HomeMy WebLinkAboutConservation Comm 05/26/1980CONSERVATION COP1141SSION MINUTES PAGE I
MAY 26, 1980
Members Present: Chairwoman Doris Webb, Paul Boyden, Charles
V..-�vi.irwly. Dianne_ Royle, Jane Sheehan, Stuart
Sweet
Wind Chime Acres: Since the Commission may decide to amend the
Order of Conditions as dictated Thursday, May 2.2, 1980 for this
subdivision, Cam. Royle reported that she had talked with Girl.
Dierker, Deputy General Counsel of DEQE, who had said that if
the twenty-first clay -the day on which the Order is to be issued --
falls on a holiday, the Order of Conditions can be issued on the
next working day.
After briefly explaining the circumstances surrounding the present-
Order
resentOrder of Conditions, including the refusal of the applicant to
grant the Commission an extension, Com. Royle asked Mr: Dierker's
opinion of using a contingency conditions such as the Commission
has been considering :in this situation. Mr. Dierker stated that:
he understood why the Commission wanted to use such a device to
insure the possible inclusion of pertinent input from the hydro
logical study in the Order of Conditions. He also felt that
should the Order be appealed, DEQE would wait to receive this
report and would probably accept input from the Commission before
issuing its Order of Conditions
Chairwoman Webb reported that Ma.rydee Flynn of the Planning Board
S had suggested June 25 as the date by which the hydrological report
}i should be available. Com. Sweet voiced his opinion that if a
date were added to the wording dictated Thursday, it might make
the condition more palatable to the applicant but he was still.
concerned about its legality. Chairwoman Webb noted that although
T wn. Counsel Mulcahy was unavailable, DEQE staff personnel had
uggested such a condition when the Commission faced a similar
P; ituation with the Order of Conditions for the restoration of
[!J
1 'abot Pond. Com. Sheehan stated that since unsubstantiated and
Uconflicting information has been presented to the Commission and
s since Town Engineer St.anzione has very strongly voiced his
0 opposition to this subdivision as it is presently proposed, the
Commission should take advantage of a method by which they might:
use Qilor.nation provided by a hydrological study paid for by the
Town. The Commissioners all agreed that a date should be added
to Condition No. 21..
A't this point, Ronald Bonvie asked why the Commission was st_rugglir,,':
over this questionable condition when, in his view, it would: be
necessary for him to return to the Commission if the Planning;
Board should require him to make any substantial changes in the,
CONSERVATION COMMISSION MINUTES
MAY 26, 1980
PACE: 2
plans because of information provided in the hydrological. report.
Com. Sheehan stated that while she feels such a condition should
be included as insurance, she would prefer the following wording:
If, after receipt and review of a hydrological report being
made for the Planning Board of the Town of Mansfield, signifi-
cant contradictory data is found, additional conditions may
be issued under this same order.. No work shall commence
until such time as these conditions are issued, provided
they are received on or before June 25, 1980.
MOTION: To accept the reworded Condition No. 21 as dictated.
(Boyden - Royle, all in favor) VOTED
868 West Street: Chairwoman Webb suggested that the site of the
reported illegal filling should be inspected. Coms. Boyden and
Sweet volunteered to make this inspection within the next few
days.
MOTION: To empower Come. Boyden and Sweet to issue a Cease and
Desist order if they deem it necessary after inspecting
868 West Street for possible Wetland Protection Act
violations.
(Meszoely - Sheehan, all in. favor) VOTES
Water Pollution Abatement Facilities: Com. Sheehan briefly
reviewed the Notice of. Intent from the Board of Selectmen
dated May 23, 1980. The hearing was set for Monday, June 9, 1980
at 8:00 PM.
MOTION: To adjourn the meeting at 8:40 PM
(Meszoely - Boyden, all in favor)
Accepted by_"w-�:
Date to Town Clerk _ /I D
PEM
Next Meetings: Monday, June 2, 1980 at 7:30 PM
Monday, June 9, 1980 at 7:30 PM
VOTED