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The Commission will respond to Mr. Eager's Request for a Determination on September'23. Leon Grant Ware Street Commissioner Bonvie attended an on-site inspection of Mr. Grant's property with Bert Cook, Building Inspector and John'Blundot D4QE. Mr. Bonvie mentioned the State felt an extension should be issued to Mr. Grant to finish his pond under a set of guidelines set by the State. In a phone conversation with Mr. Blundo, Charman Durbano told him the Commission has issued several extensions to Mr. Grant already with no results. In discussing alternatives; such as granting an extension for two months, and if pond not completed, contacting Attorney General's office; or asking the Building Inspector why this issue has not been pursued, the Commission finally agreed to send a letter to the Building Inspector and Town Counsel requesting the official status of this project and to send copies of all official documents in our files to Mr. Joel Hartley, DEQE. It, was mentioned;that Mr. Grant's As -Built plan was not an As -Built plan according to RIM Engineering and the Building Inspector. MOTION: To wend a letter to the Building Inspector and :Town Counsel requesting officialstatus of 'File No. SE211-52 and send information to DEQE. (Ouellette -Graham; all in favor) VOTED Request for a Determination of Applicability Ronald S. Bonvie Coruoration - Windchime Drive Mr. Michael Trowbridge, RIM Engineering Co., representingMr. Bonvie told the Commission that Mr. Bonvie proposes to grade within 100 feet of a drainage ditch and construct a house and septics Otem. This lot was not part of the filing for Windchime Acres subdivision. After a brief discussion of the plan, the following motion was made: MOTION: To make a Negative Determination No. 3. (Ouellette -Mahoney; all in favor) VOTED Negative Determination No. 3 states that said work does not require the filing of a Notice of Intent. Commissioner Bonvie sat in the audience during Determination meeting. MMANSFIELD ONDAY, SEPTEMBERA9,01985ISSION MINUTES PAGE THREE nese on the Notice of Intent A Wetland Protection Act Hearing was dated August 229 1985 for the Ronald S. Bonvie Corporation. Proposal is to fill 2,300 sq. ft. of a drainage ditch. See attached summary. Protection Act Hearing - oxja --y', i,, U^MAR - Franklin Street v�� --- A Wetland Protection Act Hearing was held on :dated August 229 1985 for Golden Hill<Homes drainage, houses and roadway within 100 feet Wetlands. See attached summary. s>„n..nRAd South Attleboro Mall Commissioner Massachusetts the proposed'r� net was this the the Notice of Intent Inc. Proposed of Bordering; Vegetated ill stated he received a letter from the ociationsof Conservation Commissions concerning and the filling of about 30 acres of Sweeten en to be a hearing held on September 26, ten responses is September 13. The Commission _____a„„ a- ,.,,,,,I A be set if the swamp_ The plan is s EPA is prese ineers anc 1,uo n Eng the Army Corps of + a study. Wetland Protection Act Hearing- SE211-141 Re ional Interce for Count Street Intent A Wetiand ProtectionAct Hearin 1BoardseNoticeld on the f ofSelectmen, TownofFoxborough. dated August 19, 85 beneathlis to the Rumford aRiver ll e djacentuto CountyeStreet.onSee lattachedor summary. Pro osed South Attleboro Mall To draft a letter to MACC expressing our 'concerns ;on the South Attleboro Mall and to approve it at the next meeting on September 16. VOTED (Mahoney -Ouellette; all in favor) MOTION: MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, SEPTEMBER 99 1985 PAGE FOUR Correspondence 1. Bristol Office Supply bill for $5 -47 - MOTION: To pay.' (Graham -Mahoney; all in favor) VOTED 2. August 29 letter from Steven Greenber81 814 Maple Street to the Commission Concerning ;the partial filling of a turtle pond within the wetland area between 813 and 819 Maple Street. A letter was sent to The Folkman Company on July 18 concerning this turtle pond, but a response has not been received, nor the problem corrected. MOTION: To send a letter to Mr. Folkman (File No. SE211-115). (Mahoney -O'Neill; all in favor) VOTED 3. Certificate of Compliance requested by Walter Criekard, Tanya Drive for 'File No. SE211-116. Will require an inspection before a Certificate is issued. 4. Fruition,Program Release, 5. Planning Board Minutes. of August 14 and August 21. 6. MHFA Newsletter. 7. Massachusetts Historical Commission Newsletter. 