Conservation Commission

Monday, October 1, 2018, 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
  • 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: Jono Neiger, at 7:15 PM

Also Present:

  • Chug Holmes & Carl Gravina (Laurel Hill Property Owners' Association)
  • Jim Field (Friends of Leverett Pond)
  • Rick Enos (Terawatt Roofing)
  • Joe and Maureen Zak (166 Long Plain Rd)
  • Mat Munson & Ethan Dickinson (Leverett Highway Department)

See original Agenda Final Minutes

Meeting opened: 7:15 PM

Meeting closed: 9:03 PM

  1. Meeting Preliminaries

  2. Continuation of Public Hearing for Notice of Intent

    • 7:19pm: Chestnut Hill Brook Impoundment - Dredging and Installation of Dry Hydrant (200-0188) - Laurel Hill Property Owners' Association

      General Discussion...
      As a bidding contractor for this project, Isaiah Robison recused himself from the discussion. David Powicki assumed the position of acting Chair in his place.
      Chug Holmes contacted the Army Corps of Engineers' Springfield Office. He reported that ACE permitting is not necessary if machinery does not enter the stream, and if no sandbagging is necessary. Neither of these are proposed for this project.
      Chug explained that the stand pipe, which will stand 8' high and 8' across, will be attached the to the wooden part of the bridge. No excavation is proposed. The Fire Department will be responsible for maintenance of the stand pipe. The license agreement for the Town's use of the hydrant was waived as it does not appear to be standard procedure within Leverett.
      The Notice of Intent specifies that work will be conducted under low-flow conditions. The Commission suggested that the agent be appointed to confirm flow conditions before any work occurs.
      The Commission discussed whether the dredged material will need to be dewatered for transport along a private way. The Commission raised a concern about sediment from the dredged material traveling into resource areas . Isaiah Robison suggested that straw bales could be placed within the truck bed to minimize runoff of sediment-laden material during transport. However, work is proposed for at a time when water within the dredged material should be minimal.
      The Laurel Hill Property Owners' Association requests an ongoing condition that allows for continued dredging as maintenance of the fire pond.

      MOTION, moved by Jono Neiger, seconded by Laurie Brown: 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: David Powicki, Jono Neiger, Andrew Young, Isaiah Robison, Laurie Brown. Not Present: Ralph Tiner.

      Applicants will notify the Commission agent at least 48 hours before work commences. Agent will confirm the existence of 'low flow' conditions before work may begin. Applicants will transport dredged material in a way that minimizes the movement of sediment into resource areas.
      Ongoing Conditions:
      Annual dredging (as described in the NOI) is permitted as long as the pond continues to be maintained and used as a fire pond. Applicants must notify the Commission or its agent at least 48 hours prior to each dredging to confirm the presence of low-flow conditions.
      The ongoing conditions of the Order will be subject to review every five years. If the original provisions of this Order or its ongoing conditions are not met, the ongoing condition allowing for annual maintenance shall be considered void.

  3. Request for Certificate of Compliance

    • 7:42pm: DEP200-0187: Access Road to Dam - Friends of Leverett Pond

      General Discussion...
      The Commission received a Request for Certificate of Compliance from the Friends of Leverett Pond for work completed on ~200' of access road to the Leverett Pond Dam. Salvini Associates submitted a letter confirming that the work completed was 'substantially correct as shown on the design plans submitted with the Notice of Intent,' except for a modification of road surface material from gravel to a coarse mulch. Conditions of the Order (48hr notification, confirmation of erosion control seed mix variety) were met.
      A site visit was conducted with Stephen Salvini and Jim Field on September 15. The road appeared to be in good shape despite recent heavy rains and passage of heavy vehicles. Erosion control methods (straw wattle) were in place; there was not a need to apply an erosion control seed mix.

      MOTION, moved by David Powicki, seconded by Isaiah Robison: Issue a "Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed" .

      Pass: Aye: David Powicki, Jono Neiger, Andrew Young, Isaiah Robison, Laurie Brown. Not Present: Ralph Tiner.

