MONSON CONSERRVATION COMMISSION
MINUTES APRIL 12, 2006
MEMBERS PRESENT: Leslie Duthie, Glenn Colburn and Donald Lambert
Jim Zieger arrived at 8:20 P.M.
MEMBERS ABSENT: Sara Miller
7:14 Jeff Allard met with the Commission for an informal discussion regarding 16 acres of land he purchased on Stafford Road. The property includes part of Smith pond and half of the dam. The problem is access to the dry area of the property. Mr. Allard stated he had spoken with the quarry owner he thought his name was Woloshchuk to try to get access through his property but he was not interested. He stated he contacted Mr. & Mrs. Walsh and believes he can access his property from their property because they have the culvert in. On a temporary basis if the area dries out enough he could drive along the northerly end of the pond to access his property.
Leslie Duthie stated the stream in question is a perennial stream and the Conservation Commission has jurisdiction for 200 feet on either side of that stream. The edge of the pond is within 200 feet and the Commission would not allow that area to be used for access temporary or otherwise. The temporary culvert on the Walsh property was put in to allow removal of the house and there is nothing on file with the Commission to suggest it is anything other than a temporary culvert. Although it is not a Conservation issue the Town Bylaws do not allow shared driveways so access through the Walsh property would not be allowed.
Jeff Allard stated legally he must be allowed access to his land so the rules would have to be changed or relaxed.
Leslie Duthie stated there are properties in Monson that do not have access and are not suitable for building. If this property was purchased just six months ago the question of access probably should have been addressed before the purchase.
Rose Murphy 150 Stafford Road stated she would like the pond restored because as a result of the October 2005 rainstorm the value of her property has significantly diminished.
Glenn Colburn stated the Commission would not change or bend any rules or laws. The culvert was allowed under an Emergency Certification from Robert McCollom Department of Environmental Protection. After speaking with him the possibility exists that DEP would allow it to be a permanent culvert if Mr. & Mrs. Walsh were able to purchase property to rebuild their home. He stated he agreed with Ms. Duthie that when the property was purchased it was obvious there would be environmental concerns because of the stream and wetlands how did the owners think they were going to access the property? There are other properties in Town that cannot be accessed for building and it would have been prudent to determine the feasibility of access before purchasing this property.
Jeff Allard stated he knew there would be wetland issues and knew it would be expensive. He stated his ultimate goal maybe in 8 to 10 years was to restore the pond and dam.
Glenn Colburn stated any proposed work that involved the dam would have to be addressed with dam safety. However in 8 to 10 years when the stream has rejuvenated itself and vegetation has grown it is unlikely the DEP or the Monson Conservation Commission would permit work to restore the pond and dam.
Jeff Allard stated the dam was a safety issue before the storm in October of 2005 governmental agencies made mistakes. The immediate concern is access to the property.
Leslie Duthie thanked Mr. Allard for coming in to speak informally with the Commission.
7:34 Palmer Road Ted Bukowski. Leslie Duthie stated she spoke with Stan Tenerowicz, Sweetbay Environmental who told her they have not put in the pipe yet to take drainage away to give the area a chance to dry out. According to Mr. Tenerowicz it is very difficult to get out on the plume because the area still has a soupy texture. He apologized that it was taking so long and promised to move things forward as soon as possible.
7:43 The Commission signed the bill schedule.
MAIL
1. Sample language for a wetland bylaw.
2. RFD Steven Mushenko 4 Sand Hill Road.
3. ANRAD Northtree LLC, Old Reed Road and Beebe Road.
4. Letter from EOEA announcing Self-Help Grants.
5. TEC Associates dates they will be treating the vegetation along the CSX railroad right of way.
6. Copy of a Beaver permit issued by the Board of Health to the Springfield Sportsmen’s Club.
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7. Copy of corrected Determination of Applicability issued by the DEP to Dennis Marais.
8. Letter from Sweetbay Environmental detailing the methodology for removal of the sediment on the easterly side of Palmer Road across from Country Club Drive.
9. Various building permits.
8:00 NOI Lots 2A & 2B Bumstead Road. Present at the hearing were property owner Jerry Talbot and his consultant Colleen Foerster, Pioneer Environmental. Ms. Foerster stated the property is located on the westerly side of Bumstead Road and has been divided into two lots, Lot 2A has 11.5 acres and Lot 2B 4 acres. On site there is a stream that flows into Chicopee brook, Bordering Vegetated Wetland (BVW) and an isolated wetland. Off site there is BVW bordering an intermittent stream. The wetland boundaries have been marked with flags R1 through R 14 and RA1 through RA14. Following the site visit on Monday April 14, 2006 an additional flag RA1A was added. Ms. Foerster stated the soil borings and vegetation that is predominantly upland vegetation lead them to believe their delineation is
accurate. The isolated wetland is a potential vernal pool and egg masses were observed. The applicant has agreed to extend the wetland beyond the vernal pool. On Lot 2A there will be trees cleared and grading within the buffer zone for the driveway. On Lot 2B a small portion of the house, grading and lawned area falls within the 100-foot buffer zone. There is no work in the riverfront area proposed. DEP has issued a file number 228-0279.
