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CONSERVATION COMMISSION
MINUTES OF MEETING
TUESDAY, OCTOBER 11, 2005

PRESENT:	Sally Underwood-Miller, Stephen Shatz, George Shippey, Don Deno
		Joseph DeGiorgis

ABSENT:	John Hart, Cathy Plakun

Call Meeting to Order/Adopt Minutes – The Chairman called the meeting to order at 7:00 p.m.  Member Shippey made a motion to adopt the Minutes of Sept. 13, 2005 as corrected, seconded by member DeGiorgis and all voted in favor.  Member Deno made a motion to adopt the Minutes of Sept. 27, 2005 as corrected, seconded by member DeGiorgis and all voted in favor.

Town of Stockbridge, Highway Dept. – RDA – Highway Supt. Clinton Schneyer appeared representing the Town to discuss road resurfacing for various roads in town.  Mr. Schneyer stated that he the Dept. will resurface Route 183 from the intersection of Route 102 and Route 183 North above Kripalu Fellowship Center, Mahkeenac Rd. from the Beachwood section to Hawthorne Rd.  Goodrich St. will also be done from the sewer work that was done there.  Member Shippey made a recommendation to put straw bales down instead of hay bales and Mr. Schneyer stated that he felt that hay bales should be okay as there is no oil in the asphalt.  The current field fence will remain in place until all work is done.  They will do work during dry conditions.  They will do the shoulders when brining in topsoil.  Commission consultant Terry Eucker, who was present on another matter, recommended putting down straw bales at the Causeway.  Member Shippey made a motion to approve the resurfacing of roads with the condition of using straw bales near the lake.  The motion was seconded by member DeGiorgis and all voted in favor.

Mahkeenac Terrace Association – RDA – Gary Kleinerman, President of the Association, was present to present a proposal of repairing a fence on the common beach area, discuss the clearing at the area that has already taken place and the dock that was put in.  Member Deno stated that he notice that the Association put down straw bales since the last meeting.  Mr. Kleinerman stated that the pipe is probably one ft. in diameter.  The vegetation was solid and it is now more likely to have run-off since the cutting that took place.  Member Deno recommended the Association put in a large swale into the pipe.  The contractor hired by the Association stated that 90% of what was cut was thick brush.  They would like to repair the railing and add an additional five ft. of railing and move the steps.  Member Shippey did a site visit and reported that the Association put in a dock that is more than the 25 ft. as permitted under the Zoning Bylaws.  Mr. Kleinerman stated the dock is around 35 ft. and 800 sq. ft. and not 600 sq. ft. as regulated by the State.  Member Shatz suggested they bring a plan to the Commission as to how they will stabilize the slope when doing their replanting.  Member DeGiorgis asked if there was any further erosion and Association member Alan Orenstein stated that there was not.  They will put in a steel pipe in the ground when repairing the railing.  They will put a clamp for the stairs and a railing to make the stairs safe.  They will put straw bales on top of the broken railing.  The contractor marked on the plan where the work will take place for the railing.  Member Shatz made a motion to close the hearing, seconded by member Deno and all voted in favor.

Ruth Markovits, 3 Shamrock St. – RDA – Mrs. Markovits appeared to propose funneling the ponding in front of her property near an intermittent stream.  Member DeGiorgis recused himself as he is an abutter.  The applicant would like to direct the water under Shamrock St. and take out the channel to exit out the pipe.  They would use a small machine to do the work.  A site visit was scheduled for Friday, Oct. 14, 2005 at 4:30 p.m.

Ned Baldwin, 5 Lahey Crossroad – RDA – Mr. Baldwin appeared and would like to replace the stone landing leading to the entrance to his house with steps and a deck.  He will do some of the work manually but will have to bring in a small machine for the big sonotubes.  The deck will be made of mahogany.  The work will not be any closer to the wetlands on the property.  Member DeGiorgis made a motion to close the hearing, seconded by member Shatz and all voted in favor.

