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Conservation Commission Minutes 11/5/09
Becket Conservation Commission

Minutes – Nov 5, 2009

      The Meeting is called to order at 6:30 PM.

Commissioners Present: Scott Morley, Vice Chair; Kathy Vsetecka, Commissioner and Agent; Bud Moylan; Marty Winters

     Members absent: Purr McEwen, Chair -A new member, Richard Prior was introduced.

1.    Request for Determinations of Applicability Mark Bye 3509 Jacob’s Ladder Road        Map 202 lot 47 Construction of a 24’ X24’ family room with a deck on the roof; construction of a patio with a stair on a concrete pad
           Robert McMahon representing Mark Bye. Plans were distributed and referenced. The work will be done in the same footprint except for the stairs. The basement is a walkout and stairs will be constructed going up.  Instead of a pitched roof it will be flat and will be used as a deck.  Part of the work will be to remove the existing structure and foundation which is poured concrete in the back.  A new foundation wall will need to be poured.  The stairs will have a 5’X2’ concrete pad. Asphalt will be removed and blue stone patio placed.  Drainage measures were demonstrated on the plans. No major trees will be removed along the pike but some over hanging branches will possibly need to be removed.  Some native species and shrubs are to be planted to receive water draining from roof. The debris from the demolition (originally stored in a dumpster) will be removed by small, light equipment.  A silt fence will be utilized as erosion controls.

           Kathy motioned to issue Negative Determination of Applicability with conditions. Second set of erosion controls moved up 15 feet west from the line of the bank; no large trees to be cut and Becket Standard conditions.  Seconded by Scott;  all in favor.

2.      Request for Determination of Applicability  Massachusetts Highway Department Rte 20 West from Chester TL to just East of Andrews Corner Micro Milling and resurfacing the roadway; also removing and resetting granite curbs and guardrails
Amer Raza representing Massachusetts Highway Department.  The plan is for resurfacing of the road by cold planing of 2 inches.  MA Highway did not present a definitive set of plans outlining the scope of the work or delineation of the wet land areas. What they did submit was vague. The project is to start next February when it will be going into bidding. Excavation not expected to be done, just cold planing of the existing road. Straw bales and sediment fenced will be used to control erosion.  Only excavation might be needed would be on the granite curbs that are broken. In these areas straw bales would be used.  When drainage structures need repaired, erosion measures will also be applied. Existing grading work is restricted to the existing structure.  No bridge repair in this project or replacement of culverts.  Conservation is concerned that nothing in the plans shows where erosion controls are to be implemented. The debris will be removed and sent to the processing plant and new material will be applied.  Commission feels that a verbal presentation is inadequate, especially with areas that need to be protected by erosion controls and would like to see a written plan.  Amer stated that the main project is the removal and replacement of 2 inches and therefore will not require erosion controls. The plan outlines the ancillary work where erosion controls will be implemented.  Scott read aloud the contract as presented by MA Highway. While a contract was shown whereby the intention was to protect the wetlands, Conservation pointed out that without the delineation, how will these areas be identified.  While Kathy pointed out that the Lee Conservation made similar requests, Amer argued that with Lee, it was just a depot area as opposed to the 7 mile project being presented to Becket. Scott would like to see a plot plan with detailed erosion controls to be combined with delineation of resource areas. He feels that to state the areas that need to be protected is reasonable. The fact that nothing is to be stockpiled and everything is to be taken offsite should also be included.  

Scott made a motion for a continuance for the Request for Determination of Applicability to December 17; seconded by Kathy, all in favor.

3.         Administrative Business
           Anne Bruzzi
           Anne Bruzzi, Berkshire Engineering, representing HerbIrv Epstein who lives at 524 Silver Leaf Drive.  He had three Order of Conditions issued on this property.  Before the property sells, he needs these to be closed out.  The first one, a Certificate of Compliance, was issued on 9/25/2006 which was the septic system. It needs to be recorded and she is requesting the paper work be corrected and signed.  The second is in response to an Enforcement Order where Mr. Epstein had a severe erosion problem.  A Notice of Intent was submitted to fix the erosion controls and install a walkway. Restorations were for addressing the erosion and doing some planting.  A partial Certificate of Compliance was issued so that a third Order of Conditions can be implemented. At the time the erosion measures were in place but not quite as stable as they would have liked.  An inspection was done by Kathy and Ann and the erosion controls appeared to be all set.  A new Request for Certificate of Compliance is being submitted.  The first COC, # 256, needs to be signed. The partial COC, #316 is now being submitted for a complete compliance.  COC #330 was the final order for replication and installation of dock.  None of the work initiated has been done and the permit is still open for year and a half.  The new owners opted to leave the order open in case they want to install a dock in the future.
Kathy made motion that a Certificate of Compliance be issued for #316, seconded by Scott  with all in favor.         

Anne called Mr. Gruber regarding MAP 211 Lot 118. They are planning on doing a septic but no one has been hired at this point.  The plans have not been followed and there has been clear cutting.  A silt fence has been installed to address erosion control. Ann believed that the trees that were labeled were meant to stay. Kathy would like to see them come before the commission without an Enforcement Order with a restoration plan. This should also include information on when trees can be put in.  Mountain Laurel has been removed but not yet replaced.  Ann proposes returning on the 19th with better erosion controls and returning in January with a 100% binding landscape plan.

Sherwood Forest – a call was received about an Enforcement Order concerning a private water supply well on Prince John. An Enforcement Order was issued by DEP to restore hydrology at the site. It was decided the hydrology at the site would be restored. The plan was not followed and they removed the culvert and now land was washed out.  A letter was sent to Sherwood Forest regarding the road washing out. They are concerned about a neighbor’s well. If they want to put culvert back in they would need a permit from Stormwater Standards which could be difficult to meet.  As a maintenance project there will be a leeway with the Commission to work with them to the best practical solution.   

Becket Motel wants to put a hot dog cart there over the summer.  They met with the Planning Board who requested a municipal impact statement with one of the requirements being confronting conservation.  They are outside of Conservation jurisdiction; there will be no digging or dredging, etc. and she is requesting a letter stating so to present to the Planning Board.

The Warren Kiersh property was reviewed by Kathy and Anne.  The plans given to the contractor were the wrong set. The work was followed precisely and the work done was less intrusive then the correct plan called for.  Anne intends to get a letter from an arborist that she can submit to the commission addressing the controversial stumps on the property and how this will be remedied.  

Scott made a motion to close the meeting; seconded by Marty, all in favor. The meeting was closed at 7:48

     Respectfully Submitted,

    Martie Martin, Recorder

Purr McEwen, Chair                                                                              Date

Scott Morley, Vice Chair                                                                       Date

Kathy Vsetecka, Commissioner/Agent                                                   Date

Bud Moylan, Commissioner                                                                   Date

Richard Pryor, Commissioner                                                            Date,

Marty Winters, Commissioner                                                               Date

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