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HomeMy WebLinkAboutConservation Comm 07/14/1980CONSERVATION JULY 14, 1980 fi a j U evl PAGE 1 Members Present: Chairwoman Doris Webb, Paul Boyden, Dianne Royle, Frederick Rys, Jane Sheehan Correspondence: 1. Copy of Rebecca White's July 2, 1980 letter to DEQE appealing the Conservation Commission's Order of Conditions for File No. SE211-60. 2. DEQE's July 7, 1980 advisory that the Commission's Order of Conditions for File No. SE211-60 has been appealed. 3. July 9, 1980 notification of DEQE's on-site meeting in order to issue an appropriate Superseding Order of Conditions for File No. SE211-60. This meeting is scheduled for Thursday, July 24, 1980 at 1:00 PM. 4. June 30, 1980 bill from Mansfield Press, Inc. for the publication of hearing notices. MOTION: To send copies of this bill to the applicants who are responsible for the advertising fees incurred in connection with their hearings. To send the Town of Mansfield, applicant in the hearing for the Regional and Fruit 'Street Interceptors, a copy of this bill requesting that they pay for the usual hearing notice in the amount of $17.50 as well as the $35 charge for the additional notice which was published listing all the abuttors to this project. (Boyden - Sheehan; all in favor) VOTED 5. July 11, 1980 memo from the Planning Board regarding the Henley -Lundgren Earth Removal Project. Since the Conservation Commission had informed the Planning Board that this project would extensively affect it's Order of Conditions because of the removal of the buffer area, the Planning Board is informing the Commission that the buffer area discussed in this application is not the buffer around the pond but rather the buffer between the Gray and Clemmey properties, approximately 1,000 feet away from the pond. 6. July 14, 1980 message from Paul Fleuriel, The Henley -Lundgren Company, enclosing a copy of a letter sent to him by Ralph Maloon, RIM Engineering Company, dated July 14, 1980 which states that "it is very unlikely that the removal of gravel from the buffer strip would have any effect on the pond." Mr. Fleuriel also offered to appear before the Commission if any me information was needed. CONSERVATION COMMISSION MINUTES PAGE 2 JULY 14, 1980 It was decided that no decision could be made in this matter until the plans were studied further. 7. Notice from the Mansfield Zoning Board of Appeals that they have granted Marcus Wiese the variance he requested to move a house to 2 Oak Street, a location 70 feet from Hodges Brook. 8. Copy of DEQE's July 2, 1980 letter to Rewlew Trust granting them an extension to the Superseding Order of Conditions for File No. SE211-44 (Woodland Park). James Kelly, attorney for Rewlew Trust, expressed his concern to Com. Boyden regarding the limitations of this extension -- it "does not include work related to filling in the area of the original brook bed or the placement and removal of the existing stockpiled spoil materials. Any other work ... shall require a new filing." Attorney Kelly had apparently been under the impression that DEQE had granted Rewlew 60 days within which to remove these materials. It was agreed that Mr. Kelly should be invited to the Commission's next meeting to discuss this matter and that no action should be taken until after such discussion takes place. 9. July 14, 1980 memo from Town Engineer Stanzione stating that the filling of Lot No. 1407, Plantingfield Road is above the stipulated 124.0 and therefore acceptable. Ronald Bonvie appeared before the Commission to request that a Certificate of Compliance be issued for this lot. MOTION: To issue a Certificate of Compliance for Lot No. 1407, Plantingfield Road, since it has been field checked and approved by the Town Engineer. (Royle - Boyden; all in favor) VOTED 10. Notice of Intent dated July 10, 1980 together with a check in the amount of $25 from Charles P. and Hazel F. Ash for their gravel removal project. Com. Boyden removed himself from this discussion since members of his family own property adjoining this Ash property. Com. Rys agreed to peruse the Notice of Intent and to conduct a tour of the proposed project site for the Commissioners. CONSERVATION COMMISSION MINUTES PAGE 3 JULY 14, 1980 i Northeast Corridor Improvement Project: Donald C. Smith, Federal ' Railroad Administration, Robert S. DeSanto, DeLeuw, Cather/Parsons & Associates, Northeast Corridor Program Managers, and Tammy Rupp made a slide and oral presentation to the Commission describing the proposed work to be done within the 130 - 150 -foot -wide railroad right of way in Mansfield. Literature was also left for the Commissioners' education concerning this project. This project, which has a projected completion date of June 1985, will involve three types of work: (1) maintenance of drainage structures, i.e., culverts, ditches, etc.; (2) erection of catenary poles; (3) con- struction of aielectric sub -station in Mansfield. While none of this work will be performed in a wetland, much of it will fall within 100 feet of a wetland. MOTION: Since this propos ed work will be performed within 100 feet of a wetland and in order to provide a public hearing for this extensive project, a Wetland Protection Act Hearing will be required. (Rys - Sheehan; all in favor) VOTED At this point, Mr. Smith delivered to the Commission a Notice of Intent for this project together with background material including several pages of color -coded diagrams of the proposed work. The Wetland Protection Act Hearing was set for 8:00 PM on Monday, July 28, 1980. (A check for $25 was also delivered to the Commission.) Kelton Potter's Projects: Mr. Potter appeared at the meeting together with