Conservation Commission Meeting Minutes 6/12/19
CONSERVATION COMMISSION
TOWN OF MONTEREY, MASSACHUSETTS
MEETING DATE: JUNE 12, 2019
Present: Kimberly Wetherell (KW), Mark Little (ML), Marion Simon (MS)
Absent: Jeremy Rawitz (JR)
The meeting convened at 6:00 pm
HEARINGS WERE HELD ON A FIRST COME, FIRST SERVE
18 BIDWELL – ENFORCEMENT ORDER – UPDATE
ATTY COLONA AND SK DESIGN HAS BEEN RETAINED BY THE OWNERS TO DRAFT AN NOI FOR THE RESTORATION PLAN. MR. COLONA PROVIDED A DRAFT NARRATIVE AND DRAWING OF THE POTENTIAL PLAN. SK DESIGN SHOULD BE SUBMITTING A PLAN WITH IN 8 WEEKS. THE RESTORATION WORK WOULD BE CONDUCTED IN THE FALL. APPROVAL FROM NATURAL HERITAGE AND A CHAPTER 91 LICENSE WOULD ALSO HAVE TO BE APPLIED FOR.
LIMEROCK LANE – UNPERMITTED TREE CLEARING
MS. FINEMAN OF 11 LIMEROCK LANE WAS IN ATTENDANCE. MS. FIEMAN HAS ADMITTED THAT SHE IS RESPONSIBLE FOR CUTTING THE TREES DOWN AT THE ASSOCIATION’S LAKE ACCESS LOT BECAUSE OF HER CONCERN THAT THE TREES WERE DECAYING AND HAZARDOUS. SHE HAS AGREED TO PROVIDE THE COMMISSION WITH A PLANTING PLAN TO REPLACE THE TREES BY THE NEXT REGULAR MEETING. KW STATED THAT SOME PROPERTY OWNERS ARE VERY UPSET AND THAT THEY SHOULD BE COPIED ON ANY PROPOSED REMEDIATION OR PLANTINGS. MS. FINEMAN AGREED TO CONTACT THE ASSOCIATION.
27 STEVENS LAKE RD- CONGRESS- REQUEST FOR DETERMINATION- PROPOSED REMOVAL OF TWO TREES WITHIN THE BUFFER OF STEVENS LAKE.
MR. CONGRESS , THE PROPERTY OWNER, BRIEFLY DESCRIBED THE PROJECT TO REMOVE THE TWO TREES. THE STUMPS WILL REMAIN. THE REQUEST WAS APPROVED N3. KW/MS
73 CHESTNUT HILL ROAD – HUME NEW ENGLAND – REQUEST FOR DETERMINATION – PROPOSED WORK ASSOCIATED WITH 50’ OF UTILITY TRENCH AND PLACEMENT OF A NEW ELECTRICAL VAULT AND TRANSFORMER WITHIN 100 FT OF A WETLAND BUFFER ZONE.
MIKE KULIG OF BERKSHIRE ENGINEERING, JOHN SZABOLWOSKI, AND RICHARD KAWMOTO OF HUME NEW ENGLAND WERE IN ATTENDANCE TO REPRESENT HUME NEW ENGLAND AND BRIEFLY DESCRIBED THE PROPOSED PROJECT. THE REQUEST WAS APPROVED N3 WITH SPECIAL CONDITIONS.
73 CHESTNUT HILL ROAD – HUME NEW ENGLAND – SCENIC MOUNTAIN ACT NOTICE OF INTENT – PROPOSED CONSTRUCTION AND RELATED SITE WORK FOR A 12 SITE FAMILY CAMP AREA WITHIN THE SCENIC MOUNTAIN ACT MAPPED REGION.
