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HomeMy WebLinkAboutConservation Minutes 10/15/1990MONDAY, OCTOBER 15, 1990 -- PAGE i Members Present: Chairman Powers, Commissioners Gaul dwell, O' Nei 11,,Owens,' -j Poholek, Rhoads, Smith The meeting as called to order at 7:30 m. 9 p° CERTIFICATE OF COMPLIANCE - SE211 -322 MDTION: To grant a certificate of rompliance, with covefi<le �eljuAAy1g�g that the building construction will require aYling of Notice of Intent, (Owens - O'Neill; all in favor) VOTED BOND MONEY FOR JASON LANE - arrangements to complete Jason Lane are underway with the Planning Board. PROPOSED RULES AND REGULATIONS FOR CONSERVATION PROPERTIES: Mary Tuluvicis, 467 S. Main St., supports proposed regulations. Richard Fiskey 15 Alden St. asked why snowmobiling is allowed in Maple Park only. The commission stated that it may be the case that sufficient acreage is unavailable elsewhere without trespassing onto other people's properties. The intent is to allow snowmobiling only with proper coverage and marked trails. Meg Roberson, 259 Otis St., asked about dirt bikes, and was told that dirt bikes and ATVs would be prohibited as well. She voiced support for the proposed regulations., Doug Roberson mentioned being bothered by nuisance shooting, and would like to see no shooting permitted. The Robersons have called police in the past, but said that the officer dispatched told them that the owner- of the property was training dogs with blanks. On other occasions, the police have told them that they will not pursue any shooting problems, unless the area has been.posted. The Robersons were advised by Chairman Powers to get name of officer giving that response, so the commission can take it up with the Police Dept. They have.also heard what they considered automatic or semi - automatic weapons; this was corroborated by other residents present, including Mr. Wilson of Oakleaf Drive. It was pointed out that many of the Robersons' complaints were about conditions already prohibited by hunting laws. Doug Wilson, Jr. 1, Oakleaf Dr. :J Regarding overnight camping, Mr. Wilson 'suggestsIthat individuals (residents, as opposed to groups) should not be prohibited "'Regarding the sunrise to sunset restriction, he observed that coon hunting is llowed only in the evening. Regarding the restriction of snowmobiling to Maple Park, he pointed out that the Great Woods area has many trails: Mr. Wilson alleges that off School St. has always been a right of way, but that Mr. Nelson has recently fenced it off. Doug Wilson, III, of 300 Elm Terrace, agreed.,, The commission felt this should be looked into, as to whether a right of way may have been established Mr. Wilson Jr. has not hunted in this town for three years, but feels that he has the obligation to protect rights of hunters. .If the population becomes too large, or the area too small, Mr. Wilson asserted that the state itself will shut hunting down. George Cruise, 303 Pratt St., is at Maple Park every day and doesn't see any particular harm in the snowmobiles. However, he feels that the dirt bikes are tearing the place apart; the banks are eroding. The dirt bikes are coming in over the pipeline; they make the paths unsafe for walkers. He is a hunter, but feels that the Maple Park area has too many people in it to make hunting safe. As an aside, he noted that four cesspools in the area behind the former bathhouse should be filled in. Bill Madan is,not a hunter and enjoys walking on conservation land, but asked how these regulations will be enforced. If it is illegal to hunt (or trespass) property must be posted every 100 feet of the property line. MONDAY, OCTOBER 15,- -1990 Mr' Wilson'III added that it would be impossible to' -post the entire area.,, Phil Beatty, 24 Shiloh Dr., wishes. to preserve the right to_hunt and does .not want the'privi,lege taken away. He noted that.due,to development, animals' habitats are disappearing. ' Mr. Madan asked whether it would be possible to post some of the areas without an.'instrument survey, one parcel at a time. For eiample,- the area around Sweet's Po' nd'and Little .League sfields is probably not a.good place to hunt. Mr. Madan asked that the Conservation Commission do whatever possible to create enforceable regulations, so they are not just more words on paper. Hunting rules dictate no shooting 150 feet from highway or paved surface - road; or'_500`ft. "from another-'s dwelling, except as authorized by,owner,or _ occupant. [Comm. Rhoads arrived.] Ms. Roberson: If hunting is allowed, what can be done to warn people. She was advised to wear - hunter orange, :100,sq. - inches. She asked whether the Conservation Commission would then recommend that non - hunters should not be on these lands ?. Comm. Cauldwell- responded ,� that :people. should. be- warned, and , observed that the::situation: involves a clash of public rights, since the public has been, invited to. use theserlands. Mrd' Beatty :.observgd that bath hunters, and walkers have rights, and said : that When 'growing up, :he:wasnIt allowed to, go in the' woods,_ during hunting season. It.was: noted that certain species can be hunted, all year round. Comm. Cauldwell noted- that'Wildli.fe protection is partially funded by hunting 'licenses. ,�Comm." Owens' stated that his paramount concern is public safety - not rights, not revenue' revenue'L He'ooted - that.points - raised about implementation must be addressed. r There has been little success concerning any :education /outreach up this point;'thinking we can conduct proper education with regard to proper.;�- behavior during hunting season is not feasible. Comm - Foholek `agrees "with Comm .'Owens;" all:the.nei,ghbors with whom he has 1 = spoken are appalled± to ,think hunting is allowed on, the conservation property; 'a er mast people are shocked to encounter;guns;.be:cause this is an .era when the, woods ' are; ncreasingly being used -far passive recreation, he is concerned for 0 -ublic According .to his