MONSON CONSERVATION COMMISSION
MINUTES APRIL 23, 2014
MEMBERS PRESENT: Audra Staples, Leslie Duthie Glenn Colburn & Davis Johnson
7:00 Leslie Duthie stated she looked at the house site on East Hill Road and would sign the new construction sheet.
Douglas Warka met informally with the Commission to discuss his tornado clean up on property he owns on Bethany Road.
Leslie Duthie stated someone reported this to the Department of Environmental Protection and the DEP called the Conservation Commission. Karen Hirschberger, DEP suggested to the Commission that if the property owner is willing to work with the Commission that a friendly enforcement order would be the way to go. The Commission should ask the property owner to stop working in the buffer zone around the pond and if any additional material is to be removed it should be by hand and not with equipment.
Douglas Warka stated the silt fence is in and when the other side is seeded with a conservation mix he would put in waddles and hay bales.
Glenn Colburn questioned what was going to happen with the gully?
Douglas Warka stated he had not done the gully yet but wanted to get seed in.
Leslie Duthie suggested seeding right away with something that was quick growing.
Glenn Colburn thanked Mr. Warka for working with the Commission and stated all of this would be in the friendly enforcement order.
Douglas Warka stated he lives at 9 Bethany Road and there is a lot of rubble, metal etc. in the pond that he would like to remove.
Leslie Duthie stated if he wanted to do additional work wait until the pond dries out and go in by hand and remove the material.
Douglas Warka stated the purpose of this is to clean up the tornado damage and make the land appealing there are no plans to build on it.
Leslie Duthie stated she had discussed replanting some trees with Mr. Warka.
Douglas Warka stated that would be later after the cleanup is complete.
Leslie Duthie stated sometimes nurseries contact her about trees and the Replanting Monson Committee also may be able to help with trees, the sooner something goes into the ground by the wet area to provide shade the better.
7:20 NOI 13 Lakeshore Drive Karen Frickenhaus and C. Howard Johnson Accessory structures in the Riverfront Area.
Karen Frickenhaus submitted proof of notification to abutters. She stated the Zoning Board of Appeals issued a variance for the placement of a garage and shed no closer to the front property line than twenty (20) feet eight (8) inches. This is a challenging lot there is not a lot of room to work with. If the shed was moved closer to the line of trees the access to the rear of the property would be nearer to the slope edge. The location of the shed on the plan would mean minimal grading to allow the placement of the shed on a bed of crushed stone. A temporary structure has been located in the same place for six years and there has been no erosion.
Leslie Duthie stated the slope with the rip rap to hold the culvert is existing but she had a question about the way the back part of the garage is to be constructed?
Karen Frickenhaus stated the back of the garage is on piers and comes out 6’ x 6’ and across 6’ x 6’ and will be four feet above grade to provide space to store wood underneath. If storage similar to that provided by the shed were to be under the garage it would mean having to excavate four feet down and that is more disturbance.
Leslie Duthie stated for clarity the area where the shed is to be located is where a temporary building was located.
Karen Frickenhaus stated that was correct but all of the temporary storage has been removed.
Glenn Colburn stated he had problems embracing this project because the Commission is not supposed to allow anything within the first 100 foot riparian zone of the 200 foot riverfront area and only 10% in the outer 100 foot riparian zone. The garage is probably sited as close to the house as it possibly can be. The problem is the shed it would be preferable not to allow anything on the south side and moving the shed a little to allow the access road behind it would not make it any more palatable. Glenn Colburn stated the Commission is supposed to look at alternatives and although one of the objectives of the plan is to save as many trees as possible maybe that is an alternative.
Davis Johnson stated the Commission must consider the precedent that it could be setting by allowing work within the first 100 feet of the riverfront area, another owner may not be such a good steward of the land.
Glenn Colburn stated the lake has a 100 foot buffer zone but the riverfront has resource area not just a buffer zone and it is also considered wildlife habitat.
Leslie Duthie stated she would agree with Davis Johnson that the Commission must be aware of the precedent it could be setting. She questioned the purpose of the shed?
Karen Frickenhaus stated supplies, garden tools, wheelbarrows and a lawn mower.
Davis Johnson stated if the Commission were to approve the shed, a condition should be included in the Order of Conditions that the shed must be removed prior to new ownership.
Leslie Duthie questioned if the shed could be located behind the garage?
Glenn Colburn questioned if the garage could be located right up against the house?
Karen Frickenhaus stated the garage cannot be moved far enough back because it will hit the deck that is there.
Glenn Colburn stated he would agree that is not an easy situation, but the Commission must look at how the project meets the performance standards and the shed does not meet the performance standards. He stated he would like time to think this over and maybe look at how to expand the garage.
Howard Johnson stated Ms. Frickenhaus is a master gardener and she wants to keep doing that on the property a shed is very important to her.
Leslie Duthie stated she agreed with Mr. Colburn and would like time to brain storm different ideas to try to find a solution without compromising the things the Commission feels strongly about. She stated she also wanted to consider the precedent the Commission would set if it approved something that so obviously did not meet the performance standards. She suggested the Commission think about and set a date to make a site visit to take another look at the property.
Howard Johnson stated they considered put something on the side of garage but it would mean the trees would have to be removed.
Audra Staples stated that maybe a tradeoff that should be considered.
The Commission set a site visit for Monday May 5 at 5.15 P.M.
Glenn Colburn stated for clarity the Commission has no issue with the garage, it is the shed that is the problem.
8:35 The Commission has observed once again that the Conservation land formerly owned by Jean Porwoll is being used by people riding dirt bikes. The Commission will send out another letter in the hope that this practice can be stopped. The Monson Police Department has been made aware of the situation.
8:40 NOI Cote Road Monson Highway Department for work involving paving and culver repair/replacement.
Audra Staples moved to continue the hearing until May 14, 2014 at 8:00 P.M.
Leslie Duthie seconded the motion.
It was so voted, unanimous.
Leslie Duthie stated Edmond Etti called and would like to arrange a site visit with the Commission. The Commission also need to set a site visit for Silver Street with John Prenosil. The Commission will meet at 5:00 P.M. Friday May 2, 2014 at the Howard property on Silver Street and then to Reimers Road. The Commission set a site visit for 13 Lakeshore Drive, Karen Frickenhaus for Monday May 5th 2014 and will look at 101 Wilbraham Road after that.
8:45 MAIL
- Filing from Richard Krupczak 101 Wilbraham Road for a Request for Determination of Applicability to make a steep vegetated slope around his pond and remove the stone.
Glenn Colburn stated Mark Stimson from DEP called regarding this and said it is not an agricultural use unless the pond is being used as an irrigation pond. If it is not an irrigation pond there is no exemption. The DEP has an issue with water draining directly into the pond from the driveway.
- Copy of New England Central Railroad vegetation control within the NEC right of way.
- Cutting plan Jane Appleby 17 acres Paradise Lake Road.
- Natural Heritage & Endangered Species Program response to the Cutting Plan submitted by Thomas Woloschchuk, Zuell Road. Motorized vehicles during the time starting December 1 and ending March 31.
- Various building permits.
Leslie Duthie gave the Commission a copy of the Memorandum of Understanding signed by Michael Moore.
Leslie Duthie moved to accept the minutes of April 2, 2014 as presented.
Audra Staples seconded the motion.
It was so voted, unanimous.
9:00 Audra Staples moved to adjourn.
Davis Johnson seconded the motion.
It was so voted, unanimous.
Respectfully submitted,
Linda A. Hull
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