HomeMy WebLinkAboutConservation Comm 01/26/1981CONSERVATION COMMISSION MINUTES PAGE 1
MONDAY, JANUARY 26, 1981
Members Present: Chairwoman Doris Webb, Coms. Paul Boyden,
Charles Meszoely, Dianne Royle, Stuart Sweet
Minutes: Com. Royle read the Minutes of January 12, 1981 aloud.
MOTION: To accept these Minutes of January 12, 1981 with corrections.
(Royle - Sweet; all in favor) VOTED
Mrs. Jellinek - Road Salting: Mrs. Jellinek informed the Commission
that Mansfield is the only town along Route 95 which has a well
in the vicinity of this highway. She went on to explain that the
Mass. DPU's road de-icing operations consist of two steps: first,
only salt is spread on the roadway and later a mixture of sand
and salt is put down. Mrs. Jellinek contends that the Town could
simply request that the state DPU not spread the salt alone on the
highway in the vicinity of the Plain Street overpass but only
use the sand and salt combination in this area. Signs might
be needed to warn motorists of the possibility of a change in
road conditions in this area.
Mrs. Jellinek went on to urge the Commission to request funds in
the Town Warrant to purchase a container for the storage of road
salt* At its present location outdoors, up to 25 percent of this
road salt can leak into the ground and Mrs. Jellinek is very
concerned about the cyanide, which is present in all road salt
used in Massachusetts, finding its way into our water supply.
The Commissioners generally agreed that while this is definitely a
serious problem, it is .not within the realm of the Commission to
request funds for such a purpose.
*instead of funds to purchase conservation land.
Carl Nelson - School Street Project: A Wetland Protection Act
Hearing was held for this project (SE211-69) at 8:00 PM. A
summary of this hearing is filed separately; a tape of the hearing
is also on file with the Town Clerk.
MOTION: To continue this hearing until such time as the Commission
receives letters from Edward Carl and any others whose
property is involved in this project granting Mr. Nelson
permission to do the work as proposed.
(Meszoely - Royle; all in favor) VOTED
Ralph Maloon - Ash Project: Ralph Maloon, engineer for this
gravel removal project, showed the Commissioners possible ways
he had roughed in on the original plans to accommodate the
sometimes conflicting orders and recommendations issued for this
project by the Conservation Commission, the Planning Board, and
Whitman & Howard. The method which would adhere most closely
Com. Boyden excused himself from this discussion.
CONSERVATION COMMISSION MINUTES PAGE 2
MONDAY, JANUARY 26, 1981
to the Commission's Conditions would still require that the
Commission modify Condition No. 14 which deals with the planting
of evergreens. Condition No. 14 had been intended to protect the
nearby well site from gravel pit drainage; Whitman & Howard has
stipulated that a ditch be dug to carry such drainage beyond the
well site. Therefore, the purpose of this condition is being
satisfied.
MOTION: Upon receipt of revised plans for this project --such
plans to reflect the planting of evergreens at 10 -foot
intervals along the drainage ditch --to issue an amended
Order of Conditions substituting the new arrangement
of evergreen planting for that stipulated in the original
Order of Conditions.
(Meszoely - Sweet; all in favor) VOTED
Highland Avenue - Tree Cutting: Robert Malone of Grossman
Industrial Properties, Inc. appeared before the Commission in
response to the Cease and Desist Order issued by the Commission
on January 12, 1981 because of tree cutting within 100 feet of a
wetland on Highland Avenue property owned by this company. Mr.
Malone informed the Commission that he had given David Vangel and
later Thomas D. Withee, Jr., written authorization to enter, cut,
and remove wood from this land for a stipulated price. It had
been verbally agreed that trees would be cut to six inches. When
Mr. Malone had not heard from either man in quite some time, he
looked into the matter and found that David Vangel had signed
over his rights to cut wood on this property to John A. Girard.
Coms. Boyden and Royle briefly outlined the history of the
Commission's connection with this matter, dating from the fall
when Mr. Vangel sought the Commission's permission to begin cutting
in this area which included a wetland and his more recent request
that the Commission issue a Cease and Desist Order for the
irresponsible tree cutting of his partner.
Mr. Malone asked the Commission what his company should do in
this matter. Com. Sweet responded that there should be no tree
cutting within 100 feet of a wetland. Because of the difficulty
of supervising such a restriction, Mr. Malone informed the
Commission that as soon as he left the meeting, he would notify
the Mansfield Police Department that no one is to enter this land.
