MONSON CONSERVATION COMMISSION
MINUTES DECEMBER 10, 2014
MEMBERS PRESENT: Glenn Colburn, Leslie Duthie and Davis Johnson.
7:00 Evan & Karen Carrara met informally with the Commission to discuss an Abbreviated notice of Resource Area Delineation that they filed in 2007 for property they own on Cote Road.
Evan Carrara stated Natural Heritage and Endangered Species Program reviewed the filing and approved it and the Conservation Commission approved it. Both approvals are recorded at the Hampden County Registry of Deeds. He stated he spoke with DEP who told him that the ANRAD was subject to the extensions granted by DEP.
Leslie Duthie stated the Commission confirmed the wetland boundaries with the ANRAD but a Notice of Intent must still be filed for the work involved in the construction of a new home and the driveway, septic system, well that goes along with it.
Evan Carrara questioned how to file a NOI?
Leslie Duthie stated the Notice of Intent form is on line, a plan showing the approved work limits, locations of the house, well, septic system and driveway and erosion controls. The Commission would require three copies of everything and one copy should be sent to the Department of Environmental Protection.
Evan Carrara stated the house is on one side of the field and stream on the other.
Glenn Colburn stated it sounds like a lot of buffer zone work.
Leslie Duthie stated if all of the proposed work is more than 200 feet from the stream then a Request for Determination could be filed because it would be buffer zone work. The only way to know is to re-establish the approved boundaries on the property with flags. When the ANRAD was filed the wetlands would have been flagged on the property, but with the passage of time and the tornado it is doubtful any of those remain. A wetland specialist would be able to help with that.
7:20 RFD 241 Silver Street, Matthew Guthrie. Leslie Duthie stated Mr. Guthrie has filed the request for work that involves mowing a buffer zone area annually to control the honeysuckle and blueberries. She stated she made a site visit with Alec MacLeod, Wetland Consultant to Mr. Guthrie and looked at the area next to the driveway and determined the buffer zone extends from the rocks in a curved line to the parking area. The buffer zone will be marked with large rocks. The wetland line is along the south edge of the driveway and the parking area remains in the same location. The frontage is all buffer zone work. The buffer zone will be mowed annually between August and September.
The Commissioners discussed the wording of the determination and thought that it should include no work should take place south of the buffer zone area without further filing with the Conservation Commission. Measurements should be taken from a definitive fixed location such at the house foundation. The driveway is not paved and the line could change over time. The foundation of the house is a solid landmark.
Davis Johnson stated the measurements to delineate the placement of the boulders should be taken off of the house foundation.
Leslie Duthie stated to clarify the Commission wanted to include in the Determination that a plan providing the distance from the house foundation to the edge of the driveway, said plan to include the north arrow and the signature of either the property owner or wetland consultant be submitted to the Conservation Commission.
Leslie Duthie moved to give a positive determination for area, the area described on the plan is an area subject to protection under the Act, removing, filling, dredging or altering this area requires the filing of a NOI. The boundary delineation of the resource areas described are confirmed as accurate and are binding as to all decision rendered pursuant to the Wetland Protection Act with the submission of a plan that provides the distance from the house foundation to the edge of the driveway, and includes the north arrow and signature on the plan of the property owner or Wetland Consultant.
Davis Johnson seconded the motion.
It was so voted, unanimous.
7:30 348 Lower Hampden Road. Robert & JoAnne Fortier attended the meeting to update the Commission after contacting Mark Stinson at DEP.
Glenn Colburn stated that he did make a second call to Mark Stinson and confirmed that the Water Act regulation quoted by Mr. Fortier was not applicable to the work involving pumping water from a perennial stream to a pond on private property.
Robert Fortier stated he called and spoke with Mark Stinson to detail the amount of water withdrawn and the level on the activity. Mark Stinson advised that he file an RDA with the Conservation Commission and include details the limited scope of the work. The prime concern is the health of Temple Brook especially in times of severe drought. Mr. Fortier stated Mark Stinson told him to appeal to the DEP if the Monson Conservation Commission denied the RDA.
Leslie Duthie stated the Town owns property on the other side of Temple Brook and shares the property line with Mr. & Mrs. Fortier. The Trustees of Reservations hold the Conservation Restriction and the activity proposed by Mr. & Mrs. Fortier is prohibited by the restriction. The Trustees monitor the properties on which they hold a Conservation Restriction and were the ones who brought the violation to the attention on the Commission.
Robert Fortier submitted a Request for Determination of Applicability to the Commission.
