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HomeMy WebLinkAboutConservation Comm 03/25/1985\V L L1 4 1985MANSFIELD CONSERVATION COMMISSIOPT ' MINUTES MONDAY, MARCH 25, 1985 TOWN CLERKJPAGE ONE Members Present: Chairman Durbano; Commissioners Cheney, Graham, O'Neill and Sweet The meeting was called to order at 7:32 p.m. Minutes of March 39 1985. MOTION: To accept as written. (Cheney -Sweet; all in favor) VOTED Correspondence 1. Request for a Determination of Applicability for Ronald Bonvie. 2. U.S. Department of the Interior Wildlife Service Questionnaire. 3. March 6 letter from the Southeastern Regional Planning and Economic Development District to the Office of Environmental Affairs regarding the Great Woods Performing Arts Center. 4. Planning Board Minutes of February 23 and 27, 1985. 5. Habitat Institute for the Environment regarding habitat courses. 6. Extension Permit issued to The Bonwood Company, File No. SE211-92 by the Department of Environmental Quality Engineering. 7. Order form for an Environmental Handbook for Massachusetts Conservation Commissions -- $5 per handbook. Commissioners agreed to send for one handbook. Filing Receipts at Registry of Deeds Commissioner Sweet felt the Commission should be responsible for filing the receipts on the Order of Conditions at the Registry of Deeds for Bristol County. A telephone call will be made to the Registry to confirm if receipts can be filed through the mail and who the check is payable to. MOTION: That the Commission require the applicants to pay the filing fee with a check payable to the Registry of Deeds for the Order of Conditions and the Conservation Commission will mail to the Registry. (Cheney -O'Neill; all in favor) VOTED MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, MARCH 25, 1985 PAGE TWO Kelton Potter - Old Elm Street File Nos. SE211-112 - 211-114 As requested by the Commission, Kelton Potter, Fireside Realty Trust V, appeared before the Conservation Commission to discuss his plans for Old Elm Street. The Order of Conditions for File Nos. SE211-112 -114 were issued on June 29, 1984. The Commission's concern was the re- routed stream which may have been blocked for a period of time. Commissioner Sweet mentioned there has been flooding behind the lots and the culvert was blocked off. Mr. Potter said when the weather broke, the stream and culvert would be completed. Mr. and Mrs. Joseph Duggan also were in attendance at the meeting. Mr. Duggan purchased the home on Lot 12 Old Elm Street without knowledge that the Order of Conditions must be filed with the Registry of heeds and until a Certificate of Compliance is issued, he would be unable to sell his property. He was apprised of the situation by Chairman Durbano. Mr. Duggan will be informed when a Certificate of Compliance is issued to Mr. Potter. MOTION: To lift the Cease and Desist Order issued to Kelton Potter on!February 12. (Cheney-O'Neill;.all in favor) VOTED Wetlands Protection Act Hearing ,The Broderick Corporation;oSE211-125 A Wetlands Protection Act Hearing was held on the Notice of Intent dated February 14, 1985 for The Broderick Corporation..on Lots 7, 8A and 9A9 Riverside Drive. Proposed grading for dwellings is within 100 -foot buffer zone. A copy of the hearing summary, and tape will be filed with the Town Clerk. Town Counsel_ regarding Doug Titus Jack Dwyer came before the Commission to discuss briefly the situation on 1030 and 1036 East Street, land formerly ovned by Kelton Potter and later purchased by Doug Titus. Mr. Titus wishes to build two homes on the lots. Past dealings with Kelton Potter concerning these lots was dealt with by Charles Mulcahey. Chairman Durbano briefly gave the history of these two lots. Mr. Dwyer stated he would contact Mr. Mulcahey and check if the Order of Conditions were filed at the Registry of Deeds. Chairman Durbano asked Mr. Dwyer if the Order of Conditions could be dismissed (Order required Kelton Potter to remove the illegal fill) even though the Order is technibally'-still in effect. Mr. Dywer also stated that Kelton Potter could not hold the Conservation Commission liable. Ib was felt that if the Order MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, MARCH 25, 1985 PAGE THREE