MONSON CONSERVATION COMMISSION
JULY 2, 2008
MEMBERS PRESENT: Leslie Duthie, Donald Lambert & Davis Johnson
MEMBERS ABSENT: Glenn Colburn
7:15 Gary Allard met with the Commission to discuss the property at 450 Boston Road that he is interested in purchasing. Leslie Duthie and Glenn Colburn looked at the site.
Leslie Duthie stated because the working area is going to be tight the Commission would like a filing. A simple Request for Determination of Applicability would be fine and include a drawn plan showing the silt fence. She questioned how the growth in back of the building would be cleared?
Gary Allard stated he would use a little machine to go in back and clear.
Leslie Duthie stated Mr. Allard intended to renovate the existing building and the Commission has seen the site and is comfortable the developer can work within the parameters discussed. If any work is proposed on the pavilion that would require a different filing.
7:30 Leslie Duthie stated when the Commission discussed the acquisition of 30 acres of land owned by Dick Elliott on Butler Road fundraising was still underway and it was not clear how close the Trustees of Reservations were to their goal. The Commission discussed using $20,000 from its land fund to make sure the goal was met. The money would be reimbursed when CPC money was available. Ms. Duthie stated she spoke with Chris Rodstrum, Trustees of Reservations who questioned if the Commission would consider another $10,000 to complete the project if it was necessary. They are still fundraising although the economy is making it difficult. There is the possibility of selling a building lot, although that is the absolute last resort.
Davis Johnson and Donald Lambert both agreed that it was well worth the extra money. It is a wonderful addition to the Peaked Mountain area.
Leslie Duthie stated she had a copy of the Conservation Restriction there was nothing unusual in it.
MAIL
1. Mass wildlife news.
2. Comments from NHESP regarding the removal of the bridge on Wales Road, applicant is Davis Mill. NHESP states the work as proposed would not affect the actual habitat of state protected endangered species. NHESP did not require a sweep of the area for turtles.
3. E-mail from Selectman Ed Harrison, the owners of the former Zero property received State approval for the project approved by voters at Town Meeting.
7:36 Request for Extension of the Order of Conditions for Lots 36 and 37 Heritage Lane
from property owner Charlie Richards.
Mr. Richards stated he has put in silt fences and started clearing the lots. The lots are
located on either side of the pond. The Order of Conditions expires August 31, 2008.
Leslie Duthie questioned if the work was going to continue or would it stop once the Commission issued the extension?
Charlie Richards stated the economy is bad but he had to do something with the
property.
Leslie Duthie questioned why only some of the permanent bound have been put in?
Charlie Richards stated he did put all of the bounds in but some of them were removed by
the neighbor.
Leslie Duthie stated Mr. Richard would have to work that out with the abutters. It does
look as though the abutter is either over the lot line or very close to it with a swing
set. In any event the permanent bounds must be installed.
Davis Johnson stated if the Commission extends the Order of Conditions it is expected
that the work would proceed in a timely fashion.
Leslie Duthie moved to extend the Order of Conditions for Lots 36 and 37 Heritage Lane for 30 months.
Davis Johnson seconded the motion.
It was so voted unanimous.
7:45 NOI Lot 1 Fenton Road. Present was Rosemary & Fred Higgins, Donald Frydryk,
Sherman & Frydryk, Land Surveying & Engineering and Andy Kozikowski.
Donald Frydryk stated the Notice of Intent was filed for the construction of a single
family home, septic system, well and driveway. The closest point of the erosion control
to the wetland is 25 feet and there is a total of 16,000 square feet of disturbance in the
buffer zone.
Leslie Duthie stated this is a very tight lot and whoever purchases it has to
understand that although this is a two acre lot the area for a yard will be very small.
Donald Frydryk agreed stating it is tight and they have kept the footprint of the house on
the smaller side.
Leslie Duthie questioned if the septic system was a raised system?
Donald Frydryk stated the system would be graded into the landscape and the grade
would drop down to a landscaped retaining wall. Fill would be needed between the
septic system and the driveway.
Davis Johnson questioned if the permanent bound markers shown on the plan would
also serve as the limit of lawn area.
Donald Frydryk stated yes.
Davis Johnson questioned the square feet of upland on the property?
Donald Frydryk stated it meets the required 60,000 square feet of upland because
Monson’s bylaw does not require the upland area to be contiguous.
Andy Kozikowski stated he and his wife own the home that abuts this property and are currently negotiating to purchase this property. He stated they have no aspiration to build on this piece of land.
Leslie Duthie questioned if the lot was not going to be developed, which from a
Conservation perspective was an ideal situation why go forward with the Notice of
Intent?
Rosemary Higgins stated she wanted to see it through because they have started the
process.
Leslie Duthie stated the Commission is more than willing to issue an Order of
Conditions. There is a cost for recording the Order at the Registry of Deeds and the
Order of Conditions is good for three years. If the work conditioned in the Order is not started within three years the Order of Conditions expires. It seems a
lot of work for a piece of property that is probably not going to be built on.
Mr. Kozikowski reiterated that he expects the deed to the property to be transferred
to him and his wife within the next couple of weeks and they have no intention of
building a house on the lot.
