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HomeMy WebLinkAboutConservation Comm 06/27/1983MANSFIELD CONSERVATION COMMISSION IKI JUL Z 9 pm �I ( III MINUTES MONDAY, JUNE 27, 1983 ` PAGE ONE Members present: Chairwoman Royle; Commissioners Bonvie, Durbano, Johnson, Sweet and Webb The meeting was called toorder at 7:43 p.m. Minutes of June 13, 1983 MOTION: To accept the minutes of June 13, 1983 with corrections. Ourbano-Webb; all in favor) VOTED Correspondence 1.) Form letter to the Conservation Commission from the U.S. Department of Agriculture, Soil Conservation Service, requesting if the Commission is aware of the published soil survey report for Bristol County, Northern Park (November 1978)• Commission responded they were aware -of- the- -but-felt it was- suful--for overall data and not site specific. (Letter was dated June 16, 198341 2.) Form letter from the MassachusettslAssociation of Conservation Commissions dated June 139 1983 informing local commissions of the proposed DEQE cutbacks in funding for the Wetlands Division, the '_vision of Hazardous Waste and the Wat r Supply Division. A letter, signed by Chairwoman Royle; Commissioners Webb.,: Sweet Bonvie Johnson and Durbano was sent July 1, 1983 to State Representative Wiliam B. Vernon requesting him to do whatever is necessary to prevent the DEQE cutbacks at the legislative level. 3.) May 27, 1983 copy of a letter from Pavao Construction Co., Inc. to William J. Glover, Jr., Fay, S offord & Thorndike, Inc. regarding the Elm Street culvert. Design an`meth d of construction as requested in the Order of Conditions, File No. SE211 yO• 4.) June 14, 1983 form letter from DEQ to the Conservation Commission informing them of the Pre -Adjudicatory Baring, scheduled for June 28 in 'Boston, at the Office of General Counsel, DEQE for Shepard end Nelson. Commissioners Durbano and Webb attended;° the hearing representing the Commission and reported back to Chairwoman Royle at the Executive Session on June 30, 1983, which was held for the purpose of discussing the Shepard and Nelson pond' which may lead to litigation with DEQE. Bonwood Development Corporation.- File No. SE211-92 The Conservation Commission agreed to issue anr:Order of Conditions within 21 days and abutters may appeal, within 10 calendar days from the date of issuance. Please see attached Hearing Summary for detailed information. Cassette tapes of hearing spmmary are on file st the Town Clerk's office. MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JUNE 279 1983 PAGE TWO Leon Grant Pond Development - Ware Street Present at the Leon Grant Pond Development discussion were: Leon Grant; John Dunn, Chairman of the Board of Selectmen; Jack Dwyer, Town Counsel; Bert Cook, Building Inspector; Chairwoman Royle and members of the Commission. Discussion was held with Leon Grant, John Dunn, Jack Dwyer and members of the Commission in hopes of resolving the violations associated with Leon Grant's pond development project on Ware Street. Mr. Grant submitted a letter dated June 27 asking for a renewal of his Order of Conditions, permission to reconstruct the buffer to 50 feet and to complete the pond at the same time, and to eliminate from the Order of Conditions, a control device. Discussion was held for approximately one hour regarding the procedure in which to allow Mr. Grant to correct the violation and complete the pond. --Commissioner-Johnson felt -mat a -Plan -s] the present location of the pond and el of the pond before work continues. Mr, not afford° to submit a plan at the preei submit an as -built. Grant also felt thi necessary because of the surrounding ell pond elevation. uld besubmitted-showing - ation and p?oposed completion rant said that he could t time, but would, however, a control device was not ations were higher than the Chairwoman Royle felt that the legal manner, under the Wetlands Protection Act, in which to complete the pond would be for Mr. Grant to file a Notice of Intent and the Commission to hold a new Wetlands Hearing since the original pond plan is 'different in many respects than what exists on site at present. Town Counsel on the other hand felt that a new Wetlands Hearing Would delay the completion of the ,,pond and the procedure would not be in the beet interest of the Town of Mansfield. Since Mr. Grant is willing to correct the violation and complete the pond, he felt that the Commission should cooperate in any way possible. Commissioners reluctantly agreed to Town Counsel's recommendation, and the following motion was made: MOTION: Two members of the Commission (Commissioners Durbano and Johnson) toimake an on-site visit with Bert Cook, Building Inspector and discuss with Leon Grant the completion of the pond; grant an Extension Permit to August 31, 1983 and request an As -Built Plan be sub- mitted no later than September 30, 1983- As -Built Plan should show water elevation, configuration of pond, location of banks, 50 foot buffer on the Goddard property line, a couple of depth readings in the middle of the pond. Conservation Commission to delete from driginal.Order of Conditions No. 15 that the control device be constructed and instead a natural outflow. (Sweat-Durbano; all in favor) VOTED 'Omission of Tom Coughlin Property -East Street (See end of minutes) MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JUNE 27, 1983 PAGE THREE Correspondence Continued 5.) A request from Kelton 0. Potter Fireside Realty Trust V, dated June 27, 1983, for a Certificate of 6ompliance for Lots 5 and H. Branch Street (File No. SE211-65). An on-site inspection was made by Chairwoman Royle and Commissioner Webb on June 23, 1983. MOTION: To grant a Certificate of Compliance for Lots 5 and H only. (Webb-Durbano-Bonvie abstained; all in favor) VOTED 6.) Copy of a June 20, 1983 letter from Bert Cook, Building Inspector to Leon Grant ordering Mr. Grant to restore the 50 toot buffer on the southerly side by August 31, 1983. Failure to do the order will result in legal action. 7.) June 229 1983 copy of_a letter from Robert Fagan,_DEQE to RonalUBon�e9 & Corporation informing Mr. Bonvie of an on-site inspection scheduled for Tuesday, July 5 to determine if an Extension Permit is.appropriate (File No. SE211-57; Windchimes). 8.) June 24 memo from Town Manager Maurer to Department Heads, Boards and Commissions regarding Capital Improvement requests. 9.) Payroll sheet for hours worked by Barbara Williams as secretary from June 10 to June 22,-19839 totalling 24k hours. (At the request of Town Manager's Office, this payroll sheet was changed to hours work until June 30, 1983, bringing the total to 35 hours.) MOTION: To pay Barbara Williams $98.00 for hours worked as secretary. (Sweet -Durban; all �iu favor) VOTED 10.) June 15 letter from Commissioner Robert Tierney, State Department of Public Works to Cbai woman Royle regarding the Fisher Property. On May 319 the Commission requested JoseVh Zeneski, DPW Director to calculate the acreage from the Assessor s map. On June 27, Chairwoman Royle asked Mr.''Zeneski to calculate the acreage from the State map. Chairwoman Royle received a call from Attorney McIntyre (represents Fishers) and relayed to him the problems of acreage. Attorney McIntyre will be doing the deed preparation. He told Chairwoman Royle that our Town Counsel could do the deed preparation and send a bill to the Fishers. It was decided to talk with Jack Dwyer and see what he decides to do about the deed preparation. The main coneern about this property is the correct remaining acreage. The State feels there is 36 acres remaining the Conservation Commission feels there is 36 across Mr. Zeneski came up with 33.6 acres from the Assessor's map;.and the Assessors came up with 26 acres. A deed cannot be drawn up until the acreage question is settled. MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JUNE 279 1983 PAGE FOUR Kane Property Chairwoman Royle spoke with Commissioner Andrews and he recommended not accepting the Kane'property because of no access through Mansfield. Kane is willing to give access through Easton. Concerns raised were: payment of the outstanding $343. tax bill; and whether or not to ask Kane to pay for deed preparation. Commissioner Webb agreed to call Kane and discuss the problems with him. Last communication with Mr. Kane was the on-site inspection. Chairwoman Royle mentioned she would talk with Jack Dwyer and discuss over the matter with him. MOTION: To accept the Kane Property. (Webb -Johnson; all in favor) Boy Scouts send a letter -to The Sun Chronicle explain in Camporee and send their apologies. The area They also called John Duan, who walked the a area was cleaned up and 'looks good. The Com with John Dunn and it is alright for them to Hatheway»Patterson It was agreed to invite Mr. William E HaynE Patterson to discuss the future oonstructioi of Howe Street at the next Commission meetii 8:30 p.m. It was also agreed that Karl Drot .be invited to the meeting at 8:00 p.m. to g� background information on his latest eorrea1 and Patterson. The Commission's main honcpJ violation. `The Board of Health and DEQE'are Up of the ground water pollution problem. Rt 140 Draime ,Problem VOTED t happened at the been cleaned up. and he said the on is in agreement the letter. s:of Hathaway and of his property off g on July 11 at a, Health Aggent, we the Commission ondence with Hathaway a is the wetland involved with the clean Commissioner Durban reported that he.spoke with the State and that their plans do not call for any rip -rapping along the ditch. A letter will be sent to Allen Willis informing him of our contact with the State (Bob Hilberg, Resident Engineer), and that if he can show us a plan that calls for rip -rapping, the Commission will send a letter to DPW citing the plan. MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JUNE 27, 1983 PAGE FIVE West Street Land Plaque This account has $200. in it according to the Town Accountant. Question raised,does it belong to Conservation? If it is not claimed the money will go into the General Fund, Chairwoman Royle will checked into the matter. MOTION: To adjourn. (Bonnie-Durbano; all in favor) VOTED Date of the next meeting of the Conservation Commission will be July 11, 1983. Approved by Date to Town Clerk V p i 'Tom Coughlin Property - East _Street Leon Grant informed Commissioners that sloping, adjacent to the wetlands, on on East Street. This area was in viol siltation into the wetland area. A le Mr. Coughlin stating that the Commisai Permit after the slopes are stabilized no longer exists. he has completed the re- om Coughlin°s property tion due to erosion and ter will be sent to n will issue an Extension with seeding and erosion MOTION: To accept slopes as done by Leon Grant and that an Extension Permit will be granted after the slopes are seeded and stabilized. (Durbano-Sweet;all in favor) VOTED bjw