HomeMy WebLinkAboutConservation Comm 09/13/1982MANSFIELD CONSERVATION COMMISSION MINU F e' -EHIVE®
MONDAY, SEPTEMBER 13, 1982
¢ ToWfu CLERK
Members Present: Chairwoman Dianne Royle, Coms. Ronal onv ,
Paul Boyden, Anthony Durbano, Keith Johnson
(arrived at 7:45 PM), Stuart Sweet, Doris
Webb (arrived at 8:15 PM left at 10:30 PM)
Recreation Commission - Memorial Park: Paul Split, Recreation
Director, and John Gustaysen of Carol R. Johnson & Associates,
Inc., accompanied by Ronald King and Ed Vernon of the Recreation
Commission, outlined for the Commission their plans for improving
the Midget Football field at Memorial Park and requested
permission to fill (about three feet), grade, and seed adjacent
to the brook, which is lined --sides and bottom --with stone.
At a later date, when funding is available, Mr. Split explained,
the Recreation Commission will file a Notice of Intent for the
relocation of this brook. Mr. Gustaysen submitted for information
only a completed Notice of Intent for the work described by
Paul Split stressing that this was not a formal filing.
MOTION: To waive the requirement for a Wetlands Protection Act
Hearing to improve (but not complete) the existing
Midget Football field at Memorial Park by filling,
grading, and seeding adjacent to the brook as outlined
at the Commission meeting of September 13, 1982.
(Boyden - Sweet; In favor: Bonvie, Boyden, Durbano,
Royle, Sweet; abstain: Johnson) VOTED
Com. Johnson arrived during this discussion.
Mansfield School Department - Athletic Fields: John Gustaysen,
Carol R. Johnson & Associates, Inc., described the successful
near -completion of work on the athletic fields at the East
Street school complex but requested a one-year extension for
this project (File No. SE211-73) in order to complete work
on wells to be driven in the outfield of the baseball field
to be used to irrigate the sports complex. Mr. Gustaysen
submitted a letter dated September 13, 1982 containing all
this information.
MOTION: To grant a one-year extension of the Order of Conditions
for this project (File,No. SE211-73).
(Sweet - Durbano; all in favor) VOTED
Grant Pond: Town Counsel, who joined the meeting at this time,
advised the Commissioners that Com. Boyden, due to a possible
conflict of interest, could sit in but not participate in this
discussion.
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, SEPTEMBER 13, 1982 PAGE TWO
Chairwoman Royle stated that when she, together with Coms.
Durbano, Johnson, and Webb had viewed Grant Pond from the
Goddard property on September 11, 1982, they noted (1) there
was water 20 feet from the surveyors' stakes indicating the
Goddard property line; (2) material was stockpiled in a wetland
area; and (3) the shoreline adjacent to the Goddard property was
inundated with water. Chairwoman Royle went on to say that it
was the consensus of those Commissioners present at this inspection
that Mr. Grant was in violation of the plans submitted to the
Commission which stipulated that the water would be set back
50 feet from the lot line. Mr. Grant reiterated his history of
the project to Town Counsel Dwyer, stating that (1) water from
the Goddard property is draining onto his land rather than visa
versa; (2) while the water, indeed, is closer than 50 feet to
Mr. Goddard's property, the area excavated is not; and (3) the
50 -foot work area mentioned in the Order of Conditions can be
violated during construction but that it will be restored upon
completion of the project, at which time the Commissioners are
free to check the pond for compliance. When Chairwoman Royle
suggested that the pond is in the wrong place, Mr. Grant explained
that he has incorporated this pond in to an already existing
pond on the property and that the location did change when he
ran into boulders, etc.
When Town Counsel Dwyer recommended that George Wey, Town Engineer,
inspect the pond and submit his opinion as to its compliance with
all Town rules and regulations, Mr. Grant stated that he would
have to consult with his lawyer before allowing such an inspection.
Mr. Dwyer went on to say that, based on his interpretation of the
various correspondence, etc., it would appear that Mr. Grant is in
violation of the Commission's Order of Conditions. In closing,
Chairwoman Royle requested that Mr. Grant let the Commission
know as soon as possible whether or not he will allow George Wey
to inspect his pond.
Hatheway & Patterson: William Haynes, trustee of H P C Realty
Trust, accompanied by the Trust's attorney, Maurice Maher,
appeared before the Commission to discuss the unsuitable material
which has been dumped on the land adjacent to Foundry Street and
to the rear of Clemmey Tank (Assessor's Map 418, Plots 230 and 231)
Mr. Haynes explained that this dump, which has existed for decades,
had been partially cleaned up by a third party (Clemmey Tank) as
directed by the Board of Iiea.lth without consulting the
property owner, i.e., H P C Realty Trust. Mr. Haynes went on to
state H P C's opinion that the wetland in which some of this
material has been dumped has been made wet by the water outfall
from the North Main Street underpass which pumps water into the
area continuously and H PC's contention that the Town is responsi-
ble for the area which they are making wet and which contains
MANSFIELD CONSERVATION COMMISSION
MONDAY, SEPTEMBER 13, 1982
MINUTES
PAGE THREE
unsuitable material. Mr. Haynes requested that the Commission
vacate the words, "and return to its original condition" from the
Cease and Desist Order issued by the Commission on July 28, 1982.
MOTION: To vacate the words "on or before Monday, September 13, 1982"
from the Cease and Desist Order issued by the Commission
on July 28, 1982 to H P C Realty Trust/Hatheway &
Patterson and to schedule and on-site inspection for
Thursday, September 16, 1982, at 6:00 PM.
(Sweet - Johnson; all in favor) VOTED
MOTION: To request from the Board of Health an up -date on the
groundwater pollution problem at Hatheway & Patterson and
a report on what steps have been taken by our former
Health Agent and DEQE to clear up the problem.