Neil Vaughn, 14 Beachwood Drive – RDA – Mr. Vaughn appeared and would like to replace five piers under his house and install crushed stone under and around each form.  There is currently a 15 ft. long by five ft. wide trench there now.  Building Inspector Ned Baldwin stated that he stopped all work as the applicant had no permits taken out for the project.  Member Shatz did a site visit to the property and he feels an NOI needs to be filed and that the applicant needs to file an application with the Planning Board, as the project is in the LPOD.  The applicant was give approval to seed the entire yard for stabilizing and will put down erosion control fabric.

Arthur Susser, Osprey Lane, Lot 2 – NOI Continuance – Marshall White of White Engineering and attorney David Hellman who represents the seller of the lot and attorney Philip Heller who represents the applicant appeared to discuss the project.  Mr. White stated that the gravel drive was moved 50 ft. from the wetlands and they changed the box culvert to a bridge (standard bridge abutments).  There is no change for the swales.  A walking path to a 10 ft. cleared area is now proposed instead of the previously proposed cart path.  The Chairman read into the record an e-mail from abutter Bruce Cohen.  Mr. White stated that the two large trees proposed to be taken down are dead.  When the footings and walls are in they will go into stilling basins and wrapped in straw wattles.  The septic has not changed.  The bridge more than exceeds the diameter for the Army Corps of Engineers standards.  The trench is 2 ft. deep.  Commission consultant Terry Eucker recommended continuing the hearing to the next meeting so as to receive comments, if any, from Natural Heritage and Endangered Species Program.  They will remove the pile of debris from the property.  The Chairman called for a straw vote, as attorney Heller stated that his client is under time constraints for contractors.  The Chairman asked if they can create a situation for snow removal.  Member Shippey stated that if they put the houses further up on the property if would negate everything else.  Member Shatz stated that if there is an alternative by avoiding mitigating impacts to the wetlands then the applicant should do so.  Member Deno, who recused himself from the hearing as he is an abutter, spoke as an abutter only.  He stated that the entire layout of the project is a 35% slope from his property, as he measured it with a shovel.  DEP does not allow steep slopes to exceed 3:1.  Atty. Heller stated that the Commission should vote on what is proposed and the moving of the driveway.  The hearing was continued to the next meeting.

Terry Eucker was present at the request of the Commission to discuss structures near the river at the main high water line.  

Joan’s Beach Nominee Trust, 31 Mahkeenac Terrace – NOI – Atty. Lucido appeared presenting the applicant to discuss clearing and a newly constructed fence that has occurred on the property without Commission approval.  Atty. Lucido stated that Berkshire Tree Services took down a large pine tree on the property, as it was dead.  They will not take out any stumps.  They will plant four trees in place of the four that were taken down.  The dock that was put in is seasonal and was taken out Columbus Day weekend.  There are no permanent anchors for the dock.  A 2-inch pipe was driven into the ground for the dock.  They will submit a revised plan showing the dock being scaled down to 25 ft., as the current dock exceeds the 25 ft.  Member Shatz made a motion to close the hearing pending the submittal of the revised plan, seconded by member Shippey and all voted in favor.

Earl Kramer, 80 Interlaken R. – NOI – Mark Lavasser of Foresight Land Services appeared representing the applicant who would like to replace an existing timber wall with a new timber wall.  Silt fencing will be put down during construction.  Work will occur when the lake is down.  Mr. Lavasser will have to inform the Commission how they will dispose of the existing lumber.  Member Shatz made a motion to close the hearing, seconded by member DeGiorgis and all voted in favor.

After some discussion, it was decided that the Highway Dept. will have to submit a new Generic Notice of Intent, as the previous one expired in August 2005.

With no further business, the Commission adjourned at 10:45 p.m.

					Respectfully submitted,

					Denise A. Schneyer, Secretary