MONSON CONSERVATION COMMISSION
MARCH 29, 2006
MEMBERS PRESENT: Leslie Duthie, Jim Zieger, Donald Lambert and Glenn Colburn
7:07 Irving Arnold spoke informally with the Commission regarding property he is considering purchasing that has frontage on Maple Street and abuts the rear of property he owns that has frontage on Stafford Road. He questioned if the Commission could tell him if he had two building lots?
Leslie Duthie stated that was a question the Commission could not answer. The Commission has jurisdiction over any work within 100 feet of wetlands or 200 feet from the top of the bank of a perennial stream.
Mr. Arnold stated Walter Hull owns the property adjacent to this on Maple Street and he has a pond on his property would that prevent him from being able to split the property into two lots?
Leslie Duthie stated without a plan showing the wetlands and the proposed work the Commission could not answer those questions. Any activity within 100 feet of wetlands is jurisdictional and requires a filing with the Conservation Commission.
7:20 Letter from Stanley Tenerowicz, Sweetbay Environmental requesting a continuance to April 12, 2006 in order to prepare a plan to respond to the Enforcement Order issued to Tedeusz Bukowski, Palmer Road. Mr. Tenerowicz stated it is their intent to divert the storm water until the sediment plume is removed and wetlands restored. Diverting the storm water would also allow the area to dry out.
Glenn Colburn expressed concern that this was taking longer than anticipated. The Commission wanted the work completed by the spring.
Jim Zieger questioned if it would be better to have the work done in the fall?
Leslie Duthie stated the area is mucky so it would seem they could plant the vegetation sooner than that. Moving the water should allow the material to dry out. She questioned why the fieldwork has not been scheduled until May? The Commission issued an enforcement order with time lines to ensure the work moves forward as quickly as possible.
Glenn Colburn agreed stating he would call Mr. Tenerowicz and talk about speeding the project up.
Leslie Duthie stated she had no problem with them putting in a diversion pipe but does expect them to adhere to the schedule.
7:31 RFD Cushman Street, Randy Pascale. The Commission made site visit to look at the area where the applicant proposes to lay a cement pad to replace an existing trailer. The work is in the same location as the existing trailer.
Glenn Colburn stated the project would be considered redevelopment within a previously developed riverfront area and the Commission may allow the work providing the work improves existing conditions.
Leslie Duthie stated there is an area to the south of the existing trailer that appears to be used for parking or turning vehicles close or on the river bank. An improvement to the existing conditions would be additional plantings in this area to protect the riverbank.
Glenn Colburn agreed stating replanting would prevent vehicles pulling up to the stream and it would improve existing conditions. Additionally there is a lot of Japanese knotweed that could be removed.
Leslie Duthie stated the Commission should make it clear that the work covered under the request for determination does not include any improvements to the deck.
Leslie Duthie moved to give a negative determination for redevelopment of a previously developed river front area. The area described is an area subject to protection but will not fill, remove, dredge or alter the area and does not require the filing of a Notice of Intent subject to the following conditions:
The area south of the trailer where trucks park must be planted with shrubs protecting 10’ – 15’ of area from the river to parking.
Applicant must try to revegetate the riverbank.
The Japanese knotweed to the north of the trailer must be controlled.
No improvements may be made to the deck.
Glenn Colburn seconded the motion.
It was so voted unanimous.
7:50 RFD Bethany Road, Bedrock Financial LLC. The request is for work associated with the construction of a new road to be known as Evergreen Lane and 10 single family home.
Donald Frydryk stated his client is aware that a Notice of Intent must be filed but the Monson Sub-division regulations require that whenever a Preliminary Sub-division plan is filed with the Planning Board a Request for Determination must be filed with the Conservation Commission. They were merely complying with the regulations. He stated the wetland boundaries have not been established at this stage but at least two of the lots come under the rivers act.
Glenn Colburn moved to issue a positive determination the work is within an area subject to protection and the wetland boundaries have not been determined.
Leslie Duthie seconded the motion.
It was so voted unanimous.
8:00 RFD State Street to Chestnut Street filed by Monson Water & Sewer Dept. The request is for work involved in clearing trees from the sewer easement.
Craig Jalbert stated they have trees 12 to 18 inches in diameter within the easement if the roots become entangled in the sewer line it will prove to be a costly situation for the Town. Mr. Jalbert stated they are just cutting the trees on site and stacking there will not be any large pieces of equipment within the easement.
