MONSON CONSERVATION COMMISSION
MINUTES JANUARY 8, 2014
MEMBERS PRESENT: Glenn Colburn, Leslie Duthie and Dave Johnson.
MEMBERS ABSENT: Audra Staples
7:07 Gail Howard and her son James Howard met with the Conservation Commission to discuss property that Gail Howard owns on Silver Street.
Glenn Colburn stated the Commission had concerns that a significant amount of work had occurred at the Silver Street property owned by Ms. Howard that required a filing with the Conservation Commission. The Commission observed what appears to be a significant amount of fill added to a driveway that has caused erosion into the BVW (Bordering Vegetated Wetlands) and stream; cinder blocks and brush that has been dumped in the buffer zone and the removal of a beaver dam. A Commissioner also observed two dead beaver in the stream bed.
Gail Howard stated her son removed trees with a track skidsteer because the beaver blocked the culvert and road to the house. Water flooded over the driveway and washed it out so he replaced the fill but did not go any further than the culvert.
Davis Johnson stated the Commission saw evidence of the ponding and saw the disturbance in the driveway.
Glenn Colburn stated the Commission made a site visit and observed the work from an abutting property and took pictures to document what it saw on November 24, 2013. Approximately 400 feet of new fill has been placed in the driveway to raise the roadbed and now that fill is eroding into the stream. This is a serious violation of the Wetland Protection Act. A property owner has the right to maintain their property but there are procedures that must be observed and the work that has taken place on this property certainly would have required a filing with the Conservation Commission. Additionally the removal of the dam would not have been permitted in the manor it was done. Beaver can be trapped and the dam lowered or removed under certain conditions, the dam would be lowered slowly over a period of time, not just
taken out with machinery. The impact to properties downstream with the release of this amount of water could cause serious damage. Glenn Colburn stated he would recommend that the Conservation Commission issue an Enforcement Order to Ms. Howard
Leslie Duthie questioned if Ms. Howard’s son was responsible for the entire fill that was placed on the driveway?
Gail Howard stated her son used a small dump truck and skidsteer to remove the trees and add material to the driveway.
Leslie Duthie stated all of the activity that has occurred on the property requires permits. To remove beaver and beaver dams permits are required from the Board of Health and the Conservation Commission and permits are required from the Conservation Commission to work in wetlands.
Gail Howard stated she was not aware that she needed permits to protect her property.
Glenn Colburn stated the Commission has worked with Ms. Howard before on wetland issues that involved this property and abutting property and the intermittent stream that runs between the properties. Regardless this is a serious violation of the Wetland Protection Act and the Commission has prepared an Enforcement Order. The extent and type of activity is the placing of an undetermined amount of fill in BVW and an intermittent stream. Fill appears to have been used to widen 400 feet of private driveway. Two dead beavers were witnessed on the property and there is evidence a beaver dam has been removed and the impoundment drained. The commission made a site visit on November 24, 2013 and documented a pile of cinder blocks in BVW and piles of brush, rocks and soil that has been bulldozed in wetlands and
buffer zones. No erosion controls were used and there is evidence of erosion into the stream.
Glenn Colburn stated the Commission orders that the property owner, his agents, permittees and all others shall immediately cease and desist from any activity affecting the Buffer Zone and/or resource areas. The resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. A restoration plan shall be filed with the issuing authority on or before February 19, 2014 for the following:
Removal of all fill that has been placed in the wetland resource areas and their 100-foot buffer zone; Restoration and Stabilization of all disturbed areas; Monitoring of restored areas for successful regeneration of native plants and invasive plants will be conducted by the Conservation Commission or a wetlands professional to be paid for by the property owner, for a minimum of two years; The property owner shall install a continuous line of properly installed erosion controls consisting of filter fabric fence and straw bales or logs. The location of this line shall be determined by the Conservation Commission, and shall serve to protect all resource areas from siltation and further damage. Erosion controls shall remain in place and in good working condition until written permission is given by the Conservation
Commission for removal. The Conservation Commission reserves the right to enter the property during reasonable times, without prior notice, for purposes of inspection for compliance with this Order.
Leslie Duthie stated the erosion control should be installed as soon as possible.
Glenn Colburn stated the area should be returned to its original condition as soon as possible however the Commission recognizes that it depends on whether the ground is frozen or excessively wet. Mr. Colburn stated he would agree with Ms. Duthie that erosion controls should be in as soon as possible.
Gail Howard questioned exactly what this all meant? Who puts the erosion control in and who has to do a restoration plan?
Glenn Colburn stated that the property owner should install the erosion control.
Leslie Duthie stated that Ms. Howard’s son would probably be able to install the erosion control but advised that the restoration plan was more complicated it would be better to hire a wetland specialist to help with that.
Gail Howard questioned if she would have to hire the wetland specialist and where would she find one?
Glenn Colburn stated the property owner would have to hire the wetland specialist and there are listings in the telephone book. He stated the Commission expects a restoration plan on or before February 19, 2014. With regard to the erosion control as soon as Ms. Howard was ready to install a silt fence or haybales/straw wattles if she called the office he would meet whoever was doing the installation on site at a mutually convenient time to confirm the location of the erosion control. The controls should be installed hard up against the toe of the slope.
Leslie Duthie advised Ms. Howard not to miss the February 19, 2014 date and to keep in touch with the Commission if there were problems. The Commission would like to receive the plan prior to the February 19, 2014 date if possible to study it but the 19th is the date that should not be ignored. The Commission has made DEP aware of the violation and a copy of the Enforcement Order will be sent to them. It is the hope of the Commission that the property owner cooperates with the Commission to resolve the situation.
