Conservation Commission Meeting Minutes 6/29/21

Meeting date: 
Tuesday, June 29, 2021

Meeting Minutes

 

Meeting Date & Time: June 29th, 6:00 pm

Meeting Place: Virtual Over Zoom

Members Present: Virtual: Jeremy Rawitz (Chair), Leslie Lichter, Michael Zisser, Nancy Tomasovich, Mary Stucklen (Agent)

Absent: Margo Drohan

Public Present: Matthew Puntin, Melissa Reiner

Chair Jeremy called the meeting to order at 6:00pm. The Chair notified the attendees that the meeting will 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.

 

3. Informational Update by BRPC regarding the Rain Garden Program on Lake Garfield.

The agent informed that the representative from BRPC will attend the next meeting, and as such this agenda item will appear on the next meeting agenda.

 

Continuing Business

4. 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 informed the commission that the property owner was sent a certified notice, as well as an email with information about the enforcement order. The commission is waiting for a response from either communication. No further action was taken at this time, and this will appear on the next agenda.

New Business

5. A WPA Notice of Intent submitted by Melissa Marlow-Reiner of 64 Worth Lane (Map 103, Lot 56, DEP File # 230-0322) for the construction of a garage and related site work in the buffer zone.

The commission discussed the details of this project, and the updates that were made to the drawing as a result of the site visit that was conducted with the representative. Matt Puntin described the scope of work, that the driveway was going to change in footprint, and that some changes were made to the plan such as a drip-stone area and that the propane tank was going to be buried. The commission was satisfied with details of the project and that it was in the outer 50 feet of the buffer zone.

Chair Rawitz opened the meeting to a public hearing on the application at 6:08pm. There wasn’t any comment on the application from the public. A motion was made to close the public hearing at 6:11 (Zisser/Tomasovich). All were in favor. MSV.

A motion was made to issue and Order of Conditions to Melissa Marlow-Reiner of 64 Worth Lane (Map 103, Lot 56, DEP File # 230-0322) for the construction of a garage and related site work in the buffer zone with the condition that the Monterey Standard Order of Conditions be attached as well (Zisser/Lichter). A roll call vote was made. All were in favor. MSV.

Commissioner Zisser mentioned that there was a type of little fence on the property near the water’s edge. The agent also mentioned that there was a rolled up fence material as well, near a raft in the water. The property owner clarified that they were used temporarily. The commission asked that the fencing be removed, and the property owner agreed to do so.

8. A Request for an Extension to an Order of Conditions issued to Don Bernard of 10 NorthWest Cove Rd (Map 229, Lot 1, DEP File#230-0287) set to expire on September 16th, 2021, for the construction of a residence in the buffer zone.

The commission moved to item number 8 since the representative for item 5 and 8 were the same. The commission discussed the site visit that was conducted by the agent and the representative. The representative, Matt Puntin, explained to the commission that an updated house plan would be submitted to the commission once the new property owner took ownership of the property. He also explained that the closest that the house would be to the buffer zone would be 75 feet. The commission verified details about the vegetation that was present on the property, which was that all work had been done that was permitted and that it would be maintained.

A motion was made to issue an Extension to an Order of Conditions issued to Don Bernard of 10 NorthWest Cove Rd (Map 229, Lot 1, DEP File#230-0287), set to expire on September 16th of 2024. (Zisser/Lichter). A roll call vote was made, and all were in favor. MSV.

6. A Request for Certificate Of Compliance submitted by Stanley and Deborah Lee of 16 Point Rd (Map 102, Lot 29, DEP File# 230-0178) issued on November 14th, 2000 for the installation of a septic system in the buffer zone.

The commission was briefed by the agent that the project had been finished for many years as it was permitted in 2000, and that the Certificate was needed to close out the project. The agent double checked that there were no ongoing conditions needed for the Certificate of Compliance. There were none.

A motion was made to issue a Certificate of Compliance to Stanley and Deborah Lee of 16 Point Rd (Map 102, Lot 29, DEP File# 230-0178) for the installation of a septic system (Zisser/Lichter). A roll call vote was made. All were in favor. MSV.

7. A Request for Certificate Of Compliance submitted by Stanley and Deborah Lee of 16 Point Rd (Map 102, Lot 29, DEP File# 230-0274) issued on February 25th, 2015 for the reconstruction of a home in the buffer zone.

