the Commission members view the site as soon as possible. It was agreed that the Cease and Desist Order should be followed up with a letter. MOTION: That the Commission issue a Cease and Desist Order to both the contractor and the owner of the property on Erick Road. (O'Neill - Mahoney; motion set aside) The motion be amended to require the Cease and Desist Order to set out the violation in detail and the remedy the Commission would like taken. (Graham - O'Neill; all in favor) VOTED Commissioners Ouellette and Graham will follow up with a letter. MACC Annual Meet The MACC Annual Meeting will be held on Saturday, March 8, 1986, at Holy Cross. Chairman Sweet suggested that everyone make their own arrangements and the Commission would reimburse them for expenses. Commissioner Ouellette sug- gested that the members try to cover different workshops. Commissioners Graham, Ouellette, Mandell and Sweet expressed an interest in attending. Orders of Condition - SE211 -155 Foxfield Corp. -West Street Relative to Contour Plan of Shamrock Heights, Sheet 2 of 4, dated December 31, 1985, no work shall begin until the following is provided: 1. Profile of leaching trench, including ground water level throughout its length; MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, FEBRUARY 24, 1986 PACE FIVE 2. Details of passage through the wetlands, including siltation control and profile; 3. Profile and better definition of poorly draining soils; and 4. Clarification of details of the flared -end pipe, including riprap. Relative to Conservation Plan of Land D dated January 17, 1986, no work shall begin on either Lot 12 or 13 until further details are received and approved relative to: 1. Driveway details for Lot 13 in its passage through the wetlands; and 2. A better definition of "edge of wetlands" especially its proximity to the leach field shown on Lot 12. Lots 9, 10, 11 and 12 require a redefinition of the wetlands. MOTION: To accept the Orders as written. (Mahoney - O'Neill; Ouellette abstained) VOTED 5. Letter from Robert Foley regarding Eastbrook Estates opposing the con- struction of the subdivision. 6. Letter from National Development Association thanking the Commission for the opportunity to make their presentation. 7. Letter from the DEQE regarding the appeal of Mr. Keefe. 8. Notice from the executive office of the DEQE regarding new procedures. 9. Letter from the DEQE regarding a pre- hearing conference on the Titus matter. 10. Flyer on Coastal Zone Management. Site Plan Reviews sed restaurant on Oakland Street - Will not require a filing. Hatheway & Patterson Co. - Will require a filing of a Notice of Intent. ' MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, FEBRUARY 24, 1986 PAGE SIX MOTION: To adjourn at 11:45 p.m. (Mahoney - Barr; all in favor) VOTED The next meeting of the Conservation Commission is March 10, 1986. Approved by: Date to Town Clerk: t4- I `7 - �6L /msh