MONSON CONSERVATION COMMISSION
MINUTES SEPTEMBER 27, 2006
MEMBERS PRESENT: Leslie Duthie, Glenn Colburn, Donald Lambert, Tom Faulkner, and Davis Johnson,
MEMBERS ABSENT: Jim Zieger
Tom Faulkner has been appointed to the Monson Conservation Commission by the Monson Board of Selectmen, as he has not yet been sworn in by the Town Clerk he will be ineligible to vote on applications before the Commission at this meeting.
7:10 MAIL
1. Copies of the brochure Do you know what’s new in the wetland regulations.
2. Notice from Raymond Miller Hovey Road of his intent to take land out of Chapter 41A to sell for building purposes for the purchase price of $10,000.00.
The Commission voted unanimously to recommend that the Town not exercise its right of first refusal.
3. DEP file number for the NOI filed by Monson Water & Sewer Department file #228-0286.
Leslie Duthie stated she delivered a copy of the letter from the Commission to Craig Jalbert regarding the NOI for sewer line work on Mill Street and Margaret Street. The Commission made it known in the letter its preference for stream continuity.
4. Copy of Mass Wildlife.
5. Various building permits.
7:26 Glenn Colburn moved to approve the minutes of September 13, 2006 with corrections.
Leslie Duthie seconded the motion.
It was so voted unanimous.
7:30 NOI 146 Stafford Road, Peter & Diane Walsh. Donald Frydryk, Sherman & Frydryk submitted a revised plan with a letter detailing the changes. The proposed work on the southerly side of the temporary culvert has been removed from the plan and permanent work limit markers added.
Diane Walsh questioned if trees could be used as permanent markers.
Leslie Duthie stated trees could be cut down the Commission wants something more permanent like a lolly column.
Donald Frydryk stated a note has been added to the plan stating the excess material is to be removed from site. A narrative was also added with regard to the mitigation area.
Leslie Duthie stated she believed both sweetfern and mountain laurel would do well. She questioned why there was a break in the erosion control fence?
Donald Frydryk stated he took it up to the headwall to allow continued access.
Diane Walsh stated there is a culvert on Stafford Road (RT #32) that is not working properly. Mass Highway has been notified but nothing has been done yet.
Leslie Duthie stated before any disturbance of material on the property starts haybales must be staked in and set across the existing temporary culvert to protect the stream from erosion. Access is easily gained across the culvert by stepping over the haybales.
Glenn Colburn stated the more he thought about this situation the more concerns he has with the culvert. The understanding of the Commission was that the culvert was installed as a temporary measure to remove the existing home. Now that a new septic system and well are proposed for a new home that is to be constructed in a completely different area on the lot there is no need for the culvert to be there. By issuing an Order of Conditions for the work to build a new home could it be construed the Commission is giving unspoken agreement that this is a permanent culvert? Once the house is built the property owner’s money is going to be tied up in the home and there will be nothing left to remove the temporary culvert. Additionally the question still remains was the culvert designed
at a temporary or permanent culvert?
Diane Walsh stated it was designed by Caffarelli to handle the flow.
Glenn Colburn stated that does not necessarily make it a permanent culvert. Was it designed as a permanent culvert?
Leslie Duthie stated the culvert does not meet the DEP regulations for a stream crossing because it does not have a natural stream bottom.
Glenn Colburn stated with heavy equipment on the property digging out the foundation for the new home it would be the perfect opportunity to remove the culvert and restore the banks.
Leslie Duthie stated she agreed with Glenn Colburn that this was a temporary structure that could easily be removed at the same time equipment is on the property for construction of the home. There would not be a big increase in the amount of work necessary to stabilize the bank once the culvert was out.
Diane Walsh stated she disagreed and wanted the culvert to remain. She stated the culvert was installed with the understanding it was a driveway for the new home. Things have changed and the house is to be constructed in a different location but that is no reason to remove the culvert it would be more disturbance to the stream.
