Notes from the Conservation Commission (ConCom), September 13, Hybrid meeting

Present:

• Ron Brouker, Chair, via Zoom
• John Hart
• Sally Underwood-Miller
• Joe DeGiorgis
• Jamie Minacci
• Tom LaBelle
• Lisa Bozzuto
• Chuck Kohrer
• William Loutrel
• David Cameron, Consultant from Fleetwood
• Others present identified if they speak

1. Approval of the minutes postponed
2. Work on slope at Naumkeag is "non jurisdictional"
   1. unless the amount of land disturbed is over 10,000 (? Feet?) then Naumkeag would have to apply to ConCom for permit
   2. Underwood-Miller visited site anyway — learned work is to repair and extend sidewalk which will require cutting down apple trees; those threes will be replaced; a new pollinator garden installed, and erosion control work done
3. Miriam Harvey purchased 28 Beachwood from Gregg Wellenkamp.
   1. The outstanding issue with Wellenkamp — he cut trees in the buffer zone of wetland without a permit and was required to replant but never complied
   2. New owner is now complying — will plant five trees in the designated area.
   3. LaBelle asked — how was property transferred with ConCom lien attached to deed? title? Harvey did not know — never heard of the issue prior to settlement
   4. LaBelle was disappointed there was no enforcement
   5. Voted to close the issue
4. Underwood-Miller is working on what is necessary to issue Annie Selke a Certificate of Compliance — the problem is the property is not entirely in Stockbridge — part in Lenox
5. David Cameron, Fleetwood Consultants, working on 12 Larrywaug Crossroad and will send report shortly (SU Vol III #17 — ConCom requested Peer Review by Fleetwood to determine the "resource area")
6. Kiernon Yaple from Race Mountain Tree Services reporting on property on Lake next to Boat House.
   1. There was clear cutting and clearing of undergrowth "down to dirt" without a permit.
   2. Remediation requires replanting
   3. Question: how and why was this done without a permit?
   4. When will they have a restorative plan? Race Mountain does not do planting — Whalen does
   5. Requested Whalen and property manager be present at next meeting
7. 11 Wheatleigh Drive clear cut to water (Lily Pond)
   1. New owner
   2. Perhaps site visit and discuss
   3. They will be responsible for restoration plan
8. Mentioned new Kampoosa Bog Committee — Bozzuto and Hart are members — pleased it is up and running
9. Voted to approve a Certificate of Compliance from 1997 — property is being sold and before transfer clearing title
10. It was reported that Haupt Tree Company was taking water from Konkapot Brook.
    1. Suggested letter to cease and desist. In order to take from streams, brooks and lakes in Stockbridge must appear before ConCom and apply
    2. Underwood-Miller suggested ConCom send the letter to all tree companies. Someone else suggested adding the pool companies
    3. Many concerns were raised: where else has the hose been? Is there a screen on hose to screen out "critters"? What if they drain a fire pond and a fire truck then needs the water?
    4. Cameron suggested an "enforcement letter" would get more attention
    5. Considering solutions, it was mentioned that the Town charges for filling up trucks with water — check with Michael Buffoni
       1. 108 Interlaken Road, owned by Wellenkamp, is for sale. Annie Selke expressed interest in purchasing and wanted to know what requirements? There is the oldest boathouse on the lake there and wetlands. Underwood-Miller is discussing with her.
       2. Performance Standards done and Town Counsel approved. Suggested that the consultants take a look before ConCom approves. Cameron said it would be fast turn around
11. Permit to cut trees in the common area at Mahkeenac Shores. Support for the idea — trees tagged

Meeting adjourned

Josh Billings: Where it ends. Photo: Patrick White