MONSON CONSERVATION COMMISSION
MINUTES JULY 7, 2010
MEMBERS PRESENT: Glenn Colburn, Derek Strahan, Davis Johnson and Leslie Duthie.
7:10 Davis Johnson moved to accept the minutes of June 16, 2010 as presented.
Glenn Colburn seconded the motion.
It was so voted unanimous.
MAIL
- Walter McLaughlin submitted the language for a deed restriction for property on Lower Hampden Road.
The Commission reviewed the draft language and unanimously approved the deed restriction.
- Walter & Martha McLaughlin received the Order of Conditions for Lower
Hampden Road.
- Copy of financial statement.
4. Copy of permit to trap Beaver at 12 Mile Brook issued to Monson Highway Dept.
5. Copy of Forest cutting plan for 40 acres on Lower Hampden Road owned by LHR
Realty.
6. Copy of MACC News.
7. Notification from VHB of the replacement of 14 existing National Grid utility
within their existing ROW on Wales Rd, Maple St, Old Wales Rd., Robbins Rd.,
8. Various building Permits.
7:30 RFD Reimers Road and Nieske Road, Monson Highway Dept.
Donald Frydryk stated the Request for Determination is for two separate sites one on Reimers Road and the other on Nieske Road and involves road paving. The work on Reimers Road involves paving and roadside improvements on a section of the road approximately 1,600 feet northerly of Nieske Road. It has been determined that this area is an area of concern for Natural Heritage and the Town has filed with NHESP. All of the work is within the roadway limits and along the shoulder of the road. The roadside improvements consist of construction of rip rap swales and spreaders, grading, seeding and stabilizing shoulders and slopes.
The work on Nieske Road (Area 2) includes paving the existing gravel surface and stabilization of the small shoulder along the sides of the paved surface westerly of the existing culvert under Nieske Road. The work on Nieske Road is within the buffer to bordering vegetated wetland, within the 200 foot rivers area of Twelve Mile Brook, within the limits of the 100 year flood plain and within priority habitat of rare species as shown on NHESP map. There are wetlands on both sides of the road and the entire area is in the buffer zone, however, the work is within the limits of the roadway and shoulder and does not come any closer to the wetlands than pre-existing conditions. The Flood Insurance Rate Map (FIRM) shows the work to be in Zone A, but no base flood elevation has been determined in this area by FIRM. Based on a plan entitled “Nieske Road Bridge Replacement, Monson, Massachusetts” by Vanasse Hangen Bruslin, Inc. (VHB) dated 10/30/1998 the 100 year flood plain elevation was
estimated to be at an elevation of 100.6. Calculations were performed to approximate volume change within the approximate flood plain. These calculations show an increase in fill along the roadway of about 25 cubic yards below the VHB estimated 100 year flood plain elevation. It is difficult to determine an exact pre-existing roadway surface due to the nature of gravel road surfaces constantly eroding and being graded and filled and therefore difficult to calculate an exact amount of change in the flood storage volumes. Assuming the calculation is correct 25 cubic yards distributed over the entire flood plain area would result in an increase of the estimated flood plain elevation of less than 1/64”.
Donald Frydryk stated as the Commission is aware paving of the work area mistakenly occurred prior to filing for the work.
John Morrell stated he believed this was something he could do without filing, as it was road work. He apologized for the mistake and the situation that he put the Commission in.
Donald Frydryk stated prior to the paving of this area over 1,000 linear feet of gravel road likely drained toward Twelve Mile Brook and the associated wetlands and flood plain. Using an average width of 15’ 25 cubic yards of fill would be approximately ½” deep over this 1,000 foot section of the road, due to erosion from traffic and runoff it is conceivable much more than 25 cubic yards of fill has eroded from the road surface on a yearly basis and ended up within the flood plain. It would appear that paving the roadway would help protect the jurisdictional areas and future flood storage capacity in this area.
Leslie Duthie stated going back to Reimers Road sediment is making its way into the stream.
Donald Frydryk stated the site is at the bottom of a slight hill.
Leslie Duthie stated there are existing run off areas and maybe the Highway Dept. could identify a couple more areas to divert water off of the road.
Glenn Colburn questioned if there were drainage easements in place for any of the properties?
John Morrell stated the areas where water is running off are existing and it is not proposed to create new run off areas. Mr. Morrell stated if he were to put in a new system and pipe water through someone’s property he would have to get a drainage easement. This project does not create any new areas of run off they are places that the water has historically run. Paving the road in this area will address the problem of water coming down the hill and eroding the gravel road surface. Mr. Morrell stated he was trying to eliminate the constant maintenance of the gravel road.
Donald Frydryk stated paving the roadway will reduce the amount of erosion and installation of the roadside swales and spreaders will further help erosion in this area and help collect the sediment in the runoff from the roadway.
Glenn Colburn stated small as the stream is it is pretty persistent will the spreader act as detention basin too?
Donald Frydryk stated the spreader is shallow but it will slow the water down.
Glenn Colburn stated walking the road it is obvious where the water is cutting along the side.
Donald Frydryk stated once the vegetation grows in it will handle the run off better.
Glenn Colburn questioned the maintenance of the structures?
