HomeMy WebLinkAboutCONSERVATION12192011
Conservation Minutes
December 19, 2011
Present: Colin Cauldwell, Chairman; Michele White, Vice Chairman; Joseph Mulkern; Paul Boyden;
Jack Smith; Carole Matthew; Derek House; Elizabeth Leidhold, Conservation and Environmental
Planner.
11. Meeting was called to order at 6:45 pm.
Lou Andrews, President of Natural Resource Trust, to discuss trail maintenance on conservation land
Mr. Andrews told the board that the storms this past summer and October damaged the trails in the
Great Woods and on the Streese property; numerous trees have fallen across the trail system in these
areas. He said there are at least three trees on the yellow trail in the northern part of the Taylor's Hill
property, a large tree on the Streese property and trees in the Great Woods that are overhanging the
trails. He said he is concerned they might come down in a wind storm.
Mr. Andrews presented pictures of the damage. He told the board some of the trees can be removed
by a scout troop but some trees will have to be removed by a professional tree company. He said he
spoke to DPW and was told it is conservation land and the conservation department should pay for
the removal of the trees. Mr. Andrews said the town uses a company by the name of Tony's Tree
Service.
Mr. Andrews told the board all the trails on NRT and Conservation land will be mapped by GPS. He
said the Streese property has been done. New maps will be created when all the mapping is done.
Mr. Andrews told the board land on the Canoe River between Route 106 and the Norton Town line
was dedicated to Leonard and Mary Dee Flynn and named Leonard F. and Mary Dee Flynn Greenbelt.
Mr. Andrews said this was done in 2004 but a sign has never been done for the property. Because
there are numerous small signs on the Streese property, Mr. Andrews suggested these signs be
removed and one sign for both properties be made.
Mr. Andrews said NRT will be replacing the Great Woods booklet. The booklet has not been updated
in over 30 years. Mr. And'rews said NRT will be applying for grants to cover the printing cost of the
booklet. The updated booklet will be in color form.
Mr. Andrews said the town has a great trail system that needs to be maintained on a regular basis.
He said other properties should be acquired to complete the trail systems and make them more user
friendly.
Ms. White asked if the trails in Corporal Robert Francis Hardy Conservation Area have been mapped
by GPS. She said the maps in this area are not accurate. Mr. Andrews said this area has not been
done.
The town has acquired land in the Plymouth Street area. The land abuts the Plymouth Street
Recreation Area and Conservation land owned by NRT. Mr. Andrews said this area would be an
excellent spot for a trail system. He told the board this land should be transferred to the
Conservation Commission.
Ms. White made a motion to order the sign for the Mary Streese property and the land dedicated to
the Flynns as part of the Greenbelt.
Mr. Boyden seconded the motion.
Ms. White said there is a large amount of money in ConselVation accounts that people in Town Hall
would like to move to the general fund for other projects around town. She said this money could be
used for the tree work on the trails. She said all the trails are in bad shape with trees prohibiting
movement on the trails. The money could also be used for sign work to update the ConselVation
areas for the public.
The Town Accountant, John Stan brook, is researching these accounts; was the money designated for
land acquisition only or can it be used for general purposes? Mr. Cauldwell said Mr. Stanbrook will
have to decide how the money can be used. Mr. Andrews said an article would have to be presented
at Town Meeting before anything can be done with the money.
Ms. White withdrew the sign motion until a quote for the sign has been received. Mr. Andrews will
check on prices for the sign. He will discuss the type of sign - wood or metal - the amount to spend
and where the funding will come from at a later meeting.
Ms. White would like to contact Tony's Tree SeIVice to get a price for the removal of the trees along
the trails.
Mr. Mulkern asked about the cost of the tree removal. He said it can be very expensive to remove
trees. He suggested having volunteers do the work. Mr. Cauldwell said he has been in contacted
with a scout leader and in January will walk the Great Woods
Area to see what can be done through the scouts. Mr. Andrews said for liability issues, it is not a
good idea to use volunteers. He told the board the trees in the Judy's Lane area need to be taken
down as soon as possible for safety reasons.
