MONSON CONSERVATION COMMISSION
AUGUST 16, 2006
MEMBERS PRESENT: Leslie Duthie, Jim Zieger & Glenn Colburn
MEMBERS ABSENT: Davis Johnson & Donald Lambert
7:10 Hovey Road, Raymond Miller and Robert Calkins. Mr. Miller met with the Commission in response to a letter he received from the Commission regarding work on his property within a wetland or the riparian zone of a perennial stream. He stated he has not installed any drainage pipes and was not aware of any work in wetlands.
Robert Calkins stated they did not install drainage pipes rather they removed old pipes that were put in many years ago.
Mr. Miller stated a relative lived on the property at one time and unknown to him buried parts of motor cycles and other debris.
Glenn Colburn stated there are a lot of wetlands in the area near the park and a stream that wraps around the hill if there is any question of the presence or absence of wetlands the Commission would be happy to do a site visit.
Leslie Duthie thanked Mr. Miller for responding to the letter and clearing up the misunderstanding.
Mr. Miller stated he believed the Zoning Enforcement Officer misunderstood him with regard to the drainage pipes. He did not mean to give the impression that he was putting pipes in to drain the run off from the hill into the stream. Mr. Miller stated there is no skunk cabbage in the area.
Glenn Colburn stated many things determine wetlands in addition to skunk cabbage different types of ferns and trees are wetland indicators.
Robert Calkins stated they were trying to reclaim a piece of unused property and would like to go back 50 to 100 feet and remove the gravel.
7:20 Palmer Road. The Commission received a letter from Stanley Tenerowicz Sweet Bay Environmental detailing the construction sequence for restoration of the wetland impacted by run off from the construction project owned by Bukowski Construction. The sediment covers approximately half an acre and 50% of that area is dominated by invasive species. The plan is to divert the stormwater while the sediment and invasive species are removed. It is hoped that the work will be completed by the end of September.
Leslie Duthie and Glenn Colburn expressed concern with the continued erosion from Mr. Bukowski’s construction site and felt that it would be beneficial to meet Mr. Bukowski on site to review his erosion control measures. Leslie Duthie stated she would call Mr. Bukowski to set up a site visit.
7:30 RFD 146 Bumstead Road William & Wendy Skillman. Leslie Duthie stated this was a simple project the only excavation was for a pad for the barn. The need for a silt fence was discussed at the site and the preferred location to protect the wetlands from any run off.
Wendy Skillman stated the silt fence has been installed.
Glenn Colburn agreed it was a straightforward project and with the conditions that any extra soils were distributed outside the buffer zone area and the silt fence left in place until the soils were stable he moved to give it a negative determination.
Leslie Duthie seconded the motion.
It was so voted unanimous.
7:45 RFD 98 Stebbins Road Peter Danio. The applicant proposes an addition to his existing home. There is a large vernal pool on the property and a silt fence is shown on the plan.
Leslie Duthie questioned where the excavated material was going?
Peter Danio stated he wanted to use any excess material to grade off at the front of the house.
Glenn Colburn stated he did not see a problem with that because the vernal pool was on the other side of the house.
Leslie Duthie stated the silt should completely enclose the vernal pool.
Jim Zieger stated this was a rocky area and he believed it would be difficult to install a silt fence properly. He suggested using pillows.
Peter Danio questioned if he could use haybales?
Leslie Duthie stated the applicant could use a combination of silt fence, haybales and aggregate tubes along the entire work area. She stated her concerns that the work should be completed by early March because that is when the migrating species become active.
Glenn Colburn stated the erosion control should hug the edge of the work leaving enough room for the equipment to work. He agreed with Leslie Duthie that it was important to get the silt fence down or at least parts of it by the end of February beginning of March.
Leslie Duthie stated if there was any delay of the work Mr. Danio should call the Commission.
Leslie Duthie moved to give a negative determination for work in the buffer that would not alter or dredge an area subject to jurisdiction with the conditions that a silt fence, haybales or aggregate tubes be installed along the entire work limit line and all work is to be completed by late February early March so that the Commission can approve removal of silt fence.
