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HomeMy WebLinkAboutConservation Comm 06/23/1980CONSERVATION COMMISSION MINUTES PAGE 1 JUNE 23, 1980 Members Present: Chairwoman Doris Webb, Dianne Royle, Frederick Rys, Jane Sheehan, Stuart Sweet Minutes: MOTION: To dispense with the reading of the Minutes of June 16, 1980 since the Commissioners had received them in the mail and to accept these Minutes as written. (Sheehan - Royle; all in favor) VOTED Rebecca White - School Street: The Wetland Protection Act Hearing which was begun on June 9, 1980 was continued at 8:00 PM for Rebecca White's Notice of Intent to grade and seed the land after the stumps have been pulled for the purpose of farming the land. (SE211-60) A separate summary is on file; a tape of the hearing is also on file at the Town Clerk's office. MOTION: To make the first condition of the Commission's Order of Conditions for this project a denial of the proposal due to the lack of the information requested of Miss White in the Commission's letter of May 12, 1980 and to point out in the second condition that the Cease and Desist Order issued on January 29,'1980 in connection with this project is still valid. (Rys - Sheehan; all in favor) VOTED ` At this point, Chairwoman Webb was called away from the meeting and Com. Rys took over as Acting Chairman. Correspondence: 1. Memo from Robert Rizzo officially requesting release of the Plantingfield Road lots in light of the as -built plan he submitted to the Commission on June 16, 1980. 2. June 23, 1980 memo from Town Engineer Stanzione stating his opinion that Mr. Rizzo has complied with the conditions set by the Commission in connection with these lots. MOTION: Since the Town Engineer seems to have approved these lots, that the Conservation Commission issue a Certificate of Compliance to Mr. Rizzo for these Plantingfield Road lots, i.e., Lot Nos. 1401, 1405, 1406, 1408 (Sheehan - Sweet; all in favor) --Y-QT IS �)'7�--)I CONSERVATION COMMISSION MINUTES PAGE 2 JUNE 23, 1980 k 3. Bill in the amount of $144 for 36 hours of secretarial services (May 23 - June 23, 1980) by Patricia E. MacKay. MOTION: To pay this bill in the amount of $144. (Sheehan - Sweet; all in favor) VOTED 4. June 16, 1980 memo from the Planning Board requesting the Commission's comments on the attached plans to remove earthen material from a parcel of land off Elm Street owned by Charles P. and Hazel Ash of Norton. MOTION: To send a memo to the Planning Board stating that this proposal is in a very delicate area, and that the limit of the proposed excavation will be within 100 feet of a swamp which is part of the Wading River watershed, and therefore a Wetland Protection Act Hearing is necessary for this project. (Royle - Sweet; all in favor) VOTED 5. June 20, 1980 memo from the Planning Board requesting the Commission's comments on the attached Henley -Lundgren plans to remove earthen material from a parcel of land off South Main Street owned by Norman A. Gray and Karl D. Clemmey. MOTION: To send a memo to the Planning Board indicating that the Commission has had extensive Wetland Portection Act Hearings on this project and any new work on this project will require a new hearing. When we submitted our Order of Conditions, it was based on there being a buffer area and this new proposal would extensively affect the Order of Conditions. The Commission feels this is not in the best interest of the Town. (Sweet - Sheehan; all in favor) VOTED 6. June 16, 1980 memo from the Planning Board requesting the Commission's comments on the attached plans to remove earthen material from a parcel of land off Elm Street owned by Richard A. Morse. MOTION: To send a memo to the Planning Board stating that because the limit of the proposed work is within 100 feet of a wetland, this will require a Wetland Protec- tion Act Hearing. (Sheehan - Royle; all in favor) VOTED 7. Advance copy of a Bill directing the Conservation Commission to transfer land to the Town for its well sites. CONSERVATION COMMISSION MINUTES JUNE 23, 1980 PAGE 3 Edward Stivaletta - Stearns Avenue (SE211-58): After discussion, the following conditions for this project were dictated: 1. A plan shall be submitted to the Conservation Commission showing the location of the retention area, its size, depth, before and after elevations, and the calculations to support its holding capacity of 1.5 million gallons. This plan shall be sumbitted to and approved by the Conservation Commission before any work commences. 2. Suitable erosion control measures shall also be shown on this plan. 3. Standard measures, i.e., hay bales, shall be taken to control siltation of downstream areas during the construction period. 4. The banks of the stream shall not be substantially altered. 5. Removal of all silt material and debris, e.g., sticks, trees, trash, etc., from the stream shall be permitted but no further removal of gravel shall be allowed. 6. The existing culvert shall be completely cleaned of debris and silt. MOTION: To issue the standard Order of Conditions together with those just dictated to Mr. Stivaletta for this project. (Royle - Sweet; all in favor) VOTED Kelton Potter - Branch and East Streets: Town Counsel Charles Mulcahy informed the Commission that he had just been informed by Mr. Potter that neither he not his representatives would be at the meeting and that Mr. Potter was requesting a one-week extension of this appointment. In regard to the 100 Branch Street Order of Conditions (SE211-55), Mr. Mulcahy stated that it is his opinion that Mr. Potter has exceeded the appeal period since the law clearly states that this 10 -day period commences on the issuing date of the Order. Mr. Mulcahy went on to say, however, that Mr. Potter is free to attempt to appeal this Order to DEQE and await the DEQE response. Mr. Mulcahy then asked for some details concerning Mr. Potter's East Street property. In both cases, Mr. Mulcahy assured the Commissioners that they were within their rights and that he will back them up in whatever proceedings might result from Mr. CONSERVATION COMMISSION MINUTES PAGE 4 JUNE 23, 1980 Potter's next steps. It was agreed that Town Counsel Mulcahy would attempt to set up an appointment for Mr. Potter, et al to attend the Commission's next meeting on Monday, July 14, 1980. Regional and Fruit Street Interceptors - Town of Mansfield (SE211-61): MOTION: To issue the standard Order of Conditions to the Town for this project with the addition of the following two conditions: 1. Proper erosion controls shall be taken during construction. 