Loading...
HomeMy WebLinkAboutConservation Comm 04/21/1980[IJV CONSERVATION COMMISSION MINUTES GE I. APRIL.21, 1980 `SXY�& Trow LERK Members Present: Chairwoman Webb, Charles Meszoely; Dianne Royle, Frederick Rys, .Jane Sheehan Correspondence: 1. 'Request ;to Determine, Applicability of the Wetland Protection Act from the Town Manager for Airport Improvements dated April 18, 1980. After some discussion, Com. Meszoely made- a motion that a copy :of the Airport Improvement Plans be secured from the Town Manager in order that the Commissioners might study it before making a determination. '_Second by Com. Rys, all in favor. 2. Letter from Town Counsel Mulcahy regarding Kelton Potter's East Street and Branch Street lots. Chairwoman Webb will. telephone Mr. Mulcahy regarding this letrpre 3. Notice from Bristol Conservation LisCrict that`the �eeuiutb the Commission ordered are to be picked up on 'Friday, April 25. Com. Royle offered to call Dick Lambos to request that he pick up the Commission's seedlings when he gets those he and the Girl Scouts ordered. 4. Memo from the Town Manager approving the Commission's request for $700 to hire a consultant for the Cabot Pend Order of Conditions. Com. Royle made a motion that the Commission ' hire Garrett Holland, I E P, Inc., to review and advise the Commission on the materials submitted by Dr. Carr regarding the Cabot Pond Restoration Project. Second by Com. 'Sheehan, all in favor. 5. Notice from Senator Tsongas concerning the upcoming "River' Celebration." 6. Bill from A & W Specialties, Norton in the amount of '$140 for a sign for the Sweet Conservation Land. Com. Rys made a motion that this bill be, paid in the following manner: $135 from the Conservation Sign account (126.-0) and $5 from the general Conservation account '(125-0). Seccnd by Com. Sheehan, all in favor. 7. Request for an extension for Robert L. Rizzo's Otis Street project, File No. SE2.11-42. A motion to grant Mr. Rizzo a one-year extension on this project was made by Com. t Rys, second by Com. Royle, all in favor. CONSERVATION COMMISSION MINUTES PACE 2 APRIL.21, 1980 Ware Street Culvert: Mr. 'Stephen Farrell, 771 Ware Street, Mr. and Mrs. Thomas Hughes, 775 Ware Street, ,and Mrs. Kevin Delano, 779 Ware Street, appeared before the Commission to complain about basement and yard flooding which they claim has been caused by the Commission's ordered blocking of the 24" pipe installed by the Town. These Ware. Streot residents contend that their water problems were never as severe as they have been since the culvert was sealed. Chairwoman Webb briefly outlined the history of this pipe and observed that it seemed that there must be something other than the blocked culvert that was contributing to their recent: difficulties. At this point, Town Engineer Stanzione entered the discussion, by stating that he feels that the pipe should be unblocked. Mr. Stanzione went on to point out that the flooding has grown more E serious for two reasons: (1) since 1975 the groundwater level' has risen because of a greater amount of rainfall and (2) the increased number of houses in the area. is causing more runoff. The Town Engineer then made two recommendations: (1) the equivalent of the original pipe, should be installed in that area to keep the water uniformly flowing and (2) the stream should be cleaned from the Canoe River all the way to the Bonvie _property. The stream should be.a defined channel of adequate width and depth. This job should probably be done with a small bulldozer. Ronald Bonvie, 650 Ware Street, then stated that his pr imposed pond and sub -division off Ware Street would affect a 45 percent reduction in the amount of water draining into this stream. When asked about the time frame of this project, Mr. Bonvie explained that if This proposal is approved by the Commission, the drainage would be the first. step ;in his project. Com. Meszoely asked Town Engineer Stanzione if it was true that this culvert only 'relieved problems caused by heavy rains. Mr. Stanzione stated that the pipe is pitched so that it does function only during a heavy rainfall. It serves as an overflow pipe.; Com. Royle wondered whether there might be another solution to the problem, perhaps one new culvert which could .take the place of the two existing pipes. Coin. Rys made a motion that, based on the Town Engineer's advice, the Ware Street culvert be unsealed. Second by Com. Sheehan. CONSERVATION COMMISSION MINUTES PAGE 3 APRIL.21, 1980 those in favor of this motion: Chairwoman Webb, Coms. Rys,and Sheehan; Com. Meszoely voted against this motion with Com. Royle abstaining. The motion was carried 3--1 with one abstention. Com. Royle suggested that the Commission has a responsibiliLy,to Barbara Jones, 776 Ware Street, concerning Lfi a culverL. -Sipe also-bbserved that there 'might be a legal problem ;posed by the Commission's taking an action contrary to its Order of Conditions. Chairwoman Webb stated that she would consult Town Counsel Mulcahy about this and would