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HomeMy WebLinkAboutConservation Comm 01/05/1981CONSERVATION COMMISSION MINUTES MONDAY, JANUARY 5, 1981 Members Present: Chairwoman Doris Webb, Coms. Paul Charles`Meszoely, Frederick Rys, Jane Shee Stuart :Sweet*' * Coms. Royle and Sweet have been reappointed to the Commissio the Board of Selectmen. Com. Sweet attended this meeting in Minutes: Com. Meszoely read the Minutes of December 8, 1980. MOTION: To accept these Minutes with corrections. (Sheehan - Boyden; all in favor) VOTED Tree Cutting - 280 School Street: Rebecca White appeared before the Commission to protest the December 18, 1980 cutting of six large trees on her lot line by Ropes & Saddles, a Brockton firm' under contract to the Town for a tree cutting project --a project with a contracted completion date of November 1980. Ms. White contends that this operation was riot only in violation of the Wetland Protection Act since the trees were located within 100 feet of a wetland but also violated Chapter 87 of the Mass. General Laws, ;the Public Shade Tree Act. Ms. White stated that she had complained about this tree cutting on December 18 to the Highway Department and on the 19th to the Town Manager. On her attorney's advice, Ms. White obtained a copy of the Ropes & Saddles contract with the Town; Mr. Maurer informed her, however, that the list of trees to be affected had been expanded orally. Ms White mentioned that during last summer she had requested the Town to trim some dead limbs from these trees and had been informed by Mr. Colella that the trees were on her property and therefore her responsibility. MOTION: To send a'letter to the Town Manager with -a copy to the Board of Selectmen (1) informing him of Rebecca White's complaint; (2) apprising him of the fact that the tree- cutting violated the Wetland Protection Act as well as the Public Shade Tree Act; (3) requesting; him and Tree Warden Bonome to attend the Commission's January 12, 1981 meeting to explain the reason for the tree cutting; and (4)t requesting that in the future the Commission be informed prior to any similar projects. (Meszoely;- Rys all in favor) VOTED MOTION: To issue a Cease and Desist Order to the Town of Mansfield for the cutting; of trees at 280 School Street within 100 feet of a wetland.' (Sweet - Boyden; all in favor) VOTED I him blaze a trail into Vie Kalni.ns property. MOTION: To authorize Com. Rys today out a trail into the Ralnins Conservation Land with the help of the scouts. (Meszoely - Boyden; all in favor) VOTED 2. December 15, 1980 letter from Whitman & Howard, Inc. inquiring as to whether a formal Notice of'Intent `will be necessary for the proposed pumping; stations off East Street. MOTION: To request Whitman & Howard to file a formal Notice of Intent for this project. (Rys - Meszoely; all in 'favor) VOTED 3. December 15, 1980 letter from Edward Stivaletta with as -built plans of Bristol Arms stream cleaning project. It was suggested that before any action is taken on this matter the Fouracres should be consulted as to the affect of this work on their property. 1 CONSERVATION COMMISSION MINUTES PAGE 2 MONDAY, JANUARY 5, 1981 Scout Projects: Com. Meszoely is going to obtain plans for a fishing pier ;and wood duck nesting boxes from the Department of Natural Resources. Maple ParkF Com. Meszoely reported that Richard Lambos is extremely concerned about the unauthorized traffic and the accompanying damage; to Maple Park resulting from the entrance to the Park not being adequately, blocked by those working on the well sites. Com. Meszoely volunteered to visit the, park in order to give the Commission his assessment of the situation. Position of Town Engineer` MOTION: To send a letter to the Town Manager and the Board of Selectmen stating that the Commission requires the services of a registered engineer in order to discharge its legal duties in a responsible fashion and that, therefore,; the Commission would like to have the 'position of Town Engineer filled