CONSERVATION COMMISSION
Town of Monterey, Massachusetts
MEETING DATE: May 10, 2011
Present: Richard Andrus, Timothy Lovett, David Dempsey, Christopher Blair and Betty Pixley
The meeting convened at 6:05p.m.
Johnson, 2 Elephant Rock Rd. – SMARDA 11-05 (T. Lovett is the project manager)
Mark Carlson of Carlson Builders was present to review the project. A new foundation and septic are being installed. This project has received a special permit through the ZBA. The Commission gave the project a Negative determination and stated it doesn’t require a NOI.
Close, 10 Laurel Banks Lane – RDA – to replace an existing failed septic system (D. Dempsey is the project manager)
No one showed for the hearing therefore it was continued until the June meeting.
Wasserman, 40 Elephant Rock Rd. – SMA 09-03 – request to extend (D. Dempsey is the project manager)
The Commission reviewed a request to extend the current OOC for 40 Elephant Rock Rd. The Commission approved it for one more year which is the last extension allowed.
For Discussion:
1. Mail was reviewed.
2. Minutes from 4.12.11 were approved as written.
3. Susan Bachelder of 12 Laurel Banks regarding the ROW on Laurel Banks property. The lot is not buildable. She is here to discuss the recent communications regarding the deck built on this lot which she has a demolition permit for but was stopped from proceeding on the demolition by the Police Department as the neighbors are stating it is theirs and they have a ROW on the property. Susan stated that the deck was built by Myrna Kruuse and she was told at the time that she shouldn’t have done this as people wouldn’t be able to get their boats out. Apparently Myrna was convincing enough that the neighbors didn’t ask her to move this. She purchased her property in 1972 so Susa states it is not possible that the deck was built prior to the Con Comm’s jurisdiction. Susan stated the deck has probably been there for approximately 30 years (she believes it was built in 1974 or 1975). She doesn’t feel that the Taub’s can claim adverse possession of 20 years because they purchased
their property in 1996. Susan’s attorney advised Susan to purchase the land under the ROW which would then allow her to remove the deck. She then referred to the WPA paragraph 30 (MGL Chapter 131 section 40) which allows the Con Comm to remedy an older violation when the property changes hands. Susan is requesting that the Con Comm issue an Enforcement Order regarding the illegally built deck. The Commission stated that there is a no-build zone on both lakes in Monterey within 40ft of the lake. The deck is 15 ft from her property line, within 40ft of the lake and violates several of our bylaws.
Susan stated that since this structure is on her property, she is being taxed for it and therefore she wants to take it down. The Commission discussed the options available to them and decided that they would like to confer with the DEP before making any decisions.
Meeting adjourned at 7:45pm
Submitted by: Melissa Noe, Inter-Departmental Secretary
cc: Conservation Commission Board Members
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