Donald Frydryk stated circumstances can change and at least for the next three years an
Order or Conditions would be in place if someone wanted to develop the property.
Davis Johnson stated he agreed with Ms. Duthie why continue with this and issue an
Order of Conditions that will expire in three years. If circumstances change the property owner can always re-file with the Commission using the same plans. He suggested continuing the hearing for two weeks to allow time for the property transfer, as Mr. Kozikowski has stated he has no intention of building on the property.
Leslie Duthie stated this is the type of project that the Commission has a problem with
because the Town does not have a wetland bylaw. If the Commission were to deny
this project chances are it would be unsuccessful defending the denial on appeal to the
DEP.
Davis Johnson stated this is the type of lot the Commission would like to protect if it was
successful in getting a wetland bylaw approved at Town Meeting.
Leslie Duthie moved to continue the hearing for two weeks to July 16, 2008.
Davis Johnson seconded the motion.
It was so voted unanimous.
8:10 162 Thayer Road Melissa & John Mercier met informally with the Commission to discuss a complaint relating to ATV use on their property. Leslie Duthie stated when the house was constructed certain conditions were imposed in an Order of Conditions issued by the Monson Conservation Commission and conditions with a deed notation required by the Natural Heritage & Endangered Species Program. An abutter to the property appealed the issuance of the Order of Conditions to DEP, who subsequently issued a new Order of Conditions.
Melissa Mercier stated her property is not listed as priority habitat but as estimated habitat.
Leslie Duthie explained priority habitat is the actual nesting/breeding area of the endangered or protected species and estimated habitat is the area the species moves around in. Both are protected under the program, and include both wetland and upland species and areas. Although this property is large in area the building envelope is small. Any change, alteration or construction on the property is under the Conservation Commission’s jurisdiction.
Ms. Mercier stated she spoke with Tim Mckenna at DEP and he said he would issue a Certificate of Compliance. They also discussed Mr. Mercier’s sporadic use of an ATV on the property. Ms. Mercier stated Tim McKenna did not see a problem with occasional use but, if it was a constant use and altered the wetland by creating trails that would be a problem.
Mr. Mercier stated he purchased the ATV to go riding with family members and friends and usually goes out to State parks. He stated he rides approximately once a month on his property and is the only one riding an ATV on the property. Mr. Mercier stated he did not see how he was altering wetlands even if he was driving through it.
Davis Johnson stated if riding was frequent enough to create a track that would certainly be seen as an alteration of wetlands. He questioned if he was riding just around the house?
Mr. Mercier stated he mainly stayed around the house area.
Leslie Duthie thanked Mr. & Mrs. Mercier for responding to the Commission’s letter and for meeting with the Commission. She stated she also spoke with Tim McKenna at DEP regarding the ATV use and received the same response as Mrs. Mercier.
Mr. Mercier questioned if he could use his ATV to carry rocks to build a wall?
Leslie Duthie stated there would not be a problem as long as there was no infringement on the wetlands. Altering a wetland includes removal of vegetation and cutting trees, and requires a filing with the Commission. Ms. Duthie stated she would write a letter and copy the abutters stating the Commission had discussed the ATV use and it appears it is sporadic in nature.
Ms. Mercier questioned if they had to file to put in a shed and remove some large pine trees?
Leslie Duthie stated anytime they were uncertain about working in a jurisdictional area contact the Commission. For the most part a structure like a shed could be done with a Request for Determination.
Mr. Mercier stated his abutters have several cameras’ trained on his property which he found intrusive. The abutter who complained about the ATV use and its affect on endangered species is clearing a path in the back of the property to get to Lakeshore Drive.
9:00 MAIL continued.
4. Beaver Permit for Highway Dept. Baldwin pond/Reimers Road.
5. Forest cutting plan for Carpenter Realty, Beebe Road.
The Commission arranged a site visit for 5 Grandview Terrace, Eric Morin for Tuesday July 8, 2008. The Commission will contact Mr. Morin to see if this is a convenient date for him.
Paul Winkler contacted the Commission regarding property he owns on the corner of Butler Road and Lower Hampden Road. He is experiencing problems with the new well that was drilled but is working to contact the well driller and solve the problem.
Leslie Duthie stated the Commission should send a letter to Paul Winkler and ask him to repair the existing silt fence so that it functions properly and establish vegetation on the leach field, as it will help alleviate some of the erosion problem.
Leslie Duthie and Glenn Colburn made a site visit to 224 Hovey Road and met with Mr. Chaves and Atty. Marwan Zubi, Thursday June 26, 2008.
Leslie Duthie stated Mr. Chaves was asked to delineate the wetlands in order to determine if the work associated with a gravel removal operation is within 100 feet of the intermittent stream. Mr. Chaves was granted a month to get the process started. Ms. Duthie felt that the majority of the work was not under the Conservation Commission’s jurisdiction. It is an active gravel pit with a number of large piles of earth material on the property.
Davis Johnson moved to accept the minutes with the change discussed.
Donald Lambert seconded the motion.
It was so voted unanimous.
9:20 Davis Johnson moved to adjourn.
Donald Lambert seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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