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HomeMy WebLinkAboutConservation Comm 11/17/1980CONSERVATION COMMISSIONMINUTES PAGE 1 MONDAY, NOVEMBER 17, 1980 Members Present: Chairwoman Doris Webb, Paul Boyden, Dianne Royle, Frederick Rys, Jane Sheehan Minutes MOTION: To waive the reading of the Minutes of October 20, 1980 and to accept these Minutes as written. (Royle -Boyden; all in 'favor) VOTED MOTION: To waive the reading of the Minutes of October 27, 1980 and to accept these Minutes as written. (Boyden - Royle; all in favor) VOTED MOTION: To waive the reading of the Minutes of the Emergency Meeting held on October 29, 1980 and to ,accept lthese Minutes with corrections. (Royle -'Sheehan; all in favor) VOTED Correspondence: 1. October 28, 1980 letter from Town Counsel Mulcahy suggesting that the applicant for a Wetland Protection Act Hearing submit the $15 publication fee in addition to the $25 filing fee when 'the :Notice of Intent is filed. MOTION:` To accept Town Counsel Mulcahy's suggestion and to incorporate it into the normal Wetland Protection Act Hearing procedures. (Boyden - Rys; all, in favor) VOTED 2. November 6 , 1980 letter from Town Counsel Mulcahy regarding the Kalnins property purchase. MOTION: To send a letter to Town Counsel Mulcahy requesting that he trace the chain of title on the Kalnins property to ascertain the right of way in case the Town of Mansfield at any future time might require this, specifically for well site development, recreational use, etc. It should also be noted that the consideration and the ',grantor will remain as outlined in our October 6, 1980 letter. (Rys Boyden; all in favor) VOTED Com. Boyden intends to obtain a written committment from the Eames Agency, who is handling this sale, of the selling price agreed upon verbally with Com. Rys. CONSERVATION COMMISSION MINUTES PAGE 2 MONDAY, NOVEMBER 17, 1980 3. November 4 , 1980 Notice of Intent from Watco Development Corp. to provide office space for professional persons. The storm water drainage system .must have an outlet at the Rumford River. This Wetland Protection Act Hearing was scheduled for Monday, November 24, 198Q at '8:00 PM. 4. November 12, 1980 Notice of Intent from Fireside Realty Trust to place fill for the construction of two houses and two subsurface sewage disposal facilities* At Kelton Potter's request, this Wetland Protection Act Hearing will be held on Monday, December 1, 1980, at 8:00 PM ' 5. November 17, 1980 bill in the amount of $100 for secretarial services by Patricia E. MacKay. MOTION: To pay this 'bill in the amount of $100. (Sheehan - Rys; all in favor) VOTED 6. Memorandum from Town Manager Maurer requesting the Commission's 1981-82 budget information with the stipulation that the budget requests be 10, percent less that last yea's. Com. Rys, who is working on the budget, is not sure whether this reduction is to be taken on the appropriation or on the actual expenses for 1980-81. MOTION: To authorize Com. Rys to investigate these details and thereafter to submit an appropriate budget. (Sheehan - Royle; all in favor,) VOTED 7. Memorandum from the Finance Committee offering to meet with any Commission, etc., that anticipates extraordinary expenses in the upcoming fiscal year. 8. Copy of November 6, 1980 letter from the 'Department of the Interior and Fish and Wildlife Service to the Corps of Engineers suggesting a mitigation proposal for the Cabot Pond restoration project. A copy of this letter is to be sent to Ted Kaegael of DEQE. 9. October 17, 1980 letter from Judith Pickett, Counsel of the Conservation Law Foundation, stating that "the cutting of trees is not exempt under the state Wetlands Act, M.G.L. Chapter 131, s. 40." A copy of the letter to David White mentioned in Paul Anderson's letter will be requested and sent to Ms. Pickett.' *at 1030 and 1036 East Street CONSERVATION COMMISSION MONDAY, NOVEMBER 17, 1980 MINUTES PAGE 3 10. October 29, 1980 letter from Robert Morrison, Water Department Supervisor, stating that no vinyl -coated AC. pipe has been used :in Mansfield. 11. Memorandum from the Planning Board requesting comments on the E R E Corp. earth removal plans off Maple Street. 12. Copy of Wetlands and Flood Plain Protection District of Weston, Massachusetts, as requested. 13. Copy of November 4, 1980 letter to Mansfield Board of Selectmen from, Norton Conservation Commission stating that "it is the consensus of opinion of the Norton Conservation Commission that disposal of sludge from the new facility (wastewater plant) be implemented in Mansfield. I MOTION: To send a letter to the Board of Selectmen stating that it is the consensus of opinion of the Mansfield Conservation Commission that the sludge should not be trucked back to Mansfield not only for reasons of health but also because the economics of the situation appear to be unwarranted. (Sheehan - Royle; all in favor) VOTED 14. Copy of November 3, 1980 Cease and Desist Order issued by the Army Corps of Engineers to Elwood Shepard for his dredging and filling; work in conjunction with the creation of a pond on his property adjacent to the Rumford River. 