MONSON CONSERVATION COMMISSION
MINUTES JUNE 25, 2014
MEMBERS PRESENT: Glenn Colburn, Leslie Duthie and Davis Johnson
7:00 Glenn Colburn and Davis Johnson stated they would not be available for the next regularly scheduled meeting of July 16, 2014. The Commission will cancel the July 16, 2014 meeting due to the lack of a quorum.
The Commission received a copy of a letter to the Board of Selectmen from Audra Staples who with much regret resigned from the Conservation Commission due to family and business commitments. The Commission would like to thank her for her commitment to the Commission and her hard work on its behalf.
7:15 RFD 21 Pease Avenue James Finnegan. The Request for Determination is for work to re-grade a small roadside area that is within the riverfront area.
Two Commissioners Glenn Colburn and Leslie Duthie looked at the site on Pease Avenue.
Glenn Colburn stated the work is definitely within the riverfront area and is subject to protection under the Act, but with proper erosion controls as long as they are maintained he did not think anything would get down to the river.
Leslie Duthie stated she believed Mr. Finnegan can do the work so there will be no impacts to the riverfront area and it will benefit the road as a whole. There is a steep drop off on the lower part of the yard and he wants to grade to make an area that can be planted and mowed.
Davis Johnson questioned the approximate square footage that is to be regarded?
Leslie Duthie stated she would approximate 75 square feet, the grade will still be fairly steep.
Glenn Colburn stated the property is very well cared for and he would agree with Ms. Duthie that Mr. Finnegan can do the work without impacting the riverfront area.
Leslie Duthie moved to give a negative determination for work within an area subject to protection under the Act, but will not remove, fill, dredge or alter that area, said work does not require the filing of a NOI, and a negative determination for work within the Buffer Zone that will not alter an area subject to protection under the Act, subject to the following conditions:
- Install a silt fence south and west of the work area prior to the start of any work.
Davis Johnson seconded the motion.
It was so voted, unanimous.
7:35 Glenn Colburn stated he looked at the Conservation property on Nieske Road, (formerly Jean Porwoll’s property) prior to coming to the meeting, Mr. Arooth has planted and there is no manure smell. There are tracks showing where four wheelers have gone through the little field. He stated he also saw tracks on the Silver Street Conservation area going through the Shepard property and coming out on the Conservation property on Reimers Road.
7:40 NOI Lot 2A Silver Street Bedrock Financial, Al Joyce. DEP has issued a file number DEP 228-0362 without comments.
Al Joyce stated a portion of the driveway for a single family home on Lot 2A Silver Street is in the 100 foot buffer zone. The property is also requires a filing with the Natural Heritage and Endangered Species Program and MESA review. NHESP has responded that as proposed the work will not adversely impact endangered species habit and MESA has responded that the proposed work will not result in a take.
Glenn Colburn stated there is no grading shown on plan.
Al Joyce stated the Commission suggested stones along the driveway and it made sense to curve the driveway to avoid a straight shot down to Silver Street. A vegetated area will be left across the front of the property with the exception of the opening for the driveway. Mr. Joyce stated he is not changing the existing grade except where the house will be located.
Leslie Duthie questioned if Mr. Joyce planned to install a silt fence along the front of the property.
Al Joyce stated he planned to install a silt fence on the down side of the stones. The driveway will be paved and a stone rip rap installed beneath the driveway.
Glenn Colburn stated he believed a stone lined trench swale with check dams built into the swale was a better option.
Leslie Duthie stated the Commission will require an anti-tracking pad at the driveway entrance.
Leslie Duthie moved to close hearing and issue an Order of Conditions.
Davis Johnson seconded the motion.
It was so voted, unanimous.
8:10 The Commission signed off on a lot on Ely Road for Mr. Joyce.
Davis John recused himself to avoid the appearance of a conflict.
8:10 NOI Pulpit Rock Pond Preservation Trust. Work proposed is a drawdown of Pulpit Rock pond to repair one of two dams (Dam A) to correct mechanism used to open and close the dam gates and replace the gates on property shown on Assessors Map 005, Parcel 034Q Lakeshore Drive.
Raymond Sbriscia stated it is proposed to do the work in the cold season or after the first freeze to allow the pond time to fill for spring.
Glenn Colburn questioned how it was proposed to do the drawdown?
Davis Johnson stated he was speaking as a resident of the lake and a member of the Trust. It was proposed to remove the dam boards to partially bring the water down and after that a controlled breach of the dam gates to lower the water.
Raymond Sbriscia stated they are not sure what they will find until the water is low enough to expose the mechanism and gates.
Leslie Duthie questioned how much lower the water would be after removing the boards?
Raymond Sbriscia stated the upper board is already exposed after the other board is removed he would estimate the lake would be lower by approximately a foot.
Glenn Colburn stated his main concern was that the drawdown was controlled to avoid flooding the downstream properties and that there was a plan to give the Commission some idea as to how the gates would be replaced. He questioned if the plan was to drain the whole pond?
Raymond Sbriscia stated they need a diver to go down and look to see what is there.
