Town of Lenox
Conservation Commission
September 21, 2006
Minutes
Land Use Meeting Room
Members present: Chair Neal Carpenter, Joe Strauch, Rose Fitzgerald Casey, Tim Flanagan, David Lane
Members absent with notification: Dick and Heidi Ferren
7:30 p.m. Shakespeare and Co., Inc. NOI, 70 Kemble St., Map 7 Lot 22, theatre renovations and related site work. Rob Hoogs of Foresight Land Services reviewed the plans with the Commission. Nick Fuga, Chief Financial Officer of Shakespeare and Co., was also present. The major part of the project is to make improvements to the BPAC building with minor improvements to existing parking and drainage around BPAC. Most of the work is within the 100 foot buffer zone. Mr. Hoogs stated that essentially all driveways and parking already exist but with this project they will be reducing the amount of pavement and gravel surfaces. The only significant wetland impacts relate to the present driveway. The proposed driveway will be on the east side of the building. This will replace
the existing driveway on the west side. About 960 square feet of wetlands will be altered and will be replicated with the creation of a rain garden wetland system, planted with native, non invasive plants. The existing catch basin where the drainage will ultimately go will be improved. The only other work is related to the existing entrance to the BPAC theatre. It will be removed and bus parking will be created. Erosion and sedimentation measures are proposed and are indicated on the plans submitted. This project includes replacing old catch basins without sumps with new catch basins with sumps. The existing storm water basin will remain undisturbed This is a redevelopment project which requires the applicant to meet the storm water management guidelines to the extent feasible, which Mr. Hoogs feels the project will meet.
Site Visit for this project was September 20, 2006. Attending were Rob Hoogs, Neal Carpenter, Tim Flanagan, David Lane and Joe Strauch
The Commission requested that Rob Hoogs oversee the storm water management for the first few years and report to the Commission.
By reducing and organizing the parking areas there will be more room for snow stockpiling.
This project is not expected to commence until next year, but a tank that was already approved by the Commission to be removed will be removed in the near future. A construction manager, Allegrone Construction, has been hired, and the removal is slated to be completed soon.
As a maintenance effort, and included as part of this NOI, the applicant proposes to trim trees by BPAC are overgrown and arching over the roof. There will not be excavation of roots.
Tim asked Rob about the table. Rob said that there are a lot of measures the table does not let the applicant take credit for and Rob said that he did not get into drainage calculations. DEP does not like for a swale to be counted as sediment fore bay. Rob feels it will function as one, but it cannot be counted. There is not a file number for this project, so the public hearing has to be continued. At the next meeting Rob will be prepared to discuss this further.
Joe made a motion to continue and Rose seconded the motion. The Commission agreed 5-0. The continuation is scheduled for October 5, 2006 at 7:30 p.m.
8:00 p.m. Robert Sitzer, NOI, 152 Plunkett St., Map 3 Lot 75, proposed garage and septic upgrade. (Continued from 8/17 and 9/7.) Mr. Sitzer was present and he stated that he has no alternative location for the garage, (the Commission suggested an alternative at a previous hearing) other than the one previously shown on plans. Therefore he is withdrawing his request for the garage. An existing gravel driveway will be blacktopped and he wishes to continue with the septic upgrade and patio. The Commission stated that there was no need to file for the driveway since it is an existing driveway.
Dave made a motion to approve the new leaching field and patio and Tim seconded. The Commission approved 5-0.
Site Visit-Holmeswood Terrace: On October 13, 2006, the Commission met with Steve Allen to discuss violations of the Wetland Protection Act. As a result of that meeting, Mr. Allen said that he will fill-in the fish pond he had planned and remove blacktop that has been stockpiled on his property. Conservation Commission members attending were: Neal, Rose, Tim, & Joe.
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. continued hearing.
Site Visit: Oct 13, 2006. Those attending were Commission members: Tim, David, Rose, Joe, and Neal. Others included: Al Joyner, Jim Herrick, Gail Ceresia, Jim Scalise and Brett.
Present was Jim Scalise of SK Design who submitted revised plans (September 21, 2006) which shows the adjustments made after meeting with Mr. Herrick at the site visit on October 13. (These are noted as B, B3A, and 4A on the revision.) Jim Scalise said this information has been also sent to DEP.
Mr. Scalise explained to those in attendance that the purpose of the filing of the Abbreviated Notice of Resource Area Delineation is for the Conservation Commission to confirm and make a determination as to the location of the wetland resource areas that are protected under the Wetland Protection Act. Flags are placed on the property to illustrate where it is thought the areas are. He stated that as a result of the site visit and discussions with those in attendance at the site visit, flags have been relocated. Jim Scalise conceded that this was done without further debate. He said that the goal of the developer is to prepare a plan that will work within the parameters allowed. He feels the wetland line is “a good line, conservative, safe line”.
The Commission stated that the Commission and DEP have jurisdiction of within 100 feet of wetland and 200 feet of perennial stream. Each project is looked at individually so this distance could vary.
Mr. Scalise apologized and took responsibility for failure to originally notify all abutters to this property. He explained what had happened and what he had done to rectify. He explained that the process has now been followed and that those who have been present and participated at the meetings, site visit or Conservation Commission hearings, obviously were aware of these meetings.
Those in attendance were reminded that the purpose of this application is only to determine the wetland delineation. This is the first step in the process. If the developer feels that he desires to develop the property, there are other processes that must be followed.
Dave made a motion to approve the Abbreviated Notice of Resource Area Delineation and Rose seconded the motion. The Commission agreed 5-0.
Mr. Scalise explained the process of an appeal to this decision. He said that once the signed paperwork for this approved filing is received by DEP, an abutter could appeal. If one is not an abutter, an appeal could be made, but 10 people must sign a form to appeal. (Form and information is available on the DEP website.) There is a $200 fee. After the appeal is filed, a public meeting would be held with a representative from DEP where the delineation line is walked, and the appellant could give their reasons for appeal.
Other business:
Joe Toole and Attorney Phil Heller asked Jim Scalise to informally present to the Commission a copy of the Conservation Restriction for Mr. Toole’s Hampton Inn project. This document is to be signed by the Conservation Commission and Select Board. The Commission wanted to speak to the Town Manager, Greg Federspiel, as they have reservations about signing.
Minutes: Joe made a motion to approve the minutes of September 7, 2006 and Rose seconded the motion. The Commission approved 5-0.
Rose made a motion to adjourn the meeting and Joe seconded the motion. The Commissioned agreed 5-0.
Respectfully submitted,
Peggy Ammendola
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