MONSON CONSERVATION COMMISSION
MINUTES AUGUST 28, 2013
MEMBERS PRESENT: Glenn Colburn, Leslie Duthie, Davis Johnson and Audra Staples
7:06 Jeffrey Kuselias 2 Carpenter Road met with the Commission to discuss his property and the clearing that has taken place that extends into the buffer zone of a resource area.
Leslie Duthie stated the Commission met with Mr. Kuselias’ tenant Kim Martin and discussed the clearing that she had done on the property and the restoration that she was responsible for. However the Order of Conditions that was issued for the property includes condition # 23 that requires permanent markers to be placed to identify the wetland boundary. Additionally the Commission did not issue a Certificate of Compliance on the property.
Mr. Kuselias stated they were there and the Commission did inspect them it could be that the tenants removed them when they were clearing the property not knowing what they were.
Leslie Duthie stated that could well be because the tenant did use a small bobcat on the property. Mrs. Martin’s son did the work and the Commission believes he had no idea that the metal posts were permanent bounds and deliberately placed there. The Commission is asking the property owner to replace the permanent bounds and submit an “as built” plan with a request for a Certificate of Compliance. When the locations of the permanent bounds are marked on the property the Commission will check them before they are installed.
Mr. Kuselias stated for clarification the Commission does not want the permanent bounds put in until the location of each one is checked.
Glenn Colburn stated yes Mr. Kuselias should locate the markers and notify the Commission. The Commission will then check the location and if it agrees that they are correctly located notify Mr. Kuselias to go ahead and install the permanent bounds.
Leslie Duthie stated when the Commission met with Kim Martin the probable locations of the permanent markers was discussed. The Commission stated it would ask Mr. Kuselias to install them but made it clear that the responsibility lies with Ms. Martin to return the back yard to its original grade and to reseed it. The property has a limited yard area and that is something any owner of this property must understand and be willing to live with.
7:30 NOI King Avenue Quaboag Riders Club continued. Heather Comee Pioneer Environmental presented the Restoration Plan for the stream crossing. Ms. Comee submitted a map stating the green lines signify the wetland boundaries; the blue lines the wetland channel and the area marked in magenta is where disturbance occurred. It is proposed to restore the areas of disturbance by removing the rocks that were placed there and let the areas return to a natural state.
Audra Staples stated as she remembered at the crossing something was placed over the rocks for the motorcycle racing and she was not sure whether it was compacted dirt or wood.
Ray Mansfield stated it was hayed and seeded.
Heather Comee stated there is dirt over the existing crossing but where the road extends into the wetlands it is just rocks. Some of the rocks added by the club are in the resource area and others in the buffer zone.
Leslie Duthie stated she believed the gravel rock drive is totally in the buffer zone.
Ms. Comee stated that was correct.
Leslie Duthie stated there is Bordering Vegetated Wetlands both sides of the gravel road in this area and the intermittent stream is what connects those areas.
Heather Comee stated that was correct. Pioneer Environmental is only addressing the restoration and as stated previously want to accomplish that by removing the rocks that were more recently placed there and allowing the area to return to its natural state. The Club is trying to decide what to do about the crossing. The idea is to raise the elevation of the roadway where the stream crosses so it is not as steep, or lower the down side to accomplish the same thing. It is dependent on the budget.
Glenn Colburn stated the Club has placed rocks and stones on the stream crossing over a number of years causing the intermittent stream to meander through the rocks. He stated he believed at one time this was probably an ATV trail that has turned into a crossing with the addition of the rocks and stones over time.
Heather Comee stated when she looked at the crossing it was easy to see where the new rocks were added but could not say what was there before, as opposed to now. She stated she tried to make an educated guess where the old roadway was and what was added and would agree that water does flow over it in significant storm events.
Audra Staples stated when the Commission looked at it there was significant flow.
Glenn Shorette stated the Club does not have any racing in that area now.
Leslie Duthie stated she believed what was proposed for the restoration of the area was fine remove the stones and let the area return to its natural state, but her concern was that the Commission has been talking to the Club for a couple of years regarding the problem with the road, winter is coming and it appears as though another winter will go by without a plan for this area. Ms. Duthie suggested the Commission set a date by which the restoration must be completed and a date by which the Club must submit a plan to the Commission for the crossing. The Commission understands there are financial concerns but this situation has been dragging on for too long.
Glenn Shorette stated the Club would implement the restoration plan immediately.
