Conservation Commission
April 15, 2010
Minutes
Town Hall
Members present:
Chair Neal Carpenter, NC; Joe Strauch, JS; Tim Flanagan, TF; Vince Ammendola, VA; David Lane, DL; Rose Fitzgerald Casey, RFC; Dick Ferren, DF
Toole Properties, Map 33 Parcel 1-Informal
Present were Joe Toole, Mollie Toole, Larry Toole and Robert Healey.
The land which is in Conservation Restriction has an established trail, and Mr. Toole wants to install swamp mats at 3 different locations to cross the wetlands. He proposes 26 sections of 275 linear feet.
Mr. Toole was advised that he will need to have the property delineated in the areas where he wishes to put in the mats and an NOI will have to be filed.
Lisa Dachinger Map 29 Parcel 5, 345 New Lenox Rd., Request for Determination of Applicability. The proposed project is for the construction of a curbed, concrete heavy use area sized 72’ wide by 100’ long and 5 inches thick.
Presenting the RDA was Ms. Dachinger. The Commissioners advised that because the project is in the flood plain, the dirt removed must be taken out of the flood plain. Ms. Dachinger will revise the drawings and resubmit them to the Commission for approval. TF made a motion to continue this hearing to May 20, 2010 at 8:00 pm and JS seconded the motion. The Commission voted to agree 7-0.
Jason Krzanowski, Hill Engineering, Kennedy Park, Baker Pond, Map 22 Parcel 2: Mr. Krzanowski reported that the dam repair failed and he is before the Commission to request approval for design changes and a schedule for work. As of now, Natural Heritage has not been informed of the failure. Discussion ensued regarding remedial action. TF stated that remediation of the stream must now be included.
The Commission requested that the updated plan for the reconstruction should include a functional barrier to prevent water incursion around the overflow pipe which was the cause of the current failure. The Commission felt that the magnitude of this repair would constitute the necessity of an amendment to the NOI.
NC would like the work to start as soon as practical and would like a letter acknowledging that and with written approval from Natural Heritage.
Notice of Intent, David Ward, LD Associates, Inc., 55 Pittsfield Rd, Map 17 Parcel 40. Construction of townhouses and associated driveways, parking and infrastructure. File # 198-0255 (Previous file number which is still open: # 198-217) Bob Fournier of SK Design, Inc., requested a continuance from originally scheduled hearing of Feb. 18, 2010. First meeting held on March 11, 2010, continued to April 1, and April 15, 2010.
Robert Fournier and Matt Ward presented the project update. Discussion ensued on the wood turtle habitat question and it was decided that a qualified herpetologist should be hired to survey the premises and make recommendations as to the new habitat location. Mr. Ward was in agreement.
Mr. Fournier said that the maintenance has been performed on erosion control structures and they are now functioning properly.
Mr. Fournier also supplied to TF the stormwater information that TF had requested ,
Mr. Ward informed the Commission that a major problem with water availability for the fire suppression system has been discovered. The results of this would necessitate a major redesign of the entire project to meet fire code standards. When this design is finalized it will be submitted to the Commission. Mr. Ward also mentioned the possibility of an affordable housing project to be placed near the southern border of the property currently owned by David Case.
RFC made a motion to continue this hearing to May 20, 2010 at 8:15 pm. VA seconded the motion and the Commission voted to agree 7-0.
7:45 pm Notice of Intent, MEC Lenox Associates Limited 489 Pittsfield-Lenox Road, Map 33 Parcel 4. Redevelopment of an existing shopping center, including construction of new retail space. Continued from February 4, February 18, March 18, 2010, Apr. 1 and April 15, 2010. Note: Jeff Curley, Project Manager of WS Development, contacted the Landuse Office earlier in the day of the meeting to ask that the hearing be continued
NC opened the Public Hearing and advised the Commission that he had spoken to Jeff Curley and also Mark Stinson, the Circuit Rider of MA DEP and that Mr. Stinson informed NC that the plans for the infiltration unit proposed for the large retail structure was designed with inadequate height above ground water level and would have to be moved to a location to permit it to conform to state regulations. NC was informed by the applicant that a redesign was in progress and would be submitted as soon as possible.
JS made a motion to continue this hearing to May 13, 2010 at 7:30 pm and RFC seconded the motion. The Commission voted to agree 7-0.
Minutes:
DF made a motion to approve the minutes of April 1, 2010 and JS seconded the motion. The Commissioners voted to agree 6-0-1 with RFC abstaining as she was not present at that meeting.
Other Business:
1. The regularly scheduled meeting of May 6, 2010, has been cancelled because the Annual Town Meeting is on that date.
2. May 17, 2010-Joint meeting with Lee for Laurel Lake Preservation Association, Inc. The Commissioners asked that PA notify Mark Alimansky and the Lee Conservation Commission that the Lenox CC is requesting that the LLPA provide any new information they have prior to April 23, 2010 to allow the Commissioners time to review in preparation for the May hearing. If there is no new information available by then, it is requested that the LLPA notify this Commission by April 23, 2010. (PA sent the email April 16, 2010.)
3. Emergency Certification Form: At the site located at Willow Lane and Tucker St., the Commission has authorized the breaching of a beaver dam and the installation of a water level control device.
4. NC has been in touch with Frank Igo regarding the stream on lower Walker Street. It was agreed that this is a Town maintenance issue and this has been referred to Jeff Vincent, DPW Superintendent.
5. Extension of Orders of Conditions:
a) George Haddad, 130 Pittsfield-Lenox Road, Map 33 Parcel 15. Rob Hoogs of Foresight Land Services requested an Extension of Order of Conditions, DEP File Number 198-180. The Order was last extended on May 17, 2007. DF made a motion to extend the Order to May 17, 2013 and DL seconded the motion. The Commission voted to agree 6-0-1 with TF abstaining as he is an abutter.
b) Canyon Ranch, 165 Kemble St., Maps 3 & 7, Parcels 50 & 43. DF made a motion to extend the Order of Condition to and DL seconded the motion. The Commission voted to agree 7-0.
Site Visits:
1. Flooding houses and basements on Willow Creek Lane:-Attended by RFC, VA, JS, TF, and NC on April 6, 2010.
2. Beaver dam, located at the By Pass, Routes 7 & 20.-Attended by NC, DPW Superintendent Jeff Vincent, and Mike Callahan, of Beaver Solutions on April 13, 2010.
3. Canyon Ranch, 165 Kemble St., Maps 3 & 7, Parcels 50 & 43. Attended by Rob Hoogs of Foresight Land Services, VA, TF, JS, NC, DF on April 13, 2010, relative to the Request for Extension of Order of Conditions..
4. George Haddad, 130 Pittsfield-Lenox Road, Map 33 Parcel 15- Attended by Rob Hoogs of Foresight Land Services, JS, TF, VA, and NC on April 13, 2010 relative to the Request for Extension of Order of Conditions. .
RFC made a motion to adjourn the meeting at 9:05 pm and DL seconded the motion. The Commission voted to agree 7-0.
Respectfully submitted,
Peggy Ammendola (PA)
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