Conservation Commission Meeting Minutes 7/10/23

Meeting date: 
Monday, July 10, 2023
MINUTES
 
Meeting Date: July 10, 2023 Meeting Time: 6:00 PM
Meeting Place: 435 Main Rd., Monterey Town Office.  Conference Room
 
The Conservation Commission for the Town of Monterey will hold a public hearing/meeting pursuant to M.G.L., c 131, sections 39A & 40, the Scenic Mountain Act and the Wetland Protection Act to act on the following:
 
Meeting Opened at 6 PM
 
Commissioners Present:  Chair Noel Wicke NW, Kevin Moody KM, Tim Lovett TL, Kim Wetherell, Agent KW
 
 
HEARINGS AND MEETINGS:
 
Continued: 
 
WPA NOI, 4 Sylvan Rd, Map/Lot 101/047 for the proposed construction of a single-family home, dock, and associated site work within the buffer and resource area of Lake Garfield.
Chris Tryon of Berkshire Geo Tech briefed the members on the Notice of Intent of removing the existing structure (boat house) and rebuilding a single-family home, removing trees for a new subsurface system, replacing a retaining wall including a revision to add a dock.  KM questioned the retaining wall construction.  NW questioned the size of the new home and the amount of tree removal.  KM is concerned with the conversion of the current boat house to a single-family home and the long-term effect to the resource area.  KW questioned if the delineation was conducted and the potential SMA jurisdiction.  Chris Tryon replied that his office completed the delineation and he challenges the SMA jurisdiction. KW advised that the extent of the project might warrant a third-party peer review to determine the impact on the resource area.  KM commented a need for an assessment of the new construction and the impact on the resource.  KM and NW both agreed that they both need additional time to review the revised plan.  Motion to continue the hearing to next meeting for further review of revisions.  KM/NW MSV
 
WPA NOI, 0 Phelps Rd, Map/Lot 103/38, for the proposed construction of a single-family home and associated site work within riparian of perennial stream.
Chris Tryon of Berkshire Geo Teck has retained Stockman Assoc. to complete the required delineation and requested to continue to the September meeting.  Motion to continue the hearing to September. KM/NW MSV
 
WPA RDA, 11 Lime Rock, Map/Lot 102/68 for the proposed pesticide treatment within the buffer zone of Lake Garfield.
The applicant provided the information sheet for the pesticide proposed to be used.  Members approved the request as submitted N2 Monterey Standard & Special conditions. KM/NW MSV
 
WPA RDA, 0 Main Rd, Map/Lot 227/19 filed by Ann Canning for the proposed associated site work for a single-family home. 
The applicant/property owner briefed the members on the recent delineation.  Members approved the request as submitted N3 with Monterey Standard & Special Conditions. NW/KM MSV
 
WPA RDA, 8 Laurel Banks Rd, Map/Lot 113/041 filed by Butternut Tree & Land for the proposed removal of trees in the buffer zone of Lake Buel.  Members agreed to continue to next meeting so trees can be tagged and site visits can be conducted. NW/KM  MSV
 
New:
 
WPA RDA, 32 Laurel Banks Rd, Map/Lot 113/029 filed by Gino Furio LLC for the proposed construction of a deck and associated site work within the buffer zone of Lake Buel.
Mr. Furio briefed the members on the proposed project.  Construction of the project will be completely done by hand.  Mr. Furio request to revise the existing 7 ft. wide dimension of the deck to 10 ft wide.  Members agreed that no more than 30 inches will be added to the deck and no more than 6 extra inches to be added to the entry way.  Dumpster will be staged across road.  The request was approved as submitted with revisions and Monterey Standard & Special Conditions.  NW/KM MSV
 
WPA RDA, 9 Point Rd, Map/Lot 102/018 for the removal of a hazardous tree within the buffer zone of Lake Garfield.
An emergency permit was issued contingent on the applicant to submit an RDA.  The RDA was not submitted in time for the meeting. Continued to next meeting so a site visit can be conducted NW/KM MSV
 
WPA RDA, 0 Hupi Rd, Map/Lot 103/023 for the proposed removal of hazardous trees in the buffer zone of Lake Garfield.
Continued to next meeting so a site visit can be conducted NW/KM MSV
 
Emergency Certifications:
9 Point Rd – Ratify
Members ratified the Permit NW/KM MSV
 
Enforcement/ Potential Violation Orders:
 
8 Dowd – Enforcement -Continued - Update and discussion
The property owner and the representative briefed the members on the status.  Delineation has been scheduled but not completed.  The property owner is expressed his concern on the abutter’s project at 12 Dowd.  KM questioned the drain easement and the run off and overfill at the drain.  Members agreed to continue to the September meeting.  KM/TL MSV.
 
35/36 Fairview – Potential WPA Violation
KM will do a site visit from the road side and report back to the Commission at the next meeting.
24 Seven Arts – Potential WPA Violation
KW advised the members that the property owner intends to submit an RDA or NOI for the placement of the dock.
 
12 Dowd – Potential WPA Violation
KM will draft a report of site visit conducted and will send to property owner.
 
Public Input and Comments for Items not on the agenda
 
MISC:
Update of Conditions for Lake Garfield draw down extension.
KW advised the members that reports were not a condition for the Order.
 
Cronk Rd – Property Owner:  Karen Allen – National Grid potential placement of poles
An application has not been submitted by National Grid.  Members agreed to not to continue and not to act until an application is submitted.
 
Agent – Re-Appoint – Approve
Members approved the appointment for 1 year.  NW/KM MSV
 
Minimum Submission Requirements – Discussion and approve
Members agreed to the draft for submission requirements and it will be posted to the website effective immediately.  It was also suggested to add permission slips for site visits to the requirements.  KW will draft. NW/KM MSV
 
Conservation Commission Fees – Review and discuss increase
Members will do a final review and make a determination.  KM/NW MSV
 
MACC Membership Dues – Approve
Approved NW/KM MSV
 
Local Wetland and Scenic Mt. Bylaws – Review and discussion
KW distributed a section of a draft bylaw to the members to review, edit, and comment at the next meeting.
 
Minutes - Approve previous meeting minutes 
June minutes were approved NW/KM MSV
 
Correspondence – Misc. Mail, Warrant Details, Monthly Acct. Reports, PE Reports
No correspondence to review.
 
Adjournment: 8:51 pm  NW/TL MSV
 
 
 
APPROVED: NW     DATE: 8.21.2023