MONSON CONSERVATION COMMISSION
MINUTES SEPTEMBER 17, 2014
MEMBERS PRESENT: Glenn Colburn, Leslie Duthie and Davis Johnson.
7:00 241 Silver Street Matthew Guthrie met informally with the Commission to discuss work in what the Commission believes is a jurisdictional area on his property without a permit.
Glenn Colburn stated the Commission is familiar with the property and has met with Mr. Guthrie previously to discuss work that has taken place on the property. The Commission believed it had an understanding with Mr. Guthrie that any work south of the driveway was jurisdictional and would require a filing with the Commission. It appears herbicide was used on an area south of the driveway in the buffer zone. The Commission has made every effort to work with the property owner on previous occasions and has not required a wetland delineation but in light of the latest work it would be beneficial to both the property owner and the Commission to have a definitive wetland line.
Atty. Dean Goldblatt, stated he had been retained by Mr. Guthrie and questioned if the property was officially designated as wetlands? He stated the Commission has congratulated itself for working with Mr. Guthrie but the DEP has not officially determined there are wetlands on his property.
Leslie Duthie stated the DEP does not determine if there are wetlands on a property typically when a homeowner works on their land they hire a consultant, it is the consultant who determines the wetland line and the appropriate filing with the Commission. She stated she agreed with Glenn Colburn that the Commission has been out to the property several times and agreed the boulders that were there were a recognizable mark and no work beyond the boulders could take place without a filing. She stated Atty. Goldblatts’ remark regarding the Commissions’ comment that it has tried to work with Mr. Guthrie sounded somewhat facetious. The Commission has not asked Mr. Guthrie to this point to hire a consultant to determine the wetland line because it believed it had an agreement regarding the limit of work. Ms. Duthie stated she believed the best solution was for Mr. Guthrie to hire a consultant to determine how far the wetland extends up to the driveway and then the Commission can
say this is jurisdictional work and requires a filing.
Davis Johnson stated the Commission made a site visit to the property when Mr. Guthrie filed an RDA to remove trees and discussed at the site the trees that were to be removed. The Commission believed at this point it had an understanding where the edge of the wetland was and where there was to be no incursions.
Glenn Colburn stated the line needs to be delineated so that the Commission and Mr. Guthrie does not have to do this every couple of years. The Commission can issue a friendly Enforcement Order that gives a date by which time Mr. Guthrie should hire a professional scientist to delineate the wetland boundary and within six weeks file with the Commission.
Leslie Duthie questioned if Atty. Goldblatt was saying there a no wetlands on the property?
Atty. Goldblatt stated he did not know.
Leslie Duthie stated based on the Commissioners combined experience we do believe there are wetlands on that part of the property and apparently do not have an understanding with Mr. Guthrie of where the wetland line is.
Davis Johnson stated an independent party would solve the problem.
Matthew Guthrie and Attorney Goldblatt left room to discuss the Commissions’ request to hire a wetland consultant.
Atty. Goldblatt questioned a friendly Enforcement Order?
Glenn Colburn stated the Commissioners are assuming Mr. Guthrie will work with Commission. He stated the Enforcement Order would say three weeks to hire a wetland scientist, three weeks after that plan that shows the wetland line and file an Abbreviated Notice of Resource Area Delineation (ANRAD).
Atty. Goldblatt questioned the deadlines?
Glenn Colburn stated the Commission cannot leave it open ended it has to put in something that is reasonable. He stated after the wetland line is established a permanent buffer zone should be established with permanent bounds placed so that the Guthries’ and any future owners know the wetland boundary.
7:40 RDA Route 20 Boston Road Assessors Map 64 Lot 1. ExxonMobile Pipeline Company has filed a request to resurface an access road over the pipeline.
Eric Runstrom, Roux Associates was present representing ExxonMobile Pipeline Co. He stated the Commission is familiar with the site, the pipeline is within the right of way on an access road that is also used by another utility. That utility plows the access road during the winter and over time the pipeline has come close to being exposed. The pipeline needs a certain amount of coverage and it is proposed to return the access to its original grade. No drainage work and no change to the original grade is proposed. It will probably take one day to lay down the fill material, erosion controls will be used on the sides of the access to make sure nothing runs off into the drainage structures and the fill will be compacted. It is not proposed to change the width of the access way and
seventy two hours should see the work completed. He stated Roux Associates believes the work meets the criteria for a Negative determination.
Leslie Duthie questioned how much material was to be added?
Davis Johnson questioned how it proposed to keep the access way from degrading in the future?
Eric Runstrom stated they did not believe there was an erosion problem, rather the plowing of the access way was reducing the coverage over the pipeline. The berms on the sides have been brought up approximately a foot.
Davis Johnson suggested using something a little more impervious to plowing, use crushed stone instead of fill.
Eric Runstrom stated obviously ExxonMobile does not want to come back with the same problem and he thought they would be agreeable to the crushed stone.
Davis Johnson questioned if the work was just on the small section that is plowed or the whole length of the access?
Eric Runstrom stated it is just the area that is plowed and maybe fill could be used and then top with crushed stone.
Glenn Colburn stated crushed stone would probably work better for the Commission because of erosion.
Leslie Duthie questioned if ExxonMobile had a preference regarding the material to cover the pipeline?
Eric Runstrom stated he believed it is more a certain amount of coverage rather than the material covering the pipeline, of course ExxonMobile would not want to use something big enough to damage the pipe.
Leslie Duthie moved to give a negative determination for work within the buffer zone as defined in the Regulations that will not alter or change an area subject to protection with the condition that crushed stone is used.
Davis Johnson seconded the motion.
