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