Conservation Commission
Minutes
Land Use Meeting Room]
July 20, 2006
Members present: Chair Neal Carpenter, David Lane, Rose Fitzgerald Casey, Tim Flanagan, Dick and Heidi Ferren, Joe Strauch
7:30 p.m. Jim Scalise, SK Design, for Joe Toole, NOI for proposed Hampton Inn, Map 33 Parcel 1. (Cont’d from June 1, 2006 and June 15, 2006).
Two site visits for this project:
July 17, 2006
July 20, 2006
Mr. Scalise said that after review of Ed Stockman’s letter and discussion with the Conservation Commission, a site visit was set up to discuss finer points of the wetland area to the south of the hotel and plants identified along existing gravel path that bisects two areas of the site. Flags were hung based on interpretation of letter, and adjusted after community review at the site visit on the 17th. These flags have been field surveyed and placed on the plan. Open space planning was discussed. In order to avoid a “take” under the Massachusetts Endangered Species Act, the applicant has been asked to place a Conservation Restriction in and around the development. The CR area was identified as Parcel A, consisting of 46.25 acres, the parcel surrounding Yokun
Brook and 2 large bodies of water on site; Parcel B consisting of 63.4 acres; Parcel C would be for passive recreation-possibly for the proposed hotel.
Mr. Scalise reported that there has been a modification of the site plan to reduce the impact to the wetlands. The replication and basin area has been relocated and his goal is to have a revised plan that will be complete before the ZBA meeting on August 9, 2006.
Mr. Scalise submitted a draft of conditions for the Order of Conditions.
A Municipal Certification form was submitted by Mr. Scalise. Natural Heritage needs this in writing, certifying that the Town of Lenox feels that putting Parcel A in a CR is in the public interest.
The Commission has asked the applicant to restore the gravel road on the south side, probably 100 feet in, which avoids the turtle habitat. (Tim will mark it.) The berm will be removed, i.e., leveled out.
The Commission discussed with the applicant the conditions which would apply to this project.
Mr. Toole hopes to begin the site work on this proposed hotel September 1, 2006 with completion by mid summer of 2007.
Rose made a motion to approve the project with special conditions and Dick seconded the motion. The Commission approved 7-0. The conditions will be drafted.
Kennedy Park, Baker Pond improvements, Map 22 Parcel 21. Jeff Randall of Hill Engineers filled in for Jason Krzanowski.
Greg Federspiel, the Town Manager and Bob Coakley of the Kennedy Park Committee were in attendance.
This project is for restoration of Kennedy Park at Route 7 & 20 and West Dugway Road. The work will be to clear out about 3 acres, as approved by Natural Heritage, and the repair and restoration of Baker Pond. The letter from Natural Heritage dated June 29, 2006 states the project will not adversely affect the actual resource Area Habitat provided that erosion control barriers are removed upon completion of the work. Fish will be removed and the salamanders will be protected.
The group discussed the gulley that continues to erode at the edge of Highway 7 & 20. The Commission has been unsuccessful in getting MA Hwy to make repairs. Greg said that the deed for the transfer of this property from the Commonwealth to the Town of Lenox clearly states that Mass Highway is responsible for the maintenance. The Commission feels that there is a need for more detail for this area, citing the depth and width of the gulley. A bridge would be needed to cross. Greg will aggressively pursue with the state. Greg said he “will not spend Town money on MA State property.” Until there is resolution, no work will be done in the immediate area of the gulleys and work to the north of the gulley is contingent on access.
Red chokeberry was on the plan as a choice of planting. The Commission stated they wanted winterberry instead.
In regards to the clearing of the vista, the trees will be removed, but the stumps will remain, cut as flush to the ground as possible. The completion should be by October 15. Conservation mix will be used for reseeding.
The trail system will be put into place. A loop will be done at the northern end. The drawing on the plan did not indicate this. This is the area just north of the gulley.
The repair work will start as soon as possible with the pond work to be done in the fall.
Joe made a motion to approve with conditions. Dick seconded the motion. David and Tim abstained. The Commission approved 5-0.
Dick said that the Commission should receive an updated approval letter from Natural Heritage.
Other Business:
· Minutes, July 6, 2006: David made a motion to accept the minutes and Dick seconded the motion. The Commission voted 7-0.
· Mike Giles: Mr. Giles sent an Email to the Conservation Commission on July 17, 2006 inquiring about how to go about putting in a dock at his residence at Laurel Lake. Neal will contact Mr. Giles.
· Merritt on Walker St.: Letter of July 19, 2006 sent to Mr. Merritt advising him that continued non-compliance would result in referral to the DEP unless something is done before end of July. First letter sent May 23, 2006.
· David Ferry, East Street: Neal met with Mr. Ferry at his home and discussed the Wetlands Protection Act and a property owner’s responsibility to compliance. Mr. Ferry had removed trees that were close to the structure and although the Conservation Commission would have approved of the work, they requested that he consult with the Commission prior to any other work. Mr. Ferry was cooperative.
· Post Farm fence: Neal has spoken to Representative Smitty Pignatelli who said he would look into securing a fence for this property.
· Building Permits: Neal responded to two requests from the Building Inspector to look at the two parcels where construction is proposed.
1. Paul Bruzzi’s property at 13 Taconic
2. Matthew Heim, Lime Kiln Road
· Municipal Certifications
1. Toole-Hampton Inn
2. David Case-Lenox Gateways
Respectfully submitted
Peggy Ammendola
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