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HomeMy WebLinkAboutmin of conservation com 10/18/2004 ftEi: r' \i i::~ 1':.'1 . (' ril~;: Ir'~: , .. j ! I "j L ,f' Conservation Commission Meeti~J Jll~J ! 8'~ p'.d 3: 10 October 18,2004 .." II '. Present: Paul Boyden, Chair; Carole Matthew, Chris Weaver, Jac.\t~~.mi!h., ~lY- Cauldwell, Elizabeth Leidhold, Conservation and Environment4~~~ USE T T S 11. Meeting called to order at 7:07 P.M. 12. Executive Session with Town Council Paul made motion to go into Executive Session - all in favor. The purpose of this meeting is to discuss the pending litigation concerning Walnut Street and Clemco, Inc. Robert Mangiaratti requested a roll of the vote to go into the Executive Session be taken for the purpose of pending litigation. The land is behind Shaw's. The case involves an isolated wetland with no state jurisdiction, but is protected under the Town of Mansfield local by-law. Mr. Clemmey wanted to fill and relocate this wetland. An injunction was issued preventing him from doing any further work on the site. The wetland was filled in over the Christmas holiday 2002-2003. In the July meeting, Mr. Clemmey's lawyer, Mr. Nylan and the board settled on a plan by ,-- which they would restore 6000 sq. ft. of the wetland with a 25-ft no activity zone outside the perimeter of the wetland. Also Mr. Clemmey agreed to pay for the town to hire it's own wetland specialist, Mr. Peter Fletcher( $4000.00 to date) and for the Town's legal fees ($5000.00 to date). The town had hired a wetland specialist, Peter Fletcher (a soil specialist) because the Clemmeys had so severly altered the wetland it was difficult to determine the extent. By conducting a soil inspection of the site it confirmed that the size of the wetland was what was originally delineated by three former consultants at the site, not what Dr. Carr had determined, which was roughly half the size. We reported the case settled to the court late in the summer. The court issued an Order for Entry of Dismissal. The substance of this order is that the court gives the parties a certain number of days to file formal settlement documents or the case is dismissed. We received no response to our proposal. The commission than directed Mr. Mangiaratti to put the case back on the trial list unless it was settled. A letter was drafted to Mr. Clemmey telling him the case would be returned to court if there was no response from him. Plans were filed but only showed the wetlands in their present condition with no excavation. Mr. Mangiaratti felt they were not acting in good faith and filed a motion to restore the case to the file list. ~ Mr. Nylan said he didn't object to the case being put back on the trial list, but that his client was going to submit a revised plan to ConCom. Elizabeth gave a list of 1/13/2005 Conservation Commission Minutes I specifications that should be shown on the plan including a plant list and elevation data r from the Clemmey's VHB plan. Clemmey will submit the plans this week. They will be reviewed by Elizabeth and the commission, at which time it will be decided if the case needs to go back to the court. Mr. Mangiaratti thinks the settlement is a good one. He thinks it is in the best interest of the town and thinks it accomplishes almost everything we would accomplish if we went to trial and maybe more because at trial we might not be reimbursed for the attorney's fees. If the case goes to trial, it will be 30-60 days before it is rescheduled. So there is time to get Clemmey and the town in agreement. He thinks the case is under control and appreciated all the technical imput Elizabeth provided. At the request of Mr. Mangiaratti, Paul called Karl Clemmey. Mr. Clemmey told him that they would bring a check for the town and would submit a new drawing. Paul told Elizabeth to accept the drawing because at this time we have nothing. Paul made motion to leave Executive Session - all in favor 3. Notice olIntent - National Development (Formerly Medline) SE21l-706 r Sherry Clancy, representing National Development They are going back to the original plan as the plan of record to the site, dated August 18, 2004. Paul wanted to be sure the drawings were the same as the ones John Sullivan/Town Engineer, the Building Department and the Planning Board have. Paul inquired about snow removal plans and wants them noted in the plans. Sherry Clancy told the board the snow will be removed to the north/east side of the parking lot. The board wants an operation and maintenance plan for the detention pond. Pipe that is on the plans must be found. If it is crushed, it needs to be fixed. The board needs a construction schedule (time sequence) for the driveway wall near the wetlands. John Sullivan's conditions must be included in the plans - relocating the existing drainage ditch to the property line, a retaining wall adjacent to the existing wetlands. Christine Weaver made motion to accept plan including snow removal plan, siltation fence and John Sullivan's conditions. Jack Smith seconded Passed (5-0) 4 .Abbreviated Notice of Resource Area Delineation: 900 East Street. ,-.