Conservation Commission Meeting Minutes 9/8/22

PUBLIC HEARING/MEETING

Meeting Date: September 8, 2022                                         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:

Members Present: Tim Lovett (TL), Dave Dempsey (DD), Noel Wicke (NW), Kevin Moody (KM), Agent: Kimberly Wetherell (KW)

Meeting Opened:  6:00

Reorganization of the Commission:  Discussion/Approve

A motion was made to nominate NW to Chair the Commission to the end of the fiscal year MSV DD/TL

HEARINGS AND MEETINGS:

CONTINUED:

Public Hearing: NOI, Map 102, Lot 073, File #230-330, 20 Lime Rock, Property Owner: Edelstein filed by Berkshire GeoTech for the proposed improvements to an existing deck, sea wall, and walkway within the buffer zone of Lake Garfield.

NW continued the meeting at 6:04.  Chris Tryon briefed the members on the project.

KM questioned the dimensions of the retaining wall – approx. 3 ft.  KM asked the depth of the wall – boulder wall, approx. 16 feet. KM asked elevation.  MESA has reported jurisdiction of a protected plant species within the limit of the project.  Tryon stated that the due to the MESA determination, the project will be delayed to next year. DEP Comments were addressed by Tryon. A request for public comment. No Comments. A motion was made to close the hearing.  The hearing was closed DD/TL MSV.  Discussion ensued to approve the Order with the condition that no work starts in Natural Heritage Jurisdiction.  Emily Stockman will be retained as a botanist to conduct the wildlife evaluation.  The project was approved as submitted with standard and special conditions.   DD/TL MSV.

NEW:

Public Hearing: NOI, Map 109, Lot 009, File # 230-332, 8 Dowd Rd, Property Owner: Ryan & Judith Safady filed by Berkshire GeoTech for the proposed installation and associated work of walkway, deck platform, and dock in the resource area of Lake Garfield.  Public Hearing opened at 6:46 pm.  Chris Tryon representing the property owner briefed the commission on the project.  NHESP has not completed their review.  The new culvert is creating silt run off into the lake per the site visit conducted today. Discussion ensued the problem with the culvert.  Suggestion of a catch basin.  Comments from DEP were addressed.  Proposal consists of altering 20 feet of bank more than 10% as regulated by WPA.  Richard Montgomery, an abutter, commented that the culvert was on the other side of the property prior to the new owners.  The project was continued as requested by the applicant to the next meeting.  TL/DD MSV.

Request to Extend:

DEP File # 230-0300 – Lake Garfield – Eurasian Milfoil Harvest (DASH)

Dennis Lynch briefed the members on the continued maintenance of the harvesting and the need for an extension to the order. Discussion ensued if the harvesting is making a positive impact and it was noted that there was some noticeable progress. The request to extend for another year was approved. DD/KM MSV

Request to Amend:

37 Stevens Lake Road WPA Form 2 – Ratify (6.16.2021) and Amend

KW explained the determination is missing signatures.  The property owner, Mr. Hartman, briefed the members on his request to amend the Determination to add a catch basin to prevent any further storm water runoff from the construction of the home.  The request was approved.  DD/KM MSV

Emergency Permits - Ratify:

3 Lake Side – Removal of decayed trees posing a hazard to public safety

The Emergency Certificate was ratified.

32 Sandisfield – Removal of decayed tree posing a hazard to public safety

The Emergency Certificate was ratified

Public Input and Comments for Items not on the agenda:

No Public Input or Comments

MISC:

New Members – N/A

Minutes - Approve previous meeting minutes – Minutes were approved.

21 Point – Ratify OOC April 2021 – Members ratified the Order including the Standard Order of Conditions.

153 Hupi Rd - OML Complaint – Determination – Review & Discussion

Members reviewed the determination.

8 Dowd – EO – Update – Discussion

The required NOI was continued (see above)

Annual Town Report FY 2023 – Discussion

KW will add Chris Blair’s narrative & draft the report for the members to approve and submit.

Discuss adding fees to filings with Conservation Commission and Line budget appropriation for Agent

A request has been submitted to the Select Board to increase agent’s appropriation. Continued to next meeting.

Sign Offs - Building Permit Applications & Project Reviews

It was agreed that NW will be assigned Building Permit Applications and Project Reviews to the end of 2022

Review Correspondence – Misc. Mail, Warrant Details, Expense Account

Reviewed

Agent Report – Approve Time Sheet

Approved NW/TL MSV

Meeting Adjourned at 9 pm.

Minutes Approved : 10.17.2022 Noel Wicke, Chair