MONSON CONSERVATION COMMISSION
MINUTES JULY 18, 2012
MEMBERS PRESENT: Leslie Duthie, Glenn Colburn Audra Staples and Davis Johnson.
ABSENT Dana Staples
7:10 Jerry Gates representing McCray Realty, met informally with the Commission to discuss property on Carpenter Road owned by McCray Realty. Mr. Gates stated Lot #3 Carpenter Road has been sold and McCray Realty would like to propose a payment to the Monson Conservation Commission of $2500.00 on August 1, 2012 with the remainder of the $20,000 to be paid in one year. Mr. Gates stated they are aware that this was not the agreement but in the prevailing building market it has been difficult to sell the lots. Lot #3 sold for $47,500.00 and the owners would like to take some of that money to clean up the remaining lots and make sure the pins and flags are still visible.
Leslie Duthie stated there is tree damage on Lot 3 but she thought it was holding up fairly well.
Jerry Gates stated some of the pins are missing and someone has taken the damaged trees from the side of the old Lot 4. Cones have now been placed where the pins were and the owner would like to clear some of the brush on Lot 2 and look at any damaged trees that should come down and do the same on Lot 1.
Leslie Duthie stated she has walked along the right of way a lot of the posts are there but could probably use some work. She questioned if some sort of structure would be constructed along the brook within one year?
Jerry Gates stated yes but he would like to meet on the site with the Commission to determine exactly it was the Commission wanted.
Leslie Duthie stated she would like something in writing regarding the $2500.00 payment on August 1, 2012 and the balance of $17500.00 within one year that was signed by the property owner or his agent and the Conservation Commission. Ms. Duthie cautioned Mr. Gates that the buyer of Lot 3 would have to file to build on the property.
Jerry Gates stated he had met with the realtor and that is understood but he had not spoken with the prospective buyer.
Leslie Duthie stated she too met with a realtor but was more concerned that the purchaser understood there must be a filing for any work that is done on the lot.
Audra Staples questioned the original agreement the Commission had with McCray Realty?
Leslie Duthie stated the agreement was that the Commission would receive money as each lot was sold, with a limit of three years to receive full payment but the building boom collapsed and the Commission agreed to work with McCray Realty as properties sold.
7:25 Matthew Prior 124 Lakeshore Drive met informally with the Commission to discuss the clean up of damaged trees on his property.
Mr. Prior stated he removed a tree that came down across the stream.
Glenn Colburn stated brush has been cleared out. It is O.K. to enjoy the property and the path and bench is acceptable but the brush in the under story must be left. This is a very tight site and the brush must be left to provide a buffer zone the Commission does not want to see it turned into lawn area.
Leslie Duthie stated wildlife relies on the shrubs for protection and food and the tree canopy provides shade for the brook.
Mr. Prior questioned if he could remove a culvert that washed down onto his property?
Leslie Duthie stated there would have to be a filing but it would depend on the extent of the work if a Request for Determination or a Notice of Intent was filed. If no heavy equipment was used it could probably be done with an RFD. She stated the Commission would not require a filing for the work that has already taken place as long as the area was left alone and the brush allowed to grow back to provide a buffer zone for the stream.
Mr. Prior stated he would allow the buffer to revegetate and would file with the Commission if and when he decided to remove the culvert.
7:45 Leslie Duthie stated she had received an addition $1753.00 bill for closing costs relating to the Quinlan property.
7:45 RFD 103 Lakeside Drive Daniel Moran. The request is for work associated with the repair of footings under the existing house.
Leslie Duthie stated she made a site visit to look at the tornado damage. Some excavation will be required under the house but the work is within the footprint of the house, additionally the chimney will also require repair to the footings.
Glenn Colburn moved to give a negative determination for work in buffer zone that did not require dredging or filling an area subject to protection and did not require the filing of a Notice of Intent.
Davis Johnson seconded the motion.
It was so voted unanimous.
