MONSON CONSERVATION COMMISSION
MINUTES SEPTEMBER 29, 2010
MEMBERS PRESENT: Leslie Duthie, Glenn Colburn and Derek Strahan.
MEMBERS ABSENT: Davis Johnson
7:00 The Commission signed the bill schedule.
7:10 The Commission issued Certificate of Compliances to Bedrock Financial, LLC for property on Bethany Road. The Order of Conditions for the earth removal project with DEP File # 228-0298 notes that the on going conditions on this project are shown on DEP File # 228-0321. The work conditioned in the Order of Conditions 228-0298 was not started because the nature of the project changed significantly. Due to the economic downturn the project changed from a small sub-division of 9 single family homes to four standard frontage lots for single family homes. The work for the revised project was conditioned under DEP File # 228-0321 and the on going conditions for this project are listed on the Certificate of Compliance.
Leslie Duthie moved to issue a Certificate of Compliance for both projects.
Glenn Colburn seconded the motion.
It was so voted.
7:15 RFD 57 Munn Road Paul Hatch. The request before the Commission is for the area and work associated with the installation of solar panels on a structure yet to be built.
Leslie Duthie stated she met with Mr. Hatch and looked at the proposed site of the structure that will be used to mount the solar panels and saw what is identified on the maps as a potential vernal pool.
Paul Hatch stated there is a stone lined pond that is spring fed and was probably used at one time for cattle and on the other side of the property is a detention area. The structure for the solar panels will be sited near the stone lined pond that has the potential to be a vernal pool. The structure will have a 40’ x 15’ roof area for a 9.5 kw system.
Leslie Duthie stated the detention area is of more concern than the stone lined pool but it is over 100 feet away from the proposed work and therefore not jurisdictional. The stone lined pool area is small and dry at this time. There are some trees that will have to be removed and replaced with small shrubs.
Paul Hatch stated he really does not want to cut the trees but could not put the structure further back and he did not want to move it to the south, as it would be closer to the more important wetland areas.
Glenn Colburn questioned if the detention area was jurisdictional or road run off?
Leslie Duthie stated the Commission looked at the property across the street that has a fairly substantial wet area because the property owners wanted to build a barn. The structure was built away from wetland and closer to the house.
Paul Hatch stated water comes down the swale that is on the side of the road and flows onto his property and the property across the street. There is a lot of silt coming off of the road which is why there is a detention basin.
Glenn Colburn stated he would agree with Leslie Duthie that the work is not jurisdictional because it is 140 feet or so from the from detention basin.
Paul Hatch stated three trees have to be removed to accommodate the solar panels.
Glenn Colburn stated he did not believe the stone lined pool was large enough to be identified as isolated land subject to flooding.
Leslie Duthie moved to give a negative determination for both area and work, this is not an area subject to protection under the Act and the work is not subject to the Act.
Derek Strahan seconded the motion.
It was so voted unanimous.
7:45 MAIL
- Request for Certificate of Compliance for 203 Wales Road, Gary Scott.
Leslie Duthie stated the Commission would make a site visit.
7:30 NOI East Hill Road Kim Koran continued. Leslie Duthie stated she had written a letter and it was on record that she had a potential conflict of interest because during the summer holidays her daughters work for the applicant’s parents. Ms. Duthie stated if the applicant had no objection to her acting as a Conservation Commissioner in the determination of this project she intended to execute the restrictions of the Wetland Protection Act in a fair and consistent manner.
John Prenosil, JMP Environmental stated his client was aware of the potential conflict and had no objections to Ms. Duthie acting as a Conservation Commissioner in the determination of this project.
John Prenosil submitted plans showing the revised septic plan for the proposed single family home.
Leslie Duthie stated the lot is flat in the front and drops off at the back with an existing stone wall marking the edge of the wetland area. There are a lot of different kinds of vegetation and the wetlands are further back on the property.
John Prenosil stated there is a small finger of wetlands that turns back to upland and then transitions back to wetlands.
Leslie Duthie stated the proposed house is located more to the back of the property where the slope drops off. She questioned if the house would have a walk out basement?
John Prenosil stated he did not know.
Leslie Duthie stated the lot has distinct areas the front is field and there is wooded vegetation toward the back. The limit of work will come right up to the stone wall.
John Prenosil stated it is about 35 feet to the wetlands from the stone wall.
Glenn Colburn questioned if the trees were providing a lot of shade?
John Prenosil stated he did not believe so, as it was pretty open with third and fourth growth mixed deciduous forest.
Leslie Duthie stated she agreed with Mr. Prenosil that because it is fairly open cutting the trees would not affect the wetlands but she believed a fair amount of fill would be needed.
John Prenosil stated they would seed the slope with a non invasive seed mix.
Glenn Colburn stated the erosion control around the back of the work is also the work limit line and behind the house the stone wall acts to permanently identify the wetlands.
Leslie Duthie stated in general she agreed with Glenn Colburn that it was close in the back and from a conservation point of view it would be better to move the house forward.
Glenn Colburn stated in general he believed the interest of the Act had been satisfied.
Leslie Duthie stated she would have no problem if the property owners wanted to mow the area to be seeded with a conservation mix once a year to keep the growth down. The stone wall is the limit of work and also acts as a permanent wetland boundary marker and no work or disturbance behind the septic system.
Leslie Duthie moved to close the hearing and issue an Order of Conditions.
Derek Strahan seconded the motion.
It was so voted unanimous.
8:15 MAIL
- NOI 146 Bumstead Road William Skillman. Solar panel conduit going under intermittent stream.
- RFD Michael Keogh 11 Carpenter Road. Septic system to replace failing system.
- Art Goneau Silver Street and Karen O’Toole Beebe Road received their Determination of Applicability.
- New England Power Company filed with Natural Heritage & Endangered Species Program for work involved with an update of their transmission lines from Fenton Road across country to Hampden. NHESP comments include the applicant must develop a conservation plan and avoid or limit impacts to endangered species habitats.
- Forest cutting plan for Norcross Wildlife Sanctuary for property on Childs Road.
- Various building permits.
The Commission discussed the land that is in Monson off of Thayer Road that the Wilbraham Conservation Trust would like to give to Monson.
A vote on the minutes of the meeting held on Wednesday September 8, 2010 was deferred until the next meeting.
Leslie Duthie moved to adjourn 8:55 P.M.
Glenn Colburn seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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