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Conservation Commission Minutes 05/21/2008











MONSON CONSERVATION COMMISSION
MINUTES MAY 21, 2008

MEMBERS PRESENT:   Glenn Colburn, Donald Lambert, Davis Johnson and Leslie Duthie

7:15  NOI Old Wales Road , Howard Hatch continued.  Richard Cook and Glenn Krevosky were in attendance.  

Glenn Krevosky stated his notes from the last meeting with the Conservation included substitute High Bush Blueberries for Silky Dogwood in the replication area, add note to plan re: upland conservation mix, add note to plan plant rye prior to construction on deforested slope area, add density in replication area, show tracking pad on plan, show sedimentation basin sump between two driveways at Old Wales Road and rock swale with check dams along driveways.  

Leslie Duthie questioned if the check dams were all the way across the swale?

Mr. Krevosky stated yes and advised that the Order of Conditions should ensure that someone is on site to make sure the check dams are properly installed.  The contractor whoever that maybe must understand the Federal Requirement also with regard to erosion control.  A SWPP Storm Water Prevention Plan will be submitted prior to construction and a tracking pad installed.  The brush in the buffer zone should be cleaned up under supervision again that could be part of the Order of Conditions.  The density, height and number of plants proposed in the replication area are now on the plan.  The sedimentation basin is located totally on one of the lots and maintenance of the basin will become the responsibility of the owner of that particular lot.   

 Leslie Duthie questioned if the soils on the site were pervious?

Mr. Krevosky stated yes and the design of the erosion controls are designed to handle up to a 100 year storm event.  

Leslie Duthie stated the Commission had discussed the check dams and with one every 50 feet the volume at the bottom of the driveway should be less.

Mr. Krevosky stated the volume would be the same but the concentration would be less because the check dams slow the water down.  All the run off is contained on this property there is nothing going to abutting property or Town land.  The grading is toward the swale.  If the driveways are not paved there must be some kind of stable surface such as crushed stone.

Richard Cook stated the instructions were to consider the driveways were to be paved.  Additionally the driveways should be constructed at the same time it is the only way to be sure that it is done properly.

Leslie Duthie questioned if the Commissioners had any further questions on the project?

Glenn Colburn stated he believed the applicant had addressed the issues of both DEP and the Conservation Commission and would agree with Mr. Cook that the driveways should both be constructed at the same time.  

Leslie Duthie moved to close the hearing and issue an Order of Conditions.

Davis Johnson seconded the motion.

It was so voted unanimous.

7:40  NOI 13 Lakeshore Drive, Karen Frickenhaus.  Ms. Frickenhaus stated DEP did not issue a number because she did not notify the Natural Heritage and Endangered Species Program (NHESP) by certified mail of the filing she sent it by regular mail.  After speaking with NHESP they are going to scan the first page with the received stamp and send it to Mark Stinson at DEP.

Leslie Duthie stated the Commission must wait 30 days to allow NHESP to comment and must also wait for a DEP File number, but could still discuss the project.   The Commission made a site visit and the majority of the work is in the existing footprint of the house but the Commission did discuss extending the silt fence.  The Commission is not so concerned with the work on the house but the grading and terracing because of the steep slope down to the lake.  The erosion controls would have to be carefully monitored and replaced/repaired immediately when necessary.  In the Order of Conditions the Commission would require extra silt fence or hay bales be kept on site.  This is a small project and even though it is close to the lake with adequate erosion control it is a doable project.  

Glenn Colburn stated he agreed that it was a simple project and the biggest concern was terracing with loose soil.  Possible comments from NHESP would require totally encircling the project area with the silt fence and making certain it was closed at the end of each day.

Leslie Duthie stated the hay bales should be on the inside of the silt fence rather than the outside.  Ms. Duthie moved to continue the hearing to June 4, 2008 to wait for a DEP file number and comments from NHESP.  

Glenn Colburn seconded the motion.

It was so voted unanimous.

8:15 NOI Bennett Road culvert replacement Town of Monson.  DEP has issued a file number DEP 228-0315.  Leslie Duthie moved to continue for comments from NHESP.

Davis Johnson seconded the motion.

It was so voted unanimous.

