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HomeMy WebLinkAboutConservation Comm 06/21/1982MANSFIELD CONSERVATION COMMISSION MI,I�II7 E��� � MONDAY, JUNE 21, 1982 P, E All 1 Members Present: Chairwoman Dianne Royle, Coms. Paul Boydei"4`s (arrived at 8:40 PM), Anthony Durbano, KeiEh-"'� 1V Johnson, Stuart Sweet, and Doris Webb inutes• MOTION: To accept the Minutes of June 7, 1982 as written. (Johnson - Durbano; all in favor) VOTED Certificate of Compliance - Route 1-495: Chairwoman Royle informed the Commission that she had received a telephone call from William Moran, Mass. D.P.W., explaining that while the DPW policy is not to attend evening meetings, he would be glad to drive the length of the Mansfield portion of I-495 with the commissioners. MOTION: To request an as -built plan for the Mansfield portion of I-495 with the intention of studying this plan, driving I-495 to look for possible trouble spots, and getting back to Mr. Moran with any specific questions. (Sweet - Johnson; all in favor) VOTED Correspondence: 1. May 20, 1982 letter from New England Power Service explaining that they are not able to convey permanent access rights to to Penn Central property offered to the Commission for sale by the railroad but might consider granting a temporary license for pedestrian usage. It was agreed that this matter should be tabled for the time being. 2. May 26, 1982 letter from John Dunn thanking the Commission for its cooperation in connection with the Boy Scout Camporee at Maple Park on May 15 - 17, 1982. 3. May 26, 1982 letter from Gordon E. Beckett, Fish and Wildlife Service, commenting negatively on another pond development on the Rumford River (Shepard -Nelson project). Calleen Cheney - 140 Tremont Street: Calleen Cheney, accompanied by Ralph Maloon, submitted a completed "Request to Determine..." form to the Commission for the purpose of grading her yard in order to direct the water which gathers there into a catch basin, via 12 -inch pipe under Tremont Street (100 -feet in length), into a 100 -foot -long ditch (0 - 3 feet in depth; 12 feet wide at top with 3:1 slopes), which will empty into a swampy area to the rear of the Gordon property. Ms. Cheney explained that this proposal should MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JUNE 21, 1982 PAGE TWO not only correct her severe flooding problems but also help to alleviate some of the Gordon's water difficulties. The Gordons have given their approval for this work. MOTION: Pending comments from Leo Wolfe, the only other abutter to this project, to determine that no hearing will be required for this work, although the Commission stipulates that the slopes of the ditch should be loamed and seeded and hay bales should be used during construction to prevent siltation from entering the swamp. (Sweet - Durbano; all in favor) VOTED Kenneth Larsen - Chauncy Place: A Wetlands Protection Act Hearing was held at 8:00 PM for this project (File No. SE211-85). A summary is filed separately; a tape recording of the hearing is also on file at the Town Clerk's office. Com. Boyden left the meeting at this time due to a conflict of interest. Shepard -Nelson Pond Development: Mrs. Jellinek read to the Commission a letter she had sent to the Army Corps of Engineers stating her opinion that the Mansfield Planning Board may not be legally able to grant Messrs. Shepard and Nelson a permit for this project. MOTION: To send a letter to Town Counsel Dwyer, attaching Mrs. Jellinek's letter, outlining the Commission's involvement with the project thus far and asking for his legal opinion as to whether or not this project is legally acceptable in the Town of Mansfield. (Sweet - Durbano; all in favor) VOTED Com. Boyden returned to the meeting at this time. Inncorp Development Corp.: Paul Mirabito of Norwood Engineering and Ken Bedrosian of Inncorp submitted to the Commission a Notice of Intent for the construction of a five -story, 125 -room motor inn with restaurant and lounge, including related parking areas, pool, utilities and drainage retention areas on the proposed site. Mr. Mirabito briefly outlined the project, to be located on an 8 -acre site, part of which is located in Foxboro while all the constructnn will take place in Mansfield, bounded by Borden Company and Robert Currivan. Two retention areas and an excavated area are proposed to accept the increase in storm water runoff from the proposed site. Mr. Mirabito expressed his opinion that this drainage