Leslie Duthie stated that was fine but it did not solve the problem of the roadway.
Ray Mansfield stated the Club proposed a plan in the Notice of Intent filed in February 2013 although it may change by adding a little here cut a little there.
Leslie Duthie stated the Commission needs elevations and clear plan of what is proposed. If the Commission received a plan it can approve it will then write an Order of Conditions and the Club would have three years in which to complete the work.
Glenn Colburn stated it must be a plan that the Commission can approve and that shows in detail what is proposed, show where the cuts will be; elevations; erosion control; and if it is going to be a long drawn out project with areas left open how will the Club stabilize those areas. Mr. Colburn reiterated that he did not think the water always flowed over the rock it is the addition of rock in this area over time that has caused this situation. Eventually silt and sediment will build up and if the Commission allows the Club to keep adding rocks in this area it will create a dam and that is the opposite of what the Commission is trying to accomplish.
Audra Staples questioned if the Club had considered abandoning the crossing?
Glenn Shorette stated the access the Club currently uses to the top of the hill is very steep and creates erosion problems if the Club could use this crossing it would abandon the present access to the top of the hill.
Davis Johnson questioned how the Club could use the crossing with the flow of water going over it?
Ray Mansfield stated they would have to modify the plan that was submitted with the Notice of Intent.
Leslie Duthie stated she believed that the Commission was happy with the proposed restoration plan and the Club should move forward with that. The alteration to the crossing is a separate issue. The Commission has an open Notice of Intent but it has been dragging on maybe the Commissioners should make a site visit and meet with Mr. Mansfield on site. The Commission wants to see a plan that it can approve sooner rather than later no later than October 9, 2013.
Glenn Colburn stated he agreed and would like to see the restoration completed by September 18, 2013. The Commission could inspect the restoration and meet with Ray Mansfield to discuss the changes to the crossing at the same time.
8:00 NOI Boston Road West Antonio Fernandes & Elizabeth Fernandes continued.
Also present Michael Mocko Environmental Consultant.
Glenn Colburn stated the Commission received faxed correspondence addressed to the Monson Planning Board, Zoning Board of Appeals and Conservation Commission that raises some issues from Roger and Lorraine Landry.
Michael Mocko stated a lot of things in Mr. & Mrs. Landry’s correspondence do not appear to be accurate. There is an existing historical driveway cut into the property that is used by the ExxonMobile pipeline, CSX Railroad and National Grid.
Mr. Fernandes stated the gate that is there is the cut into the property.
Glenn Colburn stated to clarify there is an easement on Mr. Fernandes property to allow maintenance of the pipeline, railroad and electrical substation.
Mr. Mocko stated who knows how long these companies have been using the paved curb cut in order to maintain there equipment. Mr. Fernandes has contacted the State Highway and they will look at it. There are historic uses that can continue because the use predates certain events. Mr. Fernandes owns a specialty excavation business that provides screening and gravel processing to other contractors and proposes to use this property to store his machinery and repair the equipment as necessary. It is proposed to construct a parking lot for the storage of equipment and a metal building in which to repair and maintain the vehicles and equipment. Mr. Fernandes uses a low bed trailer with approximately 6 inches of ground clearance to move his equipment to the various work sites which is a limiting
factor in the design of the driveway and parking lot. The property has a knoll that will be graded down and Mr. Fernandes is currently in the process of applying for a special permit for earth removal to the Zoning Board of Appeals. The work proposed will occur in the 100 foot buffer zone but there will be no disturbance of wetlands proper. Stormwater mitigation is proposed through storage and infiltration via a bio-retention basin on the lowest part of the lot. Erosion controls are proposed throughout the construction and every precaution will be taken along with good engineering practices including using pervious gravel on the parking area for maximum infiltration and grassed areas on the sides of the parking area to filter any run off. Running surface water goes through the grass area prior to entering the basin that is designed to filter the water and discharge it to a stone rip rap pad that disperses it to wetlands. The
bio-retention basin will have a specific soil mix for filtration and will be planted with vegetation, there is a four inch drain that exits to the over flow that exists to a stone pad. The bio-retention basin will handle most storms but in the event of a large storm the stone basin will fill up and then go into the four inch over flow pipe and out to the stone rip rap pad.
Davis Johnson questioned if the run off from the parking area is funneled though this system?
Michael Mocko stated yes.
