MONSON CONSERVATION COMMISSION
MINUTES NOVEMBER 19, 2014
MEMBERS PRESENT: Glenn Colburn, Leslie Duthie and Davis Johnson.
MEMBERS ABSENT:
The Commission signed the amended Order of Conditions for National Grid that addressed the access change on Palmer Road.
7:00 RDA Town of Monson Old Reed Road, Monson Highway Department. The work proposed is improvements on Old Reed Road south of the pond located on property at 67 Old Reed Road.
Leslie Duthie stated she met on site with John Morrell, after property owner Charles Smith attended a Conservation Commission meeting stating his concern with amount of silt going into the pond. John Morrell agreed to make some improvements and that is the request for determination that is before the Commission.
Donald Frydryk stated the original plan proposed construction of a paved swale across the existing gravel driveway culvert to a sediment basin that would outlet to a level spreader with a 12 inch pipe. Mark Stinson DEP was concerned with the point source discharge and determined if the Town went with this plan it would have to file a Notice of Intent, not a Request for Determination of Applicability. The revised plan includes a paved apron across the existing gravel driveway to a grass swale and sediment basin. The sediment basin will overflow to a level spreader that is sized to limit the velocity to below 2 feet per second to minimize surface erosion.
Leslie Duthie stated grass worked fine for her.
Donald Frydryk stated Mr. Smith has to grant an easement for the work.
Leslie Duthie moved to give a negative determination for work in an area subject to protection under the Act, but will not remove, fill dredge or alter that area, and does not require the filing of a Notice of Intent.
Glenn Colburn seconded the motion.
It was so vote, unanimous.
7:25 Patricia Fay 16 Longview Drive informed the Commission that the bushes that were planted beyond the work limit line have been removed.
Leslie Duthie stated she would make a site visit.
Cheryl Medvetsky 3 Pond Road met informally with the Commission to discuss her plans to construct a storage building.
Leslie Duthie stated she asked Ms. Medvetsky to come to a meeting because when she checked the site the area looked to be wetlands or in the buffer zone. The rear portion of the project is certainly in the buffer zone. Ms. Duthie stated she did not have a shovel with her so could not check the soils, but it was all red maple and she was concerned with the swale. She questioned what the Commission would like Ms. Medvetsky to file?
Cheryl Medvetsky stated she was not sure of the size of the building but it was an approximate area 30’ x 50’ that she staked out.
Glenn Colburn questioned if it was presently all woods?
Davis Johnson stated looking at the plan it would appear there is upland closer to the house, would it be possible move it closer to the house?
Cheryl Medvetsky stated it would be difficult to move because of the lay of the land.
Leslie Duthie stated there are gardens in that area and Ms. Medvetsky wants to also put in a shed. Leslie Duthie stated at the site visit she questioned if the location of the buildings could be switched?
Glenn Colburn stated Ms. Medvetsky should hire a consultant to help her determine the actual wetland line, and put that on a plan along with what is there now, the size and footprint of the proposed buildings, how much of the woodland area would have to be cut and cleared. The consultant should be able to advise the kind of filing the Commission would require, erosion controls etc. If a full foundation is proposed what would happen to the excess soil, would it be removed from the property or relocated on the property?
Cheryl Medvetsky stated she did not know what size buildings she wanted? She questioned if she put everything on a plan did that mean she could go ahead and build?
Davis Johnson stated just preparing a plan did not mean she could move forward with the project. He explained that because of the wetlands/buffer zone a filing with the Commission would be required. The professional she hired to flag the wetlands would know the wetland regulations and the kind of filing that was required
8:00 348 Lower Hampden Road Robert & Joanne Fortier discussion regarding removal of water from Temple Brook.
Leslie Duthie stated the Commission called DEP talked to Mark Stinson who said this regulation is for ground water withdrawal for public water supply.
Robert Fortier stated that is not what the regulation says the Water Management Act regulation allows anyone to remove water for non-consumptive uses. Mr. Fortier stated his property goes to the center line of the brook and they have spent a lot of money on their property. The water is only taken from Temple Brook after a rainfall and during the summer when the pond gets low.
Leslie Duthie stated if everyone who owned property along a stream or brook were to similarly remove water from a riverine system there would be significant impacts to the waterways in Monson.
Robert Fortier stated the law stipulates that the withdrawal cannot affect the brook more than 5%. The brook runs all the time and there are fish in the brook. He stated he contacted Boston before withdrawing the water and was directed to the regulations which he read and re-read.
Glenn Colburn questioned if he spoke to anyone to explain in detail what he proposed? He stated he personally spoke with Mark Stinson at DEP Western Regional Office in Springfield, explained what was taking place and Mr. Stinson was emphatic that it is not allowed under the Wetland Protection Act.
Davis Johnson stated during July and August the water level is the lowest of the year even if Temple Brook runs all the time.
