CONSERVATION COMMISSION
MAY 10, 2006
MEMBERS PRESENT: Leslie Duthie, Glenn Colburn, Donald Lambert and Jim Zieger
Also Present Tom Faulkner
7:05 RFD Wood Hill Road Springfield Sportsman’s Club. The request is for work involved in grading for the pistol firing range and the creation of a covered backstop using siftable material.
Leslie Duthie stated the Commission made a site visit and discussed the location of a silt fence along the work limit line with everything to be kept away from the wetland line. The silt fence would be sufficient to protect the wetlands from the work outlined in the request but work involved in the intermittent stream would require the filing of a Notice of Intent.
Glenn Colburn stated the club wanted to grade the material forward that would be toward the wetland to level the area out but the Commission prefers that the material be graded back away from the wetland rather than toward it.
Al Ellard representing the Springfield Sportsman’s Club stated it makes no difference to the club if the earth goes back or forward all it is looking for is a level area.
Leslie Duthie stated that no cuts along or in the intermittent stream were allowed under this determination.
Mr. Ellard stated they would like to put in a culvert instead of walking through the stream.
Glenn Colburn stated that involves working in a wetland and a Notice of Intent would be required.
Leslie Duthie stated a temporary measure would be to lay pallets across.
Mr. Ellard stated the club is run by elected board members who visit on occasion. The aesthetics involved with walking across a plank would not bother them but for him personally this is where he lives and he would prefer a permanent solution and do the culvert.
Leslie Duthie moved to give a negative determination for work involved with creating a level grade on the rifle/pistol range and the creation of a covered back stop berm using screenable sand material.
Glenn Colburn seconded the motion.
It was so voted unanimous.
Leslie Duthie moved to give a positive determination for the clearing of overgrown brush in and around the intermittent stream and for any work involving the installation of a culvert. Work described as items 3 and 4 in the Request for Determination will require the filing of a Notice of Intent.
Glenn Colburn seconded the motion.
It was so voted unanimous.
7:30 NOI Hospital Road continued. Stanley Elkerton and William Finn were also present. DEP 228-0278
William Finn stated the NOI was filed because of an engineering problem on a short stretch of Hospital Road just before the bridge that must be corrected. The plan had to be re-engineered because the drainage outfall proposed on the original plan was below the level of the stream. The road must be raised in this section and the Commission issued an emergency certification in December to temporarily address the drainage. The new plan has been submitted to DEP and to Natural Heritage and Endangered Species Program who have issued comments. The stone ditch is to be removed and the natural vegetated swale restored.
Stanley Elkerton stated there was an error in the original design and the outfall did not function correctly, as it was two feet too low. It was agreed the only solution was to raise the road and bring the drain up to allow it to function as it was originally designed. The open stone lined ditch will be removed and restored to a shallow vegetated swale. In an easterly direction the project will be three feet above where it is today and then come back down to meet existing levels. The change in design will mean an additional 2000 square feet of impact to the wetlands. Mr. Elkerton stated they have spoken with John Morrell who has expressed concern regarding an existing catch basin located by the first dwelling east of the bridge that is buried in the right of way and they will address his
concerns.
Leslie Duthie questioned if the level of the road is to be raised are the catch basins also going to be raised?
Stanley Elkerton stated the catch basins would be raised in accordance with the level of the road.
Leslie Duthie questioned if the proposed vegetated swale that is to replace the gravel swale would be able to handle the run off?
William Finn stated there was a swale there before but it was not man made the water had cut its own path.
Leslie Duthie questioned where the 2000 square feet of disturbance was to be replicated?
William Finn stated they would like to talk about mitigation rather than replication. He questioned if there was an area the Commission would like to see something done?
Glenn Colburn stated this impacts flood storage and that would have to be recovered.
William Finn agreed but stated it was minor and they have yet to do the calculations.
Leslie Duthie questioned if other Town Agencies had seen and approved the plan?
Stanley Elkerton stated they have met with Gretchen Neggers, Town Administrator, Bacon & Wilson, Town Attorneys, John Morrell, Highway Superintendent and Craig Jalbert Water & Sewer Superintendent. Mr. Morrell has no problem with the plan other than the catch basin already mentioned. Craig Jalbert is concerned because if the roadway is raised the water main will be too deep. Mr. Jalbert wants to have the water main raised to make any repairs easier and less costly to the Town.
