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Conservation Commission Minutes 04/24/2013

MONSON CONSERVATION COMMISSION
MINUTES APRIL 24, 2013

MEMBERS PRESENT:  Glenn Colburn, Leslie Duthie, Audra Staples and  Davis Johnson.

The Commission signed the Area of Resource Delineation for Antonio Fernandes Boston Road.

Leslie Duthie moved to accept the minutes of April 3, 2013 as presented.

Glenn Colburn seconded the motion.

It was so voted, unanimous.

7:15 Glenn Colburn stated he spoke with Michael Shoum regarding the tires he buried on his property on Palmer Road known as Soft Touch Auto.  The Commission received an e-mail from Kimberly Shoum explaining that they were attempting to clean up an area that was damaged by snow removal.  They had a garden in that area of the property with a dahlia bed and used the tires to create a retaining wall.  Ms. Shoum wrote that every tire has been removed and taken off of the property and the sand they used to fill the tires has also been removed.  They have rebuilt the dahlia bed using 4 x 4 lumber and reused the soil that was there.

The Commission gave a copy of the e-mail to the Board of Health.   

The Commission discussed the steps it could take and concluded that it would send a letter to Mr. Shoum reminding him there could be no expansion to the garden area because any fill or dredging would be a violation of the Wetland Protection Act.  The property is in the flood plain and any fill would lessen the flood storage capacity.    

Leslie Duthie moved to issue a stern letter to Michael Shoum

Davis Johnson seconded the motion.

It was so voted, unanimous.

7:15 NOI Quaboag Riders Club, Inc. Audra Staples moved to continue the hearing to May 15, 2013 to a time to be determined.

Leslie Duthie seconded the motion.

It was so voted, unanimous.

7:25 MAIL

  • Letter from McCray Realty confirming discussion re: land on Carpenter Road that is to be gifted to the Town.
  • Tighe & Bond received the Order of Conditions for 32 Cushman Street.
  • Copy of the work order from Brady Yacek Northern Tree for Barbara Silverstein 19 Lakeshore Drive detailing the trees that are to be removed.
  • Tighe & Bond submitted proof of recording the Order of Conditions for 32 Cushman Street at the Hampden County Registry of Deeds.
  • New England Central Railroad notification of herbicide treatment after May 15, 2013 concluding around July 1, 2013.
  • CSX notification of right of way management.
  • Letter from Carmine Angeloni that the Forest Cutting Plan for Thomas Harrington, Wood Hill Road, 100 acres was sent to Natural Heritage and Endangered Species Program.
Leslie Duthie stated Monson High School senior Amanda Carrier has been working to put together a comprehensive list of the properties in Monson that have a Conservation Restriction and a list of the properties that are in care and custody of the Monson Conservation Commission.  Ms. Carrier put together a binder for each property that has a conservation restriction on it and each property that is under the care of the Conservation Commission.  Included in the binders are maps, deeds, copies of the restriction language where appropriate and photographs.  The Commission is appreciative of the work that went into researching each piece of property and for the quality of the final product.

Leslie Duthie stated Conservation Works, LLC prepared a Monitoring Report for the Conservation Restriction held by Opacum Land Trust on Flynt Quarry.  The report identifies sites that the Commission should take a look at because of encroachment on the southern boundary where a deck and private shed is very close to the line.  Opacum Land Trust also had a Baseline Documentation Report done for the Quinlan land on Reimers/Stebbins Road.  

Leslie Duthie stated she spoke with NHESP regarding the cutting that has taken place on  Andrew Beaulieu’s property on Carpenter Road it appears that approximately 10 acres has been cleared.

7:30 NOI Upper Palmer Rd/Macomber Road Cornerstone Power, Monson LLC hearing continued.

Present at the hearing: Fazli Qadir, Hecate Energy, Donald Frydryk Sherman & Frydryk, Land Surveying & Engineering and Bryan Reisser Whitman Engineering.

Leslie Duthie stated she spoke with Jeff D’Arrigo, Sage Environmental to arrange a date to walk the site and review the new wetland flags.   

Bryan Reisser stated he had reviewed the report from Donald Frydryk and requested permission of the Commission to send the revision of the minor modifications suggested by Mr. Frydryk directly to him.  He stated with regard to the Stormwater Analysis comments he would review those in depth and with the Commissions’ permission confer directly with Mr. Frydryk.

The Commission stated it had no problem with that but wanted a copy of the final documents reflecting any and all changes to the Notice of Intent and Plans, and to the Stormwater Analysis and Report.

Leslie Duthie stated she would assume the Commission could look at some of the concerns when it does a site visit.

Bryan Reisser stated the concern raised by Mr. Frydryk regarding WPA Form 3 Notice of Intent:

  • The notes on the Plans do not reflect the NOI form that this project is Buffer Zone Only.  Several notes refer to minimal clearing in wetlands; all disturbed wetland areas shall be replanted.  
Mr. Reisser stated this was a drafting error and all references to working in wetlands areas will be removed from the plan.