Glenn Colburn stated he would agree that is what is needed. A determination must be made as to whether the gates and mechanism are rusted away, or, is debris clogging the gates and mechanism to prevent the gates opening.
Leslie Duthie questioned the location of dam B?
Davis Johnson stated it is to the north of the main dam.
Glenn Colburn stated he was in favor of repairing the dam but the Commission needs to know exactly how it is going to be done and the state of the mechanism.
Leslie Duthie questioned if the Association had considered some type of coffer dam to leave several feet of water in the bottom of the pond.
Raymond Sbriscia stated the gates are relatively high off the bottom of the lake and when the drawdown reaches the gate there will still be water left in the pond.
Leslie Duthie questioned the depth of the lake to the bottom of the gates? She stated it is important to lower the pond slowly to give the creatures a chance to move a Plan B should be prepared just in case a coffer dam is necessary to work on the gates and still have water in the pond.
Raymond Sbriscia stated he did not know how high much higher the gates were than the bottom of the lake.
Davis Johnson stated they would take steps to determine the depth of the gates and depth of the lake.
Helen Moore questioned who was paying for the work on the dam?
Davis Johnson stated it is the impoverished Pulpit Rock Lake Association trying to do the work in the simplest and cheapest way possible. He stated the Association does not worry that the lake will not come up quickly, the worry is slowing down the release.
Raymond Sbriscia stated the Association will try to get a diver to go down and see just what is there.
Glenn Colburn agreed stating it could be something as simple as a rock in the gears or something more serious.
Leslie Duthie stated the drawdown will also work to control the invasive species. The water level should remain down until there is a good hard freeze.
Glenn Colburn questioned how it was proposed to fill the lake and maintain a minimum flow through the whole project. There will always be water coming in and it will go out almost like a free flowing stream but at a much lower level.
Leslie Duthie stated she agreed with Mr. Colburn the spillway runs throughout the year, once the gates are repaired the Association cannot close them and cut off Twelve Mile Brook.
Davis Johnson questioned how that would be done?
Glenn Colburn suggested keeping one valve half open to maintain the flow. He suggested this would be a good time for the property owners around the lake to go in with hand tools and clean away any debris and spread down a very thin layer of sand.
Karen Frickenhaus questioned what abutters can do in their yards?
Glenn Colburn stated the Notice of Intent could be reworded to do beach nourishment with hand tools only. That would also apply to any brush removal, hand tools only. Absolutely no dredging with mechanized equipment, no backhoes, or dump trucks, all of the work must be down by hand with hand tools.
Karen Frickenhaus stated this would be a good thing for the lake because it has filled in over time.
Leslie Duthie stated that is a natural occurrence the natural evolution of a wetland system
Davis Johnson stated there is a sand bar left over from the 2005 flood could a group go in and remove that by hand?
Leslie Duthie questioned where sand would be moved to?
Glenn Colburn stated he would prefer this is kept simple, hand shovel a little spot but removing a large amount is stretching it too far. The NOI is to repair the dam mechanism and replace the gates. If the Lake Association is considering dredging the lake at a later time it would require a new NOI.
Leslie Duthie suggested the Association wait for comments from DEP before making any modifications to the NOI.
Raymond Sbriscia stated the first thing the Association must do is hire a diver to look at the mechanism that has failed and determine the depth of the gates and depth of the lake bed.
Glenn Colburn stated the more information both the Association and Commission has the better.
Karen Frickenhaus questioned when the dam is repaired what will be the level of the water?
Davis Johnson stated he would approximate it to be 6 inches higher than it is now.
Leslie Duthie suggested the contacting Mark Stimson at DEP to get the stream stats.
Leslie Duthie stated the DEP has not issued a file number for the project and moved to continue the hearing to August 6, 2014 for additional information and to receive a file number.
Glenn Colburn seconded the motion.
It was so voted.
Davis Johnson returned to the Commission.
9:10 The NOI for Cote Road was continued to August 6, 2014 at 8:15 P.M.
Glenn Colburn stated he drove by Gail Howards’ property on Silver Street and no work has been done and no erosion controls installed. It was agreed to make contact with John Prenosil, Ms. Howards’ consultant for a definitive answer regarding when the work would start. If there is no resolution the Commission will contact Town Counsel.
9:15 MAIL
- Copy of the review by Natural Heritage & Endangered Species as proposed the work on ExxonMobile pipeline located on State Avenue will not have an adverse effect on the protected species.
- Copy of a letter written by the Building Commissioner to property owners on Maple Street regarding travel campers located on the property.
- Douglas Warka, Bethany Road received a copy of an enforcement order.
- Notice from Lycott Environmental of proposed vegetation treatment at Dean Pond.
- Notice from Lycott Environmental of proposed vegetation treatment at Paradise Lake.
- Various Building Permits.
The Commission issued an Enforcement Order to Michael Scott with regard to property on Boston Road West.
9:25 Leslie Duthie moved to adjourn.
Glenn Colburn seconded.
It was so voted, unanimous.
Respectfully submitted,
Linda A. Hull
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