Leslie Duthie questioned if the mitigation had to be in the same vicinity along the road, or another part of Hospital Road or somewhere else altogether?
William Finn stated he put it on the table for consideration and would let the Commission think about it.
Stanley Elkerton stated his preference is to do nothing and ask the Conservation Commission to accept the plan without requiring replication or mitigation. He stated this has developed into an extremely expensive project for his company and they would like to keep the costs under control as much as possible.
Leslie Duthie questioned if there was a planting plan for the existing stone lined ditch that is to be filled?
William Finn stated no plan but there is a note on the plan that they propose restoration mix. .
Leslie Duthie stated the material does not necessarily have to be native to the site but it should be native to New England. She stated the things still to be addressed are:
Natural Heritage and Endangered Species.
Department of Environmental Protection.
The Town of Monson, Monson Highway Dept. and Monson Water & Sewer Dept.
Conservation Commission replication/mitigation and flood storage.
William Finn stated their next step was to get together with DEP and NHESP. He asked the Commission to consider allowing construction netting to be place over the outfall to keep the turtles out of the drainage.
Leslie Duthie stated she did not see a problem but when Mr. Elkerton and Mr. Finn meet with NHESP run it by them. NHESP sent a letter in January and one of the long-term solutions was to remove the stone lined ditch and replace it with a vegetated swale.
William Finn stated that is what they propose to do and he believed NHESP made the suggestion because of its concern for the mussels in the river.
Stanley Elkerton submitted a full set of plans including cross sections and profiles. The plans show the original road before construction commenced the road re-construction, as it was bid and the proposed new road.
Leslie Duthie moved to continue the hearing to receive comments on the proposed plan from NHESP, DEP and the Town Departments.
Glenn Colburn seconded the motion.
It was so voted unanimous.
8:00 NOI Lot 6 Upper Hampden Road Heather Comee Pioneer Environmental. DEP number 228-0281.
Ms. Comee stated after the initial public hearing the plans have been revised to show the Commission’s suggestions with regard to a tracking mat and haybales in the swale to catch any erosion that may come down during construction. NHESP responded stating the work is within actual turtle habitat and could have an adverse affect but if the plans are revised and the modifications suggested included in the Order of Conditions the project could move forward.
Leslie Duthie stated NHESP has asked that the site be completely enclosed with a turtle barrier between March 15 and November 15 during construction.
Ms. Comee stated the haybales would be installed on the construction side of the fence. DEP questioned an alternative analysis suggesting access to the site from Bennett Road instead of Upper Hampden Road to avoid working in river front area. Ms. Comee stated that is not an alternative because there is not 200 feet of frontage on Bennett Road and the Town has a bylaw that requires access from the legal frontage. Additionally the plan was originally designed for 6 lots but was reduced to 5 to avoid more impacts.
Leslie Duthie stated she believed they had addressed the concerns of the Conservation Commission.
Glenn Colburn stated he believed it was a good plan but would like to see the site closed off at the end of work every day.
Leslie Duthie made a motion to close the hearing and issue an Order of Conditions.
Glenn Colburn seconded the motion.
It was so voted unanimous.
8:20 Neil Schmerhorn representing the Monson Rotary Club questioned if the Commission had any concerns regarding the duck race the club runs each year as part of the Summerfest celebration on July 4th.
The Commission stated there is no work involved other than putting rubber ducks in the stream at one point and taking them out at another. The Commission has no concerns.
8:24 NOI Lots 2A & 2B Bumstead Road continued. Property owner Jerry Talbot and his consultant Colleen Foerster, Pioneer Environmental attended the meeting. Ms. Foerster stated they have revised the location of the driveway on Lot 2B and it now falls within the riverfront area. The result is 3,402 square feet of disturbance within the riverfront but in accordance with 310 CMR 10.58 (4) (d) (1) the disturbance is less than 5000 square feet. A deed restriction has been proposed and that is included with the revised plan as Appendix A. She stated she spoke with Tim McKenna regarding the revised location of the driveway and he did not have an issue with it and would not make additional comments.
