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Conservation Commission Minutes, 07/16/2009
Conservation Commission
July 16, 2009
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

Request for Determination of Applicability, Jennifer Sagalyn, 40 Sargent Brook Rd. Map 1 Parcel 29. Construction of a wood frame addition to the southeast corner of the existing house/screen porch.  Paul Tesoniero of Greylock Design Associates presented the application.  He stated that the applicant proposes a small addition of approximately 40 square feet to be placed on concrete filled sono tubes.   The deck will be approximately four feet above the ground.

Ann Phillips, a next door neighbor, was present to express her disapproval.  She says that she objects to the presence of the addition being placed on her side of the property and feels that this new addition will reduce the pervious surface.  NC stated that this is a very small alteration which is above ground and will not impact the resource areas.  Ms. Phillips also mentioned that there is a small pipe which comes from the ground that appears to be a drain of some sort.   Mr. Tesoniero said it could be a footing drain.  At NC’s request, Mr. Tesoniero will look into this.

JS made a motion to issue a Negative 3 Determination and VA seconded the motion.  The Commission voted to agree 5-0-1 with DL abstaining as he was not present for this presentation.

Notice of Intent, Eric Taylor, 439 Pittsfield Road LLC, 439 Pittsfield Rd., Map 33 and portion of Lot 1. Construction of three lane driveway access for drive-up windows and ATM machine. This was continued from July 2, 2009.  

There was a site visit attended by JS, TF and Brett Kaminski on July 13, 2009 to
re-delineate the wetlands.  

Representing the applicant was Brett Kaminsky of SK Design Group.  He reviewed the issues that were brought up at the site visit.  The wetland area has been redefined as the Commission had requested.  Mr. Kaminski said that a change is the location of the manhole and increased depth of it which has required the relocation of the detention cells. A natural swale will feed the wetlands water from the bio detention cells  The planting plan  was revised to mimic the river front and to include species of trees and ferns requested by the Commission.  

TF brought up to Mr. Kaminsky that additional impervious surface is being proposed in the drive through area.  This area would fall under new development in terms of stormwater management. It appears that in the Notice of Intent, this has not been addressed.  Mr. Kaminski took notes which will be presented to SK Design’s stormwater management specialists who will return to the Commission with answers to the questions posed by TF.  

TF made a motion to continue the hearing to August 6, 2009 at 7:30 pm when additional information can be provided on the compliance with the river front and stormwater management regulations.  DL seconded the motion and the Commission voted to agree 6-0.

NC advised Mr. Kaminski to inform SK Design Group that there will be conditions requiring that the silt fence be installed before any work commences, and that a responsible person will check for turtles each day before work begins.

Notice of Intent, Richard Heiss, Sargent Brook Road, Map 1 Lot 2 of Parcel 35.  Continue to mow an existing 6’ wide grass path through the buffer zone and BVW to Laurel Lake; mow a 12’ by 12’ sitting area; install a boat rack, 2 pipes for attachment of removable floating dock, weed-whack parcel two times a year and remove invasive shrubs. Continued from August 21, 2008, September 4, 2008, September 18, 2008, October 2, 2008, December 18, 2008, March 19, 2009, April 16, 2009, June 4, 2009, July 16, 2009.  This has been continued to August 20, 2009 at 7:30 pm.  

Notice of Intent, Town of Lenox for (Route 183) West St.   The proposed project which is within the buffer zone is roadway reclamation, drainage and sewer improvements, sidewalk improvements, and pavement markings and signs. Marc Lavasseur of Foresight Land Services and Jeff Vincent, Superintendent of the DPW were present to present the NOI.

Mr. Lavasseur reviewed the plans with the Commission and went through step by step of modifications and updates.  There is approximately 1500 square feet of BVW alterations in different locations along the length of the project.   Currently the plans are to replicate 1800 square feet.  

A site visit was scheduled for July 23, 2009 at 5:00 pm.    

DL made a motion to continue the hearing to 7:45 pm on August 6, 2009.  RFC seconded the motion and the Commission voted to agree 6-0.  

Minutes:  RFC made a motion to approve the minutes of July 2, 2009 with one edit.  TF seconded the motion.  The Commission voted to approve 6-0.  

Other business:  
Allan Property-Blocking of public access to Post Farm.  The letter approved by the Commission at the July 2, 2009 meeting was submitted to the Town Manager’s office (July 6, 2009) for the BOS to determine if they would want to send the letter to Mrs. Allan on their letterhead or to forward to Town Counsel for him to send a letter to Mrs. Allan  on his letterhead.  PA advised that she sent a follow up on July 15, 2009 to the Assistant to the Town Manager requesting the status.


Respectfully submitted,
Peggy Ammendola