(Boyden - Durbano; all in favor) VOTED
Com. Webb arrived during the early stages of this discussion.
Commission Secretary: Chairwoman Royle introduced to the Commission
Donna Coady who will take over as Secretary to the Commission at
the next meeting, September 27, 1982.
l Inn - Innc
Act Hearing for a change
was held at 9:30 PM. A
a tape of the hearing is
Correspondence:
Development Corp.: A Wetlands P tection
in this project (File No. SE211-86)
summary of this hearing is filed separately;
also on file at the Town Clerk's office.
1. September 8, 1982 request from Charles P. and Hazel F. Ash
for a one-year extension for their gravel removal project,
File No. SE211-63
MOTION: To request that the Ashes provide the Commission with
a written progress report, outline of work to be
accomplished during the requested one-year extension
period, and an approximate completion date for the
project, in order that the Commission might review
this material prior,to voting on the extension request.
(Webb - Sweet; all in favor) VOTED
2, August 23, 1982 request from George Wey, DPW Director, to waive
the Wetlands Protection Act Hearing requirement for the Elm
Street water main installation project.
MOTION: To request George Wey to supply the Commission with
a copy of the plan for this project in order that
they might study it prior to voting on such a waiver.
(Johnson - Durbano; all in favor' VOTED
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, SEPTEMBER 13, 1982 PAGE FOUR
3. August 19, 1982 response from David Grant, Cabot, Cabot, and
Forbes Co., responding to questions raised during the Commission's
on-site inspection of Route I-495 concerning an unseeded rail
and sewer easement and erosion of a drainage ditch leading from
I-495 to Hodges Brook.
MOTION: To notify Cabot, Cabot & Forbes Co. that the Conservation
Commission would expect that the sides of the drainage
ditch leading from I-495 to Hodges Brook would be sloped,
graded, and seeded or riprapped before the 1983 spring
flooding season.
(Boyden - Webb; all in favor) VOTED
* 4. August 11, 1982 request from J. P. Smith for a one-year
extension of the Order of Conditions for project File No. SE211-68.
MOTION: To issue a one-year extension permit to J. P. Smith
for his School Street project, File No. SE211-68.
(Johnson - Sweet; all in favor) VOTED
* Due to a conflict of interest, Com. Boyden did not participate
in this discussion.
5. August 6, 1982 letter from Major General Fant, U.S. Army,
stating that the six West Mansfield Little League fields
will be completed by the weekend of November 6-7, 1982.
Chairwoman Royle explained that discussions held during the
on-site inspection of the Little League fields by Coms.
Durbano, Johnson, Webb and the Chairwoman with Army personnel
left some confusion as to the scope of work to be performed
by the Army. Chairwoman Royle will, therefore, contact Richard
Ryan of the Little League to ascertain exactly what work was
contracted for with the Army.
6. Copy of August 10, 1982 appeal of their Order of Conditions
to DEQE by Messrs. Shepard and Nelson (File No. SE211-84).
August 17, 1982 notice from DEQE of Messrs. Shepard and
Nelson's appeal.
August 23, 1983 notice from DEQE of the August 31, 1982 on-
site inspection of the Shepard/Nelson pond project.
September 8, 1982 reply from Carr Research Laboratory, Inc.
to the Commission's denial of the Shepard/Nelson pond project.
MOTION: To send to DEQE (with copies to Atty. Iddings, Dr.
Carr, and Messrs. Shepard and Nelson) copies of the
hearing summaries, and the article "Is your Horse
MANSFIELD CONSERVATION COMMISSION
MONDAY, SEPTEMBER 13, 1982
MINUTES
PAGE FIVE
Hazardous to the Environment?"and "Swimming: Another
Aid."
(Johnson - Webb; all in favor) VOTED
7. Copy of August 16, 1982 letter to Chris Tilden, DEQE, from
Margot Jellinek, League of Women Voters, regarding the salt
storage shed.
8. MACC Newsletter announcing MACC Fall Meeting in Taunton.
Chairwoman Royle urged all Commissioners to attend.
9. August 23, 1982 memo from Town Manager regarding Town Hall security.
10. Copy of Atty. Mangiaratti's August 19, 1982 letter to Ronald
Bonvie informing him that his one-year extension of his Order
of Conditions (File No. SE211-57)'had been filed.
11. Capital Improvements request form.
The Commissioners filled out this form together and Chairwoman
Royle will make the Commission's presentation at the meeting
with the Capital Improvements Committee.
12. August 17, 1982 progress report from De Leuw, Cather/Parsons
on the Northeast Corridor Improvement Project (File No. SE211-64
requested by the Commission.
MOTION: To consult with Town Engineer Wey (who has this file
at present) on the progress of this project before
voting on the requested extension permit.
(Johnson - Sweet; all in favor) VOTED
13. Memo and plan of Canoe River Estates, Sharon, from Sharon
Conservation Commission,
Russell Christian - Gift of Land:
MOTION: To forward all pertinent information to Town Counsel
Dwyer with the request that he prepare the proper
instruments for the conveyance.
(Boyden - Johnson; all in favor) VOTED
Christopher Curven - 1236 East Street: An on-site inspection of
Mr. Curven's pig pen was made on August 14, 1982 and it was
determined to be in violation of the Wetlands Protection Act.
MOTION: To issue a Cease and Desist Order to Mr. Curven,
stipulating that a Notice of Intent must be filed
with the Commission on or before Monday, October 4, 1982.
(Johnson - Boyden; all in favor) VOTED
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, SEPTEMBER 13, 1982 PAGE SIX
Adiournment:
MOTION: To adjourn this meeting at 11:45 PM.
(Bonvie - Durbano; all in favor) VOTED
Accepted by
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Date to Town Clerk
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