MONSON CONSERVATION COMMISSION
MINUTES 12/1/2010
MEMBERS PRESENT: Leslie Duthie, Glenn Colburn and Davis Johnson.
MEMBERS ABSENT: Derek Strahan
ALSO PRESENT Christine Kellner
Leslie Duthie introduced Christine Kellner as a potential new member for the Commission.
Leslie Duthie stated she received aerial photographs from Mark Stimson, DEP showing the Quaboag Riders property on King Street. Mr. Stimson was notified of a wetland violation and sent the past and present aerial photographs to the Commission for comment.
Leslie Duthie and Glenn Colburn stated the members of the club have been extremely cooperative with the Commission in the past and judging from the photographs it does not appear that there have been any alterations since the Commission’s last visit. In the past the Commission has received complaints from residents at the bottom of King Avenue complaining about silt coming down from the Quaboag Riders property.
Leslie Duthie stated the silt does not come just from the hill climb it is coming from various sources. The Club has detention ponds to catch the sand from the hill because it is to their advantage to catch the sand and reuse it on the hill. The Commission typically makes a site visit in the spring, which is when in the past it has received the most complaints.
The Commission discussed a request from Charles Richard owner of Lots 36 and 37 Heritage Lane for an extension of the Orders of Conditions.
The Commission voted unanimously to extend the Order of Conditions for two years January 1, 2013 to conform to the Permit Extension Act, Section 173 of Chapter 240 of the Acts of 2010.
The Commission discussed a proposal from Charles Richard to donate Lots 38 and 39 Heritage Lane to the Conservation Commission.
Leslie Duthie stated speaking personally she would have no objection to accepting the land but Mr. Richards would be responsible for providing the survey, the appraisal and for all of the legal papers and expenses associated with this.
Glenn Colburn stated Lots 38 and 39 are the lots that caused the Commission the most concern and would be the most problematic to build on.
Leslie Duthie stated the Commission would ask Mr. Richard to mark the boundary between Lot 37 and 38 with Conservation markers when he starts work on Lot 37. To accept the lots everything would have to be completed and ready for the Town Meeting in May.
Leslie Duthie moved to accept the donation of Lots 38 and 39 if Mr. Richard should so chose with the understanding that all of the documents and expenses associated with the donation of land would be the responsibility of Mr. Richard.
Davis Johnson seconded the motion.
It was so voted unanimous.
Leslie Duthie moved to accept the minutes of October 20, 2010 with a correction to the last paragraph on page 1 change the word because to became.
Glenn Colburn seconded the motion.
It was so voted unanimous.
7:50 Leslie Duthie stated she had a telephone conversation with Jerry Gates regarding the property on Carpenter Road owned by the McCray family and the property the family conveyed to the Town. The agreement with Mr. McCray was that along with Lot 4 Carpenter Road he would establish an endowment fund to maintain the property $15,000.00 of which has been paid to the Town. The remainder would be paid when two of the three remaining frontage lots on Carpenter Road were sold or no later than November 30, 2010. Ms. Duthie stated Mr. Gates told her that due to the economy the three lots on Carpenter Road remain unsold, and he questioned if the Commission would be willing to extend the agreement two more years?
Leslie Duthie stated she explained to Mr. Gates that the Commission had expended some of its own money to maintain the nesting area because the interest from the $15,000.00 in the endowment fund was not sufficient to cover the cost of maintenance. Mr. Gates was of the opinion Mr. McCray would be willing to reimburse the Commission and to pay for the maintenance costs in 2011. Ms. Duthie stated Mr. Gates would be willing to come to a Conservation Commission meeting to discuss the details fully.
Leslie Duthie stated as one member of the Commission she would not have a problem with this as long as the Commission had a Memorandum of Understanding with the property owner that the original terms of the endowment were still in effect. If Mr. McCray assumed the cost of maintenance she would be willing to wait two more years.
Glenn Colburn stated he agreed with Ms. Duthie and was willing to be flexible for a couple of years.
Leslie Duthie stated she reminded Mr. Gates of the crossing that they still have to install and also the re-numbering of the pins around the deed restricted area so that they are in sequence.
Leslie Duthie stated she spoke with Mark Stimson at DEP regarding the property on the corner of Butler and Lower Hampden Road owned by Paul Winkler. The new well installed by Mr. Winkler on his property is still overflowing and he is draining the overflow inter the storm drain on Lower Hampden Road. Mark Stimson stated that this is not covered under the Wetland Protection Act and if the Town has given the property owner permission to drain into the storm drain it is not a matter for the Commission.
