HomeMy WebLinkAboutConservation Minutes 11/26/19907
Members Present: Chairman Powers
The meeting was called to order at
MINUTES:
MOTION; To accept the ndnutes
CC'aulduell
CORRESP014DENCE:
Commissioners Caul.�dl3, +OCeill, Fohalek
7:30 p.m.
�{ rc t.0 i3 (it
OF 11 -13 -90 as corrected.
all in favor, OINei�J VOTED
-- Letter from Comm. Smith stating that he had previous been unaware that
his wife's company would be bidding on work associated with the school project;
he will refrain from further votes and will carry out commission's interests
with regard to the project.
- -Luck will be meeting 11 -27 at 1:00 p.m. -regarding potential purchase of
land owned by Doug King in Mansfield /Easton/Norton; the meting was initiated by
a subgroup of Canoe River Aquifer Advisory Commission.
- -Sill Morton, 560 East St. was present to discuss his letter re Fish f.
Game Club activities. Comm. Cauldwell excused himself from the commission for
this. discussion. The letter from Mr. Morton requested clarification of the fact
that deed restrictions appear to exist by which approval by Conservation
Commission and Selectmen is required for any changes made to the property.
The history of the property, and associated controversies regarding to its uses
and ownership, were briefly reviewed. Several town bodies /officials (Building
Inspector, Zoning Board of Appeals, Planning Board) have been in disagreement
over various aspects of proposed activities and legal requirements for them.
The Request for Determination of Applicability granted by the commission
covers only a small prortion of the activity which has taken place on the site
over the years. Comm. Rhoads summed up the consensus of the commission by
noting that, given that the deed restriction has apparently not been lifted,
the commission's responsibility with regard to these matters includes requesting
that the Fish and Game Club supply either for (1) proof that the deed
restriction has been lifted or an explanation of the improvements made since
1972 and (2) a request for approval of the Conservation Commission and
Selectmen. He noted that until these conditions have been addressed, the Fish
and Game Club proceeds with any work at its own risk.
NOTION: To send letter requesting that Fish* and Ga me appear within 30 days
before the commission to prove that the dead restrtiction has been
lifted, or else to justify the improvements made vis -a -vis the
deed restriction; with caveat that any further construction
without approval is at its own risk; including any documentation
of approvals given; with cc to &card of Selectmen, Mr. Norton,
Mr. Conk, Planning Board, ZBA, Rcting Town Manager
(Rhoads - C +'Heill; all in favor) VOTED
Comm. Cauldwell rejoined the commission for the remainder of the meeting.
PETER DEGIROLAMO - Order of Conditions, SE211 -337
Mr. BeGirolamo had the following questions about his orderof conditions:
(1) Regarding Special Condition 01, Mr. DeGirolamo stated that the date for
removal of material (1 -91) is is in the hands of the DEP, which has not
acknowledged his correspondence of June 1990 on the subject. (2) Special
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Condition 43: He asked for clarification on "stockpiled and ground -up material''
and was told thiaC any material that has, been ground,:, or any new material brought
in, to be crushed, etc., that might be stockpiled should be placed outside the
buffer zone, Q) Special Condition 07: Mr. Deuirolamo objected to the phrase %
"specifying'Isgitare,footage are of any wetland resource area that has been
filled" since no wetlands have been filled; the commission explained that this
wZ boilerplate lahguage,'which can be deleted.
Mr. Sohn, abutter, added that the 1 -91 completion date is flexible, as far
as he is concerned; his main focus was that no more rubble be added, A new time
schedule can be worked. out among all parties once DEP respgnds.
On a related matter,' Mr. DeGirolamo has been granted a variance,_ with a
condition to put an earthen berm with trees, along the. back. of Soho's property
and adjacent property; he would like to continue it along the northern edge of
his property, down along the kennel north to south. However, it would be
getting close to wetlands; He.was.advised to file a Reque9t for Determination of
Applicability.
MOTION: To issue amendment to existing order of conditions offering
n clarifications as noted above for special conditions #3 and #7;_,
and changing Special Condition #I to state that the date by which
n: Te.xisting stockpiled material shall he removed shall be set to
coincide with date set -by REP following DEP approval; if no DEP
approval has been received by 6- 15 -91, anew test Pit will be
required.to confirm that there is no danger,
(Rhoads - O'Neill;, all in;favor) VOTED
JASON LANE (SE211 -159)
Town. Counsel`Mangiaratti, - Richard Pasciuto, -I.D.I.C. representative, were
present to discuss outstanding issues regarding the Jason Lane subdivision; Jack
Riccio, owner, of lots 1, 9, was also present. -
The F:II;I.C. is now owner of lots 5 and E in the subdivision, since.Milford
Savings Dank was taken over in June. -Lot 5 A completely released by the town.
