MONSON CONSERVATION COMMISSION
JUNE 4, 2014
MEMBERS PRESENT: Glenn Colburn, Leslie Duthie and Davis Johnson.
MEMBERS ABSENT: Audra Staples
7:10 The Commission received an appraisal from William King for property on Silver Street. The property comprises approximately 70 acres and is zoned rural residential.
7:20 RFD 101 Wilbraham Road, Richard Krupczak. Mr. Krupczak made a written request to rescind the Request for Determination to make changes to land around an existing pond for budgetary reasons.
Leslie Duthie moved to accept the request to rescind the RFD and keep it on file
Davis Johnson second the motion.
It was so voted unanimous.
7:20 Mail
- The Commission ratified the friendly enforcement order issued to Douglas Warka for work in an area subject to protection on Bethany Road.
Mr. Warka met with the Commission in April to discuss the work and agreed to install waddles around the resource area; park equipment more than 100 feet from resource area; remove debris piles from the buffer zone; seed buffer zone with a conservation mix to stabilize.
- The Commission received a Request for Determination for property at 21 Pease Avenue from James Finnegan for work within the riverfront area.
Leslie Duthie stated she looked at the area that Mr. Finnegan would like to re-grade. There is a steep rough bank by the road where the stream crosses Pease Avenue, Mr. Finnegan proposes to remove the topsoil and stockpile it away from the stream and place fill to make it a gradual slope, replace the topsoil and seed it. The area of work is approximately 100 feet from a stone lined swale that drains water off the road. All of the work is out of the flood plain in lawn area.
The Commission will set a site visit.
- NOI Silver Street, Bedrock Builders
7:30 NOI 13 Lakeshore Drive Karen Frickenhaus & Howard Johnson, continued.
The Commission received comments back from NHESP and the proposed work does not result in a take of endangered species habitat.
Glenn Colburn stated he had prepared an Order of Conditions that includes the development of an erosion control plan with properly installed silt fence or straw wattles below the work area that will also serve as the work limit line.
Leslie Duthie moved to close the hearing and issue an Order of Conditions.
Davis Johnson seconded the motion.
It was so voted, unanimous.
Karen Frickenhaus questioned if she could stockpile the topsoil within the work limit area?
Glenn Colburn stated yes keep it all within the work limit line.
Karen Frickenhaus questioned if they could remove trees before the appeal period ended?
Leslie Duthie stated yes but the stumps could not be removed.
Karen Frickenhaus stated she would grind the stumps not remove them.
7:55 NOI New England Power d/b/a National Grid public hearing continued.
Glenn Colburn stated the hearing was continued to receive a file # from the Department of Environmental Protection. The Commission received a number DEP 338-0360 with no additional comments from DEP.
Leslie Duthie stated she had two questions still remaining:
- Concerns regarding the ruts and general poor condition that Atlantic Systems has left along the National Grid right of way.
- If National Grid can find a way to be flexible regarding the time of year that the work on the transmission line is carried out in the area of Reimers Road/ Twelve Mile Brook.
Glenn Colburn stated that could be addressed in the Order of Conditions.
Leslie Duthie moved to close the hearing and issue an Order of Conditions.
Davis Johnson seconded the motion.
It was so voted, unanimous.
8:05 MAIL:
- Copies of Beaver removal permits issued to the Town of Monson Highway Department by the Board of Health for Nieske Road and Waid Road near Upper Hampden Road.
- Notification from Lycott Environmental of treatment for milfoil at Dean Pond.
- Notification from Lycott Environmental of additional herbicide treatment at Dean Pond.
- Copy of a letter sent to Michael Scott, Boston Road West notifying him he was working in an area subject to protection under the Wetland Protection Act without permit.
Leslie Duthie stated Michael Scott was working in the buffer zone, leveling the back yard and dumping large rocks in the wetlands. She suggested the Commission issue a friendly Enforcement Order to correct the resource area alterations and return the resource area to its original condition.
