HomeMy WebLinkAboutConservation Comm 04/27/1981HEARING PURPOSE: To acquaint the public with the Wetlands Bylaw
to be proposed by the Conservation Commission
at the 1981 Town Meeting
HEARING DATE AND TIME: Monday, April 27, 1981,ut 00 PM %',
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Com. Sheehan, on behalf of the Commission, outlined
zoning bylaw. She explained that while in most respects this
bylaw is identical to the Hatch Act, it does add other areas
which the Commission can take into consideration in writing the
local bylaw Order of Conditions. Com. Sheehan mentioned that
several towns in the state have enacted similar bylaws, e.g.,
Concord, Canton, Easton, Foxborough, Sharon, Falmouth, Reading,
Dennis. One of the advantages cited for such a bylaw is that
it will keep some degree oflocal control for all projects involved
in the wetlands in contrast to the State control of any projects
appealed to DEQE.
Some questions from the audience:
1. What are the specific differences between this bylaw and Chapter
131, S. 40 of the Mass. General Laws. (Tony Caponigro, 160 Gilbert St.)
S. 1 - The State does not consider wildlife, recreation, and
aesthetics.
S. 3 - Stockpiling of materials is not included by the State.
5.10 - Posting of a bond is not included in the Hatch Act.
2. Who would decide on the amount of bonding? (Grace Genotassio, Leonard C.,
It would be negotiated by the applicant and the Commission.
3. Are you talking about public or private property? (Carl Nelson, Spring
St.
Both. The Town would not be exempt from this law; the State
however, is exempt from such laws on State-owned property.)
4. Could a project be denied because of the presence of wildlife on
the site? (T. Caponigro)
No; it merely gives the Commission the right to take wildlife
habitat into consideration.
5. Judgement is very much involved in administering many aspects of
this bylaw. What happens in the future if members of the Commission
f are not fair-minded? (Robert Currivan, 300 East Street)
We would hope that all members of the Commission would be fair-minded.
WETLANDS BYLAW HEARING --PAGE TWO
6 Is this law to protect wetlands or against developers? (R. Currivan)
7. How many of the Commission's decisions have been appealed? (Robert
Chavaree, 16 Riverside Drive)
35-40% of the major projects.
8. One-third of Mansfield is wetlands; this gives the Conservation
Commission a near -dictatorship over one-third of the town. In
1952, Mansfield had no zoning regulations; now we are over -regu-
lated. (R. Chavaree)
9. Does the Commission feel that they or future Commissions possess
the knowledge and background to act on this bylaw? (Ronald
Bonviey 650 Ware Street)
The Commission can, as it has in the past, hire outside consultants.
10. How do you protect wetlands, water supply? (C. Nelson)
By purchasing land to protect sensitive areas and by establishing
zoning regulations to prevent damage to our water resource. This
is the purpose of this proposed bylaw --to supplement the protection
presently provided by the Hatch Act.
11. Any developer could take this bylaw into consideration when
planning a development and the Town would be better for such
planning. (Marydee Flynn, 102 Jewell Street)
12. Where can decisions under this bylaw be appealed? (Allen Johnson,
SUN CHRONICLE)
The appeal is through the courts (just as the appeal of a Title
5 decision by the Board of Health is to the courts). The appeal
for the Order of Conditions would still be to the State except
for those sections which the local bylaw contains not included
in the Hatch Act. The Commissioners explained that the intent is
that the court would have to be involved only if it was an appeal
of the matters pertaining to erosion control, wildlife, recreation,
and aesthetics, stockpiling of materials, and bonding. Several
audience members contended that since it is a local bylaw, it
could not be appealed to the State since no other local bylaws
can be so appealed and therefore the appeal would be through the
touts, often an expensive and lengthy process. The Commissioners
suggested that the wording could perhaps be changed to reflect
their intent.
13. Why doens't the Commission take the work of the registered engineer
who presents the plans? (T. Caponigro)
A second opinion is often a good idea.
E
WETLANDS BYLAW HEARING --PAGE THREE
14. Why is stockpiling so bad? What is aesthetically pleasing
to me, might not be so to you. You are infringing on my consti-
tutional rights. (C. Nelson)
It could be worded so that aesthetic considerations would be
ancillary. The courts have ruled that if you still have use of
your land it is not an infringement of your constitutional rights.
Stockpiling can be detrimental to wetlands.
