HomeMy WebLinkAboutConservation Minutes 9/16/1991TOWN OF MANSFIELD, MASSACHUSETTS
50 West Street, Mansfield, MA 02048
MANSFIELD CONSERVATION COMMISSION
AGENDA
MONDAY, SEPTEMBER 16, 1991
7:30 Call to Order
8:00 DISCUSSION OF CONSERVATION COMMISSION RULES &
REGULATIONS
8:45 DISCUSSION RE FISH & GAME PROPERTY
AS TIME ALLOWS:
CERTIFICATES OF COMPLIANCE:
SE211 -340 - 571 Maple St.
SE211 -312 - lot 2, Riverwood Dr. (partial)
SE211 -292 - lot 8, Riverwood Dr. (partial)
SE211 -355 - lot 13, 10 Ephriam Dr.
EXTENSION PERMIT:
SE211 -162: lot 1, Shannon Lane
ORDERS OF CONDITIONS:
SE211 -335 (945 East St., Amended)
NEW BUSINESS
CORRESPONDENCE
MINUTES
i
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, SEPTEMBER 16, 1991 -- PAGE 1
Members Present: Chairman Powers, Commissioners Cauldwell, O'Neill, Owens,
Poholek, Rhoads (after 10:201
The meeting was called to order at 7:30 p.m.
CERTIFICATES OF COMPLIANCE:
SE211 -340 - 571 Maple St.
MOTION; To release SE211 -340 contingent upon pavingtberm being completed,
(O'Neill - caulawell; all in favor) VOTED
SE211 -312 - lot 2, Riverwood Dr, (partial)
MOTION; To release lot 2 from 6E211-312 and from SE211- 292 (partial
certificate'
(O'Neill - Owens; all in favor) VOTED
SE211 -292 - lot 8, Riverwood Dr. (partial)
MOTION: To release lot 3 from SE211 -292 (partial certificate)
(O'Neill - caulduell.v all in favor) VOTED
SE211 -355 - lot 13, 10 Ephriam Dr.
MOTION: To release lot 13 from SE211 -355 contingent upon the remaining
landscaping Tieing completed.
( Cauldwell - Owens; all in favor) VOTED
MOTION; To release lot 3 Conrvd Acres (partial) from SE211 -370.
100 Nei11 - _`auldwell; all in favor) - VOTED
ORDERS OF CONDITIONS:
SE211 -335 (945 East St., Amended)
Add new special condition requiring the applicant to submit documentation
that DEP has received amended plan before any work is done.
MOTION. To issue with new special condition as above.
(CauldwelI - Owens; all in favor) VOTED
DISCUSSION OF CONSERVATION COMMISSION RULES ° REGULATIONS
Public input:
Mr. Clemmey of 390 West St. stated that he doesn't want members of the
public to access Great Woods through his property, and that he is against
permitting hunting on any conservation land.
Bill Morton, 5GO East St. voiced concerns about illegal trash dumping in
the area around Mill Pond and asked the commissioners who has the power to
prevent dumping on public land. Chairman Powers noted that the Mansfield
Conservation Commission has had differences of opinion with Board of Selectmen
regarding fencing off of public land, and that such issues have yet to be
resolved.
Commission changes:
Comm. Owens: add the phrase "or individual commissioners" to 09 liability
waiver.
Consensus is to adopt 1 -10; questions remain on snowmobiling and hunting.
Consensus: Comm. Owens - favors motorized vehicles in designated areas
only. Comm. O'Neill: favors allowing registered vehicles only, in designated
areas. Comms. Cauldwell, Poholek and Chairman Powers agree with Comm. Owens.
also. Consensus is to accept B12: "No motorized vehicles (dirt bikes, ATVs,
etc.) allowed except in designated areas.
Hunting: Comms. O'Neill and Owens are against permitting hunting on
any Conservation Commission properties; Comm. Cauldwell is in favor of allowing
hunting except for the Sweet area. Comm. Poholek has reservations about the
Fisher /Hallett parcel because it was never reviewed by the entire commission
with a view towards hunting. Chairman Powers has reservations about hunting in
certain areas, e.g. Sweet's Fond area, parts of the Fisher /Hallett parcel. She
favors allowing it in the Great Woods, the Maple Park area, and the Canoe River
MONDAY, SEPTEMBER 16, 1991 -- PAGE 2
area, and is ambivalent about hunting on the Strese parcel.
All commissioners agreed that the regulations should be submitted to
town counsel, who should be asked: (1) whether the commission is opening itself f
to liability issues by voice a policy allowing Jhunting on any parcels; (2)
whether the commission has to post the land if. hunting is prohibited, in order
to enforce the rule; and (3) what are the powers of town constables.
MOTION: To close the hearing, with decision to be taken after we receive
information back from town counsel.
(Cauldwell - Owens; all in favor) VOTED
DISCUSSION RE FISH F GAME PROPERTY
CComm. Cauldwell removed himself from the board for the duration of this
hearing.] Dick distributed a draft letter to the Mansfield Fish and Game
Association. The letter states the commission's that while the Fish : Game
Association not strictly observed the law regarding obtaining approval for
improvements as per the deed, neither has it acted in a secretive fashion; the
letter also observes that certain areas must be stabilized and that any new work
proposed within 100 feet of a resource area requires the filing of a
Determination or Notice of Intent.
