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Conservation Commission Minutes 11/19/09
Becket Conservation Commission
Becket Town Hall
November 19, 2009
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Minutes
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The Meeting is called to order at 6:30 PM.
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Commissioners Present: Purr McEwen, Chair; Scott Morley, Vice Chair; Kathy Vsetecka, Commissioner and Agent; Bud Moylan; Marty Winters; Richard Pryor
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~~~~~ Motion to approve the Minutes of October 15 and to approve November 5 by Bud~~Moylan, seconded by Scott Morley, all in favor.
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1.~~~~~~~~ Continued Request for Determination of~ Applicability~ Kathryn Clarke Valley~ Road~ Map 461 lot 144~ Determination whether or not two rocky swales are
~jurisdictional wetland resource areas
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~Represented by John. Prenosil, Wetland Delineation Methodology. He maintains these two swales are not jurisdictional.~ While small pockets of hydro soil exist here and there, there is no hydro-soil connection; it does not hold water, therefore it is not ~land subject to flooding.~ A site visit was conducted by Bud, Rich and Kathy but no jurisdictional area observed. Since the property has BVW areas at the bottom of the hill, should someone want to build a house, that area would need to be protected with erosion control measures. He is requesting a determination that this area is not jurisdictional.
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Motion to issue a Negative Determination of Applicability by Richard, seconded by Purr, all in favor. Marty abstained due to his living proximity to the area.
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2.~~~~~~~~ Request for Determination of Applicability~ Jack Conboy~ 2727 Jacob’s Ladder  Road and Otis Road~ Map 204 lots 57 and 58.1~ Determination if the area is
~~jurisdictional and clear cutting of lots
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Jack Conway and Mike Conway own Turn Key Modular Homes and purchased two acres in back of this area which they want to clear cut the trees and level the ground. There are three items to be considered: 1) whether the area is jurisdictional; 2) whether the work is subject to jurisdiction; 3) if there are any municipal wetlands. ~A site visit was conducted by Bud, Rich and Kathy. There was not any observance of a jurisdictional area.~
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A motion to issue a Negative Determination of Applicability made by Bud, seconded by Rich, all in favor.
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3.~~~~~~~~ Notice of Intent Town of Becket~ Various sites~ Installation of dry hydrants at
~Pill Pond, Greenwater Pond, Crystal Pond, Center Pond (Camp Greylock), Rudd Pond, Egge’s Way Pond, and repair and maintenance of said dry hydrants and~~~~~~~~~ those now existing in Sherwood Greens and Sherwood Forest~ 102-359
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Tony Blair representing.~ DEP comments were read.~ Six new locations for dry hydrants were submitted along with a request for ongoing repair:~ Pill Pond, Greenwater Pond, Crystal Pond, Center Pond (Camp Greylock), Rudd Pond, Egee’s Way Pond. ~Three of the existing ones are located in Sherwood Forest: the first on Sir Walter Road, second in Middle Robin Lake and the third is Long Bow Lake—the only one not on private property and functional. Mr. Blair demonstrated on the various maps submitted the location of wetland areas and the erosion controls that will be implemented and how the dry hydrants will be installed. He showed just how the pipe will be laid out:~ It is a horizontal pipe laid far beneath the surface.~ The end of the pipe is perforated usually with a flap on the end. The perforation is always placed downward, never upward. It needs to be at least four feet down so that it remains frost free. It only has water in it to the level of the lake. The fire truck will insert a typically short ten foot or so hose between the dry hydrant and the truck and suck it out.~ The methodology as Mr. Blair understands it is that in some cases there will be an excavator (they are hoping for donated labor) who will start the trench in the water having sent out a diver to determine where they want the pipe to come out of the bottom of the pond. The point will be marked and the trench started there.~ The material pulled out of the water will be placed aside until the digging is completed. When they get in the banked areas, if there is any vegetation to be maintained, it will be pulled aside and replaced when they are done.
The amount of bank of area to be effected will be width of the bucket by three feet. The depth of the trench depends on the slope of the lake with the worse case scenario being four feet.