John Morrell stated he has around eleven hundred catch basins and thousands of detention basins in Town there is no way to maintain them all. He stated he recently rented equipment to clean out the catch basins on Main Street but it is an expensive process. Mr. Morrell because of the fiscal constraints he has to address these issues little by little concentrating on the basins that pose the most problems.
Donald Frydryk stated the paving of approximately 1000 to 1100 feet of Nieske Road has already taken place and the Town is filing after the fact but is not proposing any more work other than what has already occurred. He stated he did not mark the wetland boundaries because this is basically a road through a wetland. There is an existing culvert crossing and all the work was within the rivers area of Twelve Mile Brook. The area is identified on the FIRM maps as Zone A which means FEMA has not defined the flood plain. Donald Frydryk stated as he previously described he used the VHB calculated flood plain in an attempt to establish if the paving created a diminished flood storage capacity and if so how much. The best guesstimate was an increase in the flood plain elevation of 1/64.
John Morrell stated he was grading Nieske Road every year and probably put back 25 cubic yards each year. One vehicle can cause significant erosion on a gravel road.
Donald Frydryk stated they had attempted to demonstrate that the road paving had not done any harm and if anything had helped the erosion problem. He respectfully requested a negative determination.
John Morrell stated at this moment in time water is going over the road because of a beaver problem.
Donald Frydryk stated the paving of Nieske Road is complete. Reimers Road still needs to be finished but nothing further will be done until Natural Heritage & Endangered Species Program responds.
Leslie Duthie stated they have 60 days to respond.
Glenn Colburn stated this is a similar situation to Reimers Road with water running down a steep pitch and then running off of Nieske Road down fairly steep banks channelizing the water into wetlands. Maybe there is an opportunity near property owned by Mr. Krupczak to put in a detention basin to catch some of the sediment before it ends up in the wetlands. Paving the road changed the character of the road and the way the water runs off this should be looked at because a detention basin can be cleaned out.
Glenn Colburn stated he would move to continue the meeting to hear back from Natural Heritage.
Davis Johnson seconded the motion.
It was so voted unanimous.
Leslie Duthie stated she had prepared a letter for Mr. Morrell on behalf of the Conservation Commission expressing its concern and disappointment that he started work paving these roads, expanding the width of the roads, grading road edges and working on drainage sites on Reimers Road without filing with the Commission prior to starting work. She stated this was a particularly stressful project for her because she went to the sites with Mr. Morrell only to find paving trucks sitting on the side of the road waiting to start work. Mr. Morrell is aware of when he should file and in the past has been told when in doubt contact the Conservation Commission. He is aware that these are sensitive areas and the Commission has worked very hard to improve what was once an adversarial relationship with the Highway
Department and to establish a mutual respect. Ms. Duthie stated the Commission feels that this was a breach of that respect. In order to rectify in some small measure this disregard for filing procedures the Commission asks that the Highway Dept:
- Install “Slow Turtle Crossing” signs on both roads at each end of the new pavement.
- Paint diagonal white lines and write “SLOW” on the pavement on Nieske Road at both ends of the new pavement.
- Understand that the next time the paving will not take place. The Commission will not allow another project like this to “slide” regardless of the cost to the Town.
Glenn Colburn stated now that Nieske Road has been paved vehicles will be traveling faster and these signs will alert motorists to take extra care.
The Commission expressed its disappointment that the DEP provided an opportunity for the Highway Department to file a simple RFD rather than a NOI for this project. The work involved in the project is beyond the scope of an RFD.
Leslie Duthie stated the Commission is not trying to make things difficult for the Highway Department but a good relationship between the Commission and the Department depends on both sides following the rules and respecting one another’s position.
Donald Frydryk questioned if John Morrell could do something on the road shoulder on Nieske Road to avoid a wash out?
Glenn Colburn stated Mr. Morrell should give the Commission details of what he wants to do.
John Morrell apologies to Ms. Duthie stating he did not set out to put her in a stressful situation.
Leslie Duthie stated moving on Mr. Morrell had contacted her about paving from Elm Street to underpass on Bliss Street.
John Morrell stated he would remove the existing pavement down to the gravel and remove the boulders, re-grade and pave. He estimated it would be a two day project.
Leslie Duthie stated she asked Mr. Morrell to speak with the Commissioners at a meeting in order to have everyone’s input. She questioned what the Commission wanted to do regarding a filing? The area of Elm Street to the underpass is within the riverfront area.
John Morrell stated Chicopee Brook is uphill from the low point.
It was the consensus of the Commission that a filing was required for the work.
Donald Frydryk stated he contacted the DEP and because there are no additional impacts to the resource areas was told that the work can be done under a Request for Determination.
John Morrell stated with the start of the new fiscal year Chapter 90 money is available and he is going to be working on Margaret Street and Upper Palmer Road. The work involves road paving and on a section of Upper Palmer Road approximately 900 feet from Stebbins Road extend the drainage that is there. Mr. Morrell stated he was reasonably certain there were no wetland issues.
Glenn Colburn stated on behalf of the Conservation Commission he would like to congratulate Monson’s Citizen of the year Leslie Duthie and thank her for the time and energy she devotes to the Commission and protection of open space in the Town of Monson.
Davis Johnson moved to adjourn at 8:45 P.M.
Glenn Colburn seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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