informal.surveys,;hunters are outnumbered by people who don't understand_ the � laws, etc ,and ate being ..squeezed out" by development. ,' Tim McIntyre, $p ring St ,noted there are places in Mansfield you can't get to on foot�'no houses �He "suggested that - _areas in;Maine have 6een'posted "shotguns- only ", which m'ay'be a sensible regulation to, pursue. Commissioners advise d, the`publk to.,call`poli.ce -if guns are ,,heard.; { ;_ Comm: Rhoads toted that he'doesn,t think there 'Is,any trade -off where safety'is concerned. He pointed, out that.everyone has rights, -and that - regU lations do take away some rights from_n few in order to create the best situation for the.largest, number In order to Compromise, "the - commission ' needs all information possible, and he requested input from ''those who utilize the lands, whether. any of the lan'de. under "the jurisdiction of the Conservation Commission are :productive . hunting lands, . and :to what degree are they used. Mr. Wilson reported that.one and.a half,years.ago. there were 320 license holders•.in this town, either - hunting or sporting. Information taken from one and a half years ago. Information;.is'not available as to how many people hunt in Mansfield;: but people do come from other towns.- and they will not know about Mansfield's regulations. r Mr.;Fiske:_ ;The- Great Woods, area and, the.Strese. property, are,-,the two areas he uses. The spec iesfsupported'.include deer, rabbits, goose,; and duck.: Mr: Wilson III knows of' at least five incidents this year. in which deer MONDAY, OCTOBER 15, 1990 -- PAGE 3 were killed on Mansfield roads. There is a deer herd around 106, along Canoe River area, southeasterly corner of map. Comm. Rhoads commented that White Mt. National Forest is multiple use: certain uses are not compatible with other uses; perhaps in Mansfield walkers should have areas where they shouldn't have to worry about hunting. Hunting areas should be well thought out and well documented, and not in an area where active and passive recreation has been encouraged. Limiting to shotguns is another potential regulation to be considered. Comm. Owens agrees. Get away from generalities, see the sites individually, make decisions. Mr. Wilson suggested posting safety zones, rather than posting no hunting. Mr. Fiske stated that shotguns are the only weapon allowed in this area of the state. Districting areas would be acceptable to him. He suggested making rules similar to state regs. if hunting is allowed, making it mandatory to wear an orange cap. Mr. Wilson III encouraged the commission to walk parcels before deciding. Commission invited residents present to walk with the commission in its attempt to develop plans for best uses of the land. On dates when parcels will be reviewed, Dick will be notified so people can contact him. Commission will walk the Canoe River greenbelt parcel on November 3rd at 8:90 a.m. (meet at entrance ,lust before Canoe River campground). MOTION: To continue this hearing to site walk and then Tuesday, Nov. 13, at 8:00, to be limited to 1/2 hour. (Rhoads - Cauldwell; all in favor) VOTED WIND CHIME SUBDIVISION: Saturday the Conservation Commission walked near Wind Chime Pond. Comm. Cauldwell returned on Sunday after rain, where drainage ditch skirts easterly section of pond. Concrete structure, 10" lip; Sunday afternoon, water on ;.downstream side was up to within 1/2" of that lip. Comm. Rhoads: Backwatering should not be a problem, or at least not for very long. Purpose of drainage ditch: to keep water separate from the pond; it is doing that: Comm. Rhoads observed problem with swa�e �n�re sl� #`yxils�coimart�r� solved by putting a diversion ditch into pond, whici reins coon er pto covVants, but if you minimized fertilizers on lawns, impact would be minimal and back yards would be drier. Regarding the Superseding Order'- the commission's enforcement powers are limited to performance standards where there is a wetland resour a being damaged, either by continued non - compliance or during a construction matter. The commission doesn't feel it has enforcement powers to see that pond is built according to the plans. Problems exist with: 1) the swale that drains rear yards; the further from discharge, the less it functions; 2? the swale that discharges street drainage is of a very flat slope and has had to be repaired at least once; 37 possible steepness of banks below water at the pond. 11 If plans showed swale going up only 100 ft., that's the measuring tool by which DEP decides compliance. The question is, was the swale approved on the plans all the way; 2i, Instability, grade - could be enforced by DEP. Comm. agrees that it- doesn't have power to enforce plan, but could write letter stating the issues, stating the issue of the pond slopes as "it has been reported to us," with the first 2 issues being observed first -hand. Dick will write a Courtesy letter, including preamble stating the commission's view of its own authority in this matter, to Elizabeth Keuleheras of DEP, with a cc to her superior. Mr. Faretra and Mr. Peter Hand of 42 Windchime Drive, were present and stated his hope that the Conservation Commission's opinion carries more weight than the residents. f,' t MANSFIELD MONDAY, OCTOBER 15,1990 -- PAGE 4 MOTION: To 'Write courtesy letter, including preamble, etc. listing three areas, as'stated above, to'be signed by;the chairman, with :a cc to'the 'board of"Selectmen and to Ms..Kouloheras' superior. (Rhoads - Cauidwell;' all in favor) VOTED. "- MOTION. To 'send copy of-the Nelson enforcement order to town, counsel, for civil action:; (O'Neill - Cauldwell;:all in favor, Smith abstaining) VOTED 256 WEST ST. ZONING APPEAL:, Flan before coning board does not show the wetland resource areas which exist-at the site'.` Dick has drafted a letter to the -ZDA.' MOTION: zTo send letter presented by Dick.. CGaitldwell' OrNei11;!all -in favor ?': - VOTED- Meeting 'adJourned`at 11:00 p.m. Approved-by. Date.to town clerk: /pf � Cil x x� x f,'