HomeMy WebLinkAboutConservation Comm 09/22/19801
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CONSERVATION COMMISSION MINUTE E l
MONDAY, SEPTEMBER 22, 1980 � 9 - 19 Q , `
( i"Oth+N �L.... �
Members Present: Chairwoman Doris Webb, Paul Boyden, -ia 12s
Meszoely, Dianne Royle, Jane Sheehan
Michael Davidson --:Eagle Scout: Chairwoman Webb reported that
Michael Davidson had contacted her about an Eagle Scout project
and had suggested that he might clean Fulton Pond Park. Since
Chairwoman Webb did not think such a job was necessary, she told
Eagle Scout Davidson that she would get back to him with other
suggestions. Com. Meszoely reported that he had had a conversation
with a representative of the Fish and Game Association who suggested
that one or two simple piers or wharves built out into Sweets
Pond would be appreciated by people fishing the pond. It was the
consensus of the Commission that this was a good idea and Chairwoman
Webb stated that she would make this suggestion to Michael Davidson.
Com. Meszoely volunteered to oversee the project.
Pond on East Street: Com.Sheehan reported that in response to a
call from Carolyn Gilligan of 1282 East Street, she had inspected
a small pond on East Street which has completely dried up 'leaving
many varieties of dead fish behind.
r Mrs. Robert Waters Willow Tree: Mrs'. Robert Waters, 591 Ware'
Street,' contacted the Commission to offer as a gift a newly
purchased ten-foot willow tree which she now finds is not a good
variety; to plant near her 'home, <Com. Rys will pick up the tree
and plant it in the Sweet Conservation Land next weekend,
Ramu Patel -- 300 West Street: Donald B. Kaufman, Esq., Attorney
for Ramu Patel, appeared before the Commission to request :a letter
stating whether or not the. Commissioners are satisfied with the
removal of unsuitable material on his client's property by K. R.
Rezendes, Inc., General Contractor. Chairwoman Webb as well as
Coms. Boyden, ;Royle, 'and Meszoely had viewed the property since
the work had been completed and found the work to be done to
their satisfaction.'
MOTION: To send a letter to Ramu Patel via his attorney, Donald
B. Kaufman, stating that. the Commission is satisfied witil
the removal of the material from 300.West ':Street 'b-v
K. R. Rezendes, Inc., General Contractor.
(Boyden - Meszoely; all in favor) VOTED
Kenneth Morse -- _Woodland Park: Mr. Morse appeared on behalf of
his parents, Cecil and Edna Morse, 253 Branch Street, in order to
explain their grievances in connection with the Rewlew Trust
(Woodland Park) relocation of Back Bay Brook. Com. Boyden noted
CONSERVATION COMMISSION MINUTES PAGE 2
MONDAY, SEPTEMBER 22, 1980
that he had received a telephone call concerning this same subject
from Warren Morse and an attorney, Chairwoman Webb reported
that Marydee`Flynn, iChairwoman of the Planning Board, had informed
her that the attorney for Rewlew Trust had requested official
permission, since they already have permission from Mr. and Mrs.
Morse, to spread out the material stockpiled along the relocated
brook 'rather 'than remove it off-site.
Kenneth Morse showed the Commission a May 1976 document signed by h9
parents which gave Rewlew'Trust 'a 40-foot easement through which
they could relocate the Back Bay Brook "in a'neat and workmanlike
manner." Mr. Morse stated that:
1. Because of the depth and width of the new brook, five
acres of his parents' land have been effectively cut off
from the rest of their property;
2. A 20 - 30-foot swarth of trees has been cut on either side
of the new 40-foot-wide ;brook.
3. During the deepening and widening process, his parents'
property was infringed upon up to 900. feet.
Rewlew Trust has recently requested that the Morses grant them
permission to cut down more trees in order to allow heavy equipment
to remove the stockpiled material. Mr.and Mrs. Morse did not
give them this permission but apparently did ;give them permission
to spread the excess material on'their `land. 'Kenneth Morse stated
that he has been advised thatthis Last, agreement to spread the
excess material may not be binding.
Chairwoman Webb briefly outlined the history ;of the Conservation
Commission's involvement with Woodland Park. She explained that
the State has ordered Rewlew Trust to remove, not spread, the
stockpiled material, and that since such a spreading operation
would take place within 100 feet of the relocated brook, it would
require a Wetland Protection Act Hearing. Cam. Boyden suggested
to Kenneth Morse that while this aspect of the situation is of
-concern to the Commission, he would be best advised to seek legal
counsel concerning his parents' rights vis-a-vis Rewlew Trust.
Kenneth Morse said that such counsel has already been sought and
that he would keep the Commission informed of any developments,
Chairwoman Webb stated that she would speak with Chairwoman Flynn
concerning the spreading of the excess material on the Morse
property.
I
CONSERVATION COMMISSION MINUTES PAGE 3
MONDAY SEPTEMBER 22, 1980
Correspondence:
1. Superseding Order of. 'Conditions together with a cover letter
addressed to Ronald S. Bonvie for Wind Chime Acres.
2, September 16, .1.980 letter from Town Engineer Stanzione
regarding Bristol Arms' stream cleaning project. Town
Engineer Stanzione stated that while the field work is
acceptable, a twin 36 --inch aluminum culvert at Erick Road
has some collapsed top sections that should be corrected
and before any future traffic uses the roadway area over the
culvert, the culvert area should have a cap.
