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HomeMy WebLinkAboutConservation Comm 06/16/1980CONSERVATION COMMISSION MINUTES JUNE 16, 1980 Members Present: Vice Chairman Paul Boyden, Jane Sheehan, Stuart Sweet Mrs_ Jellinek --Mill Pond: Mrs. Jellinek asked when. Com. Boyden was authorized by the Conservation Commission to go before the Board of Selectmen to offer the Town gravel from Mill Pond. Com. Boyden replied that this has been in the c rkn since 107 or 1974. Mrs. Jellinek continued to press, however, for a more recent date for this formal authorization. Mrs. Jellinek also read from a April 7, 1971 letter addressed to her from the Bureau of Accounts which, in essence, stated that a'.iown Meeting vote would be necessary in order to remove and sell gravel from. Mill Pond. Correspondence: L. June 11, 1980 letter from Town Counsel Mulcahy regarding; the status of Kelton Potter's Branch and East Streets properties. Mr. Mulcahy stated that he will resist the removal of the current injunction until NO. Potter meets witk the Conserva- tion Commission. He also mentioned that he is writing to Mr. Potter's attorney concerning these matters. 2. June 11, 1980 notice from DEQE of their receipt of the appeals of the Conservation Commission's Order of Conditions for Wind Chime Acres (rile No. SE211-57). 3. Packet of letters concerning Compo Industries' landfall site: (a) Copy of May 29, 1980 letter to DEQI? from Ralph Busc_hmann, Compo Plant Manager,,_outlining the history of the landfill; reporting that Whitman & Howard will be making borings soon to take soil samples for testing; and citing Compo's policy to abide by all Federal lacus covering such matters. (b) Copy of June 9, 1980 letter to Town Manager Metr.opulos from DEQE stating that the State will review the soil. samples and make a determination as to poss:i.bl.e problems in this connection. (c) Copy of June 16, 1980 letter from the Mansfield Board of Selectmen to Compo Industries thanking them for their prompt action in this matter as well as their continued monitoring of the situation. CONSERVATION COMMISSION MINUTES PACE 2 JUNE 16, 1980 A. Planning Board Minutes for May 28, 1980 and Juane 4, 1980. S. June 11, 1980 memo from Town Engineer Stanzione informing the Commission of a possible filling of a .,ecla d and encroar> giant. of a stream on the Fasulo property off King Street.. Coms. Royle and Sheehan agreed to view the site and report: back to the Commission.. Fruit Street and Regional _Interceptors: In response to an informal question by the Board of Selectmen as to the necessity "or an Army Corps of. Engineers permit in connection with this project, it was the consensus of the Commission that the Board should send a copy of the plan for the interceptors to the Corps in order that they might determine whether or not such a permit is needed. A copy of the U.S. Army Corps of Engineers Permit Program -0 Guide for Applicants will be forwarded to the Selectmen together with a permit application. Marc Wiese --2 Oak Street: A Wetland Protection Act Hearing was held at 8:00 PM for Marc Wiese's June 10, 1980 Notice of Intent to move a house from its present location at 339 School Street: to 2 Oak Street, a location where the house would be 72 feet from Hodges Brook. (Tile No_ 6E71_1_- ) A separate summary is on file.; a tape of the hearing is also on file at the Town Clerk's office. MOTION: To send a letter to the Zoning Board of. Appeals stating that the Conservation Commission has held a Wetland Protection Act Hearing on Mr. Wiese's proposal and that the consensus of the Commission is that: if proper care is taken and if the Order of Conditions (which the Commission will subsequently issue) are met, there should be no detrimental effect to Hodges Brook. It s h ould also 'be mentioned that the soon to be. issued Order of Conditions does not presuppose that the Zoning Board