MONSON CONSERVATION COMMISSION
MARCH 26, 2008
MEMBERS PRESENT: Leslie Duthie, Glenn Colburn, Davis Johnson, and Donald Lambert.
MEMBERS ABSENT: Tom Faulkner
7:00 57 Town Farm Road Chuck Adams submitted a Request for Determination to construct a foot bridge across a small stream between two agricultural fields on Town Farm Road. Mr. Adams also discussed using Town owned land on Upper Palmer Road to graze cattle. He is expanding his organic meat production and is looking for grazing land. William Plante owns abutting property and is also interested is using the property to graze cattle.
Leslie Duthie stated she has observed that Mr. Plante is already grazing cattle on his property and she questioned if Mr. Adams thought Mr. Plante would be willing to fence off the stream on his land to prevent the animals going into it?
Mr. Adams stated he would discuss that with Mr. Plante but thought he might be willing to do that.
The Commission set up a site visit to look at the property on Upper Palmer Road and then go to 57 Town Farm Road on Monday March 31, 2008 between 4:30 and 5:00 P.M.
The Commission signed the bill schedule.
7:15 NOI Wilbraham Road, Stephen Philips continued. Donald Frydryk, Sherman & Frydryk, stated the project before the Commission is for two single family homes, wells septic system, driveways and lawns. The land was originally split into four lots and recorded on August 28 1996. The lot on the corner of Sand Hill Road and Wilbraham Road was sold leaving three lots. The Monson Zoning Bylaw language further reduced the number of lots to two because the bylaw requires 60,000 square feet in area that does not include land regulated by 310.CMR.10. At the site visit the Commission saw the delineation of the perennial stream, intermittent stream and bordering vegetated wetland. On Lot 2A all of the work except the well is in the outer 100 riparian zone of the perennial stream. The well is in the 100 foot buffer zone to BVW. The project proposes 16,620 square feet of alteration in the outer riparian zone the majority of which is on Lot 2A. If all of the land owned by Alan R.
Phillips is taken into consideration including the lot that has already been sold the percentage of riverfront disturbance is 6.1%. Mr. Frydryk stated DEP has issued a file number DEP 228-0313 and Natural Heritage has reviewed the project and found it would have no adverse affect on State protected wildlife species. Permanent boundary markers are shown on the plan along the work limit line. Mr. Frydryk stated he has prepared comments responding to the DEP review of the project.
1. Written explanation as to how the Mean Annual High Water Line (MAHWL) of Twelve Mile Brook was established.
The MAHWL was established along the first observable break in the slope along Twelve Mile Brook and flags were located through survey methods. The bank is well defined throughout the property and delineation of the MAHWL was confirmed by the Monson Conservation Commission during a site visit on March 18, 2008.
2. Documentation to verify the Bordering Vegetated Wetland boundary delineation.
The flags along the limit of BVW were field located by survey methods and confirmed by the Monson Conservation Commission during a site visit March 18, 2008.
3. No alteration of Riverfront area should occur until all alternatives have been considered.
Originally the project was for four lots one of which was sold and developed. Due to the Rivers Protection Act and the language in the Monson Zoning Bylaw for “Lot Buildable” the remaining three lots were reduced to two. All of the proposed work is outside of the Inner Riparian Zone and the lots have been laid out to reduce the amount of disturbance to the extent practical. Further reduction or elimination of the disturbance within the rivers area would result in the loss of another lot and that is not an economical equivalent alternative to the applicant.
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4. The applicant must wait for comments from Natural Heritage and Endangered Species Program.
NHESP responded on January 2, 2008 that the project as described would not adversely affect the resource area habitat of state protected rare wildlife species.
5. Submit evidence of abutter notification.
Certificates of Mailing and Certified Mail Receipts were provided.
Leslie Duthie stated she was not keen on one Order of Conditions to cover two lots because some conditions are more important to one lot than the other. She stated future owners of the lots must be made aware of the limitations as, although the lots are fairly large the building envelope is small. Any work beyond the work limit line including sheds, cutting of vegetation etc. must be filed for with the Conservation Commission. The area beyond the work limit line can be used for passive recreation but very little else. The Commission does not like to see work proposed in the 200 foot riparian zone to a perennial stream but the applicant has made a concerted effort to limit the work to the outer riparian zone.
Davis Johnson stated he would like to include a condition that restricts fertilizing the lawns associated with these homes because of the impact to Twelve Mile Brook it would be a shame to see development encroach and spoil what is a relatively un-spoilt watershed.
Leslie Duthie stated a condition could be added to the Order of Conditions restricting the use of fertilizer.
Stephen Phillips questioned if that was the whole lawn or just a portion closer to the stream?
Leslie Duthie stated it would be all of the lawned area. That is not to say the property owner could not use any fertilizer but the condition would require the use of an organic fertilizer. There are lots of slow release fertilizers that would be appropriate for this area and they tend to bind in with the soil better.
Glenn Colburn stated he was under the impression an alternatives analysis for riverfront area was to look at keeping things out of the resource area and only use the outer 100 foot riparian zone if there was absolutely no other option. There is an alternative, if the two lots were combined into one, all of the work could be kept out of the 200-foot riparian zone. The Commissions’ primary function is to protect the river front area not maximize a developers profit margin. He stated he did not see how the applicant’s economic equivalent works with this.
