MONSON CONSERVATION COMMISSION
MINUTES AUGUST 18, 2010
MEMBERS PRESENT: Leslie Duthie, Glenn Colburn and Derek Strahan.
MEMBERS ABSENT: Davis Johnson
7:00 Chairman Leslie Duthie convened the meeting and the Commission signed the bill schedule.
The Commission received a letter from Nicholas Holland regarding land that has Agriculture Preservations. He will be checking Echo Hill Orchard and the Keep Homestead.
7:15 RFD 38 Palmer Road Brenda Lovell. The request is for a new water line from Palmer Road to a trailer that is located behind the house. During the winter the water line that went from the house to the trailer broke and water is now being supplied to the trailer by means of a water hose.
Leslie Duthie stated the property slopes steeply from Palmer Road to the house site. It is proposed to excavate for the water line in the lawn area, lay the line, backfill and seed. Along one side of the property is a paper street that was known as Old Wallace Road it is separated from the property by a stone wall.
Glenn Colburn stated it seems a pretty straightforward project Palmer Road separates the property from the river and the stone wall would protect anything eroding into the former road.
Glenn Colburn moved to give a negative determination for work in an area that is subject to protection under the act but will not fill, dredge or alter the site and does not require a Notice of Intent.
Derek Strahan seconded the motion.
It was so voted unanimous.
7:25 Leslie Duthie stated sadly Jean Porwoll a former member of the Conservation Commission passed away recently but left instructions in her will that a portion of her property be protected with a Conservation Restriction. Ms. Duthie stated she had spoken with the Attorney handling the estate and the land is to be preserved for wildlife, agriculture and silviculture. If the Commission cannot agree to the terms the land will go back to the Trust that Ms. Porwoll set up. The Attorney needs a letter from the Commission stating that it intends to abide by the terms of the will to preserve the land for wildlife and agriculture and restrict development.
Glenn Colburn stated that funds would be needed to maintain the property similar to the endowment for Carpenter Road. He questioned if CPA funds could be used for something like this?
Leslie Duthie stated she would look into it.
7:35 NOI 20 Chestnut Street, Kevin Byrne, DEP File No 228-0328. Keith Terry, Sherman & Frydryk, Land Surveying & Engineering was present with the applicant Kevin Byrne.
Mr. Terry submitted revised plans that addressed the questions raised by the DEP in its review of the project. He stated Mr. Byrnes owns a large portion of land that he wants to divide into two having a smaller building lot with a single family home toward the front of the property leaving the rest for himself with his existing home. Town water and sewer is available to the new home and a grass lined spreader is proposed to pick up any run off coming from the driveway. There is a river across the street and a small brook that runs along the side of the Byrne property and the 100 and 200 foot river areas are marked on the plan. The intention is to redevelop an area that was previously disturbed. The location of the proposed new house is at elevation 365 and will be lowered to elevation 363 by
removing the steep embankment left from an old gravel operation many years ago. The property abutting this parcel to the east has been the subject of a Notice of Intent and an earth removal operation has just been completed. The proposed work will not cause any disturbance closer to the river than previously disturbed. The proposed disturbance in the riverfront area is less than 10% following the requirement of less than 10% for redevelopment. Mr. Terry stated it is understood that there is room to put the development further back but the proposal is to provide a Conservation Restriction in the back of the property in a 2-1 ratio. The proposed Conservation Restriction area will abut the Conservation Restriction area on the abutting property owned by Bedrock Financial, LLC.
Kevin Byrne stated it was his intent to enlarge the Conservation Restriction area at the rear of the property and at the same time stop damage to the area being caused by ATV’s. It is private property and no one should be riding there. Mr. Byrne questioned if he could remove some large dead pine trees?
Glenn Colburn questioned if they were close to any homes or the proposed site of any homes?
Mr. Byrne stated no.
It was the consensus of the Commission that if they posed no danger to any homes they would not permit them to be taken down as they provide habitat for birds and mammals.
Mr. Byrne questioned if he could place the conservation restriction on the land in his grandson’s name.
Leslie Duthie stated she did not see a problem with that.
Mr. Byrne stated that the removal of the hill would make it easier to get out of his driveway.
Leslie Duthie stated she remembered speaking about that when Mr. Byrne’s built his house. Ms. Duthie questioned if the proposed grass spreader would be connected to what was proposed on the abutting property owned by Bedrock Financial LLC?
