Conservation Commission Meeting Minutes 5/19/21
Meeting Minutes
Meeting Date & Time: May 19th, 6:00 pm
Meeting Place: Virtual Over Zoom
Members Present: Jeremy Rawitz (Chair), Michael Zisser, Mary Stucklen (Agent) Nancy Tomasovich, Leslie Lichter. Absent: Margo Droham
Public Present: Ruth Green, Haley Puntin, Cara Hunt
Chair Jeremy called the meeting to order at 6:04pm. The Chair notified the attendees that the meeting will not be recorded. The commissioners were introduced. Agent Mary Stucklen introduced herself and is filling in temporarily.
2. The public was asked if there were any comments on issues that weren’t on the agenda. There were none.
Continuing Business
3. 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 agent briefed the commission that she is wating to hear back from other offices in the Town regarding a proper mailing address for this property owner. The commission suggested that they ask the homeowners association for information. Agent Stucklen will continue to work on this case and will make another attempt at contacting the property owner.
New Business
4. A WPA Request for Determination of Applicability submitted by Jonathan and Yvonne Gumowitz at 32 Sylvan Rd (Map 102, Lot 42) for the construction of a dock on Lake Garfield.
The representative for the project briefed the commission on the type of dock and the temporary nature of the dock. Additionally, there was discussion about the measurements of the dock and the surrounding area and abutters. The commission asked a few clarifying questions about the location in relation to the abutter and the overall size.
A motion was made to issue a Negative Determination #2 to Jonathan and Yvonne Gumowitz at 32 Sylvan Rd (Map 102, Lot 42) for the construction of a dock on Lake Garfield (Zisser/Tomasovich). A roll call vote was made. All were in favor. MSV.
5. A Request for an Extension to Order of Conditions (DEP# 230-0292) for one year for 98 Stevens Lake Rd for the reconstruction of a residence.
The representative for the applicant briefed the commission on certain aspects of the project that needed more time to complete, including the driveway and the wetland plantings. Chair Rawitz clarified that only the work that was added on for the amendment was the work remaining, and thus a year was likely appropriate.
A motion was made to extend the Order of Conditions (DEP# 230-0292) for 98 Stevens Lake Rd for the reconstruction of a residence for one year to expire on July 11th, 2022 (Zissler/Tomasovich). A roll call vote was made. All were in favor. MSV.
6. A Request for Certificate of Compliance (DEP File #230-0297) issued to Andrew Soborski of 0 Charcoal Lane (Map 154, Lot 14) for the construction of a residence, which has not been built.
Agent Stucklen briefed the commission on the application, explaining that no work has taken place despite having been permitted years ago. The Certificate of Compliance would close out the permit and would identify the project as having not been completed.
A motion was made to issue a Certificate of Compliance (DEP File #230-0297) issued to Andrew Soborski of 0 Charcoal Lane (Map 154, Lot 14) for the construction of a residence, which has not been built (Zisser/Tomasovich). A roll call vote was made. All were in favor. MSV.
Additional Items
7. Discussion: Conservation Commission position regarding the Town opt-out period for state-wide mosquito spraying.
The Commission discussed amongst themselves and with the Agent and a community member present about the various concerns they had about the mosquito spraying. The concerns listed included that the types of spraying activities were likely to be very ineffective due to the size of the adult mosquitos and the amount of spraying that would be needed to properly eliminate their population enough to hold off on breeding. Other concerns were mentioned, including the impact of the spray on other insects such as butterflies, bees, pollinators in general, and the predators that eat such bugs. Community member Ruth Green mentioned her perspective and concern for the community regarding the spraying. Ultimately, the commission agreed the bad massively outweighed the good.
The commission recognized that the deadline for the opt-out period is May 28th. This is time- sensitive, and as such the select board would need to meet in the very near future. Agent Stucklen said that she would send a letter the same evening in order to get the information to the Select Board on time.
