MONSON CONSERVATION COMMISSION
MARCH 11, 2009
MEMBERS PRESENT: Leslie Duthie, Glenn Colburn, Donald Lambert and Davis Johnson
7:00 Leslie Duthie stated she received a call from Atty. Marwan Zubi, counsel for John Chaves regarding the enforcement order issued by the Commission. Atty. Zubi questioned if any work was allowed under the enforcement order?
Leslie Duthie stated she made it clear that the enforcement order prohibited any work occurring on the property until a valid Order of Conditions was in place and duly recorded at the Registry of Deeds.
The Commission received an update regarding the water runoff on Mr. & Mrs. Batch’s property on Country Club Drive. Diane Batch brought her concern to the Monson Planning Board regarding the increased amount of water in her back yard since the development of Quaboag Heights. In response to her concerns the Planning Board required the developer to survey the portion of his property abutting the Batch property to determine if the final grading and slopes in that area meet the design approved by the Planning Board. Smith Associates performed the work and the “as built” plan shows that the slopes and grade correspond to the design plan. It was the determination of the Planning Board that while they would agree there is more water now it is not coming from the development.
Mrs. Batch was advised to speak with State Forrester Carmine Angeloni regarding a logging operation that was possibly causing the problem. Mrs. Batch stated she spoke with Mr. Angeloni and he did not agree with the Planning Board’s assessment of the situation.
Leslie Duthie stated she would call Mr. Angeloni because a homeowner on Woodridge Road called the Commission about a problem with water in her basement that has not happened before. Woodridge Road is up-gradient of the development and it was felt that the logging operation was causing this problem.
7:30 Stebbins Road, Thomas Templeman met with the Commission for an informal discussion relating to wetlands on his property. He explained that he has approximately 2,290 feet of road frontage along Stebbins Road and has received an assessment from the Monson Assessors office for five building lots. Mr. Templeman stated he met with the Assessors and they walked his property but they were unable to change the assessment without something in writing from the Conservation Commission. He stated he attended a seminar run by the Assessors explaining the filing procedures and benefits for someone with a large parcel of land to put the land in Chapter 61A or Chapter 61B. He made the decision not to put his land into the Chapter because of the large wetland area and the brook that runs across most of
the frontage. He reasoned that because of the wetlands the land was unbuildable. He stated he regrets that decision because he has learned that the presence of wetlands does not automatically mean you cannot build and must now wait a full year before getting into the Chapter and must still pay the assessed taxes. He asked the Commission to write a letter to the Assessors stating be could not build because of the wetlands and provided photographs of the property.
Leslie Duthie stated similar to the Assessors the Monson Conservation Commission cannot just write a letter stating the land is unbuildable without first having all of the proper documentation. This involves a surveyed plan of the land, delineation of all of the resource areas including the rivers area and filing a Notice of Intent.
Mr. Templeman stated he has no intention of building on the property now or in the future and wanted to protect the land.
Leslie Duthie stated Chapter 61 offers a tax break for recreational or forestry land and people who have larger parcels of land sometimes use that program to reduce the taxes. It does not protect the land permanently and lots can be divided out and roll back taxes paid to the Town. A Conservation restriction is permanent and stays with the land in perpetuity. Nothing can be built on the area of land that has a conservation restriction but it can still be logged and used for recreation. A Conservation Restriction involves surveying the land and performing appraisals to determine a value so there is a significant cost to that. If the land is put into Chapter 61 there is no necessity for a survey or appraisals but it does not permanently protect the land. She stated Mr. Templeman has some
decisions to make for the future protection of his property but that does not address the relief of his tax burden at this moment.
Glenn Colburn questioned the amount of road frontage on the property at the point before the stream crosses Stebbins Road?
Mr. Templeman stated approximately 800 feet.
Glenn Colburn stated he was somewhat familiar with the property and there is a large area of bordering vegetated wetlands that makes up part of the frontage Mr. Templeman identified. It is questionable if he could meet the performance standards of 310 CMR 10.55 (4), not more than the loss of 5,000 square feet of BVW.
Davis Johnson stated he believed a site visit would be helpful.
Glenn Colburn stated he would agree with Ms. Duthie that without a filing and proper documentation and delineation of the wetlands it would not be possible for the Commission to write a letter stating that the land was unbuildable. However, if the Commission made a site visit and was able to come up with a reasonable determination as to the size of the BVW it would have a better insight as to whether Mr. Templeman could meet the performance standards.
Leslie Duthie stated she would agree that a site visit would certainly give the Commission a better understanding of the property, but she reiterated her concern that without proper documentation she was uncomfortable writing a letter to the Assessors or Mr. Templeman that the land was unbuildable. She stated depending on the site visit she would be comfortable stating something to the effect that based on the Commission’s observations it believed Mr. Templeman had two or three buildable lots and not five.
The Commission agreed on a site visit for Wednesday March 18, 2009 at 5:00 P.M.
8:15 MAIL
- Return receipt for the enforcement order issued to John Chaves.
Leslie Duthie stated she had already updated the Commission regarding the call from Atty. Zubi and for the record the Enforcement Order would only be lifted after the Commission receives proof that a valid Order of Conditions has been recorded at the Registry of Deeds.
- Right of Way herbicide management for CSX rail line.
- Notice of a meeting of the Chicopee River Watershed Council at the Palmer Town Hall on March 19, 2009.
- Various building permits.
Leslie Duthie stated she would contact Leo Cortina regarding the acquisition of some of his land around what used to be the Monson quarry. It would be a good project for a Self Help Grant and CPA money.
Davis Johnson agreed stating not only was this area a part of Monson’s history but the Monson cross country team uses the area.
8:30 The Commission signed an Order of Conditions for Bedrock Financial, LLC for the creation of four building lots along Bethany Road.
Glenn Colburn moved to accept the minutes of February 18, 2009.
Davis Johnson seconded the motion.
It was so voted unanimous.
8:30 Davis Johnson moved to adjourn.
Glenn Colburn seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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