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Conservation Commission Minutes 9/16/10
                                                       Becket Conservation Commission

September 16, 2010

The Meeting is called to order at 6:30 PM.
Commissioners Present: Kathy Vsetecka, Commissioner and Agent; Bud Moylan; Marty Winters; Purr McEwen
Member absent: Scott Morley, Richard Pryor

Meeting Starting 6: 34

  • Approval of minutes of the August 19, 2010 meeting
         Motion to approve moved by Budd, seconded by Marty all approved.

  • Continued Notice of Intent John Todice Enchanted Cove  Map 215 lot 197
          DEP # 102-365 Construction of a house, septic system and associated
           Landscaping Title 5 Systems Plan, June 27, 2009 Peter Franz (amended plan?)

Valerie Bird (representing )showed a revision of the plans that were shown last month. The original house plan did not meet the setback for the Board of Health. It was too close to the closest flag and after some shifting, it is now 60 feet from the closest wetland flag. The silt fence (straw waddles) was extended all the way up the side.  It will be on a slab foundation and there is an existing shallow well, 30 feet off the bank, which they will be drilling by.??  The house is 24 by 30 with a 10 foot wide cantilever deck in front. It is a buffer zone project but all requirements are being met.  

Purr motioned to approve with the conditions that straw waddles be used and the amended plan (9/16/2010) be followed, seconded by Bud, all in favor.

  • Continued Notice of Intent  Becket Woods Road and Maintenance District
            Access Road  Map 407  DEP #102-366  Replacement of culvert  Becket Woods Access Road Letter September 15, 2010 response to comments from DEP Notice of Intent Narrative Site Plan for Access Road 5/18/2010

Mike Kulig, Berkshire Engineering representing.  A steel culvert is to be replaced with a reinforced, same sized, concrete pipe. There were comments by DEP a little different from the first set of comments.   The Access Road plans were not changed.  The bypass pumping is no longer proposed.  It will be a day’s worth of work.

Motion to approve made by Purr with Becket Standard Conditions, Marty seconded, all in favor.

4.      Continued Notice of Intent  Becket Woods Road and Maintenance District
Beech Tree Lane  Map 407  DEP #102-367  Becket Woods Beech Tree lane Notice of Intent Plan 6/20/2010 revised 9/15/2010 Letter September 14, 2010 Response to DEP Comments NOI Narrative

Mike Kulig, Berkshire Engineering provided another map.  There are currently four 12 inch plastic culverts with a large steel culvert below these which is no longer operable. That is the reason for the four plastic pipes above the steel one.  The plan is to take two of the plastic culverts out at a time, with two staying in place to handle any flow. They will put one new 30 inch plastic in then switch over and do the other set.  No bypass piping needed or involvement of the Army Corp.  DEP comments and responses are on record.   

Motion to approve made by Purr with Becket Standard Conditions, Budd seconded, all in favor.

5.      Continued Request for Determination of Applicability  John Van Leeuwen
        141 South Cove Drive  Map 211 lot 58  Construction of an accessory structure
        (garage)  Van Leeuwen Photos Plan Accessory Building

Applicant was not present.  A garage is to be constructed on the site.  This is a buffer zone project.  The community is concerned about the water wash out which is not conservation’s jurisdiction but more of the building inspector’s.  There is concern by the Commission that the washout will affect the wetlands and they would like more documentation.

Purr motioned to continue, seconded by Budd, all in favor.

6.      Request for Determination of Applicability  Donald Morrison 195 Old Pond Rd.
        Map 210 lot 40  Installation of dry wells; repair of lawn with geofabric and top
        soil; seeding    Morrison Plan Lawn Restoration 7/11/2010, David Bacon, contractor
 This is a brand new house that has a lawn that cannot be mowed because of water on the property.  David Bacon is proposing to put in a dry well 20 feet by 3 feet with four inches sand, 4 inches top soil and then plant fescue.  There is also another dry well and he is going to plant blueberries. There will be straw waddles.

Budd motioned to approve with Becket Standard Conditions, Purr seconded, all in favor.