Leslie Duthie moved to issue an enforcement order.
Davis Johnson seconded the motion.
It was so voted, unanimous.
- Forest cutting plan for 17 acres Peter Matrow, Munn Road.
- Final forest cutting plan 9 acres Zuell Road, Thomas Woloshchuk.
Leslie Duthie stated she noticed that the contractor working on the new homes at 3 Heritage Lane and 5 Heritage Lane is piling debris behind the pond. Leslie Duthie will contact the developer.
Leslie Duthie stated Seth Wesson contacted her regarding the boundary that the Commission marked between the Conservation land and Mr. Etti’s land on Reimers Road. He questioned if there was a way to leave things as they were with the understanding that if Mr. Etti were to sell his property it would revert to woodlands. Leslie Duthie stated she explained that was not possible under the conditions of the Conservation Restriction that Opacum Land Trust holds on the property.
8:25 NOI State Avenue ExxonMobile Pipeline Co. DEP issued a file number DEP 228-0361.
Eric Runstrum, Rioux Associates representing ExxonMobile Pipeline stated the work involved is preventative maintenance of a petroleum line on property located on State Avenue. ExxonMobile Pipeline conducted a test on the line by running a PIG through the casing that goes around the pipeline running under the roadway on State Avenue. An anomaly was identified and the intent is to excavate the casing on both sides of the road, flush out the casing and fill it with a gel material to prevent any corrosion to the pipeline within the casting.
Glenn Colburn questioned why an excavation 16 feet down was proposed?
Eric Runstrum stated the pipeline is 4 feet down but the road is elevated with steep slopes on either side. It is proposed to dig into the edges of the bank and 16 feet is a calculation how far into the slope they may have to go. A preliminary shoring plan is under preparation and care will be taken to protect the riverfront area. There is a small area of wetland on the northern end but no vegetation was observed, it is believed the area is saturated because of the storm drain.
Davis Johnson questioned if by excavating so deeply they would reach the water table?
Eric Runstrum stated they would have to de-water the area and they have a plan for that possibility. This is an area subject to MESA review and they plan to do a sweep of the area prior to any work.
Leslie Duthie questioned when they planned to do the work?
Eric Runstrum stated later summer or early winter it could even be next year. The river is fairly high in August and September.
Glenn Colburn questioned where the soils would be stockpiled?
Eric Runstrum stated the work would take approximately two days and the soils would be contained within the area protected by straw wattles. A silt fence is to be installed between the excavation area and the river. A copy of a letter from Natural Heritage and Endangered Species was included with the Notice of Intent.
Leslie Duthie questioned if State Avenue would be closed?
Eric Runstrum stated it is not anticipated that the road would have to be closed, but until the area is actually excavated that cannot be said with 100% certainty.
Glenn Colburn questioned if multiple products pass through the pipeline?
Eric Runstrum stated sometimes home heating goes through.
Leslie Duthie asked that the Commission be notified of all contingencies.
Eric Runstrum stated there was no problem with keeping the Commission updated. The engineers will know very quickly if the work cannot be done as planned. The site would be closed up and another engineered plan developed.
Leslie Duthie stated if it is found that this is not as straight forward as it seems, close up the site, prepare and new plan and notify the Conservation Commission.
Glenn Colburn stated he was comfortable with that.
9:00 Leslie Duthie moved to close the hearing and issue an Order of Conditions.
Davis Johnson seconded the motion.
It was so voted, unanimous.
Leslie Duthie moved to accept the minutes of May 14, 2014 as presented.
Davis Johnson seconded the motion.
It was so voted, unanimous.
The Commission arranged site visits for June 11, 2014 starting with 21 Pease Avenue James Finnegan at 5:00 P.M., Carpenter Road Robert Richardson and Silver Street, Gail Howard.
9:00 Leslie Duthie moved to adjourn.
Glenn Colburn seconded the motion.
It was so voted, unanimous.
Respectfully submitted,
Linda A. Hull
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