Conservation Commission

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Monday, October 7, 2019, 7:15 pm until 9:00 pm
First Floor, Town Hall, 9 Montague Rd
A meeting of the Conservation Commission

Meeting of Conservation Commission

Members: (Quorum)

• Absent: Ralph Tiner
• Absent: Jono Neiger
• Present: Andrew Young, at 7:15 PM
• Present: David Powicki, at 7:15 PM
• Present: Isaiah Robison, Chair, at 7:15 PM
• Present: Barbara Kline, at 7:15 PM
• Present: Joan Deely, at 7:15 PM

Also Present:

• Simon Hildt & David Askew (Eversource Energy)
• Macaylla Silver
• Tom Hankinson
• Mitch Mulholland
• Bob Hopley
• Jim Field (Friends of Leverett Pond)
• Denzel Hankinson
• Richard Nathhorst
• Ken Brownell
• Eva Gibavic
• Bill Cooksy
• Patricia Duffy
• Matt Boucher (Highway Department)

See original Agenda Final Minutes

Meeting opened: 7:18 PM

Meeting closed: 9:38 PM

0. Meeting Preliminaries

   • Meeting Opened / Attendance Taken (see above).

   • Minutes Approved: Mon, Sep 9 - Conservation Commission

1. Public Hearings for Notices of Intent

   • 7:18pm: Public Hearing for Notice of Intent - Construction of temporary work pad at Line 354 Structure 34107 (Fuss & O'Neill for Eversource Energy)

     General Discussion...
     Simon Hildt and David Askew were present to represent Eversource Energy. Eversource proposes to conduct temporary grading work in the Riverfront Area of a tributary to Roaring Brook in order to create a stable surface for transmission structure replacement. Approximately 12,500 sqft of the RFA will be graded to allow for the placement of construction matting; after work is complete, the site will be regraded to its original condition.
     Comments from the MA DEP suggested that the work be considered a Riverfront Redevelopment project under 10.58(5). Simon contended that the work should be considered new work within the Riverfront Area, as only the footprint of the transmission line structure should be considered 'degraded' area.
     DEP also asked for more information regarding the stream crossing, and whether additional Army Corps permitting is necessary. Simon explained that the crossing will not involve work within the stream bed or impacts to banks, and therefore a PCN is unnecessary.
     Isaiah Robison suggested that it may be less impactful for the grading to be made permanent, so that future maintenance work (and placement of construction mats) would not require further earthwork in the Riverfront Area. Simon explained that most future maintenance work will not involve such an extensive work surface, and generally can be achieved with less intrusive machinery. An alteration to the Notice would require further information on the part of the applicant.
     Eva Gibavic (Leverett Historical Commission) asked whether any evidence of a historic mill was present at the site. Gail Berrigan and Miho Connolly noted that they did not notice anything suggestive of an old mill in the proposed area during the site visit. Simon noted that the work was reviewed by an archaeological consultant in order to satisfy permitting requirements for the US Army Corps of Engineers. It was noted that work would not begin until the Order is formally issued and recorded after the public hearing.
     The Commission expressed interest in requiring restoration of a perennial stream crossing as a condition of the Order. Riprap was installed as part of a hard bottom crossing in the utility road circa 2009; use of hard bottom crossings was considered a Best Management Practice at the time. Eversource is willing to do this work, but would prefer that the utility work be allowed to proceed first, before the ground freezes.

     MOTION, moved by David Powicki, seconded by Joan Deely: 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: Andrew Young, Barbara Kline, Isaiah Robison, David Powicki, Joan Deely. Not Present: Jono Neiger, Ralph Tiner.

