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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