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HomeMy WebLinkAboutConservation Comm 02/25/1980`Tow n e le rk RE EIV CONSERVATION COMMISSION M NUTPAGE 1 February 25, 1980 a'._`'5- -v- Members present: Doris Webb, Chair w man, Jane Sheehan, Dianne Hoyle Stuart Sweet, CharlesiMeszoely, Paul Boyden*, , Minutes: Minutes of; January 28, 1980 were read and accepted with corrections. Motion to accept minutes as corrected by Sweet, second Sheehan, all in favor. Minutes of February 11, 1980 were read and accepted with corrections. Motion to accept minutes as corrected by Sweet, second Sheehan, all in favor. Secretarial applicants: Patricia McKay, Marilyn Jaeksnn anti Jnnn Crotty were interviewed for the secretarial positi WIcKay was selected. 'Letters will be sent to the t Henley -Lundgren and DEQE; 'Commissioners Sheehan a Patricia Lewis Off 'ce of General Counsel, Executi Environmental Affairs, Boston), Frank morgan (Atto Dale Anderson '(Henley -Lundgren) in the Boston DEQI preliminary hearing regarding -the Order of Conditi 4'::.3u. d by the ConservationCommission. I This preli will ascertain if a adjuciatory hearing is nececsa stated that Henley -Lundgren attempted to withdraw was willing to accept the Amended Orders. However accept the withdrawal. Ms Lewis stated that once ' appealed to DEQE, it, cannot be withdrawn and the N Protection Agency becomes involved. The Statute d for the; applicant and the local Conservation Comm ts. with g t:nirlgts QU . oe bweer: Unem. :'lne aetictemeni, Dy ;VEWE, is in the Dest interest of the State and the Wetland Protection Act. DEQE then' has the responsibility of issuing a Certificate of Compliance= however, the local Conservation Commission canissue'a Cease and Desist :Order if the applicant does not 'comply with the Orders issued by DEQE. It was agreed by the three, parties that the Amended Order of Conditions will become a part of the Orders issued by the Mansfield Planning Board, and subsequently be protected by the bond put up by lienley-Lundgren. The Orders issued by DEQE must also be complied with. The bond with the Planning Board will probably last 'five years, which will allow monitoring of the pond'. If the owners of the land do not abide by these Orders, then Henley -Lundgren has recourse with the owners. Chairwoman Webb telephoned Chris Tilden at DEQE in Lakeville and he told her that our Amended Order to monitor the pond for five years was not explicit enough and that it was 'a difficult thing to do. Chairwoman Webb suggested to him that in the future there be more communication between the Commission and DEQE when issuing an Order of Conditions.> Commissioners ';Royle and Sheehan made the trip into Boston on February 14, 1980. Conservation Commission Minutes Page 2 February 25,;1980 Kelton Potter, 100 Branch 'St.: Helton Potter and Ralph Maloon, Ln,;ineer, s owed the house plan at 100 Branch Street. Mr. Maloon said that the foundation is about 50 feet from the Back Bay Brook and the grading of the driveway is about 30 feet away. The founda- tion is on undisturbed soil, but the driveway area was altered to remove the topsoil in order to install the driveway. There was no excavation along the brook`. The loam was about 15-20 feet away from the brook. Some water will shed from the driveway to, the brook and to the street gutter. The leaching field is 100, feet away from the house. Mr. Potter was told that he should file for a wetlands hearing since the foundation is within 100 feet of the `brook. Gonsalves land on Mill St.: This property is 'located on the corner of Mill and Essex Streets. The Town would like to purchase the land to excavate and use the fill at the Landfill site. Mrs. Jellinek is very concerned that the; groundwater will be exposed if excavated and contaminate our water supply. She reported that clay is being taken out of the pit and has been since'P�all if 1979. The land will be purchased for $75,000, if approved at Town Meeting, and will _pro- vide enough fill at the Landfill', site for three years. Commissioners will make the ;inspection at the ;Gonsalves property on Saturday, Iviarch 