MONSON CONSERVATION COMMISSION
MINUTES MARCH 13, 2013
MEMBERS PRESENT: Leslie Duthie, Glenn Colburn and Davis Johnson
MEMBERS ABSENT: Audra Staples
ALSO PRESENT: Mark Stimson, DEP Circuit Rider
7:00 Keith Terry, Sherman & Frydryk and Dan Laroche, Disaster Recovery Manager met informally with the Commission to discuss a project on Park Road.
Dan Laroche stated since the June 1, 2011 tornado, work at Flynt Park to clean up the tree damage and repair and replace the drainage on the soccer field has been undertaken with grant monies. The work also included the swale along the side of Park Road that was damaged and the Highway Department has armored the road side of the swale. When this was discussed previously with the Commission, the Commission pointed out the problems on the field side and questioned if that could be addressed. He stated they would like to discuss the plans with the Commission to see if and what is needed for a filing. The plan is to get the design work and permitting approved and if enough money is left, to do the repair work.
Keith Terry stated they looked at the water shed and ran the calculations to determine what they would need for a swale to convey the water along the side of the road. The base of the swale is proposed to be two feet wide with a 4-1 slope to the bottom of the channel. The topography would be matched at each area where the water flows into the channel and rip rap pads used to help armor the input into the channel.
Leslie Duthie questioned if rip rap was going to be put in the channel?
Keith Terry stated the rip rap would be placed adjacent to the paved channel in the areas where water flows into the channel.
Dan Laroche stated over time the water has cut the channel deeper than it needs to be for the flow.
Keith Terry stated there would be cut areas to avoid 1-1 slopes. The slope against neighboring property is severe and it is proposed to stabilize that slope.
Dan Laroche stated the work starts down slope from the entrance to Flynt Park because the problem area starts where the water comes off the back side of the soccer field.
Leslie Duthie questioned if the swale at the top by the gates was natural or paved?
Dan Laroche stated it is natural.
Keith Terry showed photographs of the channel with the ball fields behind taken from along the roadway to demonstrate the erosion in the channel. He stated they explored the possibility of using fabric in the swale but it will have to be a paved swale to convey a 10 year storm. It is not the intent to manage everything at this point the water coming down the swale is going into a 15 inch pipe. .
Dan Laroche stated there are bigger questions the Town will have to address in the future regarding how to manage stormwater running down to Chicopee Brook.
Keith Terry stated it is not necessary to move any utility poles for this work.
Leslie Duthie questioned how the excavation would be handled?
Keith Terry stated where the slope is cut back in one particular area and along the length of the shoulder of the roadway it would be cut and filled with bank run gravel. There would be an 8 inch base of bank run gravel under the paved swale.
Leslie Duthie questioned the length of the wetland area adjacent to the work proposed?
Keith Terry stated approximately 150 feet.
Glenn Colburn questioned if it was Bordering Vegetated Wetland (BVW) or an intermittent stream?
Keith Terry stated there are water courses but no intermittent stream.
Leslie Duthie stated there is a substantial wetland area because the soccer fields above funnel water down to the area under discussion. There has been a water issue with the fields for many years water seems to seep out randomly. Ms. Duthie stated there is a vernal pool but she was not sure there was an intermittent stream.
Mark Stimson stated it would seem it was a jurisdictional intermittent stream.
Leslie Duthie stated she believed this was a worth while project that would benefit the Town and abutters. It was a doable project but she thought it would require filing a Notice of Intent.
Glenn Colburn stated he would agree, there is quite a bit of filling in a resource area and the Commission would need to see figures what is being filled and where the replication is proposed.
Mark Stimson stated the Commission should look at the NOI to see how the work complies with the performance standards for each resource area that is impacted.
Leslie Duthie stated there is a significant amount of Japanese Knotweed in this area.
Keith Terry stated they did not intend to disturb anything more than is absolutely necessary.
