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Conservation Commission Minutes, 02/19/2009
Conservation Commission
February 19, 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

Kennedy Park:  (Map 22 Parcel 21) Bob Coakley of the Kennedy Park Committee and Bernard Kirchner of Berkshire Pathway came in to discuss the Order of Conditions granted in August 17, 2006.  They wanted to commence the work and Mr. Kirchner wanted to know how to proceed.  He proposed bog bridging and additional paths.

The Commission reviewed the approved plans and advised Mr. Coakley and Mr. Kirchner that the only work that could be done at this time would be that which had been approved.  Mr. Coakley produced an 8 ½ by 11 copy of a plan which showed additional paths.  These paths were not approved.

Mr. Coakley expressed his frustration saying that he and others have gone through a series of steps over several years and finally succeeded in getting money from the Community Preservation Act. He thought the filings were done.

The Commission explained to Mr. Coakley that the plan submitted and approved avoided the wetlands, but the new paths proposed go through the wetland which is prohibited. Mr. Coakley was told that he could file for a project change, file a new Notice of Intent or proceed with the project under the approved Order of Conditions.  He was advised that the current Order expires in September, so if the work is not done, an extension should filed.

Mr. Kirchner stated he would meet with Town Manager Greg Federspiel and have him file a new Notice of Intent.

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, February 19, 2009.)  Continued to March 19, 2009.

RDA, Berkshire Montessori School, Inc. Patterson Road; Map 2 Parcel 27.  Construction of a school and related site work. Continued from Feb. 5, 2009.  There was a site visit on February 7, 2009.  Attending was Rob Hoogs of Foresight Land Services, TF and NC.  The delineation flagging was not approved due to the winter conditions.  All work was over 130 feet of the flagging however.  TF made a motion to issue a Negative Determination #4 and VA seconded the motion.  The Commission voted to agree 5-0.
Laurel Lake Preservation Association, Inc., NOI, Laurel Lake, integrated management program to control aquatic vegetation, continued from January 15, 2009. Continued at applicant’s request to March 2, 2009 at 7:00 pm.  Location will be at the Lee, MA Town Hall.

Minutes:  JS made a motion to approve the minutes of February 5, 2009 and VA seconded the motion.  The Commission voted to approve 5-0.

Other business:

·       NC advised that he received a call from Jeff Heidelberg regarding the Price Chopper NOI.  The project is on hold due to a possible finding of rare endangered plant species by Natural Heritage.
·       JS gave an update of the Community Preservation Committee.  Their next meeting will be held on February 23, 2009.

Respectfully submitted,
Peggy Ammendola