Conservation Commission Meeting Minutes 4/28/21
Meeting Minutes
Meeting Date & Time: April 28, 2021, 6:00 pm
Meeting Place: Virtual Over Zoom
Members Present: Jeremy Rawitz (Chair), Leslie Lichter, Michael Zisser, Mary Stucklen (Agent) Nancy Tomasovich (joined at 6:12pm). Absent: Margo Drohom
Public Present: Shannon Boomsma, Al Thorp, Timothy Klesse, Gail Padalino, M Bogue, Brad Hunt, Paul Clark, Gervais, Rob Hoogs, Alan Klingenstein, Cara, Kathryn Klingenstein, Elia Del Molino, Chris, Valerie
Chair Jeremy called the meeting to order at 6:04pm. The Chair notified the attendees that the meeting was being recorded for at least 90 days. The agent introduced themselves. Chair Rawitz introduced the Agent Mary Stucklen who is filling in temporarily. Chair Rawitz also introduced Leslie Lichter.
2. The public was asked if there were any comments on issues that weren’t on the agenda.
Continuing Business
3. A WPA Notice of Intent application filed by FOBS Holdings of 271 Main Rd (Map 226, Lot 26; DEP File # 230-____) for the proposed construction of an office building and the associated site work within the resource area of riverfront.
Chair Rawitz briefed the commission that this project has been withdrawn. No other action is needed.
4. A WPA Notice of Intent Application filed by Bogue of 21 Point Rd (Map 102, Lot 21; DEP File # 230-0321) for the proposed construction of a single-family home and associated site work within the resource area and buffer zone of Lake Garfield.
The applicant and their representative walked the commission through their application and their plans. The new building will in around the same area as the to-be-demolished building. The new building is slightly smaller than the previous building. A screen porch will go over where the stone patio once was. A new septic outside of the 100’ buffer will also be installed, as well as storm water controls such as dry wells. There are sediment and erosion controls on the plan as well. The commission mentioned that the site visit was very informative about the timeline of work. Commissioner Leslie clarified that the new project was. Chair Rawitz opened the public hearing for the public. No comment. The Chair closed the public hearing.
A motion was made to issue an Order of Conditions to Bogue of 21 Point Rd (Map 102, Lot 21; DEP File # 230-0321) for the proposed construction of a single-family home and associated site work within the resource area and buffer zone of Lake Garfield, with the Monterey Standard Conditions to be included (Zisser/Lichter). There was no further discussion. A roll call vote was called. All were in favor. MSV.
5. A WPA Request for Determination of Applicability filed by Klingenstein of Elephant Rock Rd (Map 105, Lot 15 & 16) for the proposed construction of a single-family home and the associated site work within the buffer zone of Lake Garfield.
Representatives of the applicant shared the site plan with the commission and reviewed the site visit details. The plan is the same as it was previously, with increased landscaping to be included between the work and the water resource. Straw waddles will be used to prevent impact to the resource areas during the work. Commissioner Tomasovich requested that a planting plan be presented to the commission. The representative clarified that a small section of the house is within the buffer zone to the Lake. The representative also informed the commission that the applicants may return to the commission with an application for a walkway and dock. There was also some general information shared about potential plants that could go in place near the patio and the residence.
A motion was made to issue a Negative Determination #3 with the condition that the applicant provide a planting plan for review by the commission prior to the start of work, as well as including the Monterey Standard Conditions (Tomasovich/Zisser). Commissioner Zisser thanked the representatives for a clear site visit. A roll call vote was called. All were in favor. MSV.
6. A WPA Request for Determination of Applicability submitted by Padalino at 10 Phelps Rd (Map 103, Lot 37) for the installation of a patio and expansion of a parking area within the buffer to bordering vegetated wetlands
The applicant, Gail Padalino, answered a few questions previously asked by the commission. The applicant will used 5 cubic yards of gravel will be used for the patio and 17 cubic yards of gravel for the driveway. The driveway sequence is the driveway first, and then the patio will be installed second. Straw waddles will go in front of the construction and along the entire of the water. The equipment that will be used, if it were to ruin the grass, will reseed any disturbed area. No work will involve the neighbor’s property.
A motion was made to issue a Negative Determination #3 to the Padalinos at 10 Phelps Road with the condition that the Monterey Standard Conditions to be included (Tomasovich/Zisser). There was no further discussion. A roll call vote was called. All were in favor. MSV.
7. Enforcement Order issued to Koenig of 141 Stevens Lake Way (Map 228, Lot 011) for the unpermitted clearing of vegetation in the resource area and buffer zone of Stevens Lake.
The commission has not had any update on the Enforcement Order, and the previously issued letters were returned in the mail to the commission. Agent Stucklen told the commission that a third attempt to contact the property owner could be made using information from other offices in the town prior to other actions being taken. The other actions include placing Cease & Desist signs on the property to catch the property owner’s attention. The commission was comfortable with the agent attempting a third letter mailed to the property owner.
8. Enforcement Order issued to of 155 Stevens Lake Way (Map 228, Lot 12) for the unpermitted clearing of vegetation in the resource area and buffer zone of Stevens Lake.
The commission consulted with Mark Stinson of MassDEP that the work that was done wasn’t enforceable, or that it was possibly permitted.
A motion was made to rescind the Enforcement Order (Tomasovich/ Zisser). No further discussion. A roll call vote was made. All were in favor. MSV.
New Business
9. A WPA Notice of Intent application submitted by Hume Lake Christian Camps for the deconstruction of a wood structure and construction of a gathering area at 73 Chestnut Hill Road (Map 235, Lot 1; DEP File # 230-0318).
