HomeMy WebLinkAboutConservation Comm 08/11/1980CONSERVATION COMMISSION MINUTEq AG 1
MONDAY, AUGUST 11, 1980 gQ1980 _2 `
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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
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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 —
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