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HomeMy WebLinkAboutConservation Comm 03/08/1982MANSFIELD CONSERVATION C MONDAY, MARCH 8, 1982 NUTES GE ONE. Members Present: Chairwoman Dianne Royle, Com -s--.' Ronald Bonvie, Anthony Durbano, Keith Johnson, Doris Webb (arrived at 8:20 PM) Minutes: MOTION: To accept the Minutes of February 22, 1982 as written. (Durbano - Bonvie; all in favor) VOTED Correspondence: 1. February 22, 1982 letter from Mansfield Little League reporting on the progress of the West Mansfield Little League complex. As suggested in this letter, Com. Sweet will obtain the Conservation Land sign from Richard Ryan. 2. February 23, 1982 letter from Frederick T. Iddings, Jr., informing the Commission that Messrs. Shepard and Nelson feel that their pond development project is exempt from the jurisdiction of the Wetlands Protection Act and that therefore the Commission's Cease and Desist Order is a nullity and that work will be commencing shortly on their Spring Street project. Chairwoman Royle informed the Commissioners that she called Mr. Iddings to request that he caution his clients against commencing any work in or within 100 feet of a wetland since they have not been granted an agricultural exemption under Chapter 131, Section 40 of the Mass. General Laws, noting also that they are still governed by the Cease and Desist Order issued on October 9, 1980 and that if any work commences, the Commission will instruct Town Counsel to start proceedings MOTION: To send a letter to Mr. Iddings confirming Chairwoman Royle's telephone conversation with him. (Johnson - Durbano; all in favor) VOTED 3. February 23, 1982 update of expenses thus far this year. Chairwoman Royle informed the Commission that there is $217 remaining in the Commission Fees account. The Commissioners discussed the problems involved in cutting back further on secretarial services in order to stretch this amount until the end of June. MOTION: To send a letter to Town Manager Maurer apprising *for a court injunction to stop work. MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, MARCH 8, 1982 PAGE TWO him of the budgetary difficulties experienced by the Commission and informing him that the Commission will be applying for an emergency transfer of funds within the next couple of months in order to carry them through to the end of the fiscal year. (Johnson - Durbano; all in favor) VOTED Mansfield Housing Authority Com. Bonvie left the meeting at this point due to a conflict of interest. Chairwoman Royle explained that although there would not now be a quorum present, the Commissioners in attendance would listen to the presentation and discuss it with the other Commissioners at the next meeting. Fairfield Park: Chairwoman Royle read aloud the completed "Request to Determine..." form submitted by the Mansfield Housing Authority together with a list of abutters and the notification of this meeting with the Conservation Commission sent to these abutters. Kenneth DiNisco, architect for the 42 -unit project, explained that this project, while basically the same as that previously presented to the Commission, does include three changes recommended by Camp Dresser & McKee, who made a drainage study in connection with this project. Mr. DiNisco stated that he hoped the Commission would merely reaffirm their previous decision that this project would not require a Wetlands Protection Act Hearing. (Com. Webb arrived at this time.) The three changes will be: (1) the leaching basins will be connected by pipes --they had not been connected in the earlier plan; (2) the overflow from these leaching basins will be directed through a new pipe rather than through the existing 24 -inch pipe; and (3) the open ditch, which receives the overflow from the leaching basins via the new pipe, will be improved --regraded and reshaped --for a distance of approximately 1,400 feet. Com. Durbano asked whether any attempt was being made to alleviate the flooding problems experienced by Blake Street residents. Mr. DiNisco stated that since he was not familiar with this problem, he would look into the matter to see what could be done. Chair- woman Royle inquired about riprapping the length of the improved ditch; Mr. DiNisco commented that this would be very expensive. Mrs. Jellinek wondered how the ditch could be prevented from caving in and also objected to the use of 25 -year rather than 100 -year storm calculations. Bicentennial Court: Chairwoman Royle read aloud the completed "Request to Determine..." form submitted by the Mansfield Housing Authority together with a list of abutters and the notification of this meeting with the Conservation Commission sent to these abutters. The four duplexes and one maintenance building Y MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, MARCH 8, 1982 PAGE THREE included in this project will not be situated within 100 feet of a wetland. Discussions with the Zoning Board of Appeals suggested that, in order to keep the runoff from the entering the on-site wetland directly and thus cause more difficulties for the abutters, a retention area, could be provided and the runoff could be piped away from the wetland area, beyond a knoll and on toward the 12 -inch pipe under Pratt Street. Sam Cutillo, 228 Pratt Street, stated that he experiences no water problems. Chairwoman Royle read a February 19, 1982 letter from Mr. and Mrs. Armando Giovino,.248 Pratt Street, urging that