Jim Zieger questioned the distance between the vernal pool and driveway?
Colleen Foerster stated the closest part of the vernal pool to the siltation fence is 84 feet.
Leslie Duthie stated the deed restriction was a requirement to limit the amount of alteration on Lot 2B.
Glenn Colburn stated he was not convinced that the mean annual high water was correctly identified. He stated he found an area where the leaves and sticks were pushed back and it was clearly from water flowing through. It appeared that the high water mark was up around wetland flag WA2 and that would push the riverfront area closer to the vernal pool. He stated he went back to look at the wetland line and test borings showed bleached out soils. The borings showed 6 – 10 inches of dark horizon and then light soils as compared to the area proposed for the driveway that showed bright soils. There is a finger of hydric soils extending from the vernal pool, about another 20 or 30 feet the soils turn bright again and the soils are hydric on the property line. Mr. Colburn stated he
believes the BVW comes up to the property line so this is buffer zone work.
Colleen Foerster stated there has to be wetland vegetation and soils to call it a wetland.
Leslie Duthie stated the regulation says soils vegetation and hydrology. Many times the Commission points to the wetland vegetation only to be told by the various consultants that it is soils that count. On this property the soils are hydric and the Commission is now being told it must look at vegetation.
Glenn Colburn stated he believes the Commission is looking at an inaccurate wetland line.
Colleen Foerster stated the Commission should have notified her and Mr. Talbot when it went out to perform more soil borings. They should have been given the opportunity to be on site. When they left the last meeting they were under the impression the only issue to address was the relocation of the driveway.
Glenn Colburn stated he expressed his concern with the mean annual water line at the last meeting and after going back to review the soils believes the wetland line is incorrect. That does not necessarily mean the project cannot go forward. He stated he was satisfied with the new location of the driveway but wanted a correct plan to reference in the Order of Conditions.
Colleen Foerster stated they changed the plan to accommodate the Commission and it is still not satisfied.
Leslie Duthie stated she agreed with Glenn Colburn that the line was incorrect.
Jerry Talbot stated at the hearing on April 26, 2006 the Commission had a problem with the proximity of the driveway to the vernal pool and asked for a new plan moving the driveway further into the riverfront area and away from the vernal pool. The Commission stated if the driveway was moved it would not ask for more revisions.
Glenn Colburn stated he wanted a correct plan to reference in the Order of Conditions. He stated it was important for future reference and any future owners that the wetland line is accurately shown on a plan on file with the Commission.
Leslie Duthie stated the Commission was satisfied with the new location of the driveway.
Jerry Talbot stated he went to DEP to get approval for the new location of the driveway and expended a considerable amount of money to change the plan now the Commission wants another change.
Glenn Colburn stated he did not disagree with the location of the driveway but felt the wetland line was inaccurate.
Colleen Foerster stated the vegetation is princess pine.
Glenn Colburn stated he did not observe a lot of princess pine and the soils are hydric well beyond the BVW. He agreed with Ms. Duthie that routinely when the Commission points to wetland vegetation the consultants say it is the soils that count. Now the Commission is saying the soils count the consultant is saying no it is the vegetation. Mr. Colburn stated he spoke with the neighbor who claims the brook never dries up.
Colleen Foerster stated the Commission misled her and her client. If there was an issue with the delineation it should have been brought up before tonight.
Glenn Colburn reiterated that he expressed his concerns at the last meeting.
Jerry Talbot stated he did not mind meeting all of the needs of the Commission but did not want to keep paying engineers two or three times. The project has quadrupled in cost and he would like the Commission to give him all the changes at once rather than keep coming back meeting after meeting.
Colleen Foerster stated she went on site with Peter Levesque who has years of experience delineating wetlands and believed the wetland line was correct. She stated she would agree it is a transitional area.
Jim Zieger questioned if the wetland line were to be drawn in on the plan and the work approved as it is shown on the plan could the Commission move forward?
Glenn Colburn stated he would not vote to write an Order of Conditions referencing a plan with a “drawn in” wetland line. The Order of Conditions stays with this property and all of the wetland lines should be correct on the plan. He stated he believes the line is inaccurate and the obviously the consultant believes otherwise.
