HomeMy WebLinkAboutConservation Comm 05/04/1981MANSFIELD CONSERVATION COMMISSION r NUTES
MONDAY, MAY 4, 1981
MAY 2 1 191
Members Present: Chairwoman Royle, COMB. KeithlJohns`dn,i Jane-, Sl4ee , Stuart Sweet
Ronald Bonvie
Meeting called to order at 7:30 PM.
Chairwoman Royle welcomed new member Ronald Bonvie to his first meeting.
1. Minutes of April 20, 1981
Motion: To accept the minutes of April 20, 1981 as written.
(Johnson -Sweet, three in favor, R. Bonvie voted present.)
Minutes of April 27, 1981
Motion: To accept the minutes of April 27, 1981 as corrected.
(Sweet -Sheehan, four in favor. R. Bonvie voted present.)
Correction: Page four, Commission's Candidate to fill vacancy:
change Sweet -Boyden to Boyden -Sweet.
Page two: #6: for the filling of a portion of the Rumford River.
2. Correspondence
Letter was received from the DEgE, Paul T. Anderson, P.E. regarding File No. SE211-68
John P. Smith. Because of an appeal from the applicant the DEQE took jurisdiction
of this project and advised the Commission their requested revision to the project
plan had been revised by Mr. Smith on a plan dated April 20, 1981. The amended
Order of Conditions issued by the Commission is acceptable and will become the
Final Order once the applicant submits a letter withdrawing his appeal.
Bill for secretarial services was received for Patricia E. MacKay in the amount
of $6225.00 for 50 hours of services March 23 -May 1, 1981.
Motion: To approve.
(Sheehan -Sweet, all in favor.)
Copy of letter was received from the Board of Selectmen confirming the appointment
of Ronald S. Bonvie to the Commission.
Received from the Office of Environmental Affairs a Certificate of the Secretary
of Environmental Affairs on Environmental Notification Form regarding Report
on Sludge Managment Study. The Commission was advised it has been determined that
this project will not require an Environmental Impact Report.
Received from Cooperative Extension Services notice of seminars being conducted
regarding the Wetlands Regulations to be held in Walpole on May 14, 1981 at
7:30 PM.
3. At 8:00 PM Chairwoman Royle called to order the Wetlands Pmotection Act Hearing
was held regarding Mass. Electric Company, School Street. A summary of this
hearing is filed separately; a tape of the hearing is also on file with the
Town Clerk.
3. Old Business
It was noted that last week the Commission had received a letter from David White
regarding six maple trees being out down at 280 School Street. Chairwoman Royle
advised the Commission she had spoken with Town Counsel on this and he had advised
'MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, MAY 4, 1981 PAGE 2
the Commission should not make a determination at this time because of
possible litigation.
Letter was also received from the Town Manager advising that this incident
is the subject of possible litigation and there will be no comment issued by
this office or other officials of the Town.
Motion: To send a letter to Mr. White advising that the Commission has been
advised by the Town Manger and Town Counsel to refrain from any comments on
this matter because of possible litigation.
(Sheehan -Sweet, all in favor.) Copies will be sent to the DEQE, Town Counsel and
Town Manager.
Chairwoman will request that former members turn in their handbooks for the new
members.
Copy of letter was received from Mrs. Jellinek to the Planning Board regarding
Rezza gravel pit, which is a recharge area. She was concerned about trees being
planted rather than grass as chemical pellets would be used.
Copy of letter was received from Mrs. Jellinek to the Planning Board regarding
the Rezza gravel pit on Plain Street. She was concerned over the control, of the
operation.
Copy of letter was received from Mrs. Jellinek to the Town Counsel regarding the
gravel pit at Maple Park. Mrs. Jellinek presented to the Commission three (3)
pictures of the removal operation. There was a question as to how far they were
on Conservation land. Mrs. Jellinek had walked the area and felt they were 200'
into parcel #1.
Chairwoman Royle advised she had requested a copy of the on-site plan for the
Rezza gravel pit to determine if there were any wetlands involved.
