MONSON CONSERVATION COMMISSION
MINUTES AUGUST 17, 2011
MEMBERS PRESENT: Dana Staples, Audra Staples and Glenn Colburn.
MEMBERS ABSENT: Leslie Duthie and Davis Johnson.
7:00 Sign Bill Schedule
Notice of an Open Space conference in Greenfield for interested Commissioners.
7:15 Craig Levesque met informally with the Commissioners to discuss his immediate plans for property on Main Street.
Mr. Levesque stated he recently walked the property with Leslie Duthie to discuss his immediate plan to park his vehicles on the property.
Glenn Colburn questioned if any repairs would be performed on the property.
Craig Levesque stated his immediate plan is simply to park his vehicles there. He has a garage on Palmer Road where repairs are performed and will continue to do repair and maintenance from that location.
Glenn Colburn stated anything within 200 feet of the river is jurisdictional. The Commission has been on the property and would agree that the outer 100 feet is an existing degraded area, but if anything is going to be parked there it would still require a filing for a Request for Determination.
Craig Levesque questioned if he could park his vehicles on the opposite side of the property away from the stream?
Glenn Colburn stated if the vehicles are out of the 200 foot riparian zone it is out of the Commission’s jurisdiction.
7:35 RFD Cushman Street filed by Richard Johnson to repair and regrade the easterly side of an existing lawn area.
Glenn Colburn stated there was a discussion at the site visit as to whether this is a resource area. Many years ago the Commission determined it was not a resource area, but a Determination expires after three years and the drainage ditch is connected to the river and connected to the field across the street, for the Commission’s purposes this is a resource area because it feeds directly into Chicopee Brook. The work proposed is to fill and grade a portion of the lawned area because the tornado took out the large trees that were there.
Richard Johnson stated the maple and pine trees that were destroyed by the tornado have been removed and he would like to fill and grade the area and then seed it so that it can be maintained. A silt fence was installed from the covered bridge around to the edge of the bank.
Audra Staples questioned if the pine stumps were still there?
Richard Johnson stated they were and he intends to pick through the granite and find appropriate blocks to line by the stumps that are level with the ground to make it look nice. He stated he owns this property and wants to maintain it properly.
Glenn Colburn stated this is an area that must be protected because it drains into Chicopee Brook and would move to give a positive determination for the area, which is subject to protection under the Act and a negative determination for the work that is within the buffer zone but will not dredge or alter the area and does not require the filing of a Notice of Intent.
Dana Staples seconded the motion.
It was so voted unanimous.
7:45 NOI Bumstead Road, Raymond Wallach. John Prenosil provided a revised plan and informed the Commission that a sequence of construction was included in the Notice of Intent.
Glenn Colburn stated the Commission is looking for some kind of timetable, which Mr. Prenosil appears hesitant to give the Commission. This is understandable because Mr. Prenosil has not been retained to oversee the work and cannot say with any certainty how long it will take the property owner. The big concern for the Commission is that Mr. Wallach may only work on this project at weekends, prolonging the project and unstable site which could cause an erosion problem.
Audra Staples stated a concern for her is that there is a very large tree at the site of the crossing and it is proposed to cut it down and leave the stump.
Glenn Colburn stated that could cause a problem when the stump rots ten years or so from now and a large sink hole appears. It would be fairly easy to pull out the stump and get the footings in for the crossing.
Audra Staples stated she would feel better if one of the conditions included the requirement for a project manager.
Glenn Colburn stated he was not sure the Commission could do that, but it can say to the property owner that he is responsible to make sure the erosion control is maintained and the project is closed up with hay bales at the end of each work day. The Commission does have the legal right to close down the project if there is a serious problem. The order of conditions could also include that the grade of the driveway is such that it must be paved, and the Commission must be notified if the project takes longer than 30 days to complete.
Audra Staples moved to close the hearing and issue an Order of Conditions to Raymond Wallach, Bumstead Road, DEP File No: 228-333.
Glenn Colburn seconded the motion.
It was so voted unanimous.
The Commission passed over the Certificate of Compliance for Lamcotec and the request for an extension of the Order of Conditions for Richard Courchesne, Lakeside Drive File No: 228-249 and will take them up at the next meeting when Leslie Duthie is present.
Glenn Colburn stated he would like to make a correction on page 1 of the July 27, 2011 minutes, change the word regulation to policy it should read “under DEP Policy 88-2”.
Audra Staples moved to accept the minutes of July 27, 2011 with the change.
Glenn Colburn seconded the motion.
It was so voted unanimous.
8:30 MAIL
- Clean Harbors received the Determination of Applicability for the clean up at Monson Developmental Center, State Avenue.
2. Cutting Plan for Paul Donohue, Cote Road 67 acres.
- Cutting Plan for Clifford Fisher, T Peck Road, 10 acres.
- Cutting Plan for Colleen Pisarski, East Hill Road, 72 acres.
- Amended Cutting Plan for John Hanic Wilbraham Road, 40 acres.
- Request for emergency certification from Tetreault & Sons for 27 acres on Waid Road owned by Markham for salvage and clean up from the tornado.
Audra Staples stated she was on this site with Leslie Duthie there is a pond that is behind the house and that has been flagged but she was not sure where the salvage area is.
Glenn Colburn stated time has passed since the tornado and he did not see that this was an emergency situation. The forester should file a cutting plan through the normal channels.
Audra Staples stated there is a cleared area on the site.
Glenn Colburn moved to deny the emergency certification.
Dana Staples seconded the motion.
It was so voted unanimous.
Glenn Colburn stated the Commission would send a letter to Mr. Tetreault and inform him of the Commission’s decision.
- Cutting Plan for Ely Road, Mr. Rogalski, 4.6 acres.
Glenn Colburn stated he believed that this had already been issued by Leslie Duthie.
8:50 Audra Staples moved to adjourn.
Glenn Colburn seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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