MONSON CONSERVATION COMMISSION
MINUTES SEPTEMBER 13, 2006
MEMBERS PRESENT: Glenn Colburn, Jim Zieger, Davis Johnson Leslie Duthie and Donald Lambert.
ALSO PRESENT: Tom Faulkner
7:00 MAIL
1. Map from NHESP showing the priority and estimated endangered and protected species habitats.
2. NOI for Lots 9, 10 & 11 Macomber Road, Leo Cortina.
7:15 RFD 22 Betty Jean Drive Karen Jacobs. The petition before the Commission is for an addition to the side of the existing home and a new deck to be located on the rear of the house. The deck would be closest to the resource area and the disturbance is limited to sona tubes. Leslie Duthie stated they discussed at the site visit using some of the material that is excavated in the front of the home and any extra removed from the site. There would be no impact to the adjacent stream and wetlands.
Leslie Duthie moved to give a negative determination for work within the buffer zone that would not alter an area under the protection of the act with the condition that a silt fence be erected as shown on the plan.
Glenn Colburn seconded the motion.
It was so voted unanimous.
MAIL continued.
3. Request from William Baxter for a Certificate of Compliance for 95 Stebbins Road.
The location of the house was changed slightly but the limit of work was not changed.
The Commission will put it on the list of site visits.
4. Lot 7 Maxwell Road, the Order of Conditions was recorded.
5. Letter from Lycott Environmental re: Stagecoach pond. The letter states the drawdown last December at Stagecoach pond was not successful because the weather was too wet and mild. The lowered water level was maintained until December 14, 2005 but the uplifting of the sediment did not occur because the ground did not freeze. The drawdown did not have a significant affect.
Leslie Duthie stated she spoke with Tibby Chase who is the owner of the upper pond and was informed Lycott Environmental is no longer managing that pond. Ms. Duthie stated when Don Phillips a representative of Stagecoach Lake Association met with the Commission he felt the drawdown was successful and stated that the lake was in good shape.
The Commission felt that it would be a good idea to take a look at Stagecoach Lake before making a determination about another drawdown.
Davis Johnson removed himself to avoid appearance of a conflict.
7:35 ANOI 109 Lakeshore Drive, Dan Cassidy. DEP issued a file number DEP 228-0289 with no comments.
Jim Zieger stated at the site visit there was discussion of taking down the embankment?
Dan Cassidy stated he had changed his mind and was not going to do that. The existing dock would be removed and the natural vegetation allowed to grow.
Glenn Colburn stated there was no significant digging associated with the project the proposed bathhouse would sit on sona tubes. Any excess fill would have to be removed from the buffer zone.
Dan Cassidy stated he did look at plantings but felt it would be less intrusive if once the dock was removed the natural vegetation was allowed to take over.
Leslie Duthie moved to close the hearing and issue an Order of Conditions for the project.
Jim Zieger seconded the motion.
It was so voted unanimous.
Davis Johnson returned.
7:50 NOI Lot 8 Bennett Road, Michael Delisle. DEP issued a file number DEP 228-0287 with no comments. Steven Ribery Bay State Environmental was present with the applicant Michael Delisle. The project before the Commission is for construction of a single family home and associated well and septic system within the buffer zone. The house is close to the road and a minimal back yard is proposed. The existing tree line will not be disturbed. The closest point of work to the wetland is 25 feet.
Leslie Duthie questioned if the grade of the front yard was to be raised?
Steven Ribery stated yes.
Glenn Colburn stated it appeared the front of the property is being raised by 5 feet.
Jim Zieger stated it appeared to him that the house was only approximately 15 feet from wetlands.
Glenn Colburn stated the contours of the work limit line as proposed on the plan would be very difficult to maintain and asked that the line be straightened between wetland flags C 15 and C 19 and C 7 and C 12.
Jim Zieger questioned if it was proposed to fill right up to the work limit line what was proposed for erosion control? With that much fill going in if it rains as it has been doing lately there will be erosion problems.
Leslie Duthie questioned if Mr. Delisle was agreeing to the revised work limit line?
Michael Delisle questioned why the Commission was asking for the line to be revised?
Leslie Duthie stated as proposed the work limit line jogs out in two places that would be difficult to maintain over time. If the work limit line is straightened there will not be any question as to where the no disturbance area is. The Commission would allow the buffer zone to be mowed once every two years to keep the woody growth down. The new home across the street also has a very limited yard but is allowed to mow the buffer zone once every two years to keep the woody growth down.
Glenn Colburn stated permanent markers along the work limit line and a deed notation to alert future owners of the property that although the parcel of land is fairly large the area on the parcel that can be used is limited because of the wetlands would be required by the Commission.
Michael Delisle questioned what the Commission meant by permanent markers?
Leslie Duthie stated lolly columns would be cut and sunk into the ground or very large boulders if they exist on site. The Commission is open to either.