Davis Johnson questioned if the engineers advised Mr. & Mrs. Walsh to build over there.
Diane Walsh stated it was their intent to build over there but that has changed. She stated removing the culvert was not her first priority. The first priority was building the home.
Glenn Colburn stated he agreed removing the culvert would do temporary damage but long term there would be no permanent harm in fact it would be better to remove the culvert.
Diane Walsh questioned what would happen to the boulders that are in the stream?
Glenn Colburn stated they could remain as long as the middle one is moved as discussed in the previous meeting.
Diane Walsh stated there were fifty-eight concrete blocks in the culvert structure and it was constructed to last.
Glenn Colburn questioned if the Commission wanted to work into the Order of Conditions that by a certain date it must receive documentation that this is a permanent culvert or the culvert must be removed?
Diane Walsh stated Fuss & O’Neil have made an inspection of the property and would be reporting directly to DCR. To date she has not received a copy of the report.
Leslie Duthie moved to close the hearing and issue an Order of Conditions that includes a condition regarding the temporary/permanent status of the culvert and if it is a temporary structure it must be removed.
Diane Walsh questioned bottom line would it hold up construction of house?
Glenn Colburn stated he was reluctant to close the hearing without having anything on record regarding the status of the culvert from DCR, Bob Cafarelli or DEP, however he would in the spirit of cooperation between the Commission and Mr. & Mrs. Walsh second the motion.
It was so voted unanimous.
8:10 NOI Macomber Road Leo Cortina Quarry Hill Lots 9, 10 & 11A.
Donald Frydryk, Sherman & Frydryk was present representing the applicant Leo Cortina. He stated the Notice of Intent is for the construction of three single-family homes that fall within the 100-foot buffer zone of an intermittent stream located on the southerly side of Macomber Road. The houses would be built up with walk out basements. Fill would be placed on the front portion of the lots. Erosion controls would be placed along the front of the lots split by the driveway access for each house. No work is proposed directly in wetlands and DEP has issued a file number DEP 228-0290. DEP requested addition information regarding the amount of disturbance in the buffer zone. The amount of disturbance is 36,000 square feet and that information has been sent to DEP.
Leslie Duthie questioned the stormwater management policy?
Donald Frydryk that does not apply to single family homes.
Glenn Colburn stated it would apply to a residential sub-division.
Donald Frydryk agreed that it would and when Mr. Cortina files for the sub-division that information would be included.
Glenn Colburn questioned if this was an appropriate filing, why not the complete sub-division?
Donald Frydryk stated this filing is only for three lots on Macomber Road.
Glenn Colburn questioned the direction of drainage from the lots and if this was to be gravity feed to the sewer line?
Donald Frydryk stated the drainage would sheet flow to the back of the lots away from Macomber Road.
Glenn Colburn questioned what would happen to the drainage when the land is further sub-divided?
Donald Frydryk stated they would have to catch the flow for the back lots. He stated there is a high groundwater table so fill has to be brought in to raise the homes and keep the cellars dry.
Davis Johnson questioned if it would be more prudent for the Commission to have the full plan before making a decision.
Donald Frydryk stated the frontage lots are not considered part of sub-division.
Leslie Duthie stated Mr. Cortina and James & John Arooth are working together on the project so it will still be their responsibility to take care of drainage.
Glenn Colburn stated Macomber Road does not have a good crown on it and it not really wide enough for two cars what happens to the road when the sub-division is built?
Donald Frydryk stated when they laid out the ANR lots on Macomber Road they kept a reserve strip and that would be used to widen Macomber Road to 24 feet.
Rosemary Taft 3 Macomber Road stated she was at the Planning Board meeting and John Morrell made it very plain that not a drop of run off should go on Macomber Road or Upper Palmer Road.
Donald Frydryk stated that was from the sub-division Mr. Morrell was not talking about these lots.
