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HomeMy WebLinkAboutConservation Comm 07/31/1985MANSFIELD CONSERVATION COMMISSION WEDNESDAY, JULY 31, 1985 Present: Commissioners Bonvie, Mahoney O'Neill and Ouellette. Commissioner Bonvie served as Acting Chairman during Chairman Durbano's absence. , The meeting was called to order at 7:35 p.m. MINUTES PAGE ONE - Commissioner O'Neill mentioned a phone call received from Bert Cook, Building Inspector concerning a possible wetland violation on East Street. Mr. O'Neill informed the Commission there is filling but is unsure if wetlands are involved. The following motion was made: MOTION: To send a letter to Mr. Vadala, 1264 East Street requesting he come before the Commission to discuss the work being done on his property on August 12 at 7:45 p.m. (Ouellette -O'Neill; all in favor) VOTED Commissioner Bonvie mentioned he telephoned Town Counsel Dwyer concerning the Request for a Determination of Applicability, submitted by Raymond Goddard. Mr. Dwyer mentioned the Town went to court with Leon Grant, Ware Street, and that Bert Cook, Building Inspector has been appointed overseer of the project. He also mentioned that Mr. Grant is in compliance with the wishes of the court (completion of the pond and As -Built plan submitted). The Commission was advised to treat Mr. Goddard's Determination as a standard Determination. - Commissioner Mahoney stated there has been some filling on a lot on West Street (first house on right after I495). Mr. Mahoney was unsure if wetlands are involved. The following motion was made: MOTION: To send a letter to the owner of the lot in question asking he attend the meeting of the Commission scheduled for August 26 to discuss the.work.being done on his roperty. p(O'Neill-Ouellette; all in favor) VOTED MANSFIELD CONSERVATION COMMISSION MINUTES WEDNESDAY, JULY 319 1985 PAGE TWO Request for a Determination of Applicability Raymond E Goddard Mr. Goddard submitted a Request for a Determination of Applicability concerning Mr. Leon Grant's property on 440 Ware Street. Mr. Goddard describes the area as follows: "The owners of the property are, and have for more than three years, using their property for an illegal land fill by removing loam, gravel, sand, peat for resale. And replacing the water with tree stumps, brush, concrete, waste from Compo Chemical excavation, and land clearing operations from parts of Mansfield and Norton. They have removed peat from a 50 ft. buffer zone and have replaced it with tree stumps, etc. which a court order has been issued to restore the buffer zone to its original condition. They do store vehicles in an area that is wetlands which pollution could be a problem in the future." On a plan, Mr. Goddard denotes areas of stockpiled loam, land- fill to rear of garage, destruction to buffer zone and area of vehicle storage. Mr. Goddard is concerned with the demolition of the property and buffer zone of pond. Mr. Grant stated work is being done at present because he was asked to extend the buffer zone. A Request for a Determination of Applicability is submitted to determine if altering of an area is subject to the jurisdiction of the Wetlands Protection Act. Commissioner Bonvie mentioned thatvat this point, there is wetlands on site and work is being done on site. However, the area has altered since his last inspection of the site, and a new inspection would have to be made. It was also noted that the site has altered from the original "Plan of Proposed Pond in Mansfield, MA Belonging to Leon and Patricia C. Grant; Revised date February 25, 1980." Mr. Grant stated he would not allow members of the Conservation Commission to come out andinspect his property. It was felt by the Commission that the Building Inspector and Town Counsel will have to settle the dispute because it was taken out of the Commission's hands by the courts. In view of the conflict at the meeting, and Mr. Dwyer's advice to treat this Determination has a standard Determination, the following motion was made: MOTION: To recess for 15 - 20 minutes until Town Counsel is free to join them from Executive Session. (O'Neill -Mahoney; all in favor) VOTED MANSFIELD CONSERVATION COMMISSION WEDNESDAY, JULY 31, 1985 MINUTES PAGE THREE After the situation was explained to Mr. Dwyer, he said the Commission could not make a Determination unless the site was viewed again. Since Mr. Grant will not allow a reinspection of the site, Mr. Dwyer felt the Commission could not make a Determination and Mr. Goddard would have to appeal to the State. MOTION: The Commission cannot make a Determination, based on Mr. Grant's refusal to allow us on the property, therefore, Mr. Goddard will have to appeal to the State. (O'Neill -Ouellette; all in favor) VOTED MOTION: To adjourn at 9:00 P.M. VOTED (Mahoney -Ouellette; all in favor) The next meeting of the Conservation Commission is August 12. Approved by:— Date to Town Clerk: bjw