MONSON CONSERVATION COMMISSION
MINUTES NOVEMBER 28, 2012
MEMBERS PRESENT: Leslie Duthie, Glenn Colburn Audra Staples and Davis Johnson.
7:00 RFD 103 Lakeside Drive Daniel & Frances Moran. The Commission closed the meeting on November 7, 2012 but did not release the determination until the contractor submitted a plan detailing how he intended to infiltrate water off of the patio. David Chapdelaine submitted a plan showing a stone lined trench with a grate to infiltrate run off from the concrete patio. The Commission released the determination.
The Commission signed the Order of Conditions for the Monson Water & Sewer Department for work on Mechanic Street to replace a water main DEP 228-346.
The Commission received notification that the Quinlan Land Trust would remove 5+- acres of Chapter 61 land on Reimers Road to sell as a building lot. The price for the property is $85,000.00.
Leslie Duthie made a motion to recommend that the Town not exercise its right of first refusal on this parcel of land.
Audra Staples seconded the motion.
It was so voted unanimous.
The Commission received a copy of the Conservation Restriction monitoring inspection form for Temple Brook Conservation land on Lower Hampden Road that was compiled by the Trustees of Reservations. The report notes that natural changes have occurred because of storm damage to the forest. The report also described dumping, abutter encroachment, excavation and a water pipeline/spring hose feed system that extends from an abutting residence at 12 Alden Thrasher Road onto the restricted land where it is fed by stream water. Photographs of the plastic piping were included dated August 24, 2012 the date of the inspection.
7:25 RFD Lot 15 Ayers Road, H & L Builders. The request is for work involving the construction of new house, septic system and well.
Leslie Duthie stated that H & L Builders had previously filed a Notice of Intent on this lot but time expired and Donald Frydryk questioned if the Commission would be agreeable to filing a Request for Determination. Ms. Duthie stated that H & L Builders missed the extension by months and she felt that filing an RFD but keeping the conditions imposed by the Order of Conditions previously issued would be acceptable. Most of the wetlands are located in one corner toward the road. The permanent bounds required would be a mental and physical reminder to stay away from that area.
Glenn Colburn stated if a deed notation was not part of the Order of Conditions he would like to add that.
Audra Staples moved to give a positive determination for the area and a negative determination for the proposed work that is in an area subject to protection but will not fill or alter the area and does not require the filing of a Notice of Intent with the following conditions:
- The conditions and special conditions imposed by a previous Order of Conditions by the Monson Conservation Commission for the subject property remain in effect.
- Permanent bounds must be in place before work is started.
- If the previous Order of Conditions did not contain a condition that a deed notation prior to the transfer of the subject property shall be submitted for approval by the Monson Conservation Commission it is hereby added.
Glenn Colburn seconded the motion.
It was so voted unanimous.
7:40 NOI Macomber Road/Upper Palmer Road Cornerstone Power Monson, LLC have requested that the hearing be continued to a date to be determined. Following a site visit that included the Department of Environmental Protection, the Army Corps of Engineers and the Monson Conservation Commission the applicant requested the continuation to respond to several issues raised by DEP and the Army Corps of Engineers.
Davis Johnson moved to continue the hearing to a date to be determined.
Audra Staples seconded the motion.
It was so voted, unanimous.
7:45 The Commission received a letter and plan from the Monson Board of Assessors regarding property owned by John Pekala on Cedar Swamp Road.
Leslie Duthie stated the Commission is familiar with this property and it appears that Mr. Pekala wants to combine property that has frontage on Stafford Hollow Road with a lot that he owns on Cedar Swamp Road. Mr. Pekala told the Board of Assessors that he is unable to build on the property because of wetlands. Mr. Pekala filed a Request for Determination for the property on Cedar Swamp Road. The Commission issued a positive determination that the lot is subject to protection under the Wetlands Protection Act any proposed work would require the filing of a Notice of Intent.
The Commission will make copies of its records regarding the property on Cedar Swamp Road and forward them to the Monson Board of Assessors. The manner in which a property owner splits up land is not under the jurisdiction of the Conservation Commission, although in many cases it is better to clearly identify wetland boundaries before splitting up a large parcel of land.
7:50 Leslie Duthie stated she received a call from Tom O’Neil, Rocky Mountain Wood Co. regarding a clean up project at Reed Coles property on 27 Ely Road. Mr. O’Neil said that he had spoken with Carmine Angeloni, the State Forrester for this area who told him because it is less than one acre he did not have to file a forest cutting plan but that he should call Leslie Duthie who would issue an emergency certification.
Leslie Duthie stated she met Tom O’Neil and Reed Coles at the site and explained that the time frame for an emergency certificate has passed and Mr. Coles would have to file a Request for Determination to do the work. Mr. Coles has been cleaning up the tornado damage on his property by hand for the last year and with Rocky Mountain working on the adjacent Keep Homestead land it makes sense to have them come in to finish it up. Leslie Duthie stated it is a small lot, mostly lawn with the driveway on one side and an intermittent stream on the other. The tornado appeared to follow the stream through the property and there is still a lot of clean up to do around the stream. The first two thirds of the property are fairly clean but the back one third is a mess. Ms. Duthie stated she wanted to see
the site and told Mr. O’Neil he could only reach in with equipment and remove from the stream those trees that are physically blocking the flow of water, no dragging off of the bank, no removal of stumps and leave the brush for habitat. She stated the Commission would hold the meeting on December 19, 2012 but because the equipment is already there the work could start before then. She stated she intended to watch the project and made it clear to Mr. O’Neil and Mr. Coles that if she observed anything happening that they had not discussed or happening in a manner different to that discussed she would give a cease and desist order and issue a violation order that would require the property owner to file a Notice of Intent.
Audra Staples questioned if this gives the appearance that Mr. Coles is benefiting from work being done under a grant? Will this cause a problem with abutters?
Leslie Duthie stated she believed it already has but that is a misconception. Mr. Coles is paying Rocky Mountain for the work that is taking place on his property and further both Mr. Coles and Mr. O’Neil have a very clear understanding of the manner in which the work is to be done. She stated she believed that it was reasonable to allow the work to proceed because the equipment is there. The Commission will still hold a meeting and if the clean up has not been done in the manner discussed at the site visit the Commission can take the appropriate action.
8:15 The Commission received a Notice of Intent for 63 Lakeside Drive that will be scheduled for the meeting on December 19, 2012. The Commission set a site visit for Sunday December 2, 2012 at 9:00 A.M.
The Commission noted that it has not received a Notice of Intent for Ray’s Mobile Home Park on Palmer Road. Mr. Lavallee’s attorney sent a letter to the Commission stating a wetland consultant has been hired and the Commission could expect to receive an NOI in two to three weeks. To date no filing has been made with the Commission.
Davis Johnson moved to accept the minutes of November 7, 2012 with a correction to the spelling of his name.
Glenn Colburn seconded the motion.
It was so voted, unanimous.
8:25 Leslie Duthie moved to adjourn.
Davis Johnson seconded the motion.
It was so voted, unanimous.
Respectfully submitted,
Linda A. Hull
| 
