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HomeMy WebLinkAboutConservation Comm 09/22/19801 RCE1` 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