Becket Conservation Commission
March 20, 2008
Approved Minutes
Meeting Opens at 6:28 PM
Commissioners Present: Josh Lombard, Chair; Mercedes Gallagher, Vice Chair; Purr McEwen; Kathy Vsetecka (leaves right after Item #2); Marty Winters
Commissioners Absent: Scott Morley; Barbara Toomey
1. Approval and signing of minutes of February 21, 2008 and the March 13, 2008 meetings.
· Purr moves to approve the 2/21 minutes as presented; Marty seconds; unanimous approval.
· Purr moves to approve the 3/13 minutes as presented; Josh seconds; unanimous approval.
2. Request for Determination of Applicability Joshua F. Lombard Leland Rd. Map 411 lot 3.4 Cutting of trees that will shade photovoltaic panels on home; trees within the 100’ buffer to an intermittent stream.
Josh recuses himself and Mercedes chairs this hearing.
Present: Josh Lombard and his wife, Alice Briggs.
Ms. Briggs is the representative for the applicant and presents the plan. Marty and Mercedes did the site visit. Marty comments on how quickly trees grow so there may be more in the future that need to be cut in addition to the ones currently being designated. Mercedes points out that the house, driveway, and septic are all totally out of the buffer area; the trees that will need to be cut are in an area that comes no closer than forty feet of the stream. It is agreed that no more than twenty-five trees would need to be cut over the three year life of the RDA. No public.
Mercedes moves to issue a Negative Determination of Applicability with the following conditions:
· No tree stumps will be removed
· No tree cutting will occur within 40 (forty) feet of the stream
· The maximum number of trees to be cut is 25 (twenty-five)
Marty seconds. Unanimous approval.
Mercedes remarks that she had initially thought the stream in question might be perennial but on looking later at the upstream sources on the other side of the road that it was intermittent.
<<Kathy Leaves>>
Josh returns to the board.3. Continued Request for Determination of Applicability Joseph DeCarolis 126
Alan-a-Dale Drive Map 216 lot 494 Building a garage in the buffer zone of
Little Robin Lake
Present: Joseph DeCarolis
Josh reviews the notes Kathy has left for this item:
He is putting in a foundation; he has an excellent work description in RDA. Excavated area approx. 22’ by 28’; material removed will be stored as shown on the plan. Once footings and foundation are poured and cured, foundation will be backfilled. Approx. 2 weeks from the time of excavation begins until the foundation is backfilled. Once garage completed, a layer of loam will be spread over the disturbed area and grass seed planted immediately. Four (4) trees to be removed as marked at site.
For those on site visit: the area we thought might be the dry well is not. The dry well is in another location. What we saw was the end of an underground gutter system. The water comes off the roof into the perforated pipe and exits where we were looking. Mr. DeCarolis thought the idea of planting blueberry bushes, etc. there was a good idea and seemed willing to do it.
Mr. DeCarolis presents the plan. Marty has some questions about the cement pad and drainage. The existing driveway will continue to be used. Four (4) trees will be taken down, three of which are in distressed condition anyway. The position of the silt fence is adjusted on the on the plan to include the work area for tying in drainage to the existing system. There is discussion of erosion controls and the stockpile of excavated material. No public.
Mercedes moves to issue a Negative Determination of Applicability with the following conditions:
· Standard Conditions
· The excavation pile will be covered by a tarp 24 (twenty-four) hours until the pile is removed
· Erosion controls will be straw wattles or silt fence held down with rocks and held up by stakes
· Additional native plantings in the area of the roof drain outlet
Purr seconds. Unanimous approval.
4. Continued Request for Determination of Applicability Henry A. Terwedow Jr., 175 Big Bass lane Map 413 lot 58 Creation of a new single family home including septic system and driveway
Mike Parsons has asked for a continuance because of the snow cover. No public.
Purr moves to continue to April 17th at the request of the applicant; Mercedes seconds; unanimous approval.
5. Request for Determination of Applicability Two-State YMCA Map 211 & 212 Lot 1 Clear and restore pasture; clear a footpath across dam
Present: Steve Turner, YMCA property director
Mr. Turner presents the plans. Notes are made and initialed clarifying the area to be cleared and that there will be no wood chips put down. Silt fence will be inside the stone wall and will be weighted with rocks. Clearing will be by hand with roots being pulled up wherever possible. Mercedes is concerned with possible erosion from pulling up roots. Josh suggests conservation seed mix on any exposed soils.
Mercedes moves to issue a Negative Determination of Applicability with the following conditions:
· Standard Conditions
· Silt fence in the pasture be laid up against the inside of the stone wall and weighted
· Seed any exposed soils in the dam area with conservation seed mix
Purr seconds. Unanimous approval.
6. Notice of Intent John Engels 210 Goodwin Road Map 210 lot 20 Demolition and reconstruction of a single-family home with associated utilities
Present: John Engels and Ann Brauzee of Berkshire Engineering
Public Present: Alice Briggs, Al Kirchner
Ms. Brauzee opens by saying that some comments have been received by both the commission and an abutter which she has not yet had time to incorporate into the plan so they will be requesting a continuance tonight.
Ms. Brauzee presents the plan. There is discussion of the flood plain.
