Leverett Town Seal

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
Town Hall Fax: (413) 548-1035
Contact Us
  • Text size
  • A
  • A
  • A
Previous Meeting Next Meeting

Conservation Commission

Monday, January 13, 2020, 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: Andrew Young
  • Present: David Powicki, at 7:15 PM
  • Present: Isaiah Robison, Chair, at 7:15 PM
  • Present: Ralph Tiner, at 7:15 PM
  • Present: Jono Neiger, at 7:15 PM
  • Present: Barbara Kline, at 7:15 PM
  • Present: Joan Deely, at 7:15 PM

Also Present:

  • Ken Brownell
  • Peggy Carey
  • Chris Carlo-Bergweiler
  • Tom Gorman (2 Dudleyville Rd)
  • Rich Karsten
  • Carole King
  • Richard Nathhorst
  • Ruth West
  • Harry Wilson

See original Agenda Final Minutes

Meeting opened: 7:17 PM

Meeting closed: 8:51 PM

  1. Meeting Preliminaries

  2. Enforcement Order

    • 7:21pm: 2 Dudleyville Rd - Installation of storage container - Tom Gorman

      General Discussion...
      At the meeting on 12/9/19, the Commission voted to issue an Enforcement Order to require the removal of a shipping container from the Riverfront Area at 2 Dudleyville Rd on or before 12/17/19. As of tonight's meeting, the container is still on-site.
      Tom Gorman (landowner) stated that he has had trouble enlisting a contractor to remove the container due to adverse weather and the holiday season. The agent confirmed that Tom has been in contact about attempts to remove the container. Tom provided the contact information for Harold's Garage, which is to his knowledge the only local contractor with the equipment to remove the container. He said that they may be able to remove the container tomorrow or Wednesday this week if weather remains fair.
      Richard Nathhorst said that Eagle Leasing Company should also be capable of moving the container; he noted that he has seen containers delivered in 2' of snow. Richard will provide the company's details to Tom.
      Gail Berrigan asked if Tom is interested in re-opening the hearing for the after-the-fact Notice of Intent submitted for placement of the shipping container (DEP#200-0192). Tom is not interested in pursuing the NOI, or any other legal means of placing the container. He stated that he intends to remove the container from the property as soon as possible.
      Tom expressed frustration about the Commission's decision to issue the Enforcement Order due to insufficient information provided for the NOI. He said he contacted many engineers and professionals to draw up the plans requested at the NOI hearing on 11/4, but was unable to enlist any due to the limited time frame (one month) and winter season. Tom feels that the Commission set an unreasonable requirement, and that it has been overly influenced by input from the public. Gail Berrigan objected to this characterization, noting the Commission's responsibility to address an unauthorized activity in a resource area.
      Members of the public expressed frustration that the container has not been removed, despite the issuance of the Enforcement Order. Isaiah Robison explained that the Commission is working to bring Tom into compliance, but that the Commission can take the matter to court if the violation continues. On February 10, 2020, the appeal period for the Enforcement Order will lapse, and if no appeal has been made, the Commission will have better standing to request assistance from a judge. In the meantime, the agent will seek advice from Town Counsel. The Commission's preference is to achieve compliance without resorting to the courts.

  3. Administrative Matters

    • 7:44pm: Conservation Commission agent position

      General Discussion...
      Miho Connolly will be leaving the Conservation Commission agent position in mid-February, as she has been offered a full-time position elsewhere. Gail Berrigan has offered to step in for the interim to conduct the agent's responsibilities during the hiring process. The position has been posted on the Town's website and with the MA Association of Conservation Commissions.

    • 7:53pm: Culvert Replacement Municipal Assistance Grant Program Updates

      General Discussion...
      Tighe & Bond are currently working on the engineering plans for replacement of the culvert on Shutesbury Rd between Old Mountain Rd and Number Six Rd. The borings and site surveys have been completed.

    • 7:54pm: 168 Shutesbury Rd - Release Notification Retraction

      General Discussion...
      The Commission received a notification from MassDEP in October about a residential fuel oil release at 168 Shutesbury Rd. A release notification retraction was later issued on December 11, 2019, that noted that the amount of oil released into the environment was negligible and thus did not qualify as a reportable release.

    • 7:54pm: National Grid Utility Maintenance

      General Discussion...
      National Grid will be conducting insulator replacements along their power lines in 2020. This activity is exempt from the Wetlands Protection Act.

