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