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HomeMy WebLinkAboutConservation Comm 09/23/19859 5. MANSFIELD CONSERVATION COMMISSION MONDAY, SEPTEMBER 23, 1985 MINUTES PAGE ONE Members Present: Chairman Durbano, Commissioners Graham, Mahoney, O'Neill, Ouellette and Sweet The meeting was called to order. at 7:30 p.m. Minutes of August 26, 1985. MOTION: To accept with one correction. (Graham -Ouellette; Mahoney abstained) VOTED Correspondence 1. Notice of Intent for Fuller Estates submitted by The Folkman Company. 2. Notice of Intent for Westhaver Farms submitted by The Folkman Company. 3• Notice of Intent for Austin Farms submitted by The Bonwood Company. 4. Soil Conservation Service notice of September 25 meeting regarding the Open Space Planning Grant. 5. September 18 letter from Joseph Zeneski, DPW Director to Camp, Dresser b McKee regarding completion of work on sewer interceptor on Cobb Street, Mr. Zeneski was to address a memo to the Conser- vation Commission on this issue for this meeting but failed to do so. Mr. Allen Johnson, Sun Chronicle, stated that Mr. Zeneski attempted to remove the stockpiled materials and temporary culvert, but was unable to do so when Mr. Clemmey would not let him or his crew on the property. 6. Memo from Town Manager Rande Wilson concerning the FY 87 Operating Budget. 7. Notice from Board of Selectmen of postponement of Joint Board Meeting on Industrial Zoning until October 16 @ 8:00 p.m. 8. Payroll voucher for Barbara Williams for 40 hours from September 9 to September 23, 1985. MOTION: To pay. (Sweet -Ouellette; all in favor) VOTED 9. Certificate of Compliance for Walter Crickard. MOTION: To issue. (Sweet -Ouellette; O'Neill abstained Mahoney abstained) VOTED MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, SEPTEMBER 23, 1985 PAGE TWO Sweeden Swamp Letter At the meeting of September 9, a motion was made to draft d letter to MACC expressing our concerns on the proposed South Attleboro Mall. Commissioners agreed to the drafted letter with the deletion of "finding an alternate site." The Commission felt approval of the proposed site would be a dangerous precedent, not only for Massachusetts but for wetlands across the country. MOTION: To send letter with the deletion of "when there is an alternate site." (O'Neill -Mahoney; all in favor) VOTED Request for a Determination of Applicability William Eaqer - West Street Proposal is to bring in earth moving equipment to remove tree stumps, with adjustment to slopes to provide machinery access to rear of property. Area will then be graded and seeded. Proposal also includes the laying of sand along water's edge. Mr. Eager mentioned before laying the sand, he would remove some of the muck and trash. He also mentioned he would like to do this project as soon as possible due to the low water level. After a brief discussion, the following motion was made: MOTION: To make a Positive Determination Nos. 1, 2 and 3• (O'Neill -Sweet; all in favor) VOTED Mr. Eager will have to file a Notice of Intent for his proposed work. Request for a Determination of Applicability Daniel Lenihan - West Street This Determination meeting is continued from September 9. Mr. Lenihan stated on August 26 that he proposes to remove stones and clay from peninsula which points out about 70 feet into Greenwood Lake and fill the area with sand to create a beach area. Prior to the Determination meeting on September 9, Mr. Lenihan dumped about four tons on sand on thepeninsula without removing any of the gravel. It was mentioned at that time, the possibility of having all the sand removed and the project rebuilt. It was agreed to continue the public meeting until this date so an inspection of the site could be made. The largest concern raised was if the fill has made the bank of the lake higher than normal, and after a brief discussion on this point, the following motion was made: MOTION: To make a Positive Determination Nos. 1 and 2. (O'Neill -Sweet; all in favor) VOTED Mr. Lenihan will have to file a Notice of Intent for this proposed work. MANSFIELD CONSERVATION COMMISSION MONDAY, SEPTEMBER 23, 1985 MINUTES PAGE THREE MOTION: To recess for seven minutes. (Mahoney -O'Neill; all in favor) VOTED Request for a Determination of Applicability Kevin Delano - Ware Street Proposal is to construct a two -car garage within 100 feet of a stream. Mr. Delano stated there will be no alterations to the banks of the stream nor any filling near the stream. He also stated the closest the construc- tion will be near the stream will be approximately 50 feet. There is an existing driveway, and there will be a gradual incline toward the garage. Mr. Delano proposes to put up a snow fence for erosion purposes. Members of the Commission agreed that the filing of a Notice of Intent was unnecessary. MOTION: To make a Negative Determination No. 3. (Sweet -Mahoney; all in favor) VOTED Chairman Durbano mentioned to Mr. Delano there was a ten-day appeal period before he could begin work. Site Plan Reviews 1. Office Building off South Main Street -- Will require the filing of a Notice of Intent for outfall of drainage. There is no locus map shown on the plan. 2. Proposed Hair Salon on Copeland Drive -- No wetlands are depicted on plan. The Planning Department's assistance in obtaining a plan showing wetlands would be appreciated. There is no locus map shown on the plan. 3. Proposed Jason Lane Subdivision -- Will require the filing of a Notice of Intent. 