his attorney, Edward Modiste, and his engineer, Ralph Maloon; Town Counsel, Charles Mulcahy, also was in attendance. Mr. Modiste briefly sketched the facts surrounding the Wetland Protection Act Hearing for 100 Branch Street (SE211-55) and the unclaimed Order of Conditions. He also reviewed his correspondence with Town Counsel Mulcahy concerning this matter. Mr. Mulcahy, in turn, reiterated his opinion that the 10 -day appeal period for this Order of Conditions has long since lapsed but that if Mr. Potter and his attorney desire to do so, they are certainly free to attempt to appeal this Order of Conditions.At this point, Attorney Modiste suggested that perhaps the Commission would be willing to accept another filing of a Notice of Intent for this project. It was the consensus of the Commissioners that they would not be willing to accept such a filing since the procedures stipulated by the Wetland Protection Act had been adhered to by the Commission, which has fulfilled its legal obligations concerning this project. Ralph Maloon then presented Mr. Potter's plan for Lot H, Branch Street (directly across the street from Lot 8), which calls for the develo -it of this lot with a single-family house 95 feet CONSERVATION COMMISSION MINUTES JULY 14, 1980 PAGE 4 from Back Bay Brook, a leach field 82 feet from Back Bay Brook, and filling and grading of the lot to the lot line, which is 40 feet from Back Bay Brook. MOTION: Since this project will involve working within 100 feet of Back Bay Brook, a Wetland Protection Act Hearing will be required. (Rys - Royle; all in favor) VOTED In addition, Mr. Maloon explained Mr. Potter's proposal to relocate Back Bay Brook behind Lots 4, 5 and 6 on Branch Street. Although these lots would be buildable with Back Bay Brook in its present location, they would be more saleable were the brook removed from their boundaries. While Messrs. Maloon and Potter are aware that such a proposal would require a Wetland Protection Act Hearing, they requested permission to include this proposal in the Notice of Intent for Lot H. It was the consensus of the Commission that this could be done. Mr. Modiste asked the Commission whether it would be in order for Mr. Potter to file a Notice of Intent in connection with his East Street project. The Commissioners and Mr. Mulcahy agreed that this would be a most advisable course of action. Great Woods Study Committee: Marydee Flynn informed the Commission that Justin Radlo, Chief Engineer of the Mass. Department of Public Works,had told her in a telephone conversation that the State will, indeed, build a footbridge over Route 495 since this footbridge is included in the Environmental Impact Statement. Mr. Radlo agreed to send a letter confirming this information. Chairwoman Flynn, therefore, requested a formal vote of the Conservation Commission allowing her to purchase the land from Mr. Vazza, which is a pre- requisite for the erection of this footbridge. MOTION: To authorize Marydee Flynn, Chairwoman of the Great Woocb Study Committee, with the legal assistance of Town Counsel, Charles Mulcahy, to proceed with the purchase of the parcel of land from Mr. Vazza at the price of $7,500. (Sheehan - Royle; all in favor) VOTED Com. Boyden strongly urged that the metes and bounds be placed to mark this property. Marydee Flynn will notify the Commission when the details have been worked out and the papers are to be passed since at least a quorum of the Commission must sign these papers. Airport Improvement Project: Mrs. Jellinek quoted from a 1971 Airport Master Plan which suggested that a fuel separator be installed the fueling apron of an airport in order to prevent CONSERVATION COMMISSION MINUTES PAGE 5 JULY 14, 1980 fuel spills from draining directly into natural water bodies. Mrs. Jellinek has written to the Airport Commission urging the installation of such a retainer even though this was not included in the plans presented to the Conservation Commission, particularly since the Federal Government should pay 85 percent of the cost. Mm. Jellinek suggested that the Conservation Commission send a letter to the Airport Commission supporting her request. Com. Boyden pointed out that Mrs. Jellinek was quoting from a Master Plan not a set of specifications drawn up by the Federal Government. He also explained that the fuel separator or retainer was being suggested for a fueling apron while the proposal presented was for a tie -down or parking apron on which no fueling is to be done. Com. Boyden went on to say that he agrees with Mrs. Jellinek's basic idea and wonders whether such a separator exists in the fueling area of the airport. Chairwoman Webb expressed her wish that the Commission in some way support Mrs. Jellinek in this matter. MOTION: To postpone any action on this matter until Mrs. Jellinek notifies the Commission of any reply she receives from the Airport Commission. (Boyden - Sheehan; all in favor) VOTED Mrs. Jellinek also reported that she had seen a truck loaded with roots and stumps turn off School Street, apparently to fill in a wetland. Com. Rys agreed to investigate. Camelot at Mansfield: It was agreed that a memo should be sent to the Planning Board requesting an up date on the status of this project. Sweet Conservation Land: Com. Rys reported that Ralph Dorr had approached him requesting permission to hay the Sweet field. There would be no charge to the Town other then Mr. Dorr's taking the hay. MOTION: To allow Ralph he cuts. (Rys - Sheehan; Adjournment: Dorr to hay the Sweet field and keep the hay all in favor) MOTION: To adjourn this meeting at 10 Monday, July 21, 1980 at 7:30 (Royle - Rys; all in favor) Accepte( y VOTED 40 PM and to meet again on PM. VOTED