2. Certificate of Compliance: Robert Meeks, Cross Tie Construction, LLC, Lot 3, 4 Buckskin Drive,
Map 6, Parcel 153. DEP #211.0874.
Robert Meeks, the property owner, was present.
Elizabeth told the board the signs are up at the 50 ft. no touch and the area looks good. She
recommends a partial Certificate of Compliance be issued until the lawn area between the house and
the 50 ft. no touch has been stabilized and the grass has grown in. An as built, dated October 27,
2011, has been submitted.
A letter, dated December 9, 2011, was submitted regarding the removal of the grass burn at 4
Buckskin Drive. The contaminated area was removed with a backhoe and put into a dumpster
provided by Jemco Disposal. The material was disposed of at Pondview in East Providence.
Ms. White said the driveway is not shown on the as built plan. She asked Elizabeth if it is similar to
what was proposed. Elizabeth said there are no changes from the original plan.
Mr. Boyden said the as built, dated October 27, 2011, does not show elevations for the headwall, the
sluice way, the swamp area, the area where the signs are located, the flagged areas and the 25 ft
and 50 ft. no touch areas. He asked that a revised as built plan with all elevations be submitted.
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Mr. Mulkern made the motion to issue a partial Certificate of Compliance for Lot 3, 4 Buckskin Drive,
DEP #211-0874 contingent upon the receipt of a revised as built plan wiil all elevations shown.
Mr. Smith seconded the motion.
Motion passed 7-0-0.
I 3.iNotJ(;e6fIhfghfiDerekMichienzie, 3 Brookside Road, Map 13, Parcel 44. DEP#211-0877
David Klenert of Collins Civil Engineering Group, Inc. was present.
The Notice of Intent was filed for a septic repair and the construction of a 25'x25' one-bedroom
addition with a master bath, a deck and associated utilities within the 100 ft. buffer of bordering
vegetated wetlands. The area is not located within an Estimated Habitat of Rare Wildlife or a Priority
Habitat of Rare Species and is not located near any certified vernal pools.
Mr. Klenert told the board the septic system has failed. The new septic system will be in the front of
the house in the same location as the old system. Most of the work will be just outside the 100 ft.
buffer; a small portion of the septic repair will be within the buffer, the pipe work to tie into the new
system. The 1,500 gallon tank will be replaced with a 2,000 gallon dual compartment system. The
existing 1,000 gallon pump chamber and the existing leaching field will not be removed. The septic
plan has been approved by the Board of Health.
A silt sock is proposed for the area where the septic system will be located; the silt sock will start at
the corner of the house in the rear, surround the tank area and continue down the side line towards
the street.
The addition will have a full foundation. A silt sock will surround the whole addition, starting from the
existing deck, around the proposed addition area and down the left side of the driveway toward the
front of the property. The addition will be 58 ft. from the edge of the wetland.
There will be a dewatering pit on the left side of the property just beyond the driveway.
A soil stockpile area will be on the driveway. The construction area will be accessed from the left side
of the house.
There is an intermittent stream approximately 180 ft. away to the northeast of the property. Mr.
Klenert told the board it is a drainage ditch that has become vegetated.
Elizabeth said she has no issues with the flag locations. She asked Mr. Klenert about the dewatering
pit. He said hay bales will be used and the silt sock will provide a secondary barrier.
Elizabeth asked if the silt sock will be removed or remain in place. Mr. Klenert said the silt sock will
be removed after all landscaping activities are complete and the area stabilized.
Elizabeth will inspect the silt sock and the dewatering pit prior to any construction.
Ms. Matthew asked if any trees will be cut. Mr. Klenert said all work is on the existing lawn area so
no trees will need to be cut.
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The existing shed is not part of this application.