Additions /revisions to letter:
-01: 1st sentence change "while" to "although "; end of sentence should
read: "the Commission feels its primary responsibility when improvements
are proposed is a review under the Wetland Protection Act.''
-- - 03: end of sentence should 'read: "the Commission feels that the
improvements have been undertaken in the public view, and the Association
has not acted in a secretive fashion."
- -Para. 05: change "bothered by" to "concerned with"
Letter should be from the Mansfield Conservation Commission
- -New paragraph should include a -request for data to confirm that excavation
which has taken place has not impacted groundwater, once the areas are re-
vegetated. Require a groundwater monitoring program, including a minimum of two
readings, preferably three to four per year.
MOTIO& To send letter as revised by the commission,
COwens - Poholek; all in favor, Cowin- C.aeldwell absent) VOTED
Mr. Morton objected to the letter voted on by the commission, feeling that
it should be concerned with issues in addition to the Wetlands Protection Act.
He maintains that the Fish & Game Assn. has acted in a secretive manner.
Commissioners voiced the opinion that they had received information from all
parties concerned sufficient to make an informed decision.
MOTION: To end the discussion concerning Fish & v^awe.
.CUwens - O'Neill; all in favor? - VOTED
CComm. Cauldwell returned to the meeting.]
EXTENSION PERMIT:
SE211 -162: lot 1, Shannon Lane. Rosemont Devt. requested one -year
extension. An October 1991 deadline was set for the replication area (for
SE2111 -124) in Special Condition 01. ;Comm.. Rhoads arrived.]
MOTION: To deny the extension request and issue an enforcement order for
SE211 -124 and 162 for the replication work.,
(O'Neill - Cauldwell; O'Neill - aye; Powers, Peholek, Cauldwell,
Owens - against; Rhoads abst.) MOTION FAILED
Comm. Owens suggested holding them to the October 1991 deadline, and then
issuing the enforcement order if and when it is needed. C,
MOTION: To send letter denying the request for extension and reiterating
that replication for SE211 -124 writ be done within the time frame
MONDAY, SEPTEMBER 16, 1991 -- PAOE 3
.specified.
Owens - C'aulduell, all in favor, Rhoads ah5t.' VOTED
NEW BUSINESS:
October meeting schedule:
The Planning Board requested a joint meeting to discuss stormwater
management alternatives etc. in response to Comm. Rhoads' letter. The consensus
was to meet with them at their Oct. 16 meeting. The commission's meeting
schedule in October will be: brief meeting 10 -7 prior to Special Town Meeting;
meeting with Planning Board on 10 -16; regular meeting on 10--21.
Regarding a Negative Determination issued for Mr. _'eche'r for construction
of a shed /greenhouse /solarium area: He is proposing to extend the greenhouse by
two feet, and is notifying the commission as per the determination conditions.
MOTIOM: To send letter accepting the new play: as the plan of record.
&Hens - Rhoads; all in favor? (Cam /dr / / <bsf < ;.; �j VOTED
Site walk: the Stearns Hill site walk was rained out last Saturday. Dick
will look at the site with the goals of suggesting areas to be reviewed by
the commission at its walk on 9 -28. He will do the same for Deerfield Estates.
Abutters present for the site walk will be notified.
Enforcement Order, Cobb St. area -- Chairman Powers and Comm. Rhoads
observed activity in and near Back Bay Brook. near Cobb St. The focus of
attention is placement of fill in a portion of Back Bay Brook south of Cobb
Terrace. (Map 34 parcel 98, owned by Karl Clemmey.) According to Comm. Rhoads,
there is little or no bordering vegetated wetland associated with the area; the
protectable resource area would probably be considered bank and land under water
body, the fill was clean gravel /sand. About 100 sq. ft. has been impacted. The
rough road hadn't really changed in grade, just cleared, and a new pipe
installed. A portion of it was within the 100 ft. buffer zone, but there has
been no impact as yet, according to Comm. Rhoads. The fill within the resource
area and activity within the buffer zone is currently causing no problem but
over time (i.e. in wet season) may cause a problem. He felt it was appropriate
to issue an Enforcement Order requiring a filing for placement of the fill or
else remove the fill.
NOT100 To issue a Cease and Desist, requesting a filing of Notice of
Intent or equal action Q,s,, removal of the fill) within 30 days.
(Rhoads - Poholek, all in favor) VOTED
Dick has concern about the size of the pipe put in the area - the 8 -inch
pipe seems too small given that there is a much larger pipe a bit further on.
He suggested specifying pulling out the pipe in Enforcement Order. Comm. Owens
expressed for the record his frustration at violations of this nature,
particularly where there are already outstanding issues with the same
individual.
Mr. Karl Clemmey was present and maintained the town of Mansfield has done
all kinds of work on his property without proper hearings, etc. His view of the
events is that he went in and replaced a pipe, in an area which is not, the Back
Bay Brook. He requested place ent on a future, commission meeting agenda.
Ili invl ca( �Ae Comm'ss'ionePS o - evle -J A& s7k.
The meeting adjourned at 11:15.
Approved by:
/pf
Date to town clerk:
September- 16, 1991