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Conservation Commission Minutes, 09/03/2009
Conservation Commission
September 3, 2009
Minutes
Land Use Meeting Room

Members present:
Chair Neal Carpenter, NC; Joe Strauch, JS; Tim Flanagan, TF; Vince Ammendola, VA; Dick Ferren, DF

Absent with notification:
Rose Fitzgerald Casey, RFC; David Lane, DL

Notice of Intent, Mass Audubon, Pleasant Valley Wildlife Sanctuary, 472 West Mountain Rd., Map 21 Parcel 1, use of an herbicide in approximately 5 acres of a wet meadow section.  

Presenting the NOI was Tom Lautzenheiser, Central/Western Regional Scientist and Rene Laubach of Mass Audubon.

Mr. Lautzenheiser responded to comments that had been made by Mark Stinson of DEP and Tom French of NHESP.
 
Mr. Lautzenheiser described the treatment area as five acres, but only about 20 percent of that area is in need of treatment.  This area has primarily two invasive species of buckthorn and bittersweet which over the last six years has been taking over the endangered species of plants.  Mass Audubon has tried hand pulling, but they are unable to get enough man power to manage the invasive species and mowing encourages more rampant growth. It is felt that an herbicide would be an effective means.

Mr. Lautzenheiser proposed using licensed herbicide applicators and using a broadleaf specific herbicide.  The Commission expressed concern about the spray application.  

After considerable discussion, the consensus of the Commission was to treat during the dormant season.

TF made the motion to approve of the Order of Conditions with the following special condition:
Only fall and winter dormant season treatments i.e., basal bark treatment and stem “cut and treat” is permitted at this time.  JS seconded the motion and the Commission voted to approve 5-0.

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, August 20, 2009, September 3, 2009.  At the August 20, 2009 meeting, the Commission decided that the applicant should be notified that it intended to vote on this NOI, as the applicant had failed to provide plans and further detail requested by the Commission in the summer of 2008.  Mr. Heiss and Gail Ceresia of Berkshire Wetland Services were sent letters, and an additional email was also sent to Ms. Ceresia.  Mr. Heiss responded and asked for the hearing to be continued to October 15, 2009 at 7:30 pm so that he could personally appear.   The Commission agreed to this continuation.  

Laurel Lake Preservation Association. On August 31, 2009, Mark Alimansky sent the following email to the Lee and Lenox Conservation Commissions:

Members of the Laurel Lake Preservation Association want to attend individual meetings of the Lee Concom and of the Lenox ConCom to informally discuss progress and plans we’re making to meet the requirements of the May 15th , 2009, email from Lenox ConCom.~ Additionally, and more urgently, as a consequence of the finding of Zebra Mussels in our lake and acting on a request from DCR, we will want to discuss detailed requirements, specifications, and schedule for a 3 ft. drawdown this year, if possible, carving out that part of our previously submitted NOI.~ Can we arrange such an informal discussion period in your meeting schedules? ~

NC was notified at the time of the request and he advised that this issue be brought before the Commission at this meeting.  

Copies of Mr. Alimansky’s request and follow up emails from Mark Stinson of DEP and the Lee Conservation Commission were distributed to the Commissioners.  The Commissioners concluded that because the hearing was continued to a date certain, November 16, 2009, it would be inappropriate to meet informally to discuss the NOI.  In reference to Mr. Alimansky’s statement that the DCR had made a request of the LLPA relative to the finding of Zebra Mussels in Laurel Lake, the Commissioners would like for Mr. Alimansky to provide the Commission with the information he received from DCR that a drawdown should be scheduled this year.

PA will advise Mr. Alimansky and the Lee Conservation Commission.  (Email sent September 4, 2009.)
Mass Highway, Emergency Certification, Route 7 Drainage Improvement (See August 6, 2009 minutes) NC went on a site visit on Sept. 1, 2009 to observe the work being done.  The project is nearing completion with only a few small details remaining.

Minutes of August 20, 2009
TF made a motion to approve the minutes and JS seconded the motion.  The Commission voted to approve 4-0-1 with DF abstaining as he was not present at that meeting.

DF made a motion to adjourn and VA seconded the motion.  The Commission voted to agree 5-1 and the meeting was adjourned at 9:25 pm.

Respectfully submitted,
Peggy Ammendola