of Conditions were filed at the Re5istry of Deeds it would go with the land and the new owner responsible. If it was not filed, then the new owner could plea d ignorance. Mr. Dwyer will check into the matter further. Doug Titus - East Street Determination of Applicability Mr. Titus came before the Conservation Commission with a second Request for a Determination of Applicability. His first request was denied by the Commission due to a court order on the two lots. Mr. Titus wants to build two houses and subsurface sewage disposal systemson 1030 and 1036 East Street. Proposed work is within 100 feet of a Bordering Vegetated Wetland. Abutters present (Mrs. Souza and Mr. and Mrs. Cahill) felt the lots should be declared unbuildable due to flooding problems. Mrs. Souza denied Mr. Titus' request to run a drainage pipe through her property to help alleviate flooding in the area. Mr. Titus stated that by building these two homes no more flooding conditions would occur. He mentioned the water problem has been there for years. Mr. Titus also stated he plans on putting in no additional fill. 'After discussion, a positive determination was made. Positive Determination No. 2 states that a Notice of Intent will be required because said work alters an area subject to protection. This Determination was made based on photographs and long-time residents of the area that this area seasonally floods and also based on a decision previously made by the Mansfield Conservation Commission (File No. SE211-67;Kelton Potter). Positive Determination No. 3 states that a Notice of Intent will be required because said work is within the buffer zone as defined in the regulations. The following motion was made: MOTION: To make a Positive Determination No. 2 and No. 3 based on seasonal flooding and within the 100 -foot buffer zone. (Sweet -Graham; Cheney opposed O'Neill opposed) VOTED Mr. Paul Folkman 168 and 179 Winter Street Mr. Paul Folkman came before the Commission with a request to modify his Order of Conditions for 168 and 179 Winter Street (File No..SE211-115) by adding a catch basin.. Mr. Folkman was requested by the Department of Public Works to add this catch basin. New proposal is to put in catch basin then pipe to the back with stone rip -rap into the brook, crossing the street and eventually leading to Whiteville Pond. Proposed plan will be approved by the DPW. RIM Engineering Company will change invert of pipe. A 20 -foot easement will be given to the town. MANSFIELD CONSERVATION COMMISSION MONDAY, MARCH 25, 1985 MOTION: To accept proposal as an amendment to the original Order of Conditions. (Cheney -O'Neill; all in favor) A new plan will be submitted by Mr. Folkman. Cabot. Cabot & Forbes MINUTES PAGE FOUR VOTED In attendance from Cabot, Cabot & Forbes: Vernon Johnson, David Grant and Paul Dalton; John Crowe, Crowe Associates; and Brian Bernier, representing client. The above representatives met with the Commission to discuss the relocation of a brook. They propose to build a large distribution office and training center on a 20 -acre site. The original plans date back to 1971. At that time a master drainage system was installed and relocation of a brook on the site being considered was made. A Certificate of Compliance has been issued for the general master plan. Mr. Crowe stated they would like to relocate the former Hodges Brook. At present there are defined banks with water running most of the way with two Bordering Vegetated Wetlands adjacent. They would like to relocate the new brook, which was formerly Hodges Brook. It was felt this brook was started again because of watershed and groundwater flow. The building they propose will cover approximately 1009000 sq. ft. with room for expansion. An inspection will be made by Commissioners on Saturday, March 30. Filing,Receipts at Registry of Deeds MOTION: To send a letter regarding -the outstanding filings that if the Order of Conditions have not been filed within 14 calendar days a new hearing shall be required. (Cheney -O'Neill; all in favor) VOTED MOTION: To adjourn at 10:50 p.m. (Cheney -O'Neill; all in favor) VOTED The next meeting of the Conservation Commission is Wednesday, April 10, 1985, n // Approved by: Date to Town Clerk:_ 5 bjw