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Conservation Commission Minutes 05/25/2011
MONSON CONSERVATION COMMISSION
MINUTES MAY 25, 2011

MEMBERS PRESENT:  Leslie Duthie, Davis Johnson, Dana Staples, Audra Staples and Glenn Colburn

7:10 Mr. & Mrs. Robert Pafumi attended the meeting to speak informally with the Commission about property of Reimers Road owned by Dr. Jean Porwoll.

Leslie Duthie stated nothing has changed since the last time the Commission met with Mr. & Mrs. Pafumi.  The Town voted to accept the land but the legal documents have to be prepared, checked and registered.  The Commission is working with the Estate attorney but this could take several months.  Ms. Duthie stated the Commission has put up signs at the property and hope that will reduce/eliminate the ATV use.  It is clear that people are illegally riding on the property.

Mr. Pafumi stated he wanted to meet with the Commission to reiterate his interest in using the field for grazing his horses.

Audra Staples moved to accept the minutes of May 4, 2011 as presented.

Glenn Colburn seconded the motion.
 
It was so voted unanimous.

Leslie Duthie stated Reed Coles had contacted her regarding the removal of some of the trees on his property located on Ely Road next to the Keep Homestead property.  There is an intermittent that comes down along one side of his property and then under the road.  There are three trees that are close to his house that he would like to remove.  The trees are located on the stream bank.

Glenn Colburn suggested the Commission take a look at the site because the trees are substantial in size and he felt that a Request for Determination was the way to go.

7:15 RFD 224 Lower Hampden Road Eldon Nothe.  The Commission made a site visit to the property and did observe wetlands that would make the area depicted on the plan jurisdictional.  The request is to rebuild a barn that collapsed under the weight of heavy snow during this past winter.  It is proposed to rebuild the barn in the same location only smaller in size.  There is no excavation work other than removal of the damaged barn and three piers for the new barn.  

Glenn Colburn stated following the site visit he would move to give a positive determination for the area that is subject to protection under the Act and a negative determination for the work to rebuild the barn.  The work is in the buffer zone but will not alter, dredge or fill the area and does not require the filing of a Notice of Intent.

Davis Johnson seconded the motion.

It was so voted unanimous.

7:30 RFD 13 Lakeside Drive Simon and Felicity James.  Hunter Helmotis, H & R Remodeling was present to represent the property owners.

Mr. Helmotis stated the work consists of removing and replacing an existing deck and adding a new 10’ x 12’ deck and a set of stairs.  The new deck would be approximately 83 feet from the wetlands and construction would occur within the buffer zone.  He stated he received permission from the Commission to start work on the existing deck that is out of the buffer zone and has installed a silt fence approximately fifty feet from the shoreline of the lake.  The request for determination is for the new deck.  The reconstruction of the existing deck and the new 10’ x 12’ deck is all within the existing lawn area.

Leslie Duthie stated she has been to the site.  The property slopes down to the edge of the lake and the silt fence has been installed and wraps around forming a wide “U” shape.  There is minor excavation that involves piers for the deck.  

Mr. Helmotis stated any excess fill would be first be used under the existing deck and any remaining after that would be removed from the site.

Leslie Duthie stated no machinery is involved with this work, the holes for the piers are to be dug by hand, no material is to be piles on the site and all of the work is to be contained within the existing lawn area.  

Glenn Colburn stated this was similar to the previous Request for Determination.  He moved to give a positive determination for the area that is subject to protection under the Act, and a negative determination for the work, as it will not alter, dredge or fill an area subject to protection and will not require the filing of a Notice of Intent.

Audra Staples seconded the motion.

It was so voted unanimous.

7:55  The Commission signed the Order of Conditions for the Monson Highway Department for work on the culvert on Brimfield Road.

7:50 NOI T Peck Road, Monson Highway Department, work associated with the replacement of an existing culvert.  The hearing was continued from the May 4, 2011 meeting for a revised plan showing two rip rap spreaders in the area where the run off currently leaves the road.

Leslie Duthie stated Donald Frydryk, of Sherman & Frydryk  Land Surveying & Engineering has submitted the revised plans and following review of the plans she would entertain a motion to accept the plans, close the hearing and issue an Order of Conditions.
Glenn Colburn so moved.

Davis Johnson seconded the motion.

It was so voted unanimous.

Leslie Duthie stated she had a conversation with Town Administrator Gretchen Neggers after she had a request from John Arooth to use the Porwoll property to graze his cattle.  The Commission has received several requests from various property owners to use this property and she discovered during her conversation with the Town Administrator there are certain procedures the Commission must follow, it is not as simple as a lease agreement, time limits, and an agreement to do certain work for using the land.  The Commission must develop a Request for Proposal, advertise that the Commission is leasing property and develop a series of questions that would be used to evaluate each farmer.  

Audra Staples questioned if one of the criteria could limit those applying to residents who have chapter land?  

Leslie Duthie stated at this point she did not know, but thought the Commission should come up with something and then let the Town Administrator review it, from there any revisions could be made and the last review she hoped would be by Town Counsel.

8:30 NOI Raymond Wallach, Bumstead Road continued.  The Commission is waiting for a revised plan and narrative that details the check dams on the proposed driveway, details of the swale construction geo-textiles that are to be used and a sequence of construction.

The Commission has not heard from the applicant Raymond Wallach or from his consultant John Prenosil, JMP Consulting.  

Leslie Duthie moved to continue the hearing to June 15, 2011 in order to receive the revised plan and information.

It was so voted, unanimous.

Leslie Duthie stated Len and Rosalyn Harrington contacted her regarding the removal of a red pine plantation on their property on Butler Road.  Ms. Duthie stated she consulted with the State forester and found that there is nothing to prevent the removal of red pines as long as the work is 100 feet from any wetland and 200 feet from any stream.  The area of removal is not in an area near any streams or wetlands and as requested by Mr.& Mrs. Harrington sent them a letter stating that.   

Stagecoach Lake Bogan Road.  The Commission received a letter from an attorney representing the abutters of 2 Stagecoach Drive.  It seems the owner of property located at 2 Stagecoach Drive has erected a fence on the edge of the lake that runs within one to two feet of the water.  The Commission will send a letter to the property owners informing them that any work within 200 feet of the lake requires a filing with the Monson Conservation Commission.

8:45 NOI Exxomobile Pipeline continued at the request of the applicant’s consultant Seth Lajoie to allow him time to respond to comments from the DEP.  

Leslie Duthie moved to continue the hearing to June 15, 2011.

Glenn Colburn seconded the motion.

It was so voted, unanimous.

The Commissioners reviewed the Conservation Restriction for the Flynt Quarry land.

Davis Johnson stated he thought the language was good.

Glenn Colburn agreed stating Town Counsel would have the final review.

Glenn Colburn stated he wanted to bring to the attention of the Commission something he learned at the Massachusetts Annual Conservation Conference.  He attended a lecture at which they discussed mowing techniques and instead of starting at one end of the field and herding the wildlife to the other end, start in the middle and work out.  

8:55 MAIL

  • Copy of a Beaver Permit for Nieske Road.
  • Various building permits.
  • Keith Morris New England Central Railroad received the determination for vegetation treatment along the NECR right of way.
The Commission discussed marking the boundaries of the various pieces of property managed by the Conservation Commission.  Leslie Duthie stated she believed there was a grant available to the Commission for this work and would look into it so that the boundaries of the conservation land could be marked.

9:10 Leslie Duthie moved to adjourn.

Glenn Colburn seconded the motion.

It was so voted, unanimous.

Respectfully submitted,


Linda A. Hull