MONSON CONSERVATION COMMISSION
MINUTES JANUARY 30, 2013
MEMBERS PRESENT: Leslie Duthie Glenn Colburn and Davis Johnson.
MEMBERS ABSENT: Audra Staples
The Commission reviewed a letter from Charles Richard requesting an extension of the Order of Conditions for Lot 36 and 37 Heritage Lane.
At a meeting in January of 2010 the Commission stated that the Order of Conditions for both lots was automatically extended under the Permit Extension Act, Section 173 of Chapter 240 of the Acts of 2010 to January 1, 2013. The State has extended the Act for another two years and the Order of Conditions for Lot 36 and 37 Heritage Lane is extended to January 1, 2015.
Mr. Richard owns Lots 39 and 38 Heritage Lane and in 2005 filed a Notice of Intent for each lot. The NOI was not completed for either lot and no Order of Conditions was issued. After reviewing the material submitted the Commission stated when Mr. Richard is ready he should start the process from the beginning for Lot 38 and Lot 39 and file a Notice of Intent.
7:15 Informal discussion with Donald Frydryk, Sherman & Frydryk, Land Surveying & Engineering regarding an amendment to the Order of Conditions for 63 Lakeside Drive.
Mr. Frydryk stated when the project was reviewed it contained a provision for a garage at a future date. The property owners have now decided to construct the garage at the same time the house is constructed. The original plan shows a driveway with a steep slope, instead a one car garage will be constructed with the grading matched to the garage foundation. Mr. Frydryk questioned if the Commission would allow the revision of the plan to be noted on the Order of Conditions. He stated the proposed garage was provided for in the NOI submitted to the Commission but the slope in the area where the garage is to be constructed was steeper and the grade matched to the driveway. He stated the building is to be raised up so a greater expanse of foundation will be visible and the grading matched to the
garage. This will reduce the steepness of the slope.
Leslie Duthie stated personally she liked the fact that the grade of the slope would be reduced and felt that it was a plus that in that section of the building it would not be a straight shot down to the lake.
It was the unanimous decision of the Conservation Commission that it would accept the plan and make a note on the Order of Conditions that as discussed with the Conservation Commission the plan was revised 1/29/2013.
Donald Phillips met with the Commission regarding the extension of the Order of Conditions for maintenance of Stagecoach Lake.
Glenn Colburn stated the Order is automatically extended under the Permit Extension Act to April 27, 2017.
7:30 NOI Sutcliffe Road, Dean Pond Road, Mass. DCR.
Leslie Duthie stated she contacted Robert Hartzell and suggested a joint meeting with Brimfield Conservation in Monson on February 20, 2013. A site visit has been arranged for February 4, 2013 any Commissioner who is free to go is welcome and Ms. Duthie would determine the time and let everyone know. The beach and inlet where most of the work will take place is in Monson. The Brimfield Conservation Commission has reservations that the project does not protect the downstream fisheries, specifically about siltation because there is an existing dam.
Glenn Colburn stated he could understand that.
Leslie Duthie stated Brimfield has asked the applicant to explore the possibility of a coffer dam where the water exits from the existing dam.
Leslie Duthie moved continue the hearing to February 20, 2013.
Davis Johnson seconded the motion.
It was so voted, unanimous.
7:40 The Commission ratified the Emergency Certificate issued to Paper City Partners, LLC to install containment booms in the brook at 32 Cushman Street in response to an oil release.
Davis Johnson moved to accept the minutes of January 9, 2013 as presented.
Leslie Duthie seconded the motion.
Davis Johnson and Leslie Duthie voted aye.
Glenn Colburn abstained.
7:45 NOI 40 Old Stagecoach Drive Harold Bailey DEP # 228-0348
Donald Frydryk, Sherman & Frydryk, Land Surveying & Engineering representing the property owner stated it is proposed to make improvements to the existing house and put in a new septic system and well. The existing septic system will be abandoned as required by Title V. There is limited suitable area for the installation of a new septic system that maintains the proper distance from the well and it is proposed to locate it under the driveway. The driveway and retaining wall is to be removed and after the installation of the septic system the driveway and a concrete wall will be installed. There is a steep grade down to the lake and the property owner proposes to hand plant the slope with a variety of bushes to stop mowing most of the slope. The wetland delineation shows the site
is within the 100 foot buffer zone. The total area within the 100 foot buffer is approximately 12,210 square feet of which approximately 8,950 square feet will be disturbed during the construction of the building addition and new septic system. Approximately 2,280 square feet will take place with 50 feet of the wetland line. Erosion controls will be placed at the limit of disturbance and all disturbed areas will be loamed and seeded at the completion of the work. It is proposed to install a rain garden for minimum maintenance.