Mr. Ribery was alerted to the possibility that the amount of fill material it is proposed to use on the site may trip the Zoning Bylaw for earth filling and require a special permit from the Zoning Board of Appeals.
Glenn Colburn made a motion to continue for a revised plan.
Leslie Duthie seconded the motion.
It was so voted unanimous.
8:15 NOI Mill Street/Margaret Street Water & Sewer Department. Leslie Duthie stated she met Craig Jalbert on Mill and Margaret Street to discus the crossings. At Margaret Street they discussed installing rip rap in the stream approximately 10 feet upstream of the crossing and 25 feet downstream of the crossing to make a continuous streambed. The sewer lines cross the stream in a cement encasement. Craig Jalbert asked the Commission to put it in writing that it preferred to keep a natural stream bed. At the Mill Street crossing the water is hitting the edge of the encasement and it appears down slope of the encasement has been compromised. Ms. Duthie stated she was thinking of doing the same rip rap there as Margaret Street but there are a lot of large rocks upstream of the
crossing. Mill Street is a much more difficult project because of the steep wooded slope down to the stream. The steep bank is going to make it difficult to get equipment in to do the work.
Don Lambert stated Craig Jalbert put dye through the pipe and believes any movement of the pipe would cause it to break. The water is undercutting the down stream bank and causing erosion because of the bend in the river.
Leslie Duthie stated Craig Jalbert is looking for some direction and guidance from the Commission to take with him when looking for a contractor to do the work.
Glenn Colburn stated there are some large boulders in the stream on Mill Street that could be moved to protect the bank.
Davis Johnson stated it would be difficult to get the equipment in.
Don Lambert stated the rip would have to be heavy enough not to erode away. Margaret Street does not present problems but Mill Street is another matter. The stones for the rip rap on Mill Street must be larger because of the force of the water moving through.
Leslie Duthie moved to continue the hearing.
Davis Johnson seconded the motion.
It was so voted unanimous.
8:30 NOI 142 Stafford Road Peter & Diane Walsh. DEP has issued a file number with comments DEP 228-0288. The project before the Commission is the replacement of a home damaged by floodwater. DEP commented that insufficient information was provided regarding compliance with 310 CMR 10.58(5) and previously degraded areas. They requested area calculations regarding compliance with 310 CMR 10.58 (5) (a) through (e).
Donald Frydryk, Sherman & Frydryk stated he was submitting revised plans based on the comments from DEP. The plan of existing conditions includes 64,500 square feet within the Rivers Protection Act. The existing conditions include degraded areas (those absent of topsoil) currently up to and over the mean annual high water mark. The proposal is to construct a single family home, greenhouse, septic system and well that are no closer to the mean annual high water mark than current conditions. The approximate area of the lot in the Riverfront Area is 64,500 square feet. The approximate degraded area is 14,000 square feet. The percentage of degraded area to Riverfront Area is 21%. The proposed improvements on the lot are located no closer than the existing encroachment in the
Riverfront area. Proposed in the plan is work out of previously degraded areas for the greenhouse and well, because work is proposed in non degraded areas mitigation will be provided. Degraded areas outside of the limit of work will be restored as part of the mitigation plan including bank stabilization and planting with native species.
Glenn Colburn questioned how the plan moved away from the Mean Annual High Water mark?
Donald Frydryk stated they were increasing the distance from the degraded areas.
Davis Johnson questioned if the land was in the 100-year flood plain.
Donald Frydryk stated yes.
Glenn Colburn stated originally there was a dike, when that washed out obviously the flood plain was changed. The 100-year flood plain is not accurate as conditions are now.
Leslie Duthie stated she had a question regarding the culvert that was installed to remove the damaged home. The culvert was designed as a temporary culvert to allow removal of the home but it is now being shown as a permanent crossing.
Diane Walsh stated DEP are not asking for it to be removed. She questioned what makes it a permanent culvert?
Donald Frydryk stated it would have to be engineered as a permanent structure and have specific fill and specific compaction weight.
Jim Zieger stated when the Commissioners went to the property to look at the project they saw two blocks resting directly on top of the pipe. Eventually the pipe will collapse under the weight of the blocks.
Diane Walsh stated the blocks were purposely recessed to prevent cave in and if any slippage occurs they would put in mortar. She stated they would have to build up the area where the house was removed.
Jim Zieger stated this was on the front side of the culvert nearest the road where two blocks have a third sitting on top. The blocks are resting directly on the corrugated pipe.
Leslie Duthie questioned if the work to repair the temporary culvert and to build up the area where the house was removed was proposed in the Notice of Intent?
Donald Frydryk stated it was not.
Diane Walsh stated the contractor they had lined up was out of business.
Glenn Colburn stated a layman could look at the temporary culvert and see that the blocks are sinking into the old streambed. There are going to be problems trying to utilize the temporary culvert to put in another structure on the other side of the stream. As far as the proposed location of the new house, well and septic system at the front of the lot that was a doable project.
