Loading...
HomeMy WebLinkAboutConservation Comm 08/11/1980CONSERVATION COMMISSION MINUTEq AG 1 MONDAY, AUGUST 11, 1980 gQ1980 _2 ` 'orf, TV:itL K Members Present: Chairwoman Webb, Diann , Fre erick Rys (arrived at 8:30 PM), Stuart Sweet Bristol Arms --Brook Cleaning Project: Edward Stivaletta and his engineer, R.C. Southwick, submitted their revised plans in accordance with the Commission's Order of Conditions issued on June 23, 1980. Mr. Southwick explained that although he had indicated that the proposed retention area could accommodate 1.6 million gallons, this was in error and the actual capacity of this retention area would be 160,000 gallons. Mr. Stivaletta reminded the Commission that he is willing to fill in Mr. Fouracre's property if he should so desire but, Mr. Stivaletta continued, should Mr. Fouracre decide against this, it will be necessary for Mr. Stivaletta to have a temporary gravel pad built in the wetland in order to hold the machine which will clean out the retention area and the brook. Mr. Southwick also mentioned that Mr. Stivaletta plans to line the retention area with six inches of 3/4 - I -inch stone. When questioned as to the timeframe for this project, Mr. Stivaletta stated that he would like to be able to start work on this two-week project next week in hopes of completing the work in the dry season. It was the consensus of those present that the Town Engineer, Anthony Stanzione, should check the new plans presented by Mr. Stivaletta; make an on-site inspection of the area; and make his recommendations to the Commission concerning the advisability of allowing the project to move forward. Chairwoman Webb told Mr. Stivaletta that he could expect to receive a letter from the Commission concerning this project shortly. Ash Gravel Removal Project: A Wetland Protection Act Hearing was held at 8:00 PM for Charles P. and Hazel F. Ash's July 10, 1980 Notice of Intent to remove gravel from about 5.8 acres of land off Gilbert Street (File No. SE211-63). This hearing had been continued from Monday, July 28, 1980. A separate summary is on file; a tape of the hearing is also on file at the Town Clerk's office. MOTION: To continue this hearing to September 29, 1980 at 8:00 PM because the information to be provided by the Whitman & Howard study concerning the potention well site in this area is not yet available. (Royle - Sweet; all in favor) VOTED CONSERVATION COMMISSION MINUTES PAGE 2 MONDAY, AUGUST 11, 1980 Wetlands Violations Noted During Railroad Inspection: A. Chairwoman Webb reported that during the inspection, stock- piling in excess of that described to and approved by the Commission in 1976 has been taking place at The Nursery, 500 School Street. It was also noted that some clearing of brush, etc., and some filling has taken place further along School Street. Com. Rys volunteered to check on these situations to see whether any wetlands violations exist. MOTION: To authorize Com. Rys to issue a Cease and Desist Order should a violation indeed exist at either of these School Street locations. (Royle - Sweet; all in favor) VOTED B. Also noted during the railroad inspection was the construction of a siding running parallel to Norfolk Street and behind the Toyota building and within 100 feet of a swamp. MOTION: To send a letter to Paul M. Dalton of Cabot, Cabot and Forbes seeking information concerning this siding particularly whether this construction was covered in a Wetland Protection Act Hearing. (Sweet - Rys; all in favor) VOTED Northeast Corridor Improvement Project: (SE211-64) After some discussion concerning this project, the following conditions were dictated: 1. Ballast and other debris which has accumulated at the Hodges Brook crossing shall be removed. 2. The headwall at this Hodges Brook crossing shall be reconstructed to prevent further encroachment of this ballast material. This work shall be done at the inlet and the outlet of this culvert. MOTION: To include the above two conditions with the standard Order of Conditions for this project. (Sweet - Rys; all in favor) VOTED 3. No Xylene shall be used in the construction of the catenary stanchions. 4. No xylene shall be stored within the Mansfield town limits. MOTION: To include conditions numbered 3 and 4 with the Order of Conditions for this project. (Royle - Sweet; Royle, Sweet and Webb in favor; Rys opposed) VOTED CONSERVATION COMMISSION MINUTES PAGE 3 MONDAY, AUGUST 11, 1980 5. Hay bales and other precautionary methods shall be used during construction to prevent silting. MOTION: To make this the last condition in the Order of Conditions for the Northeast Corridor. Improvement Project: (Rys - Sweet; all in favor) VOTED Mrs. Jellinek - Mill Pond: Mrs. Jellinek stated that Com. Boyden had offered gravel from Mill Pond to the Selectmen earlier this year and that she has not yet received an answer to her ques- tion as to whether or not he had been authorized by a vote of the Commission to do so. Mrs. Jellinek then cited Conservation Commission Minutes of