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HomeMy WebLinkAboutConservation Comm 06/01/1981� MANSFIELD CONSERVATION COMMISSI N E,:C MINUTES PAGE 1 MONDAY, JUNE 1, 1981 jUN 171 Members Present: Chairw an D an &VRIRy r,oms. Ronald Bonvie, Paul B yden, Keit J %�° ane Sheehan Minutes: MOTION: To accept the Minutes of May 11, 1981 with corrections. (Sheehan - Johnson; all in favor) Correspondence: 1. Invitation to Attorneys Center Open House, June 5, 1981. 2. Notice of Bi -monthly meeting with Selectmen, June 10, 1981. Either Chairwoman Royle or Com. Boyden will attend. 3. May 8, 1981 letter from Karl Clemmey requesting a one-year extension for his West Street project (File No. SE211-33). MOTION: To grant Karl Clemmey a one-year extension for work on File No. SE211-33. (Boyden - Sheehan; all in favor) VOTED m Karl sale 4 asyConservationtLand ter fao5.1/parcel ofyland einnr 21, 181 West Mansfield. acre The Commission discussed with Mr. Clemmey his proposal and agreed to take it under advisement. Form fr 5 Areartombetal constructedtonnRoute I-95TincInspection Mansfield. Mrs. Jellinek urged the Commission, perhaps in conjunction with the Planning Board and/or the Board of Health, to reply to this Form with recommendations for this weigh station as well as the one on the northbound side of Route I-95 in Attleborough. Mrs. Jellinek stressed that the Attleborough station is of particular interest to the Commission because of the. waterway culvert which flows under the ,i;oad.A copy of the Environmental Notification Form for the Attleborough Truck Safety Inspection Area will be obtained. MOTION: To send a memo to the Board of Health, Light Department, Hazardous Waste Task Force, Planning Board and Town Manager requesting their recommendations and/or comments on these Truck Safety Inspection Areas to be included in a letter to be written by the Commission to the DPW. (Johnson - Sheehan; all in favor) VOTED MANSFIELD CONSERVATION COMMISSION MINUTES PAGE 2 MONDAY, JUNE 1, 6 May 27, 1981 letter from Peter F. O'Brien 'B fiend requesting project one -yeas extension for Leon Grant's p (File No. SE211-52) together with a Power of Attorney signed by Leon Grant giving Peter F. O'Brien power to act in his stead before the Conservation Commission concerning his pond development project. Leon Grant, who was present at the meeting, readily agreed, when asked, to comply with Condition No. 15 of the Commission's ol Order of Conditions, pond. While Mr.s for a Grantstatedrthatehece at wouldtlike outlet of the p possible, he was not to recommence work on the pond as soon as p able to hazard a guess as to when the project would be completed. There was some discussion of the accuracy fthe phare with Mr. Grant contending that, like most plans, these actually approximations. Mr. Grant stressed that where the i plan indicates that the pond will be 100 feet from the abutters, upon completion the pond will be within one or two feet of the 100 -foot distance. Mr. Grant also informed the Commission that the actual pond will be one and ore -half acres smaller than had been originally planned.Mr. Grant also claimed that his excavation is not within 100 feet of the Goddard property. Com. Johnson mentioned the tree felling which had been the subject of a DEQE on-site inspection. At this point, Chairwoman Royle interjected with the theseinformation do not a Wetlands lied by John Lawrence of DEQE, i.e.,• Protection Act violation since they do not impede the flow of the Canoe River. Mr. Grant informed the Commission that by the fall these trees will have been cut and sodforfirewood and that the land will be cleared for spring planting. * under Mr. Grant's agricultural exemption, 7. Flood Plain Insurance Questionnaire. Com. Boyden will investigate the Commission's responsibilities in this area. 8. May 12, 1981 letter from Margot Jellinek requesting written clarification of the Commission's stand on the Maple Park gravel pit. Chairwoman Royle noted that the Commission's letter stating that this land is not controlled by the Commission must have crossed in the mail with Mrs. Jellinek's letter. oinder as a plaintiff by Martin 9 May 13 981 motion fr Cahill inlconnecti n withJMansfield Conservation Commission v. Fireside Realty Trust --Kelton 0. Potter. MINUTES MANSFIELD CONSERVATION COMMISSION PAGE 3 MONDAY, JUNE 1, VATI ` 10. May 19, 1981 letter from Michael To Mahe sahanix attorney for Oma M. White, requesting a hearing es cut down on Mrs. White's property. MOTION: To send aletter ofto Town is ecounsel tter Mulcahy outlining the background a. enclosing copies of portions of the January 5 Minutes nodhearingy12was�everlscheduled orchelddonathat this matter; Desist er b. explaining the 1981Cforethedcutting ofdissued trees within January 5, 100 feet of a wetland; c. noting that the distance from the brook to the closest tree in question is 135 feet and therefore not within the jurisdiction of the Commission; d. mentioning that it is the Commission's opinion that even if this first tree had been within 100 feet of the brook, it would not be significant to the brook in relation to the work already performed in the area. VOTED (Sheehan - Boyden, all in favor) 11. Notice of Public Hearing for the Lyons Brook area sewers, July 15, 1981. 