HomeMy WebLinkAboutmin of conservation com 03/28/2005
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Present: Paul Boyden, Chair; Carole Matthew; Christine Weaver; Colin
Cauldwell; Jerry St. Hilaire; Jack Smith; Marc Marcussen; Elizabeth Leidhold,
Conservation and Environmental Planner.
Conservation Commission Meeting
March 28, 2005
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Louis Masiello, David White, Steven White and Ann McMenemy were present.
They have an application before the Commission for an Order of Conditions.
ESS is concerned about a conflict of interest with Horsley Witten, consultants the
Commission voted to hire for a peer review on the Mansfield Crossing project.
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Horsley Witten is currently involved in active on-going litigation against ESS on
an Order of Conditions project in Northbridge, MA. They have been fighting in
court with proponents of that project for a year and Horsley Witten is currently on
retainer to oppose the ESS project. They are currently in Land Court. ESS
believes that having Horsley Witten Group review their project will not give them
a fair hearing. They believe there are many qualified professionals on the list of
firms that the RFP was sent to. They have identified firms that have a conflict of
interests with ESS. ESS would like a firm chosen from a list of consultants that
have no ties to ESS.
Elizabeth read from Chapter 268A-Massachusetts General Laws-The Conflict of
Interest Law. Elizabeth had also contacted MCAA, Alexandra Dawson and
Michael Sites, and attorney.
Alexandra Dawson recommended that Elizabeth contact the state ethics board.
Michael Sites felt that Elizabeth should get Bob Mangiaratti, Town Council
involved.
A letter from Deborah Horwitz, an attorney for ESS was read. She wrote that
because of Horsley Witten's interest in the Northbridge matter, they can not
objectively review the Mansfield Crossings project.
Ann McMenemy would like to be able to work productively with the consultant
and feels that this will be impossible with Horsley Witten Group. She feels they
will have bias.
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Elizabeth has spoken to Horsley Witten Group twice; specifically Amy Ball and
they feel there is not a conflict of interest.
John D'Agostino provided Elizabeth with a "Request for Legal Services" form.
Jerry feels this should be turned over to Town Council.
Christine would like to know if Amy Ball or her supervisors are actively involved
with the on going case against ESS.
Ann McMenemy feels there are a number of firms that ESS has no problems with.
Elizabeth doesn't agree-the list is getting smaller and smaller.
Louis Masiello feels the list includes many qualified firms. ESS has identified the
firms on the list that are being paid by ESS to perform services and that the same
conflict of interest applies. Given that ESS is paying the bill for the consultant,
why not choose one that doesn't have any conflict of interest.
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Louis Masiello says that this has never happened before because usually they
get to see the intended list of consultants, disclose any conflicts and that most
commissions simply don't include on the RFP people who have any conflict-
people working for or against don't get included on the list and have no
involvement at all.
Jerry made the motion to refer the question of conflict to town council
immediately.
Christine seconded.
Passed (5-0 with 2 abstaining)
Mr. Masiello-should they schedule another hearing?
Paul-the next hearing will be April 11th at 7:00.
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John Parmentier of Dunn McKenzie representing Peter Sangermano.
This is a request for a new Order of Conditions. The old order has expired.
Peter Sangermano was asked to refile to reactivate the file. Purpose of the filing
is to complete the gravel base, fine grading and paving of Cobb Street to the cul-
de-sac.
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An update of the project: Drains are in. The detention/retention basins are in.
Roadway is roughed in. Utilities are in with the exception of the electric near the
cul-de-sac. Remaining work to be done is the installation of the electric to the
cul-de-sac, curbing and sidewalks.
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They recently went to the Planning Board to update and modify the plans-
adjusted the elevation of the sewer lateral. Planning Board approved the work
last week. Work is outside the 100 ft. buffer zone. The intermittent stream on the
site has been flagged. Hay bales are around the stream to prevent any basin
InvaSion.
Engineering has reviewed the sewer modifications and has approved.
Paul is concerned about the basins-they need to be cleaned and maintained
regularly. This is in the old Order of Conditions and will be included in the new
Order for the basins on the corner and to the right of the cul-de-sac.
This is the exact same project approved in the old Order of Conditions. A partial
order was issued.