Leslie Duthie stated everyone observed egg masses at the site visit so it is not a potential vernal pool it is a vernal pool. The plan proposes two driveways within 25 feet of the vernal pool that will involve the clearing of trees. Once the trees are cleared for the driveway to the south there will be an increase in the amount of sunlight that hits this area and will result in the vernal pool drying up.
Colleen Foerster stated the vernal pool must be in jurisdictional area to be of concern. The applicant is taking measures to protect the area and proposes an infiltration trench to stop run off going into the vernal pool. The area does not qualify as Isolated Land Subject to Flooding (ILSF) and is not subject to protection under the Act. The trees must be cleared to get the driveway in.
Glenn Colburn stated he would like to discuss the area near the culvert because he believed it was riverfront area and not an intermittent stream. Water was flowing on the day of the site visit and conditions have been unusually dry for this time of year. He stated he believed the riverfront area was wider than what is shown on the plan and extends into the southerly driveway area.
Colleen Foerster showed photographs of the culvert with someone identifying the high water mark with a stick. She stated she believed the black stained leaves and ponding that was observed was from a high groundwater table and not stream flow. Ms Foerster stated she did not feel that the stream overflows the bank at any point.
Leslie Duthie stated she did not agree. The water is right up to the edge of the stream and it is possible that the water is spilling over the bank. It appears that the high water mark is at the top of the bank. She stated she agreed with Mr. Colburn that conditions have been unusually dry lately. Typically during the month of March there is four inches of precipitation this March there was less than an inch.
Colleen Foerster stated she was on the site in 2005 during the spring summer and fall and did not observe the water overtopping the bank.
Jerry Talbot stated he was trying to do the right thing and follow the rules.
Leslie Duthie stated this had not been a typical year because there was virtually no rain in March and little to no snowmelt.
Colleen Foerster stated the culvert was appropriately sized to prevent the stream overflowing the bank.
8:20 P.M. Jim Zieger arrived.
Leslie Duthie stated the driveway drops down off of Bumstead Road and a two foot swale is proposed on the southerly side of driveway to the west of the vernal pool.
Jerry Talbot stated he would be doing the work himself because that is what he does for a living and the swale would be taking the run off.
Leslie Duthie stated she was concerned that material would be getting into the vernal pool.
Jerry Talbot stated the run off is directed to infiltration trenches and the project has been over designed in an effort to protect the areas of concern.
Leslie Duthie stated the run off from Bumstead road is being directed to the vernal pool.
Colleen Foerster stated there is a pipe under the low spot.
Leslie Duthie stated she was not comfortable with the amount of run off from the road and driveways going into the vernal pool.
Jim Zieger stated as the trees are cleared there would be no shade and the vernal pool area would dry up. He stated he believed the vernal pool would be impacted and in future years would not exist.
Colleen Foerster stated they had been sensitive to the areas of concern and protecting the wetlands.
Glenn Colburn stated he reviewed the regulations and it does say the top of the bank represents the mean annual high water level.
Colleen Foerster reiterated their position that the stained leaves and standing water was because of the high ground water.
Glenn Colburn stated the Commission believes the stained leaves and area of ponding water is the mean annual high water level and that is three inches higher than what was observed. He suggested it would probably be a good idea if the Commission hired a consultant to take a look at the area.
Leslie Duthie agreed with Glenn Colburn.
Colleen Foerster questioned what it would take to make the Commission comfortable and avoid the lengthy process of hiring a consultant? If flag RA2 were moved out to where WA2 is that would put the driveway and grading within the riverfront area.
Jerry Talbot questioned what it would take to put the driveway in that area?
Colleen Foerster asked the Commission to close the hearing contingent upon receiving a revised plan?
The Commission declined.
Jerry Talbot stated he believed the Commission was compromising the installation of the driveways on these lots because of concern for the vernal pool.
Glenn Colburn stated the Commission does its best to protect what it can. This could just as easily have been one lot with no work at all in the riverfront area.
Colleen Foerster stated the vernal pool is not jurisdictional.
Jim Zieger questioned if it would work to move the driveway further into the riverfront area?
Jerry Talbot stated he would be happy to work with the Commission with regard to the location of the driveways.
Leslie Duthie stated after the site visit she came to the meeting thinking that this was one lot but would agree to move the driveway away from the non jurisdictional area.
