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Conservation Commission Minutes 09/24/2008














MONSON CONSERVATION COMMISSION
SEPTEMBER 24, 2008


MEMBERS PRESENT:  Leslie Duthie, Glenn Colburn and Davis Johnson.

MEMBERS ABSENT:  Donald Lambert

7:15 RFD Lakeshore Drive, Pulpit Rock Association, Karen Frickenhaus.  Ms. Frickenhaus stated she filed to restore the bridge known as Brewers Bridge to the condition it was in prior to storm Hanna on September 6, 2008.  Most of the repairs are near the roadbed.  Fill has to be added to restore the abutment beneath the paved area.  

Glenn Colburn questioned if the culvert itself would have to be touched?

Karen Frickenhaus stated no. The boulders at the bottom are still in place and in good shape.  The boulders near the top must be replaced and the plan is to concrete over the rip rap spillway to stop water getting in and eroding it again.

Leslie Duthie stated it appears the repairs are limited to the discussion the Commission had on site with the Association.  Mark Stinson, DEP called when he received the RFD and expressed concern because he believed the work was in the brook.  Ms. Duthie explained the Commission had made a site visit and determined the work was not in the brook but by the paved roadway.  

Karen Frickenhaus stated she would like to put more rip rap on the opposite side of the bridge.

Leslie Duthie cautioned that the Association needs to think how it handles the road run off because there are places where the water is allowed to run into the stream.

Karen Frickenhaus stated they talked to the paving company about cutting the paving to allow the water to run off before it reaches the stream.

Leslie Duthie stated the plan to put down concrete pads would encourage the water to run off the bridge and directly into the stream and she would like the Association to think in the long term of handling the run off in a different way.  

Karen Frickenhaus stated there is a break in the curb that allows water to run off before the stream they could make another cut.  The drop to the stream is fairly substantial 20 feet and that allows some of the water to infiltrate before it hits the stream.  If the Commission would like they could make a curb cut and put in rip rap.

Leslie Duthie stated paving has certainly helped and putting in a rip rap swale would also help.

Glenn Colburn stated he believed adding rip rap in the locations marked on the plan would help but maintenance is important.  

Karen Frickenhaus stated she usually is the person who does the maintenance on the Brewer Bridge because it is close to her home.   She asked the Commission to tell her what to do and she would make sure it was done.  

Glenn Colburn stated each spring the silt should be removed, leaving the stone in place and checked periodically especially after a storm and again before winter.  

Leslie Duthie moved to give a positive determination that the area is subject to protection under the Act.

Glenn Colburn seconded the motion.

It was so voted unanimous.

Leslie Duthie moved to give a negative determination for work that is within an area subject to protection but will not remove fill dredge or alter area and the filing of a NOI is not required.

Glenn Colburn seconded the motion.

It was so voted unanimous.

7:45  King Avenue Quaboag Riders Club.  Representatives from the Quaboag Riders Club, Bob Chalue, Jim O’Connell and Diane Walsh met with the Commission for an informal discussion on the status of the erosion control measures at the hill climb.

Leslie Duthie stated the Commission is receiving complaints from downstream neighbors about the erosion coming down that is filling in the stream bed and causing water to overflow into their yards.  The Commission had a similar discussion with the Quaboag Riders in February of 2006 and received a letter from Russo Associates stating that a plan was being prepared and the Commission would receive a submission.

Bob Chalue stated the Club does work hard to maintain the erosion control but as the Commission knows there was a lot of water in a fairly short period and the system was overwhelmed.   There is a pipe that goes under two of the three sedimentation ponds.  The main pond is part of the access way and takes the flow from the entire left side of the hill.  There is another half way up the hill and another behind the slope of the hill.  It was impossible to prepare for that volume of water.  

Leslie Duthie stated she made a site visit, as did other Commissioners and she took some photographs.  

Glenn Colburn stated the Club must get back on track with its routine maintenance, and any plans and written maintenance schedule should be given to the Commission.  

Mr. Chalue stated they have two dozers on site at the present time because the weather forecast calls for heavy rain this weekend.

Glenn Colburn stated when the Commission met with the Club before, the issue of routine maintenance was brought up and that needs to be tied down.  Russo Associates was supposed to prepare a plan and submit it to the Commission and that did not happen.  

Mr. Chalue stated the silt builds up quickly and the sedimentation ponds have to be cleaned out before every event.  

Glenn Colburn stated he went up to look at the site and was impressed with how neat and clean the grounds are kept.  The Commission wants to work with the Club for the benefit of the neighbors and the Club itself.  It is important that the Commission receives a copy of the plan and written details of the maintenance.  When the Commission has knowledge of what is going on it can respond to complaints from the downstream neighbors.  
 
Jim O’Connell stated the Club does perform routine maintenance on the erosion controls.