Jerry Talbot questioned if the line was moved would he lose the driveway?
Leslie Duthie stated no.
Jerry Talbot questioned what difference it made if the disagreement was a line on a plan?
Glenn Colburn stated unless the Commission states otherwise by accepting the plan and writing an order of conditions it is agreeing that all the lines on the plan are accurate. He stated he would agree to issue an order of conditions if a note were to be added to the plan stating the Monson Conservation Commission has not confirmed the X wetland line.
Leslie Duthie stated she agreed with Mr. Colburn and was reluctant to issue an order of conditions on an inaccurate wetland line but felt what was suggested is a reasonable way of handling it.
Colleen Foerster stated they would agree to move the mean annual high water line to RA 2 and add a note on the plan that the Monson Conservation Commission has not confirmed the wetland line delineated by flags designated X 100 – X 104.
Leslie Duthie moved to close the hearing and issue an Order of Conditions contingent upon receiving a new plan with a change to RA 2 and a note regarding the confirmation of wetland line X.
Jim Zieger seconded the motion.
It was so voted unanimous.
9:10 RFD 9 Sand Hill Road, Stephen Mushenko.
Leslie Duthie stated a children’s playhouse has been located within wood turtle habitat but a site visit by the Commission confirmed there is no foundation and no disturbance of any kind. The Commission paced off the site and determined that it is outside of the riverfront area.
Glenn Colburn stated there are no impacts to the riverfront area or turtle habitat.
Leslie Duthie moved to give a negative determination.
Glenn Colburn seconded the motion.
It was so voted unanimous.
9:20 ANRAD Old Reed Rd/Beebe Rd. Northtree LLC. Also present were Robert Scerbo, Northtree LLC and Mike Parsons, Kelly Granger & Parsons. DEP No: 228-0283
Mike Parsons stated they walked the site with the Commission and made some adjustments to the flags. The revised plan shows the original flags and the additional flagged areas. The Commission did not walk the rear line identified with the F series of flags.
Leslie Duthie stated in addition to the rear F line the Commission did not look at the wetlands on the north end of the property including Lot 27. The Commission knows there are significant wetlands at the bottom of the hill.
Mike Parsons stated the lots are large and they do not anticipate anyone will do anything in the wetland areas. There is sufficient area for a driveway to go in avoiding the wetland areas. The applicant is only asking the Commission to confirm the areas that were delineated and did not delineate the wetlands on the north end of the property. Mr. Scerbo will make it plain in his disclosure to prospective buyers they would have to file with the Conservation Commission.
Leslie Duthie reiterated the Commission had not confirmed the rear line identified with the F series of flags.
Jim Zieger questioned if the C series of flags had been confirmed?
Glenn Colburn stated the wetland lines delineated with the C D and E series of flags were confirmed.
Mike Parsons stated the other issue to settle is the stream that bisects Lots 11 and 12 and goes down through Lots 6,7,8 and 9. Included in the filing was a copy of an e-mail from Tim McKenna DEP stating the USGS identifies it as a perennial stream but when he looked at stream stats he felt it was an intermittent stream. Also included in the filing was a letter from David Place, Beebe Road who stated he logged the property for the previous owner and had seen the stream dry from time to time.
Chris Connors, Old Reed Road stated he was concerned the wetlands were not identified on the plan for Lots 27 and 28.
Leslie Duthie stated that is the north end of the property and the Commission did not look at any wetlands in this area. When the lots are purchased the property owners will have to file with Conservation.
Glenn Colburn stated he was not convinced it was an intermittent stream. Every time the Commission has been in this area not just with these lots but the existing properties it has been flowing. He stated he did not think the applicant had provided enough documentation to call it an intermittent stream.
Leslie Duthie stated the regulations require documented photographs or observed by a reliable source preferably a Conservation Commissioner and it must dry up 4 times in a consecutive 12-month period.
Jim Zieger questioned if four photographs in one day satisfied the requirement?
Glenn Colburn stated he did not believe the Commission would accept that. The point is the applicant has not provided sufficient accurate documentation that the stream dries up.