Leslie Duthie questioned what was happening with the existing trees?
Donald Frydryk stated there is one tree on the property that the owner wants to keep if at all possible. A stone walk way will be installed for access to the pond and that is the only area on the slope that is to be mowed. The rest of the area will be planted with native bushes.
Leslie Duthie stated she thought is was a good trade off to allow access to the back yard area and improve it with a rain garden, and liked the idea to naturalize the slope leading to the lake.
Glenn Colburn stated he agreed and liked the plans for the slope because it would certainly be better for the lake. He questioned if an anti tracking pad should be laid down because of the construction traffic?
Donald Frydryk stated there is not a lot of room, only part of the existing driveway is to be removed.
Leslie Duthie stated a condition of the Order of Conditions could be that if all of the existing asphalt is removed an anti tracking pad must be installed.
Leslie Duthie moved to close the hearing and issue an Order of Conditions.
Donald Phillips questioned how far from the lake was the septic system?
Donald Frydryk stated existing now it is probably 80 feet, the new system will be 52 feet and that meets Title V requirements of 50 feet.
Glenn Colburn seconded the motion to close the hearing.
It was so voted unanimous.
8:10 NOI Macomber/Upper Palmer Roads Cornerstone Power LLC continued.
Present at the hearing: Jeff D’Ariggo, Sage Environmental, Bryan Reiser, Whitman Engineering, Nicholas Bullinger, Hecate Energy, Andrew Boggs, Hecate Energy.
Leslie Duthie stated before the discussion begins she would wanted to bring to the applicants attention that there is a discrepancy regarding the acreage involved and the stormwater analysis. The revised Notice of Intent dated January 10, 2013 states the proposal is to construct a ground-mounted photovoltaic system located on approximately 84 acres of farm land. The Stormwater Analysis prepared by Whitman Environmental & Engineering dated December 28, 2012 states the system is located on 56 acres of land. The Commission questions if the calculations in the stormwater analysis are based on 56 acres or 84 acres?
Bryan Reiser stated he would get back to the Commission with the answer.
Leslie Duthie stated she would like the paperwork corrected so the Commission knows if it is dealing with 56 acres or 84 acres.
Jeff D’Arrigo stated following a site visit and meeting with DEP and the Commission it was determined it would be best to scale the project back to buffer zone work only. All of the work is removed from the wetlands including the gravel driveway and only the sonar panels are in the buffer zones. A new parcel has been added it was not included originally although it was flagged. The applicant is looking at the parcel to see if it would be suitable to make up for the panels located in the wetlands. It is represented on the new plans as being part of Phase 3.
Nicholas Bullinger stated they have initiated discussion with the Arooth family to amend the agreement.
Leslie Duthie questioned if all of the transformers were out of the wetlands?
Jeff D’Arrigo stated he contacted New England Wetlands Plants, Inc. for a list of shade tolerant low maintenance grasses. He submitted a copy of the list to the Conservation Commission.
Davis Johnson stated the wetland boundaries are indistinct in a number of areas on the property.
Jeff D’Arrigo agreed stating the flags have been damaged but prior to construction straw waddles would be installed.
Leslie Duthie questioned if Mr. D’Arrigo had addressed the remarks from DEP regarding excavation of soil for the solar panels?
Jeff D’Arrigo stated now the work has been moved from the wetlands into the buffer zone the excavation of soil is no longer considered fill, and because it is buffer zone work only it is no longer necessary to do anything with the Army Corp of Engineers. The stormwater has been beefed up, there is no increase of run off from the site and the infiltration stays the same.
Leslie Duthie questioned what was being done to address Robert McCollum’s concern regarding compaction?
Bryan Reiser stated a gravel driveway is not considered impervious. There are two drainage areas on the larger parcel. There is less discharge on drainage area one because the water is slowing down and allowing more infiltration.
Leslie Duthie stated there would be equipment on the access roads and because of the high water table the property tends to be wet, she was concerned about compaction during the construction process.
Bryan Reiser stated there would be minimum compaction as the equipment would go up and down the rows where the panels are to be located. Once the construction is complete someone would probably be there once a month to mow and in the growing season a little more to mow.
Leslie Duthie stated she was not so concerned under the solar panels because it will be planted with a wetland mix.
Andrew Boggs stated they would use thicker gravel for the roadways.
Bryan Reiser stated ¾ inch stone would be used, no cement dust it would be clean stone and no smaller pieces would be use to make it compact together.
Leslie Duthie stated she was thinking about the interlocking angular stone for the driveways. She questioned when construction was expected to start?
