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MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, SEPTEMBER 9, 1985 PAGE TWO
of the Bungay Lake Association stated he was in favor of Mr. Eager's
intentions but is concerned in seeing the banks of the lake: being
built up with the water level so low. 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