Davis Johnson questioned if any mitigation was proposed in the event that an oil or gas leak occurred in the parking area?
Antonio Fernandes stated any oil change would be done in building that is proposed and that has an oil and water separator that will connect to the Palmer Sewer System.
Michael Mocko stated the oil would go into a storage tank that is picked up by special firm and disposed of properly. The parking lot gravel is a specific type that will infiltrate approximately 25% of the run off and allow the rest to run toward the grass lined swales on both sides of the parking area.
Leslie Duthie stated the discussion is not about one vehicle but seven.
Mr. Fernandes stated if there were to be a spill he would have pig blankets on site and it would be cleaned up right away.
Glenn Colburn stated Mr. Mocko has stated this is a specific type of gravel that is designed to allow infiltration, the pig blanket will keep it in one place and the gravel will allow it to infiltrate into the ground.
Mr. Fernandes questioned if the Commission would prefer paving rather than gravel?
Glenn Colburn stated yes, he believed that a paved parking lot and catch basin system with deep sumps would be safer.
Leslie Duthie stated her concern that there could be run off onto the road.
Mr. Mocko stated no it was directed to a swale that on the road side goes into a pipe under the driveway into another swale that goes into a grass filter strip and then into the bio-retention basin.
Leslie Duthie questioned what stops the material coming out of the driveway?
Michael Mocko stated a stone anti tracking mat is proposed.
Glenn Colburn stated he walked down Boston Road and saw where fines were coming off either the anti tracking pad or the driveway.
Leslie Duthie stated she thought that was because the grading was not complete.
Mr. Fernandes stated that was correct once he had the permit in hand to remove the material he intended to have temporary erosion control in place to prevent run off.
Michael Mocko stated on sheet two a cross section shows the level spreader trenched into the existing grade and then humped out. The water goes through the level spreader that removes the fines and then spreads the water out uniformly. Once the parking lot is graveled and the grass is growing the level spreader has zero maintenance. Parking lot sands very rarely go out more than 20 to 30 feet, what is proposed will disperse the water not concentrate it and the level spreader acts as a sediment trap before it goes to the rest of the infiltration system. The parking lot will be 80 feet long and 60 feet wide in front of the building, typically equipment today does not drip and is not any more polluting than a car in a parking lot. The regulations require that 80% of suspended solids are removed
before discharge to wetlands. The proposed bio-retention basin alone accomplishes that that and the grass lined swales will provide extra treatment.
Audra Staples stated she agreed with Mr. Colburn she would prefer to see paving instead of gravel. This is similar to the group homes that have come before the Commission pave the parking lot and put in a water garden.
Mr. Mocko stated a water garden and bio-retention basin are pretty much the same with the bio-retention basin being a little better because there is an under drain and special filter in the basin. The water ends up in the bio-retention basin which is planted with certain vegetation similar to a water garden. The purpose of the plan is to meet the stormwater guidelines and providing the size basin proposed meets that criteria.
Audra Staples stated she was still not convinced the proposed parking area is constructed with material to infiltrate water and it will infiltrate anything else that comes of a vehicle.
Mr. Mocko stated he would have to look at the numbers.
Mr. Fernandes stated the trailers will scuff up the paving and the excavator will break it up because of the tracks.
Davis Johnson questioned if the trailers would scuff up gravel?
Mr. Fernandes stated the maintenance is easier gravel can be rolled out.
Mr. Mocko stated the equipment that Mr. Fernandes uses in his business would not be on this site for a great deal of time. The equipment is taken to work sites and left there until the job is complete or needs repair. There would not be a great deal of traffic on the gravel parking area and in the event that it is scuffed up the first rain storm would level it out. The gravel it is proposed to use has two specific qualities it does not pack so hard that is loses drainage but it does support wheel load on heavy equipment.
Glenn Colburn reiterated his concern with the potential for pollution stating he did not like the idea of a pervious parking lot and it was not addressing how to remove hydrocarbons.
Mr. Fernandes stated all repairs would be done inside the building and if his equipment leaked oil going down the road he would be pulled over by DOT.
Glenn Colburn stated he would prefer to be proactive.
Mr. Mocko suggested the applicant would give the Commission a written protocol for accidental leakage and part of that would be an on site emergency storage shed with absorbent pads and speedy dry.
Glenn Colburn stated it is not just major leaks that concerns him it is the little stuff that needs to be addressed as well and allowing water to go into a grassy swale and then an infiltration basin that is near to wetlands did not appear to be the best way to address the problem. A much safer option would be to have an impervious parking area with deep sump catch basins that will separate oil and water.
