CONSERVATION COMMISSION
Town of Monterey, Massachusetts
MEETING DATE: October 14, 2008
Present: Richard Andrus, Timothy Lovett and Christopher Blair
The meeting convened at 6:00p.m.
Levkoff, 26 Eaton Rd – NOI #230-0246 & SMANOI 08-03 – improve existing walkpath, construct new walkpath and beach area and install a dock with a boardwalk on Lake Garfield and further develop the site while maintaining the existing single family residential use of the site. (D. Dempsey is the project manager)
Tim Lovett recused himself due to a conflict of interest; because of this there was not a quorum present to approve the project. The details of the project were reviewed with the representative present as were the trees that had been marked for removal since the last meeting. The Scenic Mountain Act regulations were reviewed and this will be continued until the November meeting when a quorum is present. The paperwork will be finalized at next month’s meeting.
Rosen – 20 Point Rd RDA - to construct a 12’x14’ 2nd story addition (R. Andrus is the project manager)
Jeff Wilkinson, representative for the Rosen’s was present to review the proposal with the Commission. The representative mentioned that this will be going before the Zoning Board of Appeals for approval next. This was approved as an N3 with notes to see the site plan for silt fence.
Blair – 23 Mt Hunger Rd SMARDA – SMA08-03 (C. Blair is the project manager)
Mike Parsons, representative for the Blair’s was present to review the cutting that was done that resulted in an enforcement order and this Scenic Mountain Act RDA being filed. Mike Parsons stated that he has marked the boundary line for Ms. Blair since the enforcement order had been issued. The project was approved as a negative determination that does not require a filing of a Notice of Intent. Chris Blair confirmed that vista pruning is exempt in the Scenic Mountain Act Regulations. Maynard Forbes noted via an email that the address listed in the newspapers and the RDA stated the address as 23 Mt Hunger and it should be 23 Mt Hunger Estates, this was corrected on the Determination of Applicability issued by the Commission. The enforcement order was considered fulfilled.
Erlich – 26 Northwest Cove Rd RDA to seasonally install and maintain two docks, one floating and one suspended plus a canopy which will all be removed in the winter months (enforcement order sent previously) (D. Dempsey is the project manager)
Dennis Downing, attorney for the Erlich’s was present to review the project. A waterways permit application has since been filed with DEP (October 9, 2008) for the 2 docks and they (DEP) has 30 days to respond. The Conservation Commission continued the hearing so they could seek further advice/information from our circuit rider at DEP regarding a property owner having 2 docks and to give Dave Dempsey the project manager for the Commission a chance to comment on it. Attorney Downing stated that Mr. Erlich has purchased the lot next to 26 Northwest as well.
Schwartz – 66 Art School Rd – NOI continue the pond program maintenance to prevent the establishment of invasive species and to preserve desirable water quality (T. Lovett is the project manager)
A letter was received from the representative requesting that this hearing be continued until the November meeting so that the applicant can address the concerns of the DEP.
For Discussion:
- Mail was reviewed.
- Minutes from 9/8/08 were approved as written.
- The ZBA application for Carry on 29 Broderick Rd was reviewed and a response was written to the Board of Appeals. Brent White of White Engineering was present to go over any project questions the Commission might have.
- Brent White of White Engineering asked questions about a lot on Lake Garfield on the other side of Elephant Rock Rd that a client of his is looking to purchase and build a tennis court on. The potential buyers wanted to know if they’d have the blessing of the Commission to present this project prior to buying the property and submitting anything. The Commission stated that they would need more information and numbers prior to being able to comment but a project could certainly be presented to the Commission to review.
- The Commission asked Brent to follow up on the Kamenstein property and information that White Engineering was to provide to the Commission, he made a note on that and will respond to the Commission with his findings.
- One Commission member noted that the mesh on the split rail fence is back up on the Jaffe property on Lake Garfield. The Commission discussed their options to remedy the situation which included turning the issue over to the State, putting an article in the Monterey News or writing another enforcement order to the Jaffe’s.
- The Commission briefly discussed the Fairview Rd maintenance issue and the upcoming meeting the Select Board will be having on October 27th at 5:30pm and the runoff into the nearby river. A letter will be sent to the Select Board and Maynard Forbes that if there is going to be work done within 200 feet of the river that a Notice of Intent will need to be filed.
Meeting adjourned at 9:05pm
Submitted by: Melissa Noe, Inter-Departmental Secretary
cc: Conservation Commission Board Members
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