Leslie Duthie stated she received an unexpected piece of good news a grant for the Flynt Quarry lands that she wrote months ago and had pretty much given up on came through. This means that the only money left to be raised is the defense fund for the Conservation Restriction. She stated she was particularly proud that almost $10,000.00 was raised locally. The Commission put in $16,000.00 from its Land Acquisition for the survey in order for the purchase to go through and Scott Gerrish is donating his services to prepare the management plan.
Glenn Colburn stated it was a tremendous amount of work on Ms. Duthie’s part and he doubted if the 165 acres of Flynt Quarry would have been preserved without her tenacity.
Leslie Duthie stated that she is working on the Conservation Restriction with Jennifer Ohop, Opacum Land Trust.
8:15 Leslie Duthie stated she met with the Trust Attorney to discuss various options for the land Jean Porwoll owned on Nieske Road. Opacum Land Trust is not interested in holding the Conservation Restriction and while Fish & Wildlife may consider holding the Conservation Restriction they strongly suggested that the Town take the land under Article 97 voted by Massachusetts residents in 1972. The act preserves watershed lands, parklands and wildlife habitat among other things and the use of the land cannot be changed without a two thirds vote of the Massachusetts legislature. Other options include Fish & Wildlife owning the land and the Commission holding the Conservation Restriction or turn the land over in fee to another organization and the Commission holding the CR. Ms. Duthie
stated the Trust Attorney did not favor taking the land under Article 97 so that leaves one of the other options unless someone from the Fish & Wildlife is able to convince the Attorney otherwise. No matter which option is eventually agreed upon there still has to be a defense fund for the Conservation Restriction to protect the Restriction from infringement by abutters and other legal issues.
Davis Johnson questioned why the Trust Attorney was not in favor of taking the land under Article 97?
Leslie Duthie stated she didn’t know, maybe she had not articulated the Article 97 process well enough for the Attorney to be convinced or maybe it was the wording of Ms. Porwoll’s will. She stated Sam Lovejoy from Fish & Wildlife was willing to speak to the Attorney on the Commissions’ behalf. Ms. Duthie stated she would contact Irene Delbono to see if she could suggest any other options.
8:35 MAIL
- Copy of an agreement that the Conservation must sign from the Community Preservation Committee regarding the $50,000 grant.
- Report from the Trustees of Reservation regarding the Conservation Restriction at the Temple Brook conservation area.
Leslie Duthie stated she walked the area with the Trustees.
Glenn Colburn stated the Commission must generate some forms for the Conservation Restrictions that it holds.
- Paul Hatch, Munn Road received his Determination; Kim Koran, East Hill Road and Arthur Stone, Lower Hampden Road both received their Orders of Conditions.
- Gary Scott, Wales Road recorded his Certificate of Compliance.
- Forrest cutting plan for Schmerhorn, Bennett Road.
- Amended Certificate of Compliance from DEP for property on Thayer Road.
- Public Hearing notice from the Energy Siting Board for the upgrade of transmission lines from the Palmer transfer station to Hampden.
- Copy of a letter from Carmine Angeloni to Mr. Schmerhorn that the property on Bennett Road is in rare species habitat and the cutting plan must be sent to NHESP.
- NHESP response for Bennett Road cutting plan will not result in a take or negatively impact habitat.
- Copy of National Grid yearly operation plan.
Leslie Duthie stated she had a telephone call from Seth Wesson regarding land on Reimers Road and Stebbins Road owned by Brian Quinlan and Penelope Wesson. Seth Wesson stated that Penelope Wesson would like to do something with her property she cannot afford to donate the land and is thinking of cutting off lots along the road frontage, but was looking for suggestions from the Commission. Ms. Duthie stated she discussed forestry protection with Mr. Wesson. The property would be protected as working forest land. In the past she has spoken with members of the Shepherd family who own a large amount of land abutting the Quinlan property about forestry protection, between both families they own approximately 500 acres. Ms. Duthie stated she would be meeting with Seth Wesson on December
2, 2010.
Glenn Colburn stated there not many land owners with large tracts of land who are interested in protecting it and he was in favor of any help the Commission could give.
Leslie Duthie moved to adjourn at 8:50 P.M.
Glenn Colburn seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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