15. Why do you feel it is necessary to protect the applicant's
neighbors? If they are agrieved, they have recourse through
the courts. I do commend the Commission in their attempt to
protect our water supply. (R. Currivan)
16. Perhaps it would be best to wait and see what the new regulations
concerning wetlands to be issued by the State will be. Aesthetics,
etc., are open-ended and the cause of litigation. The new State
regulations will be out in eight -ten weeks and perhaps might make
this bylaw unnecessary. Administratively this local bylaw could
be expensive. The State may withhold funds if the regulations
are too restrictive to developers. This will affect land owners
as well as developers. (Allen Willis, 495 Ware Street)
The hearing closed at 10:00 PM.
MANSFIELD CONSERVATION C
MONDAY, APRIL 27, 1981
Members Present
Chairwoman Roy
Johnson, Jane
Webb (left at
N' 6' " 1 MINUTES
PAGE1
T e Cotes Pau -1.-- oyden, Keith
Sheehan, Stuart Sweet, Doris
10:30 PM)
Proposed Wetlands Bylaw: From 7:00 PM to 8:00 PM a workshop
session was held in order for the Commissioners to review the
material on the proposed Wetlands Bylaw. At 8:00 PM a public
hearing was held to acquaint the public with the non -zoning
Wetlands Bylaw to be proposed at the 1981 Town Meeting by the
Commission. A summary of this hearing is filed separately; a
tape of the hearing is also on file with the Town Clerk.
Minutes:
MOTION: To postpone reading the
until the next meeting.
(Boyden - Webb; all in
Correspondence:
Minutes of April 20, 1981
favor)
VOTED
1. Notice of Intent dated April 17, 1981 from Massachusetts
Electric Company to relocate an existing electric power
line to accommodate the new location of Route 140.
The Wetlands Protection Act Hearing for this project has
been scheduled for Monday, May 4, 1981, at 8:00 PM.
2. Superseding Order of Conditions from DEQE to Rewlew Trust
for the filling of Lots 11, 12, 13, 14, 15, and 16 of
Woodland Park (SE211-71).
3. April 23, 1981 letter from Town Counsel Mulcahy informing
the Commission that he was in Court on April 21, 1981 in
connection with the Town of Mansfield vs. Kelton Potter
(1030 and 1036 East Street). Town Counsel Mulcahy asks
how much fill is to be removed and when it was placed there
in order to inform the Court.
Coms. Boyden and Johnson will review File No. SE211-67 and
make their recommendation to the Commission at the next meeting
of the best next step to take in this matter.
4. April 24, 1981 letter from Messrs. Chavaree and Willis
requesting a one-year extension for their restoration of
Cabot Pond project.
MOTION: To grant Messrs. Cha.varee and Willis a one-year
extension to their project, File No. SE211-54.
(Webb - Sheehan; all in favor) VOTED
MANSFIELD CONSERVATION COMMISSION
MONDAY, APRIL 27, 1981
MINUTES
PA CE 2
5. April 24, 1981 memo from Planning Board stating that the
Board will study the storage of excess materials problem
outlined by the Conservation Commission.
6. Copy of April 10, 1981 letter to Elwood Shepard from the
Corps of Engineers requesting an after -the -fast permit
application for the filling in of/the Rumford River and
adjacent wetlands. /a portion of
It was agreed that this case will be reviewed at the next
meeting and appropriate action taken.
7. Copy of April 10, 1981 letter from Board of Selectmen
regretfully accepting Charles Meszoely's resignation from
the Conservation Commission.
8. April 27, 1981 bill from Patricia E. MacKay in the amount
of $+5 for ten hours of secretarial services.
MOTION: To pay this bill in the amount of $45.
(Sheehan - Webb; all in favor) VOTED
9. Copy of April 17, 1981 memo to James Hall from Paul Folkman
stating that the proposed weigh station would be located
in a swamp quite close to the Witches Pond Well and that
the State should be notified that a Wetlands Protection Act
Hearing would be necessary for such a project.
Eagle Scout Project: Com. Webb informed the Commission that a
prospective Eagle Scout is anxious to build wood duck boxes and
has requested funding from the Commission.
MOTION: Due to the tight financial situation of the Commission
at this time, to compose a letter to be used by this
boy scout as an introduction to businesses that might be
willing to donate the necessary materials, such letter
to state that the Conservation Commission is aware of and
commends this project. Associate Commissioner Meszoely
will be asked to supervise this project.
(Sheehan - Sweet; all in favor) VOTED
Thomas J Coughlin - East Street: File No. SE211-74
MOTION: To issue the standard Order of Conditions with the
following two conditions added:
1. Filling of the swamp shall be restricted to that
area shown on the above-cited plan as a 30 -foot right
of way.
