MINUTES MONSON CONSERVATION COMMISSION
FEBRUARY 18, 2009
MEMBERS PRESENT: Leslie Duthie, Glenn Colburn, Davis Johnson and Donald Lambert.
7:00 Butler Road/Lower Hampden Road, Paul Winkler. Mr. Winkler met with the Board to discuss property he owns on the corner of Butler Road and Lower Hampden Road. He stated there are wetlands along the front portion of the property on Lower Hampden Road and an existing pond. There were problems with the old well and the decision was made to drill a new well and put in a new septic system. The new well is located 5 feet from the old well, water was located at 80 feet but the decision was made to go down deeper. The well was put in two years ago and since that time has flowed continuously. The well is close to the pond and the overflow from the well has caused the pond to overflow. Highway Surveyor John Morrell was concerned that the overflow would spread out onto Lower Hampden and
Butler Road and cause a serious icing problem. Mr. Winkler stated he met with John Morrell and Lorri McCool, Health Inspector to try to come up with a solution. One solution would be to direct the overflow from the well to the wetland area that extends along the frontage on Lower Hampden Road. Another option would be to wait and see what happens when the work on Lower Hampden Road is finished. Mr. Winkler stated he has kept a watch on the situation and to this point the water has not spread across the road. The elevation of the road is going to change and will be higher in this area than it is now. If the water is not going across the road now and the road is going to be built up that could be the solution.
Leslie Duthie stated Donald Lambert looked at the site after Mr. Morrell voiced his concerns that the potential was there for a serious icing problem.
Donald Lambert stated when he went to the site the well drillers were there.
Paul Winkler reiterated that to date the water has not spread across Lower Hampden or Butler Road. The water table is high in this area and the cellar of the existing home is always wet. Some time ago Mr. Morrell gave permission for the sump pump in the cellar of the house to be tied into the Town drainage that runs under Butler Road and then down into the brook.
Leslie Duthie stated the Commission would not be in favor of linking the overflow from the well into the storm drains and then into the brook. She stated there is a silt fence on the site that has dropped and the water from the overflowing well is running into the pond. The well has been in for a couple of years and nothing has grown obviously it is difficult to get vegetation growing and the concern was that silt could end up in the pond.
Mr. Winkler stated the pond never goes dry because of an underground spring but with the new well constantly running more water is going into the pond. He stated he would prefer the option to wait and see what happens when the road grade is raised. If that does not solve the problem he would file and work with the Commission to direct the water into the existing wetlands.
Leslie Duthie stated she would agree with Mr. Winkler that it was preferable to take the wait and see approach.
Davis Johnson stated the silt fence that is there is obviously not keeping siltation from going into the pond putting in some plants would help.
Leslie Duthie agreed stating wetland plants would flourish in this area. There are cattails already on the property and as long as no invasive species are planted the Commission would not have a problem. There are places that specialize in wetland plants and if Mr. Winkler had any problem locating them just give the Commission a call.
7:30 NOI Bethany Road Bedrock Financial, LLC. Also present was Donald Frydryk, Sherman & Frydryk, representing the applicant.
DEP has issued a file number 228-0321 with comments.
Donald Frydryk stated based on the comments from DEP it would seem they did not understand this was a previously degraded area. He stated he would respond to DEP.
Mr. Frydryk stated the Commission previously approved a plan for a nine lot subdivision but due to the economy Mr. Joyce decided to change the project and instead of a road with nine house lots proposes four frontage lots along Bethany Road. The wetlands on this plan are the same as shown on the subdivision plan, a perennial stream across the road, bordering vegetated wetlands along the south and north side and flood plain; although with this plan no work is proposed in the flood plain. The revised plan shows there is more disturbance in the rivers area because of the earth removal necessary along the frontage of the lots. A portion of the rivers protection area along the frontage of three of the lots has been previously excavated and currently has steep slopes around the excavated area. The work will
result in approximately 31,585 square feet of disturbance within the riverfront area. Each driveway has a swale with a spreader so the water will not pour down onto Bethany Road, but instead spread out and sheet flow down to the road. The water runs there now, it will still run there after construction of the driveways but in a more controlled manner. The run off from the property onto Bethany Road has not been increased. To mitigate for the disturbance in the river area Mr. Joyce proposes a conservation restriction on the lots when the deeds are transferred. The conservation restriction area covers approximately 61,500 square feet. Mr. Joyce will have to file with EPA because the area of disturbance is over 1 acre.