Jim Zieger seconded the motion.
It was so voted unanimous.
Peter Danio stated the worse case scenario if the excavation is not completed he would contact the Commission.
Leslie Duthie excused herself to avoid the appearance of a conflict.
Jerry Gates stated he welcomed input from Leslie Duthie despite her conflict of interest as an abutter.
8:00 Carpenter Road, McCray Property. Jerry Gates representing the property owners, Misty Ann Marold, M.S. and Beverly M. Vucson Assistant General Counsel NHESP were present to discuss what role the Commission was willing to assume with regard to the Conservation Restriction on the approximately 17 acre parcel on Carpenter Road.
Ms. Marold stated she was present to help in a very limited way the negotiation of the Conservation Restriction and who was going to hold that restriction. Mr. Gates has approached the Trustees of Reservations but they are typically involved in much larger parcels of land. She questioned what role the Commission was willing to take?
Glenn Colburn stated typically the land the Commission works with can be used for public use and this property does not have public benefit potential.
Leslie Duthie stated Opacum Land Trust had concerns regarding the maintenance of the boundaries and the access for maintenance being the driveway for Lot 1.
Glenn Colburn stated it would be difficult for Conservation Commissioners to maintain boundaries between personal property and habitat. The Commissioners are volunteers and administering a Conservation Restriction that requires mowing maybe too much for a volunteer Commission.
Ms. Marold stated in many cases the property owner creates an endowment fund designed to fund the cost of hiring someone to mow and check the boundaries once a year. The group responsible for maintenance negotiates with the property owner. Ms. Marold stated there are values other than recreational. If the Commission held the Conservation Restriction and an endowment fund were to be created it could hire a contractor to go out once a year. The benefit to the Town is that there is the potential to shift lot lines to create public access but still retain the right to use the driveway for Lot 1 when it is necessary to get larger pieces of equipment in.
Glenn Colburn questioned which would be better for the Town to hold the Deed restriction or the Conservation Restriction?
Ms. Marold stated the same entity could not hold the fee interest and restriction. She stated her recommendation would be for the Commission to hold the Conservation Restriction. The property owner McCray Realty has talked about setting up a charitable trust. The Commission would hold the development rights through the Conservation Restriction.
Glenn Colburn stated he understood that a deed restriction expired was that true of a conservation restriction?
Ms. Marold stated Article 97 ties up the property for 30 years but a Conservation Restriction goes on in perpetuity.
Jim Zieger questioned what was meant by fee interest?
Beverly Vucson stated it is ownership of a piece of land without owning all of the rights to the land. A conservation restriction divides the rights of a certain parcel of land.
Glenn Colburn questioned who would write the Conservation Restriction because that would involve an expense?
Ms. Marold stated there is a conservation template with standard information on it developed by EOEA and it has been modified to suit rare species issues. It can be further modified to suit the Town.
Glenn Colburn stated if the Commission were to accept the Conservation Restriction it would need help with the maintenance details.
Jerry Gates stated it was suggested that the nesting area be cleared annually.
Leslie Duthie stated it must be 10 years since there were any animals or maintenance of the meadow done. She questioned if it was really necessary to clear the area every year?
Ms. Marold stated it would have to be inspected annually and typically mowed every year. All of the large trees would have to be removed from the nesting area and a large area cleared, made sandy and planted with blue stem. Every 10 to 15 years a brush hog should be used on it. Permanent signage would be needed typically every 100 feet or on the corners.
Jim Zieger questioned if NHESP would be involved with negotiating the funding?
Ms. Marold stated they normally do not negotiate the funding that would be between the holder of the conservation restriction and property owner. The Town would have to set up an account specifically for this property.
Glenn Colburn stated the Commission would have to talk to the Town Accountant about an escrow account.
Ms. Vucson stated escrow accounts are used on a short-term basis the Town should look at something for the long term.
