CONSERVATION COMMISSION
Town of Monterey, Massachusetts
MEETING DATE: 7/14/08
Present: Timothy Lovett, Christopher Blair, Judith Bach and David Dempsey
The meeting convened at 6:35p.m.
Levkoff, 26 Eaton Rd – NOI #230-0246 & SMA RDA– improve existing walkpath, construct new walkpath and beach area and install a dock with a boardwalk on Lake Garfield (D. Dempsey is the project manager)
T. Lovett recused himself from this hearing due to a conflict of interest. Mike Kulig of Berkshire Engineering reviewed the proposed project with the Commission for both the WPA and SMA filing. The Commission questioned why the applicant had filed an RDA under the SMA to which they stated that the slope was greater than 15% on the path outside buffer zone. The Commission confirmed that the areas that were not bank and were out of the WPA buffer zone would fall under the SMA Regulations if the slope was greater than 15% in those areas, which Mike said were. There is a proposal to redo the house, which is not in the SMA region and was not submitted in this application. Plans were submitted at the meeting not included with the original application for a dock. The rep for the applicant
confirmed that there isn’t a dock license currently issued to the applicant (it’s in the process) but there are remnants of an old dock. In addition, the applicant also wants to add a storage shed for kayaks. Comments from DEP and the National Heritage were reviewed. The Commission informed Mike that the NOI will need to be updated to include the additional information/projects provided tonight. The Board asked who would be supervising the project and Mike didn’t know. Because there are a lot of changes the Commission continued the hearing and requested further information be provided. Representatives for a neighbor (Mr. Hack) commented on the current plans; they requested that the Commission not act on the application until a Chapter 91 license has been approved and they requested that a condition be placed on this application that if the owner decides to renovate their house that they also submit that project to the National
Heritage Project for review. C. Blair noted that any building project brought to the Building Department first has to fill out a Conservation Commission Project Review form that the Commission has to sign off on prior to a building permit being issued. Another representative for the Hacks brought up concerns about the BVW and Bank delineations shown on the proposed plans. Questions about a maintenance plan for the beach and where the sand would be coming from were asked. If a Chapter 91 permit has not been issued by the August meeting, it is likely the meeting would be continued again until that is received.
For Discussion:
1. Mail was reviewed.
a. Letter received from the Parks Commission dated July 5, 2008 stating that one load of new beach sand was delivered.
2. Minutes from 6.24.08 were approved as written.
3. The Commission discussed the letters sent to Mr. Jaffe of Hupi Rd (and cc’d to the Harbormaster and caretaker) regarding some split rail fencing that has wire mesh on it that is not allowed (it does not allow animals to pass to and from the water) and some fencing which was put in the water which is also not allowed. No response was received from any of the parties to whom the letter was sent. C. Blair will email the caretaker and if a response is not received or if the fencing is not removed an Enforcement Order will be issued at the August meeting.
4. D. Dempsey brought the Commission up to speed on a conversation he had with Don Bernard and some docks located on his former properties that might not have Chapter 91 licenses. A site visit will be made and an enforcement order will be sent as a RDA should’ve also been filed in addition to the Chapter 91 application. The docks are located between the Nault property and the camp.
5. The Commission reviewed the Special Permit Application for KSA-MASS and responded with their opinion to the ZBA.
Meeting adjourned at 8:45pm
Submitted by: Melissa Noe, Inter-Departmental Secretary
cc: Conservation Commission Board Members
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