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HomeMy WebLinkAboutConservation Comm 01/24/1983MANSFIELD CONSERVATION COMMISSION MONDAY, JANUARY 24, 1983 Members present: Chairwoman Dianne Royle, Coms, Doris Webl Anthony Durbano, Stuart Sweet, and Keith The meeting was called to order at 7:35 PM. Minutes: MOTION: To accept the Minutes of January 10, 1983 as wr.' (Sweet - Durbano; all in favor) MINUTES PAGE ONE j C. VOTED Correspondences 1. Legal Notice from the Foxborough Conservation Commission stating that a public hearing would be held on January 18, 1983 on the Notice of Intent filed by Michael -Angela Realty, Inc. As the Michael -Angela Estates is listed on the Agenda for this meeting, it will be further detailed later in the Minutes. 2. December 7, 1982 letter from the firm, Flynn, Kennedy and Marcus, regarding the Canoe River Estates in Sharon. The proposed subdivision was denied by the Town of Sharon, and the denial was appealed by the de- velopers. Enclosed was a response to the complaint prepared by their Town Counsel. Sharon Conservation Commission Chairman Flynn stated that Mansfield would be kept informed of any pertinent information. 3. Copy of a December 16, 1982 letter from the State DEQE to Attorney Healy of the Boston firm, Rackemann, Sawyer and Brewster representing the Canoe River Estates in Sharon, File No. SE280-25, stating DEQE's findings from their On-site inspection, Commissioner Sweet took all the correspondence on Canoe River Estates in Sharon to review for the Com- mission. 4. Copy of a December 14, 1982 letter to Hercules, Inc, from the State DEQE regarding the former Hercules dump site off Stearns Avenue. The State made an inspection in response to complaints from area residents. Due to the poor conditions found by the State, Hercules, Inc, was re- quired to attend a conference on January 21, 1983. The State also recem- mended that they have an engineer knowledgeable in these related areas attend the conference also, 5. December 16, 1982 letter from Robert V. Barbarisi, Superintendent of Schools, listing the names of the School representatives who will be serving on the Program for Conservation Education. 6. December 29, 1982 letter from Marcia White along with a bill for $50.00 to title search the Deed for Carl Kane's property off Stearns Avenue which has been offered to the Conservation Commission. Her fin- dings were that the property does in fact belong to Mr. Kane, and that at one time, all the land in this area was in Easton, which means that further work needs to be done to find out how much of the land is now in Mansfield. Commissioner Sweet will review the data and report back on his findings. 7. Bill from Donna Coady in the amount of $261,85 for 62 hours of sec- retarial services and for office supplies. MOTION: To pay this bill. (Webb - Johnson; all in favor) VOTED 8. November 8, 1982 notice from the E,O.E.A, stating that the Nelson Shepard Pond project does not require an Environmental Impact Report, listing their reasons. 9. Copy of a letter dated January 17, 1983 from Mrs. Margot Jellinek to the E.O.E.A, referencing to their decision on Shepard Pond, and asking MANSFIELD CONSERVATION COMMISSION MONDAY, JANUARY 24, 1983 that they give the project a second look. MINUTES PAGE TWO Clinical Science Laboratories, Inc.: Following an On-site inspection made by the Commissioners on Saturday, January 15, 1982, Clinical Science Labs and their engineer were asked to attend our January 24th meeting to clarify discrepancies as to ponding water found on-site, The Commissioners found water to be at, or near surface at the majority of the site, with many ditches filled with water. Both Mr. Carter and Mr. Guerriere of the En- gineering firm Guerriere & Halnon explained that due to the fact that the land is so flat and does not have many contours, that any accumulation of water would have a hard time draining. With this in mind, they propose to put two feet of fill under the building above natural ground and to have it underdrained. Questions were also brought up as to the location of a cart path and a pile of broken glass. It was determined that both of these are on Owens- Illinois property, not Clinical Science Lab's, Another On- site inspection will be held on Saturday, January 29, 1983 at 9:00 AM to review the area again with the firm's engineer, The proposed building will be staked out. Appletree Diner - Warren Jonas: *Commissioner Andrews leaves the meeting at this time, Mr. Warren Jones, owner of the Appletree Diner, came in to question the Commissioners on the need for the grease trap they suggested be added to plans for the Appletree Diner's parking lot. Mr. Jones felt that a trap of this nature would serve no real purpose