MONSON CONSERVATION COMMISSION
MINUTES MAY 2, 2012
MEMBERS PRESENT: Leslie Duthie, Audra Staples, Glenn Colburn and Davis Johnson.
MEMBERS ABSENT: Dana Staples
7:00 Davis Johnson moved to accept the minutes of April 11, 2012.
Glenn Colburn seconded the motion.
It was so voted unanimous.
The Commission met with members of the Quaboag Riders Club whose property is located on King Avenue regarding new activities at the Club that may impact wetlands.
Ron Guertin spoke on behalf of the Club stating they have cooperated with the Conservation Commission in the past and would continue to do so. The Club has worked hard to control erosion from the hill climb and has maintained the detention pond. The new activity is a track that has been cut through the woods using logging trails. He stated the Club routinely held this type of event in the past and the last recorded event was in 1961, but did not realize that if any activity was stopped for more than 2 years it lost its protection. He stated if the course is going through wetlands the Club would work with the Commission to solve the problems.
Davis Johnson questioned if this was a motorcycle course going through the woods?
Mr. Guertin stated that was correct the Club cleared brush from old logging trails and cleared out brush from other small areas.
Leslie Duthie questioned if this was land the Club purchased from Gary Pfisterer?
Mr. Guertin stated it was. The event usually runs from 9:00 A.M. to 5:00 P.M.
Leslie Duthie suggested the Commission meet with the Club and walk the track that has been created.
Mr. Guertin stated he would make himself available to the Commission anytime.
Leslie Duthie stated Monday would be a good time for her.
Mr. Guertin stated the Club holds its next meeting on Monday May 7, 2012 and other Board members would be available at that time.
The Commission stated Monday would work for the majority of members and set a time for 5:30 P.M.
Leslie Duthie stated she looked at new construction proposed by William Fay on Silva Street and would sign off on the building permit.
Leslie Duthie stated she checked a property on Mill Street where it appears the property owners are preparing the ground for some type of construction. The work would be within 200 feet of the river and she issued an enforcement order asking the owner to install a silt fence to prevent erosion into the stream and meet with the Commission May 23, 2012.
Leslie Duthie stated several months ago a property owner on Upper Hampden Road contacted her and asked about clearing and cleaning up tornado damage. This was shortly after the tornado and at that time the Commission was issuing emergency certificates. The property owner was told to contact Ms. Duthie as soon as he was going to start because the emergency certification was only good for 30 days. A couple of months ago the property owner contacted Ms. Duthie who explained that it was no longer an emergency and he would have to file for the work. The property owner did not file and has done the work, Ms. Duthie stated that being said he did not do anything different than the Commission would have requested there has been no stump or brush removal. She questioned how the Commission would like to
handle it?
It was the consensus of the Commission that other property owners are being asked to file and even though it is after the fact he should file.
Leslie Duthie stated she believed the Commission should make a site visit to 241 Silver Street, Matthew Guthrie because trees have been taken down without filing with the Commission. Mr. Guthrie has met with the Commission before for similar reasons and the Commissioners thought everyone was clear with regard to when a filing was required. There are extensive wetlands on the property and any work on the south side of the driveway requires a filing.
7:40 MAIL
- Copy of the yearly maintenance on Cushman Field from Parks & Recreation.
Tim Pascale was present and Leslie Duthie questioned if he used fertilizers?
Mr. Pascale stated he used lime and on the clay areas herbicide to keep the weeds at bay.
7:40 268 Palmer Road Rays Trailer Park, Raymond Lavallee was in attendance. Leslie Duthie stated the Commission issued an Enforcement Order for filling a wetland, creating a road in a wetland and work in the buffer zone to wetlands. The Commissioners met with Mr. Lavallee’s representatives on Sunday and observed a barrier has been placed in front of the area where dumping has occurred. There is a significant amount of fill and concrete debris in the wetlands in addition to piles of loam, and sand in the buffer zone. The Commission cannot accept the explanation from the gentlemen it met with that strangers with large dump trucks come into the mobile home park in the dead of night and dumped construction debris.
Mr. Lavallee stated he has been in business since 1977 and does not think he has polluted the property. He stated he gave sand to the Town some years ago.
Leslie Duthie stated the Commission has to act on what it observes now, there is approximately 6 – 10 feet of fill and debris in the wetlands and it has to be taken out. The Commission understands that wood chips are needed in the park but the pile should not be located in wetlands or the buffer zone. Anything within 100 feet of wetlands must be filed for and the Commission considers the piles of soil and tree stumps to be another violation. Ms. Duthie explained to Mr. Lavallee he would need to hire a wetland specialist to determine how much fill and debris had to be removed and the manner in which it should be removed to comply with the regulations. A road has been carved out into the wetland and there should have been a filing with the Conservation Commission for this work.
Mr. Lavallee stated there is a lot of tree work necessary in the mobile home park and few areas available to keep the material needed for the work.
