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HomeMy WebLinkAboutConservation Comm 06/01/1976Mansfield Conservation Commission June 1, 1976 Present: Stuart Sweet, Doris Webb, Charles Meszoely, Paul Boyden, Robert Jones, Fred Rys _Meeting opened at 7:30 p.m. Charles Meszoely moved to accept the minutes of the previous meeting be ac- cepted. Seconded by Fred Rys, voted all in favor. Myles Franey met with the Commission regarding a perc test that might be subject to wetlands proceedings, it is 900' from water at 1000 West Street, Lot #9. The Commission will look at this lot to make a determination on this on Saturday morning. Paul Boyden referred to the Wetlands hearing held on May 11 (Frank Allen) and said that he had invited more of the neighbors here this evening po get further input on this. Donald Mercier, 750 Ware Street, said that he had sent a letter to the Com- mission on April 23 signed by various land abutters, and asked why they y were not notified. Paul Boyden noted that the notice had been in the paper as required by the law, and that he thought the people concerned would be at the hearing. -Mr. Mercier said that Mr. Allen showed him what he planned to do on the pro- perty, that he plans to move the stream across the street from his house, and make three ponds. Mr. Mercier stated that he objected to this. Mr. Mercier questioned the lots, whether they would be buildable. Mr. Boyden noted that the only jurisdiction the Conservation Commission had was over the wetlands. Mr. Mercier stated that he was against the changing of the course of the stream. He said that he has never had any water problems down there until Allen Willis built houses across the street. During the summer, the brook used to be dry, but not anymore. 'Doris Webb asked if Mr. Mercier had a sump pump in his basement. Mr. Mercier answered that he did. 'Mr. Meszoely asked when he started having problems. Mr. Mercier stated that since Allen Willis built the other houses down the street. t t s oke against the project. She said that Barbara Jones of 776 Ware S ree , p this would increase the water problems on her property. She said that she .has lived there 36 years and has never problems until now. She said that the water from Willis' and Home Developers comes in onto the backland. -1- S �1 Conservation Commission �June 1, 1976 Page 2 Charles Meszoely asked Mrs. Jones when her flooding started. She said about 2 years ago. Paul Boyden asked if the water has ever come up over the road. Mrs. Jones said that it did once during a snow storm. Mr. Mercier commented that contractors buy swamp land knowing that they can fill it and build on it. He said that other landowners should not have to suffer because of that. He said that the state should come down and investi- gate how the perc tests are being done and on the wetlands. - what the out- come should be. Doris Webb advised Mr. Mercier that he should go to the Board of Health re- garding perc tests. Mrs. Jones questioned if Mr. Allen would be able to put in drainagepipes underground without anyone knowing it. Robert Jones (no relation) of the Commission noted that the hearing was held just on the particular plan submitted by Mr. Allen, and that was all that he intended to do now. The Commission has to make a notice of conai- tions on that hearing this evening. There will be a copy of that filed .with the town clerk, and a copy of the plan. If there are any questions, if the neighbors wanted to appeal this, any 10 people can get together and appeal this to the state. Frank Allen, 795 Ware Street, said that he walked the land with some of the ...'.neighbors. Mr. Allen said that Mrs. Jones was going to show him the back - land where the water was that was never there before. There happened to be about 20 inches of soupy peat which would take, as far as Mr. Allen was con- cerned, about 200 years to be established. Mrs. Jones said that she never said that there wasn't a swamp, but that you could walk through it during the dry season of the year. Mr. Allen said that his engineer told him that no more water would be leaving his property in the future after doing this work than what is leaving now, only at a faster rate. Mrs. Jones said that she wanted that in black and white. Robert Nemet, 752 Ware Street, asked what wetlands were for. Mr. Boyden said to act as a sponge, a retention area. Mr. Nemet asked what would happen if all these were filled in. Mr. Boyden advised him that the Commission's function was to protect these. Mr. Boyden said that in this particular instance a retention area was being created in this area along with the swamp that was there. P Jack Cook, 761 Ware Street, noted that there was only one pond on the plan, not 3. He said that he would be removing the debris that has accumulated over the last 50-100 years. He said that he did not see how it would affect _ -2- `VVI t.' Conservation Commission June 1, 1976 Page 3 anyone else's land, except to help it. He said that his own home would be there, and he would not build his home there if it were going to be wet. Mr. Mercier discussed water table charts, and asked if the project would affect Mr. Moody. Margot Jellinek, 1551 West Street, discussed the Canoe River. She asked how much surface water from the street and how much oil from the cars and salt will go into the Canoe River from subdivisions. Robert Jones answered that only if the Commission holds wetlands hearings on a subdivison can it be determined how much runoff will be generated. At 8:15 p.m. there was a Wetlands Protection Hearing on the application of Richard Staples and Dale Tessier. Separate transcript on file. / .Karl Clemmey met with the Commission regarding his property at 390 West M1 Street. There will be a hearing on this June 22. Old Business: The Commission discussed Fulton Pond - the Lions' Club is doing work there. Mr. Boyden discussed the possibility of the town putting up a war memorial near Fulton Pond. After discussion, Fred Rys moved that the Commission study the possibility of having a war memorial there. Seconded by Stuart Sweet, and it was voted. Regarding the hearing held on Louis Andrews, willow Street, Paul Boyden .moved that the Commission approve the project as submitted with'the plan `attached, and that this be inspected by the Building Inspector. Seconded by Charles Meszoely, and voted all in favor. After further discussion of the Ware Street project of Frank Allen, Charles Meszoely moved to approve the project with the following conditions as dis- cussed by the Commission: 1. Make the stream or brook that is being relocated "meander" rather than go in a straight linet. 2. The area to be created as the retention area must be at least as large as the area to be filled - approximately 50,000 s.f. 3. The swamp area presently depicted (on "Topographical Plan of land in Mansfield, Mass., Scale 1" = 60', dated April 5, 1976, by RIM Engineering Co., Inc.") adjacent to the proposed pond should remain intact, and is in no way to be disturbed under this order. -3- K� Conservation Commission June 1, 1976 Page 4 4. The proposed brook shall be moved to the easterly side of Lot 779 within the lot, and shall be on the westerly side of the right-of-way. 5. The Plan entitled "Topographical Plan of Land in Mansfield, Mass., Scale 1" = 60', April 5, 1976, RIM Engineering.Co., Inc. shall be recorded. 6. The existing 12" pipe at elevation 114.41 at Ware Street shall remain a 12" pipe. Doris Webb seconded the motion, and it was voted all in favor. The Commission discussed the order to be issued for Staples and Tessier's project on School Street. Charles Meszoely moved that the followinj con- ditions, as discussed by the Commission, be approved: 1. That a ditch shall be created along the westerly side of the proposed driveway, with the invert at 137.8 ,. 2. That a retention area be created at least in size of the area proposed to be filled, as shown on the plan entitled. "Topographical Plan of Land in Mansfield, Mass., Scale 1" = 40' dated March 6, 1976, revised 3/10/76, 3/15/76, and 4/17/76, RIM Engineering" 3. That the plan referred in the above condition be recorded. Fred Rys seconded the motion, and it was voted all in favor. Charles Meszoely moved to adjourn at 11:14 p.m. Seconded, and voted. 4--