MONSON CONSERVATION COMMISSION
MINUTES JULY 5, 2006
MEMBERS PRESENT: Leslie Duthie, Glenn Colburn, Donald Lambert, Jim Zieger and Davis Johnson
ALSO PRESENT: Thomas Faulkner
The Commission welcomed back Davis Johnson to the Conservation Commission but noted although he has been appointed by the Selectmen he is unable to vote on any issue before the Commission until he has been sworn in by the Town Clerk.
7:05 NOI Hospital Road present were Stanley Elkerton and William Finn.
William Finn stated since they last met with the Commission the plan to correct the drainage problems has changed significantly resulting in a 95% reduction in wetland restoration.
Stanley Elkerton stated the new plan proposes eliminating the closed drainage system and instead use a localized closed drainage system near bridge and a country drainage basin system along the side of the road. The discharge will flow into the current discharge location and the addition of culverts under the existing driveways and catch basins would direct the flow.
Leslie Duthie stated it appeared as if the plan would help alleviate the flooding on the side of the road by the bridge.
Stanley Elkerton stated a series of catch basins near the bridge would pick up and collect the flow and drain toward a culvert further to the east.
Glenn Colburn questioned if these were deep sump catch basins?
Stanley Elkerton stated yes. The road slopes toward the golf course, the flow would be collected there and discharged further down.
Leslie Duthie questioned if that was where currently the stone lined swale is located?
William Finn stated yes.
Stanley Elkerton stated the north side of the road would drain as it always has. The drainage on the south side had nowhere to go and this plan addresses that with a series of catch basins. Mr. Elkerton stated the plan before the Commission compares with what has been built so far, now with a localized closed system and country drainage the impact to the road elevation is much less. The manholes already installed would be abandoned. He stated they might pull out the pipe and fill in. Looking at the comparison road elevations the road is pretty much as it was bid. East of the golf course entrance is the maximum separation of what was bid and what is proposed now. The road grade then comes back down to match the plan as it was bid. There is a 107 square feet of
impact to Wetland Area B. Mr. Elkerton stated he had spoken with the Golf Course owner to inform him of the impact to his property and he had no problems.
William Finn stated the rock lined swale area would be restored and at the finish of the project would be the same as it was before any work was started on the road. He stated the plans have not yet been submitted to Natural Heritage and Endangered Species Program or the Department of Environmental Protect. The idea is to have the Town comment and approve the plans before sending them off to NHESP and DEP.
Stanley Elkerton stated John Morrell and Craig Jalbert are aware of the revised plans and Mr. Jalbert understands the advantages of this approach.
Leslie Duthie stated the Commission would not close the hearing until it received comments from Mr. Morrell, Mr. Jalbert, DEP and NHESP. Ms. Duthie questioned if calculations were available for the additional drainage that was being added to the golf course area?
Stanley Elkerton stated he did not have them with him but would provide the Commission with copies.
Leslie Duthie questioned where the drainage along the south side of the road was ending up?
Stanley Elkerton stated in the swale along the edge of the road.
Leslie Duthie questioned if she was correct in saying that it ends up in the river?
Stanley Elkerton stated no more than would have under the original proposal. Now the water has a chance to infiltrate before it reaches the river.
Glenn Colburn questioned if there were any provisions to clean out the suspended solids in the catch basins?
Stanley Elkerton stated when the emergency ditch is restored to what it was a lot of the flow would pass through the grassy swale.
Glenn Colburn stated Monson is no different from other small Towns in that there is never enough money or manpower to clean out all of the catch basins in Town on a regular basis. In order to function as they are designed they must be cleaned regularly, however some type of settling basin may be an idea to catch some of the fines. It would be easier for the Highway Department to clean out in the spring and would catch some of the sediment before it ends up in Chicopee Brook.
Stanley Elkerton stated he would send a sketch of a settling basin along with the calculations.
Leslie Duthie stated it might also be a way of assuring NHESP of long-term water quality.
Leslie Duthie moved to continue the hearing for a response from John Morrell, Highway Superintendent and Craig Jalbert, Water & Sewer Superintendent.
Jim Zieger seconded the motion.
It was so voted unanimous.
7:45 NOI 36 Munn Road Marianne Power. Donald Frydryk Sherman & Frydryk was present representing the applicant. The NOI before the Commission is for a replacement of a septic system for an existing house. The existing leach facility is to be abandoned and the tank pumped of its contents and either removed by a licensed hauler or ruptured and filled in place.
Donald Frydryk stated the BVW on the west side of the house is flagged and the limit of work is 38 feet from the BVW. The plan shows a raised pump system because of high groundwater. NHESP has responded that based on the information provided the project as currently proposed would not adversely affect the actual resource area habitat of state-protected rare wildlife.
