MONSON CONSERVATION COMMISSION
APRIL 23, 2008
MEMBERS PRESENT: Leslie Duthie, Glenn Colburn & Donald Lambert
MEMBERS ABSENT: Davis Johnson
7:15 Brimfield Road, Vincent Falkowski DEP 228-0309 – The Commission discussed the Superseding Order of Conditions issued by DEP at length. Leslie Duthie stated she spoke with Tim McKenna at DEP and questioned why the applicant was permitted to cross a perennial stream when there were clearly alternatives at the front of the lot. This is a large property with frontage on Brimfield Road to accommodate certainly one lot and probably two. Leslie Duthie stated after DEP upheld the Monson Conservation Commissions’ denial of an Order of Conditions Mr. McKenna advised the applicant to revise the submission and submit it as a Limited Project.
Glenn Colburn stated he believed a Limited Project must look at alternatives and as Ms. Duthie pointed out the applicant has an opportunity to build closer to Brimfield Road.
Leslie Duthie stated she had prepared the Monson Conservation Commissions’ appeal for an adjudicatory hearing and mailed it, as the Commission only had 10 days in which to file the appeal.
Davis Johnson was not able to attend the meeting but left a message that he was in full support of an appeal.
Glenn Colburn moved to approve an appeal of the issuance of a Superseding Order of Conditions to Vincent Falkowski, Brimfield Road.
Donald Lambert seconded the motion.
It was so voted unanimous.
7:45 MAIL
1. NOI Old Wales Road, Howard Hatch.
2. Copy of the Superseding Order of Conditions issued by DEP to Vincent Falkowski, Brimfield Road.
3. Return receipts for a Determination issued to Carpenter Realty, Town Farm Road, an Extension of the Order of Conditions DEP 228-249 issued to Richard Courchesne, Lakeside Drive and an Order of Conditions DEP 228-0313 issued to Stephen Phillips, Wilbraham Road.
4. Various building permits.
Silver Street, Christopher Magill – Leslie Duthie stated she made a site visit to the property with Mark Stinson from the DEP and discussed with Mr. Magill the filing of a Notice of Intent. At the site visit Mr. Stinson discussed the status of the stream perennial or intermittent and the regulations governing overcoming the presumption of a perennial stream contained in Section 10.58(2) of the Wetland Protection Act. Observations in the field relating to the pond surface area over 10,000 feet preclude Mr. Magill from any kind of work in his front yard without filing with the Monson Conservation Commission. Ms. Duthie stated her observations at the site lead her to believe Mr. Magill is still mowing an area he was told not to by the Commission and he had not done any of the work he said he would in
the area of the sugar shack. Mr. Magill did complete a berm for erosion protection. Ms. Duthie stated she would wait for information from Mark Stinson before preparing a letter for Mr. Magill. The Commission will require Mr. Magill to file a Notice of Intent.
8:20 Glenn Colburn moved to accept the minutes of April 9, 2008.
Donald Lambert seconded the motion.
It was so voted unanimous.
The Commission set a site visit for Friday May 2nd at 5:00 P.M. at Old Wales Road. The Commission will contact the consultant to make sure the lots are marked.
Leslie Duthie moved to adjourn at 8:25 P.M.
Glenn Colburn seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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