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Conservation Commission Minutes 12/11/2013
                         Town of Monson
           Conservation Commission
                    29 Thompson Street
                Monson, MA 01057

                            413-267-4111
                            Fax 267-4108
MONSON CONSERVATION COMMISSION
MINUTES 12/11/2013

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

7:00 Keith Terry, Sherman & Frydryk, Land Surveying & Engineering met informally with the Commission to discuss an amendment to the Order of Conditions issued for 40 Old Stagecoach Drive owned by Harold Bailey.  

Keith Terry stated the plan approved by the Commission included a set of concrete steps from the rear porch down to the driveway.  Mr. Bailey would like to get rid of the concrete steps and instead have a stepped timber walkway filled in with porous stone   instead of the concrete steps.  The rain garden originally proposed would remain.  The other change is to extend the proposed retaining wall and make a flat permeable terrace using pavers over stone.  A new septic system was originally proposed and approved by the Commission instead of filling that area it is proposed to cut it down and make the terrace.

Leslie Duthie stated she like that idea better because it would mean less of a change in the grade compared to the original proposal.  The stone wall will now be below the top level of the driveway, the existing grade elevation is 100 it will go down to elevation 97.

Keith Terry stated the limit of work has not changed.  Mr. Bailey does propose to put in a generator with a concrete pad beneath it and a buried propane tank.  

Glenn Colburn stated the grading behind the driveway is minor the work limit line has not changed and as long as the erosion control stays the same he did not see an issue with issuing an Amended Order of Conditions.

Leslie Duthie stated there would be no need to come back to the Commission but she would like the changes to the plan described in a letter for the file.  Then change in plan would be reflected in the “As Built”.

7:11 Leslie Duthie showed the Commission pictures she took of the work that Bob Richardson has done on his property.  There is an excavator on the property and he has clearly cleaned out the stream.  This is work that Mr. Richardson must file for.

2 Carpenter Road Jeff Kuselias.  Mr. Kuselias has installed permanent bounds along the edge of the Right of Way.  Water is popping out above the right of way and flowing off the back of the property.  Ms. Duthie stated she told him that cannot continue the water must be contained on his property.  The stakes have been adjusted the first one is close to Carpenter Road approximately 8 feet off of the center line of the Right of Way and the second one is 15 feet off of the Right of Way.

7:20  RFD MassDOT Route 32 Massachusetts Highway.  Robert Notario was present to represent MassDOT and explained the work proposed is the milling and resurfacing of two sections of Route 32 Chestnut Street north for one mile and the section over the Quaboag River to south of Fenton Road.  He stated the pavement will be replaced in kind, no curb replacement or drainage outside of the roadway is proposed.  The sections to be have been examined and there are no signs of washouts or drainage structure failure.

Glenn Colburn stated this is similar to the work that Mass Highway filed for on the southern end of Town.  Certainly working near the Quaboag River is work in the riverfront resource area but he would move to give a negative determination for work in a resource area that would not impact the area.

Leslie Duthie seconded the motion.

It was so voted, unanimous.  

Leslie Duthie stated it was brought to her attention that the property owner at 14 Town Farm Road has dredged a pond and suggested the Commission send a letter and ask the homeowner to come to a meeting.  

The Commission will send Mr. & Mrs. Etti, Reimers Road a letter to let them know that monuments identifying the property line will be set in the Spring and the Commission would expect the propane tanks and swing set would be removed prior to that.

7:45 NOI New England Power d/b/a National Grid, continued.  Work proposed is to conduct geotechnical boring activities in the Right of Way of an existing 69 kV transmission line.

Glenn Colburn stated NHESP has responded that the proposed work would not adversely affect endangered species.  The DEP issued a file number DEP 228-0357 with a comment that the fill material in waterways may need a permit from the Army Corps of Engineers.

Colin Duncan stated because of the mats that are used to get along the wetlands, which are considered fill although this is only in Massachusetts no other State considers the mats fill they will file a Category 1 with the Army Corps.

