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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 _ D) A!��z 64C Date to Town Clerk pem