May 23, 1972 and June 13, 1972 which outlined the history of the proposed exchange of Mill Pond for some Fish and Game Association property proposed by Ralph Maloon. Mrs. Jellinek continued that it was she who proved that the land being offered by the Fish and Game Association in exchange for Mill Pond had already been taken by the Town by eminent domain in the 1950's. Mrs. Jellinek, therefore, feels a special affinity to Mill Pond and because of what she feels to have been wrong- doing in the past, she is vehemently opposed to Ralph Maloon and/ or Com. Boyden making any future plans for Mill Pond. Lincoln Holske - Elm Street/Elm Terrace: MOTION: To send a letter to Mr. Holske informing him that he has been placed on the Commission's agenda for Monday, August 25, 1980 at 8:00 PM in order to afford him an opportunity to explain his intentions for this land on which there is an existing violation. (Rys - Royle; all in favor) VOTED Albert Fasulo - King Street: Com. Royle volunteered to revisit this property to ascertain whether or not the unsuitable fill has been removed as the Commission had requested. Ammidown - Hicks _ School Street: It was, decided that Mrs. MacKay should check with the Town Manager's office to see if any action has been taken on this matter. Beachwood Estates - Lots 20 and 26: Peter O'Brien, attorney for the sellers of the houses built on these two lots, requested that the Commission, since it has not been able to issue Certificates of ComrR ance for these lots because the subdivision drainage has not been completed, write a letter which he could show to the bank stating that although Certificates of Compliance have not been issued for these particular lots, the work so far completed is in compliance with the Order of Conditions and that as soon as the drainage is CONSERVATION COMMISSION MINUTES PAGE 4 MONDAY, AUGUST 11, 1980 completed Certificates of Compliance will be issued. MOTION: To request Town Engineer, Anthony Stanzione, to make an on-site inspection of these two lots and give his recommendations to the Commission concerning the advisability of writing such a letter. (Rys - Royle; all in favor) VOTED Conservation Land: Com. Rys requested authorization from the Commission to hire appraisers for the two necessary appraisals of the Kalnins property which the Commission hopes to purchase. Com. Rys noted that these appraisals,which must be in by August 31, will cost between $400 - $600 each. MOTION: To authorize Com. Rys to engage two appraisers to make the necessary appraisals of the Kalnins property at a cost of $400 - $600 each. (Sweet - Royle; all in favor) VOTED Correspondence: 1. Notice from the Planning Board of the MEPA on-site inspection of Wind Chime Acres on Tursday, Autust 14, 1980 at 2:00 PM. It was decided that Mrs. MacKay should contact Coms. Boyden, Meszoely, and Sheehan as well as several of the abutters who had attended the Commission's hearings on this project to notify them of this inspection and the meeting to follow at the Town Hall. 2. Bill in the amount of $14.28 from Bristol Office and School Supply for six cassette tapes. MOTION: To pay this bill in the amount of. $14.28. ( Sweet - Rys; all in favor) VOTED 3. Notification from Leon Grant that the Order of Conditions for File No. SE211-52 was recorded at the Registry of Deeds on July 18, 1980. 4. July 31, 1980 letter from Donald B. Kaufman stating that Mr. Rezendes has agreed to remove the unsuitable material from the Patel property at 300 West Street as the Commission had requested. Mr. Kaufman also requested a week's grace period on the deadline in the hope that the work will be completed within that time. The Commission agreed to withhold action on this matter for a week. CONSERVATION COMMISSION MINUTES PAGE 5 MONDAY, AUGUST 11, 1980 i 5. Copy of a July 31, 1980 letter from DEQE TO Rewlew Trust stating that DEQE feels that the work done in connection with the relocation of the brook has been done in compliance with the Superceding Order of Conditions. After the Commissioners studied the plans for this project again, Chairwoman Webb stated that she would call DEQE and express the Commission's grave concerns regarding this subdivision. It seemed to the Commissioners that only the plans for the brook were available for the State when they issued their Superceding Order of Conditions. The Commissioners differed in their opinions as to whether the overseeing of the rest of the project now that the brook has been relocated is the responsibility of the Commission or DEQE. MOTION: To authorize Chairwoman Webb to speak with Marydee Flynn of the Planning Board and with DEQE staff members regarding this matter and to also authorize Chairwoman Webb to write any letters deemed necessary after these conversations. (Rys - Royle; all in favor) VOTED Adjournment: MOTION: To adjourn this meeting at 11:05 PM and to hold the next meeting on Monday, August 25, 1980 at 7:30 PM. (Sweet - Rys; all in favor) VOTED Accepted By A - Date to Town Clerk /C — pem