4. Proposed Hallett Crossing Subdivision -- Will require the filing of a Notice of Intent. It was noted on plan that drainage will be over the town line in Norton. It was agreed to send a letter to the Norton Conservation Commission advising them of this proposal. Request for a Determination of Applicability Albert Rose - West Street Proposal is to level backyard, install above -ground pool, fence yard and enlarge paved driveway area. Tree stumps have been removed and holes filled. Work on driveway will occur closest to the wetland, at approximately ten feet. Additional proposed work will occur on the other side of the house. MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, SEPTEMBER 23, 1985 PAGE FOUR Chairman Durbano mentioned that at the on-site inspection he informed Mr. Rose the lowest point of the driveway should be ripped -rapped to prevent erosion into wetland. It was agreed to make a Negative Deter- mination No. 3 which states: "The work described in your request is with- in the buffer zone, as defined in the regulations, but will not alter an Area Subject to Protection Under the Act. Therefore, said work does not require the filing of a Notice of Intent." MOTION: To make a Negative Determination No. 3. (Mahoney -Sweet; all in favor) VOTED MOTION: To include provision that erosion protection be provided. (O'Neill -Mahoney; all in favor) VOTED MOTION: To lift Cease and Desist Order issued on August 27, 1985. (O'Neill -Mahoney; all in favor) VOTED FY 87 Budget After discussion, it was agreed to ask for an increase to $4,000 for the Salary Budget due to the increase in Wetland Protection Act Hearings and the secretary's increased workload. The Commission anticipates 75 hearings in the coming fiscal year. The Chairman felt it important that new members attend upcoming seminars. Also payable in the upcoming fiscal year will be the dues for membership in the Massachusetts Association of Conservation Commissions. It was felt that a decrease of $50 in the Expense Budget would be satisfactory. A suggestion was made to prepare an Article for Town Meeting requesting money for land acquisition. The Budget for FY 87 will be submitted to the Town Manager by November 1, 1985. Request for a Determination of Applicability James Grady - Old Maple Street Proposal is to construct a home within 100 feet of Factory Pond on Old Maple Street. Septic system will be between 125 and 150 feet from the pond. Glass, enclosed structure, to be built at rear of house, will be approximately 60 feet from the pond. Mr. Grady mentioned that perk tests have been taken and the building permit has been issued. Drainage will flow toward pond. After review of the plan, members felt a Notice of Intent was not necessary provided the appropriate siltation controls were provided. Mr. Lincoln Holske was in attendance with Mr. Grady. MOTION: To make a Negative Determination No. 3, provided appropriate siltation control be placed at 154' contour to prevent erosion into the pond. (Sweet -Mahoney; all in favor) VOTED MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, SEPTEMBER 23, 1985 PAGE FIVE Request for a Determination of Applicability Sandra Franey - Old Elm Street Ms. Franey proposes to build a house on Lot 2. Old Elm Street. Past concern has been the possibility of flooding on abutter Jean Woodland's property. (See also minutes of September 9, 1985 for further information) Ms. Franey told the Commission the land will be graded away from Ms. Woodland's land, and the stone wall along property line will not be touched. Ms. Woodland asked for reassurance that problems would not occur. Chairman Durbano mentioned to her that if the land is graded per plan, dated August 20, 1985, no flooding will occur on her property. Mr. Karl Clemmey stated Ms. Franey would be willing to put in a swale. MOTION: To make a Negative Determination No. 3 with the stipulation that the work shall be done per plan dated August 20, 1985 and the grading of the land shall not cause flooding to adjacent property. (O'Neill -Mahoney; all in favor) VOTED MOTION: To lift Cease and Desist Orders issued to Ms. Sandra Franey, Mr. Gary Forget and Mr. Myles Franey. (Mahoney -O'Neill; all in favor) VOTED MOTION: To adjourn at 10:35 P.M. (Sweet -O'Neill; all in favor) VOTED The next meeting of the Conservation Commission will be October 21, 1985. Approved by: Date to Town bjw