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
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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