of: Appeals will, in fact, accept this proposal based on such Order of Conditions. (Royle - Sweet; all in favor) VOTED Kelton Potter --East and Branch Streets: Vice -Chairman Boyden reread Town Counsel Mulcahy's letter of June 11, 1980 concerning Mr. Potter's property. Mr. Potter stated that Town Counsel has, in fact, been in touch with his attorney and that he expects a meeting to be set up among the Conservation Commission, his attorney, and Town Counsel to discuss the East Street situation. Mr. Potter further date, that he Was appearing before the Commission to discuss the Branch Street situation. Mr.. Potter explained that he was unexpectedly* called out of town shortly before the Wetland CONSERVATION COMMISSION MINUTIES PACE. 3 JUNE 16, 1980 Protection Act Hearing for 100 Branch Street and therefore was unable to attend the hearing and equally unable to accept: the certified mailing of the Order of Conditions for the project (File: No. SE211-55). Although he still has not officially received this Order, Mr. Potter has seen the conditions and is willing to comply with all these conditions except. No. 15 which calls for the installation of a storm drain/catch basin by Fireside Realty Trust. Mr. Potter amplified his feelings on. this matter by stating that Back Bay Brook receives drainage all the way from Route 106 and this all drains into his property. He went on to state that the brook is full of salt from the roads, etc., and he can't understand why, considering the whole situation, this one lot should pose such a problem. While Mr. Potter states that he cannot install a catch basin on Town property, he certainly does not intend to install one on h.is own property. The fact that the neighbors were able to express their views concerning his project in his absence also seemed to upset Mr. Potter. Vice Chairman Boyden suggested that: since Town Counsel and Mr. Potter's attorney are presently in conversation concerning this matter as well as the East: Street situation, it would not be advisable for the Conservation Commission to make any decisions before consulting with Town Counsel. Mr. Potter agreed, particularly since he is presently working on further plans for Circle C --Branch Street. Mr. Potter also expressed concern regarding the appeal period for this Order of Conditions. MOTION: To send a letter to Town Counsel Mulcahy requesting his legal opinion as to whether the 10 -day appeal period for this Order of Conditions has lapsed since the Order was sent by certified mail on April 15, 1980 or whether this appeal period is still pending since Mr. Potter never accepted the Order. It should also be noted that two Gommissioneri understood from a DEQE staff person that the appeal period commences on the date the Order is Mailed. Mr. Mulcahy should also be requested to attend a meeting set for Monday, .Tune 23, 1980 at 8:45 PM with Mr. Potter, his attorney and engineer, and the Conservation Commission. Rober_t__Rizzo--Plantingfield Road: Robert Rizzo presented an as - built plan for the work which the Conservation Commission required CONSERVA'T'ION COMMISSION MINUTES PAGE 4 JUNE 16, 1980 in its May 25, 1978 Order of Conditions for this project.. While it was the consensus of the Commission that Mr. Rizzo has fulfilled these conditions, the Commissioners felt that the work should be approved by Town Engineer. St:anzaone before- any official action is taken. ;MOTION: To send a memo to Town Engineer Stanzi.one, requesting him to view the plans submitted by Mr. Rizzo as well as to check the actual work done and report back to the Commission before Monday, June 23, 198q with his advice as to whether these lots should be released., (Sheehan - Royle; all in favor) VOTED Mr. Rizzo was requested to send a letter to the Commission formally requesting release of these lots. Minutes: MOTION: To dispense with the reading of the Minutes of June 9, 1980 since the Commissioners had received them at home and to accept these Minutes as written. (Royle - Sheehan; all in favor) VOTED MOTION: To adjourn the meeting at 9:30 PM. (Sheehan - Sweet; all in favor) VOTED Approved by.