Ms. Matthew asked what other permits will be required for the project. Mr. Klenert said the Board of
Health has approved the septic plan. The Building Inspector will need to sign off on the building
permit once it is applied for. Ms. Matthew said in the General Rules and Regulations of the Town of
Mansfield Wetland Protection By-law #5 Hearing Process When other Mansfield Board Approvals are
Needed - [though a conservation public hearing on a project may commence before other applicable
town boards/commissions/departments have permitted the project, written proof of such
boards/commissions/departments approval of any project, according to the plans previously
submitted to the Conservation Commission as part of the Request for Determination of Applicability or
Notice of Intent, must be provided before any hearing is closed and a permit is issued.
Ms. Matthew asked if the board wanted to approve the project contingent upon final Board of Health
approval. She said if there are any changes to the septic plan, the applicant would have to come
back before the board.
Mr. House made the motion to accept the plan as drawn for 3 Brookside Road, Map 13, Parcel 44.
DEP #211-0877 with the following conditions: silt sock and dewatering pit are to be inspected by
agent prior to construction and the approved septic plan is to be submitted to Conservation. Plan
"Plan and Details Subsurface Sewage Disposal System Upgrade" - Collins Civil Engineering Group,
Inc., dated October 21, 2011, revised November 29, 2011 and stamped by George R. Collins,
Professional Engineer.
Ms. Matthew seconded the motion.
Motion passed 7-0-0.
4. Abbreviated Notice of Resource Area Delineation: William Wolf, Gilbert Street, Subdivision Lot 4,
Map 3, Parcel 410. . DEP #211-0878 .
Robert Rogers, Project Engineer, Tibbetts Engineering Corp., has requested a continuance to the
January meeting. The green cards were sent to DEP by mistake and the revised plans were not
received until today. Plans must be received seven days prior to the hearing.
Elizabeth said a hearing can not be opened without the green cards.
Mr. Boyden made the motion to continue the Gilbert Street ANRAD to January 23, 2012.
Mr. House seconded the motion.
Motion passed 7-0-0.
5. Notice of Intent: Thomas Johnson (Reit Management & Research LLC) 44 Cabot Boulevard, Map
44, Parcel 321.DEP #211-0869
The Notice of Intent was filed for the initiation of an aquatic management program to control
nuisance aquatic vegetation in a man-made pond. Maintenance practices will include a Hydro-raking
project, aeration and prudent use of USEPA/MADAR register aquatic herbicides.
Michael Lennon of Aquatic Control Technology requested a continuance to January 2012.
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Ms. White made the motion to continue the hearing for the Notice of Intent, DEP #211-0869, to
January 23, 2012.
Mr. Mulkern seconded the motion.
Motion passed 7-0-0.
and Jane Maher, 16 Serena Allen Way, Map 39, ParcelA09 D!:P #211-
Mrs. Maher was present.
The Notice of Intent was field for the construction of a garage and an addition within the 100 ft.
buffer of bordering vegetated wetiands, an ACEC, the Canoe River and within an Estimated Habitat of
Rare Wildlife. Because other activities have taken place on the property without permits, the NO!
was revised to include these activities.
Elizabeth and Ms. White met with RIM Engineering on site to check the wetland delineation and the
line has been approved. The basketball court is 25 ft. from the edge of the wetland. A new plan was
received after 4:00 today. Elizabeth and the board have not had a chance to review the plan.
Elizabeth said she has talked with Mr. Maher about moving the shed out of the 25 ft. area and
proposing some mitigation plantings. She asked if the mitigation plan has been done.
Mrs. Maher asked if it would be acceptable to the board to put netting behind the basketball court
instead of shrubbery to protect the wetland. Mr. Cauldwell told Mrs. Maher the shrubbery was to
compensate for the non-permeable; the netting would not accomplish this. Mrs. Maher asked where
the board would like the plantings. Elizabeth said the board asked that the plantings be established
along the front of the existing stonewall. Mr. Cauldwell told Mrs. Maher she should submit a
mitigation proposal forthe board's approval.
Elizabeth said RIM Engineering was supposed to develop a mitigation plan. At the November meeting
the board agreed the mitigation was to be equal to the amount of impact within the 25 ft. along the
bordering vegetated wetlands and the shed was to be moved out of the 25 ft. area.
