CONSERVATION COMMISSION
Town of Monterey, Massachusetts
MEETING DATE: Tuesday, October 13, 2009
Present: Richard Andrus, Timothy Lovett, David Dempsey, and Christopher Blair
The meeting convened at 6:10p.m.
Kalodner – Tyringham Rd – Enforcement Order – 5 trees cut within 0-50 feet of a BVW; needs to file to remediate violated RDA and to perform any additional cutting to open a requested view to the wetland
This is a continued meeting from August. Craig Okerstrom Lang, representative for Nancy Kalodner and Nancy were present to review the issue. A memo that was emailed by Craig to the Conservation Commission on October 13th was reviewed which outlined their proposed approach to rectify the violations noted in the Enforcement Order. Craig and Nancy acknowledged that based on the previously issued Determination of Applicability the violations listed in the Enforcement Order were correct. A letter will be sent to Nancy and Craig stating that the Commission has accepted the mitigation plan submitted dated October 13, 2009.
Wasserman – 40 Elephant Rock Rd – amend OOC DEP#230-021 (D. Dempsey is the project manager)
This hearing was continued from the September meeting. Craig Okerstrom Lang and Shannon Boomsma of White Engineering, representatives for the Wasserman’s were present to give an overview of the proposal. The Wasserman’s are looking to cut some windows into the canopy of trees within 50 feet of the lake. The Commission approved the amended Order of Conditions.
Driscoll – 402 Main Rd – SMA RDA – remove trees (C. Blair is the project manager)
David Driscoll was present to review the project. The Commission approved the project as submitted and issued a negative Determination of Applicability.
Klingenstein – 149 Hupi Rd – NOI #230-0254 - to address drainage issues on the property that is causing erosion of an existing path, and will reconstruct a terrace in the area of existing impervious asphalt; vista pruning and the construction of a boardwalk will also take place (D. Dempsey is the project manager)
Shannon Boomsma of White Engineering, representative for the Klingensteins was present to review the project. The Klingensteins landscaper was also present to answer any questions. DEP’s comments were reviewed. No comments have been received yet from the National Heritage. The Commission approved the project as submitted.
Hartman – 37 Steven’s Lake – RDA - to perform boring and trenching work required to connect electric, water and sewer lines between the barn and residence. The work will take place mainly within the 50’ no disturbance zones of an intermittent stream and Steven’s Pond, with minor excavation work in the 100’ buffer zone of Steven’s Pond and the intermittent stream. (R. Andrus is the project manager)
Eric of Greylock Designs and representative for the Hartmans was present to review the project. The applicant was reminded that any sewer connections, etc will require approval and permits through the Board of Health. The Commission approved the project as an N3.
Dodge- 56 Sylvan Rd – Request for Certificate of Compliance
Shannon Boomsma submitted a request for a Certificate of Compliance on DEP file #230-168. The Commission issued a complete certification.
Canning – RDA – 102 Stevens Lake Rd - to place a foundation, driveway and septic system in the buffer zone of Stevens Lake (T. Lovett is the project manager)
Discussion ensued about the property and that it isn’t actually near Steven’s Lake but a BVW. The correct wording was used in the paper but the copy in the file stated it incorrectly. Ann is subdividing the property but the paperwork has not been recorded with the registry to date, Planning Board approval has been received on the subdivision. The applicant was reminded that she will need to apply for a driveway permit with the Highway Department before proceeding. The Commission discussed whether or not this proposal was going to need to be filed as a NOI and reviewed the wetland regulations. Because the subdivision hasn’t been recorded yet the RDA was filed under the Monterey Assessors Map and Lot number for the entire property as it doesn’t have its own map and lot
number or 911 number. The Commission stated that it wouldn’t pass as an RDA as is unless everything was removed out of the 100 foot zone. The applicant will refile with new plans. The hearing will be continued.
Miller – 24 Carrington-Battelle Rd – Enforcement Order sent in August – owners have retained Berkshire Wetland Services to perform a wetland delineation as required by the Commission.
Gail of Berkshire Wetland Services was present to review the Enforcement Order with the Commission. Gail requested a copy of the Enforcement Order and explained to the Commission that her client was confused about why he had to do all these extra steps after the work has already been done. A wetlands delineation has been performed and the wetlands have been flagged. The Commission is going to perform a site visit with Gail and she will get a restoration plan to the Commission for next months meeting. Conversations ensued about whether or not the ponds were ponds or pools. All parties agreed that they were man made. The Commission also asked for Gail to comment on the plants and species there and whether or not the ones the owner planted are appropriate and/or invasive.
Susser – 151 Hupi Rd – Request for Certificate of Compliance
A Certificate of Compliance was issued for DEP file #230-75.
For Discussion:
1. Mail was reviewed.
2. Minutes from 9.14.09 were approved as written.
3. John James, Anthony O’Neil and Shannon Boomsma were present to discuss the Ahye project at 656 Main Rd. Shannon provided the Commission with plans showing the proposed swimming pool and hot tub and proposed plantings under a previously issued amended Order of Conditions under the Scenic Mountain Act. The Commission approved the plans as submitted.
4. The Commission responded to a request from the caretaker of 24 Bidwell Rd to cut six trees on the lakefront.
5. The Commission discussed that fact that Mr. Dolber has not responded to the Enforcement Order sent to him in August. The regulations were reviewed and it was determined that if the violator ignores the Order the Commission can take legal action in superior court. D. Dempsey will contact Mark Stinson at DEP to find out whether or not DEP will pursue this or whether or not town counsel should get involved.
Meeting adjourned at 10:00pm
Submitted by: Melissa Noe, Inter-Departmental Secretary
cc: Conservation Commission Board Members
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