MONSON CONSERVATION COMMISSION
MINUTES DECEMBER 6, 2006
MEMBERS PRESENT: Tom Faulkner, Leslie Duthie, Glenn Colburn and Donald Lambert.
ABSENT: Davis Johnson.
7:10 The Commission signed a letter to Clifford Holt requesting that he submit a letter to withdraw the Abbreviated Notice of Intent he filed for Main Street.
7:10 MAIL
1. Letter from Richard Patullo, Monson Self Storage requesting an extension of the Order of Conditions for his property on Main Street.
Glenn Colburn stated the project has not been started and the Commission cannot extend an Order of Conditions when work has not commenced. Similarly if the Order of Conditions has expired the Commission cannot extend the Order of Conditions.
2. Notification of land that is in Chapter 61A located on the southerly side of Waid Road known as Lot 8, owned by Elizabeth Weldon is to be sold.
Leslie Duthie stated the Conservation Commission has no interest in acquiring the property and moved to recommend to the Board of Selectman that the right of first removal be waived.
Glenn Colburn seconded the motion.
It was so voted unanimous.
3. The certified letter sent to Mr. & Mrs. Pouliot was returned not accepted, as they no longer own the property on Grandview Terrace.
4. Copy of a letter from Mass Highway to Ted Bukowski regarding his property on Palmer Road.
Leslie Duthie stated she spoke with Stan Tenerowicz regarding the restoration work that was supposed to have been started. He told her that he was meeting with Mass Highway and would contact her after the meeting.
7:15 NOI 292 Wales Road, John Cote. DEP issued a file number 228-0294 with no additional comments. Bob Hasner, JMP Consultants was present with the applicant John Cote. Mr. Hasner submitted certification that the abutters were notified. He stated the project is for a single family home with a septic, well and driveway. The proposed stormwater management drainage consists of two culverts one by the road and the other under the driveway to carry the run off. The run off from the road and driveway is directed into a culvert and then along a stone swale along the driveway and through another culvert that directs the run off toward the wetlands. All of the activity is outside of the buffer zone. The property is located in priority habitat for the eastern box turtle and the
spatterdock darner dragonfly.
The Commission received a letter from NHESP that the project as proposed would have no adverse impacts.
Leslie Duthie stated one of the things discussed at the site visit was some type of permanent marking. She suggested cement markers at the 100-foot buffer and a deed notation to let future owners know that any work beyond the markers would require the filing of a Notice of Intent with the Conservation Commission.
Glenn Colburn agreed stating that it leaves an option for the property owner to file a NOI for work beyond the 100-foot buffer.
Leslie Duthie marked the plan in four locations indicating where the cement markers should be placed.
Mr. Cote stated he had no problem with the markers or deed notation.
Leslie Duthie moved to close the hearing and issue an Order of Conditions for the project.
Donald Lambert seconded the motion.
Glenn Colburn stated he would like the applicant to submit a revised plan showing the location of the markers. The Commission would prepare the Order of Conditions but would not sign it until the plan was received.
It was so voted unanimous.
7:30 NOI Lots 1 & 2 Carpenter Road Andrew Beaulieu. Donald Frydryk, Sherman & Frydryk was present with Andrew Beaulieu.
Donald Frydryk stated he had spoken with NHESP because the property falls within priority habitat. The project will result in a so-called take and Misty Ann Merould discussed a conservation easement. The details will be included in the MESA filing. Another condition would be to establish an enclosed area around the site with silt fence to prevent the turtles entering the work area.
Andrew Beaulieu stated the NHESP wanted both wetland and upland areas so he would offer 15.4 acres for a conservation easement and hopefully that would satisfy NHESP.
Leslie Duthie commented that there was better habitat further down the road.
Donald Frydryk stated the project involves two single-family homes with driveways, septic systems and wells. Shown on the plan is a limited silt fence but following the conversation with NHESP the final plan will show the enclosure of the work site. The work involves the crossing of two intermittent streams but they did not believe any mitigation for the crossings was necessary. As much as possible everything has been kept out of the 100-foot buffer zone.
Leslie Duthie noted that the changes the Commission made to the wetland flags at the site visit were accurately shown on the revised plan. Ms. Duthie stated she had looked at the wetlands above and below the driveway crossings several times and had originally thought that the wetland above the second driveway flowed into the driveway. After several visits she believes the water flows away from both driveways and that this really is a roadside ditch that carries excess water along the side of the road. As mitigation to lesson the impacts of the crossing Mr. Beaulieu has agreed to work on removing some of the invasive species mainly honeysuckle that is prevalent by the roadway. Moving back on the property away from the road where the houses are to be located there are not a lot of invasive
species and it is a beautiful piece of property.
Glenn Colburn stated the plan looked good to him and the Commission would now wait for the MESA review.
Leslie Duthie agreed and moved to continue the hearing to receive NHESP comments.
Donald Lambert seconded the motion.
It was so voted unanimous.
5. Letter from Monson Historical Society agreeing to sell land on Town Farm Road to Monson Conservation Commission for $1.00.
Leslie Duthie so moved.
Glenn Colburn seconded the motion.
It was so voted unanimous.
