Conservation Commission
November 16, 2009
Minutes
Joint Meeting with Lee Conservation Commission at Lee Town Hall
Lenox Members present:
Chair Neal Carpenter, NC; Joe Strauch, JS; Tim Flanagan, TF; Vince Ammendola, VA; Rose Fitzgerald Casey, RFC; David Lane, DL;
Lenox Member Absent with notification: Dick Ferren, DF
Lee Members present: Chair Deborah Garry, DG; John Philpot, JP; Stuart Dalheim, SD; Kathleen Arment, KA; John Coty Jr., JC; Ann Langlais, AL; Marilyn Hansen, MH; Harold Sherman, HS
Laurel Lake Preservation Association, Inc., NOI, Laurel Lake, integrated management program to control aquatic vegetation, continued from January 15, 2009, March 2, 2009, and April 2, 2009. Continued from June 1, 2009. (Prior to June 1, the applicants requested that this hearing be continued to November 16, 2009 to permit time to comply with the request of the Lenox Conservation Commission.)
Representing LLPA, Inc. was Mark Alimansky, the president of the Association. He had a prepared statement to which he referred to in his presentation. He reviewed the Notices of Intent that were submitted to both towns in November 2008. As a result of the findings of Zebra Mussels during June of this year, the Association is now asking that the Notices be amended to allow a five foot drawdown and requests the Commissions to issue Emergency Orders of Conditions.
Mr. Alimansky stated that the Association has not been able to fully comply with the May 2009 memo from Lenox which listed among other items the need for a management plan because of the lack of funds and the original filing, which was focused on the Eurasian Milfoil, has now been overshadowed by the presence of the Zebra Mussel.
Mr. Alimansky said that without a program for control of the Zebra Mussel, there is a threat to the Housatonic River.
A 15 page handout on draw-down strategies and trials of lakes in different parts of the United States was made available by Mr. Alimansky to all Commissioners and the citizens who were present.
Discussion ensued as to whether there should be new NOIs for just the drawdown for the control of the Zebra Mussel or the practicality of amending the current NOIs or withdrawing them altogether. Mr. Alimansky was advised that even an emergency order would have to be reviewed by Natural Heritage.
JP (Lee) suggested that the current NOIs be closed out and an emergency order be given for just one year.
TF (Lenox) stated that Zebra Mussels have already been found in the Housatonic River therefore this is not an emergency.
The hearing was then opened for public comment.
Jack Hickey suggested that an Order of Conditions be issued for the draw down to commence this fall.
Dennis Regan of Housatonic Valley Association said that “lots” of Zebra Mussels would be killed in a drawdown, but asked what the impact of a drawdown would be on other species. He said that information on the Zebra Mussel is still being gathered, and suggests working together to create a management plan.
Deidre Consolati expressed her concern about the effect of a drawdown on the wetlands at the end of the lake that are located in Lenox.
TF stated that specimens of the Zebra Mussel found at the dam site of Laurel Lake were of such a size as to indicate a four year growth pattern. He advised the Association to be careful of taking results or trials from one lake to another and stated that without proper attention to the water chemistry of the lake under certain circumstances, it is possible that a drawdown would increase the invasivability of the mussel than decrease it. He said that information provided by the proponents that Natural Heritage had approved a drawdown, was focusing solely on the endangered
snail species resident in the lake rather than the entire ecology of the lake.
Gail Cerisia asked for clarification that the information Lenox Conservation Commission had requested months ago had not been forthcoming. She does not feel that there is any urgency to act on the Zebra Mussel.
NC (Lenox) told Mr. Alimansky that the Association has not provided enough information. He said that it is too late in the season to draw down the lake without hurting other species and that the Commissioners must follow DEP guidelines. He questioned if there really is an emergency. In closing, NC told Mr. Alimansky that the Commission did not have sufficient information required for a drawdown to be approved, therefore the Lenox Conservation Commission would have to deny for lack of information.
JS (Lenox) advised Mr. Alimansky that by the next hearing date, he would have all of the required information as listed in the state guidelines for a drawdown.
Mr. Alimansky argued that there is a new ecological climate, citing the warm temperatures this fall.
Mr. Alimansky said that he would be filing amended NOIs right away. The Commissions agreed to continue this hearing to December 3, 2009 at 7:30 at the Lenox Town Hall. He was reminded that the Commissions would still need to hear from Natural Heritage.
Respectfully submitted,
Peggy Ammendola
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