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HomeMy WebLinkAboutConservationComm 06/02/1980GGUf% Li�i;r� CONSERVATION COMMISSION MINUTES PACE 1 Members Present: Chairwoman Doris Webb, Paul Boyden, Charles Meszoely, Jane Sheehan, Stuart Sweet Corr.esponcjenc. : I, Copy of May 29, 1.980 letter from SRPEDD to Mary Eckler., 653 Ware Street., stating the SRPEDD can only become involved in local matters when requested by appropriate local officials. 2. May 27, 1980 letter from Town Counsel Mulcahy requesting an up­daeee on. the Kelton Potter matters. MOTION: To send a letter to Town Counsel Mulcahy explaining that: A. 100 Branch Street •- The Commission sent_ Mr. Potter. by Certified Mail an Order of Conditions on this lot. Mr. Potter did not accept this mail and it has been returned to us by the Post Office. 13. Fast Street -- The Commission issued a Cease and u rib .i.aC 0',:tlut to ,I ir. ,otter for this property followed by a letter ordering the removal of the. material.. No work has been done on this lot, perhaps because of the Cease and Desist Order. Mr. Potter's East Street neighbors have again appeared before us to express their concern about this material and to request its removal. ` and asking his advice on our best next step. The letter should also state that the Commission would like to invite Mr. Potter in to discuss these matters but would like to 12 g=; know specifically how to proceed. (Meszoely - Sweet; all in favor) VOTED 3. Memo from Margot Jellinek reminding the Commission that if it:. wants to dredge a pond, it must go through all the usual steps for a Wetland Protection Act Hearing. Chairwoman Webb mentioned that she had just learned that Com. Boyden is discussing with the Board of Selectmen the possibility of. using gravel from Mill Pond for the Sanitary Landfill. 4. May 22, 1980 letter from the Department of the Attorney Genet l., Eminent Domain Division, requesting a. copy of Dile No. SE211-33, Karl D. Cleimuey, West Street, together with a. copy of the regulations in effect at the time of this applica- tion. CONSERVATION COMMKSION MINUTES PAGE 2 Com. Boyden suggested that Com. Royle call the Eminent Domain Division of the Attorney General's Office to ascer- tain exactly what they are looking for and to inform tb em that the requested information is already on file with th,! State, i.e., at DEQE. 5. Notice of Bi -Monthly Meeting of All Boards, Committees, and Commissions. Com. Sheehan agreed to attend and make a report. 6. Copy of May 21., 1980 letter from Paul Anderson, DEQE, to the Commissioner of the DPU acknowledging and accepting the withdrawal of the appeal of the Conservation Commission's Order of Conditions for the Relocation of Route 140. Minutes: MOTION: To postpone accepting the Minutes because of the crowded agenda. (Boyden. - Meszoely; all in favor.) VOTED Rebecca White- - School Street: Com. Boyden prefaced Rebecca White's comments by informing the Commission that Ted Kaegae. of DEQE had suggested to him that since the Department has already sent a file number to Rebecca White for her proposal, the Commission should hold its hearing within 21 days of their file designation (i.e., 21 days after May 19, 1980 -- June 9.) Miss White stated that she could not supply the Commission with the information requested in its letter of May 12, 1980 because her engineer quoted her a price of $700 to gather this data and she feels this is an unreasonable amount in light of the project she is proposing. Com. Boyden suggested that Miss White should have answered the Commission's letter addressing each request separately, Chairwoman Webb explained that the information requested is the usual data required for a Wetland Protection Act Hearing. it was muoually agreed that a Wetland Protection Act Hearing would be held on Miss White's Notice of intent dated May 5, 1980 to pull stumps, grade and seed the land for the purpose of planting for agricultural use on Malay, June 9, 1980 at 7:30 PM. Edward StivaletLa - Bristol Arms: A Wetland Protection Act Hearing was held at 8:00 PM for Edward Stivaletta's proposal t to lower Level of the brook about one foot by cleaning out silt: and debris in order to lower level to original design elevation.. (Pile No. MUM) A separate summary is on file; a tape of the hearing is also on file at the Town Clerk's offlec, OnhTSgpc A r 1 nN (:OMMTSSTf)N MINUTES PACE 3 JUNE: 2, iS 66 Kelton Potter East Street: Martin Cahill, 1024 East Street, a d Ralph Masala, 1027 East Street, reported to the Commission that there has been no work done on Mr. Potter's East Street property. Mr. Masala stated that despite the unusually dry winter, he has had water problems caused, he claims, by the mounds of sandy dirt on Mr. Potter's land. Mr. Masala also complained about: the dust being raised on this land by dirt bikers. Messrs. Cahill and Masala expressed concern about what effect this situation will have on their property should next winter be wetter than last. Chairwoman Webb briefly outlined the recent history of this property, :including the Cease and Desist Order as well as the order to remove the fill, She also explained that the Commission is hoping to