2. The swamp areas on either side of the railroad right of way shall be returned to their original condition. (Sweet - Royle; all in favor) VOTED Marcus G. Wiese - Oak Street (SE211-62): The following three conditions were dictated as a result of some discussion among the Commissioners: 1. No filling below the 100 -year flood elevation of 126' shall be permitted. 2. No herbicides shall be used between the house site and Hodges Brook. 3. The land between the house site and Hodges Brook shall not be substantially altered. MOTION: To issue the standard Order of Conditions plus the additional three conditions dictated to Mr. Wiese. (Royle - Sweet; all in favor) VOTED Wind Chime Acres: The Planning Board forwarded to the Commission copies of GHR's interim report concerning this subdivision. The complete report cannot be submitted until GHR receives all the information they have requested. Condition No. 21 of the Conservation Commission's Order of Conditions for this project stipulated that if this report necessitated further conditions, such conditions would be issued on or before June 25, 1980. Since this is impossible, the Commission requested and Mr. Bonvie is considering an extension of this date until the Commissioners 'receive and study the complete GHR report. Mr. Bonvie agreed to send the Commission a letter either granting or denying *his extension. CONSERVATION COMMISSION MINUTES PAGE 5 JUNE 23, 1980 It was also agreed that a copy of this report would be sent to DEQE together with a brief summary of events up to this point. Mr. Bonvie informed the Commission that as a result of this report, he will be returning the layer of topsoil to the retention area ---something that had not been part of the plans he submitted to the Commission. It was the consensus of the Commission that Mr. Bonvie would still be able to follow the construction order stipulated in the Order of Conditions (build the retention area, build the pond, clean any silt out of the retention area). This particular matter, it was noted, seems to point up the importance of the Commission's having the complete CHR report before closing the Order of Conditions. Fasulo Property - King Street: Coms. Royle and Sheehan reported that they had visited the property and found that very unsuitable material (an old refrigerator, television sets, plaster, etc.) has been dumped on this land. MOTION: To send a letter to Mr. Fasulo, 622 North Main Street, stating that a swamp on his land on King Street has been filled and that since the area is close to the Rumford River, such filling can be detrimental to the River. To request that the unsuitable fill be removed from this land and to invite Mr. Fasulo to discuss this matter with the Commission if he so desires. To also inform Mr. Fasulo that if no such action is taken, the Commission will be forced to issue him a Cease and Desist Order. (Royle - Sheehan, all in favor) VOTED Adjournment: MOTION: To adjourn this meeting at 10:25 PM and to set the next meeting for July 14, 1980 at 7:30 PM. (Sweet - Royle; all in favor) VOTED Accepted by 1 Date to Town Clerk_ Wetland Protection Act Hearing Summary File No. SE211-60 DATE OF HEARING: Monday, June 23, 1980 --Continued from June 9, 1980 APPLICANT Rebecca White LOCATION School Street PURPOSE To grade and seed the land after the stumps have been pulled for the purpose of farming the land. Chairwoman Webb read to the Commission Rebecca White's letter of June 18, 1980 stating that while she would not be able to provide the additional information requested by the Commission in its letter of May 12, 1980, she was not withdrawing her Notice of Intent dated May 5, 1980. Miss White then informed the Commission that it was her under- standing that the Commission had all the information they needed included in the plans for the Relocation of Route 140. Com. Sweet commented that the specific information needed for this hearing was not included in the plans supplied for the State's hearing for the Relocation of Route 140. At this point, Miss White stated that if this was the case she would mex.e ly pull the stumps and leave the land as it is. Chairwoman Webb reminded Miss White that since she is under a Cease and Desist Order, no work of any nature can take place on this property. To Mrs. Oma White's observation that the Commission seems to be putting a hardship on a small farmer, Chairwoman Webb responded that this property has not been established as agricultural land by the State. Mrs. White then countered that due to the existing circumstances, it was her feeling that the Commission should deny this request. Mr. Timothy Libby, 243 School Street, also requested that the Commission deny this project without prejudice. Com. Rys pointed out that should the Commission deny this project via an Order of Conditions, this Order of Conditions would be subject to the usual appeal process. MOTION: To make the first condition of the Commission's Order of Conditions for this project a denial of the proposal due to the lack of the information requested of Miss White in the Commission's letter of May 12, 1980 and to point out in the second condition that the Cease and Desist Order issued on January 29, 1980 in connection with this project is still valid. (Rys - Sheehan; all in favor) VOTED This hearing was closed at 8:30 PM.