careful consideration of this project be given, particularly regarding the drainage problems already experienced by some Pratt Street residents. Mr. Giovino noted at the meeting that his water problems have been aggravated not only by the construction of the road leading to Bicentennial Court but also by the filling of a wetland by the previous owner of the land on which Granada Park is situated. John McNair, 218 Pratt Street, also asked for assurances that this project would not increase his and his neighbors' water problems. MOTION: To respond to the Mansfield Housing Authority's "Request to Determine..." by requiring that a Wetlands Protection Act Hearing will be necessary for this project. (Webb - Johnson; all in favor) VOTED Kenneth DiNisco and the Commissioners agreed to make an on-site inspection of the project location on Saturday, March 13, 1982, at 9:30 AM, at which time RIM engineering would be locating the boundaries of the wetland and the location of the building closest to the wetland. Com. Bonvie joined the meeting at this time. Brown Property - Balcom Street: Chairwoman Royle noted that she together with Coms. Keith Johnson, Anthony Durbano, and Stuart Sweet walked Lots 1, 2, and 3 of Balcom Street with Chris Yarworth of RIM Engineering and could see no evidence of a wetland. When Mr. Brown presented his topographical plans for the Commission's study, Com. Webb objected, stating that they could not truly be evaluated when taken out of the context of the whole project. MOTION: To stipulate that a Wetlands Protection Act Hearing will not be required for Lots 1, 2, and 3, Balcom Street. (Johnson - Durbano; those in favor: Royle, Durbano, Johnson, Bonvie; those abstaining: Webb) VOTED t Chairwoman Royle informed Mr. Brown that as soon as the Commission receives his completed "Request to Determine..." form, the Commission will respond with a formal "Determination..." form. Chairwoman MANSFIELD CONSERVATION COMMISSION MONDAY, MARCH 8, 1982 MINUTES PACE FOUR Royle also cautioned Mr. Brown that Lots 4, 5, 6, 7, and 8 have not been ruled on by the Commission and that no work, including the stumping of trees, is permitted until Mr. Brown has received a determination of the applicability of the Wetlands Protection Act by the Commission. Mrs. Mutlow, 97 Balcom Street, voiced her objection to the development of this land, particularly Lots 7 and 8. MOTION: To clarify the Commission's January 11, 1982 memo to the Board of Health by sending Mr. Brown a letter stipulating that the determination that no Wetlands Protection Act Hearing was required mentioned in that memo was made specifically for Lots 9, 10, and 11, Balcom Street. (Johnson - Bonvie; all in favor) VOTED Correspondence (Cont'd ) 4. Return of Commission's February 22, 1982 letter to Town Counsel Mulcahy with suggestion that the Commission contact New England Power concerning the granting of a right of way to the Penn Central land being considered for purchase by the Commission. MOTION: To send a letter to New England Power inquiring about the possibility of the company granting the Town a right of way should the Commission purchase the two Penn Central parcels abutting the railroad tracks. (Webb - Bonvie; all in favor) VOTED 5. Environmental Notification Forms for the Water System Improvements by the Town of Mansfield. Chairwoman Royle will check on the time period within which comments may be submitted to MEPA. Boy Scouts: Chairwoman Royle informed the Commission that John Dunn of the Mansfield Boy Scouts contacted her requesting permission to hold a Camporee involving 150 Boy Sc o uts and 30 leaders at Maple Park the weekend of May 15. Chairwoman Royle suggested he ascertain which agency of Town government controls the exact area he wishes to use before making a formal request. Willis Pond: Chairwoman Royle reported on a telephone conversation s e a W'M Christine Murphy of MACC, who received a letter from Doug Thompson, EPA, who is greatly concerned MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, MARCH 8, 1982 PAGE FIVE about the adverse cumulative affect of another pond, i.e., Willis Pond, on the Rumford River. Mrs. Jellinek informed the Commission that, at her request,the Corps of Engineers will hold a public hearing on Willis Pond and she will notify the Commission when this hearing will be held. Mr. Thompson's letter will be forwarded to the Commission and reviewed at the next meeting. Grant Pond: Chairwoman Royle informed the Commission that Leon Grant had called her to ascertain the Commission's most recent action concerning his pond development project. MOTION: To send a letter to Peter O'Brien stating that the Commission has voted to stand firm with the extension permit issued to Mr. Grant on November 25, 1981 but that if Mr. Grant is dissatisfied with that extension, he is, of course, entitled to file for a new Wetlands Protection Act Hearing. (Webb - Johnson; all in favor) VOTED Guidelines: Com. Johnson volunteered to take the Fobxboro and Plainville Conservation Commissions' Guidelines and: annotate them for use in formulating Guidelines for the Mansfield Conservation Commission. Fairfield Park: After some discussion of this project (in which Com. Bonvie did not participate), it was agreed to postpone making a determination until the next meeting. Adjournment: MOTION: To adjourn this meeting at 11:00 PM (Bonvie - Webb; all in favor) VOTED Accepted by 6�fL Ij Date to Town Clerk PEM