Loading...
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