Colin Duncan briefly reviewed the project for the benefit of interested abutters present stating there are 13 places along the Right of Way between Fenton Road and the Hamden line that will require geotechnical borings to explore the suitability of soils etc. for the new foundations of the monopoles that are to be installed for the upgraded transmission line.  Three of the borings will be in wetlands the other locations are in upland but need to be accessed across the wetlands.  In some areas a drilling rig will be required in others a hand drill similar to an auger will be used.

Holly Woods Fenton Road questioned if the area of the borings would be filled back?

Colin Duncan stated he was not exactly sure what drilling equipment would be required on Fenton Road but it is the intent to do this when the ground is frozen.  It is a very small area for the actual drilling but if there were to be excessive rutting let National Grid know.  

Brian Dunn Project Manager, National Grid and Stacy Blundell Outreach Coordinator, National Grid gave Ms. Woods their cards stating if there were any issues to contact them.  

Thomas Smith Stebbins Road questioned which end they would start.

Brian Dunn stated they would start at Fenton Road and work toward Hampden.

Bruce Vreeland Silver Street questioned what the borings were for?

Brian Dunn stated the geotechnical borings are needed to determine the foundation for the new poles, anytime the line changes direction foundations are required.  A soil sample is taken at every location but some locations need a deeper sample.

Leslie Duthie stated as she understood it the borings would be done as much as possible when the ground is frozen.

Brian Dunn stated that was correct and footings would be put in September of 2014.  

Holly Wood questioned if National Grid would take any trees down?

Stacy Blundell asked Ms. Wood to send her an e-mail in the spring.

Brian Dunn stated National Grid would only clear out trees that are in their Right of Way.

Thomas Smith stated if the forester says trees have to go he would not have a problem with that but would not want to see his land cleared.  

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

Audra Staples seconded the motion.

It was so voted unanimous.

8:00 RFD 175 State Avenue Mass. Dept. of Capital Asset Maintenance & Management.

Alec McLeod Environmental Consultant stated the work proposed is to install test pits and monitoring wells in two areas of the property.  One area is known to be a land fill but what is not known is if the area was capped and the other area may be a land fill but that is not known for sure.  The plans submitted show the locations of the test pits and wells.  He stated he believed the work proposed is exempt under 310 CMR 10.02 (2) (b) (1) because it is buffer zone work involving an activity that is exempt.    

Matthew Smith, P.E. Project Manager GZA GeoEnvironmental, Inc. stated the locations would be accessed through uplands by means of a tractor in some areas vegetation would have to be removed the excavator would go in before the track machine.  He stated they were prepared to do whatever is needed to prevent anything going down gradient.  In the slope locations, the slope would be pulled back to allow access at the toe, straw bales installed along the bottom, perform the excavation, backfill, grade and then go back in with a wetland mix.  If it is determined the second area is a land fill the slopes will be pulled back to 3-1, drainage devices installed and the area capped.  

Leslie Duthie questioned when it was proposed to do the project?

Matthew Smith stated he was not sure, if the work was done in the winter nothing would vegetate and they would have to go back in the spring.  Behind what was the power building they found coal ash about 4-5 feet deep.

Glenn Colburn questioned if there were any vernal pools?

Alec McLeod stated he was not sure the soil is pretty sandy.

Glenn Colburn questioned if the test pits would be dug and backfilled in one day?

Matthew Smith stated yes they can do approximately 6-8 in one day.  

Glenn Colburn questioned if any dewatering would have to be done?

Matthew Smith stated he did not think that would be necessary.  An auger would be used to go as deep as possible put in the well and seal it.  Another method may be necessary in the railroad spur area where there are concrete granite blocks.  The intent is to leave nothing behind.  If the known land fill area has not been capped or if the other area turns out to be a land fill and has to be capped a Notice of Intent will be filed with the Monson Conservation Commission.  

Audra Staples questioned if the presence of coal ash would have to be reported to DEP?

Matthew Smith stated that coal ash is exempt from reporting to DEP and they would only have to do something about it if caused a problem.  If there was no problem they would leave it alone just about every State facility has this problem.

Audra Staples questioned if even though it is not causing a problem now could it cause a problem later if it was disturbed?  