The commission was briefed by the agent that the project had been finished for a few years, as it was permitted in 2015, and that the Certificate was needed to close out the project. The agent double checked that there were no ongoing conditions needed for the Certificate of Compliance. There were none.

A motion was made to issue a Certificate of Compliance to Stanley and Deborah Lee of 16 Point Rd (Map 102, Lot 29, DEP File# 230-0274) for the installation of a septic system (Zisser/Lichter). A roll call vote was made. All were in favor. MSV.

9. Ratification of an Emergency Certification requested by Hannah Gibbons of 17 Cronk Road (Map 236, Lot 8) for the installation of a pond leveler device as the result of flooding due to beaver dam activity.

The agent briefed the commission on the state of the emergency and the work plan submitted by the contractor. The commission verified that the Board of Health had also issued an emergency trapping permit, thus they were the other issuing authority for this certification.

A motion was made to issue an Emergency Certification to Hannah Gibbons of 17 Cronk Road (Map 236, Lot 8) for the installation of a pond leveler device as the result of flooding due to beaver dam activity. (Zisser/Lichter). A roll call vote was made, and all were in favor. MSV.

Additional Items

10. Discussion: Work conducted on Laurel Banks Rd by Peter Schoch.

The agent informed the commission about unpermitted work that was conducted on an easement property adjacent to 19 Laurel Banks Road. One of the local residents that had had deeded rights to access the lake through this property had performed various activities such as grading, installing a rock wall, and putting down driveway material on the property. The entire property is in the buffer zone and there wasn’t significant impact to the resource area. The agent had conducted a site visit with the resident and the resident submitted a work plan detailing the fixes that would take place to bring the property back to its original condition, with a few minor changes. All work is set to be completed by September 1st, at which point the agent and/or the commission will visit the property to ensure its completion. Should the work not be completed, the commission would consider an enforcement order at that time to ensure that the worse is completed. The commission agreed that this agenda item will remain on the agenda for the next few months in order to be updated about its progress until September.

11. Budget for Fiscal Year 22

a. Review Potential Fee Schedule in Monterey

The agent shared a fee schedule that is currently used in the Town of Windsor. The commission discussed that there was an upcoming meeting with the Town Administrator in which they will acquire more details about the expenses that the commission has throughout the year, and whether the fees are appropriate in order to cover all expenses, including the agent’s salary. The commission agreed that following this meeting, they will review the fee schedule and make adjustments as needed.

b. Trails in Monterey

The agent informed the commission of an idea for a trail that was shared by a local resident. The commission expressed an intent to hold an open meeting for the public in the fall in order to acquire more suggestions for trails, and to share opportunities for collaborations with local organizations as well.

12. Consideration and response to a disciplinary letter submitted to the Board of Selectman

The commission discussed a disciplinary letter that had been issued to a previous town employee that was discussed under Executive Session by the Board of Selectman. The commission noted that the Board of Selectman’s discussion did not involve the Conservation Commission in any capacity and stated they the commission should have been invited to attend the Executive Session based on its relevance to the commission. The commission also drafted a disciplinary memo dated 06-29-2021, and this memo will be filed in the appropriate folder in the commission’s file system.

A motion was made to file the disciplinary memo regarding the previous conservation commission agent (Zisser/Tomasovich). A roll call vote was made, and all were in favor. MSV.

13. Discussion: Attendance requirements for Conservation Commissioners

The commission asked the agent if she had any knowledge about stipulations for commissioners to attend meetings, and she had none. The commission discussed that Commissioner Droham has been absent from many recent meetings, and that this absence was placing a burden on other commissioners to be present in order for a quorum to be present at all meetings. Chair Rawitz will find out more details about actions the commission can take in order to encourage commissioner participation, or to dismiss commissioners that no longer serve on the board.

14. Educational Review: Common WPA applications and permits

The commission decided that the educational review was useful, and that it should appear on the next agenda.

15. Review and approval of April 20th and June 16th, 2021 Conservation Commission Meeting minutes.

The agent explained that neither meeting minutes were provided to the commission prior to the meeting, so they were not ready for review and approval. The commission made a motion to continue both the April 20th and the June 16th meeting minutes to the July 13th meeting. (Zisser/Lichter). All were in favor, MSV.

16. General Mail and Administrative Items

The agent shared that the MACC dues were due in July for the next fiscal year. The commission agreed to pay these dues once all commissioners were verified as participating in the commission for the coming year.

A motion was made to adjourn the meeting at 7:15pm (Zisser?/Lichter?). All were in favor, MSV.