Jim Zieger stated he concurred with Mr. Colburn and was not convinced that the stream was intermittent.
Leslie Duthie made a motion to confirm wetland lines A, AA, BB, C. D and E as shown on the plan. The wetland lines F and G and the wetlands to the north are not confirmed in the determination. The Commission finds insufficient documentation was presented to call the stream intermittent and therefore finds it a perennial stream as shown on the USGS topo map.
Jim Zieger seconded the motion.
It was so voted unanimous.
9:55 NOI Lot 45 McCray Circle CIL Realty 228-0284 David McKinley Corporation for Independent Living and Chuck Easton CME Associates were present.
Mr. McKinley stated they have filed the Notice of Intent because the footprint of the house has increased and the amount of impervious surface on the property has increased. This is a 5-bedroom group residence home that will have a circular driveway and parking area. A collection and infiltration system is proposed to ensure there is no water leaving the site. A rain garden, essentially a retention basin that will be planted with wetland plants will collect and infiltrate the water.
Leslie Duthie questioned how the water was to be conveyed into the retention basin/rain garden?
Chuck Easton stated there would be roof drain guards directing the water that would sheet flow to the retention basin.
Leslie Duthie questioned if there were any catch basins proposed in the parking lot?
Chuck Easton stated one catch basin with a four-foot sump and the water would be piped to infiltration chambers underneath the parking lot.
Leslie Duthie stated she believed the driveway and parking would be something other than asphalt?
Chuck Easton stated that was originally but the case the facility is going to be occupied by elderly wheelchair bound clients so a wheelchair friendly surface was necessary. He stated the drainage system has been sized to handle and collect for a 100-year storm.
Barbara Boysie stated she would like to correct Mr. Easton’s statement the facility will serve handicapped wheelchair bound clients that are between 20 and 30 years of age.
Leslie Duthie questioned how they knew there would be enough water going into the retention basin to maintain the wetland species?
Chuck Easton stated it was an assumption.
Leslie Duthie questioned the types of soils to be used to maintain the species?
Chuck Easton stated 6 inches of topsoil in addition to existing soils.
Leslie Duthie questioned if the roof run off was to be piped to the basin?
Chuck Easton stated there were no pipes coming into the retention basin/water garden. The pipe shown on the plan is an overflow that will drain to 6 inch and 8 inch pipes connected to the Town’s drainage system.
Leslie Duthie questioned if there was an annual maintenance plan for the garden?
Chuck Easton stated it was basically remove the debris and replace any dead plants.
Jim Zieger questioned who was responsible for maintenance?
David McKinley stated the applicant CIL and the agency using the facility.
Glenn Colburn questioned if there was a maintenance plan for the catch basin?
Chuck Easton stated they proposed sweeping the parking lot and removing the sediment annually or when it reaches half of the storage capacity of the sump.
Glenn Colburn stated DEP included in its comments that the project must meet the stormwater management policy because this is not a single family home.
Chuck Easton stated they intend to construct the retention basin/rain garden first so the stormwater would go there.
Glenn Colburn questioned if the NOI had been sent to NHESP because this is box turtle habitat.
Chuck Easton stated he had not.
Leslie Duthie stated this is considered turtle habitat and NHESP usually requires a turtle barrier to be installed by a certain date.
Glenn Colburn suggested the applicant check with NHESP for additional information.
Joan Watson State Street questioned the style of the home.
David McKinley stated it was a ranch style home.
Glenn Colburn questioned if there were going to be any controls on the temporary stockpiles of soil?
Chuck Easton stated there was a note on the plan that temporary stockpiles of material would be protected with silt fencing.
Joan Watson stated there are large puddles on the lot now.
Glenn Colburn stated the Commission would give NHESP the opportunity to comment. An anti tracking pad should be used once construction starts and the silt fences should have haybales on the resource side.
Leslie Duthie moved to continue to hear from NHESP.
Chuck Easton questioned if the Commission would close the hearing and include comments from NHESP in its Order of Conditions.
Glenn Colburn stated he would like to wait for comments from NHESP.
