MONSON CONSERVATION COMMISSION
MINUTES JULY 17, 2013
MEMBERS PRESENT: Glenn Colburn, Leslie Duthie and Davis Johnson.
MEMBERS ABSENT: Audra Staples
Also Present: Kim Martin 2 Carpenter Road.
7:10 Leslie Duthie stated she spoke with Jeff Kuselias the owner of 2 Carpenter Road regarding cutting and clearing in the wetland buffer zone. Mr. Kuselias is the owner of the property but was unaware that his tenant was clearing the back yard area. He told Ms. Duthie that in defense of his tenant he may not have made it absolutely clear that there were restrictions on the property.
Leslie Duthie stated the Commission made a site visit and determined that there was definitely a violation of the Wetland Protection Act.
Kim Martin stated she was not aware that what she did was wrong and cleared the back yard with the help of her son so that she would have more space for her day care business. She intends to purchase the property from Mr. Kuselias but needs a little more area for the children to safely play. The material that is way in the back was there when she moved in and was not part of the work that they did.
Leslie Duthie stated the material that has been piled up along the intermittent stream in the northerly part of the yard must be cleared out.
Kim Martin stated they were trying to even out the grade.
Glenn Colburn stated the Commission wants that area returned to the natural terrain that was there.
Kim Martin stated they removed the vines that were wrapped around the trees and they cleared the tall grass because it created a bad tick problem and that was an issue for her day care business.
Leslie Duthie stated the vines are an invasive species called bittersweet and it is very difficult to get rid of but she could give Ms. Martin the name of a product that is completely organic that could be used at the edge of the tall grass to keep the ticks back. Once the soil is back in place, allow the grass to grow back up the Commission wants to re-establish the 50 foot buffer zone.
Glenn Colburn stated this is an area that has rare species and the Commission is concerned with habitat, another reason to return part of the backyard to its natural condition.
Kim Martin stated she has a day care business and wants to utilize the back yard so the children can play.
Glenn Colburn stated there is an open Order of Conditions on the property and the plan references permanent markers that shall be installed to permanently mark the buffer zone so that future owners are aware that no work can be undertaken beyond the permanent markers. Mr. Kuselias owns the property and must put in the permanent markers in order to receive a Certificate of Compliance.
Leslie Duthie stated the bottom line is that a fairly significant portion of the back yard has been cleared including the easement that is on the property which is mostly out of bounds because of wetland issues. The Commission wants to see the area where the easement is left alone and allowed to grow naturally.
Kim Martin stated eventually she would like to put in an above ground pool.
Glenn Colburn stated once the permanent markers were installed Ms. Martin would have a clearer understanding of the area that could be used for a pool etc. There would have to be a minimum of four markers probably established in a straight line along the easement.
Leslie Duthie stated she would agree there should be no less than four permanent markers installed and questioned what the Commissioners wanted to do about the above ground pool that Ms. Martin wants to put in.
Glenn Colburn stated he believed Ms. Martin would have to file a Request for Determination with the Commission to install an above ground pool.
Leslie Duthie stated she would contact Jeff Kuselias and ask him to meet with the Commission and would tell him what the Commission wanted:
- The back yard returned to its natural state;
- Permanent markers installed marking the buffer zone beyond which no work could take place;
- New “as built” plan showing the location of the markers;
Leslie Duthie stated Ms. Martin must re-grade by spreading out the piles of soil that have been placed along the edge of the intermittent stream and re-seed the area beyond the permanent markers with a Conservation seed mix. The area outside of the permanent markers can be seeded with a regular lawn seed mix.
Glenn Colburn stated it may be better to wait until the RFD is filed and a determination given before the area outside of the permanent markers is seeded. The pool and grass can then be done together.
The Commission signed the Certificate of Compliance for 492 Boston Road West Keith & Susan Bourbonnaise. The Building Commissioner checked the site and found that the work permitted under an Order of Conditions DEP 228-189 issued May 8, 2002 was not started.
7:55 Leslie Duthie stated she sent a correction of the replication plan to Joseph Bolduc but has not heard back from him. Mr. Bolduc is acting as a consultant for Raymond Lavallee, Rays Mobile Home Park, Palmer Road regarding an Enforcement Order issued by the Commission. Ms. Duthie stated she also told Mr. Bolduc that the Commission wanted a pre-construction site visit.
Glenn Colburn stated he would like to move forward on the Request for Proposal for the land the Commission acquired from Jean Porwoll on Reimers Road and the Kolowrat property on Margaret Street.
Leslie Duthie stated the challenge on the Kolowrat property is the stream crossing.
Davis Johnson stated he has a document started he would finish it and send it to the Commissioners for their input.
Glenn Colburn stated he has noticed that ATV’s are going through the land acquired from Jean Porwoll.
Leslie Duthie stated she believed that using the land would help to stop that.
Davis Johnson stated he would work on the document and forward it to the Commissioners for their input.
Leslie Duthie stated she would get in touch with Daniel O’Connor regarding his land on Bethany Road.
8:15 MAIL
- Deeds from Jerry Gates for McCray property on Carpenter Road. Mr. Gates asked that the Town review them, and if they meet with the Towns’ approval Mr. McCray will sign them.
- Atty. Roberts received the Order of Conditions for Cornerstone Power, Solar Array on Macomber Road/ Upper Palmer Road.
- DCR received Conservation Restriction for Quinlan land on Reimers Road.
- Request for Certificate of Compliance from Robert Hartzell for work at Dean Pond, Sutcliffe Road.
Leslie Duthie stated she would take care of that and bring it to the next meeting for signature.
- Notice that Dean Pond is scheduled for vegetation treatment on July 17, 2013.
- Notice of booster treatment at Dean Pond, Sutcliffe Road.
8. Various building permits
Leslie Duthie stated she looked at the deeds provided by Mr. McCray for the Carpenter Road property and saw no problem with them but they should be looked at by Town Counsel.
Davis Johnson moved to approve the minutes of June 26, 2013 as presented.
Leslie Duthie seconded the motion.
It was so voted, unanimous.
The Commission discussed the Determination for Matthew Guthrie, Silver Street. The Commission asked Mr. Guthrie to file the proper RFD form and to provide proof to the Commission that the Request was mailed to DEP.
Glenn Colburn stated the Commission did not come to an agreement with Mr. Guthrie regarding the work limit line. The plan was not clear enough to determine if the grading that was proposed by Mr. Guthrie was in the buffer zone.
The Commission signed the Enforcement Order for 2 Carpenter Road.
8:30 Leslie Duthie moved to adjourn.
Davis Johnson seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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