MINUTES CONSERVATION COMMISSION
MAY 24, 2006
MEMBERS PRESENT: Leslie Duthie, Glenn Colburn, and Donald Lambert
Jim Zieger arrived at 8:40 P.M.
ALSO PRESENT: Tom Faulkner
7:00 Palmer Road, Ted Bukowski. Stan Tenerowicz, Sweetbay Environmental contacted the Commission regarding the removal of sediment and restoration of the wetlands on Palmer Road. An attempt was made to flag the sediment plume but abandoned because the area is still too wet. As soon as conditions allow the area will be flagged and a plan presented to the Commission.
The Commission stated it understood the problem and was willing to work with Mr. Bukowski and his consultant. The Commission noted the haybales around the catch basin at the bottom of Country Club Drive need attention.
7:15 MAIL
1. RFD Northtree LLC Lot 14 Old Reed Road.
2. Copy of the vegetation management plan for New England Central Railroad right of way.
7:20 Lot 1 Carpenter Road. Jerry Gates met informally with the Commission to discuss Lot 1 Carpenter Road. Mr. Gates stated the Commission has an open Notice of Intent on the lot filed by Edward Strycharz a prospective buyer of the property. Following a review by Natural Heritage it was found that this is prime turtle habitat and construction on the property will result in a “taking”. The property owner McCray Realty has taken over the project and on the advice of Misty Ann Merrill at Natural Heritage hired a wildlife consultant to make a study of the land. Al Richmond has completed the study and NHESP has completed its review. The comments from NHESP prompted the informal discussion with the Commission. The lots have been reduced in size but still comply with the Monson
zoning regulations. NHESP requires a Deed Restriction on Lots 1, 2 and 3 and a Conservation Restriction on the remaining land that still has frontage on Carpenter Road. Jerry Gates stated in order to put this in motion they must prepare a plan and submit it to the Monson Planning Board to reconfigure the lot lines. There has been a problem finding a land trust to hold the Conservation Restriction. The restriction is too small for the Trustees of Reservations and Opacum Land Trust does not have the funds that will be required to maintain and walk the property once a year as required by NHESP. It is possible that the property owner would have to set up a trust to maintain the property.
Leslie Duthie questioned who was responsible for overseeing the maintenance plan?
Jerry Gates stated the property owner and whoever holds the Conservation Restriction. Misty Ann Merrill is not too concerned with finding a trust to hold the Conservation Restriction but the property owner prefers a local entity.
Glenn Colburn stated the Conservation Commission is agreeable as far as the building lots are concerned and would defer to NHESP in all other matters.
Jerry Gates questioned if the Commission would allow them to file an amended NOI for Lot 1 Carpenter Road because NHESP wanted the location of the house changed?
Glenn Colburn stated he believed that was the most logical way to handle it. File an amendment to the NOI filed by Mr. Strycharz.
The Commission discussed the possibility of Opacum Land Trust holding the Conservation Restriction.
Jerry Gates stated Al Richmond talked to them but did not believe they were interested.
The Commission stated they believed with clarification regarding an easement drawn on the plan to allow access to maintain the property and funding Opacum Land may agree to hold the restriction.
8:05 RFD 142 Stafford Road Peter & Diane Walsh.
The request before the Commission is for Request for work associated with the removal of debris in and around the river and stabilize the riverbank with seed and loam.
Diana Walsh stated Donald Frydryk, Sherman & Woods has been to the site and is going to survey the property and come up with a footprint for construction of a new home. The embankment is eroding and to help control the erosion Mr. Frydryk suggested placing large rocks and stone.
Leslie Duthie stated the request before the Commission is only for cleaning up the debris and revegetating the riverbank on the street side of the property.
Glenn Colburn questioned the type of seed mix the applicant proposes to use?
Ms. Walsh stated they intend to use a wetland mix and wildflower mix. She questioned if there would be a problem planting small fruit trees?
Leslie Duthie stated it would be a problem because fruit trees do not do well by rivers. The wetland mix will improve the area in a short period of time, blueberry bushes would do well and also pussy willow. Ms. Duthie stated the Commission strongly emphasizes using only native species and no invasive species such as burning bush.
Ms. Walsh stated she has planted a burning bush.
Leslie Duthie stated burning bush is an invasive species and the river will carry the seeds as they drop and it will spread rapidly.
Glenn Colburn stated when the applicant is thinking about the long term redevelopment of this lot it should be kept in mind that the Commission will want to see permanent buffer zones established.
Leslie Duthie moved to give a negative determination for work that is in the buffer zone as described in the regulations but will not alter an area subject to protection under the act. The Commission added the condition that the applicant must follow the plan submitted to the Commission on 5/24/2006 and use native plant material or a conservation mix. An erosion control mat or jute netting must be used on the seeded area. The work includes the addition of large size rocks to stabilize the banks.
