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Conservation Commission Minutes, 05/14/2009
Conservation Commission
May 14, 2009
Minutes
Land Use Meeting Room

Members present:
Chair Neal Carpenter, NC; Joe Strauch, JS; Tim Flanagan, TF; Vince Ammendola, VA
Dick Ferren, DF; Rose Fitzgerald Casey, RFC; and David Lane, DL

Jason Krzanowski, Hill Engineering, Kennedy Park Map 22, Parcel 2.
Mr. Krzanowski appeared before the Commission to ask questions regarding his request for an extension of the Order of Conditions.  He told the Commission that work on this project is continuing now that funds have become available.  Bids are due by May 27, 2009.  In an attempt to save money on the project he asked whether coir logs could be used rather than the conventional silt fence and hay bales.  He also requested if the trees that are to be removed could be felled and chipped on site and the remains be spread around instead of removed from the site.  He further requested to narrow the proposed drain from 18” to 6” with a depth of 3 feet and take the excavated earth and feather it along the drain rather than to remove it from the site.  After discussion and consideration the Commission agreed to all three requests.  With regards to the coir logs, the Commission asked that when the logs were in place to notify them and when the project was complete the logs are to be removed.   He also asked about the removal of the invasive shrubs at the dam base by treatment of the stems instead of pulling the roots.  It was agreed that the best action would be to treat the stems and that this process should be part of an ongoing management program by the Kennedy Park Committee.  The Commission will grant a two year extension at next month’s meeting.  Mr. Krzanowski will provide to the Commission a copy of the addendum that is to be provided in the bid which will specify the items agreed to.

Valley Mill NOI Lenox Valley WTF, LLC, 64-68 Willow Creek Road Map 9 Parcel Parcels 7 & 8.  Reopening of the public hearing which originally was held on March 19, 2009 and continued to April 2, 2009. Modification to the existing Lenox Transfer Station and associated site work. The reopening of the public hearing had been scheduled for May 7, 2009, but because that is the Annual Town Meeting date, it will be continued to May 14, 2009.

Making the presentation was Matt Puntin of SK Design Group and Tom Garrity of Lenox Valley.  New plans were presented as a result of comments made by Natural Heritage. The new plans included additional stormwater treatment features including a water quality swale and modifications to the outlet area.  Natural Heritage approved these changes.  

RFC made a motion to approve the plan dated April 10, 2009 and DL seconded the motion.  The Commission approved 7-0.

Toole Properties 2001, Inc. Notice of Intent, 439, 449 and 461 Pittsfield Rd.,  Map 50/ Map 33/ Map 33-Lot 1/ Lot 1.1/ Lot 2.  Includes work that will alleviate the historic drainage/flooding problems experienced on the project property, specifically adjacent to the southwest corner of the Yankee Inn Building.  Continued from April 16, 2009.

Making the presentation was Matt Puntin of SK Design Group.  The new plan depicted the revised elevations for the proposed drain line to take the overflow from the current drainage system.  The plans also showed a delineation of a separate wetland portion immediately adjacent to the building.  The Commission accepted the drainage proposal, but rejected the delineation of a separate isolated wetland in favor of a contiguous wetland which the Commission felt was the case. The Commission therefore voted to continue when the applicant will provide an updated drawing depicting the entire wetland area as a contiguous unit.

DF made a motion to continue the hearing to May 21, 2009 at 7:30 pm and JS seconded the motion.  The Commission voted to continue 7-0.  

Mass Hwy, Notice of Intent 270 Main St., Map 17 Parcel 57, capping of an inactive solid waste disposal area. Continued from April 16, 2009.

Making the presentation was Dave Abbott, Environmental Coordinator of District 1, Mass Highway.  Mr. Abbott presented the final drawings for the proposed cap.  He provided all the information requested and the permeability figures, slope of the semi-permeable under cap and top soil upper layer. The plans also included the revised delineation of the wetland area adjacent to the landfill site which was verified by the Commission’s site visit.  Also the plans depicted the mitigation area (500+ sf) to replace the wetland (253 sf) which would be impacted by the installation of the cap.  

