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HomeMy WebLinkAboutConservation Comm 04/23/1980...................... CONSERVATION, COMMISSION _:MINUTES Dr APRIL 23, 1980Members Present: Chairwoman Doris Webb, Paul he Meszoely, Dianne Royle, Frederick Rys. Jane Sheehan arrived at 9:00 I'M Correspondence: 1. Bill from Bristol Office and School Supply in the amount of $5.95 for miscellaneous supplies. Com. Meszoely made a motion to pay this bill, second by Com. Boyden, all in favor. 2. April 16, 1980 letter from the Foxborough Board of Health regarding some suggestions the Commission made concerning the Foxborough Conservation Commissions Order of Conditions for a sub -division off East 'Street. -3. April 22, 1980 letter from Donald Kaufman, Esq. requesting a ;90 -day extension of the Commission's deadline for Ramu Patel to remove fill from his West Street property. Com. Boyden made a motion that a,90 -day; extension be granted to Mr. Patel as requested. Second by Com. Meszoely, all in favor. Ware Street Culvert: Chairwoman Webb reported that Town Counsel Mulcahy feels there may be a legal problem with the Commission's unblocking the Ware Street culvert after issuing an Order of Conditions which stated that the culvert would be sealed for one year. ''Com. Meszoely, therefore, made a motion that the Commission reconsider its vote of Monday, April 21, 1980 to unseal the Ware Street culvert. Second by ;Com. Royle. Voting for reconsider- ation were Chairwoman Webb and Coms. Boyden, Meszoely, and Royle; voting ;against this motion was Com. Rys. Motion carried by a vote of 4-1. There was much discussion concerning the difficulties caused by the Commission's Order, the inadvisability of arbitrarily blocking and then unblocking the pipe without an in-depth study of the problem, and the legal implications of any course of action. Com. Meszoely then made a'motion to rescind the Commission's vote of April 21, 1.980 to unseal the Ware Street culvert„ second by Com. Royle. Those in favor of this motion: Chairwoman Webb, Coms. Boyden, Meszoely, and Royle; Com. Rys voted against the motion. -Motion carried by a vote of 4-1. Com. Royle then made a motion that a letter be sent to the Town Manager with copies to the Town Pngincor and the Department of Public Works explaining the situation and suggesting possible solutions, including installing a Larger pipe to replace the CONSERVATION COMMISSION APRIL 23, 1980 MINUTES PAGE 2 two existing pipes and cleaning out: the stream at the rear of Barbara Jones's property (which Town CoimsCI.'MulCahy suggested might be partly the Town's responsibility since it has been directing more water into this stream). Second by Com. Meszoely. Chairwoman Webb, Coms. Boyden, Meszoely, and 'Royle voted for this -motion with Com. Rys voting against it. Motion carried by a:vote of 4-1. - Chairwoman Webb observed that, by far, the most desirable course of action would be to arrive at some 'solution that would satisfy Mrs. Jones as well as the people on the other side of the street. Com. Royle suggested that the Ware Street residents who attended Monday night's meeting should be informed of the Commission's latest decisions. Wind 'Chime Acres: A Wetland Protection Act Hearing was held at 8:00 PM for the Ronald S. Bonvie Corn.'c nrnpnsal to construct the roads, pond, and drainage for the 30 lots in the Wind Chime Acres subdivision off Ware Street. ;File No. SD211--57) A separate summary is on file; a tape of the hearing is also on file at the Town Clerk's office. Com. Royle made a motion that this hearing be continued to May 5, 1980 at 8:00 PM because, due to the complex nature of this drainage area, the Commission wants a study of this project by SRPEDD to provide the Commissioners with ,more detail with which to make a reasonable decision. Second by Com. Sheehan, all in favor. Ware Street Culvert: At this point, Mr. Kevin Delano, 779 Ware 'Street, who apparently had not been present during the earlier discussion of this ,matter, approached Chairwoman Webb and :Com. Boyden requesting an explanation of their decision to rescind -the April 21, 1980 decision to unseal the culvert. 'Chairwoman Webb and Com. Boyden briefly reiterated the various considerations involved and assured Mr. Delano'thad the Commission's main objective is to find a solution that will satisfy all the people involved. Cabot Pond: Chairwoman Webb prefaced the discussion and, issuing of the Order of Conditions for Cabot Pond with a brief statement concerning the manner in which Mr. 'Garrett Holland of T F'P, Inc. was hired as a consultant to the Coimnission regarding this proposal. There was no intent to do anything out of order or illegal, Chairwoman Webb explained. The Commission feels the need for additional expertise in reaching a reasonable decision in such a complex project and while we were, perhaps, a bit hasty in 4 CONSERVATION COMMISSION MINUTES APRIL 23, 1.980 PAGE 3 lining up this consultant, there was a time frame in which we had to work and we felt we were acting in the best interests of every- one concerned. Com. Sheehan added that she feels the Commission has every right to hire a consultant regardless of the fact that the applicant may have also engaged the services of an expert in the field. Chairwoman Webb opened discussion of the Order of Conditions with the explanation that the Commissioners would be referring to some suggestions dictated to Com. Royle by Garrett Holland, After considerable discussion among ,the Commissioners, including a few specific questions posed by the Commissioners to Dr. Carr- and the applicants, the following conditions were dictated: 1. A registered professional engineer shall inspect the Cabot Pond dam to determine whether it is structually adequate for the activity proposed and whether the materials will eventually cause damage to the road and downstream flooding. This analysis shall be submitted to the Conservation Commission before any pork commences. 2. The applicants shall prepare a detailed erosion and sediment plan during the work aicti 7i.} y t .ssure the protection of the downstream waters from adverse sii- tation pollution.The erosicn, :ui-lenc plan shai CONSERVATION COMMISSION MINUTES PAGE 4 APRIL 23, 1980 Com. Sheehan made a motion that the standard Order of Conditions together with those dictated be issued to the applicants. Second by ,Com. Royle, all in favor. Airport Improvements: After studying the airport's plans for the eonstruction of'a parking apron and the reconstruction of a portion of taxiway, Com. Boyden made a, motion that a preliminary hearing be required immediately in order that the Conservation Commission might make a determination as to the applicability r of the Wetland Protection Act to this project. Second by Com. Rys, all in favor. Mrs. Margot Jellinek stated her opposition to this project and informed the Commission that there was no question in her mind — as to the applicability of the Wetland Protection Act and the necessity ,of a hearing. Com.,Rys made a motion to adjourn the meeting at 11:50 PM. Second by Com. Meszoely, all in favor. Accepted by2-" Date to Town Clerk --j — 8® pem i