HomeMy WebLinkAbout06182012 CONSERVATION EXECUTIVE SESSIONConservation Minutes
Executive Session
June 18, 2012
9:00 pm
Present: Colin Cauldwell, Vice Chairman
Michele White
Paul Boyden
Jack Smith
Carole Matthew
Michael Healey
Elizabeth Leidhold, Conservation and Environmental Planner
Absent: Joseph Mulkern, Chairman
RECEIVED
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2012 SEP 25 A cV 23
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HASSNUSETTS
Motion: To enter into Executive Session for the purpose of discussing the appeal of the superseding
Order of Resource Area Delineation (SORAD) for Lot 4, Gilbert Street (GRAD DEP # 211 -0878) and return
to open session for the sole purpose of adjournment.
(Boyden — Matthew)
Roll Call Vote: Vice Chairman Cauldwell, aye; Boyden, aye; Smith, aye; White, aye; Matthew, aye;
Healey, aye
Vote: 6 -0 -0 Passes
The Commission entered into executive session to discuss the appeal of the Superseding Order of
Resource Area Delineation (SORAD) for Lot #4, Gilbert Street appeal (ORAD DEP #211 - 0878).
Elizabeth updated the Commission regarding ongoing correspondence between the Commission's
attorney, Ken Whittaker, (through Commission Chairman Joe Mulkern) and DEP. There was general
discussion of the SORAD and the legal issues the Commission has with the decision by DEP to approve an
entirely different delineation from that approved by the Commission under the ORAD. The Commission
feels strongly that the DEP left the local Commission and its residents out of the regulatory process by
not remanding the filing back to the Commission for either an Amended Order or an entirely new Order.
In order to prevent this from happening in the future the Commission decided unanimously to pursue an
Appeal of the SORAD.
The Commission voted unanimously to approve the expenditure of up to $2,000.00 to be paid out of the
Wetland Protection Act Account to fund the Commission's Attorney, Ken Whittaker, to pursue the
appeal of the SORAD.
Motion: To close the Executive Session and return to open session
(Boyden — Matthew)
Roll Call Vote: Vice Chairman Cauldwell, aye; Boyden, aye; Smith, aye; White, aye; Matthew, aye;
Healey, aye
Vote: 6 -0 -0 Passes
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Motion: To adjourn at 9:30 pm. (Boyden — Matthew)
Colin Cauldwell, Vice Chairman
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Date of Approval
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Date of Release