7:45 NOI Quaboag Rider, Inc. 37 King Avenue continued. The work proposed is the alteration of a stream crossing and the relocation of a path to the top of the hill climb.
Leslie Duthie stated the Commission has worked with the Club in the past with regard to the run off from its property and has a good relationship with the Club.
Ray Mansfield stated he spoke with Karen Hirschberger to make sure DEP had received everything because he sent the copy that should go to DEP Western Region to Boston in error. Ms. Hirschberger said that he would need a water quality permit and a wetland specialist to determine the resource area and if the performance standards could be met. Mr. Mansfield stated he thought that he had satisfied the requirements to show that this was not a perennial stream but an intermittent stream by documenting that if was not flowing over a seven day period.
Leslie Duthie stated the Commission is concerned that filling the stream with rocks in order to drive across to get to the top of the hill will compact the material over time and the Club will put more stone on top and so on, in essence damming up the stream. As the stone is compacted fines will build up and water will not flow through.
Ray Mansfield stated the existing crossing area is all stone and over time the rocks have sunk in. The Club held races across the area last year and that is what focused attention on this area. The Club is no longer using the area for racing but would like to use what is there to alleviate the problem with taking the sand from the bottom of the hill to the top. Currently the road to take the sand from the bottom of the hill to the top is straight up the hill. If the crossing can be utilized the new path will go across the hill and not straight up. Mr. Mansfield stated the Club does not want to put in a culvert but would rather keep what is there and if it should flood the area is flat and the water will flow uniformly across the stone crossing.
Glenn Colburn stated he was concerned that what was proposed would not work. Placing rocks into a channel would allow debris, leaves, sticks and silt to build up and change the flow characteristics because of damming up the channel. He stated this is presumed to be a perennial stream it would be better to bridge it. Filling the stream channel with rocks does not meet the performance standards of the Act. A consultant would help to determine how big the bridge should be, there are certain parameters that have to be looked at.
Ray Mansfield questioned why it was presumed to be a perennial stream?
Leslie Duthie stated because it is shown as a solid blue line on the map.
Mark Stimson quoted a section of 310 CMR 10 Section 10.58 2 relating to field observations made by a competent source that observation made at least once per day over four days in twelve month period during a non drought period. The field observations shall be documented by field notes, dated photographs and or video and submitted to the issuing authority.
Davis Johnson stated when the property belonging to the Phillips family on Wilbraham Road was divided into lots the consultant proposed that because the drainage area was not of sufficient size one of the stream should be classed as intermittent.
Mark Stimson stated when a stream appears on the topo map as a blue line it is presumed perennial and the water shed area cannot be used to overcome that presumption. He stated he would agree with Glenn Colburn that this stream cannot be piped and advised the Commission to apply stream crossing standards. Additionally there appears to be BVW alteration and the Commission cannot approve the work without replication.
Ray Mansfield stated they were not changing the crossing height just working on the bank.
Glenn Colburn stated placing stone in the stream is a violation of the Act and the Commission should be addressing removal of the stone and reiterated that it would be better to bridge the stream.
Mark Stimson questioned the quantity of un-permitted resource area impacts?
Glenn Colburn stated he would estimate approximately 200 sq. ft. of BVW and approximately 8 – 10 feet of linear bank alteration.
Mark Stimson advised the Commission to recommend that the applicant hire a consultant who would assist them to quantify the resource area impacts and file a Notice of Intent. He advised the Conservation Commission to issue a friendly Enforcement Order for the violations referencing the mitigation and time lines. The mitigation could be incorporated into the Order of Conditions.
Glenn Colburn questioned the purpose of a second Enforcement Order?
Mark Stimson stated the second enforcement order should reference the Order of Conditions.
Ray Mansfield stated his concern regarding how much stone to take out, because that would wipe out the BVW.
Mark Stimson stated that is why the Club should a hire consultant to help with the NOI and the restoration plan. The NOI could include work that the Club wants to do.