Keith Terry stated originally the plan was to have a detention basin on this lot. The proposal now is to have a grass spreader. The lot will be graded with a gentle slope down to the spreader.
Leslie Duthie and Glenn Colburn expressed concern that they believed the detention basin was to be permanent and questioned if the grass spreader would be able to handle the run off?
Keith Terry stated the previous plan was created using a benchmark that they have since discovered was wrong. Using the correct benchmark the proposed location of the building will only be a four foot difference in elevation and that will not cause water to shed off.
Glenn Colburn questioned if it was adequately sized to catch anything coming off of the lot?
Keith Terry stated yes.
Leslie Duthie stated it appeared as though Sherman & Frydryk had answered DEP’s questions. The finished grade will match the flat area behind the existing barn. She stated she would agree that this is re-development.
Glenn Colburn stated he would also agree with that. The applicant is just trading one house for another that is in a different location and with a gentler slope.
Glenn Colburn moved to close the hearing and issue an Order of Conditions.
Derek Strahan seconded the motion.
It was so voted unanimous.
Leslie Duthie asked Keith Terry to give the Commission a plan showing the reconfigured conservation restriction area and the placement of markers to identify the restricted land.
8:20 RFD Nieske Road and Reimers Road Town of Monson, Highway Department continued.
Keith Terry stated Natural Heritage & Endangered Species Program has responded that based on the documents submitted the project will not result in a “take” of state listed rare species. The last remaining issues for the Commission was the addition of two grass spreaders one each side of Nieske Road that will be on Town property.
Glenn Colburn stated that he was satisfied. Glenn Colburn moved to issue a negative determination for work in a resource area that will not remove, alter, fill or dredge the area and does not require the filing of a Notice of Intent. The condition discussed at the previous meeting relating to slow turtle crossing signs should be included in the determination.
Derek Strahan seconded the motion.
It was so voted unanimous.
8:25 RFD Bliss Street, Town of Monson Highway Department.
John Morrell stated he proposed to pave a small area of Bliss Street from the railroad underpass to Bridge Street.
Keith Terry stated the project qualifies as routine maintenance and repair.
John Morrell stated he would plan the work with a three day window although he expected it to be completed in two days.
Glenn Colburn questioned if it was proposed to grind the surface?
John Morrell stated there were stones under the existing asphalt and he would excavate the material keeping the same grade or a little lower under the underpass and then lay a base and top course.
Keith Terry stated NHESP reviewed the project and found that it will not result in a “take” of rare species.
Glenn Colburn moved to give a negative determination for work that will not fill, dredge or alter and area subject to protection under the act and does not require the filing of a NOI.
Derek Strahan seconded the motion.
It was so voted unanimous.
Glenn Colburn stated he wanted to bring to Mr. Morrell’s attention that on Reimers Road it looked as though work was done on the upstream side that involved cleaning the ditch out for about 100 feet going east.
John Morrell stated the only place that he could think of was where they removed the beaver dam. He stated he told his men to go back with shovels to alleviate the problem on the east side of the road because it was still flooded.
Glenn Colburn stated this was the drainage ditch running to the culvert and it appeared that someone went in with a backhoe and put the dirt on the side. It had been done recently within the last week or two. Mr. Colburn stated the Commission has been lenient with it comes to the removal of beaver. The reality is there should be a plan and a narrative detailing how the dam is to be gradually lowered. This looks like work in the resource area.
Mr. Morrell stated he would check with his men.
Leslie Duthie stated she believed it was time to revisit the issue of a generic Notice of Intent.
8:45 NOI East Hill Road Kimberly Koran for work associated with the construction of a single family home, driveway and septic system.
Glenn Colburn moved to continue the hearing because of the lack of a quorum.
Derek Strahan seconded the motion.
It was so voted unanimous.
8:50 RFD Silver Street, Art Goneau continued. Leslie Duthie stated she stopped and looked at the intermittent stream.
Art Goneau stated it is road run off created when the Town Highway Department changed the drainage system.
Leslie Duthie stated it appeared there was a considerable amount of wetland vegetation on one of the lots. The request before the Commission is if the area is subject to protection the applicant has not filed for any work. The request covers two lots, one is a concern the other is not.
Glenn Colburn stated he would like to make a site visit.
Leslie Duthie stated she would contact Davis Johnson about the site visits.
