HomeMy WebLinkAboutConservation Comm 06/30/1983MANSFIELD CONSERVATION
THURSDAY, JUNE 30, 1983
EXECUTIVE SESSION MINUTES
PAGE ONE
Members Present: Chairwoman Royle; Commissioners Bonvie, Durbano,
Johnson, Sweet and Webb
It was agreed and voted upon at the June 30 open meeting of the
Conservation Commission to go into Executive Session to discuss
strategy to present at the Adjudicatory Hearing for Shepard and
Nelson.
As a result of the June 28, 1983 Pre -Adjudicatory Hearing, the four
points were presented and agreed upon by the Conservation Commission
and DEQE. The four points were: 1) the entering of horses on a
s ecifically located gravel access road twenty (20) feet wide;
2� the number of horses would be limited to between eight (8) and
ten (10); 3) to start excavation at the southern end near the
buffer zone and not to excavate to water table; and 4) not to
excavate the wetlands until the developer can guarantee the sale
of 25% of tae wetland gravel. These four points are to be put into
writing by DEQE Attorney Spencer for review by our Town Counsel and
the Conservation Commission. Much discussion surrounded the
avoidance of goin to an Adjudicatory Hearing. Would it be possi-
ble (even ethical g to hire an outside attorney to call Attorney
Spencer advising him that the pond would have to be completed in
three years or the decision to go to court would be made.
Another thought was to issue a separate statement for attachment
to the original Order of Conditions requesting that a three-year
limit be put on the completion of the pond, and that if within
the three-year limit the construction of the pond did not comply
with the original Order of Conditions or with the standards of
the Conservation Commission, that a Cease and Desist Order be
issued to Shepard and Nelson. Point raised was could this Cease
and Desist Order be superseded by the DEQE. Also suggested was
the possible preparation of a Restrictive Covenant which would be
attached to the land deed in the event of sale. Ohairwoman Royle
also instructed members to make any telephone calls or write any
letters that might help the Commission make a decision, whether
to enter into a hearing or accept the points, and obtain information
about a restrictive covenant, whether the Commission could ask for
bond,and any other legal questions that may arise.
Chairwoman Royle mentioned that the Shepard and Nelson Form A is
dated April 1980 and has, therefore, expired, since they were only
guaranteed three (3) years coverage. If Shepard and Nelson are not
granted an aricultural exemption under zoning (possibly given by
Town Councilg then the pond cannot be built. Chairwoman Royle
wondered if the Commission should know first if the pond can be
MANSFIELD CONSERVATION COMMISSION
THURSDAY, JUNE 309 1983
EXECUTIVE SESSION MINUTES Continued
PAGE TWO
built under the jurisdiction of the Wetland Protection Act.
Commissioner Bonvie felt the Commission should be concerned with
their own jurisdiction and not depend on other boards. Besides
if Shepard and Nelson were not granted an agricultural exemption
for the swimming of horses, they could apply for other reasons,
such as, a fish farm, tree planting, or whatever. Further review
of this matter will be undertaken by the Commission.
MOTION: To accept the four points, as long as there
is no other avenue to take by the Commission,
and to limit the length of the pond.
(Durbano-Bonvie; all in favor) VOTED
Approved by:IJ
Date to Town Clerk:6�� 9' T
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