7:50 Carpenter Road Robert Richardson. Leslie Duthie stated she asked Mr. Richardson to attend the meeting to discuss the work that has occurred on his property that involves cleaning out an intermittent stream. She stated she observed Mr. Richardson working in the back of his property stumping to expand his fields. The work was not jurisdictional until he moved the excavator behind his son’s house and excavated the stream. That is a violation of the Wetland Protection Act, any work within a 100 feet of an intermittent stream or 200 feet of a perennial stream requires a filing with the Conservation Commission.
Mr. Richardson stated he did not know all the laws but the tornado brought down a lot of trees and that changed things. He stated the brook was not flowing properly so he removed the trees and went down to his son’s house because that is where all the debris ended up and cleaned it out. He stated he believed common sense should be applied he did not do anything that was bad for anyone.
Leslie Duthie stated it was more than debris removal, soil was excavated. The Commission is not saying this cannot be done what it is saying is that the work required a filing with the Conservation Commission. Certainly the tornado damaged a lot of properties in Monson and for a period after the tornado the Commission issued Emergency Certificates but this is two years on and did not constitute an emergency. Mr. Richardson should have contacted the Conservation Commission. When Mr. Richardson’s father built a new home he sited the house to avoid the wetlands, and when his son built his home the wetland limits were marked on the septic plan to ensure no violation occurred when constructing the home.
Mr. Richardson stated he felt it was an agricultural exemption but now he knows it is not and he cannot work in the stream without filing. He stated there is another brook on his property that he would like to clean out.
Leslie Duthie stated the stream that has been disturbed already is an intermittent stream but the other stream on the west side is a perennial stream and Mr. Richardson will absolutely have to file to do any work within 200 feet of that stream. Ms. Duthie stated she was not concerned with the stumping work in the field; it is a hay field and always has been it is the work in the back on his son’s house that is a violation.
Mr. Richardson questioned if he could remove the trees that are down near the stream on the west side of the property?
Glenn Colburn stated no that is riverfront resource area and even to remove trees that are down the homeowner down must file. Mr. Colburn stated the Commission is not concerned with the haying and maintenance of the existing fields but anytime any work is proposed within 200 feet of a perennial stream, whatever the work the property owner must file with the Commission.
Mr. Richardson stated he was stumping beyond his son’s house but will not do any more.
The Commission stated they would like to take a look at what has been done and where it has been done and at the same time can talk about the paperwork Mr. Richardson would have to file in order to do the work on the perennial stream.
Mr. Richardson questioned when the Commission would like to make a visit?
Leslie Duthie stated the Commission meets every three weeks but there is no point in the Commission coming out if there is snow cover. She stated the Commission could look at the property on a mutually agreeable date on a Saturday or Sunday.
Mr. Richardson stated he works away a great deal but would make every effort to meet with them.
8:20 14 Town Farm Road, Dan & Cheryl Comeau. Leslie Duthie stated she wrote a letter to Mr. & Mrs. Comeau because she drove past their property on Town Farm Road and saw that a great deal of work had been done to the existing pond.
Dan Comeau stated he started by cleaning up the debris that resulted from tornado damage and putting in a rock wall. There is a culvert that comes down from Town Farm Road and when it rains hard sand is pushed through culvert and fills up the pond. Cattails are spreading out and taking over the pond and he started cleaning that up.
Leslie Duthie stated it is natural for wetland to fill in over time and cattails are at least a native species unfortunately this is how wetlands evolve. Granted the Town culvert does not help the situation but the work that has been done is under the jurisdiction of the Conservation Commission and required a filing.
Daniel Comeau stated he would like to fill in behind the sand with the material that he took out. At the present he has stockpiled the material on his property.
Glenn Colburn stated Mr. Comeau should file with the Commission to do anymore work.
Leslie Duthie questioned if Mr. Comeau would consider not putting in lawn grass but rather use a wetland mix that contains native sedges and grasses that grow a little taller and have a deeper root system.
Dan Comeau questioned where he could purchase the wetland mix?
Leslie Duthie stated she could provide a couple of places that carried a wetland mix.
Dan Comeau stated the pond was spring fed and water is always running into and out of the pond.
The Commission gave Mr. Comeau a Request for Determination to complete and return for the work that he wants to complete.
Leslie Duthie moved to approve the minutes of December 11, 2013.
It was so voted, unanimous.
8:35 MAIL
- Keith Terry, Sherman & Frydryk, Land Surveying & Engineering submitted a full scale set of plans and narrative of the changes to the plan for 40 Old Stage Coach Drive. The Commission met with Mr. Terry on December 11, 2013 and determined an amendment to the Order of Condition was not needed based on the scope of work that was changed.
- Return receipt from Mass Highway Route 32, Determination of Applicability.
- Return receipt from Matthew Smith GZA GeoEnvironmental Inc. MDC Determination of Applicability.
- Copy of deed for Lot 5 Gates Street and Cushman Street from Jerald Gates.
- A communication from East Quabbin Land Trust re: work on property on Boston Road West formerly owned by Keith Bourbonaisse. Leslie Duthie stated she stopped by the property and Michael Scott to attend a meeting. It is also National Heritage and Endangered Species Habitat.
- Forest cutting plan Eric Wesson 42.5 acres Nieske/Reimers Road.
Leslie Duthie stated she would contact State Forester Doug Hutchinson regarding the plan. A bridge is proposed and she wanted to verify that it is temporary and would be removed when the project is complete.
- Various building permits.
Glenn Colburn stated the gate on Jean Porwoll's property was wide open and the lock link has been cut on the chain. He stated he would replace the lock.
8:45 Leslie Duthie moved to adjourn
Glenn Colburn seconded the motion.
It was so voted, unanimous.
Respectfully submitted,
Linda A. Hull
| 