7:50 RFD 50 Bogan Road, Century 21 Realty. Richard Goby Quaboag Construction Corporation stated the work involves crushing the old system and installing a new septic disposal system. Presently there is a shallow well that is to be upgraded to an artesian well and that will be drilled in a different location. The new septic system is to be located in the area of the old shallow well. The new system will be approximately 92 feet from the wetlands and one hundred plus from the new well. The well will be 60 feet from the wetlands. The change in location maximizes the distances from wetlands and also complies with Title 5 regulations, a silt fence will be installed for erosion control.
Audra Staples questioned if Lorri McCool had reviewed the plan?
Richard Goby stated the well permit and septic disposal system plan has been approved by the Board of Health.
Leslie Duthie stated the work for the septic system is just about out of 100 foot buffer.
Mr. Goby stated the wetlands flags are still there.
Audra Staples stated whoever purchases the property must understand there are limits as to what you can do within 100 feet of a wetland and before any excavating, building or mowing takes place the Commission should be contacted.
Glenn Colburn stated the Commission does not want to see the wetlands crossed or turned into a lawn area.
The realtor for the prospective buyer was present and questioned if the old garage was knocked down would it be able to be relocated on the lot?
Leslie Duthie stated it would depend where the property owner wanted to put it. This lot has wetlands on it and any work within 100 feet of the wetlands is subject to review by the Conservation Commission.
Glenn Colburn moved to give a negative determination for work in the buffer zone but will not alter an area subject to protection under the Act and does not require the filing of a Notice of Intent with a condition of the installation of a silt fence as shown on the plan.
Audra Staples seconded the motion.
It was so voted unanimous.
8:15 RFD 70 Upper Hampden Road James Thompson. The request is for work involved in cleaning up tree damage from the June 1, 2011 tornado.
Leslie Duthie stated Mr. Thompson contacted her soon after the tornado regarding the clean up of his property. Ms. Duthie explained that she could issue an emergency certificate but it was only good for thirty days. She asked Mr. Thompson to contact her when he had someone contracted to do the work. A few weeks ago she noticed that clean up was going on and there had been no contact or filing. Ms. Duthie explained the time for emergency certification is past and the Commission required a filing.
Mr. Thompson stated he waited 7 – 8 months for the person he contracted with to show up and then tried to hire another company, when that was unsuccessful he decided to do the work himself because it looked a mess and was a fire hazard.
Leslie Duthie stated she saw that work involving the roof and chimney was going on and understood it was a difficult process but the Commission has to treat everyone the same. Other property owners have been asked to file for work related to the tornado and that is why the Commission asked for a filing. Having said that what has been done is very good and Mr. Thompson has done the work as the Commission would have asked.
Mr. Thompson stated he would still like to work on the hanging branches and tipped stumps. The stumps would not be removed just cut the stumps and leave the roots.
Glenn Colburn stated a Determination was good for three years.
Leslie Duthie moved to give a positive determination for the area referenced on the plan that is subject to protection under the Act, and a negative determination for the work within an area subject to protection but will no alter, fill or dredge the area and does not require the filing of a NOI with the conditions that brush can be removed; tip ups can be cut but roots will be left; hanging branches can be cut.
Audra Staples seconded the motion.
It was so voted unanimous.
8:25 NOI 20 King Street Robin Deland. The Notice of Intent is for the reconstruction of a home and garage destroyed by the June 1, 2011 tornado, the installation of a new septic disposal system and the crushing and abandonment of the old septic system.
Donald Frydryk, PLS, PE Sherman & Frydryk, Land Surveying & Engineering stated there is an intermittent stream on the north side of the property and the wetland delineation shows the work to be within the 100 foot buffer zone. The total area within the 100 foot buffer on the property is approximately 36,890 square feet 18,585 square feet within the 100 foot buffer will be disturbed during the construction of a single family home, unattached garage and septic system. Approximately 5,810 square feet of disturbance is within the 50 foot buffer zone. The proposed house will be located on the lot similar to the house it is replacing and the garage will be located to the north of the house in a similar footprint to the garage it is replacing. Approximately 15 feet will separate the two
structures. The project does not occur within a Priority Habitat of Rare Species or Estimated Habitat of Rare Wildlife.
Leslie Duthie stated she made a site visit with Glenn Colburn and the proposed silt fence will protect the resource area. She stated they discussed preparing an Order of Conditions because there are no special conditions all the work is in the existing foot print.