Leslie Duthie stated the Commission walked a portion of the easement and could see the tree and brush growth. It would seem most of the work is being done by hand. No stump removal is proposed.
Craig Jalbert stated the Town has another longer easement for the sewer lines from Paradise Lake over country to Wilbraham Road and it does not have the growth the State Street/Chestnut Street easement has.
Glenn Colburn moved to give a negative determination. The area and work described in the request is subject to protection under the act but meets the requirements for the following exemption:
10.53 (3) (d) maintenance of underground utilities.
As specified in the Act and the regulations no Notice of Intent is required.
Leslie Duthie questioned if any treatment of the tree stumps was proposed? She noted that bittersweet and invasive plants are growing in abundance.
Craig Jalbert questioned if the Commission could suggest something to treat the tree stumps?
Glenn Colburn suggested contacting the electric utility company because they manage the woody growth in their easements using specialized products for the wetland resource areas.
Jim Zieger seconded the motion.
It was so voted unanimous.
8:20 RFD Beebe Road/Old Reed Road, Northtree LLC. Michael Parsons and Robert Scerbo, Northtree LLC were present. The request asks the Commission to determine whether the area, boundaries of resource areas and work depicted on the plans are subject to the Wetlands Protection Act. Additionally it requests a determination whether the area and or work is subject to any municipal wetlands ordinance or bylaw of the Town of Monson.
Michael Parsons stated he believes that in the area that they intend to work the stream is intermittent. He submitted a copy of an e-mail from Tim McKenna DEP stating the USGS map depicts the stream at the intersection of Beebe and Old Reed Road as a perennial stream but stream stats indicate it is intermittent. Mr. McKenna stated he would guess that it is intermittent and according to the regulations an observation of no-flow by a competent source is all that is needed to demonstrate the stream is intermittent. Michael Parsons stated he spoke with a homeowner on Old Reed Road who has observed the channel dry and will contact the Highway Superintendent to try to get a consensus as to whether it is perennial or intermittent.
Leslie Duthie stated looking at the topography map it would appear to be a perennial stream and she had never witnessed the stream in a no flow condition.
Glenn Colburn stated the stream is most certainly perennial further down the road.
Robert Scerbo stated it is important to come to a consensus so the future purchasers of the lots know exactly what they are dealing with. It also impacts the division of land if this is determined a perennial stream two building lots would be lost.
Glenn Colburn stated the status of the stream could be addressed when an Abbreviated Notice of Resource Area Delineation (ANRAD) is filed.
Robert Scerbo reiterated he wanted to clarify the designation of the stream.
Glenn Colburn stated he was concerned because work was started before anything was filed with the Commission and the work was easily within 100 feet of the wetland.
Michael Parsons stated Sean Tucker left his name and a telephone number at the Conservation Commission office.
Leslie Duthie stated the Commission called the number but was unable to contact Mr. Tucker.
Robert Scerbo apologized for being too enthusiastic and starting the work stating it is normally their policy to err on the side of caution.
Leslie Duthie stated when she was on the site the stream was flowing and Mr. Tucker was working within feet of the steam. That said she had no problem with the request to fill the area where the barn was with existing fill to make it a more level slop.
Glenn Colburn stated he would like the type of conservation mix that was to be used specified.
Leslie Duthie questioned what was proposed to deal with the Japanese knotweed that was around the existing house?
Robert Scerbo stated when they demolish the house the Japanese knotweed would be removed roots as well and entombed in the hole left by the foundation of the house and covered with clean fill.
Leslie Duthie questioned if they would be able to fit all of the knotweed on the site in there and still keep a covering of 6 feet?
Robert Scerbo stated he believed so, this was a natural tomb and the knotweed would be covered with some type of plastic material and then clean fill.
Leslie Duthie stated she was recently at a seminar with a group who had a great deal of experience with invasive species and they talked of entrenching or entombing the plants, cover with the plastic material used in some septic systems and then 6 feet of clean fill.
Michael Parsons stated they would file an ANRAD and nail down all of the resource areas on the lots. This is a large wetland area and will take sometime to walk. The property itself encompasses around 190 acres.
Glenn Colburn moved to give the following determinations:
Positive Determination.
The area described on the plan is an area subject to protection under the Act. Removing, filling, dredging or altering of the area requires the filing of a Notice of Intent.
The boundaries of resource areas are NOT confirmed by this determination regardless of whether such boundaries are contained on the plans attached to this Determination or Request for Determination.
Negative Determination.