Mr. Blair read the cover letter that was submitted.~ He pointed out on the Notice of Intent the additional paperwork that was submitted with the application. This should be a one day event in each case with erosion controls implemented along the edge of the water as well as between vegetated areas and the excavation.~ Once the project is complete, whatever slope there is to the pond will be vegetated. The object is to put them around town:~ the North Becket one will by the one on Pill Pond; the middle of Becket Center will have three—Rudd Pond, Center Pond and Crystal Pond; Becket Pond will be covering the Greens area. Shaw Pond has endangered species which means they have to go to NHESP; they are not pursuing that now. Scott expressed a concern about the digging producing a caving in within the trench which would require more digging resulting in a pit. It was suggested that the Town consider using a backhoe with the material placed in a dump truck while Mr. Blair said using a large tarp is also a possibility.~ Mr. Blair then reviewed the other projects referring to the maps that were submitted pointing to the areas the hydrants will be constructed. A concern was expressed that the sites be stabilized during the winter.~ All abutters will need to be notified of the project.
As far as maintenance, the primary issue is silt build-up under water.~ Mark Stinson suggested this can be addressed by having a diver and a septic pumping tank to suck up the silt around the base on a regular basis.~ Another thing that is done at least twice a year is to blow out or using a~~~~ ~back flush of the hydrants.~~ It was also suggested that the area be marked to avoid boats dropping anchor.~ Meeting now opened to the public:~ No Public Comment. Public Comment closed. Scott suggested a double barrier be used in hydrant excavant areas.
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A motion to accept the Notice of Intent by Scott for installation of dry hydrants at the six locations in the application with repair and maintenance at the three existing hydrants as well as the others with the following conditions: ~Becket standard, conditions,~ double erosion controls, straw waddles and silt fence or two sets of straw waddles be used around the hydro-excavant piles, ~no work be done until permission from landowners be granted, erosion control matting ~be used on any disturbed banking for protection from winter,~~ in the spring~ all disturbed areas are to be reseeded, ongoing maintenance is approved for the life of the NOI or as long as DEP permits,~ and that a follow-up report be given to the commission with the completion of each~ new dry hydrant installation. ~Seconded by Purr with all in favor.
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4.~~~~~~~~ Notice of Intent~ SOLO (Sherwood Forest Lakes and Ponds)~ Map 216~ Aquatic Management Plan~ 102-358
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~~~~~~~~~~~~~ Marc Bellaud, Aquatic Management representing. Marc submitted a new filing in a more complete format like the Commission requested and summarized how the NOI was structured. The NOI had the documents itself along with two attachments.~~ Attachment A is the project description containing all the different strategies that had been historically done at the Sherwood Forest Lakes and proposing future work at the lakes.~ It also contains information on long-term management. Attachment B is the mapping work done at the lakes to provide a baseline to the commission and what will likely happen in the future. The sheets in Attachment B contain the summary information and to report ongoing management on a yearly basis. ~Currently Big Robin and Excalibur he is recommending submersed plant treatment.~ Little Robin and Lancelot would have minimal spot treatment for phragmities.~ Lancelot, treated in 2008 has some return of milfoil on the south shore and he is recommending hand pulling. Most of the herbicide treatment is being used for the phragmites.
