HomeMy WebLinkAboutConservation Minutes 11/17/1986MANSFIELD CONSERVATION COMMMISSION MINUTES
MONDAY, NOVEMBER 17, 1986 PAGE ONE
Members Present: Chairman Sweet, Commissioners Barr, Graham, Mandell,
O'Neill, Ouellette, Smith
The meeting was called to order at 7:40. '�/�^�pp 0
MINUTES W 1 2
MOTION: To accept the minutes of Aug. 25 as written. _
(O'NEILL — OUELLETTE; all in favor, Smith abstaining) ' D
MOTION: To accept the minutes of Sept. 8 as written.
(O'NEILL — OUELLETTE; all in favor, Smith & Graham abstaining) VOTED
MOTION: To accept the minutes of Oct. 6 as written.
(O'NEILL - GRAHAM; all in favor, Smith & Mandell abstaining) VOTED
MOTION: To accept the minutes of October 27 with the following changes:
Page 3 - add Clarence Leonard's name as Vice President of Hatheway and
Patterson; page 4 - Insert the phrase "According to Mr. Haynes" at the
beginning of the sentence, "The Town Health Agent ... "; page 4 - change
" resotration" to "restoration;" page 6 - add "in the amount of $212.50" to
item number two under Correspondence.
(O'NEILL - OUELLETTE; all in favor, Graham abstaining) VOTED
NOTION: To accept the minutes of Nov. 3 as written.
(O'NEILL - OUELLETTE; all in favor) VOTED
NOTION: To reconsideration acceptance of Nov. 3 minutes in order to change
last sentence of paragraph 2 on page 3 to "The owner of the land is
Mrs. Larsen."
(O'NEILL - OUELLETTE; all in favor) VOTED
CORRESPONDENCE
1. Memorandum from the Army Corps of Engineers outlining restrictions and
specifications for nationwide permits.
2. Copy of Certificate of Compliance issued by DEQE on file SE211 -57, Wind
Chime Estates.
3. Environmental Affairs Newsletter.
4. MACC Newsletter.
5. Letter from Hatheway and Patterson responding to the Commission's request
for schedule of testing water for chemical contamination.
6. Letter confirming the continuation of hearing on File SE211 -180 to
November 24.
7. Copy of Enforcement Order issued by DEQE on November 12, 1986 to Mr.
Titus, under file SE211 -129.
8. Letter and plan from Rim Engineering testifying to the completion of the
temporary compensation area specified in an Order of Conditions issued to
Mr. Bonvie under file SE211 -130.
MANSFIELD CONSERVATION COMMMISSION MINUTES
MONDAY, NOVEMBER 17, 1986 PAGE THREE
Hatheway and Patterson maintained that the Commission had the right to accept
alternative data in the face of credible evidence that the FEMA study is
incorrect. He added that if forced to revise his plans to reflect the FEMA
information, it might be advantageous to his interests but would not be in the
Town's interests, since according to the FEMA study, everything would be
within the flood plain. Commissioner Ouellette voiced her concerns about
setting a precedent by accepting other than the FEMA information.
For the purposes of resolving this conflict, Mr. Folkman will speak to
town officials about what construction has taken place which might account for
the discrepancies between the FEMA data and the CDM report. Chairman Sweet
will speak to DEQE about possibilities for resolving this matter, and
Commissioner Graham will speak to FEMA. A letter was submitted by the
applicant allowing the Commission an extension of one week for writing the
Order of Conditions.
CERTIFICATE OF COMPLIANCE, LOT 6, EASTLAND ESTATES - FILE SE211 -124
MOTION: To release Lot 6.
(OUELLETTE - GRAHAM; all in favor, Barr and Smith abstaining) VOTED
The Commission requested an as -built plan for the grading of the road of
Eastland Estates.
WIND CHIME ESTATES - SE211 -57
Mr. Folkman informed the Commission that there will be a hearing before
( the Planning Board to modify plans; originally two retaining walls had been
required, but sloping easements were obtained which, according to I -fr.
Folkman, eliminated the need for retaining walls.
LOT 2, ERICK ROAD - FILE SE211 -161
All the conditions requested were met. A hearing was held on Lot 2
strictly on the construction of the condominiums and septic system, and not
including the drainage system. It was noted by the Commission that since the
appeal to DEQE had never been withdrawn, the Commission could not issue
another Order of Conditions under this file number, but could only make a
recommendation to DEQE.
MOTION: To send a letter to DEQE recommending denial on the basis of
the land's inability to absorb any added sewage.
(SARA - MANDELL; all in favor) VOTED
RELEASE OF LOTS 4 - 11, CAMELOT ESTATES - FILE SE211 -138
Chairman Sweet asked Town Counsel Dwyer if there were any legal
difficulties with releasing certain lots but requiring a hearing before any
building commenced. Mr. Dwyer recommended that the Certificate of Compliance,
stating that the lots would require hearings and that the release shall ride
with each lot, be filed with the Registry of Deeds.
MOTION: To issue a release on the remaining lots requested by Mr.
Broderick (lots 4 - 11).
(OUELLETTE - O'NEILL; all in favor, Barr and Smith abstaining) VOTED