for what it was intended fors to catch parking lot drainage. As the parking lot is only designed for 44 parking spaces, it was his contention that a grease trap was not nec- essary. Mr. Leon Grant also came before the Commission expressing the same opinion. As Mr. Grant will be doing the construction on this project, his investigations into a grease trap led him to the conclusion that one would not be practical to use for a parking lot drain and that it may not even work. In lieu of a grease trap, he suggested that the two catch ba- sins presently on the plan be made into two leaching basins to act as a filtering system, There will be 16 yards of stone around the basins, each basin being 8' deep and 5' across. He also pointed. out that Ralph Maloon, the engineer for this project, was also in favor of this revision. The Commissioners agreed that a revised plan, showing the omission of the grease trap and the provision for the leaching basins, be sent to the Commission in order to issue Appletree Diner, File No. SE211-89, an amended Order of Conditions. *Commissioner Andrews returned to the meeting. Leon Grant - Maple Street: Mr. Grant was asked to attend the meeting to discuss his plans for land off Maple Street which is under agreement to him. Chairwoman Royle received a phone call from the Foxboro Conserva- tion Commission that heavy machinery was seen crossing Little Canoe River. Mr. Grant stated that his intentions are to make 47 acres of field as an extension of his farm. It was questioned as to whether or not'this land is actually a farm at present, and Mr. Grant was cautioned not to alter any"retlands without coming before the Commission. Mr. Grant stated that Vie was logging across Little Canoe River, not bulldozing. On an in- spection made by Commissioners January 15, 1983, this property was found to have several wet areas. Mr, Grant contended that it was due to season- al flow and trapped water. Chairwoman Royle reminded Mr. Grant not to do any work within 100 feet of any wetlands, Edward Stivaletta - Erick Road: Mr. Stivaletta came before the Commission to clarify the siting of a large area of water within 900 feet of Lot 4 off Erick Road discoverd�t an on-site inspection made January 15, 1983. MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JANUARY 24, 1983 PAGE THREE Because of the Commissioners' findings, a Cease and Desist Order was issued on January 1.7, 1983 to Mr, Mal Post (present owner of the lots) c/o Mr, Edward Stivaletta, Mr, Stivaletta explained that this wet area is not a pond, but rather a retention area from when he hit a spring on lot 5, ran the water through the drain easement, thus flooding this area. This drainage work was done in October of 1982. He also stated that once this area is drained, the flow will be normal again. This entire area will be filled, have 12" underground drains, and will be a parking lot to service condominiums. A letter will be sent voiding the Cease and Desist Order previously issued, Stivaletta Retention Area off Stearns Avenue: At an On-site inspection made January 15, 1983, Commissioners found the retention area to be 1- 112 feet full, Mr. Mal Post and Mr. Edward Stivaletta explained that the 13 year-old drain pipes under Erick Road leading to the retention area will be replaced with the same size pipe when the road is finished, which will be this year according to Mr . Post and Stivaletta. Before issuing a Certificate of Compliance on the retention area, as requested by the firm Mutter, McClennen and Fish in their letter dated December 29, 1982 (representing Mr. Mal Post), an as -built plan was requested by the Commissioners. MOTION: To issue a Certificateof Compliance for the Stivaletta Retention area pending the receipt of an as -built plan showing all details, (Durbano - Sweet; all in favor) VOTED Curvin Piggery - 1236 East Street: Chairwoman Royle informed the Com- missioners that she would be going to Court, again for the Curvin case (. on Wednesday, January 26, 1983, at 9:00 AM. An On -,site inspection was made of the Curvin Piggery on Saturday, January 15, 1983. Commissioners viewed a stream flowing through the right hand corner of the pig pen and eventually into a wetland area. Gastons Avotniks, 185 Mill Street: At an On-site inspection made by Commissioners on Saturday, January 15th, it was agreed that this was a sensitive area. Before any work commences on his land, the Com- missioners felt that Mr. Avotniks should come to a meeting to discuss his plans first. A letter to Mr. Avotniks will be sent to this affect, Foxboro Conservation Commission WPA Hearing - Michael -Angela Estates: Come. Royle and Johnson attended the Hearing for the proposed subdivision off Summer Street on Tuesday, January 18, 1983. Although there are no Wetlands involved to speak of, the fact that this subdivision may ad- versely affect Mansfield's public water supply is of grave concern. The proposed 29 homes would be on septic systems in an area soil. maps show to filter slowly. It was agreed that a letter be sent to the Foxboro Conservation Commission stating the concerns of the Commissionersd 1. Project location is approximately 1800' from the Cate Spring Well and is within its recharge area. 2. Whitman & Howard groundwater flow maps show that the flow is toward the Cate Spring Well, ranging from elevation 180 - 120. 