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MANSFIELD CONSERVATION COMMIS I QWN CLERK MINUTES
MONDAY, SEPTEMBER 12, 1983 PAGE ONE
Members present: Chairwoman Royle; Commissioners Durbano,
Johnson, Malay, Sweet and Webb`
The meeting was:called to order at 7:40 p.m.
Minutes of August 22, 1983.
MOTION: To accept the minutes of August 22,
1983 with corrections.
(Sweet-Durban , Malay abstained; all in favor)
VOTED
Minutes of August 8, 1983.
MOTION: To accept the minutes of August 8,
1983 as written.
(Durban-Johnson; Malay abstained; all in favor)
VOTED
The hearing summary of.-August 22, 1983 for Edward Tartufo was,
accepted by members of the 'Commission with corrections. The summary
will be filed in the Town Clerk's office.
Chairwoman Royle and members of the Commission welcomed -
David Malay-66 the new Commissioner.
Correspondence
1, September 6 memorandum from Town Manager Maurer stating he
could ,not recommend to the Board of Selectmen'or the Finance
Committee our request for a transfer of funds for a new
file cabinet.for,$125.
2. September 7'memorandum from Joseph Mannarino, Planning Director
to the Commission requesting our review and comments on the
proposed tourist camp-to be located on Branch Street proggsed
by the Bonwood:Corporation.
Chairwoman Royle walked the site with Chairwoman venatossio and
Joseph Mannarino of the Planning Board. The proposed tourist
camp would have'to be entered into by crossing the Back Bay Brook,
and it is to consist of 300 condominium campsitesy softball field,
indoor/outdoor swimming pools and tennis courts. Under the new
Wetlands Act, a wetlands hearing would not have to be held for
crossing a brook. Therefore, the following motion was made:
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, SEPTEMBER 12, 1983 PAGE TWO
MOTION: Due to the fact that Mr. Bonvie, Bonwood
Corporation, would have to cross a brook
he will have to file a Request to
Determine with the Conservation Commission.
(Webb -Johnson; all in favor) VOTED
3. Notice on the Aquifer Lend. Acquisition Program application
period. This notice will be sent to the Planning Director.
4. September 6 letter from Attorney James L. McIntyre to
Town Manager Maurer concerning the sale of the Wuth/
Fisher property.
Chairwoman Royle received a call from Attorney McIntyre
suggesting four points. They are:
1.) Will the Town of Mansfield/Conservation Commission
accept the deed they have now minus the six acres
to be retained by the Fishers regardless of how
many acres are remaining? It was agreed by the
Commission to accept the deed for the Fisher parcel
as is, minus the six acres. It was aiso agreed
that a request be made to have the Fishers survey
the six acres as soon as possible so that the
Conservation Commission can proceed to delineate
whatever amount of acreage is remaining.
2.) Subdividing the.entire parcel to extract the six
acres. The Commission feels this is a Planning
Board matter, and it was suggested to Mr, McIntyre
that he contact the Planning Board.
3.) Is the Commission planning on dof►g a title search?
The Commission was unable to reach a decision con-
cerning a title search. It was 'agreed to meet:iw#h
the Great Woods Study Committee at the next meeting
to discuss this matter.
4.) That there be a clause in the deed to read that
the property is to remain for conservation purposes
only. The Commission was in full agreement with
this point.
It was agreed to send a letter to Attorney McIntyre confirming
the telephone conversation when he presented the four points,
and to address these points and our responses in writing.
MANSFIELD CONSERVATION COMMISSION
MONDAY,_ SEPTEMBER 129 1983
MINUTES
PAGE THREE
5. August 31 letter from Gilbert A. Bliss, Director of Forests
and Parks, Department of Environmental Management to the
Commission in response to our inquiry for information on
forestry management practices and the use of herbicides
and pesticides. (Chairwoman Royle received a call from
Daniel Perrin, Service Forester, who agreed to come to
the next meeting of the Commission to discuss Chapter 61
of the Forest Tax Law.)
6. August 25 letter from Louise Lawrence, District Administrator
Bristol Conservation District to the'Commission',responding
to our letter for information on elm trees and their
survival rate. (Questions concerning the dutch elm disease
will be raised to Forester Perrin when he attends our next
meeting.) -
7. Whitman and Howard letters concerning the Michael -Angela
subdivision in Foxborough Commissioner Tohnson will
respond on behalf of the',Commission.