The work described demolition and removal of the house and barn, clean up the metal, collapse the stone foundation and seed and mulch is within the buffer zone as defined in the regulations, but will not alter an area subject to protection under the Act and does not require the filing of a Notice of Intent.
Leslie Duthie seconded the motion.
It was so voted unanimous.
9:05 The Commission has received complaints from residents living in the vicinity of 359 Silver Street. Leslie Duthie stated the Commission looked at the lot, met the consultant on site and found that it was not a jurisdictional wetland. If the Town had a wetland bylaw it would be different the Commission would be able to protect isolated wetlands or areas of land subject to flooding.
Glenn Colburn stated he could understand why the Commission is receiving calls the site does not look good. There is a high water table and when the foundation was excavated it filled with water.
The Commission discussed what the Springfield Sportsman’s Club would have to do for work involving moving material in order to create a back stop for the gun range. If any fill is taken off of the site it would have to be tested to make sure it was not contaminated. Any crossing of a wetland or intermittent stream would have to be filed for even if the crossing were only temporary.
9:25 The Commission signed a three-year extension to the Order of Conditions for Paradise Lake for vegetation control. The Order of Conditions is extended to March 9, 2009 and the Commission wants to see the results of a water test before the Lake Association requests an extension. The water should be tested in the spring of 2008.
The Commission signed a one-year extension to the Order of Conditions for Stagecoach Lake for vegetation control only. The extension does not include a draw down. The Commission did not see any benefit of the draw down done in November of 2004 because it did not freeze long or hard enough to kill off the root systems and allow the plants to float up when the water level was raised. The Commission allowed another draw down in November of 2005 and although it has not received any results suspect the weather was even less cooperative this past winter.
9:45 MAIL
1. Comments from Natural Heritage & Endangered Species regarding the project on Palmer Road proposed by Christopher & Kevin Haley. The work falls within the habitat of the spotted turtle and NHESP has imposed certain conditions.
2. The Order of Conditions was recorded for Macomber Road, Moore Construction.
Leslie Duthie stated she met Mr. Moore’s son at the site and asked about the deed notation.
3. Letter from the Div. Of Fisheries & Wildlife regarding a vernal pool on Conservation land on Cedar Swamp Road.
4. Superceding Order of Conditions for Lot 3 Wilbraham/Waid Road Dennis Marais.
5. Comments from NHESP Lot 43 McCray Circle the project as currently proposed will not result in a “take” of state-listed rare species. Any changes or work beyond that shown may require an additional filing.
6. Comments from NHESP Lot 41 McCray Circle the project occurs near but not within the habitat of state-listed rare species.
7. Letter from Pioneer Environmental Inc. agreeing to a continuance for the public hearing to April 12, 2006 for Lots 2A & 2A Bumstead Road.
8. NOI for Lot A Carpenter Road owned by Quabbin Properties LLC.
9. NOI for Lot 6 Upper Hampden Road, owned by the MONAB Trust.
10:15 The Commission set site visits for:
Lots 2A & 2B Bumstead Road for April 4, 2006 at 5:00 P.M.
Lot A Carpenter Road April 7, 2006 at 5:00 P.M.
Lot 6 Upper Hampden Road April 7, 2006 around 5:45 P.M.
Leslie Duthie moved to approve the minutes of the meeting for March 15 2006.
Jim Zieger seconded the motion.
It was so voted unanimous.
Glenn Colburn stated he would have the Order of Conditions for Stafford Hollow Road, John Roberts ready for signature at the April 12, 2006 meeting. The Order of Conditions will reference the Deed Restriction requested by NHESP.
Hospital Road - Tony Zaharis DEP spoke with Bill Finn regarding the work for Hospital Road and told him to file with DEP and NHESP at the same time he files with the Conservation Commission. Leslie Duthie stated she received a call from Bill Finn who thought there was some confusion and felt it would be easier for everyone to meet at the site. There is no confusion the Commission, DEP and NHESP want a plan that addresses the concerns of the Town and the other agencies. Ms. Duthie stated she made the Commission’s position clear to Mr. Finn.
10:25 Stafford Road – Glenn Colburn stated he spoke with Robert McCollum, DEP for an update on the temporary culvert and clean up at 146 Stafford Road. Mr. McCollum verified that the emergency certification was for a temporary culvert to remove the house. He will remind the property owners they must file with the Commission to remove the debris.
10:40 Leslie Duthie moved to adjourn.
Glenn Colburn seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
Clerk
Cc: BOH, BOS, Building Dept., Highway Dept., Planning Board, Town Clerk & ZBA
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