Loading...
HomeMy WebLinkAbout05242010CONSERVATION EXECUTIVE SESSIONf;�CE'IVED . Conservation Minutes Cl, FRN'S OFFICE Executive Session 2012 SEP 25 A q May 24, 2010 22 Present: Paul Boyden, Vice Chairman; Michele White; Colin Cauldwell; Dere�"Hi3us�;CJsek,Si�hN Elizabeth Leidhold, Conservation and Environmental Planner. Absent: Carol Matthew and Joseph Mulkern, Chairman. Motion: To enter into Executive Session for the purpose of discussing potential litigation for 23 Lakeview Avenue, Maple Street Map 40, Parcel 92 and to discuss a letter to be sent to the State Ethics Commission regarding the former agent, Michele Grenier, and to return to Open Session at the conclusion. (Cauldwell —Smith) Roll Call Vote: Paul Boyden, Vice Chairman, aye; Jack Smith, aye; Derek House, aye; Colin Cauldwell, aye; Michele White, aye. Vote: 5 -0 -0 Passes Catherine Memory, 23 Lakeview Avenue: Catherine Memory, 23 Lakeview Avenue — Mrs. Memory violated the Mansfield Wetland Protection By- law by encroaching on the 25 -ft. no touch zone. She added a block patio, a landing with stairs leading from a new addition out to the new patio, new decking and an additional stair, using pressure- treated lumber, leading down to Greenwood Lake and clearing in the buffer of Greenwood Lake. At an Executive Session May 19, 2010 with the Board of Selectmen and the Conservation Commission, Attorney Mangiaratti, town council, said Mrs. Memory has accepted the terms set forth in the March 30, 2010 letter from Town Council to avoid protracted litigation. Mrs. Memory will pay a fine of $1,500.00 for violating Section 2.4 of the Mansfield Wetland Protection By- law; she will remove 161 sq. ft. of pavers; and the area where the pavers were removed will be loamed and seeded; a detailed plan for the buffer plantings will be submitted for approval by the Conservation Agent and the plantings will be monitored for two (2) growing seasons through reports and photographs; she will change out the building material (pressure- treated lumber) used for a step and a landing for the stairs leading to Greenwood Lake with a composite material. Mrs. Memory has asked for an extension of the 90 days to 180 days to complete the work so she will have time to hire contractors and obtain the proper permits. Mrs. Memory is to submit an "as built" plan within 45 days of the completion of the work, showing the location of the house, the stairs and pavers along with the spacing of the pavers. The "as built" should show the elevations of the property before any work was started and the final elevations of the land. In the Executive Session, the Board of Selectmen voted to accept the terms set forth in Attorney Mangiaratti's letter of March 30, 2010 with a completion date of November 1, 2010. The Conservation Commission does not agree with these terms. They feel the case should have gone to court. In an Executive Session on November 10, 2009, the case was discussed at length with the Conservation Commission and Attorney Mangiaratti; he said, in his opinion, Mrs. Memory had violated the by -law. He suggested that a letter be sent to Attorney Marc Antine to ask that Mrs. Memory remove all the encroachments to the 25 -ft. no touch area or court action would be taken. In the Executive Session on February 8, 2010, Attorney Mangiaratti said the work was not a clear violation of the by -law and said the time and money to research and argue the case in court would be costly to the town. He suggested the board offer a settlement proposal to Mrs. Memory. The board asked if there was anything they could do because they do not want to settle. Elizabeth said they have to accept the terms. Elizabeth told the board she has been in contact with Mrs. Memory to discuss the plantings for the buffer zone. She asked if anyone would like to go with her to meet with Mrs. Memory and look at the site. Jack Smith said be would go with her. Lester Epstein, Maple Street, Map 40, Parcel 92: The court case for Lester Epstein, Maple Street, Map 40, Parcel 92 for the filling of a certified vernal pool, # 1968 has been ongoing since 1993. At the Executive Session on May 19, 2010 with the Board of Selectmen and the Conservation Commission, Attorney Mangiaratti advised the Conservation Commission the Epstein case may not be worth pursuing in court. He submitted a letter, dated April 30, 2010, from Michele Grenier in which she outlined the events leading up to the excavation for the replication for the vernal pool on Lester Epstein's property. Attorney Mangiaratti told the Conservation Commission Ms. Grenier is listed as a potential witness for Mr. Epstein. The Commission never received a copy of the letter. The Conservation Commission feels if the case is dropped, it will set a bad precedent. Many people are aware of and watching this case. The Commission told the Selectmen the State and Federal levels of Conservation — DER EPA and Natural Heritage - would pick up the case if the Commission is not able to pursue it any further. At the May 191h meeting the Selectmen authorized Attorney Mangiaratti to send a settlement letter to Mr. Epstein without prejudice. Michele Grenier: A letter regarding Michele Grenier has been drafted to be sent to the State Ethics Commission, Enforcement Division. The board feels Ms. Grenier violated the Massachusetts Conflict of Interest Law. Elizabeth told the board that Michele Grenier, as a "former municipal employee ", could be fined, jailed or both if she violated 268A MGL Section 18 (a) — she is a former municipal employee, acting as an agent for the violator's attorney in a matter that the town is a party to. Elizabeth asked that the board look over the draft and add or make any changes to the letter. She would like the board to sign the letter and she asked that a vote be taken to send the letter to the Ethics Commission. Colin Cauldwell made the motion to send the letter to the State Ethics Commission. Derek House seconded. Motion passed 5 -0 -0. Roll Call Vote taken: Paul Boyden, aye; Michele White, aye; Colin Cauldwell, aye; Derek House, aye; Jack Smith, aye. Michele White asked that the line "Ms. Grenier currently works as (insert current position here)" be removed from the draft. Paul Boyden asked that the legal history of the property be outlined and included in the letter 2 Kyla Bennett has been consulted about the replication of the vernal pool and the letter to the State Ethics Commission. She will be coming into the office June 151 to look thru both Epstein files — 900 Maple Street and Maple Street, Map 40, Parcel 92. The board feels the Epsteins have a long history of violations and will likely violate again. Motion: To adjourn executive session at 9:29 pm and resume open session. (Colin Cauldwell /Jack Smith) Roll Call Vote: Vice Chairman, Paul Boyden, aye; Jack Smith, aye; Derek House, aye; Colin Cauldweli, aye; M' ele White, ay . Vote: 5 0 -0 Passes Peult oyden, Vice C-hairntdn R:\ Conservation \Minutes\2010 \05242010 Executive Session.doc a � aala, Date of A proval Date of Mlease