8. August 22 form letter from DEQE to Bonwood Development
Corporation informing them of an inspection to be made
on September 8 at 10:00 a.m.
9. Copy of a letter from Richard Roach, Regulatory Branch,
New England Division, Corps of Engineers ;to Mr. Leon Grant
concerning the unauthorized fill on his property on Ware
Street. It states that a representative will be inspecting
his property to insure that it has been brought into
conformance with Federal Law.
10. Letter from DEQE informingus of the file number given
to Edward Tartufo's file SE211-93)•
11. Balance sheet for the period ending July 31, 1983.
12. Planning Board minutes.
Order of Oonditions-Edward Tartufo (File No. SE211-93)
After a brief discussion, -it was agreed by members of the Commission
to issue the following special conditions to the Order of
Conditions for Edward Tartufo:
1. Work shall be performed in the dry to prevent erosion and
siltation during construction.
2. The ditch at the four head walls shall be rip -rapped for a
distance of five feet. The rip -rap shall be of a sufficient
size to prevent its movement during peak flow.
MANSFIELD CONSERVATION COMMISSION
MONDAY, SEPTEMBER 129 1983
MINUTES
PAGE FOUR
3. Haybales shall be used to prevent siltation to Hodges
Brook during construction in the event of a flash storm.
MOTION: To issue three Order of Conditions
as stated for File No. SE211-93 for
Edward Tartufo, along with the boiler
late.
p(Sweet-Durbano; all in favor) VOTED
Kane Property
Chairwoman Royle received a call from Mr. Kane who was concerned
about the status of the transfer of his gift of land to the
Commission. Mrs. Royle stated to him that she felt that access
through the driveway was not a viable access for conservation
1&nd... She also mentioned to him that our :title search really
did not come up with anything. Mr. Kane stated he would be
willing to have his lawyer review the title search. The
main concern of the Commission is -access to the land. Commissioner
Durbano stated that Mr. Kane was willing to give access through
Easton. It was agreed by members of the Commission to send
Mr. Kane a letter enclosing copies of 'coprespondence between
the Commission, himself and Town Counsels and 'a 'copy of the
title search. The letter will state that the Commission is
aware of his offer of access through his property in. -Easton and
that questions remain designating the metes and bounds of
pI
rcels 6, 7, and 8 for the purpose of deed preparation.
Commissioner Webb agreed to check into the problem of overdue
taxes on the property for 1982. It was stated that there won't
be a clear title until the taxes are paid.
Results of Inspections
orner`Old Elm and School Street
An inspection was made by members of the Commission and it was
agreed there were no wetlands on the site.
Tremont Street
An inspection was made and it was determined there were no
wetlands on the site.
Call from Clifford Vacirca
Chairwoman Royle received a call from Mr. Vacirca and he stated
he received a call from Leon Grant. Mr. Vacirca will be making
an inspection of Grant's property to be sure Mr. Grant has cleaned
up the area,as he stated he did, and he will be taking airiel
pictures. Copies will be sent to the Conservation Commission.
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, SEPTEMBER 129 1983 PAGE FIVE
Leon Grant
Chairwoman Royle received a call from Leon Grant and he stated
that on the old pond, there is a 35 foot buffer and on the new
pond there is a 50 foot buffer from the abutters. However, he
did not finish the pond due to possible harm to the fish.
Commissioner Durbano inspected the site and stated that an
area does remain on the buffer to be only 35 feet and that
there has-been absolutely no work done on the pond to complete
it. Due to the fact that Mr. Grant was to have all work done
by August 31;,.19839 it was agreed to issue the following motion:
MOTION: To send a letter to Jack Dwyer,
regarding Leon Grant's pond, to
start court action.
(Durban -Johnson; all•in favor) VOTED
Christopher Curvin
Chairwoman Royle received a call from Mr. Curvin who stated
that he had a backhoe adjacent to the stream and was digging
out the stream for the purpose of watering his.chickens, ducks
and geese. He was digging out the stream to 12 feet wide
and 1 to 2 feet deep. Mr. Curvin asked that the Commission
not view his property until his attorney returns from
vacation, and that this was a one-time project. 'Therefore, the
following motion was made:
MOTION: The Conservation Commission feels at
this time that an inspection isnot
necessary due to the fact that the
activity has been completed and it
appears to have been for, agricultural
(urposes.