It was so voted unanimous
8:00 NOI Fern Hill Road Assessors Map 86 Lot 14 ExxonMobile Pipeline Co., has filed for pipeline maintenance.
DEP has issued a number DEP 228-366.
Eric Runstrom, Roux Associates stated they would access the location from State Avenue and make repairs or reinstall the casing around the pipeline. They believed the pipeline is approximately four to five feet down, it should take approximately one day to dig the area. Matting would be used to access the location through the wetlands, and matting in the work location. The spoils from the excavation would be placed on matting and the wetland soils segregated to ensure the backfill is done in the correct order. It will be necessary to de-water during the excavation and care will be taken to ensure that it is at a rate that does not overwhelm the structure.
Glenn Colburn stated this appears to be a really simple operation, the area to be excavated is 10’ x 15’.
Eric Runstrom stated that is to make sure they find the casing.
Davis Johnson questioned if the piping was thick enough that it would not be damaged by digging?
Eric Runstrom stated the regulations are strict and mandate that within one and a half feet of the pipe it must be hand dug.
Leslie Duthie stated it appears they are putting a line on the casing.
Eric Runstrom stated it is a wire attached to the casing on one end and a pole on the other, it is called a casing lead and aids in checking the pipeline.
Leslie Duthie moved to close the hearing and issue an Order of Conditions.
Davis Johnson seconded the motion.
It was so voted unanimous.
8:20 Reimers Road Tim Shepard met with the Commission for an informal discussion regarding a dam on the Shepard property.
Tim Shepard stated he wanted to apologize for removing the boards on the dam and to assure the Commission they would be replaced by Friday September 19, 2014. He stated he removed one Board because the water was rising and he did not want it to overflow on the road, but was not aware that another family member went and removed the second board.
Leslie Duthie stated the Commission received a number of reports regarding the pond level.
Tim Shepard stated he wanted to work with the Commission to come up with a solution to the beaver problem. Every time there is a storm warning the family has to think about removing a board to ensure that the road is not compromised. He apologized again stating the intent was good, to protect the road from flooding but the removal of the second board caused the problem. The boards will be replaced and the family will work with the Commission on a better solution.
Leslie Duthie stated the next time boards are removed there should be a filing with the Commission.
The Commission discussed the forest legacy program with Tim Shepard.
8:40 The Commission signed an Order of Conditions for Lot 38 Heritage Lane that included a turf reinforcement mat exactly as detailed on the plan dated August 20, 2014. The Order of Conditions also included a site engineer designated as erosion control officer; once work starts on the slope the work must continue uninterrupted until it is concluded; erosion controls must be maintained throughout the project, including the anti- tracking pad.
The Commission signed a Partial Certificate of Compliance for 155 Brimfield Road, Jose & Adelina Martinez based on an “As Built” plan prepared by Sherman & Frydryk, Land Surveying & Engineering dated 9/18/2014.
The Commission issued a friendly Enforcement Order to Walter McLaughlin 60 Lower Hampden Road for removal of extra fill material that was placed in the driveway area, and requested a restoration plan. The Commission will issue a Certificate of Compliance when the restoration is complete.
8:43 Leslie Duthie moved to continue the public hearing for Lot 39 Heritage Lane as requested by the applicant.
Glenn Colburn seconded the motion.
It was so voted unanimous.
Glenn Colburn stated he discussed the situation at 348 Lower Hampden Road, Robert & Joanne Fortier with Mark Stimson DEP who said the regulation quoted by Mr. Fortier does not apply to this situation. Mr. & Mrs. Fortier are scheduled to attend the October 8, 2014 meeting.
Leslie Duthie stated the Trustees of Reservations asked to be kept informed of the situation, as it was during the monitoring of the Trustees land that the pump set up was observed.
Leslie Duthie stated she walked the property lines with the Trustees between the Town property and property owned by Joseph Dasco. There is a bike trail that goes from Mr. Dascos’ property onto Town property and comes out on the pipeline and then heads back to Peaked Mountain. The Trustees hold the Conservation Restriction on the Dasco property and have not seen the logging plan that was filed.
8:50 NOI Pulpit Rock Pond Association Assessors Map 005, Parcel 34Q.
Davis Johnson stated he contacted the company who originally put in the gates at the Pulpit Rock dam and the information they gave him was that they were basically irreparable. He suggested the Commission continue the public hearing to 2015 to allow time for the Association to come up with a new plan.
MAIL.
- Al Joyce received the Order of Conditions for Lot 2A Silver Street.
- David Mill recorded the Order of Conditions for Wales Road.
- Copy of the monitoring report for the APR on the Krupczak property Wilbraham Road, 84 acres inspected June 25, 2014.
- Copy of a Beaver Removal Permit issued by the Board of Health for Nieske Road.
- Copy of a Beaver Removal Permit issued by the Board of Health for Hospital Road Bridge.
- Copy of a Beaver Removal Permit issued by the BOH for Bunyan Road Bridge.
- Copy of a Forest Cutting Plan 66 Butler Road, 27 acres, Berube.
- Copy of a Forest Cutting Plan Cedar Swamp Road 45 acres, Skalbite.
Leslie Duthie moved to accept the minutes of August 22, 2014 as presented.
Glenn Colburn seconded the motion.
It was so voted, unanimous.
Leslie Duthie moved to accept the minutes of August 6, 2014 as presented.
Glenn Colburn seconded the motion.
Davis Johnson abstained, as he was not present at the meeting.
It was so voted.
Glenn Colburn stated he checked the site on Boston Road owned by Michael Scott, the erosion control is in, the material has been pulled back from the buffer zone and the boulders have been placed.
9:05 Glenn Colburn moved to adjourn.
Leslie Duthie seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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