The Commission received a file number from DEP 228-0285 with no additional comments.
Glenn Colburn stated the property is flat and with erosion controls in place there should not be any issues. He questioned if soils would be removed?
Donald Frydryk stated the top and sub soil would be removed and Title V material used for the leach field. The topsoil would be reused and the sub soils used on the slopes.
Leslie Duthie stated she believed this was a straightforward project within an existing yard although it was within 38 feet of the wetland line. She moved to close the hearing and issue an Order of Conditions.
Glenn Colburn seconded the motion.
It was so voted unanimous.
7:55 Palmer Road. Christopher Haley and Kevin Haley met informally with the Commission to discuss their project on Palmer Road. Donald Frydryk, Sherman & Frydryk was also present.
Donald Frydryk stated they wanted to meet with the Commission because the spotted turtle has been removed from the States’ rare wildlife protected species list. The Commission has issued an Order of Conditions for the project on Palmer Road and included in the Order is a permanent turtle barrier (required for approval of the project by NHESP) that will cost his clients in excess of $18,000.00. Based on the delisting of the spotted turtle his clients would like to discuss the condition requiring a permanent barrier. Mr. Frydryk stated the temporary barrier has been installed and will stay in place during the construction phase. He questioned if the Order of Conditions could be modified to delete the permanent barrier requirement.
Leslie Duthie stated she was not certain when the official delisting would happen she believed in July.
Glenn Colburn stated NHESP protects individual turtles the Commissions’ job under the Wetlands Protection Act is to protect the habitat. If NHESP does not require a permanent barrier because the spotted turtle has been removed from the State list of endangered species then the Commission would not require it to protect the habitat.
Leslie Duthie stated as long as the applicants agree to maintain a temporary barrier during construction she saw no reason for the installation of a permanent turtle barrier.
Glenn Colburn advised Mr. Frydryk to send a letter to the Commission requesting an amended Order of Conditions when the spotted turtle is officially removed from the State Endangered Species list.
7:55RFD King Lane Diane Tower. The request before the Commission is to pour a cement pad for a prefabricated screen house in the existing lawn area at 6 King Lane.
Leslie Duthie stated she made a site visit and the work is within the existing yard. The disturbance is minimal and the brook is a 132 feet from the proposed cement pad.
Diane Tower stated although her property slopes toward brook there is a set of stone stairs then a flat area and then a gradual slope down to the brook. It is not a direct shot down to the water.
Leslie Duthie stated between the lawn and brook there is an area of natural vegetation shrubs, brambles and milkweed. With a silt fence installed on the resource side of the project to prevent erosion when digging for the cement pad she believed the Commission could give a negative determination.
Leslie Duthie moved to give a negative determination for the work depicted on the plan. The work is subject to the Wetland Protection Act but will not alter, fill or dredge the area.
Glenn Colburn seconded the motion.
It was so voted unanimous.
8:10 RFD Lakeshore Drive Dan Cassidy. The request is for a bath house 18’ x 14’ supported by 16 sonar tubes.
Leslie Duthie stated the Commission made a site visit. The proposed work is very close to the lake. Mr. Cassidy had previously been approved to clear brush from a section of the lakefront and did not clear all of the area he was approved for. The request also includes cutting some trees in the area that was previously approved. Ms. Duthie stated the work is subject to the Wetland Protection Act and she believed it required the filing of a Notice of Intent.
Glenn Colburn concurred stating the project includes clearing lake front area that will result in the loss of habitat in close proximity to the lake. It is not in the existing yard and is very close to the lake. If the Commission allowed this work under a Request for Determination it would have no control over the project.
Leslie Duthie moved to give a positive determination for work subject to protection under the Wetland Protection Act that requires the filing of a Notice of Intent.
Glenn Colburn seconded the motion.
It was so voted unanimous.
8:25 RFD Hancock Road Gary Allard.
Leslie Duthie stated the Commission received an e-mail from Mark Stinson, DEP regarding the filing. He expressed concern that the consultant Michael Mocko checked off everything whether it was applicable or not. He also pointed out that the property is located in core habitat.
Leslie Duthie stated the Commission made a site visit and had questions about the wetland line. The Commission felt the wetland line between flags 2 and 3 should be moved forward 10 feet, wetland flag 11 moved forward 5 feet and wetland flag 12 moved forward 15 feet. Wetland flag 10 was removed to make it a straight line between flags 9 and 11.
Gary Allard questioned if the changes had a direct effect on the siltation fence/work limit line?
Leslie Duthie stated the removal of wetland flag 10 would result in a straight line between flag 9 currently 50 feet from the 200-foot riparian zone of the stream and wetland flag 11. Ms. Duthie stated she was concerned because the area is pristine and the work proposed is tight against the work limit line. The foundation of the house is only 6 to 8 feet from the work limit line. She questioned how the work would be done without crossing the work limit line?