Chairwoman Royle advised she had talked with the Town Manager regarding Maple Park
and and had shoe r a plan and advised the gravel operation at Maple Park was
not/un e e o ission's control. Mrs. Jellinek noted it was voted at Town
Meeting to turn these parcels over to the Commission for their control. It was the
concensus of the Commission to make an on-site inspection on May 6, 1981 at 6:30 PM.
Chairwoman will contact Boyden and Webb regarding the inspection.
4. Visitor's Agenda
Mrs. Margot Jellinek met with the Board to discuss a conflict of interest regarding
the appointment of Ronald Bonvie to the Commission as he is a builder. She was
very concerned over his influence as some members of the Commission had voted for
him.
Chairwoman Royle advised Mrs. Jellinek she had the right to her opinion but felt
she was being unfair as this was his first meeting and nothing had been proven.
Other members of the Commission also voiced their opinion and felt after talking
to members of other Commissions that having a builder on the Commission
MANSFIELD CONSERVATION COMMISSION
MONDAY, MAY 4, 1981
would not be a problem.
MINUTES
PAGE 3
The Commission discussed Carl Nelson, School Street, file #SE211-69. It was
noted the hearing was held on January 26, 1981 and the requested information
had not been received.
Motion: That the Commission carry through with what is stated in their letter
to Carl Nelson on April 21, 1981 that we deny the project because of not
receiving sufficient information.
(Sheehan -Sweet, all in favor.)
The Commission drafted stipulations and orders for the Denial of this.
Commissioner Sheehan noted that at the Tessier/Staples property on School Street
She noted that brush and trees had been removed and that this is a wet area.
Before any action is taken it will be determined from the Assessor's Office who
owns the property and then a letter could be sent to the owner.
The Commission reviewed the Elwood Sheperd file on Spring Street with copies of
letters from the Corp of Engineers regarding the work along the banks of the
Rumford River. Letter will be sent to Mr. Sheperd advising the Commission feels
they should be informed by him as to his intensions and proposed scope of work
on this project.
Chairwoman Royle advised the Commission she had spoken with Peter DeGirolamo
regarding his East Street property. She requested when it would be convenient
for the Commission to make an on-site inspection. She noted he was very
reluctant to allow this and advised he would contact her by Thursday. It was
the consensus of the Commission if there is no response by then an inspection
will be made of the property.
The Commission discussed the Leon Grant Pond Project SE211-52 off Ware Street.
An on-site inspection was conducted on April 30, 1981 by Commissioners Sheehan,
Johnson, Sweet, Royle and Bonvie from the property of Raymond Goddard. They
observed that Mr. Goddard's property line had been violated by the pond excavation
at one end approximately 101. It was difficult to determine if there was an
outlet present. He is under a cease and desist order from the Commission. It was
noted the pond is/&ibuilt according to the plan and is closer to the Goddard
property line that is shown on the plan. He has not obtained an extension.
Motion: To send a letter to Town Counsel requesting a court injunction be issued
to Leon Grant, that he is violating a cease and desist order and must stop all
work immediately.
(Sheehan -Johnson, all in favor.)
The Commission discussed the new By -Laws. Commissioner Sheehan advised she had
talked with the DEQE, Ted Kagel regarding the draft of the new regulations which
will be available in six to eight weeks."' She did not feel this should hold up
the Commission from continuing with their own regulations to protect the town
in the meantime. They did offer to review the Commissions regulations and make
some comments on them. 'but may not go into effect for up to a year.
t
Commissioner Sweet advised the Commission he had contacted Reading regarding the
regulations. He noted there is an appeal process. He noted they cautioned him
MANSFIELD CONSERVATION COMMISSION
MONDAY, MAY 4, 1981
MINUTES
PACE 4
not to use their definitions but to make their own. If there is an appeal
by the developer the Commission can go to court if it violates their by law
which is stricter.
5. Adjournment
Motion: To adjourn.
(Sheehan -Sweet, all in favor.)
Meeting adjourned at 11:00 PM.
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