Leslie Duthie questioned Site Plan comments:

7.  Several of the proposed access roads are located down gradient of the panel
areas and it would appear that sheet flow from the fields will be collected and
concentrated within the access roads.

Mr. Reisser stated he believed that some of the flow may meander along the road.

Donald Frydryk stated over time it will channelize and get worse, there should be something in the maintenance and operation plan to address this.

Bryan Reisser stated there could be concentrated flows especially where the panels are perpendicular to the contours of land, it would depend how well the grass took.

Donald Frydryk stated he would agree that the areas where the panels are perpendicular to the contours are particularly vulnerable to channelization and in New England there are no guarantees the weather will cooperate to allow the grass to become established.  

Glenn Colburn questioned if there was a drip edge underneath the panels?

Fazli Qadir stated that is not a concern that has been brought up before but the panel area is much smaller than a roof.

Bryan Reisser stated something could be included in Operation and Maintenance to address the issue.

Glenn Colburn stated Mr. Frydryk has made a valid point the flow will be combined in one vertical path coming down the hill and there is no question that it will form a channel.  He questioned if the flow could be changed with swales?

Donald Frydryk questioned if each panel was individually drained?

Bryan Reisser stated there is space between the panels for run off to drain.
Donald Frydryk reiterated his concern that if a channel forms before the grass grows in the areas where the panels are perpendicular to the slope the water will continue to flow and channelize.

Leslie Duthie stated Jeff D’Arrigo has proposed a native seed mix.

Bryan Reisser stated they wanted something that will do well in sun and shade and does not require a lot of maintenance.

Leslie Duthie questioned if the panels move?

Bryan Reisser stated initially they proposed tracker panels but that has changed and they are now fixed.

Glenn Colburn questioned if there was an operation and maintenance plan for the Commission to see?

Fazli Qadir stated that plan will be developed when the project is started.

Glenn Colburn stated a copy of the operation and maintenance plan should be submitted to the Monson Conservation Commission when it is developed.

Glenn Colburn stated the Commission previously discussed keeping a space under the fence for wildlife migration and would like to see that on the plan.

Davis Johnson questioned if there were any studies or observations on changes to wildlife patterns after construction of a solar array?

Fazli Qadir stated he was not aware of anything specific.  He stated he was aware of studies on large plants in the western part of the country where large mirrors are used.

Bryan Reisser stated there is space between the rows of panels to accommodate the difference in the height of the sun in the summer and winter.

Leslie Duthie questioned Mr. Reisser’s response to Mr. Frydryk’s comments #10 of the Stormwater Analysis & Report:

10.  Donald Frydryk raised questions regarding the time of concentration for Drainage area -3 the flow path starts on the easterly side of the property and follows existing paths or roadways to the south and then west towards existing wetlands.  It appears from the contours on the site plan a portion of the flow may be directed away from this drainage area resulting in a shorter time of concentration for this drainage area.  He requested confirmation of the flow path and time of concentration.


Bryan Reisser stated the pre and post flows are the same.

Leslie Duthie stated one of the problems right along for the Commission has been the changes the project has gone through and exactly what properties are involved.

Fazli Qadir stated they have had an issue with the delineation because of problems with the record search.  He stated the southern part of Macomber Road is not part of the plan.

Glenn Colburn stated the Commission will walk the site to verify the work proposed is truly buffer zone work and Mr. Reisser will address Donald Frydryk’s comments.

Bryan Reisser stated he would revise the report and submit a letter to summarize.

Glenn Colburn questioned if the fencing was proposed all around the property or just around the panels?

Mr. Reisser stated the plans show it around the property.

Glenn Colburn stated the area in the middle was good habitat area and questioned if the fence could be changed to go around the area of the panels?

Mr. Reisser stated he would look at that.

Audra Staples moved to continue the hearing to 7:15 P.M. Wednesday May 15, 2013.

Davis Johnson seconded the motion.

It was so voted unanimous.

8:25  NOI Park Road Town of Monson.  Donald Frydryk, Sherman & Frydryk Land Surveying & Engineering was present representing the Town of Monson.

Mr. Frydryk stated drainage improvements are proposed along the side of Park Road.  There is an existing roadside swale on the westerly side of Park Road that collects run off that is eroding and in some areas impacting the edge of the road.  It is proposed to pave the swale to stop the erosion and stabilize the bank on the west side of the existing swale.  There is approximately 800 feet of swale reconstruction proposed starting at High Street and ending where the lower soccer field starts which is approximately 400 feet below the entrance to Flynt Park.  The swale will be approximately 7 feet wide, with a 2-1 slope and in the areas where water collects rip rap will be installed to slow the water down.  There are no Bordering Vegetated Wetland impacts and it is not an area of concern for Natural Heritage and Endangered Species Program.

Leslie Duthie questioned the amount of grading?