Gary Allard stated the house is setback 52 feet from the property line he could move the house up 2 feet and make the footprint of the house smaller.
Leslie Duthie stated the property slopes sharply to the stream, the construction for the house, garage and septic system is all within the 100 foot buffer zone to BVW. Without the filing of a NOI the Commission has no control over the project and this could be a straight shot down to the wetlands.
Gary Allard stated that is an if and with proper construction techniques there will not be a problem. He stated the house would have a walk out basement with a four-foot frost wall.
Glenn Colburn stated the Commission is not asking anything different of this applicant than any other applicant given the same circumstances.
Leslie Duthie stated she believed it was a doable project but because of the tightness of building envelope, the close proximity to the work limit line and steep slopes a NOI was required.
Jim Zieger stated the Commission does not doubt the applicant’s professionalism and capability to perform the work as proposed but feels the work proposed requires an Order of Conditions.
Leslie Duthie moved to give a positive determination that the area depicted on the plan and maps is an area subject to the jurisdiction of the Wetland Protection Act and any alteration, filling or dredging requires the filing of a Notice of Intent; a positive determination that the boundaries of the resource areas are not confirmed by this determination; a positive determination that the work described will alter an area subject to protection under the act and requires the filing of a NOI. The Town of Monson does not have any municipal wetlands ordinance or bylaw.
Glenn Colburn seconded the motion.
It was so voted unanimous.
8:55 signed bill schedule
Leslie Duthie stated the Commission had set a site visit for Upper Palmer/Macomber Road for July 10, 2006 at 10:30 A.M. and questioned if any other Commissioners would be able to attend?
Jim Zieger stated he was not sure but would check his schedule.
MAIL
1. Report from Trustees of Reservations regarding the Temple Brook Conservation Restriction Monitoring visit attended by Leslie Duthie and Glenn Colburn, Monson Conservation Commission and Tim Silva and Chris Ward, Trustees of Reservations.
2. Letter from James Egger & Crystal Kofke, Silver Street notifying the Town of their intent to remove 2.48 acres from Chapter 61 protection and sell it as a building lot.
Leslie Duthie stated the parcel of land is of no particular interest to the Conservation Commission because it is a small parcel and does not abut any other Conservation land. She moved to notify the Board of Selectmen that the Conservation Commission had no interest in acquiring the property identified as 2.485 acres on Silver Street, owned by James Egger and Crystal Kofke for a purchase price of $89,500.00.
Glenn Colburn seconded the motion.
It was so voted unanimous.
3. Copy of a letter written by the Chip Lapointe to Equestrian Hill Estates LLC. Re: clear cutting of approximately 10 acres of land on Stafford Road.
4. Copy of a letter from DCR to Gerry Gaumond regarding a meeting to discuss violations of a forest cutting plan and operating without the proper licenses on property owned by James & John Arooth Margaret Street.
5. Paradise Lake Association recorded the 3-year extension of its Order of Conditions for vegetation treatment.
6. Northtree LLC, Old Reed Road received its Determination of Applicability.
7. Atty. Stephen Manning, MONAB Trust received the Order of Conditions for Upper Hampden Road. The Commission also received proof the Order of Conditions was recorded at the Registry of Deeds.
8. Notification of vegetation management for the National Grid right of way.
9. Copy of a letter from DEP Robert McCullom to Diana & Peter Walsh dated 6/21/2006 regarding their property on Stafford Road.
10. Letter from the Div. of Fisheries & Wildlife re: Vernal pool on Bumstead Road more information has been requested.
11. Quabbin Properties recorded the Order of Conditions for Lot A Carpenter Road.
12. Copy Mass Wildlife News
13. RFD for a Preliminary Subdivision from Leo Cortina for property owned by James & John Arooth, Upper Palmer Road/Macomber Road.
14. Various building permits.
Glenn Colburn moved to accept the minutes of May 24, 2006 as presented.
Leslie Duthie seconded the motion.
It was so voted unanimous.
Jim Zieger moved to accept the minutes of June 7, 2006.
Leslie Duthie seconded the motion.
It was so voted unanimous.
Leslie Duthie stated she had spoken with Tim McKenna at DEP regarding the problems on Palmer Road, (Rt.32) property owned by Ted Bukowski. They have asked for any pictures the Commission may have.
Glenn Colburn stated there was a problem with Bill Lemons’ site on Thayer Road but as soon as Mr. Lemon was notified he corrected the situation.
10:10 Glenn Colburn moved to adjourn.
Leslie Duthie seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
Cc: BOH, BOS, Building Dept., Highway Dept., Planning Board, Town Clerk & ZBA.
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