Leslie Duthie questioned why vegetated swales are proposed? When the Conservation Commission looked at this for the nine lot subdivision the applicant proposed rip rap swales.
Mr. Frydryk stated for aesthetic reasons Mr. Joyce preferred a vegetated swale in the front yards. He stated he attended an erosion control seminar and learned about a new product made from plastic that looks similar to a plastic cone. The grass goes into it and the plastic material holds the integrity of the swale.
Leslie Duthie stated she would agree that this plan proposes to impact the regulated areas less than the subdivision plan.
Mr. Frydryk stated DEP commented that a) not enough was done on the alternatives analysis and b) there is over 5000 square foot of disturbance in the river front area. He stated they have gathered more data for the alternatives analysis including multiple listings for the Town of Monson, if the number of lots were to be reduced based on what was paid for the property it would not be cost effective. With regard to the second comment Mr. Frydryk stated they believed that this is classified as redeveloped area and taking into consideration it is proposed to place a conservation restriction on 61,500 square feet of the property believe it is a fair trade.
Leslie Duthie stated she preferred the frontage lots because most of the disturbance will be in a previously disturbed area. She stated she did have some concern regarding the grading.
Donald Frydryk stated they propose a 3-1 slope with erosion control matting.
Leslie Duthie questioned if the conservation restriction area would be marked?
Donald Frydryk stated it would be on the ANR plan when that is submitted and when Mr. Joyce conveys the lots will be in the deeds. He stated if the Commission had Conservation markers they would place them in the field.
Leslie Duthie stated the Commission would provide the markers and thanked Mr. Frydryk for offering to locate them on the property. She stated she believed the Commission had enough information to put together an Order of Conditions, and believed the applicant had satisfied DEP’s comments.
Leslie Duthie moved to close the hearing and issue an Order of Conditions.
Glenn Colburn seconded the motion.
It was so voted unanimous.
8:25 MAIL
- Copy of a MESA filing with Natural Heritage & Endangered Species Program from Heather Panico, Stafford Hollow Road.
- Copy of the recording of the Certificate of Compliance for property on Crow Hill Road from Sean Finnegan.
- Copy of a letter from John Morrell to Albert Stegemann, P.E. District Highway Director re: Lower Hampden Road.
Leslie Duthie stated Mr. Morrell is requesting funds from the Economic Stimulus Package to complete Phase II of the Lower Hampden Road Project. Phase I comprising 2.4 miles starting at the Hampden Town line is currently underway and Phase II comprising 1.8 miles would start where Phase I ends and end at the intersection of Elm and Bridge Street.
- Forest cutting plan 22 acres on Bumstead Road, Stella Fergal.
- Forest cutting plan 6.5 acres Butler Road, Todd Ely.
- Various building permits.
8:40 Hovey Road, Miller property. Leslie Duthie stated the Commission has been patient with the property owner Raymond Miller and John Chaves the contractor who proposes to remove material from the property. The Commission wrote to Mr. Chaves, his Attorney Marwan Zubi and Mr. Miller on August 6, 2008 regarding the delineation of wetlands on the property and the filing of a Notice of Intent with the Commission. Donald Frydryk, Sherman & Frydryk, Land Surveying & Engineering spoke with the Commission on August 6, 2008 stating Mr. Chaves had retained their services for the wetland delineation. Since then the Commission has had no contact from Mr. Miller, Mr. Chaves or Atty. Zubi and has not received a Notice of Intent. The Commission stated clearly its intent to move forward with
an Enforcement Order should the process of filing a Notice of Intent stall.
Leslie Duthie moved to issue an Enforcement Order to cease and desist all removal of material from the site. The property owner must file a Notice of Intent with the Monson Conservation Commission and a Stormwater Management Plan with the Environmental Protection Agency.
Glenn Colburn seconded the motion.
It was so voted unanimous.
Davis Johnson moved to approve the minutes of December 3, 2008.
Glenn Colburn seconded the motion.
It was so voted unanimous.
9:00 Davis Johnson moved to adjourn.
Leslie Duthie seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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