Paul thinks an "as built" should include erosion control, silt fences and Project
Engineer verification. The conservation agent is to be called for an inspection.
Christine wondered about a maintenance plan for the catch basins.
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Karl Clemmey- This is a new filing. Are there any comments from any other
boards? Paul told Mr. Clemmey the filing has been looked at. He is not aware of
any comments. Elizabeth had asked John Sullivan to look at this filing again. He
has no problems with it. His comments were reflected in the letter sent to the
Commission for the original filing.
Mr. Clemmey would like it noted in the minutes that there were no other
comments from the other boards.
Christine made the motion to accept the Notice of Intent with conditions noted in
the engineering letter certifying that erosion control and silt fencing is properly
placed and that the agent be called for inspection of the silt fencing.
Jerry seconded.
Passed (6-0 with 1 abstention).
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Applicants have requested a continuance till April 11 tho
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Village at Cedar Heights, at Francis and Connors Avenue-#211-682.
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John H. Michaelmore, Attorney and Robert and George Turner, the applicants,
were present.
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In the March, 2003 plan the filling of the wetland was roughly 4600 sq. ft. and in
June 2003, the filling of the wetland was down to 2600 sq. ft.
When they got approval in the fall of 2003, it was down to 1085 ft. Replication
will be approximately 1200 ft. This is voluntary and will be determine by Horsley
Witten Group. They will make a report with plans for the area. Robert Turner
stated that they wanted to make sure the replication would flourish.
During the hearing for the Order of Conditions this commission made a
determination that Wetland "A" is not under the jurisdiction of the state act
because it is isolated land, subject to flooding, less than the requisite square
footage and that there is no buffer on isolated land subject to flooding.
They went to ZBA to ask for a waiver from the local by-law. The waiver was
granted (the state act doesn't apply and the by-law was waived).
The plans, dated August 23, 2005, show the sewer line running up Connors
Avenue, up to the subdivision network. It is adjacent to Wetland "A". Because
the board made a finding that they had no jurisdiction over this area and the ZBA
had waived the 25 ft. "no build" zone, they are asking the Commission to ok this
project. It is a simple relocation of the sewer line.
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Colin wanted to know if the replication is in one area. Mr. Michaelmore said no.
Jerry wanted to know how the town would get to the sewer line for maintenance
and cleaning. DPW originally wanted the sewer line in the street.
Elizabeth questioned whether an amendment to the Order of Conditions is
needed or if it is an insignificant change. Mr. Michaelmore feels it is an
insignificant change.
Jack asked if clay barriers would be installed to hold back the water. Mr.
Michaelmore says whatever is required by the DPW will be done.
Robert Turner says that John Sullivan has review this plan and doesn't have a
problem with it. His only question was if the Commission should review the plans.
Colin is concerned about the impact the replication will have on the wetland and
wanted to know if the replication requires the approval of the Commission and
will another Order of Conditions be needed.
Mr. Michaelmore says the replication is in the Order of Conditions and reminded
the Commission that the replication is entirely voluntary. The applicant will
provide the Commission a detailed plan of replication for their approval. All will
~ conform to the state regulation.
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Paul said the sewer line and Jack's suggestion of clay barriers needs to be
discussed with John Sullivan.
All will be covered in an "as built".
Marc made a motion to accept the plan of record, dated March 1 0, 2005, to
accept the finding that the proposed changes to the plan were of less impact to
the wetland, therefore considered insignificant.
Jerry seconded.
Passed (6-0 with 1 abstention).
Mansfield Airport-Quadrant 4-#211-682.
Louis Andrews was present.
The revised plans are dated 2/28/2005.
A change was made to eliminate the retaining wall enabling them to pull back
from the wetlands and the drainage was changed so the runoff goes into a
detention basin.
There is no increase in the rate of runoff from this area. It meets or exceeds the
r"' 1 OO-year storm event and is acceptable.
In a letter written to Elizabeth, dated 2/24/2005, John Sullivan feels the changes
are minor, would not impact the wetlands and are not significant enough to file a
new Notice of Intent.
Colin made a motion to accept the new plans as drawn with amendments and
changes noted in figure #5.
Christine seconded.
