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Home My WebLink AboutConservation Minutes 3/5/1990MANSFIELD CONSERVATION COMMISSION MINUTE$ 1 MONDAY, MARCN 5, 1990 -- PAGE Members Present: Chairman Powers, Commissioners CaUldwel __0,ei. }1,1, G gns, L { - -(�� 1 ��J 'Rhoads -The meeting was called to order at 7:30 p.m. si i1 MOTION: To accept the minutes of 2 -26 -90 as cvrrectei: f (O'Neill - Cauldwell; all in favor) VOTED CERTIFICATE OF COMPLIANCE - 135 Winter Street - SE211- -98 MOTION: To issue the certificate, (Rhoads - O'Neill; all in favor, Owens abstaining) VOTED EXTENSION PERMIT - Potash Rd., Van Koert Farms - SE211 -190 The applicant responded to the Commissions letter stating that the remaining two lots will not be built in the near future, due to market conditions; he asked for a three -year extension. MOTION: To extend for three years from date of expiration with the addition that dry wells for roof leaders be included in future development of the remaining two lots, (Rhoads - O'Neill; all in favor) VOTED BONDING FOR-AUSTIN FARMS REPLICATION: MOTION.".To'accept the $25,000 surety presented by Mssrs. Bonvie/Folkman in the form presented, to be field by _the Town Treasurer,, to allow use by the Commission (as outlined in its previous votes and orders) should the work, not be performed as required, (Rhoads O' , - ,Neill; a11, in favor.. Owens abstaining) VOTED jtULE$ AMD'REGULATIONS FOR CONSERVATION LAND Discussion continued from the 'December meeting that was based on Wrentham r`egs: CSee, min uteIs of '12 -18 89 ):Quest ions 'arose „as to whether parcels the Conservation` Commission owns would, be big enough ,(over, -500 'f t. `from dwelling) to permit ,hunting Comm'fthoads suggested '.drawing radii based on a s maps. fx Ms. Roberson° was advised "tha "t most�of the` pro ' blems ? she is having'in using the woods resul s from -indiv:Ld-als'floiCting currently existing "laws which already ` prohibit sud`h activities The,playng fields should be protected. 'Five hundred feet :from playing fields is place to start. The Conservation Commission can ;protect its'•own land with regulations. The commission will send a letter to oard of_Selectmen, Town Manager, and Police Dept. about the violations occurring on 'conservation land. Comm. Cauldwell gave Ms. Roberson the 800 number of the environmental police and encouraged her to "catch them in the act and report them." MOTION: To send letter as noted above {to Police Chief, cc to others), urging that enforcement action be taken. (O'Neill - Rhoads; all in favor) VOTED Dick raised the issue of liability problems which may result for the town, given that use of conservation land is encouraged by the commission. With regard to snowmobiles, Dick mentioned that motorized vehicles present a clear potential danger to water supply in areas such as Maple Park. There may have to be subsets of regulations for specific parcels of land, in addition to a general set of rules which applies to all parcels. Comm. Owens Suggested that the commission should view the conservation land with a view to regulating its holdings. MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, MARCH 5, 1990 -- PAGE 2 Include in future regulations (based on Wrentham list) language controlling intoxicating beverages. Open fires and liquid fuel require ..permission from Fire Dept. after obtaining Conservation Commission's permission. -:No littering permitted. Permission to use the area may be denied for any reason relating to health, safety, and welfare. Liability issue 0107 should read: "Persons using the conservation area assume all risks involved. The Conservation Commission cannot assume for the Town of Mansfield liability for injury, damage to property or other losses." No. 11: "This area is open at sunrise and closes at sunset, except as permitted." Dick will present a draft of the proposed regulations to the commission. WINTER CLOSINGS Dick's recommendations: 1. For Certificates requested May 15 - November 1, no certificates will be issued unless the project is completed to the satisfaction of the Conservation Commission. 2. For Certificates requested between November i - May 15, the commission will issue a certificate if the project is not complete when: a. the commission finds that the nature of the lot or project site (minimum grade, natural vegetative buffer, etc.) would reduce or elirginate the 'potential impact to the wetland resource are d O.PorosA b.' Comm. Rhoads proposed additional language to certificate showbt s that a particular condition (e.g., J oamingy seeding, grading, stabilizing) still stands incomplete. (box 5 on certificate form) 3. The closing and /or escrow document 'must contain language which grants the = Conservation Commission the authority to enter onto the property in question ideal' ion of the s feeling ace to hold F Dick suggested that for subdivisions a locus plan showing lots, wetland lines, stormwater drains, etc. should be filed at the registry. For some single family lots, plans should also be filed in order to put homeowner on notice as to where the wetland line is. A policy proposal will be drafted. PLANNING BOARD VIS -A -VIS MANSFIELD MANOR Dick and Chairman Powers are monitoring the discussions /hearings at the Planning Board, and will report back to the commission with regard to how best MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, MARCH 51 1990 -- PAGE 3 to get work completed this construction season. Chairman Powers feels that a Joint meeting of Conservation Commission and Planning Board would be in order. AMTRAK SITE REVIEW - 9:30 A.M. 3- 10 -90. NEW ENGLAND INSTITUTE FOR ENVIRONMENTAL STUDIES - Dinner cancelled. LETTER FROM TOWN COUNSEL REGARDING RULES AND REGULATIONS. Section V of Conservation section of the towns bylaws, which states that the Conservation Commissione can change its regulations without town meeting approval is invalid. It appears that regardless of what law our bylaw is under, the regulations can only be changed with annual town meeting approval. Therefore Dick proposes to join the two articles proposed earlier and write a warrant article to include the provisions adopted by the commission last year. MOTION: To instruct Dick to write such an article. (Owens - Cauld(4ell; all in favor) VOTED LIBRARY /COUNCIL ON AGING Comm. Cauldwell spoke regarding the mislocation of stream behind library and incumbent problems (fire exits, too steep a slope, etc. ), suggesting a ground -level fire escape which would allow people to exit in an area where people could actually walk. Comm. Cauldwell has volunteered to attend meeting with building inspector and library people. MOTION: To authorize Comm. Cauldwell to attend on behalf of the commission, (Rhoads - O'Neill; all in favor) VOTED separate from that "re garding movement of the The commission hopes for endorsement of its a committee. The meeting adjourned at 10:45. Approved by: /pf ing regarding article allowing f previou memo' cc to TM VOTED ent to include moving leftover nd: acquisition 'as well. these -funds in an article 's Pond cleanup money. e by the capital improvements Date to town clerk: