HomeMy WebLinkAboutConservation Comm 08/17/1981MANSFIELD CONSERVATION COMMISSION MINUTE
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MONDAY, AUGUST 17, 1981 GE E AUG 2519�981
Members Present: Chairwoman Dianne Royle, Coms. Rona
Paul Boyden, Keith Johnson, Jane Sheehan, Stuart
Sweet, Doris Webb
Minutes:
MOTION: To waive consideration of the Minutes of July 27, 1981
in view of the crowded agenda.
(Webb - Sheehan; all in favor) VOTED
Correspondence:
1. July 14, 1981 letter from the Massachusetts Association of
Conservation Commissions indicating that the upper limit for
state share of Self -Help reimbursement has been raised from
50 to 80 percent.
2. August 10, 1981 letter from Roanld S. Bonvie requesting a
one-year extension of his Order of Conditions for Wind
Chime Acres, File No. SE211-57. Mr. Bonvie, having excused
himself from his role as a Commissioner, stated, in response
to questioning, that, depending upon the economic climate,
he would like to resume work on the subdivision in the spring
with the pond probably being completed in one summer. Mr.
Bonvie stressed, however, that his schedule depends heavily
upon the state of the economy,
MOTION: To grant a one-year extension of the Order of Conditions
for File No. SE211-57, Wind Chime Acres.
(Sheehan - Webb; all those Commissioners voting, in
favor, Com. Bonvie, abstained) VOTED
Norman Gray - Rezoning of Land: Mr. Gray presented a proposal to
rezone (from agricultural to industrial) 295 acres off South Main
Street south of Route 495 and solicited the Commission's comments
on the proposed boundaries of the area since it is in the immediate
vicinity of various pieces of conservation land. Mr. Gray, who
was accompanied by several of his neighbors, stated that this plan
has the approval of all of the land owners in the area and that he
is planning to present it at the next Town Meeting. Mr. Gray went
on to say that considerable interest has been shown in this area
by various industrial firms and that its location, relatively
isolated by the highways to which any traffic generated would have
access, would insure a negligible impact on residential areas. In
leaving a copy of the proposal, Mr. Gray stated that he would
appreciate receiving input from the Commission concerning the
boundaries of the area either in writing or in person at a Commission
meeting in the near future.
H
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, AUGUST 17, 1981 PAGE TWO
Railroad Land: Town Manager Maurer, Chairman of the Board of
Selectmen May, as well as Selectmen Mahana and McNair joined in
this discussion concerning the purchase from Penn Central --
represented by Wayne Curtis --of a parcel of land located off
Elm Street (inspected by Coms. Sweet, Sheehan, Johnson, and
Bonvie at various times). Chairwoman Royle read aloud Town
Manager Maurer's letter of August 10, 1981 describing a sequence
of events leading up to this possible acquisition. Mr. Curtis
explained that since a Purchase and Sales Agreement had already
been entered into with a Mr. Sanford, the Town would have to meet
his offer of $11,139.60 by August 21, 1981 in order to satisfy the
legal requirements involved in the Town's right of first refusal.
Town Manager Maurer urged the Commission, which has money available
in its Land Acquisition Fund, to purchase this property in order to
preserve the aquifer located in this area. Chairman May indicated
that, although a formal vote of the Board of Selectmen has not
been taken, it is his feeling that the Selectmen would support a
Town Meeting Article reimbursing the Commission for this land
purchase.
MOTION: To purchase this 13.7 -acre parcel of land off Elm Street
from the Penn Central at a cost of $11,139.60.
(Webb - Sheehan ; all in favor) VOTED
At this point, the Town Manager and the Selectmen retired from the
meeting and Frank Nuzzola, a real estate agent for Penn Central,
joined Mr. Curtis and the Commission to discuss two other parcels
of land (one consisting of 49.26 acres and the other 15.46 acres)
which are for sale. Mr. Curtis explained that while these pieces
of land have not been actively marketed, they are for sale and
since no offer has been made for them, there is no specific timetable
to be followed. When queried about price, Mr. Curtis indicated
that the smaller parcel would be priced comparably to the land
previously discussed and that there would be an economy of size
(perhaps $500 per acre) involved with the sale of the larger lot.
Mr. Curtis went on to say, however, that he would be willing to
take into consideration any appraisal of the land the Commission
might have made. Com. Sweet indicated that the Commissioners had
also viewed these lots and inquired about access to these pieces
of land which are separated by the railroad tracks. Mr. Curtis
mentioned that the Massachusetts Electric easement, which abuts
these parcels, might provide such an access.