Passed (7-0).
Certificate of Compliance-274 Fruit Street-John Hurley-#211-354.
New plan of record submitted March 11, 2005. No representative was present.
The Commission will invite Ralph Maloon and Mr. Hurley in to discuss changes
between the plan of record and the "as built".
Christine made the motion to invite Mr. Maloon and Mr. Hurley to the next
meeting.
Colin seconded.
Passed (7-0).
r" Gilbert Street.
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This Subdivision is going before the Planning Board.
The applicant needs to go thru the process again because the ANRAD has
expired as of August 2004. There are 12 certified vernal pools with endangered
species on this property. Carole reminded the Commission that the applicant
must stay 100 ft. away from a wetland with an endangered species.
Community Garden.
A few people interested in a community garden have approached Colin. This
would require land that has a water source. A suggestion was made to look at
Conservation Land, maybe Essex Street or Great Woods. The Leaf and
Compost area is another suggestion. If the Compost area is used, the gate off
106 will need to be used as the entrance.
Paul would like the space to be in a location where there is less chance of
vandalism. There is no water source on Essex Street.
NYDES Phase II Permit-Stormwater Management By-Law.
John Sullivan will be back in 2 weeks to review the NYDES Phase II permit-
Stormwater Management By-Law.
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Elizabeth wanted the Commission to be aware of the changes in the appeals
process. It was suggested that maybe a handout be given to people coming
before the board. Paul thought it should be included at the bottom of the agenda
posted at the door for people to see.
Notice of Intent: 517 Elm Street, "Green Tree Acres".
Applicants have requested a continuance until the April 11th meeting.
DEP has not issued a number.
Copeland Crossing-#211-687.
Mujeeb Ahmed was present.
Paul wanted to know if Elizabeth was getting the reports from Patrick Garner.
She had received one on March 2200 and the next one is due on April 4th.
Revisions need to be made to the report dated March 22nd. Elizabeth talked to
Patrick today-flags are on the water-sewer line (10 ft. of road with 5 ft. on each
side, a total of 20 ft. wide will be going thru the wetland). This is not an Isolated
Land Subject to Flooding.
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Under state law, 40B projects require replication vs. alterations.
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There is a new plan of record showing the sewer line, dated 3/21/05.
Mujeeb Ahmed is ready to do the sewer line and would like to start April 4th -
subject to the Commission's approval and the highway department issuing a
permit.
Elizabeth will talk to Patrick Garner about flood storage and habitat restoration.
The site will need clay barriers during construction to maintain water height.
Mujeeb Ahmed will have a new construction schedule that will include alteration
vs. replication amounts and clay barriers by next Wednesday.
Christine wanted to know if it is going to function as flood control.
Jerry made the motion to reference the original requirements with the sewer
construction procedure.
Carole seconded.
Passed (7-0).
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Colin wanted the Commission to be aware that May 7th is Canoe Aquifier Day.
Trees need to be pulled out of the water. Rocks and bikes have also been put in
the water and need to be cleaned out.
Elizabeth will contact Marc Cook to remove the trees, rocks and bikes by May 7th.
Colin received a call from a concerned citizen of a wetland violation on School
Street. The site has been clear-cut and no vegetation is left. Elizabeth and Colin
have looked at the site.
The property owner had been before the Commission for permission to build and
was denied. They built anyway and have bulldozed to the retention area.
Elizabeth will send a letter to Acorn Manufacturing and apprise them of this
violation.
A letter will be sent on behalf of Bob Bean, a former Commission member, so he
can receive an award for his community service.
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Carole mentioned a violation on Conservation Land near her home. She has
heard chain saws and 4-wheelers are using the property. There is a vernal pool,
a rare species habitat (blue-spotted salamander) on the property. She would like
to have some signs put on the property. Colin suggested she call the Mansfield
Police. Since the land also extends into Easton, he suggested that she contact
the Easton Police and their Conservation Office. Elizabeth would like Carole to
e-mail the information to her.
Colin made the motion to approve the minutes of March 14th pending corrections.
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Motion to adjourn: Adjourned at 9:45.
Seconded:
Passed (7-0).
D of next meeting: April 11, 2005 at 7:00.
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