MONSON CONSERVATION COMMISSION
MINUTES JANUARY 7, 2015
MEMBERS PRESENT: Glenn Colburn, Leslie Duthie and Davis Johnson.
MEMBERS ABSENT:
7:10 RFD 348 Lower Hampden Road Robert & JoAnne Fortier. The request asked for a determination as to whether the area described was subject to jurisdiction of the Wetland Protection Act, the work described was subject to the Wetland Protect Act and if area and work were subject to any municipal wetlands ordinance or bylaw. The area described is a single family home on 7.73 acres of land with frontage on Lower Hampden Road, and Temple Brook to the rear of the property. There is a 70’ x 50’ spring fed pond on the property that has no connection to Temple Brook. The work described is the removal of approximately 5000 – 6000 gallons of water in a day during the most severe dry conditions no more than 2 – 3 times a week. The withdrawal is by means of a portable water pump with a
hose to the pond during the months of July and August.
Glenn Colburn stated Monson does not have a Wetlands ordinance or bylaw. The area and work are subject to the Wetland Protection Act, removal of water from a perennial stream is work in the riverfront resource area. This is also endangered species habitat, the bottom line is the Commission believes this would have an impact on wetlands and endangered species habitat.
Robert Fortier questioned what the Commission meant by work?
Leslie Duthie stated pumping water from the stream into the pond was work.
Robert Fortier stated the center line of Temple Brook is his rear property line, the pump, hose and stone lined cistern was totally on his property.
Leslie Duthie stated the Town of Monson owns the other half of Temple Brook because it owns the land behind the applicant and the Trustees of Reservations hold the Conservation Restriction on the property. The work described is a violation of the Trustees Conservation Restriction and it was the Trustees who observed the pump and hose running from Temple Brook to the pond when they walked the boundaries of the property to monitor the property as required in the Conservation Restriction.
Glenn Colburn stated the work is in a resource area and in the Commissions’ opinion requires the filing of a Notice of Intent because water is being removed from a perennial stream during the dry season and that has an impact on wetlands and endangered species habitat.
Leslie Duthie stated there is a natural system with all ponds there are periods of drought and periods of flooding and the Commission feels that removing water from the stream has an impact
and upsets the natural balance of things.
JoAnne Fortier questioned if the Board had received any complaints?
Glenn Colburn stated the Commission had not received any complaints and would like to keep it that way.
Leslie Duthie stated there is a filing for this type of activity it is called a Notice of Intent and it gives the Commission and Natural Heritage and Endangered Species the opportunity for a more in depth review.
Robert Fortier stated he wanted the Commissions’ response in writing because DEP did not think this was having an impact on a resource area.
Leslie Duthie stated the Commission would issue a Determination of Applicability.
Leslie Duthie made a motion that the area described on the referenced plan is an area subject to protection under the act, removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent.
Davis Johnson seconded the motion.
It was so voted, unanimous.
Leslie Duthie made a motion that the work described on referenced documents is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent.
Davis Johnson seconded the motion.
It was so voted unanimous.
7:50 Leslie Duthie stated she had prepared the Certificate of Compliance for 57 Carpenter Road, Andrew Beaulieu.
The Commission signed the Certificate of Compliance.
The Commission signed a letter for Steven Robert and Gloria Salemi, 18 Longview Drive stating that because of the work performed on the property the Commission was unable to confirm the wetland boundaries.
The Commission signed a Partial Certificate of Compliance for Carol & Richard Ganter 15 Longview Drive.
8:05 MAIL
- Copy of NHESP comments on the forest cutting plan submitted by Skorupski Land Trust for property located on Silver Street. Included in the conditions from NHESP was no operation of motorized vehicles within 50 feet of Maxwell Brook and Twelve Mile Brook starting November 15, ending February 28, and no operation of motorized vehicles within 50 feet to 300 feet of Maxwell Brook and Twelve Mile Brook starting November 1st, ending March 15th.
- Copy of Beaver Permit for Bunyan Road issued by Monson Board of Health to Monson Highway Department.
Leslie Duthie stated she attended a meeting of the Board of Health to try and find alternatives to killing the beaver, however the Board of Health will continue to issue Beaver permits if there is an impact to public health and safety.
Glenn Colburn questioned what was more cost effective, keep paying someone to trap the beaver or put in a beaver deceiver? There are sites where it is not possible to install a beaver deceiver, but for those re-occurring problem sites where it is possible he would like to explore the option of a beaver deceiver.
- Matthew Guthrie 241 Silver Street received his Determination of Applicability.
- Copy of a Forest Cutting Plan for Skorupski Land Trust Silver Street, 60 acres.
Leslie Duthie stated she contacted Ken Lacorse, Protech via e-mail to ask for copies of the stormwater controls inspections, plans for the detention basin and for access to the property. Mr. Lacorse responded that the person responsible for the plans and erosion control inspections was absent from work but they would be sent to the Commission. Access to the property by the Commission would require a 48 hour notice to SunEdison to allow someone to meet them on the property. SunEdison does not allow unaccompanied access.
Glenn Colburn stated he looked at the solar facility on Upper Palmer Road they have replaced the erosion controls, but, they cannot put the stormwater control in the resource area. There appears to be plenty of room between the security fence and panels to put in a detention pond. If SunEdison has not supplied the reports and plans by the next meeting of the Conservation Commission on January 28, 2015 he believed the Commission should consider revoking the Order of Conditions.
Leslie Duthie stated when she was walking the Flynt Quarry property she noticed an issue by the old Town dump in the area of the triangle of land that the Town took to protect the dump area. There is approximately 100 feet between the triangle and the property line of the lot on which Al Joyce has installed a foundation. She stated she called Mr. Joyce because she saw flags along the boundary line that was cleared right up to the property line with the Town to alert him to the fact that it is Town owned land and asked him not to throw trash from the property he is developing onto Conservation land.
Leslie Duthie stated since the office has moved back to 110 Main Street she has been going through the Notice of Intent files looking at what can be thrown away (doubles of paperwork and plans) and determining which files must be kept in the office and those that can be put into storage. The files for Stagecoach Lake and Paradise Lake are in the office and plus the files for a few other projects. She stated she is only disposing of the duplicate documents of plans. The plans and files that do not have to be filed in the office will be kept in the storage room.
Leslie Duthie moved to accept the minutes of December 10 2014.
Glenn Colburn seconded the motion.
It was so voted, unanimous.
Leslie Duthie stated she rescued the minutes of the original Conservation Commission that was started in 1966 and would like to have them go on the list with the Town Clerk to be archived.
8:30 Leslie Duthie moved to adjourn.
Glenn Colburn seconded the motion.
It was so voted, unanimous.
Respectfully submitted,
Linda A. Hull
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