Donald Frydryk stated the house is not in the same location but is in the flatter part of the lot, and the garage is pretty close to where the old one stood.
Leslie Duthie stated there were no comments from DEP and they issued a file number 228-0341.
Glenn Colburn moved to close the hearing and issue an Order of Conditions.
Davis Johnson seconded the motion.
It was so voted unanimous.
8:40 NOI State Avenue / Fern Hill Road, Monson Highway Dept. The work consists of repair or reconstruction of roadside drainage system.
Donald Frydryk, PLS, PE Sherman & Frydryk, Land Surveying & Engineering presented the plan to the Commission stating there are a series of catch basins along State Avenue that the water flows into, at the intersection of Fern Hill Road and State Avenue the water is overflowing the catch basin because it has collapsed or there is a break somewhere. It is proposed to replace the 15 inch pipe and drop inlet so that anything flowing down the road will go into the inlet. All of the work proposed is in within the road. A rip rap pad will be installed to prevent further erosion. This is flood plain but the pipe is going to be pulled back a little and will not result in a loss of storage.
Leslie Duthie stated this is not a pristine area. She questioned if the pipes were coming out?
Donald Frydryk stated most of it is coming out.
Leslie Duthie stated the Monson Water & Sewer Department had a project in this area not so long ago putting in water pipes. She stated there appeared to be a fair amount of work at the corner of Fern Hill Road and State Avenue.
Glenn Colburn questioned if the outlet was on town land.
Donald Frydryk stated no it is a private owner who has signed off on the project.
Leslie Duthie questioned if any of the Commissioners wanted to do a site visit?
Glenn Colburn stated he was familiar with the site.
Leslie Duthie moved to close the hearing and issue an Order of Conditions.
Audra Staples seconded the motion.
It was so voted unanimous.
9:00 Certificate of Compliance for Unit 20 Quaboag Heights was signed by the Commission.
9:00 NOI Dean Pond Sutcliffe Road, Massachusetts Department of Conservation & Recreation. The project involves the removal of non-native invasive species and aquatic management to maintain and preserve a healthy pond ecosystem.
Leslie Duthie stated she would like to clarify a couple of things. The Commission did not refuse to have a joint meeting with the Brimfield Conservation Commission when Ms. Haug called the office the Monson Conservation Commission had not received any paperwork and knew nothing about the project. The Commission was not averse to a joint meeting it was something that had never been requested before but would certainly entertain the idea as long as the Commission had copies of the filing. The Commission received notification at the end of June and upon receipt of the paperwork worked with Erika Haug and submitted a letter to Brimfield Conservation Commission deferring the decision to them. Ms. Duthie stated she personally spoke with someone from the Brimfield Conservation Commission to try and
straighten things out. Dean Pond is a great asset to both Monson and Brimfield and the Commission would not want to give the impression that it was being difficult or did not want to cooperate with neighboring communities.
Tom Flannery DCR stated it was a late filing to begin with and not typical of the way DCR does business. Money became available and there was a big push to open to the public. He stated the pond is infested with significant algae growth that is not conducive to safe and enjoyable swimming. The pond is approximately 10 feet deep with a nice hard bottom and has the potential to be a really nice pond once the invasive species are removed and managed. Based on the species of algae and plants infesting the pond it was determined that a chemical herbicide treatment would be appropriate to maintain open water conditions in recreationally important areas. DCR would also like to spread a new layer of washed beach sand to control upland plant species in the small beach area. Dean Pond has been
closed to the public for several years if this program is approved DCR intends to re-open the beach and swim area. This will require multiple treatments and would probably involve split treatments. Mr. Flannery stated DCR is asking the Commission to issue an Order of Conditions for five years instead of three years to enable the Department to get the pond in good shape and keep it that way.
Davis Johnson questioned if a draw down had been considered?
Tom Flannery stated no one knows the last time the out let structure on the dam was operated and if it can be opened, but more importantly, once it is opened if it will close again.
Audra Staples questioned if in the interest of trying to open the pond for the summer herbicide treatment was chosen over a draw down?
