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 -