12. Copy of the proposed revisions to the existing regulations for the administration of the Wetlands Protection Act tohe with a listing of ither nformational meetings and public to be held on this matter. Chairwoman Royle stated that she would inquire about receiving additional copies so that each Commissioner would be able to study them at their leisure. 13. Memo from the Planning Board enclosing lis materials suppliedcopby Allen Willis for his proposed of the Notice of In included with these materials was Commission assumed that the neither dated nor signed, the purpose had been informational and did not serve as a formal filing under the Wetlands Protection Act. Emergency Transfer_ Chairwoman Royle informed the Commission that ained the Commission's expense fund has again been dsince only half of the $500 transfer requested was granted. erases MOTION: To request an additional transfer of $250 to cover exp MANSFIELD CONSERVATION COMMISSION MINUTES pAGE 4 MONDAY, JUNE 1, 1981 until the end of the fiscal year, noting that the Commission has held fourteen Wetland Protection Act Hearings during this fiscal year, thus adding $350 to the general fund. VOTED (Johnson - Sheehan; all in favor) Water Studies: Coms. Johnson and Sheehan suggested that it would be helpful to obtain copies of the SRPEDD groundwater study and map mentioned at Town Meeting. Chairwoman Royle added that another invaluable aide would be to have the Whitman & Howard water resource program include an overlay of the wetland areas in Town. MOTION: To send a letter to the Planning Board requesting a copy of the SRPEDD map and groundwater study, if they are available and to request that the Whitman & Howard water resource program include an overlay of the Town's wetland areas. VOTED (Johnson - Sheehan; all in favor) Wetlands Protection Act Hearing Guidelines: Com. Johnson urged that the Commission adopt guidelines for information to be supplied by applicants for Wetlands Protection Act Hearings, similar to those used in Foxborough. MOTION: To set aside the 8:00 - 8:30 PM timeslot at the next meeting to formulate such guidelines. VOTED (Johnson - Bonvie; all in favor) Raymond Goddard - Grant Pond: Mr. Goddard inquired about the injunction that had been discussed to prevent Mr Grant from contin- uing work on his pond. Chairwoman Royle explained that Town Counsel Mulcahy had recommended against such an action and that Mr. Grant has now, as requested by the Commission, requested a one-year extension to complete his pond. Mr. Goddard stated his opposition to this course of action and listed his major concerns as: a. The pond is not located as shown on the plans. b. The depth of the pond is not as indicated on the plans. C. My property has been disturbed because of this pond development (e.g., a large tree was blown down, probably because it had been affected by the excavation). Mr. Goddard further contended that Mr. Grant has been working since the Cease and Desist was issued and suggested that a "as -is" plan might clarify the present situation for everybody. MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JUNE 1, 1981 PAGE 5 ( Chairwoman Royle stated that the Commission would make a decision concerning this matter at its mext meeting. She also suggested that a possible course of action would be to grant the extension and inspect the pond upon its completion. At that time, if the pond did not conform to the plans, a Certificate of Compliance would not be issued until the necessary corrections were made. Adjournment to Executive Session: At 10:05 PM, Chairwoman Royle polled the Commissioners individually to ascertain whether_ they desired to go into Executive Session to discuss (1) a bid to be made for the purchase of a parcel of land and (2) the latest developments regarding pending litigation. Each member agreed on this action. MOTION: To adjourn this public meeting at 10:05 PM and to enter Executive Session to discuss a bid for a parcel of land and pending litigation. (Bonvie - Boyden; all in favor) VOTED The next two meetings were set for Monday, June 15, 1981 at 7:30 PM and Monday, June 29, 1981 at 7:30 PM. Accepted by /Xa-"�' Date to Town Clerk � pem