Town of Monson
Conservation Commission
29 Thompson Street
Monson, MA 01057
413-267-4111
Fax 267-4108
MONSON CONSERVATION COMMISSION
MINUTES NOVEMBER 20, 2013
MEMBERS PRESENT: Glenn Colburn, Leslie Duthie Davis Johnson and Audra Staples.
Mr. Harlow met informally with the Commission stating he has purchased the property formerly owned by Dick Elliot located on Butler Road and before he gets too far into planning an addition to the house he wanted to talk with the Commission because of the pond on the property. He stated he has hired Sherman & Frydryk, Land Surveying & Engineering to survey the property. The septic system still must be addressed but he would like to add two bedrooms and two bathrooms.
Leslie Duthie advised Mr. Harlow to speak with Sherman & Frydryk about the septic system. They would be able to advise him regarding distances from well to septic system and from the system to wetlands.
Leslie Duthie stated she received a call from Heather Commee regarding Lots 36 & 37 Heritage Lane. The Order of Conditions for each lot was issued in 2005 but not recorded and Ms. Commee questioned if the Orders could be recorded now? Ms. Duthie stated she felt that the Orders of Conditions were not valid and would require another filing. Ms. Commee stated she would call Mark Stimson at DEP. The prospective purchaser of the lots filed building permit applications for each lot because DEP told Ms. Commee the Order of Conditions were still valid and could be recorded. Ms. Duthie stated she received a call from a realtor with the same question regarding Lot 40 the Order of Conditions were not recorded and the property owner has the lot on the market. Ms. Duthie stated she explained what had happened
with Lots 36 & 37 and DEP’s ruling the Order of Conditions could be recorded.
7:20 NOI Boston Road Antonio Fernandes for work involving the construction of a commercial building and parking area continued.
Glenn Colburn stated at the last meeting he had asked for the continuance in order to review the information because of the significant changes made to the project. He stated he was satisfied that everything appeared to be in order.
Leslie Duthie stated she felt it was important to monitor the wetlands for a set period of time so it does not become forgotten. She stated her concern with the culvert that affects both Mr. Fernandes and ExxonMobile property. The culvert is on ExxonMobile property and she had questioned during the hearing if Mr. Fernandes would come back to the Commission if anything was done to the culvert.
Audra Staples agreed with Ms. Duthie stating she would not want to see anything done to the culvert without Exxon’s knowledge.
Leslie Duthie stated the culvert is not within the scope of the project as it is proposed now.
Glenn Colburn stated he was concerned that more water was going into the BVW with a restricted/blocked culvert and could potentially overflow to the pipeline. He suggested putting into the Order of Conditions the applicant should come back to the Commission with a plan to address the problem of the blocked culvert.
Leslie Duthie moved to close the hearing and issue an Order of Conditions.
Audra Staples seconded the motion.
It was so voted, unanimous.
Leslie Duthie stated met with the Cross Country High School coach and they walked a portion of the cross country trail. The school has done some work on the trail but not a lot of material was brought in, all of the trails are less than 6 feet wide. She stated they walked where the trail leaves from the Varsity Soccer field and into the woods. Ms. Duthie explained that as soon as the trail leaves the soccer field it is on Conservation land and before anything is done the school must have a conversation with the Monson Conservation Commission and the Opacum Land Trust because 90% of the trail is on Conservation land. The school is eager to work with the Monson Conservation Commission and Opacum Land Trust to improve the trails and make something that is beneficial to the students. Ms. Duthie stated the
trail is not entirely on public land.
Davis Johnson questioned if there were alternatives where the trail goes onto private land could it be rerouted onto Conservation land?
Leslie Duthie stated it is a problem because the trail runs along the old rail bed a trail easement would make the most sense. Ms. Duthie stated she gave the school maps and will create a file that maps out the trail. The trail is on the boundary between the condominiums and Woodlawn Drive and also private land on Country Club Drive. There is also a particular area of the trail where there are a lot of rocks that must be addressed.
Audra Staples stated her recommendation was to put the file right into the Principals’ office and a copy of it into the Athletic Directors’ office.
Glenn Colburn recused himself to avoid the appearance of a conflict.
7:45 NOI 230 Silver Street Ronald Hasenjager work proposed is the reconstruction of a sanitary sewer system.
The hearing was continued to wait for a response from NHESP. NHESP responded that the replacement of the septic system would not have an adverse affect on rare and endangered species.
Mr. Hasenjager stated the file number has been posted.
Davis Johnson moved to close the hearing and issue an Order of Conditions.
Audra Staples seconded the motions.
It was so voted unanimous.
Glenn Colburn returned.
7:55 NOI New England Power D/B/A National Grid work proposed is to conduct geotechnical boring activities in the right of way of an existing 69kV transmission line within the Town of Monson.