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, APRIL 27, 1981 PAGE 3
2. A 12 -inch reinforced concrete pipe, at least 35 feet
in length, shall be installed at an elevation of 99'
approximately 50 feet from the concrete bound which
marks the beginning of the road. This pipe shall be
installed to best construction practices.
(Sweet - Webb; all in favor) VOTED
Northeast Weed Control Co. - Bun aL_Lake_ File No. SE211-75
MOTION: To issue the standard Order of Conditions for this project
without additions. VOTED
(Webb - Boyden; all in favor)
David White - Tree Cutting on School Street:
MOTION: To refrain from taking any action because of possible
litigation in connection with this matter and to consult
Town Manager concerning legal implications. (Town Counsel
is on vacation.)
(Boyden - Johnson; all in favor) VOTED
(Com. Webb left the meeting at this ti -me.)
Mrs. Jellinek - Maple Park Gravel Pit: Mrs. Jellinek produced
a 1954 Plan of Land To Be Taken for Water Supply Purposes as
well as a Special Town Meeting Vote of December 12, 1966 transferring
control of land to the Conservation Commission. Mrs. Jellinek
contends that Parcel 1 on this map, apparently controlled by
the Conservation Commission since this 1966 Special Town Meeting
Vote, is the location of the gravel pit being operated by the
Town. Mrs. Jellinek went on to say that the Attorney General is
on record as being ready to protect well recharge areas until
laws are passed to provide such protection. Mrs. Jellinek contends
that this gravel pit is, indeed, within a recharge area.
R_ay Goddard - 496 Ware Street: Mr. Goddard presented the Commission
with signed, witnessed, and captioned photographs, taken from his
property, depicting the violations alleged by Mr. Goddard in
connection with Leon Grant's pond development.
MOTION: To issue a Cease and Desist Order to Leon Grant for his
ponldevelopment because he is working without a valid
Order of Conditions (expired March 31, 1981).
(Sheehan - Johnson; all in favor) VOTED
MOTION: To send a memo to the Building Inspector requesting that
he make a joint on-site inspection of this project with
MANSFIELD CONSERVATION COMMISSION
MONDAY, APRIL 27, 1981
the Commission.
(Boyden - Sweet; all in favor)
MINUTES
PAGE 4
VOTED
Peter DeGirolamo - East Street: Chairwoman Royle informed the
Commissioners that at the last meeting she had neglected to mention
that on April 16, 1981 she had spoken with Peter DeGirolamo
concerning the alleged wetlands violation on his East Street
property and that Mr. DeGirolamo had assured her that he was
filling neither in nor within 100 feet of a wetland. When
Chairwoman Royle requested permission to make an on-site inspection,
Mr. DeGirolamo stated that he would like to receive such a request
in writing together with the letter alleging his violation.
MOTION: To send a letter to Peter DeGirolamo enclosing Mrs.
.Jellinek's letter of April 20, 1981 bringing this matter
to the Commission's attention and requesting permission
to make an on-site inspection of this East Street property.
(Johnson - Sheehan; all in favor)
VOTED
Commission's Candidate to fill Vacancy_
MOTION: To nominate Ronald Bonvie as the Commission's candidate
to fill this vacancy.
(Boyden Sweet)
MOTION: To nonimate Barbara Libby as the Commission's candidate
to fill this vacancy.
(Sheehan - Johnson)
VOTE: Ronald Bonvie
FOR: Sweet,Boyden
OPPOSED: Johnson, Royle, Sheehan
Barbara Libby
FOR: Johnson, Royle, Sheehan
OPPOSED: Boyden, Sweet
MOTION To send a memo to the Board of Selectmen stating that
the Commission's choice, selected through the balloting
process, to fill the vacancy on the Commission is
Barbara Libby. VOTED
(Johnson - Sheehan; all in favor),
Adjournment:
MOTION: To adjourn this meeting at 11:40 PM. VOTED
(Sheehan - Johnson; all in favor)
}
Date to Town Clerk as `
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, APRIL 27, 1981 PAGE 5
ADDENDUM:
Robert Rizzo - Plantingfield Road: On April 29, 1981, Robert
Rizzo called Mrs. MacKay to notify the Commission that Norwood
Engineering had requested an extension for this project, not
realizing that Certificates of Compliance have already been
issued for all the lots with which the .Commission is concerned
and that only road work remains to be done in this project.
Thus, Mr. Rizzo requested that the Commission ignore the request
for an extension since it is unnecessary. (File No. SE211-42.)