Mr. Cauldwell asked if the corner of the addition has been staked. The corner of the proposed
addition, as currently proposed, would be 24.2 feet from the wetland. He said the by-law has a
minimum of 25 ft. from the wetlands. He told Mrs. Maher. the board would need to see all the
changes on a plan with a set back of 25 ft from the agreed upon wetiand line along with a mitigation
proposal. He said the proposal will have to have the approval of the board.
Mr. Mulkern made the motion to continue the hearing for the Notice of Intent for 16 Serena Allen
Way, Map 39, Parcel 409, DEP #211-0875, to January 23, 2012.
Mr. Boyden seconded the motion.
Motion passed 7-0-0.
I 7.>Af'ter-the-Fai:fNoticeofIntent: Jeffery Watterson, 190 Mill Street, Map 43, Parcel 83.
The Notice of Intent was filed for the removal of structures within the buffer zone of bordering
vegetated wetlands and within an ACEC, the Canoe River.
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Elizabeth told the board a DEP number still has not been issued. She said Norwood Engineering Co.,
Inc. filed the application by eDEP. The application was never received or was lost by DEP. Norwood
Engineering will be sending the correct Notice of Intent to DEP and to Conservation and hopefully a
number will be assigned to the filing.
Mr. House made the motion to continue the hearing for 190 Mill Street, Map 43, Parcel 83, to January
23, 2012.
Mr. Smith seconded the motion.
Motion passed 7-0-0.
I 8.0therB(Jsine[s
National Grid In to discuss mitigation plan easement work.
Andrea Kendall, Senior Environmental Scientist, Mason and Associates, Inc. and Andrea Desilets,
Environmental Engineer, New England Power Co., were present to discuss the E1 Line Extension
Project, the transmission line Right-of-Way that Is currently under construction from the Easton Town
Line to Bird Road in Mansfield, DEP #211-0841. An Order of Conditions was issued on January 27,
2010.
Regarding the swamp mats that were put in place to provide access to the new wire pull areas: the
changes to the project correspond to the location and extent of the swamp mats within a bordering
vegetated wetland as well as temporary disturbance to the 100 ft. buffer zone and the Riverfront area
at structure 261. Ms. Kendall told the board National Grid changed its standard of practice for
locating swamp mats for wire pull areas, based on health and safety requirements and to protect the
integrity of the structure. The new protocol requires that swamp mats be placed three times the
height of the structure in order to better distribute the force of pulling the wire. Because the existing
structure is 80 feet, the matting needs to be placed 240 feet beyond the structure. Ms. Kendall said
the previously approved swamp mats are positioned 50 to 150 feet from the structure and therefore
are too close.
Ms. Kendall said on November 3, 2011, the swamp mats were placed within a portion of the approved
area to provide access to the new wire pull area located between 200 to 240 feet from the structure.
She said once it was discovered that an additional area of swamp mats was installed, National Grid
notified Elizabeth. National Grid removed the 1,920 square feet of swamp mats and an alternate,
upland access route was established to gain access to the existing relocated wire pull area. On
November 8, 2011, Elizabeth and representatives of Mason and Associates conducted a site visit to
review the existing new wire pull area, the temporary impact area associated with the removal of the
additional swamp mats and the new temporary upland access route to the wire pull area. Elizabeth
asked that a mitigation/restoration plan be submitted to address the changes that have occurred. A
mitigation plan was submitted on December 7, 2011.
Ms. Kendall told the board the damage was limited to two distinct 4 foot wide, 120 foot long areas.
She said it is anticipated that the cattail rhizomes have been unaffected and will rebound in the spring
at the start of the growing season. To ensure the cattail re-growth, monthly inspection will be done
at the start of the 2012 growing season. She said if 75% cover has not been achieved by July 1,
2012, supplemental cattail plantings will be done. Monitoring will continue throughout the 2012
growing season to assess piant growth. Monthly reports will be submitted to the Conservation
Commission.
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The existing swamp mats are located in an area, approximately 3,840 square feet, and dominated by
cattail and scrub/shrub wetland. No cutting of vegetation was required for the placement of the
mats.