Leon Grant's Pond Development: Town Manager Maurer, Chairman of the
Board of Selectmen May, together with Selectmen Mahana and McNair
rejoined the meeting to discuss Mr. Grant's pond development with
the Commission as well as Mr. Grant, his attorney Peter O'Brien,
Raymond Goddard, and Town Counsel Mulcahy. Chairman May stated that
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, AUGUST 17, 1981 PAGE THREE
the Selectmen had requested this meeting in order to give all
parties concerned, including the Commission, an opportunity to
air their vaious concerns in this matter. Chairwoman Royle
explained the Commission's role by briefly highlighting the file
on Mr. Grant's pond, which began in April 1978 when the Commission
first became aware of Mr. Grant's pond, and ends with the 90 -
day extension granted to Mr. Grant on July 29, 1981 solely for the
purpose of restoring the buffer zone between the pond and the
Goddard property. Mr. Goddard stated his concerns with the pond:
1. It is too deep. When Chairman May inquired whether the Commission
felt this constituted a violation of the Order of Conditions, it was
the consensus of opinion of the Commissioners that this matter
should be dealt with when the pond is completed and an as -built plan
has been submitted to the Commission for issuance of a Certificate
of Compliance. 2. The pond does not have a buffer zone of 100
feet as delineated in the plan. Chairwoman Royle indicated that
the purpose of the 90 -day extension had been to enable Mr. Grant to
rectify this problem. When Mr. Goddard asked whether the extension
had been filed with the Registry of Deeds, Mr. Grant stated that
he had not registered the extension and he did not intend to do so
because it altered his original Order of Conditions and that the
buffer zone would be restored in conjunction with the completion
of the pond.
At this point, Chairman May asked whether the Commission felt the
encroachment closer than 100 feet to the Goddard property constituted
a violation and it was the consensus of opinion of the Commissioners
that this indeed did constitute a violation of the Order of Conditions.
When Mr. Goddard expressed continuing frustration at the manner in
which this problem was being handled, Chairman May suggested a meeting
among Mr. Goddard, himself, a member of the Commission and any mem-
bers of Town government Mr. Goddard wished to speak with.
Town Manager Maurer suggested that since Leon Grant has not filed
the extension permit with the Registry of Deeds, any work he does
on the pond is a violation of the Wetlands Protection Act; Chairman
May requested that the Commission inform the Board of Selectmen of
whatever decision they make concerning this matter. After a short
recess, Town Counsel Mulcahy informed the Commission that he had
suggested a meeting with Peter O'Brien, the Building Inspector, a
member of the Commission, and himself to explore methods of ironing
out these difficulties.
Mrs. Jellinek - Willis Pond: In light of the Planning Board's
decision to readvertise a hearing for the excavation of Willis
Pond as a new pond, Mrs. Jellinek strongly urged the Commission to
deny this project without prejudice, since the Order of Conditions
is due tonight, and to likewise readvertise and hold another
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, AUGUST 17, 1981 PAGE FOUR
Wetlands Protection Act Hearing for Willis Pond. Town Counsel
Mulcahy agreed with Chairwoman RoyV s explanation that the
purpose of the project as advertised by the Commission was taken
directly from the Notice of Intent and indicated that the purpose
of the project was the excavation of a 4.57 -acre pond along the
Rumford River and did not mention any pond restoration. In
addition, Town Counsel Mulcahy indicated that whether it is an
old pond or a new pond makes no difference under Chapter 131,
Section 40.
Mrs. Jellinek then noted that no mention was made in the Minutes
of July 13, 1981 of the Commission's July 6, 1981 inspection
of the Willis Pond site and suggested that this was a serious
oversight and that, in, addition, it would be wise to post such
on-site inspections as does the Planning Board. (Explanatory
Note: The inspection of the Willis Pond site was made on July 6, 1981
but the Commission chose not to discuss it at their July 13, 1981
meeting since the hearing for the pond was to be held during the
following meeting on July 27. The on-site inspection was noted
in the summary of the hearing for Willis Pond.)
Willis Pond - Order of Conditions:
MOTION: To issue the standard Order of Conditions with the following
additions for Willis Pond (File No. SE211-77):
1. All stored materials shall be stockpiled within the
dewatered area (within the limits of the pond area as
delineated on the plan) so that any runoff shall return
to the excavated area and not contaminate the stream
or its tributaries.
2. Progress reports, either written or verbal, shall be
submitted to the Conservation Commission quarterly and
shall contain the following information: (a) volume
of excavated material; (b) area of pond under construction;
(c) percentage of pond completion; and (d) any other
pertinent comments.
3. No petrochemicals, fertilizers, pesticides, or other
hazardous materials shall be used or stored --above or
below ground --within 100 feet of the pond.
4. The depth of this pond shall not exceed 26 feet.
(Boyden - Sweet; all in favor) VOTED
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, AUGUST 17, 1981 PAGE FIVE
f,
Adjournment:
MOTION: To adjourn this meeting at 11:30 PM and to schedule the
next meeting for Monday, August 24, 1981.
(Sheehan - Johnson; all in favor) VOTED
Accepted By
Date to Town Clerk `,
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