Heather Stavros Pioneer Environmental stated if the delineation of the riverfront changes it is possible an alternatives analysis would be required.
Glenn Colburn stated there is a good argument to go into the outer riparian zone because as proposed now there are two driveways within 25 feet of one another.
Colleen Foerster again requested the Commission close the hearing contingent upon receiving a revised plan.
Heather Stavros stated she believed the DEP would have concerns with the proposed changes.
Leslie Duthie stated she agreed but was personally more comfortable providing the buffer zone to the vernal pool. She stated the new plan should be submitted to the Commission and DEP and the Commission would not close the hearing but continue it to address any concerns raised by the DEP.
Jerry Talbot questioned if the DEP approved the plan would the Commission then close the hearing and let him proceed?
Leslie Duthie stated the Commission has genuine concerns if those are addressed and also any concerns of the DEP the Commission would not keep asking the applicant to come back.
Leslie Duthie moved to continue the hearing for a revised plan and comments from DEP.
Glenn Colburn seconded the motion.
It was so voted unanimous.
9:00 NOI Palmer Road Maeldun LLC continued. Present at the hearing were Kevin Haley, Christopher Haley and Donald Frydryk, Sherman & Frydryk, Land Surveying and Engineering. Mr. Frydryk stated they received approval from NHESP with conditions that must be added to the final Order of Conditions. The conditions include the site must be enclosed between November 15th, and May 15th of each year. At the completion of Phase 3 for the earth removal the “construction fence” depicted on Sheet 6 of the plans shall be replaced by the permanent turtle barrier shown as “turtle barrier detail” on Sheet 8 dated 1/24/2005, revised 3/9/2006 of the plans. Mr. Frydryk stated they had spoken with Mass Highway and would remove the guardrail by the road to
improve sight distances and would replant the slope with native species.
Leslie Duthie questioned if they intended to use natural plantings or seeding?
Mr. Frydryk stated seeding. The project is planned in three phases. The first phase is the removal of the gravel but a temporary turtle barrier must be in place by May 15th in accordance with the conditions placed on the project by NHESP. For practical reasons on Phase 1 the erosion control barrier will also act as a temporary turtle barrier, as the work proceeds the permanent barrier will be installed. Donald Frydryk stated he spoke with Misty Ann Merrill at NHESP who advised that the turtle barrier would be better down gradient from the erosion control barrier but that would mean working outside of the limit of work preferred by the Commission.
Glenn Colburn stated he could not imagine much debris piling up against the barrier.
Donald Frydryk stated the plan is to complete phase one before starting on phase two. He questioned if the Commission would have an objection to a sock instead of a silt fence? This would depend on NHESP and if it considered a sock an adequate temporary turtle barrier.
Glenn Colburn stated he did not think it would work as well as silt fence for a temporary barrier.
Donald Frydryk stated on phases two and three it would be possible to put in the sock and turtle barrier at the same time.
Leslie Duthie stated the Commission would defer to NHESP. The Commission looked at the project about a year ago and given the state highway that separates the project from the river did not have many questions. The drainage calculations were discussed at that time and if the areas that require plantings receive a diversified mix of seed, shrubs and fast growing material the Commission would be satisfied.
Kevin Haley stated the intention is to move the existing business minus the oil to this location. He questioned if they would be looking at any constraints as far as the Commission was concerned?
Glenn Colburn stated he could not think of anything.
Kevin Haley stated they were removing the fill to use the back portion of the property although there would not be any paved areas in the back it would still be used and he was trying to avoid any future problems.
Leslie Duthie stated, as she understood the project the paved area was around the building and the majority of the storage area was outside of the 100-foot buffer.
Leslie Duthie moved to close the hearing and issue an Order of Conditions.
Glenn Colburn second.
It was so voted unanimous.
9:25 NOI Lot 6 Upper Hampden Road MONAB Trust. Heather Stavros, Pioneer Environmental was present representing the applicant.
Ms. Stavros stated the project involves the construction of a single family home with associated utilities, driveway and grading. The property is accessed from Upper Hampden Road and there is a perennial stream on the other side of Upper Hampden Road. The two hundred-foot riparian zone extends onto a small portion of the property. An intermittent stream flows from Bennett Road down gradient to wetlands. The Monson Conservation Commission previously confirmed the wetland line. A portion of the driveway and house is within the 100-foot buffer zone. The driveway is within 50 feet of the wetland and there will be grading within 25 feet of the wetland. The NOI was sent to NHESP because it is an area of turtle habitat.
Glenn Colburn suggested an anti tracking pad on the end of the driveway to prevent trucks tracking material onto Upper Hampden Road and possibly causing erosion into the stream.
Heather Stavros stated the hearing would have to be continued because DEP has not issued a file number and NHESP has not commented on the plan.