also call Mrs. .Jones to inform her of the Commission's decision. Cabot fond: Messrs. Chavaree and Willis, who attended the meeting with Dr. Carr, asked the Commissioners if Dr,. Carr might answer any questions they might have concerning the proposal. Com. _Sheehan stated that she was very concerned about possible flooding caused by increased runoff to the pond from the relocated Route 140 as well as the future development bound to occur along the route. Dr. Carr assured the Commission that the 100 -year storm planning that he had used would be more than adequate for the foreseeable future. Com. Royle asked whether the applicants had applied for an Army Corps of Engineers Permit No. 404. Dr. Carr replied that he had answered some questions over the phone for the Army Corps of Engineers since there was a possibility that, because of the temporary moving of fill to block off the channel, they might need such a permit! Dr. Carr has not yet heard from the Engineers concerning their decision in this matter. At this point, Chairwoman Webb asked Messrs. Chavaree and Willis if they would be willing to grant the Commission an extension on the date the Order of 'Conditions is due in order to give the Commission time to ;study its consultant's material. Messrs. Chavaree and Willis stated that they would not grant this extension since they felt the Commission had had adequate time to make a decision. Relocation of Route 140: After much discussion among the Commis- sioners and Town Engineer Stanzione, including a considerable amount of time spent discussing Mr. Robert Currivan's letter of April 2, 1980, the following conditions were dictated in addition to the standard ones: 1. A 3' X 8' reinforced concrete box culvert shall be installed to replace the existing stone culvert crossing �z Willow Street at Willowdale Golf Course. 2. The invert of the culvert at the south end of Cabot Pond 11 be at 126 feet. CONSERVATION COMMISSION MINUTES APR1:L 21, 1980 PACE 4 3. If field inspections of the inlets and outlets by the Conservation Commission and/or the. Town Engineer within a period of one year after the completion .of the, project. _should reveal erosion problems or deposits of silt, concrete or mortar jointing aprons shall. be installed. 4'. Haybale dams shall be maintained during the entire construction period to prevent siltation and erosion. 5. Siltation basins shall be installed when and where needed. 6. No changes .from the plan submitted shall be made regarding the drainage of wetlands, filling of swamps, or size of culverts without notification and approval of the Conser- vation Commission. 7, Riprap shall be extended from the end of the proposed 42" pipe to the edge of the proposed Cabot Pond, Com, Meszoely made a motion that the Order of Conditions be issued as dictated. Second by Com. Royle, all in favor. 140"/ PLantingfieid'Road* Ronald Bonvie appeared oil behalf of Robert Rizzo to inform the Commission that the Board of Health is waiting for the Conservation Commission to release this lot before they act on it. Town Engineer Stanzione informed the Commission that he has inspected the pipe that the Commission had ordered to be reinstalled. In his opinion, the pipe has been reinstalled in compliance with the Commission's order. Com. Meszoely made a motion that the Board of: Health be sent a letter informing them that the pipe in question has been reinstalled in compliance with the Commission's order and that, therefore, the lot :is released. Second by Com. Royle, all in favor. David White --School Street: Com. Sheehan reported on the on-site inspection by Ted Kaegael of DEQE on this property. Mr. Kaegael informed the Libbys that they would have to 'settle their problems with Mr.. White through civil act -ion. Mr. Kaegael informed the Whites that (1) they definitely were in violation of. the Wetland Protection Act; (2) the State frowned on their seeking an agricul tural exemption after the fact of cutting down the trees; and (3) even if they are granted an agricultural exemption, they still must apply for a Wetland Protection Act Hearing because they are draining a brook and the preparation of the land for their agricultural purpose is not considered normal agricultural maintenance. DEQE will inform the Commission of its decision concerning this matter. CONSERVATION COMMISSION MINUTES APRIL 21, 1980. PAGE 5 Woodland Park: Mr. Kaegael also inspected Woodland Park and will inform the Commission of DEQE's decision ccneorning it. Camelot at Mansfield: Coms. Rys and Meszoely will inspect Camelot at Mansfield over the weekend to see whether the ditch has been filled in. - Minutes: Com. Sheehan moved the the Minutes of March 24, 1980 be accepted as corrected. Second by Com. Meszoely; all in favor. Com. 'Meszoely made :a motion that the Minutes of March 31, 1980 be accepted. Second by Com. Sheehan, all in favor. f A motion ;to adjourn was made by Com. Rys at 9:55 PM. Second by Com. Meszoely, all in favor. s Accepted by y<;' Date to Town Clerk - PEM