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Massachusetts

Leverett

Town of Leverett
9 Montague Road
Leverett, MA 01054
Town Clerk: (413) 548-9150
Tax Collector: (413) 548-9666
Assessor: (413) 548-4945
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Conservation Commission

Monday, September 11, 2017, 7:15 pm until 9:00 pm
9 Montague Rd., Leverett Town Hall
A meeting of the Conservation Commission

Meeting of Conservation Commission

Members: (Quorum)

  • Present: Andrew Young, at 7:15 PM
  • Present: David Powicki, at 7:15 PM
  • Present: Isaiah Robison, Chair, at 7:15 PM
  • Present: Laurie Brown, at 7:15 PM
  • Present: Ralph Tiner, at 7:15 PM
  • Present: Jono Neiger, at 7:15 PM
  • Present: Maggie Kraus, at 7:15 PM

Also Present:

  • Josh Wilson (Fuss & O'Neill) & Chris Fox (Eversource Energy)
  • Mitch Mulholland & Tom Hankinson (Friends of Leverett Pond)
  • Chris Carolla (for 15 Chestnut Hill Rd)
  • Abutter to 15 Chestnut Hill Rd
  • Richard Hankinson
  • Pat Fiero & Chug Holmes (Laurel Hill Property Owners' Association)

See original Agenda Final Minutes

Meeting opened: 7:15 PM

Meeting closed: 9:42 PM

  1. Meeting Preliminaries

  2. Public Meeting: Request for Determination of Applicability

    • 7:19pm: Paul C Jones Working Forest - Access Road, Gravel Pad, and Matting Work - Josh Wilson (Fuss & O'Neill) for Eversource Energy

      General Discussion...
      Eversource Energy wishes to conduct work associated with transmission structure replacement along Line 354 in Leverett, which spans the Paul C. Jones Working Forest between N. Leverett Rd and Shutesbury Rd. They propose to install a new gravel access road in the buffer zone and Riverfront Areas. This new access road will functionally replace a degraded and unmaintained access road that may be considered an intermittent stream (under consideration by MassDEP and USACE). For the purposes of this filing, this stream is considered a resource area.
      Work proposed also includes use of construction matting in the Riverfront area for temporary access to structures that require replacement, as well as the construction of a permanent gravel work pad in the buffer zone.
      Temporary clear spans will be used for stream bed crossings. Construction matting will be in place for about 4 - 6 weeks. Josh Wilson and Chris Fox attested that construction matting leaves minimal impact on wetland vegetation, and assured that a professional wetlands scientist will be monitoring the work and its aftermath. Work is slated to be completed in fall 2017.
      The Commission inquired about the possibility of moving structures further from wetland areas, or discontinuing the use of structures in wetland areas, but these could not be addressed at this time.

      MOTION, moved by Isaiah Robison, seconded by Ralph Tiner: Issue a Negative 3 Determination for construction of a permanent access road and gravel work pad: "The work described in the Request is within the Buffer Zone ... but will not alter an Area subject to protection under the Act" and a Negative 2 determination for use of construction mats in the Riverfront Area: "The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area".

      Pass: Aye: Laurie Brown, Maggie Kraus, Isaiah Robison, Jono Neiger, Andrew Young, David Powicki, Ralph Tiner.

      Said work does not require the filing of a Notice of Intent, subject to the following condition:
      - The Conservation Commission will be notified 48 hrs before work commences.

      1. Leverett_RDA_and_attachments_Eversource_Line_354_082417.pdf

  3. Public Inquiry

    • 7:41pm: 92 Amherst Rd - Dick Hankinson

      General Discussion...
      In November 2016, Dick Hankinson sought and received permission from the Conservation Commission to cross through Town land (Ruth McIntire conservation area) in order to conduct forestry (under an approved Forest Cutting Plan) in the western portion of his property, which is otherwise inaccessible. He has a historical Right-of-Way that passes through the McIntire property.
      Now that the harvest is complete, Dick has discovered that his right-of-way has been left in an impassable state by the loggers. His forester has refused to call back the loggers. Since the unnavigable portions are on Town land, Dick has come to the Commission to ask what can be done for his road.
      The Commission agreed to visit the road and assess the damage.

  4. Public Hearing: Notices of Intent

    • 7:56pm: 0200-0166 Permit Extension: Aquatic Weed Management in Leverett Pond - Friends of Leverett Pond

      General Discussion...
      The Friends of Leverett Pond request an extension to DEP Permit #0200-0166, which allows invasive plant management in Leverett Pond. Management includes use of mechanical means of removal (including raking, hydroraking, benthic barriers, and potentially SCUBA), as well as herbicides (including triclopyr, 2,4-D, Diquat dibromide) that are approved by the DEP. The previous permit was issued in October 2010. The conditions from the original Order have been satisfactorily met.
      The Commission expressed concern about the use of herbicides, especially 2,4-D, in public waters. The FLP agreed that they would prefer to use as little herbicide as possible, but stressed that invasive plant populations could not be effectively controlled by mechanical methods alone. Applications are dilute enough to be below toxic levels, and herbicide levels are below detectable limits in post-treatment samples. The FLP is compliant with state laws in obtaining the proper licenses for herbicide and 2,4-D applications.
      Maggie suggested that the FLP engage in more rigorous quantification of the effects of herbicides (vs mechanical removal methods) in order to better substantiate the need for herbicide use. The FLP agreed to conduct plant counts before and after treatment.