Mr. Kirchner says that he has seen the lake flood up into his yard and go over the top of the dam. He points out on the plan the area that, per his observation, is wet most of the time. Ann will research the property and talk with the Office of Dam Safety to get more data. Berkshire Engineering will be digging test holes and doing a wetland delineation. Mr. Kirchner has an engineering report which suggests a wildlife study be done and Ms. Brauzee asks what the commission thinks of that idea. Mercedes says that DEP can be consulted – this is not something the commission will decide on tonight. Mercedes points out that the existing vegetative buffer is very good.
The issue of a dock is raised and Ms. Brauzee says that Mr. Engels has an expired dock permit. She says it was an interim dock license which runs with the owner, not with the property so they are not yet ready to present any plans for the intended dock.
The dewatering plan is discussed and explained by Ms. Brauzee. Mr. Kirchner is concerned about raising up the lot and also expresses concern with a note on the plan that indicates that compensatory storage may be needed on an adjacent lot. Ms. Brauzee says that Mr. Engels has a relative who owns an adjacent lot and Mr. Kirchner says he just wants to know where it is and that it’s adequate.
Public: Ms. Briggs asks about the two swales shown on the plan – don’t they effectively halve the flow on the side of the property closest to Mr. Kirchner’s property? There is more discussion of existing and expected drainage patterns. Mr. Kirchner is concerned with the maintenance of the swales. He also does not understand how the swales fit on the plan. Ms. Brauzee explains this. End public.
Mercedes asks if a curtain drain would work and Ms. Brauzee says yes, but there are building code issues that need to be addressed as far as properly covering the foundation.
Mercedes asks what permits have been obtained so far. The NOI is the first formal process to be undertaken. They still need to go to the Building Inspector, the Board of Health, and the Zoning Board of Appeals.
Mercedes moves to continue to April 17th at the request of the applicant; Marty seconds; unanimous approval.
Mr. Kirchner submits his written comments for the file.
7. Discussion of property at 3255 Main Street Map 207 lot 67; owner Robert Sweet RDA expires March 21, 2008
There is discussion of the options available to the commission in this case. Mercedes briefly recaps the situation and reads the special conditions on the RDA. The bank has not yet been stabilized as directed. There is also a potential issue with the old driveway.
Josh moves to send Mr. Sweet a letter requesting a site meeting to resolve the outstanding issues on his expired Determination of Applicability. Purr seconds. Unanimous approval.
8. Enforcement Order on 674 Benton Hill Rd. Map 209 lot 23 IndyMac Bank; Discussion also of Order of Conditions on said property
Josh reads the notes that Kathy left for this:
. . . this property is to be auctioned on the 26th of March. Discussed with Mark; anyone can register the Order of Conditions now on the property (it has not been registered and thus is not valid at this time) and leave the Enforcement Order. This would save the new owners money as they wouldn’t have to go through the NOI process. Josh stated he will go to the auction.
Josh will take a copy of the E/O and contact information for Berkshire Engineering with him to the auction.
No action taken.
9. Administrative Business
a. 2007 Report on Late Season Aquatic Plant Survey at Center Pond: Per Kathy’s notes, this report is in the office. Mr. Kirchner submits a letter requesting to be on the April Agenda.
b. Certificate of Non-Compliance and Dam Safety Order
i. Center Pond
ii. Little Robin Lake
Per Kathy’s notes, these documents are in the office. Mercedes reports that the state has given them both a procedure to be followed through November of 2009 so there will likely be applications for work to be done on them coming before the commission.
c. Timme—dry hydrant: Josh reads Kathy’s notes:
He only owns one lot and that is the one on which the hydrant is located. Letter sent to him about this and requesting a response.
Mercedes recalls this to have been shown as a common use area when originally presented to the commission and wonders how it would work that it has now been sold to a private party. Josh says that he believes the letter that was sent addressed the commission’s concerns regarding this.
d. Outstanding Enforcement Orders: Josh reads Kathy’s notes:
o Sherman—Mr. Sherman will meet with us in April; we are to contact him as we will know when the conditions are acceptable. He can plant native shrubs and trees without a permit. We just need to see if they are in the area as required in the EO.
o IndyMac—see above
o McLaren—on for replication reports
o Richter—see Timme above
o Andrews—this EO was returned unopened; copy to be put on site Needs to be ratified
o SFNA—waiting for the snow to go! Then pictures and DEP unless we hear from the association
10. Entertainment of an Informal Discussion with Mr. Greg Fowler Regarding Shaw Pond Beaver Issues
Mr. Fowler, who is a P.E., reports that he walked the dam and shot levels. He says the beaver activity has raised the ground water and changed the character of the wetlands. Septic systems in the area are also being affected. Mercedes explains to him that permits must be obtained from both this commission and the Natural Heritage and Endangered Species Program., and that for emergency permitting, an additional permit is required from the Board of Health. There is extensive discussion; maps are consulted; Mercedes gives a detailed explanation of her understanding of the very complex beaver laws and procedures for dealing with this situation. Mr. Fowler has hired Beaver Solutions and they are doing a site visit this coming Saturday.
No Action Taken
There being no further business, Josh moves to adjourn; Marty seconds; unanimous approval. Meeting adjourned at 9:14 PM.
Respectfully Submitted,
Blanche Lennington, Recorder
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Josh Lombard, Chair Date
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Mercedes Gallagher, Vice Chair Date
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Purr McEwen Date
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Kathy Vsetecka Date
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Marty Winters Date
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