8. Bristol Conservation District Newsletter. Request for a Determination of Applicability Daniel Lenihan - 1801 West Street Yr. Lenihan appeared before the Commission on August 26 stating his intentions to remove stones and clay from penisula which points out about 70 feet into 'Greenwood Lake and fill the area with sand to create a beach area. He was asked to submit a Request for a Determination of Applicability before any work is started. Mr. Lenihan did submit the Determination but he also dumped aboiit four tons of sand on the penisula. Mr. Lenihan said he misunderstood what the Commission wanted. He said at the base of the fill is gravel and clay with about four inches of sand on top. The only materials removed before putting the sand down were dead leaves and branches and muck. Chairman Durbano stated he would liked to have seen the gravel removed first. He feels the banks have been raised which would lower the lake. The Chairman felt the sand should be removed and the project restarted; first removing the gravel. Mr. Lenihan mentioned he would do what is necessary to remedy the situation. MANSFIELD CONSERVATION COMMISSION MONDAY, SEPTEMBER 91 1985 MINUTES PAGE FIVE Mr. Paul Zecher, West Street mentioned that the penisula is a wildlife habitat for geese and ducks and he feels the penisula should be returned to its original condition and left so. Mr. Barry Young, President of the Bungay Lake Association mentioned the Association is comprised of approximately 120 residents who live around the lake. He also mentioned that, although no borings have taken, he feels there is more than four inches of sand which have been dumped. Mr. Young stated he would like to go on record that he does not oppose what Mr. Lenihan is doing, but is concerned with the banks being built up too much. The residents and Nr. Lenihan agreed to have a survey taken to see just how much of the penisula Mr. Lenihan owns. The two main concerns are how much has the penisula been built up, and should this area be built up at all. Members felt it was necessary to continue this meeting. An inspection will be made on September 12 and the meeting will be continued to September 23. Request for a Determination of Applicability James Vadala - 1264 East Street Mr. Vadala appeared before the Commission on August 26 stating his intention to remove fieldstone and flagstone which has been stored on his property near a buffer zone. At that time Mr. Vadala mentioned the buffer zone has altered over the years and the stream is twice as wide. He has used this area for storage since 1959. Abutter Christopher Curvin asked about the 3,000 s.f. of gravel which was filled under the storage area. Mr. Vadala stated he never put in any fill. Chairman Durbano mentioned that the area looked the same as it did about two years 'ago and felt no fill was put in. A decision on this Determination will be made after a site inspection is made on September 16. Wetland Protection Act Hearing Continuation - SE211-139 The Folkman Company - Highland Avenue Extension A Wetland Protection Act Hearing was held on the Notice of Intent dated July 29, 1985 for The Folkman Company. Proposal is to construct roadway and homes occurring in or near Bordering Vegetated Wetlands. See attached summary. Wetland Protection Act Hearing - SE211-140 Walmark Corporation - VanKoert Farms A Wetland Protection Act Hearing was held on the Notice of t Intent dated August 26, 1985 for The Walmark Corporation. Proposal is to construct a 37 -lot subdivisson. See attached summary. MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, SEPTEMBER 91 1985 PAGE SIX Ms Sandra Franey - Old Elm Street This section will begin with some background information. Ms. Franey attended a meeting of the Commission on January 14 at which time she stated she was removing some old foundations from behind her house. Some loam was also removed. She stated that when digging the loam groundwater surfaced thus resulting in the appearance of a wetland. She also mentioned there has not been any wetlands on her property, and that the water presently on site has no inlet or outlet. The Commission agreed at that time there was no problem with the work being done. On June 3, an abutter came before the Commission stating Ms. Franey was making considerable alterations to the area by cutting trees and bulldozing loam. When this area was inspected by the Commission, it was felt to be a depressed area with occasional water. Ms. Franey attended a meeting of the Commission on July 8 after a recent inspection of her property by the Commission and concern raised by an abutter. At that time, Ms. Franey ` mentioned that loam was being pushed 'back to remove the old foundations. She plans on building a home on