MONSON CONSERVATION COMMISSION
MINUTES JANUARY 7, 2004
MEMBERS PRESENT: Leslie Duthie, Glenn Colburn, Sarah Miller, Donald Lambert & Seth Wilson and Jean Porwoll
MEMBERS ABSENT: Cheryl Cheetham
7:00 The Commission discussed the budget that is to be submitted to the Finance Committee. Leslie Duthie questioned the increase in the line item for legal advertisements?
Glenn Colburn stated he looked at the monies the Commission has already expended for legal advertisements and it is evident that in six months it has spent most of the money allocated for the year. He stated he requested double for the new fiscal year.
7:26 NOI 17 Lakeshore Drive Craig Swimm. Glenn Colburn stated the Commission has had discussion regarding this site and the necessity of a surveyed plan. It has already been established that the construction is not in the flood plain. A surveyed plan is not going to affect the Commissions’ ability to write an Order of Conditions. This is a very small addition and it is away from the lakeside of the property. Glenn Colburn moved to close the hearing and issue an Order of Conditions.
Leslie Duthie seconded the motion.
Discussion: The Commissioners’ have enough information on paper and first hand observation of the site to write an order of conditions that will protect the resource areas.
Motion carried unanimous
.
7:29 ANRAD Stebbins Road, 228 D219 Sherman & Woods submitted the revised plan as discussed at the last meeting. The plan shows an intermittent stream on Parcel C and an isolated wetland on Parcel B.
Leslie Duthie stated she contacted Donald Frydryk to ask if he thought the owner would be interested in gifting land to the Town?
Donald Frydryk stated he would make the Commissions’ interest known to the property owner.
Seth Wilson stated it would probably depend if the land could be reconfigured to still have three lots. The way the land is configured now Parcel C would be difficult to build on. This may be an instance where the abutters to the property would consider a donation to the land acquisition fund to purchase the property.
Leslie Duthie stated this is a piece of property that is highly visible from the road with a view that typifies Monson.
Glenn Colburn made a motion that the Commission agrees with the wetland line as it is shown on the revised plan and would issue the determination.
Leslie Duthie seconded.
Discussion none.
It was so voted, unanimous.
7:40 Silver Street Amanda & Dean Christian enforcement order. Leslie Duthie thanked Mr. & Mrs. Christian for coming in to discuss the enforcement order with the Commission. She stated it appears a beaver dam was breached and a large rock removed and the concern the Commission has is that the water from the certified vernal pool will drain out more quickly than it should. This is a vernal pool that has been certified and recognized by the Natural Heritage and Endangered Species Program. Part of the Commissions’ responsibility is to make sure the ecosystem is maintained.
Amanda Christian stated they were not aware that any rock was removed or beaver dam removed. She asked the Commission to show them pictures?
Leslie Duthie stated the Commission looked at the site and there is an obvious break in the stone wall and it is easy to see the large rock that has distress marks on it from the equipment used to move it. Unfortunately it is the responsibility of the property owner whether they authorized the work or not. Ms. Duthie stated she would be happy to meet Mr. & Mrs. Christian at the site. The rock must be replaced to maintain the correct water level in the swamp.
Dean Christian stated ever since he has lived on Silver Street there has been a break in the wall and people steal the stones from the wall. The water goes under the road and through a culvert.
Seth Wilson stated the Commission was talking about the outlet where the water backs up. Moving the rock has affected the water level retention and could have a drastic effect on the environmental benefits of the wetlands.
Dean Christian stated he would like to meet the Commission at the site.
Seth Wilson stated it is not the intent of the Commission to accuse or to make people feel personally targeted rather it is the intent to try and arrive at a solution with the property owners to fix the problem.
Jim Joyce Silver Street stated he is an abutter to the property in question and the Commission keeps using the word appears, it does not have any concrete evidence.
Leslie Duthie stated she used the word appears because there are distress marks on the rock that have been made by a machine. The rock is of such a size that it would take a machine to move it. There is also debris at the site that is consistent with the removal of a beaver dam. The Commission has already observed the property prior to construction of the home the appearance of the debris and distress marks on a rock too large to be moved without machinery caused her to use the word “appears”.
Amanda Christian questioned what would happen if the rock is not put back in the correct spot and instead of a vernal pool they end up with a pond on their property?
The Commission advised the property owners to contact the builder who constructed the home because there was a lot of documentation submitted at the time of construction. Some of it was photographic documentation. The rock was removed around August of 2003 the same time the beaver or muskrat dam disappeared. The debris from the dam is still evident and it appears someone went onto Mr. Christian’s property without permission and in the process of illegally removing the beaver or muskrat dam removed the rock. It is illegal to remove a beaver or muskrat dam without a permit from the local Board of Health and before a permit is issued the Health Agent checks the site. The Conservation Commission must receive a copy of the permit from the Board of Health. There is no permit on file
with the Conservation Commission.
Dean Christian questioned if someone went onto his property without his knowledge or consent to remove the dam was he still liable?
Seth Wilson stated yes.
Jim Joyce stated the Town does a lot of work in that area it is possible the Highway Dept. did it?