system will result in less water being delivered to the Currivan property. The Commission requested the following additional data be submitted *This hearing, at the conclusion of which Com. Boyden arrived, took place before Ms. Cheney's presentation. MANSFIELD CONSERVATION COMMISSION MONDAY, JUNE 21, 1982 MINUTES PAGE THREE at the hearing: (1) a topographical map of the site; (2) soil and water table information; and (3) a more detailed explanation of the "excavated area." The hearing for this project was scheduled for Monday, July 12, 1982 at 9:15 PM; and on-site inspection was planned for Monday, June 28, at 6:00 PM. Com. Boyden left the meeting due to a conflict of interest. Shepard -Nelson Pond Development: Messrs. Shepard and Nelson explained that since they had not reached a formal agreement with Messrs. Chavaree and Willis concerning the buffer zone between Cabot Pond and their project, they will continue with the Notice of Intent as originally submitted. Chairwoman Royle noted that it would therefore be in order to change the "purpose" stated in the Notice and theplansto indicate that this pond will be separate from Cabot Pond. Chairwoman Royle also again requested that the applicants reconsider their answer to No. 9 regarding other permits. When questioned about a buffer zone for this project, the applicants expressed their feeling that a buffer strip for Cabot Pond, on Mr. Chavaree's property should be sufficient and that they can work up to their property line without the need for maintaining a buffer strip. The applicants stated that they had discussed this matter with Building Inspector Cook and that they would request that he outline his position in this matter in writing for the Commission. This hearing was continued to Monday, July 12, 1982, at 8:00 PM; an on-site inspection was scheduled for Monday, June 28, 1982, at 7:00 PM. Com. Boyden returned to the meeting at this time. Ray Goddard - Grant Pond: Mr. Goddard presented the Commission with a plan of his property stamped by a Registered Professional Engineer. This plan also indicated the 50 -foot buffer strip which the Commission has ordered Mr. Grant to restore. MOTION: To send a letter he meet with the offer to lend him (Webb - Johnson; Correspondence.(Cont'd): to Town Counsel Dwyer Commission to discuss the file to study. all in favor) requesting that this project and VOTED 4. June 16, 1982 letter form Town Counsel Dwyer advising that the most economical way to petition for the parcel listed as MANSFIELD CONSERVATION COMMISSION MONDAY, JUNE 21, 1982 MINUTES PAGE FOUR "owners unknown" would be to take it by eminent domain,which would require a vote at Town Meeting. MOTION: To prepare an article for the next special town meeting to take Assessors Map 31, Parcel 45 by eminent domain. (Boyden - Johnson; all in favor) VOTED 5. Copy of June 15, 1982 letter to James J. DePillo from Health Agent Walsh suggesting that Mr. DePillo have his well tested since it is close to the Hatheway-Patterson/Clemmey Tank pollution area. 6. June 25, 1982 letter from Hatheway & Patterson Co., Inc. stating that the property which was the subject of the Com- mission's recent Cease and Desist Order is not owned by Hatheway & Patterson. Chairwoman Royle stated that she had spoken with Mr. Haynes, President of Hatheway & Patterson, concerning this property, which Mr. Haynes informed her is owned by H P C Realty Trust Co., Inc., 102 Whitelawn Avenue, Milton, which has been made aware of the Cease and Desist Order by Mr. Haynes. MOTION: To send a Cease and Desist Order to H P C Realty Trust Co., Inc. for the filling of wetlands and streams on this property. (Durbano - Sweet; all in favor) VOTED 7. June 15, 1982 letter from Whitman & Howard explaining why the Spring Street horse farm was listed as a potential hazard to groundwater. 8. Bill from Patricia E. MacKay for secretarial services from April 26 - June 30, 1982 in an amount not to exceed that which is transferred to the Conservation Commission's expense account from the reserve fund by the Finance Committee. (Boyden - Webb; all in favor) VOTED Maple Park Constable: Chairwoman Royle suggested that she contact Ted Robinson to determine whether he is interested in continuing on as Conservation Constable for Maple Park. Adiournment: MOTION: To adjourn this meeting at 11:30 PM and to schedule the next meeting for Monday, July 12, 1982, at 7:30 PM. (Webb - Boyden; all in favor) VOTED Accepted by I jl���') Date to Town Clerk