HomeMy WebLinkAboutConservation Comm 06/24/1985MANSFIELD CONSERVATION COMMISSION
MONDAY, JUNE 24, 1985
MINUTES
PAGE ONE
Members Present:
Chairman Durbano, Commissioners Graham,
Mahoney,
Ouellette, O'Neill and Sweet
The meeting was
called to order at 7:30 p.m.
Minutes of June
3, 1985
MOTION:
To accept as written.
(O'Neill -Mahoney; all in favor)
VOTED
MOTION:
To amend the consideration of Blake's Pond
for the Clean Lakes Program since there
is
no public access.
(O'Neill -Ouellette; all in favor)
VOTED
MOTION:
To amend our motion to delete Blake's
Pond from the minutes of June 3, 1985 -
(O'Neill -Ouellette; all in favor)
VOTED
MOTION:
To pay Bristol Office Supply in the
amount of 025.56.
(Sweet -O'Neill; all in favor)
VOTED
Correspondence
1. Information from the Commonwealth of Massachusetts regarding
the destruction of microfilm records.
2. Notice of Intent for Tree Cutting on land owned by Carl Kane
on Stearns Avenue.
Town Counsel Dwyer
Town Counsel Jack Dwyer met with members of the Commission to
offer his opinion concerning the request of Doug Titus to build
on two lots on East Street. Mr. Dwyer reviewed the history of
the property formerly owned by Kelton Potter, who purchased the
property from Mr. Titus sevral years ago. Mr. Dwyer stated that
Mr. Titus was aware of the background of the lots, which at the
time he owned them were deemed unbuildable. After Mr. Potter
purchased the property from Mr. Titus, he put in illegal fill
to make the lots buildable. Mr. Potter was ordered to remove
the fill and did not. In a foreclosure sale, Mr. Titus repurchased
the property. Mr. Dwyer stated Mr. Titus was not an innocent
purchaser without any previous knowledge of the property.
Chairman Durbano stated that Mr. Titus mentioned to the Commission
he was aware of the background of the lots. Town Counsel also
MANSFIELD CONSERVATION COMMISSION
MONDAY, JUNE 24, 1985
mentioned certain papers were not filed with the Registry of
Deeds, then they would not run with the land, and they would
not show up in a Title Search. The court order from the
Superior Court and the Order of Conditions were not filed
at the Registry of Deeds. Mr. Dwyer, in his opinion, felt
since the property was repurchased by the same person who he
himself could not build on the property and was aware of
the illegal filling, he felt the property could not be built
upon. The court order against Mr. Potter was dropped in
March 1984.
Request for a Determination of Applicability
Robert G. Moore
Mr. Robert Moore proposes to construct a dwelling on Lot 274
Oak Street within 100 feet of Hodges Brook. No filling of
wetlands are planned. Mr. Cap=igro, representing Mr. Moore,
stated they were not in receipt of a Board of Health plan
yet. Chairman Durbano suggested the meeting be continued
until July 8 at which time revised plans could be presented
showing elevations and topography. The plans should also
define edge of wetlands and the 100 -year flood plain.
Mr. Caponigro agreed to continued the meeting.
MINUTES
PAGE TWO
MOTION: To continue meeting until July 8.
(O'Neill -Ouellette; all in favor) VOTED
Correspondence Continued
3. Advertisement from Weston Geophysical Corporation on
Ground Water Exploration and Development.
4. Copy of June 14 letter from Deputy Commissioner Tunney Lee,
Division of Capital Planning and Operations, Office of Real
Property to Acting Town Manager Joan Cutillo informing her
that the State is transferring approximately 88.7 acres of
surplus State property to the Conservation Commission pending
clarification of access to parcel 2.
5. Planning Board Minutes of May 29 and June 12.
Certificate of Compliance
Inncorp - SE211-86
MOTION: To issue a Certificate of Compliance
for File No. SE211-86 dated September 13,
1982.
(Graham -Sweet; all in favor) VOTED
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, JUNE 241 1985 PAGE THREE
Site Plan Review — Camelot Subdivision
A Notice of Intent will have to be filed. It was noted that
the culvert under Old Elm Street is in bad repair. If drainage
from the proposed subdivision is going to Old Elm Street, the
culvert will have to be repaired.
Wetlands Protection Act Hearing
Nissan Motor Corporation - SE211-
A Wetland Protection Act Hearing was held on a Notice of Intent
dated June 10, 1985. Proposal is to relocate an intermittent
stream for the purpose of constructing a building and parking area.
See attached hearing summary. The hearing closed, but an Order
of Conditions will not be written until a file number is received
from the State.
Order of Conditions - SE211-129
Douglas L. Titus
Considering Mr. Dwyer 's opinion and the condition of the land
as it is today, the Conservation Commission agreed to deny the
project. The following special conditions were written:
The Mansfield Conservation Commission has determined that this
is an Isolated Area Subject to Flooding based upon testimony
given at the public hearing.
1. This area was originally illegally filled by the previous
owner and the fill was required to be removed under an
Order of Conditions (File No. SE211-67).
2. No compensatory storage was provided for proposed additional
fill as required by Section 10.57:4b, Paragraph 1, which
states: "A proposed project in Isolated Land Subject to
Flooding shall not result in the following: 1. Flood damage
due to filling which causes lateral displacement of water
that would otherwise be confined within said area."
3. Under previous filing (File No. SE211-69), no compensation
was provided for filling. Compensation shall be required
for the previously added fill or fill shall be removed
and the land shall be returned to its original condition.
The top soil shall be replaced with vegetation planted to
stabilize it.
MOTION: To issue the Order of Conditions
as written for File No. SE211-129.
(O'Neill -Ouellette; all in favor) VOTED
MANSFIELD CONSERVATION COMMISSION MIITUTES
MONDAY, JUNE 249 1985 PAGE FOUR
Order of Conditions - SE211-130
Ronald Webster
After a brief discussion, the Orders were written as follows:
1. The discharge from the end of the proposed pipe shall be
rerouted temporarily to pick up existing stream on the
southerly side and a plan shall be submitted for the
rerouting prior to construction.
2. A temporary compensation area shall be excavated according
to the Revised Plan dated June 17, 1985 for File No. SE211-92.
3. Upon completion of The Bonwood Company project (File No.
SE211-92; Revised Plan dated June 1'7, 1985), the pipe
shall discharge according to the plan submitted in this
filing.
4. Appropriate siltation controls shall be constructed prior
to the commencement of work.
5. The proposed piping and temporary drainage shall be relocated
prior to any construction of the building or parking area.
MOTION: To issue the Order of Conditions
was written for File No. SE211-130.
(O'Neill -Sweet; all in favor) VOTED
A letter will be sent to Ronald Bonvie, The Bonwood Company
requesting he formally submit the Revised Plans for File No.
SE211-92.
MOTION: To adjourn at 10:10 p.m.
(Graham -Mahoney; all in favor) VOTED
The next meeting of the Cons v ion Commission is July 8, 1985.
Approved by: W
Date to Town Clerk:
bjw