CONSERVATION COMMISSION
Town of Monterey, Massachusetts
MEETING DATE: August 10, 2009
Present: Timothy Lovett, David Dempsey and Judith Bach
The meeting convened at 6:20p.m.
June Rochadieu
There is a pine tree on the border of the 100ft buffer zone that has a dead section that she’d like permission to take down. She’s contacted the new tree warden to take a look at the tree but hasn’t yet been able to schedule a site visit. Tim Lovett is going to make a site visit to determine if it falls under the Commission’s jurisdiction and if it’s a safety issue. The Board asked who the contractor would be and asked that Ms. Rochadieu make sure he understands that if permission is given to remove it that he understands the permission is for the one tree only.
Nancy Kalodner, Tyringham Rd Enforcement Order (T. Lovett was the project manager on the originally filed RDA)
Nancy Kalodner was sent an Enforcement Order for cutting 5 trees within 0-50ft of a BVW. She stated that this happened when the land was cleared 2 years ago to prep for a house. She inquired as to what paperwork should be filed to get the approval for the trees to be cut that were cut. The original RDA from 2007 was reviewed. She was allowed to vista prune (cut limbs only) not the trees. She questioned the definition of a tree and how homeowners around the lake are allowed to cut. The regulations were reviewed with Nancy. Nancy questioned how she can open up a view to the swamp when the house is built; the Commission stated that it’s already opened up. The Commission stated that she would need to apply to perform any additional cutting with plans which would be
reviewed by the Commission and it will be either approved, denied or approved with conditions and/or modifications. The plans should take into consideration the violation of the previously issued RDA. The remediation of the Enforcement Order has been continued to the September meeting so that Nancy may consult with Mike Parsons and a Landscape Architect. If Nancy is not ready for the September meeting she will contact M. Noe at the Town Hall.
For Discussion:
1. Mail was reviewed.
2. Minutes from 7/13/09 were approved as written.
3. The Commission signed the Emergency Certification form issued to John Martin of 25 Sylvan Rd to drill a well to alleviate the problem of no potable water being available in the residence because of a beaver issue and a shallow well. The Emergency Order is valid from 8/10/09-9/10/09 and a site visit was made on 7/30/09 by Chris Blair.
4. The Commission reviewed the Smith file (18 Point Rd) and continued it until the next meeting since pictures were not available to show that nothing has grown.
5. The Commission reviewed the Dolber file (142 Main Rd), an Enforcement Order was signed and issued at the recommendation of DEP. The Enforcement Order was issued for the following: 1. The new tree that was to be planted has not been. 2. The (4) five foot pieces of rebar that were to be placed at the edge of the mowed area and buffer zone boundary to indicate that no cutting should occur south of that line have not been installed. The rebar is to protrude one foot out of the ground and must be capped with a wetlands boundary cap. Two of the pins should be placed on the east and west lines of the mowed area with the remaining two pins spaced equally in between totaling four pins. And 3. The location of the pins has not been recorded in the Registry of Deeds to date
with a proof of recording being forwarded to the Monterey Town Hall/Monterey Conservation Commission.
6. The Commission reviewed the ZBA Variance application for 224 Hupi Rd and determined that the project did not fall within their jurisdiction.
Meeting adjourned at 7:45pm
Submitted by: Melissa Noe, Inter-Departmental Secretary
cc: Conservation Commission Board Members
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