MOTION: To send a copy of the Town Engineer's memo to Edward
Stivaletta, together with a cover letter stating that
the Commission cannot issue a Certificate o£'CompliaM.,�
until this culvert has been repaired
(Boyden - Royle; all in favor) VOTED
I
N.B. On September 23 1980, Town Engineer Stanzione reported
that Edward Stivaletta had agreed to replace this culvert with
a squash culvert and to place it at the proper invert. Chairwomen
Webb, therefore, instructed Mrs. MacKay to send a letter to
Edward Stivaletta confirming this information rather than the
outdated lettermentioned above.
Chairwoman Webb reported that she had received a call from
Alice Flint, 801 East Street', who is quite concerned that the
stream cleaning protect at Bristol Arms is not going to alleviate
the the ponding of water in the Flint's field adjacent to the
apartment complex.
MOTION: To send a letter to Town Manager Maurer.with'
copies to Alice Flint and Town Engineer Stanzione
requesting possible solutions to the ponding
problem on the Flint property.
(Sheehan - Boyden; all in favor) VOTED
3. September 18, 3980 memo from Town :Engineer Stanzione requesting
the status of Lot 16, No. 47 Tanya 'Drive '(Magna Vista II).
MOTION: To postpone consideration; of this request until Town
Engineer Stanzione can personally explain the, purpose
of this request and to invite Town Engineer Stanzione
to do so at the next meeting.
>x (Boyden - Meszoely; all in favor) VOTED
n
CONSERVATION COMMISSION MINUTES PAGE 4
MONDAY, SEPTEMBER 22, 1980
4. Notice of Intent dated September 18, 1980; together with a
check in the amount of $25 from Kelton Potter, Fireside
Realty Trust, for the relocation of Back Bay Brook at
Branch 'Street.
MOTION: To schedule a Wetland Protection Act Hearing on
this Notice of Intent for 'Monday, October 6, 1980
at 8:00 PM.
(Royle Sheehan; all in favor) VOTED
MOTION: To send a letter to Town CounselMulcahy with a
copy to Town Manager Maurer requesting, that he take
the necessary action to have Kelton Potter remove
the fill from 1030 and 1036 East Street.
(Royle'- Sheehan; all in favor) VOTED
5. Bill from The Appraisers Collaborative for the appraisal of
the Kalnins property in the amount of $600.
6. Bill from Peter D. Tetreault for the appraisal of the Kalnins
property in the amount of $500.
MOTION: To pay the following two hills from the Land`
Acquisition Bund - I26-0:
1. The Appraisers Collaborative - $600
2. Peter D. Tetreault $500
(Meszoely - Boyden; all in favor) VOTED
Mansfield Capital'Improyenient Program Forms:` Com. Rys filled out
the forms. Com. Boyden suggested that the Restoration of Mill
Pond Dam be added to the Schedule of Proposed Projects with an
estimated total cost in 1981 of $15,000 with the note that a
major portion of these monies can be recouped through the sale
of the superfluous material.
MOTION: To approve and submit the Capital Improvement Program
forms as filled out with the addition of the Mill Pond
Dam Restoration in the amount of $15,000 together with
the explanatory note.
(Royle - Meszoely; all in favor) VOTED
Carl Nelson --'School Street: Carl Nelson was accompanied by
Ralph Maloon who presented a sketchy outline/,plan of Hodges
Brook and Mr. Nelson's property. Mr. ,Nelson 'explained that
the Army Corps of Engineers had been investigating this project
also since Hodges Brook is under their; jurisdiction since it is
a stream that drains three square miles or more. Carl Nelson,
CONSERVATION COMMISSION MINUTES PAGE 5
MONDAY, SEPTEMBER 22, 1980
who owns or controls 22 acres in this area, has been stockpiling
material from building sites in the industrial park, most of which
will ultimately be returned to the park as it is needed.
It was the consensus of the Commissioners that the plans submitted
with Mr. Nelson's Notice of Intent for this project should include
the following:
1. All land to be used;
2. Delineation of controlled vs. owned land;
3. Abutters;
4. Existing and proposed two-foot contours as well as of
areas that are not to be used;
5. Where the material will be stored;
6. Nature of the material to be stored.
Carl Nelson and Elwood Shepard -_ Extension of Cabot- Pond_: Messrs.
Nelson and Shepard are proposing to extend Cabot Pond, presently
being restored by Messrs. Willis and Chavaree on Mr. Shepaz-I's
property. When Mr, Nelson suggested that because Mr. Shepard
is a farmer this project might be exempt from the Wetland
Protection Act, the Cormnissioners explained that since the;
extension of this pond is not directly related to farming and
because this project will involve excavation, it will require
the usual process of a public hearing and an Order of Conditions.
When queried as to the application of the new Town 'Zoning By-Law
which prohibits the digging of ponds, Mr. Nelson explained that
he had submitted a Form A Plan for the project prior to the enact-
ment of the new law.' The next question raised by the Commissioners
concerned the effect of this extension on the hydrological work
presented by Dr. Carr for the restoration of Cabot Pond. Ralph
Maloon stated that the effect would be negligible. The proposed`
pond extension would cover 5.7 acres of Mr. Shepards 1.5-acre
farm property.
MOTION: That Messrs. Nelson and Shepard file -a Notice of Intent'
in connection with their extension of Cabot Pond project.
(Boyden — Sheehan; all in favor) VOTED
Adjournment:
MOTION: To adjourn this meeting at 10:00 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.
(Boyden - Royle; all in favor)- VOTED
Accepted by Bate to Town Cleric