Conservation Commission Meeting Minutes 7/10/19
CONSERVATION COMMISSION
Town of Monterey, Massachusetts
Meeting Date: July 10, 2019
Meeting Time: 6:00 pm
Meeting Place: Town Hall Meeting Room
Present: Kimberly Wetherell (KW), Mark Little (ML), Jeremy Rawitz (JR)
Absent: Marion Simon
The meeting convened at 6:01 pm
Jeremy Rawitz chaired the meeting
HEARINGS WERE HELD ON A FIRST COME, FIRST SERVE
New Hearings & Meetings (First Come First Served):
Town of Monterey – Lake Garfield – Notice of Intent – proposed aquatic management program to control nuisance and non-native aquatic vegetation plant growth utilizing the techniques of Diver Assisted Suction harvesting (DASH) and Mechanical Harvesting for Lake Garfield.
Mike Germain and Dennis Lynch of Friends of Lake Garfield and Ken Wagner (KW) of Water Resource Services, Inc were in attendance and briefed the commission and the public on the proposed project. The two components of the NOI are the DASH and the Mechanical Harvesting. Natural Heritage has not completed their review of the NOI as of the date of the hearing. ML asked why the large leaf pond weed is to be harvested and the purpose. Mr. Wagner stated to keep areas open where large boats are docked. ML stated that there is no clear mapping of where the large leaf pond weeds were going to be harvested. Mr. Wagner stated that they actually don’t know and that they would provide a map before it occurs as stated in the NOI. Mr. Wagner stated that all the divers are properly trained. KW asked about harvesting near the public beach area. Mr. Wagner stated that there will not be any mechanical harvesting near the public beach area. KW asked the time frame of the DASH. Mr. Wagner stated that it could be done at any time and that it would it be done in two rounds approx. ten days apart and the amount of the DASH will be dependent on the funding. They may be able to complete ¼ acre per day. KW pointed out that the proposed 740K sq/ft of alteration differs from the actual alteration stated on the NOI. Mr. Wagner stated the DASH will be 430K sq/ft and the mechanical harvesting would be 3506 sq/ft. The mechanical harvesting is just an option and the town would have to come back to the commission for approval for the mechanical harvesting after the area is mapped out. ML asked Mr.Wagner to clarify on what the town is actually looking for in a possible approval. KW stated that they are seeking for approval for the DASH and approval for the mechanical harvesting contingent on a map that would be provided at a later date. Mr.Wagner explained that since Natural Heritage requires a 30 day review, submitting the request for the mechanical harvesting at the same time as the DASH would expedite the permitting process. ML asked for clarification on how close to the shore line would the mechanical harvesting be conducted. Mr. Wagner stated no less than 3 feet. KW asked if there is define area on where the DASH would be conducted on the NOI. Mr. Wagner stated that the map included and the boundaries drawn on the map is the defined area. There is no actual limit of work. KW asked about flagging the limits of work or placing floaters. Wagner stated that all the work would be done by GPS and if the divers see something outside of the limit of work, of course they would pull the weed. Wagner assured the commission that the divers are experience in what they do. Mr. Lynch stated the divers will be flagging the area while they are working. KW asked where docking for the project would occur. The workers will be using Mike Stock’s dock as a staging area. KW asked for a location disposal will occur. Mr. Wagner stated it would be off site. After discussion, it was decided that the disposal site would be conditioned at a named area off site. KW asked if a count of the number of bags harvested would be reported. It was agreed that it would be included in the report. KW also asked for a project sequence and agreed that the sequence would be weather permitting. ML questioned the submission as a limited project and whether they were harvesting beyond the interests of the Wetland Protection Act is to improve boating then it does not qualify for a limited project. Mr. Wagner stated that the mixing of the two items in the NOI makes it complicated. It is a limited project for the purposes of removing the milfoil, however, you would not need to treat it as a limited project for it to meet the performance standards. KW asked what method of pulling they will be doing. Wagner stated that they would be pulling and suction method with no dredging. Discussion followed on the town being more proactive on weed management. KW commented that the mapping of the harvesting is vague. Mr. Wagner will provide a better map. Mr. Germain offered to help with the specific locations of the harvesting. The commission reviewed the special conditions discussed. Comments from the public included: Ms., Duryea is concerned on where and when they going to be pulling and if there would be any interference with her boating. There were no other comments from the public. Due to the absence of Natural Heritage’s review, the NOI hearing will remain open, therefore; it was agreed that the hearing will be continued to the next meeting.
Discussion followed regarding an RDA for the benthic barriers to prevent weeds and whether every individual property owner would have to submit an application or a blanket application could be submitted. It was decided to wait until Natural Heritage came back with their review/conditions before submitting an RDA.
0 Limerock Rd. Letter of Potential Enforcement – Feinman
There was a letter of potential violation sent to Ms. Feinman for the cutting of trees within the buffer of a resource letter on a shared lot. Ms. Feinman stated that she was unaware of the jurisdiction of the WPA and removed the decaying trees to clean up the property. Ms. Feinman is aware that she is not the sole property owner and that when she tried to get permission to remove the decaying trees from the association, there was no reply. Ms. Feinman presented the commission with a plan for re-planting and stated that she contacted the association with a replication planting plan. As of the date of the meeting, Ms. Feinman has not received a reply from any member in the association regarding the replication planting. KW explained to Ms. Feinman that the issue was not on the agenda and they could not approve a plan if it was not submitted properly. KW advised Ms. Feinman to make an effort to contact the other property owners of the plan before submitting any application to the commission.
7 Buckingham Lane – Small – Request for Determination – proposed re-construction of existing deck including stairs to existing home within the buffer of Lake Garfield.
KW stated that a site visit was conducted and that the existing deck is in need of repair. The proposed construction would be in the same foot print of the existing. Mr. Small was in attendance to brief the commission on the proposed project. There were no comments from the commission or the public. The project was approved with a N3 with special conditions. MSV ML/JR.
14 Point Rd – Perlman – Request for Determination – proposed removal of decaying tree within the buffer of Garfield Lake.
Mr. Perlman is requesting to remove a decaying tree within the buffer. JR conducted a site visit. There were no comments from the commission or the public. The project was approved with a N3 with special conditions. MSV JR/ML.
Hume Lake – Camp Project – Purvis
KW explained that Mr. Purvis contacted her regarding the camp project and the location of the driveway. Mr. Purvis stated that he missed the hearing and would like to attend the next meeting to discuss the approved project with the commission, however; Mr. Purvis is not in attendance. There was no other discussion.
Continued Hearings & Meetings:
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.
The representative for the project was absent and unavailable to answer questions and give additional required info. KW will try to get an update from the representative before the next meeting. he ANOI is continued to the next hearing.
Enforcement and Emergency Orders:
4 Point Rd – Quagliata – EO – unpermitted activity – update
6 Point Rd - Greenwald – EO – unpermitted activity – update
KW suggested that the enforcement order be withdrawn due to the extent and circumstances of the unpermitted activity and that the property owner has agreed to do a planting of native shrubs. After discussion it was agreed to withdraw and close the EO.
18 Bidwell Rd- Frace – EO – unpermitted activity – update
Update unavailable as no work can be performed until the lake is drawn down. Continued.
Misc.:
Prior Minutes were approved
Misc. Correspondence were reviewed.
Meeting was adjourned at 7:26 PM MSV JR/ML