Robert Fortier stated when he acquired the property he restored a section of the brook and removed all sorts of things including tires.
Leslie Duthie questioned what was preventing Mr. Fortier from using his well water for pond?
Robert Fortier stated he could not take 5000 gallons from his well.
Glenn Colburn stated after speaking with Circuit Rider Mark Stinson he does not believe that the regulation that Mr. Fortier quoted applies to his pond.
Robert Fortier stated he would like that in writing, because everything he has read leads him to believe that pumping water from Temple Brook into the pond on his property was allowed.
Glenn Colburn questioned the name of the person Mr. Fortier spoke with?
Robert Fortier stated he did not speak with anyone, but read the regulations on the website.
Glenn Colburn advised him to call DEP Western Regional Office, Wetlands Division and speak with Mark Stinson.
JoAnne Fortier stated they also collect rainwater for the pond.
Leslie Duthie stated that was a better solution than pumping water from Temple Brook. She stated she agreed with Glenn Colburn that Mr. Fortier was applying the wrong regulations.
Robert Fortier stated they could never collect enough rain water because the pond is 75 feet long and 45 feet wide.
Glenn Colburn reiterated that the regulation cited by Mr. Fortier does not apply to this situation. He suggested Mr. Fortier speak with Mark Stinson and attend the next meeting of the Conservation Commission for further discussion.
8:25 Chuck Adams Town Farm Road, met informally with the Conservation Commission to discuss a timber harvest they plan to do, associated with that Mr. Adams would like to replace a culvert. The landing for the timber harvest will be on the east side of Beebe Road and for a safe landing they need to replace the culvert.
Glenn Colburn questioned if the culvert was dry most of the time?
Charles Adams stated yes. The access from Beebe Road is safer than trying to access the site from Town Farm Road, and rather than placing fill and a bridge it would be easier to replace the culvert.
Glenn Colburn stated it would be routine maintenance if the replacement culvert was exactly the same size.
Chuck Adams stated the existing culvert is narrow the replacement culvert would be longer.
Glenn Colburn advised Mr. Adams to file a Request for Determination of Applicability.
Chuck Adams stated what is existing is a classic old culvert how should it be built to meet the current wetland regulations?
Glenn Colburn stated now the culverts have a natural bottom but the existing could be replaced exactly as it is.
8:40 241 Silver Street. Leslie Duthie stated she met Alec MacLeod Wetland Consultant for the property owner at 241 Silver Street and showed the Commissioners photographs she took of the property showing the wetland flags. She stated everything behind the rocks is wetlands, the front parking section coming up to Silver Street there are wetlands along the edge and all of that area is buffer zone. She stated she took a soil sample that showed wetland soil and came to an understanding with Mr. Guthrie’s’ consultant regarding the wetland line. Mr. MacLeod was of the opinion that Mr. Guthrie would be willing to use boulders to mark the line and also put in permanent markers. In the front area that Mr. Guthrie would like to mow on an annual basis it is all honeysuckle and it is buffer zone.
Leslie Duthie stated she asked Mr. MacLeod to have Mr. Guthrie file a RDA for the annual mowing and include a plan showing where the permanent line is. The Commission still have the RDA that Mr. Guthrie filed a year or so ago to cut some trees down. The Commission did a site visit at the time of the filing and determined that the tree behind the house and to the north side could be cut.
8:55 The Commission signed the partial Certificate of Compliance for Patricia Fay, 16 Longview Drive. The Commission also signed partial Certificates of Compliance for Karen King, 11 Longview Drive, Donna Vedovelli, 9 Longview Drive and Amy & Ray Johnson, 14 Longview Drive.
The Commission will not release the Order of Conditions for Lot 39 Heritage Lane until the property owner submits a check to pay for the independent review of the Notice of Intent.
Leslie Duthie moved to accept the minutes of October 29, 2014.
Glenn Colburn seconded the motion.
It was so voted.
Davis Johnson abstained.
Glenn Colburn moved to accept the minutes of October 8, 2014.
Leslie Duthie seconded the motion.
It was so voted, unanimous.
9:05 MAIL
- Request for a Certificate of Compliance from property owners at 15 Longview Drive and 18 Longview Drive.
- Request Certificate of Compliance for Carpenter Road, Andrew Beaulieu.
The Commission set site visits for November 25th at 4:00 – 4:30 P.M.
- Return Receipt Order of Conditions Exxon Mobile State Avenue.
- Forest cutting plan for Carpenter and Beebe Roads 25 acres.
- Forest cutting plan Zuell Road, Michael Woloshchuk 30 acres.
- Forest cutting plan Zuell Road, Thomas Woloshchuk 27 acres.
- Notice of new Wetland Regulations hearing December 2, 2014 in Ludlow.
9:15 Glenn Colburn moved to adjourn.
Leslie Duthie seconded.
It was so voted, unanimous.
Respectfully submitted,
Linda A. Hull
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