one of lots. Ms. Franey was asked by the Commission to submit A Request for a Determination of Applicability and plans to us for review. The plan was to show, elevations after construction and the direction of the 'watershed. Ms. Franey stated she would submit a Board of ;Health plan in four to five weeks. Ms. Franey was told by Chairman Durbano no work was to be done until the Determination was received. At the August 26 meeting of the Commission, members agreed to issue a Cease and Desist Order to Ms. Franey because she did not submit the Request for a Determination of Applicability and work was again going on. A Cease and Desist Order was also issued to Mr. and Mrs. Gary Forget, Lot 3; and to Mr. and Mrs. Myles Franey, Lot 85. These three parcels adjoin each other. A motion was made at that time that if the parties did not respond by September 9, then the Cease and Desist Orders would be filed at the Registry of Deeds. Tonight, Ms. Franey came before the Commission with RIM Engineer Michael Trowbridge and Karl Clemmey. Before the discussion began, it was mentioned that the Commission felt this is Land Subject to Flooding, or was, before excavation work began. Mr. Trowbridge stated to the Commission there was high ground- water even before excavation. He also stated that Land Subject to Flooding must border a waterway, according to the regulations. Chairman Durbano stated Isolated Land Subject to Flooding does not have to border a waterway. He also stated the Conservation MANSFIELD CONSERVATION COMMISSION MONDAY, SEPTEMBER 99 1985 MINUTES PAGE SEVEN Commission determines if area has Isolated Land Subject to Flooding, not the applicant. Mr. Karl Clemmey, speaking on Ms. Franey's behalf, asked why the Cease and Desist Order was issued. He was given,a brief history of the situation which lead up to the issuance of the Cease and Desist Orders. Mr. Clemmey told the Commission that before a Cease and Desist Order can be issued, the Commission must have proof of a violation, in his opinion. Chairman Durbano told him that the Request for a Determination of Applicability is simply asking if the law applies. He was also told that Ms. Franey was asked to submit this Request before any more work was done and failed to do so. After a heated discussion on the issuance of the Cease and Desist Orders and the Commission's opinion of the land, Ms. Franey stated she misunderstood what the Commission wanted her to do. She alsc stated she could not submit the plan to the Board of Health until the work they requested to be done was done. In doing this work, she violated the Conservation Commission's request that no work be done. Mr. Clemmey told the Commission that Ms. Franey offered to let her neighbor's engineering firm design her back lot so the flow will not go toward the neighbor. He also told the Commission that theneighbor has an old septic system which causes flooding to her basement, and that Ms. Franey 'has `let 'her pumped the excess water on her property for the last ten years. He feels the Commission should lift the Cease and Desist Orders and let Ms. Franey put the material back and start fresh. After more discussion, Ms. Franey decided to fill out the Determination form for Lot 2 where the area in question is located. Chairman Durbano felt that it was not necessary to file the Cease and Desist Orders at the Registry of Deeds since Ms. Franey submitted the Determination form within the time period we set. He also mentioned that the Cease and Desist Orders could be lifted for Lots 1 and 3 provided the work was on Lot 2 only. This decision will be made after inspection of the lots. MOTION: The Cease and Desist Orders will not be filed at the Registry of Deeds for Lots 1, 2 and 3 at this time. (Mahoney -O'Neill; all in favor) VOTED Karl Clemmey Mr. Clemmey informed the Commission that the Town has done excavation on 800 feet of his land on Cobb Street, including cutting of trees, leaving stumps, laying sewer lines and pumping water onto his property. Mr. Clemmey was very upset MANSFIELD CONSERVATION COMMISSION MONDAY, SEPTEMBER 99 1985 MINUTES PAGE EIGHT and wanted a Cease and Desist Order issued to the Department of Public Works for these violations. The DPW is laying the new sewer interceptor in town (File No. SE211-120). The Commission agreed to view the site tomorrow morning and asked Mr. Zeneski� DPW Director to come to the Commission meeting on September 16. MOTION: To adjourn at 12:00 a.m. (Mahoney -Ouellette; all in favor) VOTED The next meeting of the Conservation Commission is September 16. Approved by: Date to Town Clerk: bjw