HomeMy WebLinkAboutmin of conservation com 06/07/2004 exec
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Exeeutive Session Minutes
Conservation Commission
June 7, 2004
Present: Paul Boyde~ Chair; Carole Matthew, Chris (Flass) Weaver, Jerry St. Hilaire,
Jack Smith, Bob Bean
Richard Lewis, Environmental and Conservation Planner
Robert Mangiaratti and Susan Jacobs, Voherra, Goldberg, Mangiaratti and Jacobs, Town
Counsel; Steve MacCaffiey, Board of Selectmen
CarrigaD, School Street:
Attorney Jacobs explained that the court has issued ajudgment in favor of the town
relative to one of the counts raised by the Carrigans. She explained that the decision of
the court would most likely have a favorable impact on the remainder of the Carrigan
case, but other decisions of the court will have to be completed before the case is finally
settled. Attorney Jacobs feels good about the decision and she will keep the Town and
the Commission aware of any future action by the courts or the Carrigans. She feels that
the ball is now somewhat in the Carrigan's court and they and their attorney will most
likely analyze the impact of this court decision on their overall case.
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Clemmey, South Walnut Street:
Attorney Mangiaratti gave an overview of the Clemmey case on South Walnut Street. He
discussed the proposal by the Clemmey's to resolve the matter. They wanted to create a
4,500 sq. ft. ''wetland'' that would be used in the future as the receiving area for
storm water coming off of other portions of the site when other development took place.
Attorney Mangiaratti said the consultant hired by the Commission to look at the wetland
and soils issues presented, in his opinio~ strong evidence that the Clemmeys have ahered
wetlands under the jurisdiction of the Conservation Commission. He said he felt that the
wetland violation was done in complete disregard for the local by-law. And he felt that it
was important for the Commission and the Town to support the legal actio~ otherwise
the local by..lawwould become meaningless and others would ignore it.
Selectman MacCa:ffiey said he feh from the beginning that the local by-law contained the
necessary language for the Commission to make a judgment call as to whether this
isolated wetland could and should be filled and fe-located elsewhere on the property. He
further stated he had reviewed the report prepared by Peter Fletcher and he feels that the
conclusions reached by Mr. Fletcher are not so clear, and he is not sure that a court of law
might side with Mr. Clemmey on this case. He feels that there may be large issues out
there needing our attention.
A letter was read into the record from commissioner Dianne Ready expressing her
concern about the Walnut Street issue. She strongly indicated that the Commission
should push on with this case. She felt that it cannot be a matter of degree when
supporting a local by-law. We [the Commission] cannot shy away from a violation just
r- because it is a small wetland in question.
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r Mr. Boyden asked Mr. MacCaffiey ifhe was at the meeting representing the Board of
Selectmen; Mr. MacCaffi'ey stated that he was, as a few of the other members of the
Board of Selectmen were concerned about the ongoing litigation costs associated with
this case.
Mr. MacCaffiey left the room so that the Commission could discuss this matter in greater
detail and form an opinion. A general discussion took place, where the overall opinion of
those present was that the by-law needed to be supported.
After a lengthy conversatio~ the Commission discussed a counter proposal to the
Clemmey proposal. The proposal is for Mr. Clemmey to acknowledge the Conservation
Commission's order by restoring 6,500 square feet of wetlands, that there be no direct
discharge of storm water into this restored wetland area, that a 25-foot no disturb zone be
created around this restored wetland, that any future development on the site be designed
to adhere to DEP Storm water policies and guidelines, and that Mr. Clemmey will pay for
the town's consultant, Peter Fletcher, and for town counsel bills. All members agreed to
this proposal. Dick Lewis will draft it up in writing and send it to Town Counsel.
Motion: To support this proposal: AU in Favor
Motion: To come out of executive session All in Favor
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