Donald Frydryk stated the Town will need to get easements from private property owners and some trees in upland areas would be removed and replaced.  The existing slope is steep and it is proposed to cut it back to a 2-1 slope.  The trees to be removed will be in the area of the entrance to the park.  Dan Laroche estimates approximately 5 trees would need to be removed but he has spoken with the Tree Replanting Committee.  

Glenn Colburn questioned if the Town would be doing the work?

Donald Frydryk stated the project would be put out to bid after an Order of Conditions has been issued.  A sequence of work has been included and one of the conditions is that no work would be performed during flow periods.
Leslie Duthie stated there is a flow after a rain storm.

Donald Frydryk stated some of the flow could be attributed to the high ground water.

Leslie Duthie stated the improved drainage along the soccer field runs into where the stream flows into the swale.  She questioned if that has increased the flow?

Donald Frydryk stated they ran the calculations and the flow has remained the same.  

Davis Johnson questioned how the defoliation from the tornado has affected the run off?

Donald Frydryk stated it had made difference but the low growth that is emerging will slow the water down.  

Audra Staples questioned if this project has been designed to support the other drainage project the Commission previously approved?

Donald Frydryk stated it was designed for a 10 year storm that is the best they could get inside the swale, beyond a 10 year storm the water would flow down the road like it does now.

Glenn Colburn questioned what was proposed on the uphill side?

Donald Frydryk stated they would hydro seed.

Glenn Colburn stated he was puzzled by the check dams shown on the plan.

Donald Frydryk stated the check dams were temporary during construction.

Leslie Duthie moved to close the hearing and issue an Order of Conditions.

Glenn Colburn seconded the motion.

It was so voted unanimous.

8:55  NOI Fenton Road, ExxonMobile Pipeline Co.  Chelsea Willet, Roux Associates was present to represent ExxonMobile Pipeline Co.

Ms. Willet stated the proposed work is the maintenance of an underground pipeline.  There are two areas of the pipeline on Fenton Road that need to be addressed.  The first and easiest location is north of Fenton Road and south of the Quaboag River between the 100 foot and 200 foot riverfront area.  Periodically an instrument is passed through the pipeline and in this instance it found two areas of the pipeline wall that are thinning.  Typically this would be a one day job a gel fill or wrap is used.  It makes sense to use a gel material to fill in the void around the pipeline to keep moisture away from the pipe.  The second area is more difficult the pipeline goes under Fenton Road and the railroad crossing.  At that location a protective casing would be added around the 6 inch pipe.  Any unattended trench greater than 3 feet in depth will be covered, barricaded or backfilled if it takes longer than one day to complete the work.  

Davis Johnson questioned if he had understood correctly that the pipe was 6 inches in diameter?

Ms. Willett state that was correct, it is a distribution pipe than runs from East Providence to Springfield.   

Glenn Colburn stated he did walk around the area but could not find any flags.

Ms. Willett stated it was not flagged but is approximately ¾ mile from Fenton Road.

Glenn Colburn questioned what was proposed to keep any fill on site?

Ms. Willett stated the work is within the cleared portion of the 30 foot wide easement and poly sheathing would be laid and the fill kept on that and if necessary covered.  

Ms. Willett stated the eastern location is a little more difficult because it goes under Fenton Road.  It is proposed to encase the pipeline in this location and it is hoped this can be done without going into the road.  Ms. Willett stated if they cannot do it without going into the road they will apply for a permit from the Highway Department.  The preference is to inject the gel filling at either end without opening up the road.  

Davis Johnson questioned how the problems were detected?

Ms. Willett stated ExxonMobile run a tool through the line every two years to identify any anomalies in the pipeline.

Gerald Skean Fenton Road stated he owns property in that area of Fenton Road but the work does not affect his property.  

Audra Staples moved to close the hearing and issue an Order of Conditions.

Davis Johnson seconded the motion.

It was so voted unanimous.

9:15 NOI Sutcliffe Road (Dean Pond) Mass DCR.  Maintenance of Dean Pond swimming area.  

Leslie Duthie stated Mass DCR applied to the Brimfield Conservation Commission to make repairs on the dam and Brimfield issued an Order of Conditions for that work.  The decision has been made not to do a drawdown to clean out the swimming area but remove the material by wet dredge. Ms. Duthie stated she spoke with Robert Hartzel regarding Monson’s concern with the turbidity but he said the sand is very coarse and they do not think it will last long.  Brimfield Conservation Commission shared a copy of its Order of Conditions for the project with Ms. Duthie who will prepare one for the Monson Conservation Commission including special conditions regarding the absorbent materials that must be on hand in case of a spill and to keep the curtain in place until permission is given by both Commissions to remove it.
Audra Staples moved to close the hearing.

Glenn Colburn seconded the motion.

It was so voted unanimous.

9:25 Leslie Duthie moved to adjourn.

Davis Johnson seconded the motion.

It was so voted unanimous.

Respectfully submitted,


Linda A. Hull