Conservation Commission
December 4, 2008
Minutes
Land Use Meeting Room
Members present:
Chair Neal Carpenter, NC; Joe Strauch, JS; Tim Flanagan, TF; Vince Ammendola, VA; Rose Fitzgerald Casey, RFC; David Lane, DL; Dick Ferren, DF
The three following RDA’s were submitted by Ann Bruzzi of Berkshire Engineering, Inc. She represented each of the property owners. Ms. Bruzzi provided documentation proving that she had advertised each RDA in the Berkshire Eagle on November 25, 2008.
Site visits: On November 22, 2008, all three sites were visited. Those attending were: Mike Kulig of Berkshire Engineering, and the following Commissioners: NC, VA, JS, DL. TF went to Laurel Lake and Hawthorne at a later date.
Ned Roche, RDA, 89 Laurel Lake, Map 1 Parcel 39, RDA, septic system. Ms. Bruzzi reviewed the plans with the Commissioners. She stated that this was a failed system which needed to be upgraded.
JS made a motion to approve the RDA with a Negative III Determination and RFC seconded the motion. The Commission voted to approve 7-0.
James Chervenak, RDA, 60 Hawthorne St., Map 6 Parcel 26, RDA, garage.
At the site visit it was determined that the wetlands were contiguous and jurisdictional and that the Commission would be satisfied with the sighting of the garage 25 feet from the border of the wetland.
DL made a motion to issue a Positive I Determination and VA seconded the motion. The Commission voted to approve 7-0.
An NOI was filed December 4, 2008. Ms. Bruzzi will be responsible for advertising the legal notice. The hearing will be on December 18, 2008 at 7:30 pm.
Wayne McCormack, RDA, 370 East St., Map 48 Parcel 39, septic system. Ms. Bruzzi said that this was a failed system which needed to be upgraded.
JS made a motion to issue a Negative III Determination and VA seconded the motion. The Commission voted to approve 6-0-1 with DL abstaining.
Laurel Lake: Deidre Consolati and five other interested parties and or owners of property on Laurel Lake came in for an informal meeting to discuss the recent violation notice (November 21, 2008) issued to Roger Scheurer of Schweitzer Mauduit, International regarding the unauthorized drawdown of Laurel Lake to repair the dam. Ms. Consolati read and presented her letter dated December 4, 2008 to the Conservation Commission. She requested that the Commission follow up on this matter and to contact the Army Corp of Engineers.
NC stated he had noticed the draw down and called to see if a Notice had been filed with Lee, as one had not been filed with the Lenox Conservation Commission. He also contacted Mark Stinson of DEP who advised NC of the status and of the Enforcement Order by the DEP.
Ms. Bruzzi participated in the discussion and said that she had spoken to Mr. Scheurer regarding the draw down and he said that he had informed the Lee Conservation Commission of his intentions to lower the level of the Lake in order to repair the dam.
The Commission acknowledged that the work warranted formal authorization, but that the draw down did occur at the right time of year to have the least impact on the natural habitat.
Minutes: RFC made a motion to approve the minutes of November 20, 2008 and TF seconded the motion. The Commission voted to approve 6-0-1 with DF abstaining as he was not at the meeting..
Post Farm Access: Town Counsel Jeremia Pollard sent a letter November 25, 2008 to the Conservation Commission outlining his research into deeds of the property where access to Post Farm is blocked and to say that the Town has rightful access to Post Farm at this point. NC stated the access is still blocked by logs and asked the Commission for their opinions as to how to proceed. NC did contact the Town Manager to see how to proceed.
Mass Hwy: NC said that he has been unsuccessful at reaching David Abbott to discuss the status of the NOI filed May 22, 2008. DL gave NC contact information for another employee at Mass Hwy.
Respectfully submitted,
Peggy Ammendola
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