 |
Conservation Commission
October 15, 2009
Minutes
Land Use Meeting Room
Members present:
Chair Neal Carpenter, NC; Joe Strauch, JS; Tim Flanagan, TF; Vince Ammendola, VA; Rose Fitzgerald Casey, RFC
Absent with notification:
David Lane, DL; Dick Ferren, DF
Notice of Intent, Richard Heiss, Sargent Brook Road, Map 1 Lot 2 of Parcel 35. Continue to mow an existing 6’ wide grass path through the buffer zone and BVW to Laurel Lake; mow a 12’ by 12’ sitting area; install a boat rack, 2 pipes for attachment of removable floating dock, weed-whack parcel two times a year and remove invasive shrubs. Continued from August 21, 2008, September 4, 2008, September 18, 2008, October 2, 2008, December 18, 2008, March 19, 2009, April 16, 2009, June 4, 2009, July 16, 2009, August 20, 2009, September 3, 2009. At the August 20, 2009 meeting, the Commission decided that the applicant should be notified that it intended to vote on this NOI on September 3, 2009 as the applicant had failed to provide plans and further detail requested by the Commission in
the summer of 2008. Mr. Heiss and Gail Ceresia of Berkshire Wetland Services were sent letters, and an additional email was also sent to Ms. Ceresia. Mr. Heiss responded and asked for the hearing to be continued to October 15, 2009 at 7:30 pm so that he could personally appear. The Commission agreed to this continuation. A Special Town Meeting was called for October 15, 2009 at 7:00 pm; therefore this meeting was rescheduled to 6:00 pm.
Present were Mr. and Mrs. Heiss and Jonathan Epstein.
Mr. Heiss apologized to the Commission for not attending the previous meetings stating that he was unaware that this matter had been continued and that the consultant hired to present the NOI failed to keep him informed.
Mr. Heiss stated that he represents four families who live on the block, who did not have access to the lake until they bought this 8,000 square foot lot (65 feet of frontage) from Seven Hills. There has been a path down to the water, but the new owners want to mow a six foot wide path from road side to lake side, and add a kayak rack and floating dock. The parcel consists of over 8000 square feet with 65 feet of frontage. He stated that the location of the path is dry. There will be no use of the land except for the path and rack. The previous proposal for a seating area has been eliminated.
NC advised Mr. Heiss that the width of the path previously proposed was three feet. Mr. Epstein requested to have the wider width suggested by Mr. Heiss.
Pressure treated wood would be used for the kayak rack. It would be 12 to15 feet in width and 8 feet in length. They propose to place the kayak at the waterfront.
Mr. Heiss did not have a depiction of the path in his plan, but wanted to show the relationship of the overall square footage of the path to the total square footage of the lot. There will be no use other than the path and kayak rack.
TF explained to Mr. Heiss that this is a jurisdictional resource area and that regulations prohibit altering, which includes removal of vegetation. The placement of the kayak rack would alter the wetland, and if approved, replication of the area would have to be done at 1.5 times the altered area. The narrow path is a pre-existing alteration, and the owners can continue to maintain that use. The placement of the floating dock would also require a separate permit from the DEP. Mr. Heiss argued that they are only proposing to alter 50 to 60 square feet of 8000 foot lot that is part of a 2400 foot watershed.
Discussion ensued and the Commission advised Mr. and Mrs. Heiss and Mr. Epstein to get another wetland scientist and have the property re-delineated and to denote replication of any wetland area that is to be disturbed.
The applicants chose to not withdraw but continue the hearing to June 17, 2010 at 7:30 pm.
Note: On October 1, 2009, there were no applications. The Commission went to a workshop in Lee on lake management put on by Massachusetts DEP.
Respectfully submitted,
Peggy Ammendola
| |
