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Subject/Title:	September 13, 2005	Subtitle:	
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CONSERVATION COMMISSION
MINUTES OF MEETING
TUESDAY, SEPT. 13, 2005

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

ABSENT:	John Hart

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 as corrected by the Chairman, seconded by member Shatz and all voted in favor.

Gary Kleinerman, President Mahkeenac Terrace Assoc. re. Clear Cutting/Unpermitted dock – Member Shippey reported that he observed a crew of men including a supervisor of that crew at the Mahkeenac Terrace area doing clear cutting going down to the common beach.  There appeared to be a widening of a path about 20 ft. with several trees taken down.  Mr. Shippey spoke with the supervisor and inquired as to who authorized the cutting and the supervisor indicated that he was hired by several individuals whom he would not name.  Mr. Shippey then went down to the common area and observed a dock which extended into the lake by approximately 35 ft.  Section 5.5.f of the bylaws states that no dock is to extend into the lake more than 25 ft. from the mean high water line.  Member Deno reported that he visited the site and identified the boundaries of the property and he stated that there was considerable vegetation on each side about 50 ft. down not occupied by the Association.  The cutting he observed is about 15 ft. wide and not 20 ft. and proceeded down to about 100 ft. from the lake at which point was about 7 ft. wide.  Member Deno stated that it appeared to him that they were doing landscaping.  He questioned if the dock was within the jurisdiction of the Commission or of the Building Inspector?  Mr. Deno met with Jan Silverman and a few other gentlemen and they stated that their plan was to rework the steps which are in bad shape and not appropriate for many who would be using the beach.  Mr. Deno advised Ms. Silverman to file an RDA for the repair of the steps.  The Chairman noted that by the look of the cutting it has changed at least the potential for storm water runoff.  The Chairman read into record a letter from Alan Orenstein, a resident of the Terrace, giving his view as to why the steps are in need of repair.  Mr. Kleinerman stated that he feels the cutting was done to accommodate more parking spaces.  He stated that the dock is actually 40 ft. into the lake and 76 ft. wide.  He also stated that there was no vote at the Associations last meeting to authorize any cutting.  The clearing also falls under the jurisdiction of the Planning Board and under the LPOD.  Ms. Silverman will file an RDA and the Commission would like a copy of the Associations Chapter 91 dock permit.

I Michael Goodman, 18 Ice Glen Rd. re. Informal Discussion – Member DeGiorgis recused himself from discussion as he is the landscape architect for Mr. Goodman.  Mr. Goodman stated that he would like to put a walkway from a newly constructed two-car garage with one rental above it instead of the illegal apts. that were there.  He would then connect it with a walkway to the second story of the house.  He would like to put in a new septic system on the property.  The Chairman stated that anything within 50 ft. the Commission would not look favorably upon.

Mark Bean, 14 Beachwood Drive – NOI – Shannon Boomsma of White Engineering, Inc. appeared representing the applicant who proposes to do house renovations including construction of a frost wall, drainage improvements and construct a dock.  The proposed work is within 100 ft. of a Buffer Zone to the cove of the Stockbridge Bowl, an intermittent stream and in the 100-yr. floodplain.  They propose to remove the two porches from the house, remove the chimney, raise the house above the floodplain elevation and pour a frost wall under the existing structure and the porch footprint.  Beneath the house will be dirt which will be used as part of compensatory storage for the new foundation as well as other grading around the property.  This project is not a tear down.  The foundation will be constructed of cutouts for compensatory storage.  They will put in a field stone terrace in place of a previous concrete pad.  They would like to construct a dock for kayaks and the dock will only go into the stream 1 ft., thereby not requiring a Chapter 91 dock permit.  The dock will be driven into the ground by 4 by 4s.  They will install drains around the new foundation to transport the water towards the stream.  Perforated pipes will be placed in stone and then be graded over and seeded.  A site visit was scheduled for Saturday, Sept. 17. 2005 at 8:00 a.m.

Jonathan & Vera Dordick, 26 Ice Glen Rd. – Wetland Delineation Affirmation Continuance – Gail Ceresia of Berkshire Wetland Services, Atty. Roscoe Sandlin and Mr. Dordick appeared for confirmation of the wetland boundaries.  Ms. Ceresia flagged the wetlands which follow along the streams that border the property.  She stated that her delineation was close to the original delineation.  A site visit was scheduled for Wednesday, Sept. 21, 2005 at 5:30 p.m.  The Commission will sign an Order of Conditions at the Sept. 28, 2005 meeting if everything goes okay at the site visit.