As for the hand pulling, Bill Osbourne will be overseeing the project at Lancelot. The Commission will be notified of who the project managers will be on these hand pulling projects.~ Lancelot and Excalibur initially had significant vegetation which was sprayed with the dead stems being cut which would be an option for continued maintenance.~ The products listed in the NOI are not restricted in Zone 2 areas. All these products are approved for use in well protection areas.~ Diquat and Glyfociade are not very mobile which is why they have that designation(?).~~ Kathy wants to see a condition for hand pulling to be sure it is more organized with some sort of plan and proper supervision.~ Scott doesn’t see a long term plan other than chemical treatment.~ Marc countered that the information will be made available through Attachment B.~ They will be coming back to the Commission yearly stating the objective on how they will move away from chemical treatment.~ This will provide a baseline with yearly monitoring. As for the five year plan requested, the Commission has expressed a hesitation.~ They prefer a three year plan with yearly extensions where the applicant would come before the Commission for approval.~ Spring and Fall surveys will be submitted with proposals of what needs to done moving forward with maps being provided to outline the areas requiring further treatment.~ Purr expressed a concern that the other lakes don’t contain information on who will be the “champion” of each that would monitor the project as is the case with Lancelot.~ Marc said that information regarding a point person would be provided prior to any hand pulling.~ As for the bladderwort on Excalibur, sonar will be used instead of hydro-raking because Marc feels hydro-raking is only effective in the short term with more disruption. Sonar, while being systemic will not take out native vegetation.~ This will be an entire water body treatment and while there is a thinning of native species, they do rebound. In the Public comment, Carl Neilsen asked if the sonar can be used with lesser damage to native species and whether the native species would eventually crowd out the invasive species.~ Purr explained that once herbicide was used, then hand pulling is employed to monitor and keep after the vegetation in order to keep it in check.~ Kathy explained that the Commission cannot deny herbicide treatment, all the Commission can do is ask that enough information be submitted. Public Comment closed.~ Pretreatment surveys will be done as a baseline with ongoing surveys submitted to determine the progress of each treatment and what the plan is for the future.~ As for the hand pulling, ACT has not been contracted to monitor the hand pulling, but he will recommend it to SOLO and offer the training necessary.~
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A motion was made by Scott to approve the NOI for three years with Becket Standard Conditions and with Spring and Fall Report be presented to Conservation at a public meeting yearly. For 2010 a report will be presented for the application of proposed chemicals listed in the NOI. At this time no permission has been ~granted for the automatic treatment of plants in 2011 and 2012 . In the fall, a proposal for the following years treatment plan~ will be presented to Conservation with the follow up plans to include detail on chemical treatment, the application proposed, the alternative techniques for maintenance of~ invasive species with details of coordinators of alternative techniques. As part of all maintenance plans, part of the phragmities control will be the cutting back ~and removal of treated stalks where feasible.~ Seconded by Purr, all in favor. ~Kathy abstaining.
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5.~~~~~~~~ Partial Certificate of Compliance~ David Morris~ Tyringham Road~ Map 404 lot 13.2
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Site visit was conducted with no issues seen.~ Certificate is for the driveway and not any of the replication areas.
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Motion moved ~by Purr to approve, seconded by Scott, all in favor.
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6.~~~~~~~~ Administrative business:
~~~~~~~~~~~~ Gruber Osceola Drive – Restoration Plan
~~~~~~ ~~~~~~The letter from Berkshire Engineering for Gruber at 48 Osceola Drive reviewed and filed.
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*Terwedow inspected by Bud.~ Erosion controls need attention. Circular drive put in on ~~jurisdictional ~~land that was not on plans.~ There is erosion coming down on the right side of the driveway. ~Kathy and Bud will be meeting with contractor and will determine what path to take.
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*An RDA was submitted and a Special Meeting will be held on Dec 3 at 6:30.~
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*A letter will be written regarding ~Lakes and Ponds to the governor and signed by the ~~commission.~
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*Carl Neilson and his wife are the new owners of the Epstein property at 524 Silver Leaf Drive.~ They wanted to assure the Commission that they wanted to be compliant ~and were here to understand their Order of Conditions and what is to be expected of them.~
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*Al Kirchner..regarding extension on Center Pond and why they couldn’t get three years.~ Witnessing the problems SOLO had and how long ~it took he wanted to know what is required for another extension. He is concerned about having to file a new NOI.~~ Kathy explained that the guidance documents~ have changed and everyone was made to come back and re-file. ~~~This is being asked in order for conditions to be imposed which cannot be done on an extension.~ He is looking to find out what will be required for next year. Purr explained that what they have done to date is precisely the kind of management the Commission will like to see.~ The only reasons they want an NOI is because they cannot put conditions on an extension.~ It was recommended to have him placed on an agenda to discuss the issue.~
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A motion to adjourn was made by Purr,~ seconded by Scott with all in favor. Meeting adjourned at 8:48.
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~~~~~~~ Respectfully Submitted,
~~~ ~~~Martie Martin, Recorder
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Purr McEwen, Chair                                               Date ~

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Scott Morley, Vice Chair                                         Date~

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Kathy Vsetecka, Commissioner/Agent                       Date~

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Bud Moylan, Commissioner                                         Date~

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Richard Pryor, Commissioner                                      Date ~

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Marty Winters, Commissioner                             Date
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