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HomeMy WebLinkAboutConservation Comm 10/06/1980/Dar/ �er�i CONSERVATION COMMISSION MINUTES PAGE I MONDAY, OCTOBER 6, 1980 Members Present: Chairwoman Doris Webb, Paul Boyden, Charles Meszoely, Dianne Royle, Stuart 'Sweet Minutes: MOTION: To waive the reading aloud of the Minutes of September 8, 1980 and to accept these Minutes as written. (Royle - Sweet; ;all in favor) VOTED Chairwoman Webb read aloud the Minutes of the meeting held on Saturday, September 13, 1980. MOTION: To ;accept these Minutes of September 13, 1980 as read. (Sweet - Royle; all in favor) VOTED MOTION: To waive the reading aloud of the Minutes of September 22, 1980 and to accept these Minutes as written. (Meszoely - Sweet; all in favor) VOTED MOTION: To waive the reading aloud of the Minutes ;of September 29, 1980 and to accept these Minutes as written. (Meszoely'-- Boyden; all in favor) VOTED Correspondence: 1. Bill in the amount of $90 for 1981 dues in the Massachusetts Association of Conservation Commissions. MOTION: To pay this bill in the amount of $90 (Meszoely - Sweet; all in favor) VOTED 2. Request from Town Manager for information regarding the 1981 Budget requests.The information assembled by Mrs. MacKay in response to this request, shall be forwarded to the Town Manager. 3. September 29, 1980 letter from Paul T. Anderson, DEQE, stating .that tree cutting in a wetland has been ruled exempt from Chapter 131, Section 40. MOTION: To send a letter to the Conservation Law Foundation asking how they would reconcile Mr. Anderson's letter with Regulation 2.3g of Chapter 131, Section 40. (Boyden - Meszoely; all in favor) VOTED i CONSERVATION COMMISSION MINUTES PAGE 2 MONDAY, OCTOBER 6, 1980 4. Copies of September 26, 1980 letters from the Army Corps of Engineers to Messrs. Willis and Chavaree ordering them to cease all work on the Restoration of Cabot Pond (File No. SE211-54) since they have not obtained the necessary Army Corps ;of Engineers permits. 5. Copy ofsDEQE's Superseding Order of Conditionstogether with a cover letter for Rebecca White's School Street project ;(File No. SE211-60). MOTION: To request from DEQE a copy of the plan cited in the Superseding'; Order of Conditions. (Royle - Sweet; all in favor) VOTED 6. Copy of October 3, 1980 letter from Town Counsel Mulcahy to Edward Modiste, attorney for Kelton Potter,;, concerning the outstanding East 'Street obligations of Mr. Potter. Mr. Potter informed the Commission that his attorney' is preparing the Notice of Intent for these two East' Street lots and should be sending 'it to the Commission very shortly. Kelton Potter - Relocation of Back Bay Brook: A Wetland' Protection Act Hearing was heldrat 8:00 PM for Fireside Realty Trust's September 18, 1980 Notice of 'Intent', to relocate' Back Bay Brook for improvement of the drainage flow and to make Lots 5, 6, G, and H', better house; sites. A separate' summary is on file; a tape of the hearing is also on file at the Town Clerk's office. kMOTION: To continue this hearing to Monday, October 20,'1980 at '8:00 PM for additional information and clarification of the present and relocated brook between Lots 'G and H and Lots 6 and 7. I (Royle - Meszoely; all in favor) VOTED A.'Caponigro and Michad!1 Feinman - Cleaning bf Beach Area on Bungay Lake. As Mr. Caponigro had stated during his Wetland Protection Act Hearing on April 14, 1980, he returned to the Commission for a determination of applicability of Chapter 131, Section 40 for the cleaning of a 75 -foot strip of Bungay;Lake beach on his house Lot No. 4, West Street. Mr. Feinman'will be passing papers on this property at the end of October. While the water level of the Lake is down by about two 'feet at this time, Mr. Ca.ponigro proposes waiting longer in anticipation of the water receding still more. In this manner, the 'small bucketloader which would remove perhaps three truckloads of accumulated loam and silt from the beach would not have :to enter the water. Depending on the time of this work, the CONSERVATION COMMISSION MINUTES PACE 3 MONDAY, OCTOBER 6,''19$0 material removed from the beach area to bring it to gravel level could be used to fill in the house lot. Mr.iCaponigro proposes to clean out from one foot to three inches of mud, depending on the amount accumulated. it was the consensus of the Commission that Mr. Caponigro should submit to the Commission 'a completed Determination of Applicability form together with'a plan showing contour lines at five-foot intervals. Executive Session: I MOTION: To adjourn this meeting at 9:55 PM and to, go into Executive Session in order to discuss the proposed purchase of land. The public discussion of this matter could be detrimental to the Commission's negotiating position and therefore an Executive Session, closed to the public, is necessary. The open meeting will resume after the Executive Session concludes. (Boyden -I Royle all in favor) VOTED The open meeting reconvened at 10:15 PM. 'Kelton Potter: Chairwoman Webb mentioned to the Commission the fact that Mr. Potter has not accepted the certified mailing of the letter informing him of the date and time of his hearing, held this evening. MOTION: To send a letter to Town Counsel Mulcahy informing him of the situation and requesting his ,legal advice as to the best method of delivering Mr. T'otter's Order of :Conditions. (Sweet - Meszoely; all in favor) VOTED Leo Peloquin - 227 Franklin Street Project: Com. ,Boyden informed the Commission that the plan submitted by Mr. Peloquin to the Commission for this project had been altered in a minor way due to problems encountered during the work on the leach field. MOTION: To send a letter to Mr. Peloquin stating that before a'Certificate of Compliance for this project can be issued by the Commission, we must receive an as -built plan with the project engineer's signature verifying that the; plan reflects the work as accomplished. (Boyden - Meszoely; all in favor) VOTED CONSERVATION COMMISSION MINUTES PACE 4 MONDAY, OCTOBER 6 1980 Woodland Park: Coms. Boyden and Meszoely reported on the meeting and on-site inspection of the Morse ;property and Rewlew Trust's relocation of Back Bay Brook, which was also attended by Mr. and Mrs. Cecil Morse; their: two sorts; their attorney, Mr. Lewis; James Kelly, attorney for Rewlew Trust; as well as Ted Kaegael of DEQE. Com Meszoely felt that Mr. Kaegael was in favor of spreading the 'excess material because of his concern with possible erosion of the stockpiled material into the stream even though the Commission is opposed to such a. spreading operation. The Morses, too, prefer spreading as a solution :to the problem. Mr. Kaegael said he would draw up a plan for this spreading procedure and submit it to the interested parties', Com. Meszoely explained to the Commission that while Mr. Kaegael felt that an 18 -inch layer of material spread around would not hurt the trees in the area and would accommodate vegetation, ecologists have confirmed Com. Meszoely's contention that the vegetation would be different than that extant in the area and that the possible damage to the trees is moot. Com. Sweet agreed with Com. Meszoely's statement that the spreading of the excess material would cause more damage to the environment than the removal of the material. MOTION: To send a: letter to Ted Kaegael of DEQE stating that the Commission is vitally concerned with the spreading' of this material because of the alteration of the vegetation, possible destruction of trees, and the extent of the area involved. Also to request a'copy of the proposal together with a plan showing the extent of the operation. (Boyden Sweet; all in favor) VOTED Adjournment`. MOTION: To adjourn this 'meeting at 10:45 PM (Sweet - Meszoely; all in favor) VOTED I , Accepted Byes. Date to Town Clerk �;. -,•.' i