Leslie Duthie stated that is what the Commission wants details of the routine maintenance.   The nature of the events held at the site also affects the materials that come down and if the Club were to want to start up now it would not be allowed on this particular site because of the stream.  The Club is pre-existing and the Commission wants to work together with the Club to protect the stream and the properties downstream.  Leslie Duthie questioned if armoring the bank would help to cut down on the erosion?

Bob Chalue stated they have a winter closure plan that involves making cuts in the hill in several areas and putting in hay bales and silt fences.  He stated the Club has been a good neighbor to the people downstream and did a lot of work for various families after the storm in October 2005 free of charge.
Diane Walsh stated they did not anticipate that the storm would be as bad as it was.

.Leslie Duthie stated there needed to be more communication between the Club and the Commission and a good starting point was a plan and a written maintenance plan.

Mr. Chalue agreed that more communication was necessary.

Leslie Duthie stated the area has experienced four storms in the last 5 or 6 years that have exceeded the 100 year storm limit.  The Commission wanted to meet informally to work together to resolve the erosion issues.  She asked the Club to come to back in a month and bring the plan that Russo Associates put together and a written maintenance schedule.

Bob Chalue stated the Club is low on funds and still has to purchase hay bales and silt fence for the winter.  

8:20  The Commission ratified the Emergency Certifications for road/flood repair as a result of Storm Hanna performed by Town of Monson, Highway Dept. at the following locations:

    1.  Chestnut Street east of the bridge -   Replaced roadway pavement, curbing and rip      
          rap shoulder.

2.      Carpenter Road near 101 Carpenter Road – Pavement repaired and shoulder rip rap replaced.

3.      Reimers Road by 165 Reimers Road  -  Gravel road repaired, shoulder, rip rap and headwalls repaired.

4.      Maxwell Road near 44 Maxwell Road – Pavement repaired.

5.      Ayers Road by Utility pole 23 -  Repaired pavement and headwall washout.

6.      Bradway Road 600 feet from Hampden Town line – Repaired pavement, shoulder rip rap washout and stabilized guardrail.

7.      Bunyan Road at the bridge – Repaired undermined pavement, replaced rip rap and poured concrete by undermined timber beams.

8.      Wood Hill Road 300’ south of Pinnacle Road – Repaired pavement and rip rap shoulder washout and repaired headwall damage.

9.      Cedar Swamp Road by 300 – 324 Cedar Swamp Road – Repaired road asphalt washout and shoulder rip rap washout.

10.     Wales Road by 88 Wales Road – Repaired large shoulder embankment washout with large boulders and stone tailings and repaired undermined guardrail.


8:40  MAIL

1.      Charles Richards received the extension for Orders of Conditions on Lots 36 & 37 Heritage Lane.

2.      CIL Realty received the Certificate of Compliance for 3 McCray Circle.

3.      Notice that the Commission would shortly received a new map from Natural Heritage & Endangered Species Program.

Glenn Colburn stated he noticed the new owner of 55 Reimers Road was encroaching into the bordering vegetated wetlands in the fenced in area for his horses and across the street they have put up a small building that is in the BVW.  He suggested sending a letter to inform them that certain work on the property is taking place in areas subject to protection under the Wetland Protection Act and ask them to meet informally with the Commission.  Additionally at 62 Reimers Road the Commission issued a Determination with conditions for work that included the improvement of a driveway.  It appears the work has not been completed according to the plan and the conditions set by the Commission.  A letter will be sent to the property owners.  

Leslie Duthie updated the Commission on the progress with the attorneys and Vincent Falkowski.  There appears to be problems with the language that the Commission wants in the restriction.  This has been going back and forth and it is wearing.  Ms. Duthie asked the Commissioners what they wanted to do.  

The consensus of the Commission was that the restrictions were not onerous and not different from other restrictions given willingly by other land owners.  The language in the restriction allowed Mr. Falkowski the peace and quiet he spoke about over and over again and allowed certain uses of the property for passive recreation, timber harvesting, but the establishment of a building envelope and restriction regarding one house and construction only within the building envelope was critical.  

The Commission signed the Order of Conditions for the culvert replacement at the corner of Stebbins Road and Upper Palmer Road, Town of Monson Highway Department.

Leslie Duthie discussed the forest legacy program.  She has worked with Chris Rodstrum, Trustees of Reservation and they have put together a list of interested property owners that has the potential to protect a great deal of land.

The Commission signed the Order of Conditions for Lot 2 and Lot 3 Carpenter Road.  The Special Conditions were similar in both Orders, turtle barrier to be in place before a certain time if not the area must be swept by a biologist before any work commences.

Leslie Duthie moved to approve the minutes of Sept. 10, 2008.

Glenn Colburn seconded the motion.

It was so voted unanimous.

9:30 Leslie Duthie moved  adjourn.

Davis Johnson seconded the motion.

It was so voted unanimous.

Respectfully submitted,


Linda A. Hull