� �,.. Date to Town Clerk CONSERVATION COMMISSION ARTICYZ 1986TOWN E iNG To scat- if 4 he town °elll vote to raise and Appropinte or transfer from avrailiible funds, a sum of money to be transferred to the Conservation Commission Land Acquisition Fund, or take any other action _. AW*a , rt /_'fez t.'v,, �<<�fes•. SPONSOR# Conservation Commission To seq if the Toim will vote to authorize the Conservation Commission to acquire by e�rainent domain the following parcel of land presently owned by the Conservation Commission throud;h purchase and through a gift of the Natural Resources Trust of Mansfield, Inc, ,".Said vnlrcel to be used for conservation purposes 'rnd be atdminstere,rd, controlled and maintained by sstd commission under the provisions of the General Laws, Chapter 401 Section 80 As +mended. Said property b®uhded and ribed sis!-follorwel Parcel #I. A certain tract of ]and situated In the Town of } Mansfield in the Creat Woods sr -called and bounded as g- - follows: Beginning at the northeast c orncr of said lot., it being the corner of land now or formerly of Schuyler Shepard and land now or formerly of ,Joseph Smith; thence south 76 degrees west 36 rods and 9 links to a corner thence north 13 degrees west 13 rods and 12 links to a corner; thence north 641E degrees west 10 rods to a corner; thence south 23 degrees west 16 rods and 2 Jinks to a corner; thence south iliz degrees west 23 rods and 2 links; thence north 66 degrees east 26 rods to a corner; (hence 13 degrees east 16 rods and 1 link to a corner; thence south 77 degrees east 37 rods and plinks to a corner; thence north 131; degrees west 40 rads and 6 links to the first mentioned bounds, containing 14 acres be lire same more or, less. Being the same premises conveyed to Caroline Chase by Marion A. Shepard dated,lane 9, ivo and recorded in Book 306, Page i46 Bristol County North District Registry U.-) SPONSOR: Conservation, Commission r 'fOr6t N CLERK Gr�ealY V4f008'7_.9tu(1v c %Mansfield, e.%Massacbusetts 02048 102 Jewell strut January 31, 19f'O Ms. Rosann Durr.sh Executive Office of Environmental Affnirs Div, of Conservation Services 100 Cambridge Street Boston, Mass., 02202 Dear Ms.'Durrah, As you know, we have not been able to oemplete our negotiations for Self Help project #5, the Wuth/Fiesher land In the Mnnsfield Great Woods. We want to thank you and Mr. time extention on our application. portant to our Great Woods project in the near future. act Conserv!;tlon Commission Lerner for granting us the This parcel Is very im- and we hope to be rem nn.1- ing Sincerely, Marydee FI,ynn, Chal,rman �r,�///.Pry/ /flle �� 'JAL'/l•R�I��RE'DtttGf 1�O sir r wii P r� rej ",,:,../� Mr° Freci July lip 1979 Oil'stton Mansf� cl ToOOMMIS ionhajx,men MansfYeldR Mass' assalI , 02048 Re; Mansfie.Id Self_ge1� DrO•Iert Dear for t1Te 8 c w"I a Self_ hrej 'OvIe pelve $ heck Inpg eros s dfE,orn Cdlabavrsfze1d,s emount .f$4Payment, the f.jl nal `IPpl.ic,a $ +#900.00 Yoe t.i,() wlthlnca epectnty cow- xty (60) dart Yours truly, RDD/pw cc: ToWTI Treasurer s�ru� jaaad iis� °A� ttstra,tor Great ®ods Study� Cominit c7Kansfield, c 7Kassachusetts, 020.1 16, >2 16" 19fe) X t7 t? f/t L e e ir "_ yt. cis ve Q Al <� I Great GAVood s Studir Corn mitt, 6Maiisfie.1d,(:%4aa(: l,ii,i,setis 02GIP) CHARLES 13. IAULCAIIY TOWN COUNSEL TOWN OF MANSFIELD, MASSACHUSETTS OFFICE OF TOWN COUNSEL 364 WILLOW STREET MANSFIELD, MASSACHUSETTS 02048 May :27, 1,980 TAUNTON OFFICE WYNN d WYNN 1 TAUNTON GREEN TAUNTON, MASBACHUSETTB 02780 1817) 628-4807 Marydee Flynn, President Great ,Woods Study Corrumissi_on Town Hall, 50 West Street Mansfield, Massachusetts 02048 Dear Marydee: Please be advised