Glenn Colburn moved to continue to September 8, 2010.
Derek Strahan seconded the motion.
It was so voted unanimous.
8:55 NOI Lower Hampden Road, Arthur & Patricia Stone. The Notice of Intent is for construction of a single family home, driveway, septic system and barn. Michael Pietras, Engineering & Land Solutions, Inc. was present representing the applicants. Mr. Pietras stated the site is 2 acres in area with 290 feet of frontage. Joe Petronino was the consultant who mapped the resource area and riverfront area. Mr. Pietras stated he had spoken with David Foulis at DEP because he believed this was redevelopment of the lot because it was cleared in 1993. Mr. Foulis stated the house would qualify but the barn would not.
Glenn Colburn stated the lot would have a steep driveway going down from the road. He did not see a major issue with this.
Leslie Duthie agreed but stated she wanted to see permanent bounds marking the riverfront area and permanent bounds marking the bordering vegetated wetlands.
Mike Pietras questioned if he could submit the plan showing the permanent bounds after the foundation for the house is in?
The Commission said that would be acceptable.
Leslie Duthie stated the Commission would wait to hear from NHESP, as they had sent a letter to the applicant looking for additional information. The revised plan showing the existing and proposed tree and vegetation clearance appears to satisfy DEP’s questions. Additionally the question of total disturbance seems to have been satisfied. Ms. Duthie stated once the Commission receives the review from NHESP she believed it would have enough information to write an Order of Conditions.
Glenn Colburn moved to continue to hear from NHESP and if the review did not create more questions he believed the Commission would be able to formally close the hearing at the September 8, 2010 meeting.
Derek Strahan seconded the motion.
It was so voted unanimous.
Leslie Duthie stated she received information that the wood transfer station on Bethany Road was in the process of putting in a tank for refueling trucks.
The Commission received information from the Building Department that Dennis Mott met with the Building Commissioner because the tank was installed without any permits. Mr. Mott stated the tank has not been filled and will not be filled. The Building Commissioner reviewed the Water Supply Protection District bylaw and the installation of the tank does not comply with the Zoning Bylaws.
The Commission received a call from Paul Winkler, Butler Road regarding the overflow from his well. This is an on going situation and the Commission has previously met with Mr. Winkler to discuss the situation and came to the decision at that time to wait and see what affect the changes to Lower Hampden Road would have. Mr. Winkler has indicated that the problem is still there and he would now like to pipe the overflow from the pond into the culvert. Mr. Winkler has already proposed something similar to the Commission and it was not an accepted solution at that time. Leslie Duthie stated she would contact Mr. Winkler and tell him that his proposal is still not an acceptable solution.
9:35 MAIL:
- RFD 54 Beebe Road, Karen O’Toole
- Copy of MACC
- Foreclosure notice re: 10 ½ Robbins Road.
- Copy of pre-construction meeting minutes for the Park Avenue project
Leslie Duthie updated the Commission on the Opacum Land Trust’s fundraising effort for the Flynt Quarry lands. The economy is making it very difficult and there is a short fall of $38,000.00. Several grants are still open and the Trust is waiting to hear if it was successful meanwhile other options have to be explored. Ms. Duthie stated she has spoken with the Community Preservation Commission to enquire if the Conservation can reapply for funds. The Conservation will have approximately $30,000.00 from the CPA monies and she questioned if the Commission would be willing to use money from its Land Acquisition Fund to cover the shortfall with the understanding that if the grants are successful and when the Commission receives its CPA money the land acquisition fund would be reimbursed.
Glenn Colburn stated too much time, money and effort has been put into the Flynt Quarry project to let it flounder, additionally money would also be needed for maintenance of the conservation restriction on Jean Porwoll’s land.
Glenn Colburn stated he would not be available for the September 8, 2010 meeting.
Derek Strahan stated he wanted to give the Commission advanced notice that he would be moving to West Springfield at the end of the year.
Leslie Duthie stated the Commission will be sorry to lose Mr. Strahan he has attended every meeting and has worked hard to educate himself on the intricacies of the Wetland Protection Act.
Glenn Colburn moved to accept the minutes of July 7, 2010 as presented.
Derek Strahan seconded the motion.
It was so voted unanimous.
Leslie Duthie moved to adjourn at 10:00 P.M.
Derek Strahan seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
| 