      1. NatlGridMaintenance2020.pdf

    • 7:55pm: Property Monitoring Reports

      General Discussion...
      Miho monitored Rattlesnake Hill CA with Eva Gibavic on 12/20; no violations were found. Miho and Eva monitored the Cave Hill property on 12/27 and found tire tracks at the northwest corner of the property, including on trails. The tracks may be of a truck, or a side by side ATV. No motorized vehicles are allowed on the property. The Commission discussed how to better enforce this policy, including physical barriers (felling trees, installing boulders, putting up gates or chains) and wildlife cameras at boundaries. Gail noted that other towns have small signs at property entrances that detail the town's policies for conservation areas. David Powicki will look into obtaining property markers that denote the conservation area boundaries.
      No issues were found at the Rattlesnake Hill or Stetson Adams properties.

  4. Violation

    • 8:08pm: Installation of portage trails at Old Coke Kiln Rd

      General Discussion...
      Portage trails of packed gravel (representing approximately 450 sqft of fill in Bordering Vegetated Wetlands and the Riverfront Area) have been installed along either side of the newly replaced bridge at Old Coke Kiln Rd. The Commission did not approve the installation of these trails, and they therefore constitute a violation of the Wetlands Protection Act.
      In May 2017, the Commission issued a negative Determination of Applicability for replacement of the decking of the bridge at Old Coke Kiln Rd. The plans included for the RDA did not include portage trails. The plans were prepared by McFarland-Johnson for the Leverett Highway Department, and C.D. Davenport were contracted for the project. It is unclear who is at fault for including the portage trails. Isaiah Robison will contact the Highway Department to ask for more information; if the responsible party becomes evident, a violation notice or Enforcement Order requiring corrective action will be sent.

  5. Old Business

    • 8:20pm: Operation & Maintenance plan for Leverett Pond dam (DEP#200-189) - Friends of Leverett Pond/Lenart Consulting Service/Salvini Associates

      General Discussion...
      Ralph Tiner left the meeting.
      The Special Conditions for the Order of Conditions issued for the rehabilitation of the Leverett Pond dam (DEP200-189) require the applicants to submit an operation and maintenance plan for the dam. The plan has not yet been received; the Friends of Leverett Pond have told the agent that their engineer is currently working on the plan.

    • 8:22pm: Monthly report - GZA GeoEnvironmental for Eversource Energy (DEP 200-0190)

      General Discussion...
      Per the special conditions described in the Order for conditions for DEP#200-0190, GZA GeoEnvironmental submitted a monthly report for work conducted by Eversource Energy between October 14 - November 14, 2019. The Order of Conditions permits work related to transmission structure replacement along Route 63.

    • 8:23pm: 23 Cider Mill Rd

      General Discussion...
      A new landowner at 23 Cider Mill Rd bought a home with water pooling beneath the foundation and had begun remediation work (digging and trenching) in the Buffer Zone without a permit from the Conservation Commission. The agent has been in contact with the landowner about preparing a Request for Determination of Applicability; the landowner will not continue work (except as needed for erosion control) until a permit has been issued by the Conservation Commission.

  6. New Business

    • 8:26pm: FRCOG Building Permits - 106 Cave Hill Rd (Neal Bannon for Peter Massa)

      General Discussion...
      No resource issues.

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

    • 8:27pm: Friends of Leverett Pond Annual Proposal

      General Discussion...
      Per the Order of Conditions for DEP#200-0166, the FLP is planning to submit their annual proposal for weed management for the Commission's February meeting.
      The FLP is also interested in seeking an extension for their weed management permit (200-0166), which is due to expire in October 2020. The Commission would like to discuss this with the FLP at their next meeting.

    • 8:40pm: Public Comments on Proposed Amendments to Wetlands Protection Act

      General Discussion...
      Gail Berrigan attended a public meeting regarding the MADEP's proposed amendments to the MA Wetlands Protection Act. She reported that the primary concern of attendees who represented Conservation Commissions was about the additional cost of sending Determinations of Applicability to the DEP via certified mail, especially given the inadequacy of the eDEP online platform. Gail also noted that the amendments propose to update the wetlands plant list used for delineations. According to the presenters, this should not affect wetlands boundary lines.

    • 8:46pm: FY2019 Draft Annual Report

      General Discussion...
      The agent distributed a draft annual report for FY2019 (July 1 2018 - June 30, 2019) for the Commission's review, and asked for any suggestions. The report must be submitted by March 1.

  8. 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 Friday, Feb 14, 2020