Colin Duncan, CPSS, PWS stated TRC has submitted the Notice of Intent for subsurface geotechnical activities on behalf of New England Power Company d/b/a National Grid. He stated to prepare for the project to reconstruct the transmission line in the fall of 2014 geotechnical investigation is proposed to evaluate the feasibility of installing steel pole structures within the existing right of way. National Grid has identified four drill locations which fall within the resource areas or buffer zones subject to protection under the Act. A combination of drilling rig and hand borings will be used to perform the borings along the entire length of the right of way. The drill rig will be mounted on tires or tracks and will go through the right of way to the locations. The drilling will be completed and the rig
will move on, typically taking less than a day. The poles that are to be located in wetland areas will need a larger foundation to sustain the monopole.
Glenn Colburn questioned if on Sheet 1 Fenton Road the red hexagon indicated the boring locations?
Colin Duncan stated the red hexagons mark the soil boring locations; the yellow squares with a black dot indicate the structures undated in 2013; the grey squares with a black dot and red squares with a black dot indicate existing structures. Mr. Duncan directed the Commissions’ attention to Sheet 9 that shows a sensitive resource area that cannot be crossed. National Grid has filed with Natural Heritage and Endangered Species Program.
Leslie Duthie questioned if they intended to hire a professional biologist to come in to sweep the area?
Colin Duncan stated they are relying on their contact at NHESP to let them know if there is an issue around any stream crossing. The crossing will be performed with mats so as not to affect anything in the water. This is the best time of the year to perform the work and they hope to start as soon as possible.
Audra Staples questioned if the same precautions would be taken when they start the actual project?
Colin Duncan stated the construction would not be completed in one season. Construction would start in the fall of 2014 stop and then start again in the fall of 2015. Everything will be carefully watched for the boring project and the main project. There are 7 boring locations in total in Monson and it is expected to complete those in two weeks.
Glenn Colburn stated it appeared to be a straight forward project and not a lot of impacts. He questioned if NHESP had responded.
Colin Duncan he had not heard that NHESP had completed its review and also DEP has not issued a number.
Audra Staples questioned if any further information was available on the mitigation that was proposed to compensate Monson for the wetland restoration that was to take place totally in Hampden?
Colin Duncan stated it is still proposed to offer some invasive species control he was thinking about mapping knotweed with the Commission and then put it on the schedule.
Glenn Colburn stated he had no more questions at this time.
Audra Staples moved to continue the hearing to December 11, 2013 pending notification from DEP and NHESP.
Leslie Duthie seconded the motion.
It was so voted unanimous.
8:35 Davis Johnson stated he investigated the wetland issue on Silver Street. He was able to go onto property at 78 Silver Street with permission from the property owner to look at the work that has taken place. There is a huge wetland area behind the homes with beaver dams and activity. The area was flooded and it is clear to see someone went in with equipment and opened up the culvert that is on property owned by Gale Howard draining approximately 1 ½ acres of land. He stated the information he received was that the Howards’ went in with large equipment and cleared out the area and the approximately 200 feet of right of way has been worked on. Davis Johnson stated he has pictures and also took pictures of two dead beaver that he saw there. It seems to be clear that something has
happened to drain the area to keep the right of way cleared. The beaver were lying on the brook bed and it would be helpful to try and find someone who could perform autopsies to determine how they died.
Glenn Colburn stated the Commission should check with the Board of Health to determine if a permit was issued for beaver removal. There are reasons to remove beaver but it must be done correctly and if a dam is removed a filing must be made with the Conservation Commission.
Davis Johnson stated he has photographs and will send them to Fish & Wildlife.
Leslie Duthie stated she would write a letter to Mr. Howard and ask him to come in to the next Conservation Commission meeting.
Glenn Colburn suggested the Commission make a site visit and with the permission of the property owner at 78 Silver Street view the area. A site visit was set for Sunday November 24, 2013 at 8:00 A.M.
9:05 The Board of Assessors contacted the Commission regarding Lot 5 on the corner of Cushman and Gate Street that was part of the property owned by McCray Realty. On the Assessors maps the lot is identified as unknown owner on the original sub-division plan Lot 5 is part of the McCray Realty property. Ann Murphy has questioned if that was transferred to the Town.
Leslie Duthie stated it was not transferred to the Town but she did remember a discussion regarding that lot when the McCray Heritage Sub-Division was first discussed with Mr. Gates. The road drainage from Carpenter Road and Cushman Street ends up there.
The Commission received a copy of a plan from Keith Terry, Sherman & Frydryk, Land Surveying & Engineering re: Harold Bailey 40 Old Stagecoach Drive. The Commission issued an Order of Conditions for work that included a new septic system. Mr. Terry contacted the Commission because of a minor change to the plans.
Glenn Colburn stated it is difficult to see with the scale of the plan submitted and suggested asking Mr. Terry to attend the meeting on December 11, 2013 to explain the changes.
9:20 MAIL
- Cutting plan 60 acres Donald Thayer Waid Road.
- Various Building Permits.
Leslie Duthie stated she has observed a large excavator on Bob Richardson’s’ property on Carpenter Road and it appears he has excavated in an intermittent stream that seems to be connected to a culvert.
The Commission will ask Mr. Richardson to attend the next meeting of the Conservation Commission on December 11, 2013 to discuss the situation.
9:25 Leslie Duthie moved to adjourn.
Davis Johnson seconded the motion.
It was so voted, unanimous.
Respectfully submitted,
Linda A. Hull
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