Conservation Commission Meeting Minutes 8/21/23
PUBLIC HEARING/MEETING
Meeting Date: August 21, 2023 Meeting Time: 6:00 PM
Meeting Place: 435 Main Rd., Monterey Town Office. Conference Room
Members Present: Noel Wicke (NW), Tim Lovett (TL), Kevin Moody (KM), Kim Wetherell (KW), Agent
Hearing/Meeting Opened: 6 pm.
HEARINGS AND MEETINGS:
New:
WPA RDA, 237 Beartown Mt. Rd, for the for the proposed removal of hazardous trees within the riparian of perennial stream.
The property owner briefed the members on the request. A site visit was conducted by the Chair and Agent. John Field tree service has been retained to remove the trees limb by limb and stump flush to the ground NW advised replicating additional woodland plants if new tree plantings are difficult. Request was approved with Monterey Standard Conditions. NW/KM MSV
WPA RDA, 435 Main Rd, for the for the proposed removal of hazardous trees within the riparian of Konkapot River.
Jim Hunt DPW briefed the members of the request. John Field tree services has been retained to for removal. Stumps are to remain. Request was approved with Monterey Standard Conditions. NW/TL MSV
WPA RDA, 23 Stevens Lake Rd, for the proposed resurface of a driveway within the buffer zone of Stevens Lake.
Property Owner, Mary Kate Jordan, briefed the members on the request. NW expressed concern of storm water runoff. Metcalf Paving has been retained as the contractor. KM expressed concerns of deicing methods and storm water runoff during the construction. Contractor is to request a site visit prior to start of resurface. Request was approved with Monterey Standard and Special Conditions. NW/KM MSV
WPA RDA, 14 Bidwell, for the proposed removal of a hazardous tree within the buffer zone of Lake Garfield.
KW briefed the members on the request and conducted a site visit prior to the meeting. Members agreed that Blueberry Shrubs to be planted if tree replication is difficult. Request was approved with Monterey Standard & Special Conditions. KW/TL MSV
SMA RDA, 3 Mt. Hunger Rd, for the proposed removal of hazardous trees within the Scenic Mountain Act (SMA) mapped region.
KW briefed the members of the request. An Emergency Permit was issued prior to the meeting. Request was approved with Monterey Standard Conditions. NW/TL MSV
WPA RDA, 225 Hupi Rd, for the proposed install of Pond Bubbler & related site work within a private pond and BVW.
Members were briefed of the request by Foresight Land Services. Bubbler is currently installed and the request also includes the removal of downed trees. Request was approved with Monterey Standard Conditions. NW/TL MSV
WPA NOI, 36 Elephant Rock, for the proposed addition to a single-family home and associated site work.
Tyler Weld briefed the members on the notice for the proposed project. NW questioned the Square Footage of the proposed addition. KM questioned if current septic system is adequate for the addition. System was previously approved for a 3-bedroom home and is located across road. Field Tree Service has been retained to remove the trees by the method of using a crane. SK Design has been retained to engineer foundation plans. KM commented of a standard for new construction. Hearing was opened for public comment. Abutter Nancy Monk of 32 Elephant Rock is concerned how the project will be laid out in relation to her property. Ms. Weld shared the architectural plans with Ms. Monk and explained there would be no impact to her property. Ms. Weld assured the commission that most of the project will be done by hand and small machinery. Ms. Weld shared the proposed project with property abutter of 36 Elephant Rock. It was agreed to continue the hearing to October meeting so that Ms. Weld can provide plans for erosion control swales and replication plans. KM/NW
WPA NOI, Lake Garfield, for the proposed management of invasive plant species.
Dennis Lynch, Mike Germain, and Hillary Kenyon (via conference call) briefed the members of the Notice for Lake Garfield. KM questioned the method and timing of the drawdown. with:
"Drawdown is between October and February. DPW Supervisor Jim Hunt explained that the 6-foot vertical drawdown is necessary most years to allow for inspection and maintenance of the flood control infrastructure. The current dam was built for flood control. The 6-foot vertical drawdown helps control invasive nuisance species such as Eurasian watermilfoil, but vegetation management does not drive the 6-feet decision. This means that the 3-foot value used by Fish and Game is not controlling here."