The next regular meeting of the Conservation Commission is scheduled for December 31, 2014 but because of the holiday the Commission scheduled the next meeting for Wednesday January 7, 2015.
7:55 Joseph Dasco Lower Hampden Road met informally with the Commission to discuss a biking trail that comes from Mr. Dascos’ property onto property on which the Trustees of Reservations hold a Conservation Restriction and this is a violation of the restriction.
Joe Dasco stated the biking trail starts off at the gas line and comes across his property.
Leslie Duthie stated she walked the property with one of the Trustees and the marking that were found were similar to the trail markings on Mr. Dascos land.
Joe Dasco stated he did not gouge land but this trail has been raked.
Leslie Duthie stated this is a violation of the Conservation Restriction because there was no discussion with the Trustees as to whether it was allowed or the maintenance. Mr. Dasco has a bike trail on his property which is fine but the use of the bike trail on Town land must be discontinued. It will be an issue for Mr. Dasco if he allows the use of the bike trail on his property but does now know where his boundaries are and people continue to use the trail that has encroached on Town land.
David Haines contacted the Commission stating he was involved with Monson Development Center and would like to schedule a time with the Commission to look at some wetland lines.
Leslie Duthie stated she recalled that in 2004 then Selectwoman Kathleen Norbut told her part of the land at MDC was designated through Article 97 as under the Care and Custody of the Conservation Commission. That was all the information given to the Commission and then last summer after speaking with Bob O’Connor found out that nothing was recorded at the Registry of Deeds. Ms. Duthie stated she would try to get a copy of the deed and have it recorded.
8:15 The Commission signed the final Certificate of Compliance for Patricia Fay, Longview Drive.
Leslie Duthie stated after looking at the plan of land for the Longview Drive development 18 Longview Drive Steven Robert and Gloria Salemi will need an “As Built” plan,
The Commission will sign off on 15 Longview Drive, Carol & Richard Gantor and 57 Carpenter Road, Andrew Beaulieu at the next meeting.
Glenn Colburn stated after viewing the photographs sent by Andrea Agostino, National Grid it is obvious the erosion controls are not being maintained. Additionally during the hearings the Commission stressed the importance of planting ground cover as they moved across the project to ensure that only a few acres were open at any one time. He stated the Commission must contact SunEdison and ask them to come in and speak with the Commission. They would have had to have a Stormwater Pollution Prevention Plan for this project maybe the Commission should consider calling the EPA.
Leslie Duthie stated she sent Seth Wesson said Edmond & Marie Etti letters explaining the position of the Commission with regard to the Conservation Restriction on the Quinlan property. Leslie Duthie stated she discussed the forest management plan for the Quinlan property on Reimers Road with Scott Gerrish and he will also help with the green community certification for the land through grant money.
Leslie Duthie stated the Commission has stewardship money for the Carpenter Road property management and cutting. Scott Gerrish suggested cutting out the pine trees and doing some invasive control. The property will need to be cut annually to keep it early successional. Bill Plante was looking for a grazing land, maybe the Commission could come to some arrangement with him to cut it on an annual basis and do invasive control in exchange for grazing his cattle. The Commission has approximately 15 acres or so not counting Lot 3 the building lot that the Town has the right to sell.
8:35 MAIL
- Copy of National Grid yearly operation plan.
- Forest cutting plan for Carpenter Road Realty, Beebe Road and Town Farm Road.
- Forest cutting plan for Thomas Woloshchuk, Zuell Road, 23 acres. Natural Heritage & Endangered Species program reviewed the plan and restricted work involving motorized vehicles to between December 1st and March 31st.
- National Grid received the Amended Order of Conditions,
The Commission signed the land grant project agreement for Silver Street, Moore property.
Leslie Duthie stated Town Counsel is working on the certificate of title for the Bailey property on Cedar Swamp Road, it should be completed by the end of the year.
Leslie Duthie stated she would have the Certificate of Compliances for Carpenter Road, Andrew Beaulieu and Longview Drive Mr. & Mrs. Gantor ready to sign at the January 2015 meeting.
Leslie Duthie stated after the torrential rain of the past few days she looked at Lots 38 and 39 on Heritage Lane. The bulk of the water was coming down through what was flagged as wetlands. Sediment was coming from the house under construction at 3 Heritage land into the road. The house just below the pond the sediment was washing around the culvert.
Leslie Duthie moved to accept the minutes of November 19, 2014.
Glenn Colburn seconded the motion.
It was so voted, unanimous.
8:45 Leslie Duthie moved to adjourn.
Glenn Colburn seconded the motion.
It was so voted, unanimous.
Respectfully submitted,
Linda A. Hull
| 