Matthew Smith reiterated that it is exempt from reporting and they would not touch it if it was not causing a problem the solution could be to cap it.  
Audra Staples questioned if the monitoring etc. found a problem would the State cap it?

Matthew Smith stated it would be capped or removed.  

Glenn Colburn moved to give a negative determination for work outlined in 310 CMR 10.02 (2) (1) (g) “Activities that are temporary in nature, have negligible impacts, and are necessary for planning and design purposes (e.g., installation of monitoring wells, exploratory borings, sediment sampling and surveying).   

Leslie Duthie stated some of the work occurs in Riverfront area, the area is subject to the Act with exemptions as outlined in 310 CMR 10.58 (6) (b) “Notwithstanding the Provisions of 310 CMR 10.58 (1) through (5), certain activities or areas are grandfathered or exempt from the requirements for the Riverfront area. Certain minor activities as identified in 310 CMR 10.02(2)(b)1” she seconded the motion.

It was so voted unanimous.

Leslie Duthie stated she met with the new owner of Lots 36 & 37 Heritage Lane and looked at the silt fences.  Additionally they discussed Lots 38 & 39 Heritage Lane on which a Notice of Intent was filed and never completed.  The lots are still owned by Charles Richard and Ms. Duthie stated a new Notice of Intent would be required on each lot.

8:30  Leslie Duthie stated she met with Ari Merakian a representative of Cornerstone Power, LLC regarding the gravel driveway that is being installed at the solar array on Macomber Road.  They are having problems with the 1 ¾ inch gravel that was proposed for the driveway.  It is does not stay in place and compact well and is difficult to drive over.  They are asking the Commission to approve the use of M1.03 Gravel Borrow consisting of durable stone and coarse sand, free from loam and clay.  The M1.03 will be covered with a 7/8” screening that can be plowed and provides a more stable road covering, four inch perforated pipes will be installed at the low spots to drain the water away.  The pipes will drain toward the berm where it is proposed to have plantings nothing will drain off site.    

Glenn Colburn stated he did not see a problem but wanted a spec sheet and a formal request for the file.  

Leslie Duthie stated it appears that a property owner on Bethany Road has done some work on a driveway that she believes is in the buffer zone.  The house is set way off the road and it looks a though some grading and filling has occurred along the driveway.  She suggested the Commission ask the homeowner to come to the next meeting and discuss the work that has been done and explain that this is the type of activity that needs a filing with the Commission.  If fill has been brought in the Commission must be assured that it is clean fill.  

The Commission signed the Order of Conditions for Antonio Fernandes Boston Road.  The Order of Conditions includes special conditions for the stormwater management.  

Glenn Colburn stated he spoke with Mark Stimson, DEP who advised that the Commission write a good Enforcement Order and include dates and times on any photographs that were taken to document the situation.  

Audra Staples moved to approve the minutes of November 20, 2013 as presented.

Leslie Duthie seconded the motion.

It was so voted, unanimous.

Leslie Duthie moved to approve the minutes of  October 30, 2013 as presented.

Glenn Colburn seconded the motion.

It was so voted.

The Commission discussed the date of its next meeting, if it stays with the schedule it is currently on the meeting date would be January 1, 2014.  The consensus of the Commission was to meet on Wednesday January 8, 2014 and meet every three weeks after that.

Audra Staples stated they met with the Board of Health prior to the Conservation Commission to review the way beaver permits are issued.  She stated she believed the Conservation Commission should review the application and sign off on it before the Board of Health issues a permit.  

Leslie Duthie stated the permits that come into the Commission are the same areas over and over again especially for the Highway Department maybe the Commission should meet with Mr. Morrell to discuss the situation.                                                                                                                                          
9:15 MAIL

  • The Commission received proof that the Certificate of Compliance was recorded for Dean Pond.
  • The Order of Conditions for Ronald Hasenjager, Silver Street was recorded at the Registry of Deeds.
  • Various Building permits.
With no further business Leslie Duthie moved to adjourn.

Audra Staples seconded the motion.
It was so voted, unanimous.

Respectfully submitted,


Linda A. Hull