that Attorney Paul Monahan from Vazza Properties called inquiring as to whether or not the Town was still willing to purchase that property. I would appreciate your advising me so that 1. can send the necessary correspondence to him. Thank you very much .for your anticipated cooperation and timely assistance. Very truly yours, .,"', Cb4rl1'es D. Mulcahy 56wn Counsel. ('DM/dew r eat bods Stud3rCoramitte Mansfield, c. Ma saehusetts 0204f3 Minutes of Jan. 28, 1980 Prpgentr L. Andreas, S. H01ford, J. Shenhqn and M, Flynn Minut-a of Oct. 2.9, 1979 rrid and apnroved. Mrs. Flynn reported that Selectmen grad unproved $100 budget for neat year. CIC has .approved a combined budget with Con. Crim for $60,000. This includes $38,000 for Con. Com. acquisition; 9tl5, 000 for GW 13-34, 1.5-.51, and 15- 52; ^nd 5-7000 for small parcel abutting Hodges Brook and Vill'Rm Estates. Any money not used in FY 1980 will be held in nocount and may be: used in future years. ConCom has received fron Self Help a check for $490o.o0 for I payment for 14A of GW land. NRT j. p paid town's shar r _ svt.Lgx'Y1&X Mrs. Flynn reported on 'phone conversation with Joel_ Lerner mf DOER -Self Help re Nigher land. All avenues have been explored as to finding ways that owners might be eneournged to :sell land this ye -r. However, the family Is still in no hurry acid negotiations brave stoppopped for time being. Letter 011 be trent to ,Self Help explaining end thanklnp them for extendlnp our appllegtlon period. ThIm parcel will be our #'1 priority in the coming year. Mea. Flynn has met with ourner of narcel near Tiodyes Brook and has deed lanFuaye. Apnraiser will be contacted for appraisal for 1980 town meeting. Three articles have been prepared for town meeting sand have been iiT,formally nresented to Con Com for apuroval at a town meeting. s. lynn will meet with then on Feb. 11 to make formal presentation. one artier® is for eminent domain for 14 acres mentioned in pPrarrraph &-presently ownded by ConCom and to formality recommended by town Cauncel to clear the title. Article 2 in proposal to inpropiete $60j000 for COnCom land ma¢quisition fund in the event this in deleted from the CIC article. The Third art.ial deals with nmi.nent domain for 14-2, an owners unknown, with now traxem p=aid fox, year,a. This land was included in ars.pinal Fienie}-",, andttren gravel. removal of 664 whish wme prohibited by State 1i:pW. Con Com felt te,wn mould acquire land before someone else tllOs to take it. Voted Andrews -Holford to contact nporat ser on 911 acquisitions for this ,year. Money to be taken from 126-o fund". Voted, Andrews -•Holford to nurchase Va7za foot bridar property but to content our state rope on nossibility of havinp 28 ft width requirement del.etid for economic and practical rr.aaone. Mrs, Flynn will contact. Adjourned 9110 pm. Meet -asraln on Feb. 25, 1980, 7t30 nm. �2lX.il///l! �� (J/i//Jt ;''l (!i//YlJ •. �'/'/'/17iI February 7, 1980 's , Blarydee Flynn, Chairman 102 Jewell Street Mansfield, Mass. 02048 RE: Great Woods -Self -Help #5 Dear Ms. Flynn: Thank you for your letter of January 31, 1980, advising us that you hope to re -apply in the near future. However, please be advised that because the Conservation Coninii b.on was un- able to meet January 1980, extended deadline the project (Self -Help $5, Great Woods,) has been cancelled. Also, should the Commission decide to re -apply, all appraisals and application documents must be updated, along with Mansfield's Open Space Plan. I am enclosing a complete package of the Self --Help and Open Space Require- ments for future use. Also, please find Mansfield's Conservation Commission's original application and appraisals. If I can be of any assistance to you in the future please contact me at 727-1552. CordiymTly y urs q? �Rvosann D, Durrah Land Use Administrator R'iD!pca Enclosure cc: Town File field representative