MONSON CONSERVATION COMMISSION
MINUTES JUNE 3, 2015
MEMBERS PRESENT: Glenn Colburn and Leslie Duthie.
MEMBERS ABSENT: Davis Johnson.
Mark Pekala and Melissa Malo met informally with the Commission to discuss property Mr. Pekala owns on Cedar Swamp Road.
Mark Pekala stated he owns Lot 3 Cedar Swamp Road and an Estate Lot that is accessed from Ayers Road that borders the rear property line of Lot 3. He proposes to combine the Estate Lot and Lot 3 into one lot for his daughter Melissa Malo. There is an existing culvert on the corner of Lot 3 that takes run off that the Town collects from approximately 650 feet down the road and drains into the culvert. The culvert is not located properly because the low spot of the drainage system is approximately 40 feet south of the existing culvert. He stated he met with Highway Surveyor John Morrell to discuss moving the culvert 40 feet south to the low spot at his own expense, but under the supervision of Mr. Morrell, to allow him to put in a
driveway that complies with zoning into Lot 3 Cedar Swamp Road. At the present there is no formal easement for the Town to drain the water to his property, but he would be willing to grant an easement for the Town to drain to the revised location on the lot. He stated the culvert would be installed to the Towns’ specifications.
Glenn Colburn questioned if that was to happen how would it help Mr. Pekala?
Mark Pekala stated presently the water backs up in both directions if the culvert was relocated south to the low spot and at the correct height it would allow access by means of a driveway into Lot 3 that complies with the zoning requirements that the driveway must come across the legal frontage and be located no closer than 10 feet from the abutting property line.
Glenn Colburn stated he looked in the file and did not see a formal wetland delineation for Lot 3.
Mark Pekala stated when he filed a Request for Determination a few years ago there was discussion about a connected wetland across the street, additionally at that time he found out that the area was on the Natural Heritage and Endangered Species map.
Leslie Duthie stated she thought the Commission should look at the site. In 1998 DEP found a hydrological connection so any work would need a Notice of Intent. If the culvert size changed at the new location the Army Corps of Engineers would have to look at the filing.
Glenn Colburn stated it would benefit the wetlands to avoid taking roadside drainage off of a dirt road with the associated sediment and dumping it into wetlands.
Mark Pekala questioned the next step?
Glenn Colburn stated flag the wetlands and the Commission will take a look.
Leslie Duthie stated Mr. Pekala would have to file an NOI for work and would need the wetlands flagged.
Glenn Colburn stated flag the wetlands, the Commission would make a site visit. It will be easier to make a decision about moving the culvert once the wetlands are determined. If the size of the culvert is changed the Army Corps of Engineers would be involved.
7:30 RFD 175 State Street David Haines, Haines Hydrogeologic Consulting submitted a revised plan showing the revised wetland flags following a site visit with the Commissioners. The plan was revised to show the extended wetland in the ditch between the landfill and the railroad spur and the additional isolated wetland up-gradient of Flags #41 – 44. The wetland in the ditch was extended approximately 36 feet and is marked by Flags #21A and 21B.
David Haines stated he had colored in a plan to show the isolated wetland areas, 100 year flood plain and the old sewer beds. There is no evidence of recent flooding and the soils demonstrate historic characteristics.
Glenn Colburn questioned if the 100 year flood plain was involved?
David Haines stated no the railroad spur separates the 100 year and 500 year floodplain.
Glenn Colburn stated this is a large area and he believed if the railroad spur was not there it would be a connected wetland. He stated he was leaning toward treating it as Bordering Vegetated Wetlands.
David Haines stated no work was planned in that area. The existing culvert appears to have been dropped off the plan, it goes between Flag #232 and Flags #17 & 18.
David Haines stated they would file a Notice of Intent for any work under the Conservation Commissions’ jurisdiction.
Leslie Duthie moved to close the meeting and issue a Positive Determination for work in a jurisdictional area that would require the filing of a Notice of Intent. The Conservation Commission agrees with the wetland lines shown on the revised plan prepared by O’Reilly, Talbot & Okun, Dated 10/02/2014 revised 6/1/2015.
7:45 NOI 3 Pond Road Cheryl Medvetsky continued. The NOI is for work to construct a barn on the property that is within the buffer zone.
Also present: Mark Farrell Greenhill Engineering.
Glenn Colburn stated for the record he had a conversation with Mark Farrell about the proposed project and expressed the concern of the Conservation Commission that the building would be 5 feet from wetlands. The Commission believed there were opportunities on the property to locate the building outside of the 50 feet buffer zone.
Mark Farrell stated on the original plan Ms. Medvetsky had reduced the size of the barn because of the wetlands. They have looked at the area where the wood piles are and will go back and delineate that area. Ms. Medvetsky should then be able to get the size barn that she wanted originally.
Leslie Duthie advised that Mr. Farrell take a look at the north-west corner when moving the proposed location of the barn away from wetlands.
Glenn Colburn stated the Commission would go out and take a look when the area was flagged and the revised location of the barn was staked out.
Cheryl Medvetsky requested a continuance of the public hearing to Wednesday June 24, 2015.
8:00 Leslie Duthie moved to accept the minutes of May 13, 2015 with the addition of “the work shall be completed within 45 days from May 13, 2015” to the letter sent to Ms. Howard, Silver Street addressing and enforcement order issued by the Commission.
Glenn Colburn seconded the motion.
It was so voted, unanimous.
Leslie Duthie stated she received a call over the weekend from Amy Walut, Margaret Street regarding a Certificate of Compliance for her property. Ms. Duthie stated she looked at the property and it appears they have extended the area at the back of the work limit line. The back yard is narrow and there is a lot of vegetation, it does not appear to be a big intrusion. The vegetation along the stream has not been disturbed. She stated she did not look for the cement bounds but did meet the prospective buyers and made it clear to them that what you see with regard to the rear yard is what you get. Any changes or work they should check first with the Commission. Ms. Duthie stated she called the attorney involved with the purchase
and sale of the home and let him know that if the cement bounds are not in they will have to be set and a deed notation was required by the Order of Conditions.
Leslie Duthie stated she thought the Commission could sign the Certificate of Compliance in anticipation of received an “as built plan” showing the cement bounds and copy of deed notion.
Leslie Duthie stated the Commission issued a partial certificate of compliance for 155 Brimfield Road last year, but wanted to see a full growing season before issuing the final certificate. She stated she would look at the site.
Glenn Colburn stated he looked at the solar facility on Macomber Road for SunEdison and they will have to revise the detention basin to avoid direct discharge into the wetlands.
Leslie Duthie updated the Commission with regard to the Skorupski property on Silver Street stating she is waiting for the plan of the property boundaries.
Melissa Cryan, EOEEA received a copy of the Open Space Plan.
8:10 MAIL
- Final Cutting plan Moulton Hill Road, Bleege.
- Notification from National Grid of emergency repairs to their equipment near the ROW at 10 Boston Road East.
- Kim Evans State Street received her copy of the Determination of Applicability.
- Arthur Wnuk, Old Stagecoach Drive received his copy of the Determination of Applicability.
Glenn Colburn stated he had a draft of another letter for Robert Sanderson, 47 Thayer Road regarding his failure to contact the Commission. Following discussion he will make some revisions and have it ready for the next Conservation meeting.
8:15 Leslie Duthie moved to adjourn.
Glenn Colburn seconded the motion.
It was so voted, unanimous.
Respectfully submitted,
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