Durban -Webb; all in favor) VOTED
Chairwoman Royle was informed that two houses were being built
on Canoe River Drive and that there might be a possible violation
of the Wetlbnds Act. Commissioner Durban inspected the area in
question and found no wetlands.
Chairwoman Royle visited the area in question across from the
airport and determined there was no wetlands.
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, SEPTEMBER 12, 1983 PAGE SIX
Rwiwood Corporation - Creeden Street
Chairwoman Royle received a call on September 1 from Paul Folkman,
developer for Creeden`Street. Mr. Folkman asked permission to
out trees beginning on the first two lots behind the Mansfield
Credit`:Union. This'area is beyond, 100 feet ofcany`wetlands.
Mrs. Royle felt he could out trees since it was out of the
Jurisdictionof the-Conservation,Commission. .III his conversa-
tion with Mrs. Royle, Mr.,Folkman mentioned that he would be
willing to construct a ditch to relieve the concerns of the
abutters. Mrs. Royle.oautioned him that;no work involving
wetlands could proceed until the appeal.process,is,.completed.
by; DEQE.
On September 8, Chairwoman Royle made
Street with DEQE Engineer Elizabeth K
(Creeden; Street), Ronald Bonvie and b
Chairwoman Royle asked DEQE Engineer:
the Orders issued by . he Commission a
they were reasonable and that the wet
reeonstructed.in'the retention area]
,RontBonvie'and Elizabeth Kouloheras.w
constructing a ditch on Creeden Stree
that ;-this water would eventually go i
on Creeden
a,
ag
no •va.Lues wouiu oe
iscuasion between
that 'he would ;consider
to handle runoff and
o-the,proposed.retention
Sturdv Memorial -Hospital - Certificate of Compliance (File #SE211-79)
After a brief discussion, it was agreed that -Commissioners -Webb
and Durbano would make an inspection on September 14 before a
Certificate of Compliance be issued.
Cabot. Cabot & Forbes - Certificate of Compliance (File ,#SE211-81)
It was agreed by members of the Commission that before a
Certificate of�Compliance be issued, Commissioner Johnson
would make an inspection.
Karl D. Clemmev - Extension Permit (File #SE211-33)
It was agreed by members to grant an extension permit to
Karl D. Clemmey to complete drainage and final grades for
his project located on West Street.
MOTION: To give Karl D. Clemmey the extension
for one year; File No. SE211-33-
(Durbano-Webb; all in favor) VOTED
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, SEPTEMBER 12, 1983 PAGE SEVEN
HPC Realty Trust
Mr. William E. Haynes of HPC Realty Trust was ordered by the
Commission to remove unsuitable materials in a wetland area
adjacent to the Clemmey Tank Company by August 31, 1983.
Mr. Haynes was directed to contact the Commission by letter
when the material was removed. No contact by Mr. Haynes has
been made, therefore, the Commission agreed to send a letter
to Mr. Haynes stating they will be inspecting the site on
Monday, September 19.
Mark Audet - Bird Road
On July 25, 19839 Mr. Audet was
Commission to fill out a Notice
submit it to the Commission no
in regards to a wetland violati
a gravel road over a stream and
Mr. Audet has not filed a Notic
date. The Commission agreed to
extending the period to Septemb
must file with the Commission.
Capital Improvements
ordered by the Conservation
of Determination form and
ater than August 319 1983
n due to the construction of
the piping of that stream.
of Determination as of this
send him a follow-up letter
r 309 1983 at which time he
Commissioners agreed to submit under 'Capital Improvements
for land acquisition, Canoe and Wading 'River Greenbelts, the
following: '$5,000 per year for 1984-1986 and $10,000 per
year for 1987-1989, a total of $45,000 for 1984 to 1989.
'Commissioner Webb leaves for the evening at 10:10 p.m.
MOTION: To adjourn the meeting at 10:30 P.m -
(Johnson -Sweet; all in favor) VOTED
The next meetin5 of the Conservation Commissibn:::will be
September 26, 1983.
Approved by�
Date to Town Clerk
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