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Conservation Commission Minutes 8/11/08
CONSERVATION COMMISSION
Town of Monterey, Massachusetts
                                                                        
MEETING DATE: 8/11/08
Present: Richard Andrus, Judith Bach and David Dempsey
The meeting convened at 6:10p.m.

Lombardo Group, Pixley Rd (Blue Heron Landing) – NOI – deconstruct 8 existing buildings down to the foundations and reconfigure the existing 6 lots with apartments into 3 single family home lots. (R. Andrus is the project manager)
David Hellman, Attorney for the Lombardo’s, Marc Volk of Foresight Land Services.  The Lombardos plan to demolish the existing buildings and make the one lot into three single-family house lots to be sold as they are.  The property is located in the 100 year flood plain and the riverfront area.  To preserve the future development they are keeping the foundations in place so that someone who are to rebuild would be able to file within the 200 foot riverfront area.  The current homes that are on cribbing right now are going to be demolished completely.  A supplemental narrative was provided to the Board that incorporated DEP’s suggestions.  A motion was made and seconded to approve the project as submitted.

Levkoff, 26 Eaton Rd – NOI #230-0246, SMA NOI 08-03 and SMA08-02 RDA (D. Dempsey is the project manager)
Pam Sandler, Architect and Ann Bruzzi, Engineer were present to review the project details with the Board.  Some outstanding issues from the NOI were cleared up and the applicant also falls under the Scenic Mountain Act for certain areas of the project so a new SMA NOI was filed.  The Board started with the WPA NOI, a presentation was given and some items/questions from the last meeting were cleared up.  The Board was concerned with the number of trees being cut/disturbed.  The Board felt that the proposal was pretty aggressive and felt that some changes could be made to parts of the project to make them less obtrusive.  The Board would like to schedule a site visit to review and inspect which trees are going to be taken down and to flag trees to be kept that are located in the sapling area.  The WPA NOI filing #230-0246 was continued until the September meeting.
A project overview was given for the Scenic Mountain Act filings which are limited to two areas.  The Scenic Mountain Act filings were also continued until the September meeting so that the Board could make a site visit.

Eschen, 12 Sylvan Rd – RDA – construct a dock (T. Lovett is the project manager)
Georgianna Eschen and Peter Vallianos were present to discuss the project.  The Board approved the project as submitted with the following condition:  no bank disturbance and subject to D.E.P. approval.

For Discussion:
1.      Mail was reviewed.
a.      Letter from Anne Vetter regarding her concerns about a tree located at 99 Tyringham Rd.  Rick Andrus will make a site visit and respond to Mrs. Vetter.
b.      Letter from Robert McMahon, Architect regarding the Bodian residence.  A response was sent.
2.      Kenn Basler and Laurily Epstein came in to speak informally with the Board on some Land Trust land located on Rt. 23 near the Gould Farm properties.  The Land Trust is looking to cut the small amount of trees that have grown since the land was given to them and then turn the land into farm land (this property was given to the Town by Robert Theirot).  They wanted to speak with the Board as there are wetlands located on the property.  The property is approximately 1 ½ acres.  The Land Trust would need to file with the Conservation Commission as it does border wetlands and is located near a river.
3.      The Board reviewed the ZBA application for the U.S.P.S and responded to the ZBA with their opinion that the Conservation Commission reviewed the Notice of Intent submitted in May of 2007 and approved the project with the conditions set at their May 2007 meeting based on the remediation plan that was submitted.
4.      The Board reviewed the ZBA application for the Levy residence on Hebert’s Cove and responded to the ZBA with their opinion that the Conservation Commission reviewed the Notice of Intent submitted by Mr. Levy at their June meeting and approved the project to rebuild as proposed.
5.      The Board discussed the open NOI for Pearson; they are questioning whether or not an amended NOI is going to be submitted as was discussed at the meeting that Ms. Pearson attended or if there is truth to the rumor that she has left town and the NOI should be closed out.  J. Bach is going to call Ms. Pearson to get a final answer.
6.      Rick Andrus made a site visit to the Jaffe residence with the caretaker confirming that the wire mesh on the split rail fence was removed as was the fencing that was placed in the water.
7.      David Dempsey informed the board that an enforcement order needs to be written to David Erlich, owner of property at 26 Northwest Cove on Lake Buel that has built a new dock without the proper permitting (RDA and a copy of the Chapter 91 permit) and has relocated a pre-existing dock.

Meeting adjourned at 9:00pm

Submitted by: Melissa Noe, Inter-Departmental Secretary
cc: Conservation Commission Board Members