      MOTION, moved by Isaiah Robison, seconded by Ralph Tiner: Approve the extension of the Order of Conditions issued for DEP # 0200-0166 until October 4, 2020. .

      Pass: Aye: Laurie Brown, Maggie Kraus, Isaiah Robison, Andrew Young, David Powicki, Ralph Tiner. Abstain: Jono Neiger.

      1. OOC_Extension_-_FLP.pdf

    • 8:56pm: 15 Chestnut Hill Rd - Landscaping, Stone Wall Repair and Extension - Chris Carolla for Eric Mabius

      General Discussion...
      As contractor for this project, Andrew Young recused himself from the discussion.
      Chris proposes to rebuild and extend a stone wall along Chestnut Hill Brook (a Cold Water Fisheries Resource), as well as remove several trees and reroute a stone walkway in the Riverfront Area. The original NOI includes plans for regrading a landscaped garden area, but this has been removed from the scope of the Notice.
      The Commission accepted the new mitigation area closer to the brook, as well as the removal of the woodshed, as more than sufficient mitigation. The applicant will submit a mitigation plan for the area from a wetlands consultant.

      MOTION, moved by Isaiah Robison, seconded by David Powicki: Approve the project as submitted in the Notice of Intent, subject to the General Conditions detailed in the Order of Conditions and the following specific conditions.

      Pass: Aye: Laurie Brown, Maggie Kraus, Isaiah Robison, Jono Neiger, David Powicki, Ralph Tiner. Abstain: Andrew Young.

      Work will be executed as depicted in the plan as revised on 9/11/17.
      The applicant will submit a mitigation plan from a wetlands consultant for the riverfront mitigation area and for the footprint of the woodshed. The plan will include the planting of native shrubs to prohibit mowing, and will also describe how the areas will be delineated.
      The Conservation Commission Agent will be notified at least 48 hours before work commences.

  5. Public Inquiry

    • 9:06pm: Laurel Hill Pond Dredging - Pat Fiero & Chug Holmes (Laurel Hill Property Owners' Association)

      General Discussion...
      The Laurel Hill Property Owners' Association would like to learn more about the permitting process for dredging a small pond at the entrance of Laurel Hill Rd. An OOC was issued in 2000 (#200-0128) for the same purpose (which was then completed) but the Order has since expired. Jurisdictionally, the small pond is considered an impoundment on a perennial stream.
      The agent will provide advice on filing a Notice of Intent for this project.

  6. Administrative Matters

    • 9:20pm: OSRP Third Meeting - Wednesday, 9/27 @ 7:30PM

    • 9:21pm: Gordon King property

      General Discussion...
      $219.00 of revenue from blueberry sales was deposited into the Gordon King Memorial Blueberry Fund.
      The blueberries do not produce enough revenue to pay for an annual mowing by a private contractor. The Commission discussed mowing once every two years, or to mow one-half of the property at a time.
      Since the Highway Department also mows Town land elsewhere in Leverett, the agent will ask if they will also mow the Gordon King property.

  7. Old Business

    • 9:26pm: FRCOG Permits - 194 Long Plain Rd: Thomas Torrico for Mt Toby Meeting of Friends, 14 N Leverett Rd: Oxbow Design Build for Mark Lane Davies, 16 Lawton Rd: Integrity Development and Construction for Steven Morgan, 147 Long Plain Rd: Dennis and Sandra Fitzpatrick, 35 Lead Mine Rd: Donald Teagno for Dan Williams, 213 Pratt Corner Road: Elizabeth Scheffey, 121 Shutesbury Rd: Phillip Crafts

      General Discussion...
      No resource issues.

    • 9:28pm: Forest Cutting Plans - Pratts Corner (Michael Mauri for Scheffey Siblings)

    • 9:29pm: 257 Montague Rd - Updates

      General Discussion...
      The septic system must be enlarged for the project at 257 Montague Rd. Construction of a new septic system was not covered under the Order of Conditions issued for DEP#200-0183. The original septic system was designed for a two-bedroom house, while the new house will have three bedrooms.
      Plans for the septic were not submitted in time to be discussed at a public hearing at this meeting. The Commission will set up a date during September to discuss and review the changes to the project, which may be considered to include additional impacts to the resource area.

  8. New Business

    • 9:33pm: 106 Jackson Hill Rd - Property Master Plan Meeting

      General Discussion...
      Adam Bauer is formulating a master plan for his property as a religious/educational/environmental retreat center. He has invited the Commission to walk his property with himself and his landscape architect on Friday, 9/15 at 3pm.

    • 9:37pm: Eversource Maintenance Notification

      General Discussion...
      Eversource issued a notice that they will be installing lightning arresters and rehabilitating existing road in their Right-of-Way along Long Plain Rd, near the Sunderland border. Although they will be working within 100' of a wetland resource area, their work is exempt from WPA regulation.

      1. EversourceMaintenanceNotif.pdf - Along Long Plain Rd

    • 9:38pm: 7 Dudleyville Rd - Patrick Sullivan

      General Discussion...
      Patrick is planning to submit a proposal to rebuild a house in the riverfront at 7 Dudleyville Rd. Plans have not been submitted yet, but Patrick would like to have an approval during September so that he can close on the property by October 1. The Commission will ask if he could wait until the October 2 meeting instead, to allow for a thorough discussion of the project.

  9. Meeting Wrap-up

The listing of matters is those reasonably anticipated by the Chair which may be discussed at the meeting. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law.

Minutes prepared by Miho Connolly, Conservation Commission Agent

Minutes approved on Monday, Oct 2, 2017