Leslie Duthie stated if a property owner has any doubt about what can and cannot be done the Commission should be contacted prior to starting the work.
Glenn Colburn stated skunk cabbage is a wetland plant and it is growing in abundance in the area where brush and stumps have been dumped. Mr. Colburn questioned if Mr. Lavallee contacted the police regarding the illegal dumping on his property?
Mr. Lavallee stated it would be difficult to catch them because they do it in the middle of the night.
Leslie Duthie stated piling up stuff in the wetlands is not an answer.
Glenn Colburn stated the property is in a flood plain and putting in fill results in a loss of flood storage. The Commission is asking that you hire an environmental scientist to determine how much fill has gone in. The fill must come out and the work involved in removing the material must meet the regulations.
Mr. Lavallee stated he took issue with the Commission in its assessment that there is a loss of flood plain. He stated many years ago he gave sand to the Town of Monson, and the Town removed the sand thus increasing flood storage. Mr. Lavallee stated there is no debris in this area it is just loam piles how can that affect the flood plain?
Leslie Duthie stated there are loam and sand piles and also a vegetated berm, the Commission is saying this is not the correct place to store this material. Over the years the Wetland Regulations have changed and property owners must comply with the regulations. It is not the responsibility of the Conservation Commission to manage the stockpiles of material on the property that is the owners’ responsibility. She stated if Mr. Lavallee did not wish to comply with the regulations the Commission would turn this over to the DEP and he could work it out with them.
Mr. Lavallee stated he could understand removing cement blocks but if he could not stock pile fill or loam on the property it would hamper his business operation.
Leslie Duthie stated stockpiling of material must be outside of the flood plain, 200 feet from a stream and 100 feet from wetlands.
Glenn Colburn stated the Commission has a large file on this property and enforcement orders have previously been issued to Mr. Lavallee for similar violations. He stated almost everything in the last row of mobile homes is within two hundred feet of the river and any disturbance or work must be filed for.
Mr. Lavallee stated he thought he was in compliance.
Davis Johnson stated the documents and enforcement orders on file with the Conservation Commission shows a disagreement on that point.
Mr. Lavallee stated he does not know where to place the piles of material and if he is not allowed to stockpile material the Commission will put him out of business.
Leslie Duthie stated she would put in writing the issues discussed at this meeting. Mr. Lavallee should hire an environmental scientist and work with this professional to remove the material that has been dumped in the wetlands and determine a better site for the piles of material.
Glenn Colburn stated the Commission does not want to drive anyone out of business but its priority is to protect the wetlands.
Davis Johnson stated the size of Conservation Commissions’ file and the documents it contains indicate there have been wetland violations over the years and that is a problem.
8:20 Tim Pascale stated he wanted to meet informally with the Commission to discuss what he would like to do at Cushman field. He stated he would like to re-grade the driveway that goes toward the baseball field. Finances are a problem so it is mainly grading what is there and bringing in a minimal amount of material to fill in the pot holes. Secondly the area on the left as you enter the field has been damaged by the trucks going back and forth to clear out the trees that came down in the tornado and the plan is to re-grade the area using what is there and slope it toward the wetlands.
Leslie Duthie stated that area was used as a holding area, there were a lot of trucks going back and forth to clear out the damaged trees and the area was heavily rutted. Then the heavy rains came in August and the trucks drove back and forth over the area compacting the soil which is why it is not draining properly.
Mr. Pascale stated he would like to remove the grass and level out what is there. The other question is can the area be cleared up to the berm?
Leslie Duthie stated it is a pretty substantial area and at one time there was probably a playable area in that part of the field.
Glenn Colburn stated knowing the terrain it is hard to think that it is wetland, maybe rush is growing because the soil is compacted and does not drain well. He suggested the Commission make a site visit and look at the soil to determine if it is hydric.
Mr. Pascale questioned if the stump could be removed?
The Commission had no problem with the removal of the stump and no problem with the work proposed on the driveway.
Glenn Colburn stated he would consider that routine maintenance.
Leslie Duthie stated she agreed with Mr. Colburn that the Commission should make a site visit and look at the soils.
8:40 MAIL CONTINUED
- NECR herbicide application on railway right of way.
- Tennessee Gas pipeline Right of Way management herbicide treatment.
- Paradise Lake Association recorded the extension of the Order of Conditions.
- NHESP will not issue a final determination of its review of a cutting plan for Lower Hampden Road until all the documents are submitted for MESA review.
- Forest cutting plan Lower Hampden Road 23 Acres Clifford Kruger.
- Forest cutting plan 31 acres Norcross Wildlife foundation.
- Forest cutting plan Upper Hampden Road Gay Paluch 7.78 acres.
- Various building permits.
Glenn Colburn stated he would issue a letter to the property owner of 124 Lakeshore Drive regarding work that requires a filing with the Commission.
8:50 Audra Staples moved to adjourn
Davis Johnson seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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