CONSERVATION COMMISSION
Town of Monterey, Massachusetts
MEETING DATE: 5/14/13
Present: Richard Andrus, Timothy Lovett and Christopher Blair
The meeting convened at 6:00p.m.
Monterey Highway Dept – RDA – reclaim, gravel, grade and pave New Marlboro Rd from Wellman Rd to the Harmon Rd intersection (D. Dempsey is the project manager)
Maynard Forbes, Director of Operations was present to review the project to reclaim, gravel, grade & pave New Marlboro Rd from Wellman Rd to the Harmon Rd intersection. The project was unanimously approved as submitted as a N2.
Krupka – Old Beartown Rd – SMA RDA – construct a new home, septic, well & driveway (R. Andrus is the project manager)
Chris Tryon, representative and Benjamin Krupka were present to review the proposal to construct a new home, driveway and associated utilities in a mapped area of the Scenic Mountain region. The well is a proposed geothermal well. Site plans were not submitted with the application but were provided at the meeting. The project was approved (negative) as submitted as the activity described will not have a substantial impact on the natural scenic qualities of the mountain region and is therefore not a regulated activity and therefore does not require filing a NOI.
Hume – 73 Chestnut Hill Rd – SMA NOI – SMA13-02 (B. Pixley is the project manager)
The Commission made a site visit yesterday with Berkshire Geo-Technologies. There is a revised dam plan and the Commission is awaiting comments from DEP. The hearing will be continued to the June meeting.
Litvack – 16 Laurel Banks - RDA – Construct a dock in Lake Buel (T. Lovett is the project manager)
Shannon Boomsma, representative for the Litvacks was present to review the dock application. Jim Bracken, Paula Schutzmann, Susan Bachelder were also present. A letter and supporting documentation was submitted by Attorney Glover representing The Taub’s and Kruuse’s who both own homes in the Laurel Banks subdivision. The letter opposes the approval of the Litvack’s dock application in its current configuration. There were also letters received from Kenneth Taub, Steven Litvack and Robin Williams. There are several disputes here (some in court) with regards to easements, right of ways and unpermitted docks and decks. Abutters were present to object to the granting of this dock calling it oversized and too showy for the neighborhood making it look more like a marina. There are property line and ownership rights being questioned and abutters present also state that they were not notified of this Chapter 91 dock permit request as is required. The Commission stated that the deck
issue does not fall under their jurisdiction it would be under the purview of the Town and Zoning Board of Appeals seeing as there are conditions filed in the Registry stating that once the ownership changed from the Gurtman’s the deck needs to be removed. Attorney Glover argued that right of way measurements cannot be included in your property measurements.
Chris Blair suggested that since this Commission has no skill and/or expertise in determining dock relationships to property lines, the Commission is looking for the impacts to the resources under water, the bank and any wetlands associated with the request. The Commission cannot permit the installation of this dock due to ongoing civil issues and jurisdictional issues relating to access and property lines. The Commission felt strongly that a lot of these concerns need to be addressed and settled by the State and the Chapter 91 licensing authority. The Commission will follow up with the State with their concerns and the hearing will be continued to the June meeting.
For Discussion:
1. Mail was reviewed.
2. Minutes from 5.14.13 were approved as written.
3. Nick Anderson of Berkshire Engineering came in to provide the Commission with supplemental information regarding the Salas/McGoff project at 47 Old Beartown Road. Included with the summary was a revised Notice of Intent Plan (10-07-06 SALAS-McGOFF) dated 5/3/13. Tree removal will be less than the original plans submitted but there will be more driveway than initially proposed. Due to the reductions in size and scope, the Commission approved the changes without requiring any additional filing. The OOC will be amended and an as-built will be required.
4. The Commission voted to send $50 to the NBRC.
Meeting adjourned at 8pm
Submitted by: Melissa Noe, Inter-Departmental Secretary
cc: Conservation Commission Board Members
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