Leslie Duthie stated the Commission would issue an enforcement order and continue the hearing to April 24, 2013 in order to give the Club time to hire a consultant and come up with a restoration plan and a plan how to address the stream crossing.
Leslie Duthie moved to continue the hearing to Wednesday April 24, 2013.
Davis Johnson seconded the motion.
It was so voted unanimous.
8:40 NOI Paper City Partners, LLC 32 Cushman Street, continued.
Also present: Jason Barruso, Tighe & Bond.
Leslie Duthie stated she had an opportunity to look through the NOI. DEP has issued a file # DEP 228-0350 and commented on the Water Quality permit.
Leslie Duthie stated the Commission discussed the installation of a silt fence along the river front with Melissa Coady at its last meeting and discussed the type of measures in place to protect the resource area during excavation in case of equipment problems.
Jason Barruso stated the contractor would be required to have spill containment on site.
Leslie Duthie stated the boom is still in Chicopee Brook to contain anything that is seeping out. The semi-collapsed portion of the building is to be demolished, the oil tanks removed and soil testing performed on site.
Jason Barruso requested that the Commission include in the Order of Conditions that silt fence would be required along the resource area and bank unless the material was stockpiled out of the resource area. Hay bales would be used around stock piled material and the stock piles would be covered.
Glenn Colburn moved to close the hearing and issue an Order of Conditions.
Davis Johnson seconded the motion.
It was so voted, unanimous.
9:00 NOI Sutcliffe Road, Dean Pond Mass DCR continued.
Leslie Duthie stated she attended the Brimfield Conservation Commission hearing two weeks ago for its hearing on the NOI for Sutcliffe Road. The Brimfield Commission is still concerned with the proposed drawdown rate and the location of the pumps near the dam. The Brimfield Commission has an Enforcement Order in place for an area below the dam. Ms. Duthie stated the Brimfield Commission did not close the hearing.
Leslie Duthie moved to continue the hearing to April 3, 2013.
Glenn Colburn seconded the motion.
It was so voted unanimous.
9:15 MAIL
- Antonio Fernandes filed an ANRAD for Boston Road.
- Harold Bailey received his Order of Conditions Old Stagecoach Drive.
- Copy of NHESP conditions for National Grid Reliability project.
- Copy of APR monitoring report for Chuck Adams Town Farm Rd.
- Copy of forest cutting plan Moulton Hill Road, Plumley.
- Various building permits.
The Commission set a site visit for Boston Road, Antonio Fernandes for Monday 18th 2013 at 4:30 P.M.
Leslie Duthie stated she has been Chairman of the Conservation Commission for sometime now and would like another Commissioner to take over the job. Ms. Duthie stated she would like to focus more energy on land acquisition and management. In that vein Jerald Gates called the office to discuss the remaining land on Carpenter Road. McCray Realty owns three lots on Carpenter Road and would like to donate the land to the Town. Mr. McCray has already gifted some of the land to the Town and set up an endowment to manage it. Ms. Duthie stated she would like to hire a forester and maintain the land as early successional habitat with the exception of Lot 3 which is the lot that presents the least amount of problems to build on. The lot could be sold and the money used to maintain the other land. Ms. Duthie asked the Commissioners to think about it and she would call Jerald Gates.
Glenn Colburn moved to accept the minutes of February 20, 2013 as presented.
Davis Johnson seconded the motion.
It was so voted unanimous.
9:30 Mark Stimson discussed the Enforcement Order that he advised the Commission to issue to the Quaboag Riders Club. He reinforced the need to document everything when issuing an Enforcement Order including a note book in which every visit to the property is logged, the findings, dates and times are logged; dated photographs and who took the pictures. The more information the Commission has the easier it is to get a resolution to the order. Mr. Stimson discussed electronically filing an Order of Conditions and said he would work with the Commission to help them do this.
10:00 Glenn Colburn moved to adjourn.
Davis Johnson seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
| 
