MONSON CONSERVATION COMMISSION
MINUTES DECEMBER 19, 2012
MEMBERS PRESENT: Glenn Colburn, Audra Staples and Davis Johnson.
MEMBERS ABSENT: Leslie Duthie
7:09 Audra Staples stated the consultant hired by Raymond Lavallee has not filed because Mr. Lavallee has been away.
The Commission signed a Certificate of Compliance for 62 Bethany Road, DEP 228-328. Donald Frydryk, Sherman & Frydryk, Land Surveying & Engineering stated in his letter that the work is in significant compliance with the plan approved by the Commission.
7:15 RFD 27 Ely Road Reed Coles. The request is to remove broken and fallen trees with heavy machinery including around the brook.
Glenn Colburn stated the area and work depicted on the plans are subject to protection. Leslie Duthie met the property owner and the logger on site and discussed the proposed work. Mr. Colburn stated he had not seen the site but it is described in the request as a 2 acre parcel dissected by a stream.
Audra Staples stated she was familiar with the property.
Glenn Colburn stated he was confident that Mr. Coles would make sure that the work was performed in the manner discussed with Ms. Duthie.
Audra Staples stated it is a very visible area.
Glenn Colburn stated he would be comfortable with a negative determination for work in the resource area.
Norman Hamel and Michael Laferrier residents of Ely Road were present.
Mr. Laferrier stated his concern was that whatever work was done on Mr. Coles property would not adversely affect his property. When the hillside was cleared after the tornado he experienced more run off on his property and he did not want that to happen again.
Mr. Hamel expressed the same concerns and also questioned if Mr. Coles would be allowed to keep the logs that were across the stream? He stated when he rebuilt his house after the tornado he had to follow all the rules and he wanted to be sure that the same rules applied to Mr. Coles.
Audra Staples stated that the Commission had made it very clear to Mr. Coles that no stumps were to be removed and the only trees to be removed were those that were already down. Ms. Staples stated Leslie Duthie did see the logs across the brook when she was on site and did not think they were a problem.
Mr. Laferrier stated he was satisfied that if the stumps remained his property would not be impacted.
Mr. Hamel stated the machine that is cutting trees has placed two logs across the brook and he would like to make sure they are removed at the end of the work.
Glenn Colburn stated they are probably temporary to span the brook.
Audra Staples stated the work area is visible and the Commission will not hesitate to issue a violation order if anything is done that was not already discussed. She stated the timing and availability of the equipment was beneficial for the landowner and the Town.
Davis Johnson stated normally a temporary bridge is removed at the end of a cutting plan.
Mr. Hamel stated it appeared to him that everything has been completed but the logs are still across the brook.
Glenn Colburn stated the request before the Commission is to remove damaged and broken trees and nothing else.
Davis Johnson questioned if the Commission would allow Mr. Coles to file after the fact?
Audra Staples questioned if it would cause more damage to the bank to remove things?
Mr. Hamel stated there is a railing there and it looks to be permanent.
Davis Johnson questioned how far from the surface of water the logs were?
Mr. Hamel stated approximately two and a half feet.
Glenn Colburn stated the Commission will act on the Request for a Determination and treat the bridge as a possible violation.
Audra Staples stated she would look at the site.
Audra Staples moved to give a positive determination for the area that is subject to protection under the act, and a negative determination for the work that will not dredge or alter an area subject to protection and does not require the filing of a Notice of Intent.
Davis Johnson seconded the motion.
It was so voted unanimous.
7:45 NOI 63 Lakeside Drive Claudia & Oscar Elguero. Donald Frydryk, Sherman & Frydryk, Land Surveying & Engineering stated the property owners want to remove the existing house and build a new 1200 square foot home with a front porch and screened deck on the back and sides. DEP issued a file number 228-347 they had no comments but did caution the Commission to address a low area near the lake that may be vegetated wetlands. There is an area that was previously disturbed when the cross country sewer lines were put in and the Commission may want to make note of that in the Order of Conditions to make sure there is no further disturbance. Mr. Frydryk stated it is proposed to put in a new driveway and reconfigure the house closer to the road to reduce the driveway grade to 15%, as it exists
now it is 25% grade.
Davis Johnson questioned how the angle was to be cut?
Donald Frydryk stated the first floor would be raised up and the driveway made longer to cut the grade. Erosion control would be installed along the sides to protect the properties on either side. He stated the disturbance toward the lake is minimal any slope over 4-1 would be mulched and seeded. It is not within endangered habitat and there is no disturbance to the bank and BVW. Mr. Frydryk stated he wanted to make it clear that this is not tornado damage.
Davis Johnson questioned when the sewer was put in?
Donald Frydryk stated the late 1970’s early 1980’s.
Glenn Colburn questioned if there should be a berm along the road?
Donald Frydryk stated the problem with a berm would be that the water would be directed onto someone else’s property. The subject property is situated at the high point of the road and water goes both ways.
Glenn Colburn questioned if any trees were to be saved?
Donald Frydryk stated trees would stay right up to the limit of work.
Andrew LaRoch the contractor was present at the hearing and stated at this point only one tree is to be removed.
Glenn Colburn questioned if the house would be tied into the municipal sewer system?
Mr. LaRoch stated the Monson Water & Sewer Department wants new lines put in.
Glenn Colburn stated that adjustment should be shown on the plan in addition to the erosion control.
Donald Frydryk stated the new well will be drilled before the old driveway is removed.
Audra Staples moved to close the hearing and issue an Order of Conditions.
Davis Johnson seconded the motion.
It was so voted unanimous.
Audra Staples moved to accept the minutes of November 28, 2012 as presented.
Glenn Colburn seconded the motion.
It was so voted unanimous.
8:25 MAIL
- Forest cutting plan 54 acres Reimers Road, Spelko.
- Copy of letter the Commission sent to the Board of Assessors re: property owned by John M. Pekala on Cedar Swamp Road.
- Chapdelaine Construction received the Determination for Lakeside Drive, Moran.
Glenn Colburn questioned if the Commissioners wanted to go out again and look at the wetland line on Macomber Road?
It was discussed that the weather would be the determining factor.
8:45 Glenn Colburn moved to adjourn.
Davis Johnson seconded the motion.
It was so voted, unanimous.
Respectfully submitted,
Linda A. Hull
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