  4. Public Inquiries

    • 7:48pm: 166 Long Plain Rd - Potential Solar Project - Rick Enos, Terawatt

      General Discussion...
      Rick Enos is working with Joseph and Maureen Zak to install a 3 megawatt solar development on their property at 166 Long Plain Rd. Rick brought initial plans to discuss the project with the Commission. The project is proposed on Bordering Land Subject to Flooding, which is crisscrossed by two streams which are presumed to be perennial. However, Rick has photos over four days in a consecutive 12 month period that show areas of dry stream bed. The agent suggested that Rick provide video documentation of a dry stream bed for the entire length of each stream to provide more compelling evidence. Joe added that he had constructed these streams several decades ago as drainage for his fields.
      The project includes the installation of solar panels on piles in what is currently used as farmland for hay production. The replacement of some bridges is under consideration. No cutting or pruning of surrounding forest is proposed.
      Rick is in contact with the MA Natural Heritage and Endangered Species program and is working on completing a Notice of Intent.

    • 8:27pm: Emergency Certification - Collapsed Culvert on Juggler Meadow Rd

      General Discussion...
      Mat Munson and Ethan Dickinson were present as representatives of the Leverett Highway Department.
      On Friday, 9/28, Isaiah Robison received a call from David Finn (the Leverett Highway Superintendent) that a culvert had collapsed on Juggler Meadow Rd near houses #78, 82, 83, and 85. Following a site visit, Isaiah issued an Emergency Certification. The agent also conducted a site visit earlier today while replacement work was ongoing.
      The culvert is being replaced with a 40' long, 60" diameter corrugated plastic pipe. It will be embedded in the soil and backfilled with gravel and native substrate. The headwalls will be rebuilt of stone. Road debris was removed from the stream.
      The collapsed culvert had been approximately 32" in diameter and was in poor condition.

      MOTION, moved by Isaiah Robison, seconded by Andrew Young: Ratify an Emergency Certification for the replacement of a collapsed culvert on Juggler Meadow Rd; subject to the following special conditions.

      Pass: Aye: David Powicki, Jono Neiger, Andrew Young, Isaiah Robison, Laurie Brown. Not Present: Ralph Tiner.

      Erosion and sedimentation controls (e.g. straw bales) shall be installed prior to heavy rain (as forecasted for the evening of 10/2).
      Commission must be notified when work is complete.
      Paved surface shall be restored within 30 days of completion of work.

  5. Administrative Matters

    • 8:57pm: OSRP Updates

      General Discussion...
      The September meeting of the Open Space and Recreation Plan Update subcommittee was canceled due to a lack of new revisions or additions. A meeting has been scheduled for Thursday, November 1 at 7:30pm.
      Patricia Smith and Evan Abramson of the Franklin Regional Council of Governments have begun working with the Town Assessor's office to compile a list of protected lands in Leverett for Section 5: Inventory of Lands of Conservation and Recreation Interest.

    • 8:57pm: Potential Commissioner Candidates

      General Discussion...
      No commissioner candidates attended this meeting. The Commission will continue to invite potential commissioners to attend.

    • 8:58pm: Fund Transfers from MA DCR

      General Discussion...
      After a number of phone calls, it was determined that the funds from the MA Department of Conservation and Recreation were for police details at Lake Wyola State Park, and were not related to the Conservation Commission.

    • 8:59pm: Gordon King Property Mowing

      General Discussion...
      The Highway Department has agreed to mow both ends of the field on the Gordon King property. Ethan Dickinson reported that the mowing has been completed.
      Laurie Brown reported that the blueberries are mostly gone from the bushes. The blueberries have raised $922.00 this year to date.

    • 9:00pm: View clearing at Rattlesnake Hill Conservation Area

      General Discussion...
      The Leverett Trails Committee completed a work day on the Rattlesnake Hill Conservation Area opening up the vista toward the Peace Pagoda . Hank Berry, an abutting landowner, has indicated an interest in continuing to widen the view along the cliffs and would like to fell some trees on the Town land abutting his property. The Commission does not object to the proposition and grants permission to do so.

  6. Old Business

    • 9:02pm: Forest Cutting Plans - Dudleyville Rd (John Edwards & Mitch Anderson for Richard Drury)

      General Discussion...
      MA DCR has issued a cutting permit for this plan.

    • 9:02pm: FRCOG Building Permits - 342 N Leverett Rd (Aaron Simms for Thomas Masterton)

      General Discussion...
      No resource issues.

  7. New Business

    • 9:03pm: MassDOT Millers Bridge Replacement Project

      General Discussion...
      The Commission has been contacted by Keith Lincoln of Chappell Engineering Associates, LLC about an upcoming project for MassDOT to replace the bridge at Millers Rd (off Shutesbury Rd). In order to access the road during bridge construction, they are proposing the installation of a detour access road through private property that will connect with January Rd. There are some wet areas along this route.
      A site visit will take place on Saturday, October 6 at 11:00AM.

  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 Tuesday, Nov 6, 2018