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HomeMy WebLinkAboutConservation Comm 01/11/1982MANSFIELD CONSERVATION COMMISSION MINUTE MONDAY, JANUARY 11, 1982 PACE 0 F V Members Present: Chairwoman Dianne Royle, Coms. RonazkviJe,6 ,_.. Anthony Durbano, Keith Johnson, Doris Webb "Minutes: MOTION: To waive the reading of the Minutes of January 4, 1982 since they had been received by the Commissioners at home and to accept the Minutes of January 4, 1982 as written. (Johnson - Durbano; all in favor) VOTED Correspondence: 1. January 7, 1982 letter from Town Counsel returning the Letter of Opinion by Peter D. Tetreault of the Jackson Land. 2. Notice stating that all warrant articles for the Annual Town Meeting must be submitted by February 1, 1982. Com. Johnson suggested that the Commission consider again submitting a local wetlands bylaw at the Annual Town Meeting. The Commissioners discussed at length the pros and cons of resubmitting such an article. MOTION: To temporarily table the discussion of the local bylaw. (Johnson - Webb; all in favor) VOTED Town Counsel Mulcahy: 1. Kane Property: Mr. Mulcahy informed the Commissioners that he has spoken with Mr. Kane concerning his gift of three parcels of land off Stearns Avenue on the Easton/Mansfield Town line. Two problems have arisen in connection with this transfer of land: (A) Since the land is described in ten different 1965 deeds, the actual description of the land will be difficult. However, Mr. Mulcahy is confident that using all the information Mr. Kane received in his deeds, the transfer can be accomplished satisfactorily. (B) Since the parcels are landlocked, at present there is no right of way onto this land. Mr. Kane informed Mr. Mulcahy, however, that when he donates the contiguous land to the Easton Conservation Commission, he will stipulate the right to pass and repass over this property to gain access to the Mansfield Conservation Land. 2. Nelson -Shepard Pond Proposal: Mr. Mulcahy stated that he does not have any opinion as to whether or not this proposed pond warrants an agricultural exemption under the Wetlands MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JANUARY 11, 1982 PAGE TWO Protection Act. Mr. Mulcahy stated, however, that Mr. Shepard is, indeed a farmer; the Commissioners pointed out that although Leon Grant also qualified as a farmer, his pond did not qualify for such an exemption. 3. Town Engineer: Town Counsel strongly voiced his belief that the expertise provided by a Town Engineer is absolutely necessary in order for the Conservation Commission to intelligently administer the Wetlands Protection Act. He urged the Commission to lend its full support at Town Meeting to hire a Town Engineer. 4. Grant Pond: Mr. Mulcahy stated that he feels Grant Pond is more a zoning than a conservation problem. It appears to Mr. Mulcahy that the major stumbling block in the way of Mr. Grant's completing his pond is the fact that he cannot remove excess material from the pond site. When the piles of loam near the pond were mentioned, Com. Bonvie stated that he was on record as being in favor of allowing Mr. Grant to remove these piles of loam if he so requested. When the Commissioners stated that they were in agreement with this, Mr. Mulcahy suggested that this might be the key to an agreement with Mr. Grant. Mr. Mulcahy, therefore, suggested that a meeting among him, Peter O'Brien, and at least one of the Conservation Commissioners be scheduled in order to pufsue this avenue. 