Lot G is held by both Boards, and a 810,004 passbook is on hold for completion
of work. In order for the town -to receive the 810,000 they would.have to follow
a length legal: procedure before; _.funds, would be released.. Mr. Pasciuto explained
his interest in seeing the work is completed. Three companies are currently
bidding on the asphalt work and detention area. A draft agreement created by
town counsel was intended to enable the lot to be sold and the 10,000 released
in o'rder'.tb complete work. The agreement ;is currently being, reviewed by
FD.I:C. The agreement: states. that; the F.D. I. C. will do the work. The choice
I
before the commission is, to accept the agreement,_or - to try to get the money in
federal court.' -
- Chairman Powers asked why work completion time frames are not the same for
both P.D. and Conservation Commission issues. Mr. Mangiarotti agreed that the
time frames should be the same,,and Jr. Pasciuto, agreed to this revision. A
typographical error in paragraphs 5 can also be changed so as to refer back to
paragrph 3, not 2. Finally, the commission stated that there could be no
release of_ lot, G until work. in order of conditions is completed. Mr. Pasciuto
agreed.
MOTION: To sign the document with the amendments noted.
(Caaldwell - Rhoads; all in favor) VOTED
D
MOTION: To e.tsnd Extension Permit for SE211 -i59 to December 1991.
(Cauldwell - Rhoads; all in favor) VOTED
Mr. Riccio requested release of lots 1 and 9. Mr. Riccio asked the
commission to rescind former action, in view of the agreement made with FDIC,
including a promise that lot G will not be sold until work is completed. Mr.
Nicholas Riccio requested release of lot-9 now and lot 1 later.
MOTION: To reconsider previous vote.
(Cauldwell - Poholek; all in favor) VOTED
MOTION: To issue the Certificate from SE211 -159, for lot 9 immediately,
and lot 1 to be issued upon receipt of the signed agreement from
FDIC,
(Cauldwell - O'Neill, all in favor) VOTED
MOTION: To ask for Mr. Mangiargtti's advice /boilerplate on language for
accepting passbooks, or to ask his advice on a case -by -case basis.
(O'Neill - Poholek; all in favor) VOTED
Nicholas Harris /Michael Trowbridge - discussion of Ralcom Ridge II Enforcement
Order
Mr. Trowbridge explained that a package had been sent to commission
regarding drainage calculations. Comm. Rhoads stated that the water level
differentials are very slight, regardless of whether a dike is put in. Comm.
Rhoads' talcs. show it makes sense to take the dike down in area H1 because the
impact without the dike is less than with the dike. At the other depression,
the dike would have a negligible effect. Practically speaking, the impact is
negligible. He suggested that the applicant be asked to do an evaluation of
whether any serious trapping os watgrr occurs. The commission would- prefer
to see the applicant secure an /;�fr m'Ilr. Knight, instead of building`;dike.
A Special Condition stated that such details must be worked out before drainage
structures are installed. The Depression D solution is acceptable. Depression
A area is still unresolved. Dick recommended amending Enforcement Order to
allow for binder course, and amending the orders at a future date when both
depression area solutions are resolved.
NOTION; To amend Enforcement Order to allow binder course; dikes at 61 and
82 may be deleted, but there can be no additional impervious
surfaces until depression area R handling has been determined,
prior to January 31, 1991, with recommended solution being the
easement,
(Rhoads - O'Heill; all in favor) VOTED
CORRESPONDENCE WONT.)
-- Release was requested of some of the bond monies on Austin Farms. Dick
recommended releasing 20,000 of the 25,000. Chairman Powers would like an
additional 10% contingency. Comm. Rhoads agrees.
MOTION: To release 19,700 of the $25,000 for the replication areas on
Goose Lane and Fredric Lane; advise applicant that report from
Sanford or equivalent will be required along with as -built plans
before certificate of compliance will be issued.
(Rhoads - Cauldwell; all in favor) VOTED
MANSFIELD CONSERVATION COMMISSION
-- Group II:.Headquarters Civil Air Patrol will be.re- installing, radio
commmunications tower; related to order- of conditions_ for airport fence project.
NOTION; To recognize such re -i» stallatior+ as a Mi)i6r field 'Wdificati"
provided that skstch plan location Do provided and ifo further
action necessary.
COhoad - C-Ruldwell; 411 in favnr? VOTED
Question re budget: historically the commission has submitted land
acquisition request for 100,000 per year; there is currently over $61,000 in
land acquisition accounts. The consensus was is to stick with five year plan of
last year, and to.continue to gratefully receive income from'sale of town
properties.
-- Recommendations for capital_ sPending /conservation management - Dick will
put together priority list, with figuresr and specific proposals for capital
improvements. He will add to capital outlay money for, ,signs, perhaps by
lessening request for office equipment, for example. Dick. made various
suggestions regarding some areas to be fenced. potential parking areas.
--Landfill-capping. - has yet to receive any additional information
from Lorusso Corp. When he gets info, he will bring before commission`. Fence
is 1.5 ft. ofk the ground at the SE 'rear portion of the landfill. Grade will
have to be raised, silting is occurring. Silt in detention area, between
landfill and.leaf composting area. Wintery closing plan may addr.e s< some of
these issue,-.-
Sweet's Fond - a well drilling outfit has done test holes an' conservation
land:.- They have talked to Dick. The per son' in charge should be told that
notification of Conservation Commission in such cases would be appropriate.'
- -New police antenna -going up next to the river. Dick should monitor, find
out, what plans are.
-- School St., Steve Benoit will be- put -ting together an RDA. Dick will'
pursue.
The meeting adjourned at 11:40 p.m.
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Approved \ by �Cc57� Q�yl ryePC Date to town clerk:
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