1st at ;9000 a.m. Camelot Subdivision:Commissioner Boyden*(he,entered the meeting at 9.3 this time) received a telephone call from a Mr. Lawrence and was :told that there is tree -cutting activity within the retention area at the CamelotSubdivision. Planning Director lChad 'Maurer also received the same report. Commissioners reviewed the Order of Conditions for File #42-24, Camelot. It was also discovered that no Extension Permit was applied for or issued for 1979. Another Extension is due in April of 1980. Commissioners will make an inspection on Saturday morning, March 1st. After the inspection is made; a letter will be sent to Mr.,Antosca regarding the Extension Permit. Ramu Patel, 3300 West St.: Commissioners Webb, Royle, Sweet, Sheehan and Ivieszoely inspected 300 West Street's adjacent lot on Saturday, February 16, 1980, owned by Ramu Patel.' They saw that the lot has been filled with unsuitable fill (tan; 'plaster -type material) within one foot of the stream behind the lot. This lot has been before the Commission since September; 1979, and after much deliberation, a letter ' will be sent to Mr. Patel ordering him to remove the fill no later than April 30 1980.` Copies of the letter will go to the Planning Board, Board of Health, Zoning Board of Appeals, Building Inspector, and Town Engineer to inform them that no permits shall be issued for the lot 'until ;a wetlands hearing is held. Motion to send the letter to Mr. 'Patel by Sheehan, second Royle, all in favor.. Woodland Park Subdivision: Commissioners Webb, Royle, Sweet, Sheehan and Meszoely'also 'viewed the Woodland Park Subdivision ('File SE211-44) on Saturday, Feb. 16th. and :felt that the Work appeared to be much more extensive than indicated on the plan submitted at the wetland hearing. There is much siltation in the brook (Back Bay Brook) and hay bales could not be found at the site. Chairwoman Webb will. contact Chris Tilden at DEQE in Lakeville, since Superceding Orders were issued by the State and lie will alsc be told that we do not have a copy of an Extension �[ 'black tc>,. -...- .... ... Conservation Commission Minutes Page 3 February 2.5, ,1980 Permit, if one was issued by DEQH. Notice of Intent Relocation of 140: The Notice was received for the Relocation of Rt. The papers submitted were reviewed and the hearing date was set for March 3, 1980 at 8:00 p.m. (SE211-52) Correspondence: 1. Copy of our letter to the Board of Health, Feb. 20, 1980, res permission to perk on Lots 1401 and 1407, Pl.antingfield Road, Ron Bonvie<for Robert Rizzo. 2. Bill from Walpole Correctional Institute for $69,.00 for signs. Motion by Royle to pay $39.00 (corrected amount) to 'Walpole, second Sheehan, all in favor. 3. Letter from Conservation Law Foundation stating that Commission's annual dues is $50.00 --not $30.00 --which was already submitted. Motion to pay an additional $20.00 dues to the CLF by Meszoely, second 'Sweet, `all in favor. 4. Copy of letter from Peter O'Brien, Attorney, to Paul Anderson, DEQE, Lakeville, re: File`SE2_11-41, David White, and requesting an agricultural exemption for land on School Street, adjacent to the Libbeylproperty. 5. Legal Notice from Foxborough Conservation: Commission to hold a wetland hearing for a subdivision that drains into the Canoe River. A letter will be sent to the Foxborough Conservation Commission stating that the subdivision drains into the 'Canoe River Watershed Area, which contains Mansfield's main water supply, Cate Springs. our concern is that no sodium (de-icing) agents be used on the roads and that no underground oil storage permits be issued. Motion to send the letter by Boyden, second Sweet, all in favor. Ivtotion`to adjourn by Meszoely, second Sheehan, all in:favor. 1 Accepted by�r Date to Town Clerk -L -ls Addendum: On February 26th, Frank Burke, Mass. Dept. of Public Works, itelephoned Commissioner Royle to find out when the wetland hearing will be held for Rt. 140. March 3rd was not possible for the State, so a mutual extension was agreed upon and the hearing date was set for March 10th at '8:00 p.m. NEXT MEETING MARCH 110. 1980.