Ms. Kendall said there was little impact to the shrubs and where branches were broken, it is
anticipated that the shrubs will re-sprout. Following the removal of the swamp mats when the
project is complete, an assessment will be done to determine if any restoration is needed. If needed,
additional native woody plants will be planted in the fall of 2012. Elizabeth will be notified in April to
discuss plans to replace any shrubs.
Ms. Kendall told the board the 3,840 square feet of swamp mats was more than the approved
temporary impact of 3,702 square feet.
Ms. Kendall said there are swamp mats located over portions of the brook in the area; this area will
be inspected to make sure the integrity of the bank of the brook is maintained. Elizabeth will be
notified if any restoration of the brook is necessary.
To provide safe vehicle access from the existing access road to the temporary wire pull area, Ms.
Kendall said some clearing and mowing has been done and crushed stone has been placed between
the foot print of the existing access road to the swamp mats. This is within the 100 foot buffer zone
and the 200 foot Riverfront area. This area will be restored by late winter, early spring 2012; the
crushed stone area will be removed and supplemental plantings will be added. Elizabeth said this
area should be looked at in the spring.
Mr. Cauldwell asked it there were additionai impacts to the wetland; was the 3,840 square feet the
total impact? Ms. Kendall said there was 1,920 square feet of temporary impact from the swamp
mats that were put in place without approval and removed November 7, 2011 and 3, 840 square feet
of temporary wetland impact from the existing swamp mats for a total of 5, 760 square feet of
impact. There was an additional impact of approximately 240 square feet where a small portion of
the buffer zone and Riverfront area was mowed and cleared and the crushed stone added.
Ms. Kendall said the changes were not significant as the impacts were temporary and the areas will
be restored in the spring.
Mr. Boyden made the motion to accept the plan.
Mr. Mulkern seconded the motion.
Motion passed 7-0-0.
Liz Scibilia, 7 Shea Circle: The Request for Determination of Applicability was filed for the installation
of a 20'x40' in-ground pool within the 100 ft. buffer of bordering vegetated wetlands and an ACEC. A
Negative 3 Determination was issued at the October 17, 2011 meeting.
In a letter from Easton Pool & Spa, David Hobaica asked the board to approve a modification to the
original plan to allow the rear fence to be moved approximately 25 feet from the original location to
the back property line. He said with the exception of 1 or 2 posts all work will be outside the 50 foot
buffer zone.
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Mrs. Scibilia said it was never their intention to have the fence located around the pool; they wanted
a chain link fence along the property line to allow for a more open backyard. She said the fence will
start at the side of the house and follow the property line.
Mr. House asked if there would be any additional clearing of trees for the placement of the fence.
Mrs. Scibilia said they will not have to cut anymore trees but some shrubs might need to be cleared
for the cement footings for the fence posts. She said the footings would be dug by hand because it is
not possible to get equipment in this area.
Elizabeth asked that the back property line be staked to determine where the fence will be installed.
Ms. Matthew said all structures must maintain a 100 ft. buffer around a vernal pool and a 50 ft. buffer
for bordering vegetated wetlands. Ms. Matthew told Mrs. Scibilia that if she plans to do anymore
work in this area she must maintain the 50 ft. no touch. Ms. Matthew asked about the filtration
system. Mrs. Scibilia said it is a self-contained cartridge system requiring no backwashing. Ms.
Matthew asked if the pool would be equipped with Froglogs. Mrs. Scibilia said the Froglogs would be
installed.
Mr. Mulkern made the motion to accept the new proposal for the fence as long as the back property
line is staked and verified by Elizabeth. Revised plan, "Proposed In-Ground Plan", is dated December
13, 2011.
Mr. House seconded the motion.
Motion passed 7-0-0.
The Administrative Consent Order for Essex Street: A full Certificate of Compliance has been issued
by DEP for this property.
Elizabeth asked If the board wanted to make any changes or additions to the Annual Report. Mr.
Boyden asked that Jonathan Butler's name be added to the list of Eagle Scout projects.