The applicant described the timeline of work to be conducted. He also briefed the commission on the details of the project, including that the area will be reseeded with grass once the building is removed. Chair Rawitz briefed the commission about the site visit that was conducted earlier that day and how the stream was close by but the sediment and erosion controls will be put into place. Commissioner Zisser asked if there was potential for future projects, and the applicant invited the commission to the project site if they were interested in seeing it. Commissioner Lichter clarified the timeline for installation of the fire pit.
Chair Rawitz opened the public hearing for comment. There was no public comment. Chair Rawitz closed the public hearing at 7:04pm.
A motion was made to issue an Order of Conditions to Hume Lake Christian Camps for the deconstruction of a wood structure and construction of a gathering area at 73 Chestnut Hill Road DEP File # 230-0318 with the condition that the Monterey Standard Conditions are included (Lichter/Zisser). Commissioner Zisser clarified that both the deconstruction and the fire pit were included. A roll call vote was called. All were in favor. MSV.
10. A WPA Notice of Intent application submitted by Bidwell House Museum for the construction of a new Loom Brook foot trail at 100 Art School Rd (Map 213, Lot 14; DEP File# 230-0320).
A representative from Greenagers, Mr. Del Molino, briefed the commission on the project. The plans were shared and the details of the new trails were discussed. Parts of the trails include bridges such as bog bridges made of natural materials or a two-stringer foot bridges, each of which create space between the bridge and the ground. Light is allowed to penetrate these bridges. The resource areas were formally delineated and proper maps with the crossing structures were noted. The commission was able to review the site at a visit the previous week. Commissioner Zisser noted that the site visit was very informative and the trail will be well constructed as described. Commissioner Tomasovich said that the wetlands and resource areas will be well protected with the procedures as described. The representative also mentioned that the crossings will have footings outside of the resource area and will be at least 1.2x bank full width. Any trees that require chain saws will be refueled outside of the resource area and contain vegetable-based oils.
The Chair opened the public hearing for the public. There weren’t any comments from the public. The hearing was closed at 7:19pm.
A motion was made to Issue and Order of Conditions to DEP File#230-0320 with the Standard Monterey Conditions (Zisser/ Tomasovich). There was a comment from the applicant about the sediment and erosion controls, which do not span the entire trail. A roll call vote was made. All were in favor. MSV.
11. An SMA Request for Determination of Applicability submitted by Bidwell House Museum for the construction of a new Loom Brook foot trail at 100 Art School Rd (Map 213, Lot 14).
The applicant briefed the commission on the project in relation to the Scenic Mountain Act. The applicant does not believe that the project affects the jurisdiction of the Act because there aren’t any significant alterations. Chair Rawitz briefed the commission that he believes that the work does not impact the jurisdiction of the Act.
A motion was made to issue a Negative Determination to Bidwell House for the construction of the Loom Brook Trail (Lichter/Zisser). A roll call vote was made. All were in favor. MSV.
12. A WPA Request for Determination of Applicability filed by Lichtenthal of 38 Elephant Rock Rd, (Map 105, Lot 32) for the removal of a tree within the buffer zone of Lake Garfield.
A representative briefed the commission on two trees that are in poor shape within the work area to a project that currently has an Order of Conditions. These are both within the buffer zone. Commissioner Lichter clarified that there are indeed two trees to be removed.
A motion was made to issue a Negative Determination #3 to Lichtenthal (Zisser/ Lichter). A roll call vote was made. All were in favor. MSV.
13. A WPA Request for Determination of Applicability submitted by Bernstein at 16 Laurel Banks Rd (Map 113, Lot 37) for the removal of a tree in the buffer zone to Lake Buel.
Agent Stucklen reviewed the application with the commission. They clarified that the two oak trees would be the only trees to be removed within the jurisdictional area.
A motion was made to issue a Negative Determination #3 for 16 Laurel Banks Rd (Map 113, Lot 37) with the Monterey Standard Conditions and a condition that the stumps for the trees must remain in place (Tomasovich/Lichter). There was no further discussion. A roll call vote was made. All were in favor. MSV.
Additional Items
14. The commission are in favor of moving the Conservation Commission meetings to the third Wednesday of the month. The Agent will inform the appropriate parties of the change.
15. The commission reviewed the minutes that were available.
A motion was made to approve the May 13th, 2020 minutes (Tomasovich/Rawitz). A roll call vote was made. Rawitz and Tomasovich voted in favor. Lichter and Zisser abstained.
A motion was made to approve the Jan 13th, 2021 minutes (Tomasovich/Rawitz). A roll call vote was made. Rawitz, Zisser, and Tomasovich voted in favor. Commissioner Lichter abstained.
A motion was made to approve the April 8th 2021 minutes (Tomasovich/Rawitz). A roll call vote was made. Rawitz, Zisser, and Tomasovich voted in favor. Commissioner Lichter abstained.
A motion was made to approve the April 14th, 2021 minutes (Tomasovich/Rawitz). A roll call vote was made. Rawitz, Zisser, and Tomasovich voted in favor. Commissioner Lichter abstained.
A motion was made to continue the minutes for the April 20th meeting to the next meeting (Tomasovich/Rawitz). A roll call vote was made. Rawitz, Zisser, and Tomasovich voted in favor, and Lichter abstained.
16. General Mail: Commissioner Zisser reviewed the log-in information with Agent Stucklen. Agent Stucklen feels comfortable accessing the appropriate information and she will connect with Chair Rawitz on an office tour. And there was additional information shared about other commissions that have educational projects with their residents and how Monterey can do the same.
A motion was made to adjourn (Zisser/Lichter). No discussion. All were in favor. MSV. Chair Rawitz adjourned the meeting at 7:48 pm.