THE MEMBERS WERE BRIEFED ON THE PROJECT WITH A PLAN. A LIMITED NUMBER OF TREES WILL BE REMOVED. ML QUESTIONED WHERE THE LAST SMA WAS IN RELATION TO THE CAMP PROJECT. THE LOCATION OF THE CAMP SITES ARE NOT NEAR THE LAST SMA. SELECTBOARD MEMBER, MR. BASLER COMMENTED THAT HE WAS IN FAVOR OF THE PROJECT AND THE POTENTIAL POSITIVE IMPACT OF NEW GROWTH TO THE COMMUNITY. THERE WAS NO OTHER COMMENTS FROM THE PUBLIC. THE PROJECT WAS APPROVED WITH SPECIAL CONDITIONS KW/MS
523 MAIN RD – HEIMANN IRREVOCABLE TRUST – REQUEST FOR DETERMINATION – PROPOSED CONSTRUCTION OF A PATHWAY/STAIRS FOR ACCESS TO THE SHORELINE, STONE PATIO, RECONSTRUCTION OF AN EXISTING DECK WITHIN THE BUFFER ZONE OF LAKE GARFIELD. PROJECT ALSO INCLUDES THE INSTALLATION OF A REMOVABLE DOCK.
CHRIS TYRON OF BERKSHIRE TECHNOLOGIES BRIEFED THE MEMBERS ON THE PROJECT. THE PROPOSED PROJECT INCLUDES A 3’ WIDE CRUSHED STONE PATH, REPAIR OF AN EXISTING DECK, AND A 7’ RADIUS FIRE PIT. MARK STINSON OF DEP QUESTIONED THE LICENSE OF THE EXISTING DECK. A SITE VISIT WILL BE SCHEDULED TO GET A BETTER LOOK AT THE EXISTING DECK THAT MAY BE IN THE BVW AND WHETHER THE DECK IS SITTING ON WETLAND VEGETATION AND THEREFORE MAY BE IN VIOLATION OF 10.55 4a OR IF UNPERMITTED FILL WAS USED. MESA WILL NEED TO APPROVE. THE PROJECT WAS APPROVED N2 AND N3 WITH SPECIAL CONDITIONS. ML/MS.
62 WORTH LANE – LOMBARDO – ABBREVIATED NOTICE OF INTENT - PROPOSED CONSTRUCTION AND RELATED SITE WORK OF A NEW ADDITION 30’ X 30’ TO THE NORTH SIDE OF EXISTING HOME WITHIN LAKE GARFIELD.
THIS APPLICATION WILL BE CONTINUED.
6 POINT RD - GREENWALD – EO – UNPERMITTED ACTIVITY – UPDATE
ATTY. ELIZABETH GOODMAN AND KATELYN O’BRIEN OF CAIN AND HUBBARD LAW OFFICES WERE IN ATTENDANCE TO REPRESENT THE OWNERS. STINSON ASKED WHEN THE SAND WAS ADDED. MS. GOODMAN ANSWERED THAT THE OWNERS ARE UNSURE OF WHEN THE SAND WAS FIRST PLACED BUT BELIEVES IT WAS SOME YEARS AGO. THE OWNERS HAVE CLAIMED THAT THEY WERE TOLD AT A FRIENDS OF GARFIELD MEETING THAT THE SAND WAS PERMITTED. FURTHER DISCUSSION CONTINUED WHETHER THE PREVIOUS OOC AND/OR THE DA WAS INCORRECTLY INTERPETED. IT WAS AGREED THAT THE PREVIOUS OOC AND THE DA IS VAGUE. MS. GOODMAN FEELS THAT THE EO IS AN ACT OF SELECTED ENFORCEMENT AND BELIEVES THAT UNDER THOSE CIRCUMSTANCES IS REQUESTING THAT THE COMMISSION WITHDRAW THE EO BASED ON THE VAGUENESS OF THE PREVIOUS PERMITS. THE PROPERTY OWNERS ARE WILLING TO DO SOME MITIGATING WITH SOME PLANTING. CHRIS TYRON OF BERKSHIRE ENGINEERING WILL PREPARE A NOTICE OF INTENT FOR MEDIATION FOR BOTH PROPERTIES WILL COME BACK WITH A PLAN FOR SOME NON-INVASIVE PLANTING FOR THE BANK. MOTION WAS MADE TO WITHDRAW THE EO. APPROVED. MS/ML
MISC:
PRIOR MINUTES WERE APPROVED
MISC. CORRESPONDENCE WAS REVIEWED