Leslie Duthie stated before any letters were sent to Mr. & Mrs. Christian the Commission contacted the Highway Superintendent John Morrell who assured the Commission he had not authorized any such work.
Seth Wilson stated it is the responsibility of the Conservation Commission to act when is sees changes or evidence of change that will adversely affect a resource area.
Dean Christian questioned if anyone saw the machine removing the rock?
The Commission stated they had no information regarding that but would guess someone saw the machine whether they would chose to share that information with the Commission is another question.
Dean Christian questioned if he would have to hire someone to move the rock?
The Commission advised Mr. Christian to speak with one of his neighbors who has the equipment to replace the rock. It is possible he would do it as a neighborly act or at least the cost involved would be minimal as the equipment is in close proximity to the site.
Leslie Duthie stated she would contact Mr. Christian to arrange to meet him at the site.
8:12 Bradway Road Joseph Dasco met with the Commission to discuss 270 acres on Bradway Road the old D. J St. Germain property that he has purchased. He stated the land borders Temple Brook and Miller pond. Bay State Environmental has done preliminary engineering to plan out a limited sub-division that includes approximately 19 building lots and preserves some 170 acres of land as open space. The proposal is to do this under the open space bylaw to allow greater flexibility in the layout. The alternative is to cut a road across the property to hook up with a discontinued portion of Alden Thrasher Road and construct a regular sub-division.
Mr. Dasco stated he proposed a cul-de-sac design with common driveways to lessen the number of curb cuts. There are perennial streams on the property with existing crossings although conceivably two more crossings may be necessary. The roads within the development would be private ways owned and maintained by the Boulder Hill Association. The Association that is to be created would own the existing stone hunting lodge, pond and the conservation restriction on the open space that is to be preserved. Mr. Dasco stated he proposed to build his own home on one of the lots. The biggest challenge as he saw it was the grade and it was his intention to request a variance from the Planning Board of a 12% grade instead of 10%.
The Commission stated historically it has not looked favorably on new crossings where there are established crossings. If there is upland access the Commission has a policy of not allowing additional crossings. It may mean there would be a reduction in the number of lots to avoid additional crossings.
Joe Dasco stated it was his understanding all of the streams on the property fell under the guidelines for redevelopment. Additionally he had to have a certain number of lots to make it economically viable.
The Commission stated without walking the land it is difficult to envisage the project but it did reserve the right to disagree regarding redevelopment status.
Mr. Dasco stated he was meeting with the Planning Board January 20, 2004 and requested the Commission wait until after that meeting to arrange a site visit.
9:00 The Commission signed the Order of Conditions for Lot 3A Stebbins Road.
9:05 MAIL
1. RFD Lou Rivers 420 Boston Road West construction of a garage.
2.DEP file no: 228-217 for 45 Waid Road Al Joyce.
3. Letter from Mr. & Mrs. Christian Silver St.
4. Fax from Al Joyce re: 88 Bethany Road and the Order of Conditions for Patricia Carr-O’ Shea Chestnut Street.
5. Return receipt Mr. & Mrs. Christian Silver Street received the enforcement order.
6. Return receipt V. Acquista 75 Thayer Road received the Certificate of Compliance.
7. Letter from Parks & Recreation Department re: letter from Leslie Duthie regarding land at Flynt Park. The Parks & Recreation Commissioners have postponed any decision until they have walked the site in spring.
8. Letter re: forest cutting plan Silver St. Kofke Egger
9. Amended cutting plan Denice Smith 26 acres Monson Road.
10. Various building permits.
11. Copy of letter from Selectmen to Finance Com. Re: level funded budget.
12. PVPC completion of greenways plan.
13. Forest cutting plan Walter Gawecki Maxwell Road, 27 acres.
14. Copy of MACC news.
15. Copy of Legal Notice Zone change for Bethany Road and Site Plan Approval Main Street from the Planning Board.
16. Copy of legal notices for Lot 9 Ayers Rd, Lot 4 Moulton Hill Rd., Flynt Park and Green Street from Zoning Board of Appeals.
17. NOI for 45 Waid Road Bedrock Builders construction of a septic system.
18. Workshop for Conservation Commission members entitled Appearing in Court as an expert witness.
19 RFD John Silva 254 Wilbraham Road. The Commission would prefer it if the wetland consultant attended the on-site.
The Commission set site visits Sunday 1/18/04 at 9:30 A.M.
Glenn Colburn stated he has an enforcement order ready for the schools regarding the re-fueling of school busses within the buffer zone, a trailer parked in the buffer zone and storage of fluorescent light bulbs in the buffer zone.
Glenn Colburn stated the weather the last few weekends has not been conducive to checking out lots for building and it is dark by 5:00 P.M. so he would try and look at Paradise Lake this weekend.
9:58 Motion by Glenn Colburn to accept minutes of December 17, 2003 as presented.
Second from Leslie Duthie.
Discussion none. It was so voted, unanimous.
Motion by Glenn Colburn to adjourn.
Second from Leslie Duthie.
Discussion none. It was so voted, unanimous.
Respectfully submitted,
Linda A. Hull
Clerk
Cc: Assessors, BOH, BOS, Building Dept., Highway Dept., Planning Board, Town Clerk & ZBA.
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