Conservation Commission Meeting Minutes 10/2/23
MINUTES
PUBLIC HEARING/MEETING
Meeting Date: October 2, 2023 Meeting Time: 6:00 PM
Meeting Place: 435 Main Rd., Monterey Town Office. Conference Room
Members Present: Mark Little, Noel Wicke, Kevin Moody, Agent K. Wetherell
Meeting Opened: 6:00 PM
HEARINGS AND MEETINGS:
Continued:
WPA NOI, DEP #230-0345, 36 Elephant Rock, Map 105, Lot 033, submitted by Sloan for the proposed addition to a single-family home and associated site work within the buffer zone of Lake Garfield
Tyler Weld, representing the property owners briefed the members on the proposed project. The continuance was requested because abutters were not notified at the last meeting. All abutters have now been properly notified. SK Design Group is currently completing engineer plans. The proposed project requires an oak tree to be removed in the buffer zone, construction of an addition to a single-family home and associated site work. ML questioned the need for engineer plans prior to approval. Ms. Weld stated that she is requesting approval with a condition that engineer plans would follow approval. NW questioned how the tree is going to be removed. Ms. Weld stated that the stump and roots will remain if they will not interfere with the construction. KM is concerned about the environmental impact on the wetlands and would like to see some detail on the plan. Members discussed the need for a complete NOI including engineer details on the plan. No public comment. Motion to only approve the removal of the Oak tree. All other proposed construction is not approved as submitted. KM/ML MSV.
WPA NOI, DEP #230-0341, 0 Phelps Rd, Map 103, Lot 038, submitted by Myers for the proposed construction of a single-family home and associated site work within riparian of perennial stream.
Cara Hunt of Berkshire Geo Tech, representing the property owner, requested to withdraw the NOI. Request to withdraw approved. NW/ML MSV.
WPA NOI, DEP #230-0346, Cronk & Sandisfield Rd Rights of Way, submitted by Mass Electric Company for the proposed install of utility poles and site work within the riparian of a perennial stream and BVW. (Comments Only. Hearing is continued to Nov.27th.).
KM commented that he would like the applicant to address the change in fire hazard for each alternative, including the “buried line” option. The scope is 50 years (temporal) and the 6-digit HUC (spatial). The baseline is “do nothing.”
Abutter, Martin Mraz commented that he would like any comments (emailed or mailed) to be shared with him prior to the hearing. KW agreed to keep Mr. Mraz updated on comments. Mr. Mraz commented that he did not attend the first meeting because he was informed by the representative that the hearing was going to be continued and there would be no need to attend. KW replied that a request to continue a hearing can only be approved at a meeting and it should not be assumed that the request was going to be approved. The request to continue the meeting of September 11 was initiated by the representative because abutters were not notified in a timely manner by the representative in compliance with the regulations.
Enforcement/ Potential Violation Orders:
8 Dowd – Enforcement -Continued - Update
Cara Hunt of Berkshire Geo Tech stated that their office is working on a NOI to be submitted with.
12 Dowd – Enforcement Order – Update, Discussion, and Ratify Amended Enforcement Order
Engineer Mike Kulig, Architect Valerie Winig, Contractor Wilkinson briefed the members on the site visit. An updated storm water control plan was submitted. Changes include drainage swale(s), and diverting some overflow by raising culvert elevation. A narrative for mediation was presented by Kulig. KM requested revisions and to email to agent to add to file. Motion to close the enforcement order with edits to narrative and plan. KM/ML MSV
24 Seven Arts – Potential WPA Violation – Update
Cara Hunt has submitted a dock plan and will submit a RDA for the project.
Public Input and Comments for Items not on the agenda
Karen Allen questioned the process for continuing public hearings. Martin Mraz questioned public hearing procedures. The public was briefed on the regulations pertaining to Public Hearings.
MISC:
153 Hupi Rd – Appeal – Discussion
Cara Hunt questioned the appeal process for the SMA. Discussion ensued that the appeal should go to the state. Regulations are unclear. SMA regulations are currently being revised.
Greenagers Invoice – Review and Discussion
Invoice total $14,300. KW advised that a site visit be conducted by the members and determine compliance prior to submitting payment.
Discussion - Describing how the CC uses application material for WPA & SMA Impact analyses and permit decisions (Determinations & Orders).
Update link for ConComm on Town website.
Local Wetland and Scenic Mt. Bylaws – Review and discussion
Members were given sample bylaws from Richmond and Grafton to review. Cara Hunt commented that the RDA application needs to be revised. Members agreed.
Approve Minutes
Minutes for 9.11.2023 were approved with spelling edits. NW/KM MSV
Correspondence – Misc. Mail, Warrant Details, Monthly Acct. Reports, PE Reports
N/A
Review Deadline and Meeting Schedule for 2024
2024 Submittal Deadline and Meeting Dates Schedule approved. Nov 13th meeting might be canceled if a quorum cannot be met. Members agreed to next schedule meeting December 4th. Cronk Rd Pole Hearing scheduled for November 27th
Agent Report
N/A
Adjournment: 7:42 pm KM/NW MSV
Approved: 12.4.2023 NW/KM MSV