Town of Lenox
Conservation Commission
Land Use Meeting Room
Minutes
September 7, 2006
Members present: Chair Neal Carpenter, David Lane, Tim Flanagan, Rose Fitzgerald Casey, Joe Strauch, Dick Ferren
Absent with notification: Heidi Ferren
7:30 p.m. General Electric Company, RDA, property at New Lenox Rd., Map 29 Parcel 1, to demolish house within riparian/buffer zone. (Previously scheduled for 8/17/06 but legal ad did not run as submitted.) Michael Kulig of Berkshire Engineering presented the RDA. This property is formerly known as Devoe Farm and is located at the corner of Roaring Brook Road and New Lenox Road. The project is a continuation of the clean up (barn and silo demolition) and involves accessing the water line which runs along the driveway to the farm house. The job will take, at most, two days. Silt fencing will be put into place. David made a motion to approve the RDA with a Negative 3 Determination. Joe seconded the motion. The Commission approved 6-0.
7:45 p.m. Robert Sitzer, NOI, 152 Plunkett St., Map 3 Lot 75, proposed garage addition and septic upgrade. (Continued from August 17, 2006) Michael Kulig, of Berkshire Engineering was present. Neal asked that the revised site plan be dated and Michael concurred. Hearing continued to September 21, 2006 at 8:00 p.m.
8:00 p.m. Buccaneer Development, Abbreviated Notice of Resource Area Delineation, property at 12 East St., Map 4 Parcel 34, to review BVW delineation and Mean annual High Water Line. Presenting the Notice was Sarah Schultz of S & K Design. Sarah presented the plan showing the delineation for this 24 acre parcel of which 30 % is in the Wetlands. The purpose is for the potential development of this parcel. The Commission conducted a site visit, and some changes as a result of that site visit were made in the delineation.. There were approximately 20 abutters present. Jim Herrick, one of the abutters, raised questions about the accuracy of the delineation. He said from his observation at the site visit, there was more wetland than was delineated. He cited wetland
vegetation as evidence of his determination. It was explained that because wetland plants exist does not mean land is wetland; that wetland scientists are familiar with all attributes which define wetlands, are qualified to determine what a wetland is. Another abutter expressed concerns about storm water management. It was explained to all in attendance that the purpose of this Notice, was merely to delineate wetlands, a very preliminary requirement to determine what could be done with a property. All were advised to attend any hearings that may involve proposed development on this property.
It was determined that the Commission would conduct another site visit to review the delineations and the questions raised by Jim Herrick. The time set is September 13, 2006 at 6:00 p.m.
There were no comments from DEP on this file, but a number was issued. Continued to September 21, 2006 at 8:30 p.m.
8:30 p.m. Steven Allen, 28 Holmeswood Terrace, Discuss violations of Wetlands Protection Act. At a previous site visit of Richard Chen’s property on Holmeswood Terrace, the Commissioners recognized violations at Mr. Allen’s residence. Mr. Allen appeared as a result of a letter which to Mr. Allen in which it was requested he come before the Commission. Neal told Mr. Allen that the Commission had observed unauthorized work on his property which is in a resource area. Mr. Allen said that he wanted to put in a small fish pond. He also addressed a concern of the Commission’s that the black top (asphalt) for his drive way was removed and piled in the back. He has plans to have this removed. It was determined that the Commissioners should conduct a
site visit which was set up for September 13, 2006 at 5:30 p.m.
Other Business:
1. Community Preservation Act: Joe will be the Conservation Commission’s representative.
2. Walter Wilson’s home: Neal approved the foundation.
3. Audubon: Joe said that Rene Laubach of Pleasant Valley Sanctuary has informed him that Mass Audubon will hold the Conservation Restriction for the Toole property.
4. Merritt Property, Walker Street: Neal advised the members that after two letters to Mr. Merritt, and one response from him promising to remedy the issue of silt (from a newly constructed soccer field) on to property to the north, nothing has yet been done. Commission will discuss further.
5. Mobil Oil: Attorney Jeff Lynch has asked for a Certificate of Compliance for work done in 1992. This is to create a “clean” title. Neal reviewed the files and advised the Commission that the work that was to be done was the drilling on test wells, and all has been completed. Rose made a motion to approve the C of C and Dick seconded the motion. The Commission approved 6-0.
6. Housatonic Street, sidewalk project for the Town of Lenox: Jeff Vincent, Supt. of DPW, requested the Order of Conditions be extended for 3 years. Dick made a motion to approve the extension and Rose seconded the motion. The Commission approved 6-0.
7. Minutes-August 17, 2006: Rose made a motion to approve the minutes with one minor edit. Joe seconded the motion. The Commission approved 6-0.
The next meeting is September 21, 2006 at 7:30 p.m.
Respectfully submitted,
Peggy Ammendola
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