8:20 Leslie Duthie stated she had a pre-construction meeting with Al Joyce at the site on Bethany Road of the sub-division Evergreen Lane.  Mr. Joyce also stated he has started the well on Waid Road the silt fence is up and cement bounds are in and asked if the Commission would consider extending the Order of Conditions for two years.  

Ms. Duthie stated the silt fence on Bethany Road has not been maintained very well but Mr. Joyce is considering a different plan.  He is considering abandoning the sub-division plan and instead create four individual building lots along the frontage.  The economy at this time does not justify the outlay of money to create a road with all of the associated drainage before a house lot can be sold.  He asked if the Commission would consider amending the Order of Conditions that it issued for the sub-division because there is less disturbance and the work is further away from jurisdictional areas.

Glenn Colburn stated the work at the front of the lots is within the jurisdiction of the Commission.

Leslie Duthie stated Mr. Joyce wants to enter the property at a different location to log the property than the entrance proposed for the sub-division.

Glenn Colburn stated an amended Order of Conditions is appropriate when small changes are proposed but to go from a nine house sub-division to four building lots is a big change.   

Donald Lambert stated the Commission has to be careful that it is not caught between two plans.

Leslie Duthie questioned if it was the decision of the Board to ask for a new filing, as the changes proposed are substantial and not appropriate for an Amended Order of Conditions?

Glenn Colburn so moved.

Davis Johnson seconded the motion.

It was so voted unanimous.

8:40 MAIL

1.      Copy of a letter from Ann Hartley, Case Administrator DEP relative to the Commissions’ appeal of the Superceding Order of Conditions for Vincent Falkowski, Brimfield Road.

Leslie Duthie stated she contacted Attorney Michael Sites and he agreed to represent the Commission in the appeal and would be in the office of Friday 23, 2008 at 10:00 A.M. to go over the file.

2.      RFD 52 Munn Road, David Isabelle & Antonia Palfrey.

Leslie Duthie stated she spoke with Ron Hutchinson regarding Old Reed Road and he is going to call when he is ready for a site visit.  

Leslie Duthie stated the Trustees of Reservations spoke to her about Dick Elliot’s wood lot on Butler Road.  Given the hard economic times the Trustees are experiencing difficulties raising $60,000.00.  They are committed to the project and when the agreement was signed did set aside two or three potential house lots. The goal is not to develop house lots along the frontage and to that end they have asked if the Community Preservation Committee would consider a request for $20,000.00 as part of the fundraising for the property.  Bill Skillman believes it is an appropriate use of the money but it has to go to Town Meeting for a vote.  Time is a problem as the Trustees need to complete the deal soon.  The Conservation Commission has a land acquisition fund and could use $20,000.00 from that fund with the understanding that the money would be reimbursed with CPC funds after Town Meeting in November.  Ms. Duthie stated she spoke with Catherine Roth to make sure that the Conservation Preservation Act allowed this and was told it is an appropriate transaction.  The Trustees of Reservations would like the Town to hold the conservation easement on the land.  She stated this is another piece of the Peaked Mountain project and this property contains most of the mountain road that is to be called Ruth’s Road.  It is proposed to call the property Elliot Woods, a fitting tribute to a man involved in land protection and conservation for years and who was one of the original Conservation Commissioners in Town.  She questioned how the Commissioners felt about this?

Davis Johnson stated he was 100% behind the project and it was worth the risk to use the Land Acquisition fund money and then go to Town Meeting to reimburse the money with CPC funds.

Glenn Colburn stated even if the only way was to sell off a building lot he was 100% behind the acquisition of Dick Elliot’s wood lot.

Leslie Duthie stated she believed the residents of Monson were proud of Peaked Mountain and had totally supported the preservation efforts.  Preserving another property that abutted Peaked Mountain, thus enlarging the protected area was a win-win situation.  .  
The Commission scheduled a site visit for May 27, 2008 at 5:00 P.M. starting at 52 Munn Road and then to 203 Wales Road, Gary Scott who has finished the work on his driveway.

Leslie Duthie moved to accept the minutes of May 7, 2008 with corrections.

Davis Johnson seconded the motion.

It was so voted unanimous.

9:20 Davis Johnson moved to adjourn.

Glenn Colburn seconded the motion.

It was so voted unanimous.

Respectfully submitted,


Linda A. Hull