Conservation Commission Meeting Minutes 9/11/23
Monterey Conservation Commission
PUBLIC HEARING/MEETING
MINUTES
Meeting Date: September 11, 2023 Meeting Time: 6:00 PM
Meeting Place: 435 Main Rd., Monterey Town Office. Conference Room
Members Present: Noel Wicke (NW), Kevin Moody (KM), Mark Little (ML), Kim Wetherell
(KW), Agent
Meeting Opened: 6:02 pm.
Meeting started with KM requesting a moment of silence for the victims of 9.11
Representative, Andrea Kendall of LEC Environmental approached the Commission to request a continuance of the NOI submitted on behalf of Mass Electric. Ms. Kendall explained that her office failed to notify the abutters of the proposed project, a requirement of MGL Chap. 131, sec. 40. NW read into record the sworn affidavit that was included with the submitted NOI package notifying the abutters of the proposed project and public hearing. NW questioned the submitted affidavit. Ms. Kendall replied it was administrative mistake. NW reminded the applicant that all submittals are treated with the same standards and continuing submittals for being incomplete is a practice that is not generally tolerated. Motion to continue to a later date to be determined NW/KM MSV. Abutter, Karen Allen commented that there are discrepancies in the application. Ms. Allen is requesting enough continuance to give her enough time in the application so she can do some research and contact NHESP. Ms. Allen also commented that she believes the proposed location of the poles are in a flood zone. It was agreed to continue to a later date. The representative and the abutters will be notified of the next scheduled hearing for the proposed project.
HEARINGS AND MEETINGS:
New:
WPA RDA, 29 Lakeside Terrace, Map 233, Lot 010, submitted by Freundlich, for removal of hazardous tree within the buffer zone of Lake Garfield.
An Emergency Permit was requested to remove the tree. A site visit was conducted and the Emergency Permit was issued with the condition that an RDA be submitted.
The RDA was approved and the Emergency Permit ratified. NW/KM MSV
WPA RDA, 56 Sylvan Rd, Map 103, Lot 59, submitted by Rothschild, for the proposed construction of an addition and associated site work to an existing single-family home within the buffer zone of Lake Garfield.
Representative Parsons and Reynolds briefed the members on the proposed project. Approved as submitted NW/KM MSV with standard conditions
WPA RDA, 153 Hupi Rd, Map 103, Lot 30, submitted by Brind for the proposed construction of a garage and associated site work within the buffer zone of Lake Garfield.
Representative Parsons and Reynolds briefed the members on the proposed project. There is a current DOA but is about to expire. The new request is identical except for adding 2 feet to the previous request. KM asked a set of questions about impacts & mitigation value of culvert, a vegetated swale, and rip rap. Parsons explained the discharge from the new roof would be directed to the rip rap and swales. The project was approved with standard conditions NW/ML MSV.
SMA NOI, 99 Hupi Rd, Map 105, Lot 018, submitted by Howard for the proposed construction of a garage and associated site work within the SMA mapped region.
Parsons and Reynolds briefed members on the proposed. Architect, Ryan briefed members on design. KM asked about ridge line height. The new height is not any higher than the existing home and within the SMA requirements. Total Elevation is 1534 ft 34 feet above SMA Regs. 2600 sq/ft of total clearing less than is 5000 sq/ft. which is not an alteration under the SMA. KM asked about and the effectiveness of existing water supply and septic system over the life of the project. No public comments. Motion to close the hearing and approve as submitted with standard conditions. KM/ML MSV.
SMA NOI, 0 Beartown Mt. Rd, Map 217, Lot 028.3, submitted by Knowlton for the proposed construction of a single-family home and associated site work within the SMA mapped region.
Representative, Aaron Biasin of White Eng. briefed the members on the proposal. The proposed is not within the mapped area but is more than a 15% slope. KM asked about erosion control during the construction. Erosion Control was identified on the plan. KM asked about a planting list. A planting list is included in the proposal. KM asked about the need for a reserve area for septic field. It was explained that the reserve area is a backup for a failure. No public comment. Motion to close hearing and approve with standard conditions. KM/NW MSV.
WPA NOI, Cronk & Sandisfield Rd Rights of Way, submitted by Mass Electric Company for the proposed install of utility poles and site work within the riparian of a perennial stream and BVW.
Proposed project was continued at the beginning of meeting. See above.
Continued:
WPA NOI, DEP #230-0345, 36 Elephant Rock, Map 105, Lot 033, submitted by Sloan for the proposed addition to a single-family home and associated site work within the buffer zone of Lake Garfield Applicant requested to continue to next meeting. Motion to continue NW/KM MSV
WPA NOI, DEP #230-0341, 0 Phelps Rd, Map 103, Lot 038, submitted by Myers for the proposed construction of a single-family home and associated site work within riparian of perennial stream. KM is not if favor of continuing for unpreparedness. Representative, Chris Tryon of Berkshire Geo Tech assured commission that the NOI will be submitted complete or withdrawn by the next meeting and that the applicant requests the continuation. Motion to continue to next meeting. NW/KM MSV
Extensions:
Town of Monterey DPW – DEP #230-0288 – Request to extend
Motion to Extend for 3 years. KM/NW MSV
Emergency Certifications:
29 Lakeside Terrace– Ratify
Ratified earlier in the meeting.
Certificates of Compliance:
64 Worth Lane – DEP File #230-0311
Site visit was conducted by the agent. Motion to approve full compliance KM/NW MSV
Enforcement/ Potential Violation Orders:
8 Dowd – Enforcement -Continued - Update
Continued to next meeting.
12 Dowd – Potential WPA Violation – Update
Keith Wilkinson of Wilkinson Contractors, Architect, Valerie Wingate and Mike Kulig of Berkshire Eng. Representatives of the property owner were present. Mike Kulig explained that a Negative Determination was issued by a previous commission. A culvert was moved by the abutter resulting in storm water discharge relocating. Discussion ensued on a solution to control the current erosion stemming from the construction. Members agreed to meet on site with the representatives to review storm water and erosion control plans. It was advised to elect a member of the commission to mediate on site and make any necessary decisions or amend the Enforcement Order on behalf of the commission. Decisions and/or Amendments would be ratified at the next meeting by the members. Motion to designate KM as a mediator for the commission for the site visit and approve any amendments. ML/NW MSV
Public Input and Comments for Items not on the agenda
MISC:
Project Review: 40 Elephant Rock – Agent will sign off if there is no jurisdiction.
Hume Camp – Ratify OOC DEP File #230-0318 -Ratified NW/ML MSV
Emergency Permit Fee – Discuss and Approve-Approved $150 Emergency Permit Fees effective the 2024
Local Wetland and Scenic Mt. Bylaws – Review and discussion - Continued
Minutes - Approve previous meeting minutes - Approved NW/KM MSV
Correspondence – Misc. Mail, Warrant Details, Monthly Acct. Reports, PE Reports
Report for Roadside Café was reviewed
Schedule Meeting Dates for October, November, and December
Agent will coordinate dates
Move to Thursday night meetings.
Approved 3rd Thursday meetings 2024
Brewer Pond Blazing:
NW presented trail markers proposed by Greengages for the trails.
Adjourn: 8:29 /KM MSV
Approved: 10.2.2023 NW/KM MSV