100 Branch Street:Kelton Potter and Town Engineer Stanzione addressed Condition No. 15 of the Order of Conditions for File No. SE211-55. "The drainage occurring from and by Lot 7 (also known as 100 Branch Street) shall be directed to a storm drain/ catch basin, the location and size of which to be determined by the Town Engineer. This drainage shall be directed along the front of the property to Back Bay Brook through a closed underground system". Town Engineer Stanzione stated that as long as the grading of Lot No. 7 strictly conforms to the plan, there is no reason for installing a catch basin in this location because the runoff should enter the proposed swage before it reaches the roadway. In addition, the drainage of the lot sheds to the brook, not to the road. It was the consensus of opinion of the Commission that Mr. Potter or his engineer should submit a letter to the CONSERVATION COMMISSION MINUTES PAGE 4 MONDAY, NOVEMBER 17, 1980 Commission requesting an amended Order of Conditions and outlining the alternative they suggest to Condition No. 15. A copy of the plan should also be included. It was also noted that before a Certificate of Compliance can be issued for this project, the Commission must receive an 'as -built plan signed by the project engineer verifying that the work has been accomplished as indicated on this plan.' Watco Development Corp. - South Main Street: James Dunn of DunnEngineering Co., Inc., project engineers for the proposed professional building on the corner of South Main and Reservoir Streets, appeared before the Commission to request the Commission to send a letter to the Building Inspector indicating their approval of this project's beginning before the Wetland: Protection 'Act Hearing is held on Monday, November 24, 1980, and the Order of Conditions is issued. While this building will ;be situated 210 feet from a wetland area, the storm drainage is to be directed to the Rumford River. Some of the Commissioners balked at sending the letter requested by Mr. Dunn. In response to Com. Boyden's query as to what work could be done in the next month, Mr. Dunn explained that it would probably be site preparation and the laying of ;the cement foundation for the building. 'Com. Boyden pointed out that as long as no work is done within 100 feet of a wetland and ;providing the drainage system is not installed before the Order of Conditions is issued, this work would not fall within the Commission's jurisdiction and therefore the developers could proceed at their own risk. The Commissioners present agreed with this 'evaluation of the situation. David Opatka, Norton Conservation Director, cited nitrates, silt, and thermal shock as potential hazards to the Rumford River from this proposed building and parking lot. He suggested that the runoff be directed into the ground rather than to the River. His suggestions included the use of perforated pipe to 'direct storm drainage to large dry wells as well as the removal of curbings around the parking lot in order to allow the water to flow off the impervious surface onto the turf. Mr. Dunn contented that while it would not be feasible to direct all the runoff into the ground, he would approach his clients about modifying the storm drainage system to direct some of the runoff into the ground. Kelton Potter - Relocation of Back Bay Brook: ` MOTION: To add the following condition to the standard Order of Conditions to be issued to Kelton Potter, Trustee, Fireside Realty Trust, for his Back CONSERVATION COMMISSION MONDAY, NOVEMBER 17, 1980 MINUTES PAGE 5 ,( Bay Brook relocation project (SE211-65): During construction, the applicant shall submit progress reports to the Conservation Commission and the Town Engineer at the beginning, the mid- point, and the end of work on this project. (Sheehan Rys; all in favor) VOTED MOTION: To send a letter to Mr. and Mrs. John Martin, 70 Branch Street, informing them that it is their responsibility to keep any part of the Back Bay Brook 'which borders on or crosses their property free from organic matter, i.e., leaves, grass clippings.' (Royle - Boyden; all in favor), VOTED Capital Improvements: Coms. Boyden and Rys reported that the Capital Improvements Committee, with whom they met on Thursday, November 13, 1980, requested that the Commission rethink its capital improvements proposals for 1981-82 in light of Propo- sition 2 1/2. MOTION: To send a letter to W. Chadwick Maurer (Capital Improvements Committee) stating that the Commission is willing to reduce its request for land acquisition funding to $30,000 with the provision that if Propo- sition 2 1/2 is overridden by the Legislature, that reinstatement of the original $60,000 will be guaranteed. (Rys - Sheehan; all in favor) VOTED Great Woods Study Committee: Com. Sheehan informed the Commissionthat there has been some discussion concerning the dispersing of the Committee in light of the present state fiscal situation.' In the alternative, Marydee Flynn is looking into the legality of the Committee, while remaining ,'a legal entity, entering an inactive period. It was the consensus of the Commissioners that this dormant status would be preferable since it would allow for the (y reactivation of the Committee when the fiscal picture improves. jI0TION: To send a letter to,Marydee Flynn, Chairwoman of the 17%;; Great Woods Study Committee voicing the Commission's preference for a dormant period for the Committee and ' also suggesting that all Committee files be turned over to Town Clerk Remillard for safekeeping. (Boyden - Royle; all in favor) VOTED Adjournment: MOTION: To adjourn this meeting at 10:15 PM. (Boyde���� Rys in a or) VOTED Accepted by /(l ��� ,9 Date to Town Clerk //-PG RIO