Nicholas Bullinger stated Massachusetts has mandated a total of 400 MW for the whole State. As the State qualifies each project the closer the total number of projects in the State comes to 400 MW it will take longer and be more difficult to get a project qualified. It is proposed to do the project in phases with the first phase to start in the summer of 2013 and the second and third phases next year. The first phase of 3 MW is to be connected directly to the distribution line the second and third phases of 5 MW and 4 MW respectively will connect to the transmission lines. Notice has already been given to National Grid to tap into their lines but it takes longer a 12-18 month lead time for permission to tap into the larger line.
Leslie Duthie questioned how the size of this facility compared to others in the State?
Nicholas Bullinger stated it would be one of the larger groupings.
Leslie Duthie questioned if the direct connection to the distribution line would be a benefit to Monson with cheaper electricity?
Nicholas Bullinger stated it would not make any difference to the cost of electricity, but it may result in grid reliability which would be a benefit for Monson.
Leslie Duthie questioned the plantings around the site more particularly for the residents of Macomber Road.
Bryan Reiser stated it is proposed to use Mountain Laurel and Rhododendron three to five feet in height and the same along Upper Palmer Road.
Leslie Duthie questioned if the removal of the invasive species in areas especially along Upper Palmer Road could be worked into this project?
Jeff D'Arrigo stated he believed it could be worked in during the grubbing process and remove the invasive species multi flora rose and honeysuckles right up to the wetland line. It would not be a hindrance to tend to the invasive species during the scheduled maintenance.
Nicholas Bullinger stated it was in their best interest to keep the property looking as nice as possible.
Glenn Colburn stated the project has changed and the wetland lines have changed. The Commission has not really looked closely at the wetland lines. He believed the Commission needs to look at the project when it can see soils and vegetation and determine if the wetland lines are accurate. The second concern is that the Commission has not had a filing like this before and he felt that in the best interest of the Town and the applicant there should be a peer review for the completeness of the filing and stormwater calculations.
Davis Johnson stated he agreed that when the Commission was on site it was hard to get an idea of where the flags were. Additionally the Commission should know exactly the acreage the stormwater calculations are based on.
Leslie Duthie stated she agreed with her colleagues the project is larger than anything the Commission has reviewed before. Ms. Duthie stated it is a long wetland line but felt confident that the Commission had the expertise to review the wetland lines when the conditions are right. The Commission would like to seek proposals for a peer review at Cornerstone Power Monson, LLC’s expense.
Nicholas Bullinger stated Hecate Energy would not object to a peer review it has happened on other projects and would submit a list of companies it has worked with. The Commission could put forth names of companies and between the two lists would be able to come up with three or four companies acceptable to both parties. The Commission would then choose someone from the agreed upon list. The peer review would be for completeness of the submission and stormwater analysis.
Leslie Duthie stated the cost of the peer review would be the applicant’s responsibility.
Nicholas Bullinger concurred and questioned the time frame?
Leslie Duthie stated the Commission would hope that the ground would be clear and vegetation showing at the end of March beginning of April. The peer review could move forward without waiting for the site visit.
Glenn Colburn agreed stating the peer review could be completed as soon as possible then it would only leave the wetland flags to be agreed on.
Leslie Duthie stated the Commission has meetings scheduled for Wednesday April 24, 2013 and May 15, 2013. If everything goes smoothly the Commission maybe able to close the public hearing at a regularly scheduled meeting before that.
9:10 MAIL
- The Commission received an update of the clean up operation at Flynt Park and the Keep Museum.
- 63 Lakeside Drive, Mr. Elguero received hi Order of Conditions.
- NOI of Intent from the Quaboag Riders Inc. King Avenue.
The Commission will advertise the hearing and schedule it for February 20, 2013.
Leslie Duthie stated the crossing has been raised by approximately 2 feet and 16 hundred cubic feet of stone added to allow water to flow through.
Davis Johnson questioned if this was the crossing that was put in to allow racing and if it was the proposal of the Club to leave the stone in and add to it?
- Copy of a release from DEP to Taddeus Bukowski regarding the clean up of Chicopee Brook. Mr. Bukowski has completed the clean up and the matter is closed.
- Notification that a vernal pool located on Peaked Mountain has been certified.
- Copy of the agenda for the MACC annual in March.
- Keystone program Thursday April 11 to April 14 at Harvard forest.
- Copy of the Lakes and Ponds bulletin.
- Various building permits.
Carl Gustafson 40 Pease Avenue contacted the Commission regarding 16 acres of land on Pease Avenue. It is back land that abuts the property owned by the Conservation Commission.
Leslie Duthie stated she would contact Mr. Gustafson.
9:20 Leslie Duthie moved to adjourn.
Davis Johnson seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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