5. Kelton Potter -East Street: Mr. Mulcahy suggested that the Commissioners be prepared to offer reasonable alternatives to Mr. Potter in connection with these lots. Although this meeting might of necessity be in Executive Session (Monday, January 25, 1982 at 8:00 PM), Mr. Mulcahy felt it probably would be in order to report briefly to the neighbors and the press on the meeting. Cabot Cabot & ForbesUri of a Wetlands Protection Act Hearing was A summary of the hearing is on file is on file, together with a copy of office. outfall : A held on this project at 9:00 PM. separately; a tape of the hearing the summary, at the Town Clerk's Tony Caponigro-Elm Street: Mr. Caponigro showed the Commission his plans for a house to be built within 100 feet of a brook. Chairwoman Royle asked Mr. Caponigro to complete and return the "Request to Determine..." form for this project. Nelson -Shepard Pond Project: Mr. Nelson had left three copies of the completed "Request to Determine..." form together with plans, an affidavit by Mr. Shepard attesting that his land is a farm, and a list of abbuters. Messrs. Nelson and Shepard also gave MANSFIELD CONSERVATION COMMISSION MONDAY, JANUARY 11, 1982 MINUTES PAGE THREE the Commissioners a copy of a letter to DEQE enclosing a copy of their "Request to Determine..." form and brought a larger scale s -:copy of the plans for the Commissioners' perusal. There was much ;'discussion concerning the Army Corps of Engineers' agricultural exemption, the removal of the Cabot Pont buffer zone in order to form a 16 -acre pond, Mr. Shepard's horses, etc. MOTION: That our ruling be that this project is not under an agricultural exemption and a Wetlands Protection Act Hearing will be required. (Webb - Johnson; in favor: Durbano, Johnson, Royle, and Webb, abstained: Bonvie) VOTED MOTION: To send a letter to DEQE together with the "Determination..." form clarifying the Commission's decision. (Webb; Johnson; in favor: Durbano, Johnson, Royle, and Webb, abstained: Bonvie) Carl Nelson -Hodges Brook: Mr. Nelson voiced his concern that the drainage from Routes 95 and 140 and Cabot, Cabot & Forbes will strain Hodges Brook. Mr. Nelson suggested that in order to alleviate some of the burden to Hodges Brook, Cabot Cabot & Forbes should build the retention for which land has been set aside and the brook should be cleaned upstream. Inspections: On-site inspections of Kelton Potter's East Street lots and Tony Caponigro's Elm Street property were scheduled for 9:00 AM on Saturday, January 23, 1982. Kriemendahl Water Problems: Com. Bonvie reported that he had spoken with Walter Bird of the Mass. DPW regarding Mrs. Kriemendahl's severe flooding and sent a letter to J.T. Cronin, Chief Engineer of the DPW's Taunton office confirming this conversation and requesting a report on the solution of this problem. Brown Property-Balcom Street: Chairwoman Royle reported that she and Com. Sweet had visited the site with Mr. Brown and agreed with Com. Bonvie's assessment that this is a high water table area rather than a wetland. The Commissioners agreed to send a memo to the Board of Health stating that this land does not fall under the jurisdiction of the Conservation Commission. Penn Central Property: Chairwoman Royle reported that Wayne Curtis of Penn Central called to inform the Commission that he ' is being transferred and to suggest that the Commission would be well advised to be under contract with the railroad for the purchase of these two parcels of land off Gilbert Street. Mr. Curtis noted that the pr ce of the land has been raised to $800/acre--the increase Apparently due to Mansfield's revaluation. MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, JANUARY 11, 1982 PAGE FOUR Master Plan: Chairwoman Royle informed the Commission that she has spoken with Paul Folkman concerning the Commission's hopes for the updated Master Plan and asked the Town Planner to meet with the Commission in the near future to further discuss the Master Plan. Local. Wetlands Bylaw: After further discussion concerning the advisability of submitting a local wetlands bylaw at Town Meeting, the consensus seemed to be to: (1) make an all-out effort to secure reimbursement for the land purchased off Elm Street at the Selectmen's request for well ecploration and (2) to start holding work shop sessions (perhaps once a month) to work on the wetlands b y law in order to have a polished by law with a well-prepared presentation for next year's Annual Town Meeting. Chairwoman Royle will word an Article for Town Meeting for the reimbursement of the 11,139.60. ournment: MOTION: To adjourn this meeting at 12:00 midnight. (Durbano - Webb; all in favor) VOTED Accepted by AURA Li"A = Date to Town Clerk -