PUBLIC HEARING/MEETING - MINUTES

Meeting Date: April 25, 2024                           Meeting Time: 4:00 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: 4:00 PM

Row Call:  Chair Noel Wicke (NW), Kathryn Roberts (KR), Pauline Balducchi (PB), Donald Hutcher (DH) , Mike Germain (MG), K. Wetherell (KW)

Noel briefed the public and the commissioners on the standard ground rules for hearings.

HEARINGS AND MEETINGS:

New:

Public Meeting: WPA Request for Determination, 100 Gould Rd, submitted by Gould Farm for native planting within the buffer zone of pond.

Amy Delingham of Gould Farm briefed the members of the proposed project.  A site visit was conducted prior to the meeting by all members.  The proposal consists of landscaping around a fire pond to include native plantings.  PB questioned the extent of the planting.  Discussion ensued that some of the plantings will be a benefit to shade and cover some of the nonnative invasives growing on the bank of the pond.  The request was approved with a N3 with the special conditions: 1. Only pervious landscape material to be used.  2. A site visit to be conducted after a 1-year planting to analyze the progress of the plantings. 3. Any plantings that fail will be replaced by the applicant.  PB/MG MSV 

Public Meeting: WPA Request for Determination, 452 & 436 Main Rd, submitted by Town of Monterey for proposed trail and associated work within the riparian of the Konkapot River.

Representative Robb Hoggs briefed the members on the proposed project.  Hoggs is requesting not to put in silt fence or bales.  All work will be done by hand.  The applicant is requesting to add the removal of invasive barberry to the request by cutting flush to roots or hand pulling.  KW explained that request incorrectly states that the work is in buffer zone.  Buffer zone does not apply to riparian of riverfront. Special Conditions: 1. Hand Pruning only within the allowable width of trail (30”).  2. Applicant to notify Commission where wood chips come from prior to laying chips.  3. Pervious landscape fabric only.

MSV DH/KR as submitted N2

Continued:

Public Hearing: WPA Notice of Intent DEP File #230-0XXX, 10 Riverwood, submitted by Town of Monterey for storm water and erosion improvements in the riparian of the Konkapot river.

The applicant requested a continuance.  Continuance granted.

NW/MG MSV

SMA NOI – File #2024-01 – 78 & 58 Chestnut Hill Rd, Map 235, Lot 026 - Hume Lake Christian Camps- for the proposed construction of a 12 site, Recreational Vehicle family camp area and associated site work.  The proposed activity lies within the Scenic Mountain Act.

Members conducted a site visit prior to the meeting and were briefed on the proposed Project

PB commented on the extent of the tree canopy and the number of hard wood trees being removed from the site.  PB questioned why the RV sites can’t be placed closer together.   NW commented that the storm water swales were not flagged as requested.  NW questioned why the site couldn’t be some where else.  Applicant replied that they wanted the site not to be located near the athletic area. Michael Kellog of Berkshire Engineering explained that the proposal complies with the interests of the SMA.  MG commented that one of the main interests of the SMA is to preserve Scenic Quality.  MG questioned why a permeable pavement isn’t being considered to reduce storm water run-off.  MG commented that Chestnut Hill is a watershed for Lake Garfield.  MG suggested using a peer review for the proposed project.  Motion to retain a consultant to conduct a full third-party review for the proposed NOI, funded by the applicant, NW/MG MSV.  Motion to continue to next meeting.  NW/MG MSV

Misc.

Request to Amend - DEP 230-0287 – 10 NW Cove – submitted by Wood to Stone for driveway s and Lake Stairs improvements

Brian briefed the members on his request for the proposed amendment. Slip lining the culvert at the end of the driveway to reduce erosion from storm water run-off and modifying the support system for the proposed stairs leading down to the lake.  KW would like more time to research the nature of the stream whether it is perennial or intermittent. KW recalls that there may be a restriction by DEP on slip lining stream crossing culverts.  Brain briefed the members that he would like to change the support system from driving steel piles to a wood system.  The wood system will be easier to install with the current amount of ledge and be less impactful to the buffer zone.  All work will be done by hand. KW read a public comment by Michaael Gilberg, Owner of Kutsher’s Sports Academy, in support of the culvert improvement. Motion to amend the material of support system of stairs to wood.  Motion to wait until KW can obtain more information on the slip lining of stream crossing culvert in end of driveway.  NW/MG MSV

Request to Extend – DEP File # 230-0250 – Stevens Lake – submitted by Solitude Lake Management

Solitude briefed the members the continued management of nuisance plants.  Solitude generally treats in May. PB questioned herbicide control.  Diquat is used in May and July for the control of phragmites.  Additional control of cattails is instructed by property owners.  Discussion ensued about using Diquat which is no longer allowed by fisheries in other protected waterbodies and maybe another herbicide should be used.  PB would like to see another NOI for any future herbicide control.  Motion to extend the Order for only one more year.  The applicant is expected to submit a new NOI. DH/MG. The motion carried with the following votes.  PB-No, NW-Yes, KR-Yes, MG-Yes, DH-Yes.

Request to Extend – DEP File #230-0242- Lake Garfield – Submitted by Town of Monterey

MG recused himself and departed the meeting.  Representative and Wetland Scientist, Hillary Kenyon, briefed the members on the request to extend the Order.  The drawdown is a mitigation for flood control and invasive plant species control. Fisheries of NHESP is not in favor of the 6-foot drawdown and will not give an approval. NW questioned if the applicant has ever conducted a study on wild life impacts.  No study has not been conducted.  Property owner Chris Tryon commented how important the 6-foot drawdown is to avoid property damage.  DPW Jim Hunt commented that the dam is an open and close design and the rate of flow cannot be monitored.  NW commented that the last extension granted was supposed to be the last and that a new NOI was expected.   NW commented that the environment has had a lot of change since the last Order was issued in 1974. Chris Tryon as a property owner requests that the commission extend the order.  PB questioned the dam schematics and if the town should be thinking about upgrading the dam as a climate project.  NW motioned to not extend the NOI.  DPW Jim Hunt stated that is mechanically impossible to obtain any other drawdown except for 6 feet.  Motion to deny the extension NW/PB MSV. 

Enforcement/ Emergency Orders:

8 Dowd – Enforcement – Update

Representative Chris Tryon briefed the members on a new design for the dock that was unpermitted.  A new NOI will submit at the next meeting.

90 Beartown Mt. – Potential violation

KW will reach out to property owner and, if necessary, issue an EO.

Public Input and Comments for Items not on the agenda

N/A

MISC:

Request to Withdraw RDAs – BRPC - tabled

Minutes – Approve previous meeting minutes - tabled

Correspondence – Misc. Mail, Warrant Details, Monthly Acct. Reports, PE Reports

Agent Report – tabled

Meeting adjourned due to another meeting scheduled for conference room.

Adjourn 6:50 PM