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.
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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
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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