7.      Notice of Intent  Lucy Ferriss  Map 219  Winter Drive/spillway to Excalibur Lake
DEP #102-368  Installation of a pond leveler a the spillway to Excalibur Lake Ferriss Narrative via email from Mike Callahan

A grant has been received from MA SPCA for the Pond Leveler for just the year 2010. Comments from DEP were read stating several issues.  Mike Callahan, Beaver Solutions provided a narrative with solutions to DEP comments which were read and considered incomplete.  The main concerns were lack of specifics such as the size of the culverts and pipes, how are they going to be maintained during and after the three years; the width and depth of the breach.  Also, not mentioned is how will it comply with the regulations.  There are several things missing from the current plan that needs to be submitted: 1) the plan for future maintenance needs to be in writing; 2) the size of the pipe has to be documented; 3) this cannot just be done at his convenience but when there are reasonable lower water levels; 4) A long-term maintenance plan for the three years and afterward will also be required.  Also, once the pipe is sitting on the bottom, how much area will be affected and how did he come to those conclusions.

Purr motioned to continue to the October 21 meeting with the approval of the applicant, Bud seconded, all in favor.

8.      Request for Extension of Order of Conditions  John P. Laczak  213 Trail Circle
        Map 214 lot 103  
The applicant did clear the lot and has repaired the erosion controls which are in great condition. He is requesting a 3 year extension.

Purr motioned to approve a 3 year extension, Kathy seconded, all in favor.

9.      Request for Determination of Applicability  Paul Cashman 95 Winter Drive
        Map 219 lot 86

Terrence Trapp, Director of Horitticulture, Webster Ingersoll representing.  They would like to do invasive species management on the upper part of the property.  They are proposing chemical control of phragmites which would be swiped not sprayed, thereby manually coating each one.  
Coltsfoot is along the driveway, a fairly large area which would be sprayed with wetland approved chemicals—Aquamaster and/or Rodeo.  The closest this area is to the wetland is about 105-110 feet, technically out of Conservation’s jurisdiction.  There is minimal Goutweed.    

Kathy motioned for an Negative Determination of Applicability because the work depicted on the plans is not subject to the Wetland Protection Act, Purr seconded, all in favor.

10.     Request for Certificate of Compliance  Michael Aptman (Altman)  76 Frederick Court (Leonhardt Rd.)  Map 203 Lot 18.4  (parenthesis denote what is on Order
        of Conditions)
                Purr motioned to approve a Certificate of Compliance, Bud seconded, all in approval.  

11.     Discussion  Enforcement Order  Scott Pinkus Tyringham Road  Wetlands Sketch Plans, 9/13/2010

               Mark Volk, Foresight Land Services, representing .  A map was shown outlining the wetland resources on the property. There are two tributaries of sShale bBrook that run through the property. There is an existing old logging road.  Also outlined on the map was the riverfront area. There is not a lot of vegetation on the Wwood’s roads.  There are at-grade stream crossings on the property .  In trying to improve the lot, chips were laid which created tracking on the lot and rutted on both sides of Wthe wood’s Rroad. A foot bridge has been installed and stones placed in the stream bed to protect the stream bed.  Wood chips were placed on the existing dirt road.  Six inch cedar logs were laid across the roads with some slabs with fabric on top and chips on top of that.   Most of the ruts created by machinery will be stepped or raked in to replicate what was there beforehand.   Stones introduced into the stream will be removed.   A water bar will be placed for the diversion of water prior to the BVW.  The rut that was left will be filled with 4-6 inch cedar logs and then filled over with chips. The foot bridge will also be removed.  The other proposal is erosion control fencing. (Actually, one is Shale Brook)

             Purr motioned to approve the restoration plan with the conditions that all work be done by hand and upon completion Foresight does an inspection confirming that work was done according to the plan, Bud seconded, all in favor.  

12.     Other
              Christopher Shannon, 216/150  132 Nottingham Court.  DEP# 102-363 Scott Pinkus, Berkshire Hill Properties regarding restoration on Tyringham Road. Christina Michael

Applicants wanted to discuss updated plans for the order of conditions they have.  There were changes to the plans showing that everything is being pulled back from the wetlands. The sunroom was redesigned to have it pulled back onto the existing foundation.  The deck will be continued as a walkway but with less encroachment.

Purr suggests that an amended order not be requested considering the minimized encroachment. All are in agreement.

13.     Administrative business

  • Ken Wagner will be putting in for an extension for a yearly drawdown for Indian Lakes. He wants a site visit to be done the week of Oct 12.
  • The Commission does not have a consultant and Emily Stockman will do it under a special employee status.  An approval will be needed by the Selectmen.  
               Purr motioned to close, seconded by Budd, all in favor.  Meeting closed 8:00p.m.

Scott Morley, Chair Date

Richard Pryor, Vice Chair Date

Kathy Vsetecka, Commissioner/Agent Date

Bud Moylan, Commissioner Date

Purr McEwen, Commissioner Date

Marty Winters, Commissioner Date

Respectfully Submitted,  
Martie Martin

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