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HomeMy WebLinkAboutConservation Comm 09/12/1983ri D [9@[90 19 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 bjw