     SC #1. APPLICANT SHALL SUBMIT A PLAN FOR RESTORATION OF THE STREAM CROSSING NEAR STR 34107 BEFORE COMMENCING WORK ON THE PROJECT. THE PLAN SHALL INCLUDE REMOVAL OF THE HARD BOTTOM CROSSING AND RESTORATION OF A NATURAL STREAM BED OF APPROPRIATE WIDTH AND SLOPE. THE PLAN IS SUBJECT TO COMMISSION REVIEW AND APPROVAL. WORK ASSOCIATED WITH STREAM RESTORATION SHALL BE COMPLETED WITHIN ONE YEAR OF THE DATE OF ISSUANCE, AND NOTICE SHALL BE GIVEN TO THE CONSERVATION COMMISSION WHEN WORK HAS BEEN SATISFACTORILY COMPLETED.
     SC#2. THE COMMISSION SHALL BE NOTIFIED 48 HOURS BEFORE WORK COMMENCES.

   • 7:58pm: Public hearing for Notice of Intent - 2 Dudleyville Rd - Installation of storage container (Tom Gorman)

     General Discussion...
     Tom Gorman has placed a storage container in the Riverfront Area. At the last meeting, the Conservation Commission asked him to submit an after-the-fact Notice of Intent so that the project may be properly reviewed for impacts. The NOI submitted includes a proposed new location for the storage container, as well as a fence around the property. The property is entirely within the Riverfront Area. The storage container does not appear to be within Bordering Land Subject to Flooding.
     Tom Gorman was not present at the meeting. DEP has not issued a file number for the Notice, as the applicant has not provided sufficient proof that abutters have been duly notified. Thus, the Commission cannot close the hearing tonight.
     At the site visit, it was determined that no trees were cut within 25' of a stream. Tom noted that he intends to place the storage container on footings that would raise the structure from the ground. This is likely to be an improvement, as it will minimize soil compaction and allow for water and wildlife to pass under the structure. Fencing is generally considered to be an exempt minor activity, provided that it does not inhibit the free movement of wildlife.
     In order for the project to be permitted, it would need to be considered a Riverfront Redevelopment project, which requires an improvement in the resource area. It was suggested that a portion of an old dump site on the property could be cleaned up, with an emphasis on the area closest to the river. Joan Deely noted that the work would need to be conditioned so that the bank does not become destabilized due to removal of material. Replanting may be required.

     MOTION, moved by David Powicki, seconded by Isaiah Robison: To continue the hearing until November 4.

     Pass: Aye: Andrew Young, Barbara Kline, Isaiah Robison, David Powicki, Joan Deely. Not Present: Jono Neiger, Ralph Tiner.

     The applicant will be asked to provide the following information:
     - A description of the proposed fence and a narrative describing the installation process.
     - A description of the proposed footings for the shipping container
     - A narrative describing the process involved in relocating the shipping container

2. Public Inquiries

   • 8:16pm: Herbicide treatments on Leverett Pond (Macaylla Silver; Friends of Leverett Pond)

     General Discussion...
     Macaylla Silver has brought a complaint to the Commission that application of the new herbicide ProcellaCOR (florpyrauxifen-benzyl) in Leverett Pond (as authorized under DEP#200-0166 and related permits) may have caused die off of non-target native plant species; specifically, white and yellow water lilies. DEP#200-0166 authorizes the Friends of Leverett Pond to conduct nuisance aquatic plant management techniques to control invasive species such as eurasian water milfoil and curly leaf pondweed. Macaylla is concerned about what he perceives as a drastic increase in the number of floating masses of dead vegetative material, primarily water lilies. Macaylla has worked near the pond for several decades, and has experience propagating and growing water lilies. He has visited several ponds and lakes in the area, and has not seen similar rates of lilypad die-off. He is concerned about the dangers of ProcellaCOR, and the use of herbicides in the pond.
     Jim Field (Friends of Leverett Pond) noted that he has lived on Leverett Pond since 1953, and contended that the floating mats of dead vegetative material are an annual and normal occurrence, though they may vary somewhat in number year to year. He referenced an active program in the 1960s - 70s to rake up and remove the floating vegetative mats.
     Mitch Mulholland (FLP) contended that ProcellaCOR cannot be related to the floating root mats, as the dosage applied (3ppb) is not enough to kill water lilies (20ppb, with an additional additive). He also noted that some floating islands are located 500' away from application sites. Mitch explained that the floating vegetative mats are formed by detritus that has sunk to the lake bottom. Methane buildup in the summer months lift the detritus toward the water surface, which is seasonally lower. Living roots of lily pads, if dislodged from the soil, die because they are too close to the surface. Mitch contended that some floating mats have been around for decades, and provide valuable habitat. He also surmised that drawdown of the lake (and farming) in the late 1800s to early 1900s may have contributed to an increase in the organic material in the pond.
     Isaiah suggested that the discussion be continued to the next meeting, when Ralph Tiner could be present to provide his expertise. Macaylla and the Friends of Leverett Pond agreed to continue the discussion at the meeting on November 4.
     