Leslie Duthie moved to continue the hearing to April 26, 2006.
Glenn Colburn seconded the motion.
It was so voted unanimous.
9:35 NOI Lot A Carpenter Road Quabbin Properties. Heather Stavros, Pioneer Environmental and Bill Pope were present.
Ms. Stavros stated the property has been divided into two lots A and B and the wetland has been delineated. There are three bordering vegetated wetlands connected by intermittent drainage. The wetland continues 10 feet under Carpenter Road into an intermittent stream.
Leslie Duthie stated the Commission did not verify the wetland line on Lot B.
Heather Stavros stated the house would be located close to the front of the property. Following the site visit flag WFY3 was added to the plan. DEP has issued a file number 228-0282. There is a logging/cart path that is littered with plastic tarps and pieces of carpet Mr. Pope would like permission to remove that material.
Leslie Duthie stated the Commission would encourage the clean up of that area. She questioned if the house could be moved over to provide a 50-foot buffer zone?
Mr. Pope stated he believed that could be done.
Leslie Duthie moved to close the hearing and issue an Order of Conditions contingent on receiving new plan showing the relocation of the house.
Glenn Colburn seconded the motion.
It was so voted unanimous.
9:55 Wood Hill Road Springfield Sportsman’s Club. Al Everard representing the Springfield Sportsman’s Club met with the Commission for an informal discussion regarding the creation of a backstop at the pistol range. Material will be moved to create a berm.
Leslie Duthie questioned if any material was going to be removed from the site?
Al Everard stated they are moving not removing the earth. He stated the work is being undertaken to address issues raised by the DEP for future lead containment.
Leslie Duthie stated any contaminated soils removed from the property they must be disposed of at the proper facilities.
Al Everard stated they must level the trajectory for the pistol range and would contain what they had to. The proposed berm is siftable sand covered with a roof to prevent water running through it.
Glenn Colburn stated he was not familiar with the pistol range but thought there was an intermittent stream somewhere in the vicinity and questioned how close the work would be to that area?
Mr. Everard stated approximately 50 feet.
Glenn Colburn stated the Club should file a Request for Determination.
Leslie Duthie stated any work with 100 feet of an intermittent stream would require a filing with the Commission.
10:10 Cushman Street Randy Pascale. Mr. Pascale met with the Commission to discuss the Determination of Applicability issued for work involving a cement pad to replace an existing trailer. Part of the determination required the planing of shrubs to protect the riverbank. Mr. Pascale stated that poses a problem for him because his work area is limited and the elimination of parking spaces would make getting his equipment in and out of the property difficult. There is nowhere else on site to relocate the parking.
Leslie Duthie stated the Commission accepted an RFD for the project because it was redevelopment of a previously developed riverfront area. That is allowed as long as the applicant improves the existing conditions. The Commission did not necessarily say that all of the parking spaces should be eliminated rather shrubs should be planted at the top of the bank area to help prevent run off into the brook.
Glenn Colburn stated the vehicles are backing up to the point of overhanging the river. The parking lot is dirt and any type of vegetation that can be put along the bank to help filter the run off from the parking lot is going to be an improvement.
Jim Zieger questioned if in addition to the plants a natural barrier could be placed to protect the shrubs?
Randy Pascale stated he wanted to do this with the least amount of work and the cheapest way possible. He stated he thought it was a good thing that the grade of the lot directed the run off to this area and into the brook.
Leslie Duthie stated it was the Commission’s job to protect the river and a row of shrubs once they are established would help to filter the water before it goes into the stream.
Mr. Pascale agreed to plant shrubs at the top of the bank of the stream.
10:50 Beebe Road Victor Peristere met informally with the Commission to request a letter indicating the removal of trees on his property is not a violation of the Wetland Protection Act.
Glenn Colburn stated he made a site visit in response to concerns the neighbor had regarding a violation of the Wetland Protection Act. The tree removal is in excess of 100 feet from the intermittent steam and does not require a filing.
Tom Faulkner stated he attended the meeting and found it interesting and would like to attend more meetings with a view to an appointment to the Commission.
The Commission urged him to continue attending the meetings and join them on site visits to get an idea of the time commitment involved.
Glenn Colburn moved to accept the minutes of March 29, 2006.
Leslie Duthie seconded the motion.
It was so voted unanimous.
The Commission signed the Order of Conditions for John Roberts Stafford Hollow Road. The Commission will send a copy to NHESP.
The Commission set site visits for Beebe Road/Old Reed Road, ANRAD for Tuesday April 18, 2006 and Sand Hill Road, Wednesday April 25, 2006.
11:15 Leslie Duthie moved to adjourn.
Glenn Colburn seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
Clerk
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