Canton, Massachusetts · Saved source text
Approved Minutes Feb 1 06
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Canton Conservation Commission Pequitside Farm- Tavern Room 79 Pleasant Street, Canton, MA. 02021 Minutes of Meeting of February 1, 2006 Attendance: John Friel- Chairman, Jan Hagan- Clerk, Robert Doe, Ed Lynch, Dave McLelland, Kate Merrigan, James Fitzpatrick Conservation Agent: Robert Murphy Recording Secretary: Heather Cahill (recording from cable 8) Chairman John Friel opened the meeting @ 7:00 P.M. Conservation Commission members welcomed new member James Fitzpatrick who is taking the place of Jim Sims. Mr. Friel thanked Mr. Sims for his excellent and committed service to the Commission. Minutes: Motion Made by Kate Merrigan to accept minutes of December 21, 2005 Seconded by Robert Doe Vote: 6-Yes O-No 1 abstention James Fitzpatrick Motion Made by Kate Merrigan to accept minutes of January 4, 2006 Seconded by Robert Doe Vote: 6-Yes 0- No 1 abstention James Fitzpatrick Motion Made by Kate Merrigan to accept minutes of January 18,2006. Seconded by Jan Hagan Vote: 4-Yes 0 - No 2 abstentions (Robert Doe, James Fitzpatrick) INFORMAL REQUEST FOR DETERMINATION Eric & Betty Cohen Scott Lenhart 25 Raven Road 125 Walpole Street Conservation Agent Robert Murphy stated that the above addresses are not within CONCOM 's jurisdiction. Motion Made by Jan Hagan to issue a Negative Determination for the above addresses. Seconded by Kate Merrigan Vote: 7 Yes 0 - No EXTENSION OF ORDER OF CONDITIONS John Krowski 25 Canton Dale Ext. DEP# 124-867 Motion Made by Jan Hagan to issue a one-year extension for DEP# 124-867 Seconded by Dave McLelland Vote: 7-Yes O-No INFORMAL DISCUSSION 5 Westchester Road, Represented by Paul Brodmerkle of Toomey Munson There is an outstanding enforcement order that is over two years old. Potential fines for violations for alteration in the 30'foot no build zone are $7.50 per square foot or $300.00 per day. Potential fine for alteration inside 100'foot buffer zone are $1.00 per square foot or $ 300.00 per day. Utility Pole inside 30'foot no build zone is a violation but Mr. Brodmerkle said it cannot be moved. Builder sold house without an approved Certificate of Compliance. CONCOM position is that the builder must correct all violations cited in previous minutes 1
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without exception. If the builder feels that some violations cannot be corrected because it is not cost effective then he should come before the Commission asking for a waiver. He needs to be prepared to document the costs as he sees them. Chairman Friel reminded Mr. Brodmerkle that the potential fines for these violatons and the complete ignoring of the CONCOM enforcement order for an extended period can be as high as $250,000 and that the financial clock keeps ticking. It was suggested that if the repairs that are necessary seem too costly then the builder should be prepared to offer a recommended solution to the Commission. John Bulman - Windsor Village at Canton Letter was submitted to the CONCOM explaining easements on Southerly and Westerly side of Rt 138 and Article 97 impact. Article 97 was approved at the Annual Town Meeting of 2005. Mr. Bulmans' plans to ask that his proposed language be reviewed by Town Council, the Board of Selectman, Conservation Commission and finally sent to Legislature for a Home Rule Petition. Conservation Agent Robert Murphy strongly emphasized that Article 97 cannot be amended, extended, or worked on once approved. Mr. Bulmans' letter explains in detail about easements, land strips, and Article 97 and a proposed solution to the problem. Mr. Bulman will present his suggestion to the BOS. Motion Made by Ed Lynch to adjourn @ 7:45 P.M. Seconded by Jan Hagan Vote: 7-Yes O-No 2