Rosemary Taft stated she would like clarification on that from Planning Board. The high water table affects these frontage lots as well as the proposed future sub-division. The applicant plans to bring in fill for these lots that is going to affect the homes already on Macomber Road. All of the homes there have a problem with water in the cellar and have sump pumps going.
Glenn Colburn stated it would appear that groundwater is the problem the cellars are wet year round and not just when there is a hard rain.
Gaylin Bingle 7 Macomber Road stated she has two sump pumps in her cellar that run year round. Property owners have to have a generator for emergencies otherwise when they lose power the cellars flood.
Leo Cortina stated they dug a hole 9 feet in depth and there was no water in it.
Leslie Duthie stated the Commission has discussed the high ground water in this area before and assumes the land is to be filled and the homes raised so cellars will not be wet.
Nancy Klisiewicz, Macomber Road agreed with Ms. Bingle stating she also has a sump pump that runs constantly. This does not affect just a couple of the homes but all of the existing homes on Macomber Road.
Leo Cortina stated when those homes were constructed the foundation drainage was not done correctly.
Donald Frydryk stated the run off from these lots is not going onto the paved surface and grading is matched at the wall not at pavement because of the future widening of the road.
Glenn Colburn stated he would like to see the erosion control extended along the property line into the field because of the downhill slope.
Leo Cortina stated he would be doing the grading for the lots and it would be done at one time to ensure continuity.
Glenn Colburn stated the Order of Conditions would require maintenance of the silt fence and anti tracking pads.
Leslie Duthie made a motion to close the hearing and issue an Order of Conditions for lots 9, 10 & 11A Macomber Road.
Glenn Colburn seconded the motion.
It was so voted unanimous.
Leslie Duthie stated the Commission would pass along the concerns of the abutters to the Planning Board that the three lots will be filled in the front but the grading will be to the back of the property.
9:30 Leslie Duthie stated the Commission received a request from Lycott Environmental to do a drawdown at Stagecoach Lake. The Commission made a site visit in order to have a better understanding of the condition of the lake.
Davis Johnson stated it looked pretty clean except for the area around the culvert.
Leslie Duthie agreed stating there were pond lilies and bladderwort around the culvert. She stated the last two drawdowns have not had the expected results and she was reluctant to go for a third attempt this year especially as the lake was in pretty good shape.
Donald Lambert stated the weather has been so erratic the last couple of years November and early December has not had sustained freezing temperatures long enough to make the drawdown successful.
Glenn Colburn agreed that the lake looked clean other than the sheltered cove. He proposed holding off on a drawdown for this year but would be willing to look at this issue again in a year.
Davis Johnson questioned which was the lesser of two evils to allow a drawdown and prohibit chemicals or visa versa.
Glenn Colburn stated of the list of plants provided only one plant would be affected by drawdown the other dozen or see need chemical treatment. Glenn Colburn made a motion to deny a drawdown of the lake for this year and review it again in a year.
Davis Johnson seconded the motion.
It was so voted unanimous.
9:45 95 Stebbins Road. The Commission made a site visit for the issuance of a Certificate of Compliance. The plan submitted with the NOI does not accurately reflect the site conditions existing now therefore an “As Built” plan is required. The rocks used as boundary markers are not adequate.
Leslie Duthie made a motion to accept a donation of land from the Monson Historical Society on Town Farm Road. The land abuts the Carpenter property and although it has no frontage it has value as wildlife habitat.
Davis Johnson seconded the motion.
It was so voted unanimous.
Leslie Duthie stated there were still a couple of loose ends with regard to NHESP and the property on Carpenter Road particularly how to deal with boundary violations. She stated she would contact Al Richmond, and also speak with Gretchen Neggers regarding the Town Meeting.
Donald Lambert stated he check a lot on Ayers Road and felt the resource boundaries should be marked. The Commission stated the property owners should file a notice of area resource delineation.
9:55 Leslie Duthie moved to adjourn.
Glenn Colburn seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
Clerk
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