Stephen Phillips stated when the rivers act passed it became effective immediately and there was no grace period. The plan of land was filed three weeks after the enactment of the rivers act and caused considerable financial hardship to his parents. He stated he understood the reasoning but asked the Commission to approve two lots. He stated he believed the wetland flags were marginal in some locations and someone else flagging the property may not have been as conservative.
Glenn Colburn stated he did not think the flagging was marginal. On this lot the important boundary is the MAHWL and it is very clear where the high water mark is. The BVW may be a different case because of the time of the year, there is no vegetation to see. Mr. Colburn stated the important thing on this property is the riverfront area and he believed anyone looking at the MAHWL would not come up with a different interpretation.
Donald Frydryk stated they have met all of the performance standards and done everything possible to reduce the disturbance in the riverfront resource area short of making it one lot. Obviously for the riverfront and the Conservation Commission one lot would be better but it comes down to interpretation of economic equivalent. .
Frank Zanetti, Sand Hill Road stated all of the homes on Sand Hill Road have been subjected to a long list of stipulations and everyone has a large lot that they can only use a very small portion of.
Donald Frydryk stated these lots are no different one has 4.6 acres and the other 3.4 acres.
Leslie Duthie stated the Order of Conditions that the Commission writes to cover Lots 2A and 3A will be extensive.
Glenn Colburn stated when there is intrusion into the riverfront area it becomes a monitoring problem for the Commission. The river corridor is important for fish, turtles, fishers, most species use the riverfront area and it is important to protect 200 feet. It may seem like a lot but it is not and even with 200 feet chances are some of it is lost.
Davis Johnson stated it becomes an aggregate problem with the entire watershed.
Glenn Colburn stated he was not convinced it was economically equivalent to have two houses so close together it may well detract from the value because of the close proximity of the houses. Most people move to Monson for a little elbow room one large lot may well sell better than two smaller ones. He stated he was not sure eliminating one lot would detract from the profit.
Donald Frydryk stated the down side is that if it is approved for one lot a property owner would have more land but not necessarily buildable land.
Frank Zanetti stated he believed two more homes would hurt the neighborhood.
Leslie Duthie stated everyone in Monson is faced with the possibility of land being developed. The only way to stop vacant land from being developed is to buy it.
Stephen Phillips stated if land on the far side of the brook was put into Chapter 61A or 61B that would still allow access for the neighbors.
Leslie Duthie stated it would not provide public access because Chapter 61A and 61B is for private property. Ms. Duthie stated like Mr. Colburn she preferred one lot to two lots but after dealing with DEP on something similar, feels that this is a compromise plan.
Stephen Phillips questioned if the Commission would approve if a future owner wanted to put in a pond?
Leslie Duthie stated she would not look on that favorably because she believed it would be detrimental to Twelve Mile Brook.
Harold Hollum stated when there is a substantial rainstorm water flows from Upper Hampden Road and Wilbraham Road onto this property bringing sand and stones and the gully fills up.
Donald Frydryk stated the plan shows grading between the two properties.
Davis Johnson questioned the percolation rate?
Donald Frydryk stated he was not certain but believed it was less than 20 minutes inch.
Glenn Colburn questioned if the septic systems were raised systems?
Donald Frydryk stated they would be raised systems.
Leslie Duthie stated the applicant has addressed the concerns of DEP and although she would prefer one lot this was a compromise and moved to close the hearing and issue an Order of Conditions.
Davis Johnson seconded the motion.
It was so voted unanimous.
8:30 Leslie Duthie stated she spoke with Dan Levesque about planting trees specifically pin oaks on his property to replace the trees that were cut. Mr. Levesque stated he would have to consult with his landscape professional because he may put parking in front of the building.
Leslie Duthie stated she spoke with Senator Brewers office and the State is moving forward with the protection of the Monson Developmental Center land everything uphill to the west of the existing facility. The description of the land is about 190 to 200 acres.
8:40 MAIL
1. Letter from Atty. Marwan Zubi regarding Raymond Miller 224 Hovey Road. Atty. Zubi stated currently there is no work in progress and they would provide a formal response after the contractor returns from his vacation.
2. Copy of a revised plan for Vincent Falkowski, Brimfield Road for a Limited Project.
Glenn Colburn stated filing under a limited project does not qualify because there is ample building space in the front of the property.
Leslie Duthie stated she would speak with Mark Stinson at DEP.
3. Lakeside Drive, Richard Courchesne DEP 228- 249 request for a one year extension of the Order of Conditions to demolish an existing house and rebuild.
Leslie Duthie stated she believed the Commission should add this to the list of site visits before making a decision.
4. Raymond Miller 224 Hovey Road, return receipt relative to the letter asking him to file for a gravel operation.
5. Jean Guy Girard Moulton Hill Road return receipt relative to the extension of his Order of Conditions.
6. Forest Cutting plan 258 Lower Hampden Road, Paul Bourbeau, 525 foot wetland crossing with an 8 acre harvest.
7. Yearly operation plan CSX transportation east west railroad line.
8. Various building permits.
Leslie Duthie moved to accept the minutes March 12, 2008 as presented.
Glenn Colburn seconded the motion.
It was so voted unanimous.
Glenn Colburn left the meeting to avoid the appearance of a conflict.
Leslie Duthie stated she spoke with Christopher Magill, Silver Street regarding a site visit and the best time for him is a Saturday afternoon. Saturday April 12, or 19, 2008 was fine with the other Commissioners. Ms. Duthie stated she would call them with a definite date.
9:05 Leslie Duthie moved to adjourn.
Davis Johnson seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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