Mr. and Mrs. Martinez Scheuren, 99 Highland Avenue, vehemently
registered their complaint about this wanton tree cutting.
A letter will be sent to Mr. Malone confirming that this matter has
not yet been resolved and asking him to keep the Commission informed
of future developments.
CONSERVATION COMMISSION MINUTES PAGE 3
MONDAY, JANUARY 26, 1981
Stephen DiLorenzo (Army Corps of Engineers) - Cabot Pond: Mr.
DiLorenzo briefly described the mitigation ordered by the Corps
for the re-establishment of wildlife habitat lost by the original
plan. Mr. DiLorenzo explained that this trade-off should not
penalize the developers. The Commissioners found no problem
with these changes and expressed their appreciation of the Corps'
becoming involved in this project. Com. Boyden observed, however,
that less hardship would have been caused had the Corps become
involved sooner.
MOTION: Upon receipt of the Army Corps of Engineers' revised
plans for Cabot Pond, the Commission will issue an
amended Order of Conditions agreeing with the Corps'
decision.
(Royle - Sweet; all in favor) VOTED
Mr. DiLorenzo also mentioned that, based on a rough plan submitted
by Messrs. Nelson and Shepard for their Spring Street project, it
was decided that a Corps permit will be required. Chairwoman Webb,
who was unhappy that the Commission had not received such a plan
despite the fact that this work is subject to a Cease and Desist
Order issued by the Commission, expressed the hope that the
Corps and the Commission could work closely on this project.
Jackson Land: Coms. Boyden and Royle reported on their viewing
of the plans for this land off East Street offered for sale by
the Jacksons as conservation land. It would appear that an
eight -acre parcel across the Canoe River from the main parcel
abuts the Christian & Schromm conservation land. There is also
approximately 16.7 acres on the East Street side of the Canoe
River, only a portion of which will probably be for sale.
Apparently, these parcels extend about 980 feet along the River.
Com. Boyden has requested Hayward, Boynton & Williams to submit.to
the Conservation Commission a price for updating these plans so
that they would be filable with the Registry of Deeds.
Town Warrant Com. Sheehan gave Com. Royle a sample Non -Zoning
Wetland By -Law (which is almost identical to the by-law passed
in Dennis) together with some notes she had on this subject.
Such a by-law would require a hearing before the Planning Board
after it is submitted for the Town Warrant. Chairwoman Webb was
also anxious to submit an article requesting funds for the purchase
of conservation land.
MOTION: To submit two articles for the Town Warrant: one, a
Non -Zoning Wetland By-law based on the sample provided
by SRPEED; and two, a request for $30,000 for the purchase
of bonservation land. Coms. Meszoely and Royle will word
these articles.
/u ,.<,A o,. _ ccio or• all in favnrl VOTED
CONSERVATION COMMISSION MINUTES PAGE 4
MONDAY, JANUARY 26, 1981
Correspondence:
1. January 20, 1981 bill from Charles D. Mulcahy, Esq. in the
amount of $412.50 for services rendered in connection with
the Kalnins Property purchase.
January 7, 1981 bill from Charles D. Mulcahy, Esq., in the
amount of $71.71 for the reimbursement of recording costs in
connection with the Kalnins Property purchase.
MOTION: To pay these two bills in the amounts of $412.50 and
$71.71 to Charles D. Mulcahy.
(Boyden - Royle; all in favor) VOTED
2. Bill in the amount of $100 from Patricia E. MacKay for 25
hours of secretarial services.
MOTION: To pay this bill in the amount of $100.
(Meszoely - Sweet; all in favor) VOTED
3. January 19, 1981 Notice of Intent from Lincoln S. Holske.
This Wetland Protection Act Hearing was scheduled for
Monday, February 9, 1981 at 8:30 PM.
4. Copy of Carl Nelson's January 20, 1981 letter to J. P. Smith
granting him permission to construct a swale across the Nelson
land to Hodges Brook.
A letter will be sent to Mr. Smith informing him that the
Commission requires a similar letter from Mr. Carl granting
permission to Mr. Smith to do the proposed work on his land
before the Commission can issue its Order of Conditions for
Mr. Smith's project.
Adjournment:
MOTION: To adjourn this meeting at 10:55 PM and to schedule an
extra meeting for Monday, February 2, 1981 at 7:30 PM.
(Sweet - Boyden; all in favor) VOTED
Accepted by_Lz-
Date to Town Clerk y