Glenn Colburn stated if the Commission was to hold the Conservation Restriction on the property a separate restricted account or charitable trust would have to be set up for the maintenance.
Jerry Gates stated there has been some discussion with Mr. McCray regarding a charitable trust.
Ms. Vucson suggested the Commission consult with Town Council.
Ms. Marold stated there would also be a deed restriction on the individual building lots. The Commission could negotiate what the annual report of the property should include, check boundaries, check and resolution for encroachment and every 5 years have someone like Alan Richmond come in and check the nesting area. Ms. Marold stated even though this is not a large piece of property it was valuable habitat for the eastern box turtle and she felt very strongly that it should be protected.
Leslie Duthie stated she would ask the Commission to include that no ATV or dirt bikes be allowed on the property.
Glenn Colburn stated two Commissioners were absent from the meeting and he would defer any decision until all the Commissioners were present.
Leslie Duthie stated Opacum Land Trusts number one objection was it did not want to see development of building lots take precedent over species habitat.
Ms. Marold stated this project is consistent in what is under Mr. McCray’s control.
Leslie Duthie stated that is key. The property across the street was probably habitat but now it is developed. She stated she did not want Mr. Gates to think she did not appreciate the amount of time and work involved in this project.
The Commission kept the draft plan to discuss with the rest of the Commissioners and will also speak with Town Counsel and Opacum Land Trust.
9:15 Bunyan Road Ken Gagne. Mr. Gagne met with the Commission to discuss his property on Bunyan Road. He stated he owns 40 acres on Bunyan Road above the Town well. The land is in Chapter 61A and his goal is to maintain the property in a woodland state. He has established a hiking trail that he plows in the winter. Mr. Gagne stated he has become involved with the WHIP Program and someone from the program is going to visit his property to advise on the elimination of invasive species. He stated he wanted to clear approximately 3 aces to re-plant it with high bush blueberries to encourage wildlife to the property.
Leslie Duthie stated she has had experience with invasive species control and would be happy to provide that information. The question is does Mr. Gagne need to file to do the clearing?
Glenn Colburn stated he believed there was an exemption in the regulations for wildlife maintenance but would check and let the Commission know.
Leslie Duthie stated it would have to be clear that what is proposed is habitat enhancement.
9:40 MAIL
1. Letter from Gary Weiner Ecotec Environmental re: Palmer Road.
2. Letter of intent to remove approximately 34 acres from Chapter land on East Hill Road, owned by Westview Farms.
Glenn Colburn stated the purchase price of $330,000.00 is well beyond anything the Town could afford and moved to recommend to the Board of Selectmen that the Town not exercise its right of first refusal.
Leslie Duthie seconded the motion.
It was so voted unanimous.
3. Wildlife News.
4. Forest Cutting plan Wood Hill Road, Sportsmans Club.
5. Cedarhurst Drive, Mr. Dane and Hovey Road, Raymond Miller received certified letters from the Commission.
6. Various building permits.
Leslie Duthie stated she checked a building site on 22 Betty Jean Drive for an addition and deck. It is wet at the back of the lot and looks to be about 50 feet from the proposed deck. Ms. Duthie stated the property owner did not know what was happening with the fill excavated from the property and so she asked her to file a Request for Determination. Ms. Duthie stated she also checked out Lots 9, 10 & 11 on Macomber Road and found that fill was being piled on the property and a bulldozer had been used. The Commission issued a positive determination for the lots on Macomber Road and asked the property owner to file a Notice of Intent. In light of that Mr. Cortina was told to stop all work and file with the Commission.
10:05 Leslie Duthie moved to accept the minutes of August 2, 2006 as presented.
Glenn Colburn seconded the motion.
It was so voted unanimous.
Site visits to Palmer Road, Ted Bukowski and Hovey Road, Raymond Mill were set for August 23, 2006 starting at 5:00 P.M.
10:10 Jim Zieger moved to adjourn.
Glenn Colburn seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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