After reviewing the plans a discussion ensued culminating with a request by the Commission for the possible inclusion of a 5 to 10 foot wide buffer from wetland flag #8 to wetland flag #12 during the construction of the cap.  This vegetative buffer would help to mitigate the runoff from the proposed cap to the wetland.  The applicant agreed that this request could be included in the contractor’s work plan.

DL made a motion to accept the project as presented and VA seconded the motion.  The Commission voted to agree 7-0.

Schweitzer Mauduit Intl., Niagara Mill Notice of Intent, 2 Mill Street, Map 2 Lot 31. The proposed project is to realign the pipe which is partially located under the existing mill structure and to remove/discontinue several drainage pipes that are currently non functional.

Mike Kulig of Berkshire Engineers presented the final drawings for this project that were verified by the Commission’s site visit.  He gave a brief overview.  

JS made a motion to approve the project as presented.  DL seconded the motion and the Commission voted to approve 7-0.

Aspinwell, David Case extend O of C, Map 17 Parcel 40, 55 Pittsfield Rd. Extend Order of Conditions.

Bob Fournier of SK Design Group presented a list of completed items that had been requested by the Commission to secure an extension to the Order of Conditions.  The list included:
1)      Replacing the 36 inch concrete drain pipe from the holding pond with a 24 inch culvert as originally proposed
2)      Removing all the scrap material from the infiltration area behind building #12
3)      Repairing and repositioning the silt fences and installing hay bales behind building #12
4)      Repairing and repositioning the silt fences along residential condominium area.
5)      Inspecting the silt traps in the drainage system and removing the excessive silt from two of them.

Mr. Fournier also presented a plan for the management of the drains behind building #12 which would mitigate the runoff into the buffer.  

(Mr. Fournier informed the Commission that a new proposal for construction would be forthcoming to modify the original proposed construction of the condominium structures.  According to him the new buildings would have the same basic foot print but would include expanded parking surface.  When the plans are finalized they will be presented to the Commission.)

After reviewing the list of completed work the Commission elected to extend the Order of Conditions for an additional six months to enable the applicant to return with his revised plans for construction.

DF made a motion to extend the Order of Conditions to November 14, 2009 and VA seconded the motion.  The Commission voted 6-1 in favor to extend the Order.  TF cast the dissenting vote.

Laurel Lake Preservation Association, Inc., NOI, Laurel Lake: NHESP Tracking number 08-25953; Lenox DEP File Number 198-0242; Lee DEP File Number 196-0371- The Commission reviewed a document prepared by TF which outlined the information they need in order to act on the NOI.  This detailed information was requested by Mark Alimansky, spokesman for the Association.  Two additions were made.  The Commission requested that PA send the completed document to both Mr. Alimansky and the Lee Conservation Commission.

A letter from Mr. Alimansky was received asking the Commission to continue their joint meeting with Lee Conservation again from June 1, 2009.  No specific date was requested.  DF made a motion to agree with Mr. Alimansky’s request for a continuance and JS seconded the motion.  The Commission agreed 7-0.

On May 15, 2009, PA sent via email both the document and the decision made to approve a continuance to Mr. Alimansky and Martie Martin, the contact for the Lee Conservation Commission.  

Site visits:
1.      May 7, 2009, Woods Pond Canoe Launch-Attended by Dennis Reagen, RFC, JS, VA, DL, TF, and NC
2.      April 23, 2009, Mass Highway-Attended by Marshall Dennis, David Abbot, VA, JS, TF, DL and NC
3.      April 23, 2009, Schweitzer Mauduit, Intl-Attended by Ann Bruzzi, VA, JS, TF, DL and NC
Minutes:
        April 16, 2009-RFC made a motion to approve the minutes as presented and DF seconded.  The Commission voted to agree 7-0.

Respectfully submitted,
Peggy Ammendola