Conservation Commission Meeting Minutes 1/13/21

Meeting Opened: 6:14 pm

Meeting Place: Conference Call

Members Remote: Jeremy Rawitz (JR), Nancy Tomasovich (NT), Michel Zisser (MZ)

Members Absent: Margo Drohan (MD)

Public Remote:  John Field (JF), Peter Close (PC), Mark Stinson of DEP (MS), Michael Johnson (MJ), Merina Cromwell (MC), Marsha Morton (MM), John Weingold (JW)

MZ introduced himself as a new member and briefed the members and the public on his background.  JR briefed the members and the public on the process of the meeting.

New Hearings & Meetings:

PUBLIC MEETING: Request for Determination filed by Binder of 179 Hupi Rd, Map 221, Lot 045, for the removal of trees within the buffer zone of Lake Garfield.

John Field of John Field Tree Service briefed the members and the public of the proposed removal of the trees. A site visit was conducted by the agent prior to the meeting.  NT questioned stump removal.  Some stumps will remain and others will be grounded down to prevent a tripping hazard.  JR questioned the process.  JR questioned Stinson if the application should be a NOI.  Stinson replied a NOI is only warranted when the alteration in the buffer zone will alter the resource area. MCC does not have jurisdiction over the MESA filing.  JR questioned the agent of her opinion is to remove.  Agent stated that it is the members who make the determinations.  JR asked Agent to read the Monterey Standard Special Conditions. The request was approved with a N3 with special conditions. NT/JR MSV

PUBLIC MEETING: Request for Determination filed by Rodriguez of 10 Sylvan Rd, Map 101, Lot 046 for the removal of trees within the buffer zone of Lake Garfield.

John Field of John Field Tree Service briefed the members and the public of the proposed removal of the trees. A site visit was conducted prior to the meeting by the agent.   NT questioned stump removal.  Stumps will remain.  The request was approved with a N3 with special conditions. NT/MZ MSV.

PUBLIC MEETING: Request for Determination filed by Duke of 5 Lakeside, Map 103, Lot 013 for the removal of a tree within the buffer zone of Lake Garfield.

Agent briefed the members on the request.  A site visit was conducted prior to the meeting.  The tree in question has already split in half.  The request was approved with a N.  3 NT/MZ MSV

Continued Hearings & Meetings:

PUBLIC HEARING:  Notice of Intent filed by Cutick of 525 Main Rd, Map 106, Lot 004 for the proposed associated site work and installation of a new bulk head within the resource area of Lake Garfield.

Agent briefed the members that the applicant would like to continue.  Discussion ensued on the regulations on how long the NOI can be continued. Agent will reach out to applicant.  Continued to next meeting. NT/JR  MSV

Order of Conditions Amendments:

DEP File # 230-298 – Request for a minor Amendment OOC – 24 Laurel Banks – Map 113, Lot 033

Rich Lasser of Nature Works briefed the members and the public of the proposed amendment.  A site visit was conducted prior to the meeting.  Discussion ensued regarding property owner’s rights to an easement.  Stinson confirmed that Determinations and OOC’s do not grant property rights.  The applicant is seeking to add more curb appeal to the added property.  NT read into record a comment submitted by Mr. Solosky asking the commission to continue the application.  The amendment to the OOC was approved based on the applicant’s revised property lines submitted by the applicant’s representative.  JR/NT MSV

DEP File # 230-0292 – Request to Amend OOC – 98 Stevens Lake Rd, Map 227, Lot 021

Matt Puntin of SK Design briefed the members on the requested amendment.  A site visit was conducted prior to the meeting. Mr. Puntin requested an additional two culverts in the driveway to be replaced. JR questioned the locations of the culverts on the plan submitted.  No comments.  The amendment was approved as submitted.  NT/MZ  MSV

Enforcement Orders and Emergency Certs:

Enforcement – 141 Stevens Lake Way – Map 003, Lot 85 –Wetland Violation – ratify

The enforcement letter was returned undeliverable.  NT believes that the cutting of the vegetation is a violation and asks for MS opinion.  MS states that he can only make that determination by the photos that was provided by NT who was in a kyack/canoe.  Another letter will be sent by regular mail and certified. The EO was ratified as written.  NT/JR MSV

Enforcement – 155 Stevens Lake Way – Map 017, Lot 23 –Wetland Violation – ratify.

The EO was continued for lack of a quorum to the next meeting for a withdrawal of the EO.  NT/MZ MSV

Enforcement – 53 Swann Rd, – Map 218, Lot 013 – Possible Wetland Violation

Agent briefed the members on the site visit.  Property owners were unaware of the regulations and stated that they only cleaned up buffer and downed trees.  JR believes that a violation is a violation and should be enforced by the commission.  Stinson advised the activity as failure to file.  The violation is in the buffer, however if it does not alter the resource area it can be determined that it is only a technical violation.  No further action.   JR/MZ MSV

Emergency Certificate – Brett Rd – Culvert Repair – Ratify

The work is complete.  The EC was ratified.  NT/MZ MSV

Misc.:

8:18 PM Robert’s Rules for conducting a meeting

Discussion Continued

Conservation Commission Agent Fees – Request to increase

Based on members confusion of agent’s employee/consultant status, Motion to table NT/MZ MSV

FY 2022 – Budget - Discussion/Approval

JR stated that the Selectboard and Finance Committee did not attend the meeting as scheduled.

Approval of prior minutes.

Minutes were not approved

Review Correspondence

N/A

Date, Time and Place of next meeting

JR will follow up with the funding from the cares act for future virtual meetings.

Adjourned: MZ/NT MSV 9:20 PM