Leslie Duthie stated she was concerned about moving forward with any plan showing the temporary culvert as a permanent crossing with new construction in a previously undeveloped area.
Davis Johnson stated he lives on Pulpit Rock Lake and the same storm event that damaged Mr. & Mrs. Walsh’s home washed out a bridge at Pulpit Rock Lake. A bridge was put in to abate the emergency and later removed.
Leslie Duthie questioned why large boulders have been put in the streambed?
Diane Walsh stated they put them in to slow the river down so it would not degrade the culvert anymore.
Leslie Duthie stated the placement of the boulders might block the movement of aquatic species.
Glenn Colburn stated the three boulders straight across the stream create a barrier, the middle boulder must be removed.
Leslie Duthie questioned if the house could be shifted over to allow more space between the house and the mitigation?
Donald Frydryk stated the applicant did not want to step out of the back of the house right into the tree line.
Glenn Colburn stated one of the reasons to move the house over is that with a good flow of water it will chew at the bank over time.
Leslie Duthie questioned if the work limit line was proposed as the permanent limit of work?
Donald Frydryk stated he assumed it would be the permanent limit of work line.
Leslie Duthie stated the Commission would require permanent bounds.
Glenn Colburn questioned if there was a vegetation plan?
Donald Frydryk stated at this point they have chosen the areas but not the plants.
Diane Walsh stated it is a sandy slope and difficult to grow anything.
Leslie Duthie stated it would take some effort to get vegetation established because nothing much will grow in sand. Native shrubs would work better not little plants but something larger so it establishes quicker. When the sand is dug out to plant the shrub put in soil to get root system established.
The Commission felt that the work involving the construction of a home and associated well and septic system should be completely separated from the issue of the culvert and construction of a building in a previously undeveloped area. The issues surrounding the culvert and future development on the property would require a separate filing.
Glenn Colburn moved to continue for another plan that addressed only the construction of the house, septic system and well and included the location of permanent markers identifying the permanent limit of work.
Leslie Duthie stated she wanted to see other things addressed, stockpiling of material, if any more space can be put between the house and mitigation area. She stated she wanted to see a contained plan.
Donald Frydryk stated any excess material would be removed from the site not stockpiled. He questioned how detailed a plan was required for the mitigation.
Leslie Duthie stated the Commission understood it would be a work in progress but wanted a narrative at least and then would look for a plan after that.
Leslie Duthie moved to continue the hearing for two weeks.
Glenn Colburn seconded the motion.
It was so voted unanimous.
Leslie Duthie removed herself to avoid the appearance of a conflict.
9:16 Carpenter Road Jerry Gates met with the Commission for informal discussion regarding the Conservation Restriction on property owned by McCray Realty on Carpenter Road.
Mr. Gates stated this was an informal discussion and he would welcome Leslie Duthie’s input and expertise.
Glenn Colburn stated the Commission received the revised plan showing a pathway to allow access for maintenance. Access would still be allowed through the driveway of Lot 1 with a 30 day written notification to the property owner for maintenance of the nesting area when a larger piece of equipment was needed.
Jerry Gates stated the State has asked to have some of the large pines removed.
Leslie Duthie stated the biologist’s report identified the area as early successional habitat and you don’t get farm to field transition very often.
Jerry Gates questioned who would take the Conservation Restriction and who would hold title to the land?
Leslie Duthie stated the Commission discussed that at its last meeting and voted to accept the land under Article 97 and partner with Monomet Land Trust to hold the trust funds and disperse them for maintenance.
Leslie Duthie stated she spoke with Misty Ann Marold at NHESP to update her and Ms. Marold said the Commission must now negotiate an endowment with the property owner. Additionally there must be discussion as to what would happen to the endowment if in years to come the money were not needed for the maintenance of the property.
Jim Zieger stated he would guess between $10,000 to $20,000 would be needed for the maintenance of the Conservation Restriction. The annual walk through and professional report would be taken care of by the interest.
Leslie Duthie stated if Monomet is willing to hold the money the Commission could seek input from Al Richmond as to the appropriate amount to set aside. It will not be hard to find someone now to do the maintenance but the future is not clear and it may well be someone out of the area.
Jerry Gates stated the NOI that the Commission has continued for Lot 1 Carpenter Road does not include the proposed crossing for maintenance for the nesting area.
Leslie Duthie stated the area is identified on the plan of Lots 1 & 2 Carpenter Road and a construction plan for the crossing would be sufficient.
Glenn Colburn stated Leslie Duthie will contact NHESP and the Commission will wait for Ms. Marold’s comments.
10:10 Leslie Duthie stated last year there was discussion with the Town regarding turning over to the Conservation Commission land that was in tax title but she was not sure if it had been transferred.
The Commission arranged site visits for Stagecoach Lake, Stebbins Road and Macomber Road for September 25, 2007 starting at 5:00 P.M.
10:30 Glenn Colburn moved to adjourn
Leslie Duthie seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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