Glenn Colburn seconded the motion.
It was so voted unanimous.
Leslie Duthie moved to give a positive determination for the area described stating the resource area boundaries are not confirmed by this determination and any filling, dredging or alteration of the area requires the filing of a Notice of Intent.
Glenn Colburn seconded the motion.
It was so voted unanimous.
8:34 Munn Road Certificate of Compliance. Jeffrey Roberts submitted a request for a Certificate of Compliance. Leslie Duthie made a site visit Tuesday May 16, 2006 because she had questions about the back line Mr. Roberts was asked to meet with the Commission. She stated she could not find one of the permanent bounds and another was loose and looked as though it was coming out. There were also stones on the wetland side of the silt fence that must be removed.
Glenn Colburn moved to table the request for a certificate of compliance to give Mr. Roberts the opportunity to address the issues raised by the Commission.
Donald Lambert seconded the motion.
It was so voted unanimous.
Leslie Duthie excused herself to avoid the appearance of a conflict.
8:40 NOI Lot No 41 Carpenter Road Paradise Builders. DEP 228-280
Mike Petras was present representing Paradise Builders. He stated the intent of the applicant is to construct a single family home that is serviced by Town water and sewer. The property slopes to the northwest and the slope of the land and erosion controls of silt fence with haybales will protect the identified wetlands. The applicant filed with the Natural Heritage and Endangered Species Program. Natural Heritage responded that the project as described does not result in a “take” but any change to the plan would require a subsequent filing with NHESP.
Glenn Colburn stated the silt fence is also the work limit line and he would like to see permanent bounds at various points along that line.
Mike Petras stated the applicant would agree to that and suggested lolly columns because they are easily picked up with a metal detector.
Glenn Colburn questioned if road run off affected the site?
Mike Petras stated he observed a channel by the abutter’s driveway that appeared to be drainage from the road. The proposed house has been designed with a walk out basement to avoid significant changes to the back of the property.
Leslie Duthie stated speaking as an abutter to the property she would agree there is evidence of drainage going through the abutters driveway, there is also a paved swale where water runs. She stated part of the road washed out during the floods in October of 2005.
Glenn Colburn stated he would like to see the silt fence continued along the road property line to prevent any run off from the road coming onto the lot. He felt it was better to take a proactive approach and completely enclose the site to prevent turtle migration onto the site during construction.
Glenn Colburn moved to close the hearing and issue an Order of Conditions. Special Conditions to include permanent markers, complete enclosure of the site with a silt fence that could be adjusted to meet the conditions on site and an anti tracking.
Donald Lambert seconded the motion.
It was so voted unanimous.
Jim Zieger left the meeting at 9:05 P.M.
Leslie Duthie returned.
9:10 MAIL continued.
3 Copy of the MESA filing for 45 McCray Circle.
4 Letter from TEC Associates CSX yearly vegetation management.
5 Pioneer Environmental submitted a revised plan on behalf of Jerry Talbot Lots 2A & 2B Bumstead Road that contains a note that Wetland line X has not been confirmed by the Conservation Commission and relocates some wetland flags as agreed with the Commission. The date of the revision is 5/11/2006.
6 Cedar Swamp Road Tom Brown. Mr. Brown sent the Commission an update on the work associated with his driveway. The last utility pole has been installed along the driveway and Richard Skinner is working to remove some ledge.
7 Copy of Land and People.
8 Various Building permits.
9 PVPC self help program update.
10 Wood Hill Road Springfield Sportsman’s, Sand Hill Road, Stephen Mushenko and Butler Road Thomas Smith received Determinations of Applicability. Lot A Carpenter Road, Quabbin Properties received its Order of Conditions.
11 Additional copies of Hospital Road plan.
Glenn Colburn stated he checked property at 139 Silver Street owned by Keith Kiernan in response to a request for a Certificate of Compliance but the permanent bounds must be repaired. He moved to table the request from Keith Kiernan 139 Silver Street for a Certificate of Compliance to allow the property owner time to address the issues raised by the Commission.
Donald Lambert seconded the motion.
It was so voted unanimous.
The Commission signed the Order of Resource Delineation for Northtree LLC Beebe Road /Old Reed Road.
9:30 Crow Hill Road Sean Finnegan. The Commission signed the extension for the Order of Conditions but will include a letter because sections of the silt fence need to be repaired.
Leslie Duthie moved to accept the minutes of May 10, 2006.
Glenn Colburn seconded the motion.
It was so voted unanimous.
The Commission set site visits for June 5, 2006 starting at Lot 14 Old Reed Road and then Town Farm Road Richard Bingle.
9:50 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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