MONSON CONSERVATION COMMISSION
MINUTES JANUARY 2, 2008
MEMBERS PRESENT: Tom Faulkner, Leslie Duthie, Glenn Colburn, Donald Lambert and Davis Johnson
MEMBERS ABSENT:
7:28 NOI Wilbraham Road Stephen Phillips. Leslie Duthie moved to continue the public hearing for Lots 2A & 3A to hear from NHESP and until the Commission is able to do a site visit. Snow cover has prevented the Commission from making a site visit and it may be that the Commission will want to wait longer than the next meeting in order to see vegetation in the spring.
Davis Johnson seconded the motion.
It was so voted unanimous.
7:33 MAIL
1. Copy of a letter from the Board of Selectmen to Leo Cortina regarding his ownership of land abutting a closed landfill. Tests have determined that solid waste was disposed of in areas owned by Mr. Cortina. The Town would like to open dialogue to acquire the land where the solid waste was disposed and a buffer area.
2. Request for Certificate of Compliance for Macomber Road, Thomas Moore.
Glenn Colburn stated he did look at the site and did see stakes but could not confirm if the permanent boundaries were in.
Donald Frydryk confirmed the permanent bounds were in.
Glenn Colburn moved to issue a Certificate of Compliance.
Leslie Duthie seconded the motion.
It was so voted unanimous.
7:41 NOI Lot 1 Carpenter Road, Robert McCray. Jerry Gates was present representing Mr. McCray.
Leslie Duthie stated she was an abutter to Lot 1 Carpenter Road and would not participate if the applicants’ representative so chose.
Mr. Gates stated he welcomed Ms. Duthie’s input and had no objections to her involvement with Lot 1 Carpenter Road.
Leslie Duthie stated she reviewed the information from Mr. McCray’s Attorney that included:
1. A copy of a deed from McCray to the Town of Monson.
2. A copy of the Agreement between McCray and the Town regarding the $55,000.00 escrow account.
3. A copy of the Covenant to be recorded securing payment to the $55,000.00.
4. A copy of the easement from McCray to the Town over Lot 1.
5. A copy of the Habitat & Open Space Conservation Covenants for Lot 4.
6. A copy of a letter from Natural Heritage & Endangered Species Program approving the Habitat & Open Space Conservation Covenant.
7. A copy of a Deed Restriction for Lots 1, 2 & 3.
8. A copy of an e-mail from NHESP approving the Deed Restriction.
9. A copy of the draft deeds for Lots 1, 2 & 3.
10. Copies of the Lot Plan and Easement Plan.
Jerry Gates stated he believed the only thing left for the Notice of Intent for Lot 1 was approval from the State and the easements.
Leslie Duthie suggested the Commission finish up its review and comment relating to the material submitted by Atty. Donald J. Allison before moving on to the NOI. She stated she would like to add under the reserved rights the selective cutting and pruning of invasive species in the restricted areas. There is a lot bittersweet and multiflora rose that it would be of benefit to the Town to remove and/or control and it would not be contrary to the goals of the NHESP.
Leslie Duthie stated she spoke with NHESP and one of the things discussed at length was the liability of enforcing the deed restriction and monitoring of the boundary lines. The Town has assumed the responsibility of monitoring and enforcement but it should not be expected to incur the costs if it has to litigate to enforce the boundaries of the restricted areas. Language should be added to the deed restriction for Lot 1, 2 and 3 that in the event a violation is found by the Town all legal costs shall be borne by the property owner. This should also act as a deterrent for future owners of Lots 1, 2 & 3 to keep all activity away from the restricted areas.
Glenn Colburn stated he would like to make a change to the Declaration Restriction, section c Reserved Rights ii. 3 use of those portions of the “Deed Restricted Area’ shown on the Plan for the purpose of access for construction and maintenance of drainage structures change “drainage structures” to utilities.
Jerry Gates stated he assumed the Commission would require a letter from Robert McCray relating to the first round of cutting for the nesting area and a second letter acknowledging he would build the bridge and cut the path going up to the bridge. Mr. Gates suggested someone from the Commission walk the strip from the road to the bridge with him to identify how much has to be cut.
Jerry Gates stated he had found two types of markers one is metal and the other a 4 ½ inch circle that can be printed with anything the Commission would like.
Leslie Duthie stated she wanted the nesting area marked.
