HomeMy WebLinkAboutConservation Comm 09/08/1980CONSERVATION COMMISSION MINU 9P9.8 9.8 P E
MONDAY, SEPTEMBER 8, 1980
Members Present: Chairwoman Doris Webb, Paul Boyden, Dianne
Royle, Frederick Rys, Jane Sheehan, Stuart
Sweet
Minutes: The Minutes of the August 25, 1980 meeting at which ai
quorum was not present were read aloud.
MOTION: To accept the Minutes of the unofficial August 25, 1980
meeting as written.
(Sheehan - Sweet'; all in favor) VOTED
Lincoln Holrke, Jr. --Elm Street/Elm Terrace Project: Because a
quorum was not present at the August 25, 19801 meeting, it was
necessary for the Commission to make a'deci.sion concerning this
Project, for 'which 'a Cease and Desist 'Order has been in force
since November 15, ;1979.
MOTION: To send a letter to Lincoln Holske,;Jr. stating that he
has 'until October 17, 1980 either to return the land in
question to its natural state or to 'file for a Wetland
Protection Act Hearing.'
(Rys - Royle; all in favor) VOTED
J. P. Smith --The Nursery,`500 School Street: Similarly, an
official. decision concerning Mr.Smith's stockpiling operation
bad to be made.
MOTION: To send Mr. Smith a letter informing him that the
Commission has decided that he must file for a Wetland
Protection Act Hearing for his stockpiling operation at
500'School `Street and that all such work must cease
until a hearing has been held and an Order of Conditions
issued to regulate this project.
(Sheehan - Sweet; all in favor) VOTED
Willow Street Culvert: Town Engineer,; Anthony Stanzione,
requested that the Conservation Commission officially waive
the necessity of a Wetland Protection Act Hearing for the
installation of the twin 42 -inch culvert under Willow Street.
Com. Boyden pointed out that a waiver is not necessary since
all. the information had been presented' during the hearing for
the Relocation of Route 140 and that the Conservation Commission
in its Order of Conditions for this project requested the
installation of a new culvert at this location.
MOTION: To send a letter to the Town of Mansfield stating that
prior approval has been given to this project through
the Commission's Order of Conditions for the Relocation
5
CONSERVATION COMMISSION MINUTES PAGE 2
MONDAY, SEPTEMBER 8, 1980
{
( of Route 140 (File No. SE211-53).
(Boyden - Sweet; all in favor) VOTED
Carl Nelson / Edward Carl --School Street: Sidney Feldman, 858
School Street, complained to the Commission concerning large-scale
stockpiling of material on property allegedly owned by Edward
Carl and leased by Carl Nelson.. Photos were presented to the
Commission to back up Mr.-Feldman's contention that this work
has been performed within 100 feet of Hodges Brook.Mr. Feldman
also read a letter ,from Robert Powers, 860 School Street, which
stated that access to the Great Woods has been blocked by a fence
in this area. Mr. Feldman added that 60 -70 -foot -high mounds of
material are also now blocking the right of way to the Great
Woods.' Com. 'Boyden added that he had been speaking with Edward i
Carl who is very concerned about this activity.
MOTION: To send a letter to Edward Carl, 18 Villa Street,
informing him that there is a; possible Wetland Protection
Act violation on School Street property which belongs
to 'him and is leased by Carl Nelson; requesting permission
for the Commission to walk on this land in order to make
a determination about this reported violation; and
inviting him to join the Commission .on such an on-site
ins ection on Saturday , September 13, 1980 at 9:00 AM.`
_p YP
(Rys - Sweet; all in favor) VOTED
MOTION: To authorize Chairwoman Webb to write a letter concerning
the blocking of the School Street access to the Great Woods.
(Sheehan - Royle; all in favor) VOTED
Com. Boyden left the meeting at '8:30 PM.
Correspondence:,
1. September 4, 1980 letter from Donald B. Kaufman, Esq.;
requesting the Commission's written approval of the work
completed by Kenneth Rezendes at the West Street property
of Ramu Patel.
Chairwoman Webb and Com. Royle volunteered to inspect the
,property.
2. Bill in the amount of $100 from Patricia E. MacKay for 25
hours of secretarial services at $4/hr.
MOTION: To pay this bill in the amount of $100.
(Sweet - Royle; all in favor) VOTED
i
CONSERVATION COMMISSION MINUTES PAGE 3
MONDAY, SEPTEMBER 8, 1980
3. August 21, 1980 letter from Paul M. Dalton, Cabot, Cabot &
Forbes Co. informing the Commission that the new rail siding
about which the Commission had inquired was the subject of a
Wetland Protection Act Hearing in the summer of 1974 for
which an Order of Conditions and a Certificate of Compliance
were issued under File No. 211-7.
