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HomeMy WebLinkAboutConservation Comm 11/28/1983i : MANSFIELD CONSERVATION COMMISSIINUTES MONDAY, NOVEMBER 289 1983 PAGE ONE TOWN CLERK Members present: Chairwoman Royle; Commissioners Bonvie, Durbano and Malay The meeting was called to order at 7:50 p.m. Minutes of October 17, 1983. MOTION: To approve the minutes of October 17 with corrections. (Durbano-Malay; all in favor) VOTED Minutes of October 249 1983. MOTION: To accept the minutes and attachments of October 24 with corrections. (Durbano-Malay; Bonvie abstained) VOTED Executive Session Minutes of October 24, 1983. MOTION: To accept the Executive Session Minutes of October 24 as written. (Malay-Durbano; Bonvie abstained) VOTED Correspondence 1. November 17 bill from the Massachusetts Audubon Society for seven Guides to Inland Water Plans for $8.00. MOTION: To pay the bill. (Durbano-Malay; all in favor) VOTED 2. September 13 bill from Keefe and Keefe for appraisal services for $150., to be paid from the General Land Acquisition Fund. MOTION: To pay Keefe and Keefe $150. (Durbano-Malay; Bonvie abstained) VOTED 3. November 14 letter from the Conservation Commission to Robert T. Tierney, Commissioner, Massachusetts DP'J regarding the I-495 takings. MOTION: To send a copy of the above to William Vernon regarding the 1-495 land takings and the proposed footbridge over 495. (Durbano-Malay; all in favor) VOTED MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, NOVEMBER 289 1983 PAGE TWO 4. November 22 letter from DEQE to Compo Industries (File No. SE211-94) issuing a Superseding Order of Conditions for the project located on Branch Street. 5. Copy of a Certificate on Environmental Notification Form dated November 7 regarding the Creeden Street Lots.(Bonwood). It states that the project does not require an Environmental Impact Report. 6. November 22 copy of a letter from Stephen Smith, Southeastern Regional Planning and Economic Development District ( SRPEDD) to James Hoyte, Executive Office of Environmental Affairs regarding the Mansfield Airport Commission --Land Acquisition for Approach Protection at the Mansfield Airport. 7. Environmental Notification Form from the Massachusetts Aeronautics Commission regarding the Land Acquisition for Approach Protection at the Mansfield Airport. Commissioner Durbano has reviewed this form and felt no comments were necessary. There will be no construction on the 17 acres to be purchased. 8. MACC Bulletin. 9. Planning Board Minutes. 10. Notice from Zoning Board of Appeals regarding their December 6 scheduled meeting on the application of Dennis Sternligbt of 43 Lantern Lane. 11. November 28 request from Kelton 0. Potter (File No. SE211-65) for a Certificate of Compliance for Lot G. Branch Street. MOTION: To issue a Certificate of Compliance to Kelton 0. Potter, specifically for Lot G only, contingent upon inspection by Commissioner Durbano. (Bonvie-Malay; all in favor) VOTED 12. November 14 request from Thomas J. Coughlin for a Certificate of Compliance (File No. SE211-74) for East Street. MOTION: To issue a Certificate of Compliance to Thomas Coughlin. (Durbano-Malay; all in favor) VOTED MANSFIELD CONSERVATION COMMISSION MONDAY, NOVEMBER 28, 1983 MINUTES PAGE THREE 13. November 16 letter from the Mansfield BMX Parents Association regarding the BMX Track on Maple Street. They are requesting to be placed on the agenda for December 12 to present a formal proposal for the expansion of the BMX Track. (A copy of this letter will be sent to Paul Split, Recreation Director.) 14. Shirley MacPhee of the Assessor's Office sent a copy of an Assessor's map showing house numbers for land donated by Russell Christian on Lantern Lane. 15. November 15 memo from Town Manager Maurer regarding the Budget Review. Chairwoman Royle attended the meeting on November 28. 16. November 14 letter from Town Counsel Dwyer responding to our question on whether a two-thirds or a majority vote is needed to amend the general by-laws of the town. Town Counsel felt that under Section 48 of the Roberts Rules a vote to amend would require a two-thirds vote. 17. Massachusetts Housing Agency phamplet. 