     

2. Public Meeting for Request for Determination of Applicability

   • 8:39pm: Public Meeting for Request for Determination of Applicability - 42 Cushman Rd - Construction of carport (Mike Williams)

     General Discussion...
     David Powicki left the meeting.
     Mike Williams proposes to build a carport within his driveway in the Riverfront Area. The carport is an open-sided structure, and would be supported by pre-cast concrete footings dug into the earth. The existing driveway is hard-packed gravel.
     At the site visit, Joan Deely noticed two Japanese knotweed plants on the project site, and suggested that removal of this small population would help prevent the establishment of knotweed on the site and downstream. Gail Berrigan also noted that the gravel driveway experienced significant erosion into the surrounding wetland, and suggested that native shrubs be planted along the driveway edge.

     MOTION, moved by Isaiah Robison, seconded by Andrew Young: Issue a Negative 2 Determination for work 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: Andrew Young, Barbara Kline, Isaiah Robison, Joan Deely. Not Present: Jono Neiger, David Powicki, Ralph Tiner.

     Said work does not require the filing of a Notice of Intent, subject to the following conditions:
     SC#1. Applicant will remove two Japanese knotweed plants from the streambank. Removal to be conducted so that the integrity of the bank is maintained.
     a. Removal of knotweed is subject to review and approval by MA NHESP.
     b. Commission to review the site after two growing seasons to confirm that the knotweed has been removed, OR that the applicant is continuing to make a good-faith effort to remove knotweed from the site.
     c. Commission to review the site every two growing seasons until evidence is provided that two knotweed plants have been successfully removed.
     
     SC#2. Applicant will plant at least eight native shrubs (2gal pots or larger, or plants pf equivalent size) along the length of the downstream side of the driveway to minimize driveway erosion.
     a. The Commission will confirm that eight plants are established after two growing seasons.
     b. Native shrubs to be considered include, but are not limited to: spicebush (Lindera benzoin), winterberry holly (Ilex verticillata), black elderberry (Sambucus nigra ssp. canadensis), red elderberry (Sambucus racemosa), pepperbush (Clethra alnifolia), button bush (Cephalanthus occidentalis), silky dogwood (Swida amomum), red osier dogwood (Swida sericea), arrow wood viburnum (Viburnum dentatum).
     c. Species must be listed as a native species in The Vascular Plants of Massachusetts: A County Checklist
     
     SC#3. Work is subject to monitoring and approval by the Conservation Commission or its agent. A Conservation Commissioner, agent of the Commission or the Department of Environmental Protection reserves the right to enter and inspect the property at all reasonable times, until work is satisfactorily completed and site is stabilized.
     
     SC#4. The Commission shall be notified at least 48 hours before work is scheduled to begin.

3. Emergency Certification

   • 8:58pm: Breach of Beaver Dam - North Leverett Rd, at intersection with Red Brook

     General Discussion...
     The Commission received a request for an Emergency Certification from the Highway Department to remove a beaver dam that had blocked a culvert where Red Brook flows under North Leverett Rd. The Emergency Certification was issued on 9/30 and work was completed by 10/3.
     

     MOTION, moved by Isaiah Robison, seconded by Andrew Young: To ratify the Emergency Certification issued for the removal of a beaver dam where Red Brook flows under North Leverett Rd. .