Leslie Duthie agreed. She stated the applicant could completely encase the site with silt fence in anticipation of Natural Heritage’s comments and be ready to start when an order of conditions was issued.
Glenn Colburn seconded the motion.
It was so voted unanimous.
10:25 RFD 300 Main Street Gary Pfisterer. The Commission received an e-mail from DEP who questioned if this was an appropriate filing as the work was within riverfront resource area.
Gary Pfisterer stated the property is across a major road from the stream and everything has been designed to minimize the disturbance in the riverfront area. The property is lawn at the moment with a row of trees along the road. Photographs of the property show the land sloping toward the back away from the road. The soils are sandy with good infiltration and there is no surface run off from the property across the road into the stream.
Leslie Duthie stated she believed this was an appropriate filing.
Gary Pfisterer stated the degradation to the stream is caused by what is happening up stream, this project will not affect the stream.
Glenn Colburn stated he was concerned with the construction equipment going in and out of the driveways for the homes and tracking material onto the street that could eventually end up across the road in the stream. He suggested an anti-tracking pad for the driveways.
Gary Pfisterer stated the property is in common ownership and he believed the construction would be done from the rear of the lots. He stated he would prefer to leave as many trees framing the front of the property along Main Street as possible.
Glenn Colburn moved to give a negative determination.
Leslie Duthie seconded the motion.
It was so voted unanimous.
10:45 RFD Lot 1 Butler Road, Thomas Smith. The request is for work on a driveway associated with the construction of a single family home. The driveway is in the resource area of an intermittent stream.
Glenn Colburn stated depending on the way the driveway is crowned the applicant might want to put in a swale along the side of the driveway to direct runoff into some type of retention basin. He stated Butler Road is a dirt road but the applicant might still consider using stone on the bottom of the driveway for an anti-tracking pad.
Leslie Duthie moved to give a negative determination for work in the buffer zone of an intermittent stream that will not alter, dredge or fill the area. Conditions were added to the determination that during construction a silt fence was to be installed on the stream side of the driveway and an anti-tracking pad installed at the end of the driveway. Additionally haybales across the driveway during construction would help to slow the run off down and trap any erosion that should occur before it gets to the road. There must be no discharge of run off into the road.
Glenn Colburn seconded the motion.
It was so voted unanimous.
10:58 The Commission signed the Order of Conditions for Lot A Carpenter Road Quabbin Properties.
11:05 MAIL
1. RFD 142 Stafford Road Peter & Diana Walsh.
2. Copy of a letter from Robert McCollom, DEP to Peter & Diana Walsh.
3. Request for a Certificate of Compliance from Jeff Roberts Munn Road.
4. Stagecoach Lake Association recorded the extension of the Order of Conditions and Kevin Hall 21 Woodridge Road recorded his Order of Conditions.
5. Copies of beaver permits issued by the Board of Health to the Monson Water & Sewer Department Belmont Avenue and Highway Department 337 Silver Street.
6. Copy of a plan from Jeff Kuselias showing the sediment barrier and change of driveway location for Lot 46 Heritage Lane
7. Letter from Diana Batch Country Club Drive regarding the project on Palmer Road owned by Ted Bukowski.
The Commission reviewed the letter but do not believe that this is in its jurisdiction. Leslie Duthie stated she would reply to Ms. Batch.
8. Various building permits.
9. Copies of beaver permits issued by the Board of Health to Monson Highway Dept. for Bunyan Road Bridge and Hospital Road.
10. Mass Wildlife News
11. MACC
12. Source water plan.
11:15 Leslie Duthie moved to approve the minutes of April 12, 2006.
Jim Zieger seconded the motion.
It was so voted unanimous.
Glenn Colburn received a call from David Koziol Lakeshore Drive. They are putting the flashboards back in the dam this week and will send a letter withdrawing the Notice of Intent for the culvert.
Leslie Duthie received a call regarding a possible violation on Pulpit Rock Road.
The Commission set site visits for May 16, 2006 starting at 5:00 P.M. at 142 Stafford Road, Peter Walsh, Munn Road, Jeff Roberts, Silver Street, Mr. Kiernan and Hospital Road.
11:25 Glenn Colburn moved to adjourn.
Leslie Duthie 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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