Ms. Kenyon commented that the drawdown helps to reduce Milfoil and mentioned that the 2015 NHESP review concluded a “No Take” and that current opinions/publications should be respected as a “case by case” analogy. A comment from Monterey’s DPW, Jim Hunt presented to the members for their review. Mr. Lynch commented that the current Notice states that the drawdown proposed is for “up to 6 feet.” Jim Hunt commented that there will be variables for a 6 ft drawdown such as weather related. Ms. Kenyon suggested a staff gage to monitor drawdown ranging from $100 to 600 & Aquatic monitoring to be done once a year. Ms. Kenyon explained that if a 6-foot drawdown is not done then the north basin may not see any benefit of the aquatic management. Chris Tryon commented that as owner of multiple properties in the flood zone, a 6-foot drawdown protects lake front property. The hearing was closed. KM/NW MSV
The Intent was approved for 5 years as submitted with Standard and Special Conditions:
Monitor of Drawdown by the method of a Gage. Annual Report (digital and hardcopy) to be submitted every year on or before November 30. Report to include: date of drawdown, re-fill, and data from Gage drawdown. Report to also include aquatic plant survey, DASH survey. The Order of Conditions to be issued after September 15th. KM/NW MSV
Continued:
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.
Nellie Wilson of Butternut Tree Service briefed the members of the request. NW commented that the hardwood trees should stay. The request was approved with standard and special conditions. Stumps to remain at 10 feet. Hardwood trees to remain. 3 trees total to be removed. 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 to remove the hazardous tree. Request was approved. TL/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.
An emergency permit was issued to remove the hazardous tree. Request was approved. TL/KM MSV
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 and the property owner, Shannon Castille briefed the members on the Notice and update. Existing septic system is not noted on plan. "KM expressed concern that potential environmental impacts and pathways remain difficult to predict given the content of the application. "KM reported that, by his calculation, the work falls under jurisdiction of the Scenic Mountain Act." KW and KM suggested a third-party review to clarify alternative life cycle impacts to protected resources and related issues." Discussion ensued about existing conditions and proposed conditions. Proposed septic design has not been approved by BOH. Tryon stated that BOH wants to Con Comm to approve prior to BOH approval. A Rain Garden was suggested and a native shrub replacement of one to one for replication. NW requested additional erosion control around slurry pit. KM requesting a management to remove invasives. Landscape management plan in 6 months for invasives including schedule of method of removal. Sediment Control quality site inspections monthly report. Septic System Design approval to be submitted to Con Comm prior to start to work. Public Hearing was closed. The Intent was approved as submitted with Standard and Special Conditions: Plan for Rain Garden Swales. One to One Shrub replacement for replication. Additional erosion control around slurry pit. Management Plan for removal of invasives to be submitted in 6 months including schedule and method of removal. BOH septic design approval to be submitted to Con Comm prior to start of construction. Sediment Control quality site monthly report during construction. 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.
Hearing continued to next meeting. No Comments.
Extensions:
Lake Garfield – DEP File 230-0300- Request to Extend
Approved for 30 Days. TL/NW MSV
Emergency Certifications:
9 Point Rd – Ratify – Approved KM/TL MSV
3 Mt. Hunger – Ratify– Approved KM/TL MSV
0 Hupi Rd - Ratify– Approved KM/TL MSV
Certificates of Compliance:
30 Elephant Rock Rd – DEP File 230-0313– Required Site visit was conducted by agent and the Order has been complied with. Approved KM/TL MSV
Enforcement/ Potential Violation Orders:
8 Dowd – Enforcement -Continued - Update
Berkshire Geo Tech has been retained to draft a NOI and submit.
24 Seven Arts – Potential WPA Violation – Update
Kyle Haver commented on the history of the dock and the need for the location to deter encroachment by abutters. Berkshire Geo Tech. has been retained to draft the NOI. State may issue a variance for the location.
12 Dowd – Potential WPA Violation – Update
Richard Montgomery of 6 Dowd Rd. commented that there has been no change and erosion continues and sediment is entering the lake. Culvert on 8 Dowd was moved and cannot handle the construction storm runoff. Mr. Carry of 30 Broderick Rd. commented that the construction of the septic system is also cause of erosion.
It was agreed to issue an Enforcement Order to the property owner. KM/NW MSV
Public Input and Comments for Items not on the agenda: N/A
MISC:
Conservation Commission Fees – Review and discuss increase.
Approve Jan 1. Post on website. KM/TL MSV
Local Wetland and Scenic Mt. Bylaws – Review and discussion – Tabled to next meeting.
Minutes - Approve previous meeting minutes-Approved with minor spelling corrections. NW/KM MSV
Correspondence – Misc. Mail, Warrant Details, Monthly Acct. Reports, PE Reports
Reviewed. Tim Lovett was thanked for his dedicated service to the commission and would be greatly missed.
Adjourn
Meeting adjourned at 10:15 PM TL/KM MSV
Approved: 9.11.2023 KM/NW MSV