     Pass: Aye: Andrew Young, Barbara Kline, Isaiah Robison, David Powicki, Joan Deely. Not Present: Jono Neiger, Ralph Tiner.

4. Administrative Matters

   • 9:04pm: Lot 3 Cave Hill Rd (Phil Hirsch)

     General Discussion...
     The Commission has been contacted by Phil Hirsch, who intends to purchase and build a single family home at Lot 3, Cave Hill Rd (a portion of parcel 3-0-50). The property was formerly in the Chapter 61 current use program.
     Phil has had Wendell Wetland Services delineate wetlands on the property, and has marked out his construction plans in the field with flagging tape. The proposed work for the house is located outside of the Riverfront Area; however, he may be interested in removing a number of trees in the RFA that may threaten his home.

   • 9:06pm: Agricultural License - Gordon King property

     General Discussion...
     The agricultural license has been rewritten to remove the requirement for a license fee. Instead, the Commission will ask the licensee to donate $100 to the Gordon King Memorial Blueberry Gift Fund, which is an account exclusively for the maintenance of the Gordon King property.
     The licensee, Linda Enerson (Ox & Robin) has agreed to this arrangement.

     MOTION, moved by Joan Deely, seconded by Isaiah Robison: To render the agricultural license signed on August 12, 2019 null and void, and to approve and sign a modified version of the agricultural license dated for October 7.

     Pass: Aye: Andrew Young, Barbara Kline, Isaiah Robison, David Powicki, Joan Deely. Not Present: Jono Neiger, Ralph Tiner.

   • 9:06pm: Newly Certified Vernal Pools

     General Discussion...
     Two vernal pools were newly certified by the MA Natural Heritage Program. They are both located by Stoddard Hill on property owned by the Commonwealth of MA.

   • 9:08pm: Sponsorship of Educational program - John Root

     General Discussion...
     John Root, a naturalist and educator in Amherst, has asked the Commission to endorse him for a Leverett Cultural Council grant to offer a program entitled "Attracting Birds, Butterflies, Bees, and Other Beneficials" in the spring. The program focuses on ways for homeowners to provide better habitat for native wildlife, and reduce the use of herbicides and pesticides. John has offered this program in neighboring communities, where it has been positively received. Endorsement does not require any financial or other responsibility on the part of the Commission.
     The Commission agreed to endorse John Root's application to the Cultural Council grant, and will provide a letter of support.

   • 9:11pm: Culvert Replacement Municipal Assistance Grant Program

     General Discussion...
     The Town has completed the contract form with the state, and has received a Notice to Proceed on work related to the grant. The agent, interim highway superintendent, and Town administrator met with MADER Grant Coordinator Carrie Banks for a kick-off meeting on 9/30. The next step is for the Town to contract with a firm to execute the engineering and design work. The agent will contact Tighe & Bond, as they offered the most competitive pricing for the job, and have ample experience in culvert replacement projects.

5. Old Business

   • 9:12pm: FRCOG Building Permits - 24 Juggler Meadow Rd (Randall Roberts for Anthony Serio), 76 Cushman Rd (Brian Frank for Phetney Cleveland), 22 Depot Rd (Robert Sieruta)

     General Discussion...
     No resource issues for 24 Juggler Meadow Rd, 76 Cushman Rd. Isaiah will review 22 Depot Rd and 31 Teawaddle Hill Rd.

   • 9:14pm: Forest Cutting Plans - 93 Hemenway (Timothy Hill forGreg & Jacqueline Howard) - Amendment 1 (9/19) approved by DCR; Dudleyville Rd, Brushy Mountain-Northeast lot (Jacob Macko & Jake Doody for W.D. Cowls, Inc) - approved by DCR

   • 9:14pm: Work at Leverett Pond dam (DEP 200-0189)

     General Discussion...
     During construction of the new dam, the majority of water entering the work site (through fissures in bedrock) has been diverted back to the Pond (through a sediment catch). One pump in the worksite had been periodically sending water downstream. The stream is presumed perennial, though has been known to dry up in the summer.
     Jim Field (Friends of Leverett Pond) is concerned about the low water level in Leverett Pond, and would like for all water from the coffer dam (which the agent asked to be partially diverted downstream) could be returned back to the pond.
     No change in the current configuration is proposed, as most water is still being returned to the pond, and only some water sent downstream.
     

