CONSERVATION COMMISSION
Town of Monterey, Massachusetts
MEETING DATE: 12/14/09
Present: Richard Andrus, Timothy Lovett, David Dempsey, and Christopher Blair
The meeting convened at 6:00p.m.
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)
Ben Granskog was present to review project details. New plans and limits of work were provided. Mr. Granskog noted that he has been in contact with the Director of Operations regarding installing a driveway and he is aware that a permit for the driveway will be granted by the Director of Operations. The Commission approved the project as a N3 with the following special conditions:
1. Applicant must provide the Commission with an approved septic plan and finalized house plan with elevations prior to commencing any excavation work.
2. Minor site work approved subject to the finalization of an approved septic design and house plan.
3. No digging will commence until a finalized house plan is received.
4. A silt fence shall be properly installed between the work and the flagged BVW.
Delmolino – 527 Main Rd – RDA – repair or replace existing patio and install retaining walls (R. Andrus is the project manager)
John Delmolino was present to review his project to replace or repair an existing 12 x 34 patio area and install retaining walls. The Commission approved the project as submitted as a N3 with the following special condition: All stockpiles to be outside 100’.
Dodge – Art School Rd – NOI – construction of a driveway through a wetlands resource (R. Andrus is the project manager)
Shannon Boomsma of White Engineering and William Dodge, Jr were present to review the proposal to construct a driveway through a wetlands resource. Their intentions are to make the property accessible again. DEP’s comments were reviewed which included a deed restriction. An abutter, Burton Budick commented that while his biology major son was exploring the property he found vernal pools all over the property. It was not clear if the Commission could force the landowner to have the property checked to see if vernal pools are in fact in existence. Mr. Budick was asked by the Commission if he’d be willing to grant Mr. Dodge an easement to construct a driveway to avoid the project he’s proposing; Mr. Burdick declined. The project did not fall under the National Heritage’s jurisdiction. Portions of the property fall under the Scenic Mountains Act but the owner will not be clearing more than a ½ acre. The Commission felt that a site visit would be in order prior to the Commission
approving anything (scheduled for Sat. Dec. 19th).
For Discussion:
1. Mail was reviewed.
2. Minutes from 11.9.09 were approved as written.
3. Stefan Grotz and Mike Parsons came in to informally discuss a project at 14 Point Rd. The owners are looking to remove an existing single family and put in a new single family home. An RDA was submitted for January’s meeting. The applicant will also be seeking a special permit because the height of the new building is being increased.
4. The Commission discussed the Town Beach and ideas for the beach and a boat launch.
5. The Commission issued a response to the ZBA for an appeal of the Building Inspector’s decision to issue a violation to Mr. Small of 7 Buckingham Lane for installing a hot tub and retaining wall within the 15’ setback and without the proper permits. Also present for the discussion was abutter Peter Chait, Attorney for the Smalls, Charles Ferris, At a Conservation Commission meeting of 24 May 2004 we reviewed the issues surrounding Mr. Small’s project. The facts recorded at the time are contained in that paragraph, included in your application.
The Conservation Commission issued an Enforcement Order (WPA Form 9A) asking Mr. Small to i) stop work, ii) meet with the Conservation Commission, iii) install a silt fence between the work and the Resource (the Bank and Land Under Water of Lake Garfield), and iv) submit a site plan with measurements and scope of work being conducted.
We note the issues of Building Permits and Zoning Regulations were identified as needing review by boards/officials other than the Con Comm. An issue for Mr. Small or his contractor.
At the next Con Comm meeting Mr. Small fulfilled the request made at the time. As is customary, when the applicant complied with the jurisdictional issues, the Con Comm considered the discussion and action concluded.
We see in the ZBA package an Abbreviated Notice of Intent (WPA Form 4) filled in by hand. While prior filings by Mr. Small or his contractors were processed, and appreciated, we find i) no indications in Town Hall/Con Comm records of this ever having been submitted, ii) no indications that a Public Hearing was conducted nor advertised, iii) a response from the Department of Environmental Protection said they had no record of filing of this ANOI, and iv) no minutes refer to the Public Hearing. We reiterate that if Mr. Small produces a cancelled check, a fee required at filing to the Town and to the State, that the Con Comm would take that as an indication the ANOI was received in Town Hall.
At this time we require no action by Mr. Small. We have no jurisdictional issues.
If, in the future, work is required as a result of ZBA action, requirements of the Building Commissioner, or Mr. Small decides to alter the elements under discussion, then necessary application and review by the Con Comm of work in jurisdictional areas would be required. Mr. Small has in the past understood the regulatory issues vis a vis the Con Comm and Lake Garfield.
Meeting adjourned at 9:15pm
Submitted by: Melissa Noe, Inter-Departmental Secretary
cc: Conservation Commission Board Members
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