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Conservation Commission Minutes 09/19/2012


MONSON CONSERVATION COMMISSION
MINUTES SEPTEMBER 19, 2012

MEMBERS PRESENT:  Leslie Duthie, Glenn Colburn and Audra Staples.

MEMBERS ABSENT:  Davis Johnson and Dana Staples.

Audra Staples stated she had prepared an Order of Conditions for Flynt Park but had difficulty finding the information for it on the Notice of Intent.  

Glenn Colburn stated he believed it was all buffer zone work.

The Commission signed the Order of Conditions for Flynt Park, for the Monson Parks & Recreation Department.

7:15 NOI Cornerstone Power Monson LLC, Macomber Road and Upper Palmer Road.  The applicant Cornerstone Power requested a continuation of the hearing.

Leslie Duthie moved to continue the hearing to October 10, 2012.

Audra Staples seconded the motion.

It was so voted unanimous.

7:20 MAIL

  • Forest Cutting Plan 38 King Street 8 acres long term forest management.
  • Notice from Trustees of Reservations of monitoring of Conservation Restriction at Temple Brook.
Glenn Colburn stated he would like to have a copy of the report.

  • Strategic Conservation Planning Workshop sustainable forest partnerships October 12, & 13, 2012.
  • Potential Hazard Mitigation Funding regarding October 29, 2011 snow storm event the application period open.  
Audra Staples moved to approve the minutes of August 8, 2012 as presented.

Glenn Colburn seconded the motion.

It was so voted unanimous.

Glenn Colburn moved to approve the minutes of August 29 2012 as presented.

Leslie Duthie seconded the motion.

It was so voted unanimous.

Leslie Duthie stated Andrew Beaulieu, Carpenter Road filed a forest cutting plan and because the property is in priority habitat NHESP reviewed the plan and issued conditions for the cut.  Ms. Duthie stated from what she observed whoever is doing the work it appears they have not read the review from NHESP and the conditions under which the work must be done.  She stated she spoke with NHESP to bring it to their attention.

7:35 RFD 95 Wales Road.  Lauiston E Moore.  The work involves the removal of 4 large and one smaller hemlock trees within the riverfront area.  The Commission made a site visit to look at hemlock trees Mr. Moore wants to remove.  

Mr. Moore stated the trees will be cut close to the ground and the stumps left to break down naturally.  

Glenn Colburn stated the applicant proposes to use a crane to reach over the house to get the trees out, quite a difficult procedure but as proposed the work would not alter the resource area.

Leslie Duthie stated she would agree and moved to give a negative determination that the work is in an area subject to protection, but said work will not alter, dredge or fill the area and does not require the filing of a Notice of Intent.

7:50 RFD 49 Margaret Street Jean Miller.  Robert Drew was present representing Ms. Miller.  He stated the proposed addition is on the left side of house 67 feet from stone wall. The intermittent stream is on the other side of the stone wall.  

Leslie Duthie stated she drove by the property and saw the hole for the foundation with the soil piled by the wetlands.  She left a message with the property owner to install a silt fence around the soil pile to prevent erosion into the intermittent stream.  There is a lot brush on Ms. Millers’ side of the stone wall and trees and brush along the intermittent stream.  All of the work is in the yard area and Mr. Drew has installed a silt fence.

Robert Drew stated he excavated four feet down for a stem wall and the material will be used to fill the excavated area.   

Leslie Duthie stated she did not see any problems.  Ms. Miller is also transforming an existing deck into a three season room and the work for that is outside of the Commissions’ jurisdiction.  The question is if the work depicted on the plans is subject to the Wetland Protection Act.  Ms. Duthie moved to give a negative determination for work in the buffer zone that will not alter, dredge or fill an area subject to protection and said work does not require the filing of a Notice of Intent.

The Commission added a condition to the determination:

1.  Silt fence shall be left in place until all backfilling is complete.

8:20  Leslie Duthie stated David Chapdelaine contacted her regarding additional work the property owner wants to do at 103 Lakeside Drive.  The owner would like to pour a 12’ x 16’ patio that would be within 75 feet of the lake.  

The Commission discussed the proposed work and decided that to be consistent a Request for Determination should be filed because it is within the riverfront resource area.

Leslie Duthie stated Donald Frydryk, Sherman & Frydryk, Land Surveying & Engineering contacted her regarding a Certificate of Compliance for 73 Paradise Lake.  Mr. Frydryk stated there has been an encroachment into the wetlands on the right side of the house and he would like to discuss remediation with the Commission.  Ms. Duthie suggested the Commission make a site visit.  

The Commissioners decided Monday September 24, 2012 at 5:00 P.M. would suit most of them.
Leslie Duthie stated she called Attorney Joseph Dusel, legal counsel for Raymond Lavallee and asked him why his client has not filed a Notice of Intent to do work to correct the violations on his property on Palmer Road.  Atty. Dusel assumed that because Mr. Lavallee had not continued to dump material in wetlands that he did not have to file.  Ms. Duthie stated she explained that whether Mr. Lavallee continued to work in wetlands or not, and the Commission has received reports that Mr. Lavallee has continued to work in the wetlands he must file to address the violations cited by the Commission in its Enforcement Order.

8:30  Leslie Duthie moved to adjourn.

Audra Staples seconded the motion.

It was so voted unanimous.

Respectfully submitted,


Linda A. Hull