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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:_
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