3. Certain wastes from domestic septic systems cannot be filtered out. 4. The Commissioners urge that the project be denied until further study can be conducted. Copies will be sent to the Board of Health, Board of Selectmen, and Foxboro's Board of Selectmen. Commissioners agreed that another letter be sent to the Mansfield Board of Selectmen urging them to support the position of the Com- mission by sending a letter to the Foxboro Board of Selectmen or the Conservation Commission. ANSFIELD CONSERVATION C014MISSION MONDAY, JANUARY 24, 1983 MINUTES PAGE FOUR Since Whitman & Howard represent both the Towns of Mansfield and Fox- boro, the Commissioners recommended that an independent study of this area be done. Correspondence cont°d: 10. Notice of a Hearing in Foxboro on January 25th for three single- family homes proposed for the westerly side of Fast Street. 11. January 18, 9.983 letter from the Mansfield Planning Board in- quiring as to the existence of any regulations or legislation pro- hibiting building on an acquifer. It was agreed that a letter.be sent to the Planning Board informing them that at present, there is no regulation regarding building on an acquifer, nor have we heard of any legislation regarding same, 12. Copy of January 18, 1983 letter to Commissioner Doris Webb from the Board. of Selectmen informing her of her reappointment to the Con- servation Commission, 13. Copy of January 18, 1983 letter to Louis Andrews from the Board of Selectmen informing him of his appointment to the Commission.(Conservation) 14. January 19, 1983 letter from Norwood Engineering regarding a re- quest for both an Extension permit and a Certificate of Compliance.for file To insure that their time would not run out on their Order of Condi- ti-ons, they are requesting a One-year extension permit in order to prepare an As -built plan.for the Cabot, Cabot & Forbes drainage update, MOTION: To grant a One-year extension to Cabot, Cabot & Forbes, File No. SE211-81. (Sweet - Durbano; all in favor) VOTED FY 83 Budget: In reviewing the FY 83 Budget, Commissioners questioned the reason that the Recreation Dept. and the Conservation Commission were lumped together., thus not showing each group`s proper figures, OTION: To send a letter to the Town Manager asking that the two depart- ments be separated. (Webb - No Second; Motion Withdrawn) Commissioners agreed to review the budget further before deciding on questioning it. Transfer of Funds: MOTION: To request a $500.00 transfer of funds to the Fees account, #4903-000. (Webb - Johnson; all in favor) VOTED Downtown Advisory Committee Representative: Commissioner Durbano agreed to represent the Conservation Commission on the D.A.C, A letter to this affect will be sent to the Planning Board. no. SE211-81.1 Great Woods access road off Oak Street: In reference to a copy of a letter from former Planning Director Folkman to the Town Manager regarding a :�e- quest from Mr. Louis Troesch that the Town clear some brush and debris from an old cart road leading to his property, Commissioners agreed that since the Town does not own this property, it does not have the right to clear it. The Town only has a Right of Way easement, It was agreed that a letter stat- ing the above be sent to the Town Manager. Date of the next meeting: The next scheduled meeting is for February 14, 1983. A separate meeting will be held on Saturday, January 29, to issue Orders of Conditions to Clinical Science Labs, following an On-site inspection, A Meeting Notice will be posted for the January 29th meeting, KANSFInD CONSERVATION COMMISSION MINUTES MONDAY, JANUARY 24, 1983 PAGE FIVE Kevin Delano -..772 Ware Street: Mr, Delano phoned Chairwoman Royle regarding the installation of a swimming pool on his property that will be within 1.00' of a stream. The water table there is high (6' - 8') and the builder said he would put in subdrains. It was agreed that a "Request to Determine" form be sent to Mr. Delano to fill out and .return to the Commission. MOTION: To adjourn at 11:10 PM, (Sweet - Webb; all in favor Approved by &L `ki- Date to Town Clerkj�.�,'C', djc VOTED