   • 9:15pm: Beaver problems at 42 Shutesbury Rd

     General Discussion...
     In August, the Commission issued an Emergency Certification to breach a beaver dam that caused rising water to contaminate a shallow well at 42 Shutesbury Rd. The homeowner would like for the Town to take action to prevent beaver activity, since the Town owns a parcel of conservation land downstream. The Highway Superintendent has noted that the culvert located downstream of the dam site is due for replacement soon.
     The agent suggested that the Town hire an expert contractor (e.g. Beaver Solutions) to conduct a site assessment and offer any suggestions to the Town or the landowner.
     Isaiah suggested that the homeowner be made aware of the Franklin County Housing and Redevelopment Program, which may be able to provide financial assistance to install a deep well away from the threat of rising water.

     MOTION, moved by Isaiah Robison, seconded by Joan Deely: To authorize funding to hire Beaver Solutions (or an equivalent contractor) to conduct a site assessment at the dam site near 42 Shutesbury Rd.

     Pass: Aye: Andrew Young, Barbara Kline, Isaiah Robison, David Powicki, Joan Deely. Not Present: Jono Neiger, Ralph Tiner.

6. New Business

7. Other New Business not considered as of the date of this notice

   • 9:20pm: Tick awareness signs for trailheads

     General Discussion...
     John Hillman of the Board of Health has offered to provide the Commission with free tick awareness signs from the UMass Laboratory of Medical Zoology. These signs will be placed at trailheads on conservation property.

   • 9:24pm: Old Coke Kiln Road Bridge Rehabilitation

     General Discussion...
     Work (authorized under a Determination of Applicability on 5/5/2017) is scheduled to begin within the next couple of weeks.

   • 9:25pm: Possible Encroachment on Holmes Conservation Area

     General Discussion...
     The Commission has been contacted by a resident who is concerned that new abutters to the Holmes Conservation Area on Putney Rd have erected a gate that may be cutting off part of Town-owned conservation land. The agent will investigate where the property boundaries lie in reference to the new gate.
     The Commission considered uses for the small conservation parcel, including as parking for pond access. It may be useful to have the property surveyed.

   • 9:34pm: Growing chestnuts on Town land

     General Discussion...
     Jono Neiger has expressed an interest in obtaining an agricultural license to grow chestnuts on Town-owned property. He currently has a chestnut farm in Sunderland, MA and is interested in supporting sustainable means of local food production. The agent will continue to discuss the issue with him and explore options.

   • 9:37pm: Mowing on Gordon King property

     General Discussion...
     The Highway Department has completed mowing the northern end of the Gordon King property. Rocky Adriance will mow the southern end within the next few weeks, and submit an invoice to the Town.

8. Meeting Wrap-up

   • Next Meetings:
     1. Mon, Nov 4, at 7:15 PM "Conservation Commission" -- First Floor, Town Hall, 9 Montague Rd
     2. Mon, Dec 2, at 7:15 PM "Conservation Commission" -- CANCELLED -- First Floor, Town Hall, 9 Montague Rd
     3. Mon, Dec 9, at 7:15 PM "Conservation Commission" -- First Floor, Town Hall, 9 Montague Rd
     4. Mon, Jan 13, at 7:15 PM "Conservation Commission" -- First Floor, Town Hall, 9 Montague Rd
     5. Mon, Feb 10, at 7:15 PM "Conservation Commission" -- First Floor, Town Hall, 9 Montague Rd
     6. Mon, Mar 9, at 7:15 PM "Conservation Commission" -- First Floor, Town Hall, 9 Montague Rd

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, Nov 11, 2019