Tom Flannery stated algae would not be affected by a draw down and at this point it is debatable if a draw down would be considered because of the outlet uncertainty.
Davis Johnson questioned if it was stocked with trout?
Glenn Colburn stated he knew from personal experience that there were 3-4 inch trout in the stream beyond the footbridge that is in Monson.
Tom Flannery stated the Division of Fish and Game stock the pond.
Audra Staples questioned if the intent is to clean up the trails?
Mr. Flannery stated yes, the bath house is to be cleaned up and the trails.
Glenn Colburn stated it was a thorough Notice of Intent but he did question how the Monson Conservation could issue an Order of Conditions for 5 years when Brimfield had issued an Order of Conditions that was valid for 3 years.
Leslie Duthie stated she did change the Special Conditions slightly because Monson would like to receive any data documentation for project evaluation, the annual report should contain evaluations of the successes and failures and anticipated completion dates. She questioned if the Commissioners were willing to issue an Order of Conditions that was valid for 5 years and leave it to DCR to work out with the Brimfield Conservation Commission the length of time its Order of Conditions was valid for?
It was the unanimous consensus of the Commission to write an Order of Conditions that was valid for 5 years.
Leslie Duthie moved to close hearing and issue an Order of Conditions.
Audra Staples seconded the motion.
It was so voted unanimous.
9:45 RFD Matthew Guthrie 241 Silver Street. The request is for tree removal and grading.
Mr. Guthrie stated he wanted to remove 5 trees to the right and behind his house and to grade the same area.
Leslie Duthie asked Mr. Guthrie to describe what the grading entailed?
Mr. Guthrie stated he wanted to remove the rocks and move around the earth material.
Leslie Duthie stated the stream is within 50 feet of the trees the property owner wishes to remove and suggested the Commission make a site visit.
Mr. Guthrie stated he had no problem with that.
The Commission arranged a site visit for Friday July 27, 2012 and 5:30 P.M.
Leslie Duthie moved to continue the meeting to make a site visit to 241 Silver Street.
Audra Staples seconded the motion.
It was so voted unanimous.
9:55 The Commission has not heard from counsel for Raymond Lavallee, owner of Ray’s Mobile Home Park responding to an enforcement order issued to Mr. Lavallee. The Commission received correspondence directing all contact with Mr. Lavallee go through his attorney and requesting copies of all documents pertaining to code violations at the Mobile Home Park. Copies of the documents were sent but the Commission is still waiting for a response from the attorney.
Leslie Duthie stated she would call the attorney.
10:00 MAIL
- Lycott Environmental notification that Paradise Lake was treated with herbicides on June 28, 2012 as part of an aquatic management plan.
- William Russell submitted an as built of 82 Stebbins Road showing that a pin in the rear of the property has been put in.
- Forest cutting plan Dold 4 ½ acres on Carpenter Road.
- Forest cutting plan Norcross Wildlife Foundation 10 acres plus or minus.
- Forest cutting plan Markham Waid Road.
Davis Johnson moved to approve the minutes of June 13, 2012 as presented.
Glenn Colburn seconded the motion.
It was so voted unanimous.
10.10 Leslie Duthie updated the Commissioners on the progress of the management plan for the Quinlan Trust land. One of the questions is how to handle any changes in the management plan. The Monson Conservation Commission would hold a public hearing to consider any management changes and submit the documentation to the Opacum Land Trust who holds the Conservation Restriction for written approval. No motorized vehicles would be allowed on the property, only passive recreation would be allowed, the property will not be posted, boundaries will be marked, walking trails maintained and a submission made for green forest certification.
The Commission received notification regarding Notice of Intent that will be submitted for a large ground mounted solar array on Upper Palmer Road and Macomber Road. This is a large property with significant wetlands and Jeffrey D’Arrigo, Sage Environmental, Inc would like to do a site visit in advance of the public hearing tentatively scheduled for August 29, 2012.
Leslie Duthie stated she would contact Mr. D’Arrigo and set up a site visit for Wednesday, August 22, 2012.
10:25 Audra Staples moved to adjourn.
Glenn Colburn seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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