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Conservation Commission Minutes 04/02/2014
MONSON CONSERVATION COMMISSION
MINUTES APRIL 2, 2014

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

7:05  Donald Frydryk met informally with the Commission to discuss a lot on Cedar Swamp Road known as Lot 5.  Lot 5 is located on Cedar Swamp Road just before the corner of Ayers Road and was part of a larger parcel of land owned by Windmere LLC.  

Donald Frydryk stated a few years ago Sherman & Frydryk marked wetlands on a lot on Ayers Road for Windmere LLC, but the Commission did not confirm a wetland line on Lot 5.  The current owner was told it was not a building lot because it would require a wetland crossing.  

Leslie Duthie stated she remembered being out in field with two employees of Sherman & Frydryk regarding the wetland line on the lot on Ayers Road and did comment that the property owners should take care to make sure this large parcel of land was sub-divided so as to avoid further impacts to wetlands.  

Donald Frydryk stated if the inner riparian zone of the riverfront area was excluded from the calculation of lot area, the lot would have less than 60,000 square feet of land not regulated by 310 CMR 10 the Wetland Protection Act. A wetland crossing would then be a moot point because the lot area would not conform to Zoning.

Leslie Duthie moved to accept the minutes of February 19, 2014.

Glenn Colburn seconded the motion.

It was so voted unanimous.

Glenn Colburn stated he went by the Silver Street property owned by Gail Howard and saw that no erosion control is installed.  The Commission is concerned that with the snow melt and rain there could be problems with the culvert and decided to contact Ms. Howards’ consultant John Prenosil to determine when the erosion control will be installed.

7:30  Leslie Duthie stated she received a call from Michael Moore regarding family property on Silver Street.  The family is considering selling between 63 – 73 acres to the Conservation Commission for preservation but had a lot of questions and wanted to know what the Commission could offer.  Ms. Duthie stated she told Mr. Moore the Commission would not make offers but could give options.  The Commission could apply for a grant to buy the property.  An appraisal of the land would have to be done, if the property contained frontage that would increase the value and the purchase price would be the appraisal price.  Another option was Forest Legacy the family would retain ownership and would be able to log the property.  Mr. Moore had questions regarding naming the property to honor his grandparents and whether after the appraisal he would be able to negotiate a price.  Leslie Duthie stated she would be meeting with Michael Moore on April 12, 2014 for further discussion and would be clear that the Commission could not pay more than the appraised value.
Leslie Duthie questioned how the Commissioners felt about moving forward with the appraisal and asking Michael Moore to sign a Memorandum of Understanding with the Commission to pay half of the appraisal fee if he decides after the appraisal not to sell the land to the Conservation Commission?  It is a nice property but it does not abut other conservation land.

Davis Johnson so moved.

Audra Staples seconded.

Voting Aye: Glenn Colburn, Davis Johnson and Audra Staples.

Leslie Duthie abstained.  

Glenn Colburn stated he checked out the lot on Silver Street for Al Joyce, Bedrock Builders.  The driveway is steep and it is a straight shot for run off to come down the driveway and into Bordering Vegetated Wetlands across the street.  The driveway is within 100 feet of BVW and the question is would a Request for Determination of Applicability be adequate to protect the wetlands?  If the lot was flat there would be no impacts but because of the steepness of the driveway a Notice of Intent would allow the Commission to condition the work.  Without a good plan there is the potential for erosion from the driveway to cross the street into the wetlands.

Leslie Duthie stated she checked the lot on Paradise Lake Road for Al Joyce, Bedrock Builders and would sign off on the New Construction sheet however there is a lot of erosion coming from the house under construction on Paradise Lake Road onto Ely Road.  Chris Magill is the contractor and she would ask the Building Commissioner to contact Mr. Magill to put in some silt fencing or hay bales to try and protect Ely Road.

8:15 MAIL

  • Copy of letter from Commission to Karen Frickenhaus 13 Lakeshore Drive.
  • Property owner of the former M & M Chemicals located on Cushman Street Paper City LLC received the certified letter from the Conservation Commission, Mass. DEP file # 228-0350.
  • Project status update from Tighe & Bond re: Paper City LLC property on Cushman Street.  DEP has given the property owner a deadline of June 1, 2014 to start the removal of contaminated soil from the site.  Contractor selection is scheduled to be completed by the end of April 2014 with a goal of starting soil removed prior to the Massachusetts DEP deadline.
Glenn Colburn suggested the Commission remind Tighe & Bond that a pre-construction meeting on site is a requirement of the Order of Conditions also that the Commission ask for regular site and work reports.

  • Yearly CSX right of way maintenance.
  • Final forest cutting plan James & Amelda Gustafson Maxwell Road 50 acres.
  • Forest Cutting Plan Boulder Hill Development Butler Road 64 acres.
Leslie Duthie stated she would call on this plan to look at the wetland crossing.

  • Forest Cutting Plan Nieske Road Eric Wesson 40 acres.  NHESP operation of motorized vehicles at the site between November 1st and March 31st only.
  • Copy Northern Woodlands.
Glenn Colburn gave the Commissioners an update on the Conservation land on Nieske/Reimers Roads formerly owned by Jean Porwoll.  He stated he goes by the property every night, and every night closes the gate, the next day the gate is open and ATV tracks are visible across the property.

Glenn Colburn stated he checked on the Conservation property on Margaret Street, multi flora rose is tangled across the bridge and the Commission must think about maintenance to manage the land.  

Leslie Duthie stated she spoke with Scott Gerrish about a forest management plan for the Conservation land on Carpenter Road.

Leslie Duthie suggested sending a second letter to the abutters to the Conservation land on Nieske/Reimers Roads regarding the use of ATV’s, dirt bikes, snowmobiles and mountain bikes on public land.

8:30 Audra Staples moved to adjourn.

Davis Johnson seconded the motion.

It was so voted unanimous.

Respectfully submitted,


Linda A. Hull