CONSERVATION COMMISSION
Town of Monterey, Massachusetts
MEETING DATE: 1/14/14
Present: Timothy Lovett, David Dempsey, Christopher Blair and Betty Pixley
The meeting convened at 6:00p.m.
Hume – 73 Chestnut Hill Rd – NOI and SMA NOI – SMA13-02– seven foot drawdown of Stedman Pond for dam repairs & improvements (B. Pixley is the project manager)
There was no one present for this continued hearing so it has been continued to the February 11th meeting.
Hayes Lentz – 76 Tyringham Rd – Enforcement Order/Violation Notice/RDA – roofing (B. Pixley is the project manager)
Judy Hayes was present to review the project for her daughter’s property. This was a roofing job done without the proper permitting and an Enforcement Order had been issued in November of 2013. The Commission approved the project as submitted as a N3 and the conditions of the Enforcement Order have been met.
Lagumina – Main Rd (M234 L6) – SMANOI – SMA14-02 – Clear 4-5 acres for new single family home, detached 2 bay garage, animal shelter and grazing pasture. Install new septic and well. (C. Blair is the project manager)
Jared Smith, Representative for Mr. Lagumina was present to review the project details. They plan to use West Street to access the property. Most of the 43 acres is above the 1500 foot elevation. The lot is pre-existing and is non-conforming due to the discontinuance of West Street. According to Mr. Smith the road is not abandoned but was discontinued around 1978 and is therefore exempt from the setback requirements. The proposal asks permission to clear just under 5 acres. Mr. Smith stated that this proposal will be a 3 – 5 year project. The old logging access road is going to be transformed into a driveway. Abutter Michael Saporito was also present and provided details on the logging events which started about 5 years ago. Joe Baker, abutter was also present
and was curious about how this project would achieve the frontage needed using West Street when it is the understanding in Town that this road was officially abandoned in the 1800’s. Mr. Saporito was also under the same impression. Mr. Baker felt that the Town should look into this situation to determine what the actual status of that road is. Mr. Smith stated that the paperwork to abandon this road was never fully completed. Chris stated that the matter of the road’s status doesn’t fall under the jurisdiction of the Conservation Commission. Mr. Smith is attempting to purchase this property and cannot close on the property until he is sure he will be granted permission for his project. Joe had questions about the steepness of the road; Chris stated that he will need to see a plan for the road and how drainage will be managed (gutters, something to slow the water down and how it will be managed at the end of the slope).
Chris noted that more specific details need to be submitted specifically with regards to the driveway and road. Mr. Smith’s intentions are to start clearing at the end of winter/beginning of spring. The Commission will follow up with the Building Inspector. The hearing was continued to the February meeting at which time the Commission will report back on their findings from Don and Mr. Smith will provide the drawings the Commission has requested.
Kaminstein – 18 Woodland Dr. Request for Certificate of Compliance for DEP #230-233 (R. Andrus was the project manager)
Shannon Boomsma of White Engineering requested that a Certificate of Compliance be issued for the above-mentioned project. The Commission issued a complete certification.
Meakem - Request for Certificate of Compliance for DEP #230-101
The Commission issued a complete certificate for the above-mentioned property. Tim recused himself from this discussion and vote.
Weiss - Request for Certificate of Compliance for DEP #230-82
The Commission issued a complete certificate for the above-mentioned property. Tim recused himself from this discussion and vote.
For Discussion:
1. Mail was reviewed.
2. Minutes from 12/10/13 were approved as written.
3. The Commission signed the DA for 11 Buckingham Lane which was issued at last month’s meeting.
4. Stephen D’Alessio came in regarding a DA that was previously issued for Alan & Ronnie Flicker at 9 Buckingham Lane. The original RDA that was approved was for a stone patio. The owners have decided to go with a wooden deck in the same footprint and the same design and the contractor is seeking permission to do this under the existing DA. Part of the deck infringes into the 40ft no build zone and wouldn’t be allowed under zoning. The Commission doesn’t have an issue with the switch from stone to wood but the 40ft no build zone would be an issue with the Zoning Enforcement Officer.
5. The Commission reviewed the file for 3 Carl’s Lane regarding the new owner’s request to remove the deck. The original permit has been automatically extended under the Governor’s extension act. The Commission has requested that applicant provide a sketch of the project with the Wetland and Scenic Mountain Act jurisdictional areas delineated to the Conservation Commission.
Meeting adjourned at 8:00pm
Submitted by: Melissa Noe, Inter-Departmental Secretary
cc: Conservation Commission Board Members
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