Regarding the comprehensive Notice of Intent for the stormwater and dam maintenance Elizabeth
and Richard Alves, Town Engineer, are working on: Elizabeth told the board she would like to hire
Lenore White of Wetland Strategies Inc. to help with the project. Elizabeth said she would like to
have clarification on what is considered maintenance - what work can be done under the Notice of
Intent? She said the Engineering Department will split the cost of hiring Wetland Strategies, Inc. with
Conservation. She said the cost will be approximately $800 - $900. She asked that the board vote
to approve the $400.00 toward the cost.
Mr. Boyden made the motion to authorize the expenditure of $400.00 to hire the consultant for the
generic Notice of Intent for the Town of Mansfield.
Mr. Smith seconded the motion.
Motion passed 7-0-0.
Mr. Cauldwell said it would be nice if the Electric Light Company and DPW had a similar plan for
vegetation management. He said they regularly spray and cut vegetation without contacting
Conservation.
Elizabeth met with Karro Frost of New England Environmental, Inc., regarding the Mass Highway
project. Elizabeth told the board there is litigation going on regarding the removal of the coal klinkers
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and work has been put on hold. The airport pipes were supposed to be cleared; the vegetation has
been cleared but no other work has been done. The silt has not been removed from the culverts.
Elizabeth did a site visit at the airport to inspect the plantings for the bank restoration of Back Bay
Brook and discovered Mosquito Control had done a lot of damage to the area including the
restoration area. She showed pictures of the damage.
Elizabeth said she had spoken to the former airport manager, David Dineen, about hiring Mosquito
Control to manage the vegetation. She said she asked him to file a Notice of Intent for the
vegetation management; the Nor was never filed. She has talked with the new airport manager and
with Mosquito Control; they will pay to replant the damaged areas, using low growing, non-fruiting
shrubs that wiil not attract wildlife. She said the restoration should not be done at this time; it is the
wrong time ofthe year.
Elizabeth asked if the board would like Mosquito Control and the Airport to come in to discuss the
damage. She suggested the airport contact Karro Frost regarding the plantings; she will be working
in this area for the next three years.
Because the work can not be done at this time, Mr. Mulkern asked if money should be put in escrow
until the restoration is completed. If the restoration is not done or completed there will be money to
complete the work.
Elm Street, Thomas Walsh: Elizabeth met with Mr. Walsh, his consultant Mr. Patnode and Mr. Feck.
Mr. Feck is proposing a detention basin to improve the drainage system; the water will be processed
prior to it entering the bordering vegetated wetlands. This work will be outside jurisdiction. A
subsurface pipe that has been illegally discharging into the wetlands and onto town property will be
capped.
The siltation in the wetlands still needs to be addressed. Brad Holmes of Environmental Consulting
and Restoration, LLC will be filing a Notice of Intent for the removal of the sedimentation. The
removal should be done by hand.
October 17, 2011 Minutes: Ms. Matthew asked that page 3, paragraph #7 be changed from [An
above-ground pool was applied for in June 2005 and approved by Conservation. On August 1, 2005,
the homeowner asked to change the application to an in-ground pool. This permit did not receive
Conservation approval] to [An above-ground pool was applied for in June 2005 and approved by the
then agent but without the board's knowledge. On August 1, 2005, the homeowner asked to change
the application for the above-ground pool to an in-ground pool. This permit did not receive
Conservation approval].
Mr. Smith made the motion to accept the October 17, 2011 minutes as amended.
Ms. White seconded the motion.
Motion passed 7-0-0.
Outreach:
Ms. White updated the board on work being done on Conservation Land with Jack Vultaggio, Jack is
doing his senior project with Conservation and has been working with Ms. White at Corporal Robert
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Francis Hardy Conservation Area doing maintenance work and marking the trails. He has completed
the work in this area except for the trees downed in the storms this past summer and in October.
Jack is now doing trail maintenance in the Marie Streese area. Ms. White said she there are 2 or 3
bridges on the Marie Streese property that are old and have not been well maintained. Ms. White
said the repair and maintenance of the bridges would be a good Eagle Scout project.
Ms. White told the board Lou Andrews and NRT are updating the trail mapping for the Marie Streese
area. She said the current map for this area is not accurate.