A motion was made to craft a Letter to the Board of Selectman that the Conservation Commission supports opting-out of the mosquito spraying for the Town of Monterey (Tomasovich/Zisser). No further discussion. A roll call vote was made. All were in favor. MSV.
8. Budget for Fiscal Year 22
The commission talked about the ledgers, that there may be a mix-up with the protected wetlands account because of expenses coming out that include public notice fees. The commission wants the agent, a commissioner, an accountant, and the town manager to meet together to discuss the accounts and what the purpose of each account is in order to ensure that all of the fees are going to their appropriate places.
A motion was made to Commissioner Michael Zisser and Agent Mary Stucklen should have a meeting with the Town Accountant and the Town Manager regarding the proper payment and expense procedures for the Conservation Commission (Tomasovich/Lichter). A roll call vote was called. All were in favor. MSV.
The commission would also like to discuss the fee schedule at the next meeting.
a. Trails in Monterey
Chair Rawitz said that there are funds that are sitting in a conservation account and that the funds have potential to be spent in the town to create recreational trails for the public. Commissioner Zisser said he would like to collaborate with the Parks Committee. Commissioner Tomasovich also mentioned that local land trusts can also be partnered with to create some trails. The commission agreed that this would be a great exercise to collaborate with other organizations in the towns. There was also mention of the Community Preservation Act, which is a State program that may lead to more funds or opportunities for conserving land. The commission discussed that perhaps a joint meeting with the Parks Commission would make sense. Chair Rawitz also mentioned that Greenagers would also be willing to be a partner. Commissioner Zisser will reach out to the Parks Committee, and Commissioner Lichter is also available to contact the Greenagers. This will be up for discussion at the next meeting as well.
9. Discussion: Use of virtual platforms for future commission meetings, including the period post- State of Emergency due to Covid-19
The commission discussed a few concerns with meeting in-person and meeting virtually in the future. Commissioner Zisser expressed his concern that when the state of emergency is over, that virtual meeting platforms may be inappropriate under Open Meeting Law. Commissioner Zisser also expressed a concern that Zoom should be used by all departments, and that the town should try to transition to Zoom due to its user-friendly program and ability for community members to call into meetings by telephone. It would also allow boards to record meetings on a cloud device to share with the public, should it be necessary.
A motion was made to recommend to the Board of Selectman that they should consider a zoom account that can be utilized by the Town’s committees and commissions for public meetings (Zissler/Tomasovich). A roll call vote was made. All were in favor. MSV.
10. Discussion Re: Commission’s position regarding a stipend for Conservation Commissioners as proposed before the Town Select Board
The Commission briefly discussed the volunteer nature of being a commissioner and as such, felt a stipend would be unnecessary in order to fulfill the duties of being on the commission.
A motion was made to advise the Board of Selectman that stipends should not be provided to Commissioners of the Conservation Commission as they consider the position to be strictly volunteer (Zissler/Tomasovich). A roll call vote was made. All were in favor. MSV.
11. Educational Review: Common WPA applications and permits
Agent Stucklen walked the Commission through a brief overview of Chapter 91 licenses and how they are permitted through DEP after docks are permitted through the Commission as a Determination. The commission asked that Agent Stucklen review standard application forms at the next meeting.
12. Review and approval of April 20 and April 28 , 2021 Conservation Commission Meeting minutes.
A motion to continue the approval of the minutes of April 20th, 2021 to the June 16th meeting (Zisser/Tomasovich). A roll call vote was made. Commissioner Lichter abstained. The remaining were in favor. MSV.
A motion was made to approve the April 28th, 2021 minutes (Zissler/Lichter). A roll call vote was made. All were in favor. MSV.
The Commission asked Agent Stucklen to review the minutes of April 8th on the Town’s website, as well as to send them examples of application fee schedules from other towns.
A motion was made to adjourn (Zisser/Lichter). No discussion. All were in favor. MSV. Chair Rawitz adjourned the meeting at 7:28 pm.