It was decided that the Commission would study this file at
the next meeting,
4. August 21, 1980 Notification from John A. Bewick, Secretary,
Executive Office of Environmental Affairs, that Wind 'Chime
Acres does not require an Environmental Impact Report.
Attached to this notification were:
A'EOEA No. 03851 which states the Office's concerns with
the high groundwater levels and high percolation rates
foundthroughout the subdivision. It also recommends
that a program for regular inspection and maintenance
of septic systems be instituted; that phosphate -free
detergents be used; and that the Massachusetts Historical
Commission be allowed to make a reconnaissance -level
archeological survey.
B. July 22, 1980 letter from Massachusetts Historical Commission
to Secretary John Bewick' suggesting that MEPA request an
archaeological survey of the planned Wind Chime Acres.
MOTION: To send a letter to DEQE stating that despite the GHR
report's OK of the Wind Chime Acres' subdivision,' the
Commission has the following concerns regarding this
project:
A. the high groundwater levels and high percolation
rates 'found throughout the subdivision;
B. 'septic system maintenance and possible gvundwater
contamination;
C. too many houses going into such a sensitive area;
D. the large amount of wetland area being filled.
(Royle - Sheehan; all in favor) VOTED
5. Copy of August 29,'1980 letter from Marydee Flynn, Chairwoman,
Great Woods Study Committee, to Town Manager Maurer submitting
voucher in the amount of $7,500 for the purchase of 2.5 acres
in the Great_ Woods.
CONSERVATION COMMISSION MINUTES PAGE 4
MONDAY, SEPTEMBER 8, 1980
Maple Park:Com. Royle reported that Constable,Lambos had
'informed her that, after checking with the Police and Fire
Departments as well as the Town Manager, he has had boulders
put in place to close off the Maple Street entrance to Maple
Park. This action was taken because chains across this entrance
have been consistently vandalized.
Bi -Monthly Meeting with Selectmen: The Commission was represented
at this meeting by 'Com. Royle who reported on:
1. the three most 'recent Wetland Protection .Act Hearings, i.e.,
Regional and Fruit Street Interceptors, Northeast Corridor
Improvement Project, and Ash Gravel Removal Project;
2. the ongoing study of the Wind Chime Acres and Woodland Park
subdivisions; and
3. the close collaboration with Town Counsel Mulcahy to resolve
without litigation long-standing difficulties with a'home
developer.
Great Woods Study Committee:_ Chairwoman Marydee Flynn submitted
bills for two appraisals of the'Vazza Footbridge Parcel, ,which the
CormTiittee has purchased.
MOTION: To pay out of the Land Acquisition Fund (126-0) the following;
two bills
A. The Appraisers Collaborative $600
B. Peter D. Tetreault $540
(Rys - Sweet; all in favor), VOTED
Clyde Phillips --Pratt Street: Chairwoman Webb reported on a
telephone conversation she had with John (?),Anderson of'DEQE
concerning Mr. Phillips' tree cutting ;in a wetland off Pratt
Street. Mr. Anderson informed Chairwoman Webb that he should
not have been told to stop this work because it is not illegal
to cut trees in a wetland --what is illegal is to dredge or fill
in a wetland. Mr. Anderson went on to say that the way to outlaw
this and other such undesirable activities is by local ordinance.
MOTION: To send a letter to Mr. Anderson stating that the Commission''
had been under the impression that tree 'cutting :in a
wetland was in conflict with Regulation 2..3'G of Chapter
131, Section 40 and requesting him to cite the case law
which overrides this regulation.
(Rys - Sheehan; all in favor) VOTED
k
CONSERVATION COMMISSION MINUTES PAGE 5
MONDAY, SEPTEMBER 8, 1980
Wetland Zoning: Com. Royle distributed copies of a letter and
hand-.out from SRPEDD dealing with wetland zoning. Chairwoman
Webb added that she had received from MEPA a copy of the wetland
zoning for the Town of Weston.
Minutes:
MOTION: To waive the reading of the Minutes of the meeting of
,July 28, 1980 and to accept these Minutes as written.
(Sheehan - Sweet,; all in favor.) VOTED
MOTION: To waive the reading of the Minutes of the meeting of
August 11, 1980 and to'accept jthese 'Minutes as written'.
(Rys - Royle; all in favor) VOTED
MOTION': To waive the reading of the Minutes of the meeting of
August 18, 1980 and to acceptthese' Minutes as written.
(Royle - Sheehan; all in favor) VOTED
Adjournment:
MOTION: To adjourn this meeting at 1.0;20 PM and to go into Executive
Session in order to discuss the proposed, purchase of land.
The ;public discussion of this matter could be detrimental
to the Commission's negotiating position and therefore an
Executive Session, closed to the public, was necessary;
(Rys - Royle; all in favor) VOTED
`i
Accepted By
Date to Town Clerk