- Couldn't open the hearing - no engineer present. Elizabeth sent a letter to K & J Engineering concerning flag locations and suggested they move them. Engineer agreed and changed the plans. Carole says there are several vernal pools and the site needs to be looked at (there are wood frogs and fairy shrimp). Because there is no DEP number, no 1/13/2005 Conservation Commission Minutes 2 r .. , engineer present at meeting and the vernal pools need to be looked at, it will be ~ continued. 5. Abbreviated Notice of Intent: 751 North Main Street SE211-709 John Rendall and Keith Gally representing CH2M Hill. This is a hazardous waste site investigation with monitoring wells. They are in the process of closing out the site and are collecting soil grab samples along the banking of the parking lot (1' in depth) and the top of the parking lot (10"-12") and 1 boring of a monitoring well on the westerly side, at the intersection of North Main Street and First Street. High in antimony, lead and zinc. Paul asked if the land is entirely in Mansfield. According to Mr. Rendall, a couple of feet extend into Foxborough but all the work will be on the Mansfield side. Elizabeth will send a letter to the Foxborough conservation agent to let him know what is going on. Elizabeth would like the information from the sampling sent to her. She approved the project and recommended approval. Christine Weaver made the motion Carole seconded Passed (5-0) 6. Certificate of Compliance: Village at Willow Crossing 25 Cobb Street SE211-579 ,-.- Peter Sangermano present. All work has been completed except for the portion (80-90ft) of Cobb Street which is on hold until we see what the future project will be. Wants a partial Certificate of Compliance for work completed. Work not completed: 2 catch basins, 1 retention basin and paving of roadway. Elizabeth stated that the Order of Conditions has expired so a new Notice of Intent will be needed for any work to be done in the future. Any concerns can be addressed then on any future work. Elizabeth will call Mike Ahern to find out if any other issues need to be addressed. Paul has driven the site and found that 2 retention areas are overgrown and should be cleaned to ensure they are functioning properly. Colin Caul dwell made motion to issue a partial Certificate of Compliance, excluding Station 7+50 through Station 11 +00 Christine Weaver seconded Passed (4-1 with Jack abstaining) 7. Other Business: 1. Elizabeth would like to have an additional 6 copies of plans submitted when filing, as well as a locus plan on the plans. A motion was made to adopt the new policy. Paul seconded - Passed r- 1/13/2005 Conservation Commission Minutes 3 r T .. ,-.- 2. York Conservation Property - Mrs York specifically did not want hunting on the property. She has seen hunters on the property. Signs need to be posted. 3. Need signs for conservation land restricting motorized vehicles Colin says a by- law was drafted with a schedule of fmes. Elizabeth is going to get a copy of the by-law from the Town Clerk. Also need sign-no dumping. It was suggested that Mike Ahern be called in regards to the signage. 4. Elizabeth would like to give Michael Bibby a certificate of appreciation, in recognition of all the work he did on the York Conservation land. 5. Carole requested that some one check on 900 Maple Street (eastern side). She believes there is an uncertified vernal pool and that the owner is encroaching on the wetlands-might be working within 100 ft buffer zone. Also on Mill Street, she questioned whether activity is going on in or near the vernal pool. 6. The Commission sent the Golden Triangle a letter telling them they are continued for lack of information. Elizabeth, Christine and Colin are going to walk the site next Wednesday, October 27, 2004. Paul suggested she call Jack Walsh before they go. ,-.- I 8. Adjournment: Motion: To Adjourn at 9:00. (Boyden-Cauldwell) All in favor. Passed Date o?7xt Meeting: ovember 8, 2004 at 7 :00 p.m. , 1 L " . ..~ L/ /~~dtJd...~ D ~ of Approval (/ 0-~' &/k ~L OJ I ,W&:/ )W f I!!.:;O()y' ,-.- 1/13/2005 Conservation Commission Minutes 4