Carl Edwards, 5 Butler Rd. – RDA Continuance – Mr. Edwards was present to discuss the proposed gazebo and removal of invasives nearby.  He reported that clearing had already begun due to a miscommunication between his contractor and himself.  He stated that he told his contractor that he could not do any clearing until he received the necessary paperwork from the Commission.  Mr. Edwards stated that while he was away on vacation the contractor went ahead and did the work anyway.  The gazebo will be placed in the wood grove as referred to on the map on Page 2 of his plan.  He proposes to put in two junipers to obstruct the view from abutters David and Paula Hellman.  A site visit was scheduled for Saturday, Sept. 17, 2005 at 8:20 a.m.  Mr. Edwards will extend the courtesy of the site visit to the Hellmans.

Joan Nimmo, 42 Lake Drive – RDA Continuance – Shannon Boomsma of White Engineering, Inc. appeared representing the applicant.  Ms. Boomsma stated that an intermittent stream flows under the driveway and the gravel driveway and trees will be removed and the area planted with native trees.  Member Shatz made a motion to close the hearing, seconded by member Shippey and all voted in favor.

Michael and Mary Zabian, 102 East Main St. – NOI Continuance – Shannon Boomsma of White Engineering, Inc. appeared representing the applicant who proposes to upgrade two existing septic systems.  Member Shippey reported that he did a site visit with Ms. Boomsma and he feels the project is a fine submittal.  Member Shippey made a motion to close the hearing, seconded by member Shatz and all voted in favor.

Arthur Susser, Osprey Lane, Lot 2 – Shannon Boomsma of White Engineering, Inc. appeared representing the applicant.  Member Deno recused himself from deliberations, as he is an abutter.  The Chairman read into record an e-mail from Bruce & Joan Cohen, abutters, and an e-mail from consultant Terry Eucker.  The Chairman asked Ms. Boomsma if there was clear cutting done on the property and Ms. Boomsma was uncertain.  The applicant put in a drop inlaid when they modified the plan as submitted.  The Secretary will forward consultant Terry Euckers report to White Engineering, Inc. and Bruce Cohen when received by the Commission.  Ms. Boomsma stated that the dock will be cut from the proposal.  Each member will do a site visit at their convenience to verify whether or not any clear cutting has taken place on the property.

Harvey Waller, Goodrich St. – NOI Continuance – Shannon Boomsma and Marshall White of White Engineering, Inc. appeared with the applicant along with the Commission consultant Dan Nitzche of BEC.  It was agreed between the consultant and representatives from White Engineering, Inc. that the proposed house sites are outside of the wetlands.  The applicants engineering firm pulled the field fence in for the disturbance line.  Mr. Nitzche stated that the wetland crossing may not be possible as they moved the houses up front near the stream.  He does concur with White Engineering, Inc. that they are under the 5,000 sq. ft. of disturbance near the wetland so that it does not require limited project status.  Mr. Nitzche noted that there are eight acres in the back surrounded by wetlands and recommended they put the houses closer to the road, which is the alternative.  The applicant stated that he would withdraw the application and file a new NOI, thereby moving the houses to the front of the property on Goodrich St. which would place them outside of the wetlands.  Marshall White recommended the applicant not withdraw the application but keep the hearing open and modify the plan as stated by the applicant and the applicant agreed to do so.  M. White will verify that there are not any buffer zone impacts with the modified plan.  Member Shippey made a motion to allow the modification of the plan, seconded by member Shatz and all voted in favor.  The hearing was continued to the next meeting.

Marshall White of White Engineering, Inc. appeared representing Jerry Sugar of Mahkeenac Terrace who requests an emergency certification to an expired Order of Conditions.  The Order of Conditions was issued on August 27, 2002 with an amendment in 2003 and came back last year but it was never extended.  Mr. Sugar wants to put in a new well but cannot with an expired Order.  The house construction has begun but the site work has not yet begun.  The Commission is not allowed to issue an emergency certification to an expired Order and suggested the applicant file a new NOI.

With no further business, the Commission adjourned at 11:00 p.m.

					Respectfully submitted,

					Denise A. Schneyer, Secretary