Jerry Gates questioned if the Commission wanted the easement to the bridge pinned or the easement along the driveway?
Leslie Duthie stated this is not a public conservation area it is a protected area. Her preference was to pin the easement along the driveway so as not to encourage use of the property. She stated there should be two colors one for deed restriction and one for conservation restriction.
Jerry Gates stated red would mark the conservation restriction and either orange or yellow for deed restriction. He questioned what the Commission would like on the markers for the nesting area?
The Commission decided to go with “Protected Habitat”.
Jerry Gates stated Mr. McCray has agreed to the first cutting of the nesting area, the installation of the bridge and pins and numbering.
Leslie Duthie stated that was part of reason the Commission agreed to breaking the endowment down into three payments.
Jerry Gates stated the endowment would be completely paid in three years also the Commission would be provided with a plan with the pins located on it to do the monitoring.
8:25 NOI Lot 1 Carpenter Road. Jerry Gates stated he believed the Commission had finished its review and was only waiting for approval from the State.
Leslie Duthie stated it has been almost two years since the Commission first reviewed Lot 1 and it now has two new members she questioned if Mr. Gates would be willing to give a review of the original NOI especially the driveway and drainage?
Jerry Gates stated he knew Donald Frydryk, Sherman & Frydryk would be at the January 16th 2008 Commission meeting and if there was an opening on the agenda he would ask Mr. Frydryk to review whatever the Commission wanted. The driveway for Lot 1 is proposed at a location to achieve the lowest driveway grade possible. There would be some regarding but very little material would come off of the site. The stream crossing is an arch culvert with a natural bottom.
Leslie Duthie stated her biggest concern was the driveway and drainage. The proposed location of the home is fairly flat.
Jerry Gates questioned how long an Order of Conditions was good for and if theoretically they could start on the driveway when the Order was issued?
Glenn Colburn stated the Order of Conditions was good for 3 years and as long as work had commenced it could be extended. There is a 10 day appeal period once the Order of Conditions has been issued.
Jerry Gates stated the Commission made a determination for Lots 2 & 3 in June of 2005 and he questioned how long the determination was valid and could it be extended?
Glenn Colburn stated the resource delineation was good for three years and that does not get extended. An option would be to file a NOI for the lots.
Leslie Duthie stated it was not necessary to file a NOI right away Mr. McCray could wait until he had a buyer.
Leslie Duthie stated with regard to paperwork for the Conservation Restriction, Deed Restriction, easement etc. once the corrections were made Mr. Gates could go ahead and execute.
Leslie Duthie moved continue to January 16th, 2008 to discuss the drainage and driveway on Lot 1 with Donald Frydryk.
Davis Johnson seconded the motion.
It was so voted unanimous.
8:50 NOI Wales Road David Mill. The Notice of Intent has been filed by David Mill to remove a bridge that he built without permits from the Conservation Commission on land that he did not own.
Leslie Duthie moved to continue the hearing because due to weather conditions the Commission has not made a site visit, the DEP has not issued a file number because the applicant did not provide proof that the NOI was sent to NHESP and to wait to hear from NHESP.
Glenn Colburn seconded the motion.
It was so voted unanimous.
8:52 MAIL continued.
3. Request for Certificate of Compliance from Daniel Levesque Main Street.
4. DEP issued a file number for Stephen Phillips, Wilbraham Road 228-0313.
5. Forest cutting plan Stafford Hollow Road, Olbrych. The plan was reviewed by NHESP because the land is located in an area of priority habitat for endangered species in this particular case the marbled salamander.
Leslie Duthie questioned who monitors the cutting is it the Conservation Commission or state forester Carmine Angeloni?
Glenn Colburn stated he believed it was Carmine Angeloni.
6. Various permits
Leslie Duthie stated she signed the Conservation Preservation Act document and according to the Assessors Monson will have around $150,000.00. That is the amount that the Town will raise for this year. The State’s matching monies should come in around October. It probably will not be matched dollar for dollar but it should be close.
Glenn Colburn moved to approve the minutes of December 19, 2007 as presented.
Donald Lambert seconded the motion.
It was so voted unanimous.
9:25 Leslie Duthie moved to adjourn.
Glenn Colburn seconded the motion.
It was so voted unanimous.
Respectfully submitted
Linda A. Hull
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