Conservation Commission
December 3, 2009
Minutes
Joint Meeting with Lee Conservation Commission at Lenox 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; John Coty Jr., JC; Ann Langlais, AL; Marilyn Hansen, MH
Also present was Andrew Madden of NHESP.
Laurel Lake Preservation Association, Inc., Amended 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.) Continued from Nov. 16 to Dec. 3, 2009. The Amended NOI was received on November 25, 2009.
Mark Alimansky presented the Amended NOI in which he said the LLPA, Inc. is requesting a 5 foot drawdown. He stated that he has filed with DEP, DCR, and NHESP. He then referred to a letter dated December 3, 2009 (today's date) that he received from Dr. Thomas French of the Division of Fisheries and Wildlife. This letter had also been received by the Commission via email on today's date and copies were provided to all Commissioners at tonight's hearing. Mr. Madden was present to answer any questions related to the content of this letter. (The letter stated that the NHESP had approved an earlier proposal for a 3-foot drawdown, herbicide application and hand-pulling to control aquatic invasive plants, but that the Amended NOI and supporting materials, states the purpose for a drawdown
depth of 5 feet is to control the Zebra Mussel. The letter goes on to say that neither the Fisheries Section nor the NHESP believe that the proposal will effectively control Zebra Mussels or their spread. Furthermore it is stated that should the Commissions still elect to approve some form of this proposed project, the applicant will be required to adhere to the guidelines provided in the 2004 Eutrophication and Aquatic Plant Management in Massachusetts Final Generic Environmental Impact Report.) As a result of conversations with the different agencies and the content of this letter from Dr. French, Mr. Alimansky requested a continuation of this hearing to May of 2010.
It was pointed out by both Commissions of two deficiencies in this Amended NOI as submitted. The first being the depth of the draw down, no depth was mentioned, and the second being the frequency of the draw downs, i.e., was the request for one year or two years etc. Both of these items must be corrected in the Amended NOI.
DL asked Mr. Alimansky if the Association would have all of the necessary information that is required by the State for the Commissions' review. Mr. Alimansky stated that they would be unable to, due to lack of financing. VA suggested that the Association withdraw their request until they were able to fund the studies necessary to meet the requirements. Discussion ensued and it was agreed to continue.
During this discussion Mr. Alimansky stated that he felt it was the responsibility of the Commissions to inform the LLPA, Inc. of its interpretations of the state's regulations.
(In a memo dated May 14, 2009, the Lenox Conservation Commission provided to Mr. Alimansky a list of questions raised in the review of the NOI that they wished to have clarified. This does represent the interpretation by the Lenox Conservation Commission. Also it should be noted that at the March 2, 2009 hearing, the applicants were advised that the NOI as presented does not follow the steps as outlined by Guidance for Aquatic Plant Management in Lakes and Ponds, as it relates to the Wetlands Protection Act. It was also stressed that the applicants follow the steps as outlined in that document. It was recommended that the applicants read Massachusetts Volunteers Guide for Surveying a Lake Watershed & Preparing an Action Plan.)
RFC made a motion to continue this hearing to May 17, 2010 and JS seconded the motion. The Lenox Conservation Commission voted 6-0 to continue.
JP made a motion to continue this hearing to May 17, 2010 and John Coty seconded the motion. The Lee Conservation Commission voted 5-0 to continue.
Other Business:
[Marker]On December 2, 2009, NC and VA met with Greg Federspiel, to inspect property vacated by Jeannette van Lingen, 135 Laurel Lake Road, House at Edith Wharton Park.
[Marker]NC advised the Commissioners of the MEPA Consultation Session at the Niagara Mill on December 4, 2009 at noon.
[Marker]NC checked the silt fence at the Niagara Mill on December 1, 2009 and found it to be in compliance.
[Marker]Site Visit will be at the former Leaning Institute, 150 Pittsfield Rd., 8 am on December 5, 2009.
Minutes:
1. November 5, 2009- JS made a motion to accept the minutes and RFC seconded the motion. The Commission voted to approve 6-0.
2. November 16, 2009- TF made a motion to approve the minutes with two minor edits and RFC seconded the motion. The Commission voted to approve 6-0.
Respectfully submitted,
Peggy Ammendola
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