meet with Mr.. Potter soon to try to reach some understanding about- this matter. Chairwoman Webb suggested that Messrs. Cahill and Masala check back with the Commission for a progress :report. Marc _Wiese - 2 Oak Street: Mr. Wiese presented the plans for moving his house from 339 School Street to 2 Oak Street as the Commission requested. Mr.. Wiese is scheduled for an appearance before the Zoning Board of Appeals on Tuesday, June 3, 1980 because his; proposal was rejected by the Planning Board because the house is to be placed 72 feet from Hodges Brook. Ar. Wiese noted that while the lot is :Large enough to move the house farther away from the brook., the heavy traffic in this area caused him to place the house back from the street for safety reasons. The State had given Mr. Wiese a deadline of May 1, 1980 to move this house from its School Street location. Mr. Wiese explained that Hodges Brook is -at an elevation of 122' at this point while its 100 -year flood elevation is at 126 '; the basement of his raised ranch would be at 131' with the driveway being placed away from the brook at an elevation of 132'. Whenever possible the existing contours are to be used and no filling is planned. The septic system will be away from the brook. Mr. Wiese also mentioned that the culvert under Oak Street is new. Chairwoman Webb suggested that the Commissioners should view the site. When the need for speed was mentioned, a discussion ensued as to whether or not the Zoning Board of Appeals was awai.t_ing, the Commission's decision before taking any action. The consensus was that the Planning Board's action and the decision of the. Zoning Board of Appeals were independent of any determination made by the Commission, CONSERVATION COMMISSION MINATES E 4 JANE 2, 1980 MOTION: To send a letter to the Zoning Board of Appeals stating that the Conservation Commissioners will make an on-site inspection of 2 Oak Street and make a determination as to whether a Wetland Protection Act Hearing will be necessary on Monday, June 9, 1980. (Sheehan - Meszoely; all in favor) VOTED Cabot Pond: Messrs. Chavaree and Willis presented to the Commission the data required by the Order of Conditions. In response to Condition No. 13 regarding the Cabot Pond dam, a report by Dr. Sat D. Khanna, P.E. together with his quali- fications was submitted. Four_ pages of plans outlined the erosion and sediment plan requested in Condition No. 14, the existing vegetation wetland boundaries, 100 -year flood elevations, and all property boundaries referred Los Q Condition No, 15, as well as the information requested in Condition No. 15,`i.e., the location of access roads and culverts that cross wetland areas. Mr. Chavaree mentioned that the first two maps included large printing required by the Corps of Engineers who requested some of the same data as the Commission. Messrs. Chavaree and Willis also submitted a copy of a letter. to Dr. Carr from the Water Resources Commission granting the project water quality certification. MOTION: To accept the data supplied by Messrs. Chavaree and Willis in compliance with the Order of Conditions issued by the Conservation Commission for the Restoration of Cabot Pond (File No. SE211-54). (Sheehan - Sweet; all in favor) VOTED Raimo Patel. - 300 West: Street: Chairwoman Webb reported that she along with Coms, Meszoely and Royle had inspected this property at the request of Mr. Rizendes, the contractor who is removing the illegal material Mr.. Rizendes informed the Commissioners that while he does not know who is guilty, he is willing to remove the material but was hoping that a compromise could be reached as to how much must be removed Chairwoman Webb and Com. Meszoely felt that this was not an unreasonable request. Com. Boyden, however, expressed concern about- the type of material, e.g., pieces of blacktop, particularly if this lot is not on Town sewerage. Also of concern to Can, Boyden is the fact that a water retention area has been filled and this can eventually cause difficulties in the Cabot Pond area. Chairwoma» Webb suggested that the rest of the Commissioners should view the site before any decision is reached. CONSERVATION COMMISSION MINUTES PACE 5 .JUNE 2, 1980 868 West Street: Both Coms. Boyden and Sweet, who visited the site, expressed the view that this is a marginal situation. Mrs. Jellinek, who originally reported the possible violation, expressed her belief that they had not -viewed the exact 'nation she indicated. Chairwoman Webb suggested that this site sbould be inspected by as many Commissioners as possible in order to make a responsible decision. Com. Boyden noted that the stream running through the Gross property seemed quite dry and thought the cause of this should be investigated. !LeFiona7. and Fruit Street Inter_ceators:_ It wa.s the consensus of the Commission that a special hearing notice should be printed in the MANSFIELD NEWS with a list of all the abutters since their large number seems to preclude mailing individual hearing notices. MOTION: To adjourn the meeting at 10:45. (Sweet - Meszoely; all in favor) Accepted by Date to Town Clerk PEM Next Meeting: Monday, June 9, 1980 VOTED