7:45 Stagecoach Lake Association representative Donald Phillips and Lee Lyman, Lycott Environmental met with the Commission to discuss the Commission’s decision regarding a drawdown of the lake.
Leslie Duthie stated the Commission based its decision in part on the failure of the last two drawdowns and the fact that the weeds appear to be under control and the Association representative felt the lake looked good. A drawdown is a severe method of weed control and the targeted species for control are the ones least affected by a drawdown.
Lee Lyman stated he surveyed both lakes.
Leslie Duthie stated she had spoken with the owner of the upper lake and it was her understanding the owner was not interested in a drawdown.
Lee Lyman agreed to keep the discussion to the lower lake. He stated the weather had not been conducive to a drawdown the past two years and he looked at the lake in the summer and felt another drawdown was needed. With the right weather conditions a drawdown can reduce the plants considerably.
Leslie Duthie questioned what was different with conditions this year?
Lee Lyman stated it is too late to do a drawdown this year but in his opinion the Commission did not have the right to deny the Association a drawdown. It had given permission for a drawdown two years in a row and the Association had the right to do another this year. The Association wants to limit the amount of chemicals used in the lake by doing a lake drawdown.
Leslie Duthie questioned if drawdowns are often performed on an annual basis?
Lee Lyman stated yes and named Cedar Lake in Sturbridge among the lakes that perform a drawdown on an annual basis and included all of the reservoirs in the State.
Leslie Duthie questioned if those lakes had similar profiles in terms of depth as Stagecoach Lake?
Lee Lyman stated he was not recommending the same level of drawdown but recommended a limited drawdown. He stated he owned a pond and although he does not draw it down on an annual basis he does leave it up to his clients.
Donald Phillips stated when he met with the Commission he did preface his opinion regarding the health of the lake with the words “as a layman”. Stagecoach Lake Association prefers not to use chemicals and sees a drawdown as a better and more environmentally friendly way to control the weeds.
Glenn Colburn stated herbicide would still have to be used to treat a number of the plant species. He stated the Commission has not asked the Lake Association to file a new Notice of Intent and did not believe that a drawdown was rolled into the original Order of Conditions that was issued for herbicide treatment. It was allowed on a trial basis to see what would happen and how successful it would be. It was allowed the second time when the first try was not a success because the weather conditions were not right. Mr. Colburn stated he did not see the point to do it every year and believed the Commission would look at a drawdown on a yearly basis.
Leslie Duthie stated thought the lake was healthy and in good condition.
Glenn Colburn stated he believed the Commission should look at this again next year, look at the species that will be affected by a drawdown and look to see if a drawdown is necessary.
Lee Lyman stated the Lake Association will ask for an extension for 3 years to do both treatments herbicide and drawdowns and look at the lake with its consultant to make a choice as to what is the necessary treatment for the betterment of the lake.
Leslie Duthie stated the Commission has asked for several weeks notice with regard to treatments and surveys and it ends up short notice because that is the nature of the thing. She reiterated Mr. Colburn’s comments regarding the filing of a new NOI stating the Commission has worked with the Association and amended the original Order of Conditions and at this point believes it will continue that way.
Lee Lyman stated the Association appreciated that the Commission had not required a new NOI and welcomed the involvement of the Commission. He stated the Association will request a three-year extension before the expiration date and either discuss what to attach to the extension with regard to treatments or extend it the way it is.
Leslie Duthie stated the Commission reserves the right to discuss drawdown. She questioned when was the best time to discuss the drawdown?
Lee Lyman stated July or August was an appropriate time to discuss a drawdown. Meanwhile the Association would request an extension to continue the herbicide treatments as needed.
8:15 MAIL continued.
6. Notice from Newcastle Development Corporation regarding Lot 8 Ayers Road that work was starting as approved by the Commission.
The Commission checked the filing and determined an Abbreviated Notice of Resource Area Delineation was filed for Lot 8 Ayers Road but no work was shown on the plan. The filing was to delineate the wetlands. Leslie Duthie stated she would call Newcastle Development and ask them to provide a plan showing the work proposed was outside of the 200-foot river front area and 100 foot buffer zone.
7. Comments from NHESP that work involving the removal of a shed on Main Street would not adversely affect endangered species habitat.
8. Copies of two letters from the Board of Health to Elizabeth Faichney, Paradise Lake regarding beaver removal.
Leslie Duthie stated she spoke with Elizabeth Faichney and explained the beaver control devices.
9. Gary Scott, Wales Road and Mike Delisle Bennett Road received their Orders of Conditions.
10. Jerry Talbot, Bumstead Road and Dan Levesque Main Street recorded their Orders of Conditions at the Registry of Deeds.
11. Letter from New England Environmental advertising consulting services.
12. Various buildings permits.
13. NOI 297 Main Street, Henrod Holdings, LLC.
The Commission endorsed a letter prepared by Leslie Duthie to be sent to Christopher Magill, Silver Street regarding wetland violations.
Glenn Colburn stated Davis Johnson was contacted regarding erosion on Dean Pond road getting into the pond.
The Commission set a site visit for 297 Main Street for Sunday 12/10/2006 at 8:00 P.M.
9:10 Leslie Duthie moved to adjourn.
Glenn Colburn 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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