Mr. Mocko stated the deep sump catch basins must be maintained.
Glenn Colburn stated absolutely and the maintenance of the catch basin system should be part of the plan given to the Commission.
Leslie Duthie stated the Commission must think long term. The Commission believes Mr. Fernandes when he states that he maintains his property and equipment at the highest levels, but he may not always own the property and future owners may not be as good stewards of the property. The Commission does not get a second chance to review this property and it must take the opportunity to do the best it can to protect the wetlands.
Mr. Fernandes questioned if every site like this in Town has to have a paved parking area?
Glenn Colburn stated there are sites in Town that are grandfathered and even though ownership may have changed as Ms. Duthie pointed out the Commission does not get the opportunity to review the property. This is a new site that has not been developed and the Commission must look to protecting the wetlands long term.
Mr. Mocko stated this will change the calculations and elevations, and his client must also agree to change from gravel to paving.
Mr. Fernandes stated he had no problem with paving.
Mr. Mocko stated on behalf of his client he would like to request a continuance and would like permission to do test pits in the 100 foot buffer zone which would be opened and closed in one day.
The Commissioners stated they had no problem allowing test pits.
Mr. Mocko stated he would like to pursue maintenance of the existing pipe that drains to the wetlands with ExxonMobile Pipeline so the water is not backed up all the time behind the berm. Cleaning and repairing the pipe would be an overall benefit to Mr. Fernandes property.
Glenn Colburn questioned if TR20 was used for the stormwater calculations?
Mr. Mocko stated the calculations and numbers put in the formula came from TR20 and TR 55 for rainfall and infiltration and a rational formula for pipe flow calculations. He stated the analysis was for the 100 year storm and the 2 to 10 year for pollution abatement control.
Glenn Colburn questioned if when connecting to the Town of Palmer sewer system they would trench out to the street?
Mr. Mocko stated they would and at most it would be a one or two day project with stone bedding for the sewer line.
Audra Staples moved to continue the hearing to September 18, 2013 at 7:30 P.M.
Davis Johnson seconded.
It was so voted unanimous.
9:30 RFD 12 Bethany Road for Bedrock Financial, LLC to reconstruct house destroyed by the June 1, 2013 tornado in a slightly different location.
Glenn Colburn stated the Commission is familiar with the location and has asked the applicant to file because the reconstruction is not going on the same footprint as the home that was destroyed.
Audra Staples stated the stream does not really dry up at least it did not prior to the tornado and she believed it was not so much an intermittent stream as damaged stream.
Glenn Colburn stated he would like to see plantings on the side of the house closest to the stream, something like high bush blueberries and shade trees to protect the stream. A blueberry bush planted every 10 feet and a shade tree every 50 feet, no less than four trees.
Leslie Duthie moved to issue a positive determination for the area described on the plans that is subject to protection under the Act; and a negative determination for work within the buffer zone as defined in the regulations but will not alter an area subject to protection and does not require the filing of a Notice of Intent with conditions:
- Silt fence as shown on the plan.
- Plantings required, high bush blueberries every 10’ and shade trees every 50’ with no less than 4 trees.
Audra Staples seconded the motion.
It was so voted unanimous.
9:45 MAIL
- Copy of Request for Proposal document to lease Conservation land.
The Commission discussed additional language “when fencing is placed along streams etc. the Commission will approve location of fencing”. The Commission will give a copy to the Town Administrator for her review.
- Anonymous letter regarding property located on Bethany Road that is cluttered with trash, weeds, propane tank and oil storage tank.
Leslie Duthie stated she would look at the property.
- The Board of Health will hold a Hazardous Waste Day on November 2, 2013 8:00 to 12 noon Highway Department/Fire Department parking lot, Main Street. The Commission reviewed the collection procedures described in a letter and plan dated August 27, 2013 and is satisfied that adequate protection measures are being taken to protect Chicopee Brook.
- Robert Hartzell received the Certificate of Compliance for Dean Pond.
- Lycott Environmental gave notice of a treatment at Dean Pond.
- The Commission received a copy of an application for a special permit for Earth Removal on Boston Road West, Antonio & Elizabeth Fernandes from the Zoning Board of Appeals.
- Various building permits.
9:55 Leslie Duthie moved to adjourn.
Glenn Colburn seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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