Ms. White said the Mansfield Conservation property boundary signs have been delivered. She said
she will begin in the spring to identify important areas in town where the property boundaries need to
be marked and install the signs.
Ms. White said she has been working with the Mansfield GIS Department to create draft maps of
areas where hunting is allowed on Conservation land. She said she has a draft map of hunting areas
for Sweet Pond Conservation Area located off otis Street, The Great Woods Conservation Areas
located between Route 495, South Main Street and Judy's Lane and Marie Streese Memorial (York
Conservation Area) located near the intersection of Branch and Ware Streets.
Ms. White said she has reviewed the deeds for Sweet Pond and Marie Streese and has found nothing
in the deeds restricting hunting on these properties. Hunting is allowed in The Great Woods.
Ms. White would like the board to look at the draft maps for these areas and vote to finalize the
maps. She said she hopes to have the maps printed in January and will add the maps and the
hunting information to the town's web site.
Amendment to the Regulations:
Under "Jurisdiction" The Resource Areas Subject to Protection under the Bylaw.
(i) Lands within 100 feet of any certified vernal pool: Amend to read "Lands within 100 feet of
any certified vernal pool collectively known as the resource area".
(j) Lands within 100 feet of any wetland identified by the State as Estimated Habitats of Rare
Wildlife: Amend to read "Lands within 100 feet of any wetland identified by the State as Estimated
Habitats of Rare Wildlife collectively known as the resource area".
Each resource area listed above (a-j) shall have a 25 ft. no disturb zone.
Ms. Matthew made the motion to amend the General Rules and Regulations of the Town of Mansfield
Wetland Protection By-law, 2. Jurisdiction, Not Disturb Zones, Definitions - 1. Resource Areas
Subject to Protection Under the By-law, (i) and (j).
Mr. House seconded the motion.
Motion passed 7-0-0.
Mr. House has resigned from the Commission. The board thanked him for his service.
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New Business: Ms. White said she would like to discuss the cancellation of the Executive Session for
December 19, 2011.
Mr. Cauldwell said the Executive Session was cancelled after he and Mr. Mulkern attended a meeting
with William Ross, the Town Manager and Nicholas Riccio, Inspector of Buildings. It was cancelled
because the meeting notice was not properly worded according to certain people and the legality of
the notice was going to be challenged with the Attorney General's Office. So rather than go forward
with a posting that would be challenged, Mr. Cauldwell thought it would be better to repost the
meeting after consulting with Town Council about the wording. Mr. Cauldwell said he thought it was
his decision to make.
Ms. White said Elizabeth went to the Town Clerk for the correct wording and it was posted
accordingly. Mr. Cauldwell said the posting should have said why the meeting was called and the
subject matter to be discussed. Ms. White said she felt the Conservation Department was being held
to a different standard. She said other boards do not do this; some do not even post their executive
sessions. She said we had assistance on the wording of the meeting notice for the executive session.
It seems people do not want the board to meet to discuss our board issues. Why? Ms. Matthew
asked that the meeting notices of other boards be checked.
Mr. Boyden said the decision to cancel the Executive Session was not for Mr. Caul dwell or Mr. Mulkern
to make. The decision should have been made by the board and a vote taken.
Ms. White asked if the board was going to speak with Town Council about the proper wording for the
Executive Session meeting notice and if the board would attempt to have an Executive Session in the
future. Mr. Mulkern said the board has been given permission to consult with Town Council, either
for the meeting notice wording or any other issues the board may have. The board can also request
Town Council attend a meeting.
Mr. Boyden made the motion to have an Executive Session at the January 23, 2012 meeting, the
Executive Session to precede the regular meeting.
Mr. House seconded the motion.
Motion passed 7-0-0.
The board thanked Mr. Cauldwell for his service as chairman.
I 9. Adjournment:
Motion to adjourn: House/Boyden Passed 7-0.
Next meeting will be January 23, 2012.
~'~a~/d4f/J
Colin Cauldwell, Chairman
I ;':r~ Z-
f Date
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