as soon as possible. (Webb - Sheehan; all in favor) VOTED Correspondence: 1. December 12, 1980 letter from Town Counsel Mulcahy requesting him blaze a trail into Vie Kalni.ns property. MOTION: To authorize Com. Rys today out a trail into the Ralnins Conservation Land with the help of the scouts. (Meszoely - Boyden; all in favor) VOTED 2. December 15, 1980 letter from Whitman & Howard, Inc. inquiring as to whether a formal Notice of'Intent `will be necessary for the proposed pumping; stations off East Street. MOTION: To request Whitman & Howard to file a formal Notice of Intent for this project. (Rys - Meszoely; all in 'favor) VOTED 3. December 15, 1980 letter from Edward Stivaletta with as -built plans of Bristol Arms stream cleaning project. It was suggested that before any action is taken on this matter the Fouracres should be consulted as to the affect of this work on their property. 1 CONSERVATION COMMISSION = MINUTES PAGE'3 MONDAY, JANUARY 5, 1981 4. December 10, 1980 letter from Town Counsel Mulcahy enclosing a copy of the Injunction issued to Kelton Potter for East and Branch Streets last April. December 11, 1980 letter from Martin Cahill, 1024 East Street, requesting that he be informed of any appeal of the Order of Conditions for these East Street lots. Copy of 'Kelton Potter's December 16, 1980 appeal of the Commission's Order of Conditions for 1030 and ':1036 East Street. December 23, 1980 notice from DEQE of Mr. Potter's appeal. While Mrs. MacKay has already notified Mr. Cahill of Mr. Potter's appeal, it was suggested that he also be sent copies of the official appeal and DEQE's notice. MOTION: To send a letter to DEQE;enclosing (a) copies of neighbors' written testimony concerning the wet condition of these lots; (b) arcopy of the hearing summary; and (c) a copy of the injunction issued to Mr. Potter in regard to these lots. To also MOTION:: That Com. Royle prepare this report and clear it with Chairwoman Webb before submittal. 7. December 11, 1980 request from Conservation Law Foundation' for a $50 membership contribution. MOTION:To make a $50 membership contribution to the Conservation Law Foundation. (Rys',- Sheehan; all in favor) VOTED CONSERVATION COMMISSION MINUTES PAGE14 MONDAY, JANUARY 5, 1981 8. December 22, 1980 Notice of Intent from John P. Smith for his 500 School Street stockpiling operation and the construction of a garage. MOTION:To schedule a Wetland Protection Act Hearing on this Notice of Intent for January 12 1981 at 8:30 PM. (Sheehan - Rys; all in favor) VOTED 9. Atty. Peter F. O'Brien hand delivered at written request to Chairwoman Webb for Certificate of Compliance for Lot Nos. 2,0, 25, and 26 at Beachwood Estates. MOTION: I To send a memo to the Planning lBoard 'requesting the status of this project, i.e., whether the drainage structures and the pipe ;work have been properly accomplished. (Boyden - Sheehan; all in favor) VOTED Notary Public: i MOTION: On recommendation of Town Counsel Mulcahy, to pay any reasonable fees in connection with Mrs. MacKay''s'becoming a Notary Public(such office only to, be used in connection with her duties as Conservation Commission secretary). ; i (Rys - Meszoely; all in favor) VOTED ` Libbey Memorial: Com. Boyden reported that he has contacted the i Lions Club concerning this project. Com. Boyden suggested that the stone be obtained from the company he has contacted and noted that the remaining', consideration is the exact wording of the } inscription.' Cabot, Cabot & Forbes: Mrs. MacKay received a call from ':a Mr. 10 -acre parcel on Norfolk Street which contains a 50' X 50' wet area was included in the Cabot, Cabot & Forbes 1973 Wetland Protection Act Hearing as he had been advised. The Commissioners decided that in order to ascertain the status of this parcel they would need a plan of the land and the Cabot, Cabot & Forbes file from the basement. Adjournment:' MOTION: To ;adjourn this meeting at 9:30 PM g (Meszoely - Sheehan; all in favor) VOTED r Accepted by y ', s Date to Town Clerk