18. November 8 letter from Director Joel A. Lerner, Division of Conservation Services sending information on the Self -Help program. Richard Staples - Eastland Estates Preliminary plans were presented to the Conservation Commission by Richard Staples for Eastland Estates, East Street. On November 21 a Cease and Desist Order was issued to Mr. Staples after an inspection was made by the Commission. This Cease and Desist was issued because the Commission felt there was construction in a possible wetland area. Chairwoman Royyle spoke with the Health Agent and he stated that Lots 6, y, 10, 11, 22 and 23 failed the perk tests. Mr. Staples stated that Lots 10, 11 and 22 did fail and he felt the material was adequate but the ground water was high. Mr. Staples also feels that we have had an unusually wet season. Mr. Staples mentioned that Ralph Maloon, RIM Engineering, may possibly be proposing a different drainage system using Lots 10 and 11 for a retention area. Plans will be presented to the Planning Board this week for their consideration. If the Planning Board approves the plans, Mr. Staples would like to continue the cutting of trees and the E' construction of the road. Chairwoman Royle told Mr. Staples MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, NOVEMBER 28, 1983 PAGE FOUR Richard Staples Continued not to work in the area until he files for a hearing. If the area is not a wetland, it is considered to be land subject to flooding. Mrs. Rpyle also asked him to let the Conservation Commission know the results of the Planning Board and then return to the Commission with Mr. Maloon if the plans have been approved by the Planning Board. Mrs. Margot Jellinek Mrs. Jellinek raised a question pertaining to the ground water level problem a resident is having. This person (no name given) bought a home in Magna Vista built by Mr. Boutas of Home Developers, and there is flooding in his basement. Mrs. Jellinek felt that the Conservation Commission should have given their consent before any construction was started. It was stated to Mrs. Jellinek by Chairwoman Royle and Commissioner Bonvie that the Conservation Commission has no jurisdiction over ground water. Ground water.3an ke two inches from the surface and not necessarily be const ere a wetland. Leon Grant After a conversation with Jack Dwyer, Town Counsel, Chairwoman Ro le and members of the Commission again agreed that court ac ion was necessary to reach results with Leon Grant. Bert Cook, Building Inspector, in a letter dated October 5 to Mr. Grant, gave him two weeks to submit an As -Built plan. Mr. Grant was to have the work completed on the pond by August 31. In view of the fact that he did not submit an As -Build or finish the pond, court action was agreed to if Town Counsel deemed it necessary. After a brief discussion, members of the Commission agreed to send a memo to the Board of Selectmen requesting an Executive Session with the Board, the Building Inspector and Town Counsel to discuss Mr. Grant's pond and to reach a final decision in the matter. Great Woods Curriculum, School System Spencer Kelly, Assistant Principal of the High School presented the Great Woods Curriculum to the School Committee on November 15. Members of the School Committee agreed it was a good idea. In"the spring, for an in-service day, teachers will have a discussion with the Audubon Society on the uses of natural resources. MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, NOVEMBER 28, 1983 PAGE FIVE Fisher Parcel After a brief discussion as to the progress being made in obtaining the Fisher parcel, a motion was made to send a letter to Attorney McIntyre requesting a copy of the proposed Form A plan and adjoining deed with legal description so that we may proceed with our Title Search. MOTION: To send a letter to Attorney McIntyre requesting a copy of the proposed Form A plan and adjoining deed with legal description so that we may proceed with.vur Title Search. (Bonnie-Durbano; all in favor) VOTED Eagle Scouts Chairwoman Royle received a call from Michael Dorothy, Eagle Scout, inquiring about projects. Suggestions made by the Commission were stream cleaning of the Rumford River, or cutting trails. Mrs. Royle mentioned that the Town may be buying seedlings in the spring. Town Manager Maurer suggested the Boy Scouts could do some of the planting. MOTION: To adjourn at 10:05 p.m. (Bonnie-Durbano; all in favor) VOTED The next meeting of the Conservation Commission will be December 12 ,1983. Approved by: Date to Town Clerk: bjw