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Conservation Commission Minutes, 06/03/2010
Lenox Conservation Commission
June 3, 2010
Minutes
Town Hall


Members present:
Chair Neal Carpenter, NC; Joe Strauch, JS; Tim Flanagan, TF; Vince Ammendola, VA;  Rose Fitzgerald Casey, RFC; Dick Ferren, DF; and David Lane, DL

Request for Amendment to Final Order of Conditions, File number 198-0240, Bonnie and Terry Burman, 40 Brunell Ave., Map 42 Lots 28 & 30:  The applicants wish to provide additional plantings in the buffer zone and wetland. Continued from May 13, 2010.

Present were Mike Kulig of Berkshire Engineering and Gerard St. Hilaire of Countryside Landscaping.  

Mr. Kulig told that Commission that now the project calls for no work/tree removal or planting to be done in the wetlands. NC said that Mark Stinson of DEP sent an email saying that DEP would approve because of that change.

At the recent site visit conducted by JS and TF, they determined that some trees that were marked for removal should be left in place.   After discussion with the applicant's representative the Commission decided that there should be another site visit with Mr. St. Hilaire to determine which trees should and should not be removed. Mr. Kulig will provide to the Commission an updated planting plan and a corrected planting list.

JS and TF will meet Mr. St. Hilaire at the site on Wednesday, June 9, 2010 at 9:00 am.  

Because neighbors have expressed concern about existing asphalt that sheds water, Mr. St. Hilaire would like to remove it.  TF said that its removal and replacement with permeable soil would be better, but that no new swale could be created.  

RFC made a motion to approve the amended notice with the condition that the tree removal and planting will be approved at the sight and that the new planting plan will be submitted.  JS seconded the motion.  The Commission voted to approve 7-0.

DJ Oil Express, 18 Crystal Street, Map 4 Parcel 73: A letter has been received from Brent White of White Engineering Inc. requesting an extension to the Order of Conditions for 3 years.  Mr. White stated that current economy has slowed down the project and, as such, the sewer line, the restoration areas and other miscellaneous items have not been completed.  The Commission extended the OOC to July 19, 2011.  The Commission would like for the replication that was agreed to previously be done by the end of October 2010. NC will call Mr. White with the information.  

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, April 15, and May 20, 2010

Appearing before the Commission was Jim Scalise of SK Design, David Ward and his son Matt Ward.

Mr. Scalise gave a quick review of the NOI, file number 198-0255 and stated that the one item remaining to be accomplishes is the enhancement for the turtle habitat.  He is working with Tom Tyning who has not yet completed his portion of the work.  

VA referred to the chart on Plate #6 of the new revised plans and advised Mr. Scalise it indicates that there are 19 bore holes, but none are shown on the plans.  Mr. Scalise apologized and will make that correction

With regards to the enhancement for the habitat, NC asked Mr. Scalise to forward the information gathered by Mr. Tyning to Natural Heritage for their approval.  The Commission will review Natural Heritage's comments before making a decision.

JS advised Mr. Scalise that the updated landscaping plan still includes non-native species.  Mr. Scalise said that this would be corrected.   JS made it clear to not plant any grasses, hollies or crab apples in the buffer zone near the entrance drive and meadow as the meadow is highly sensitive.  It is desired that red buds, white birch, paper birch and shadbush be planted at that location instead.  

TF advised Mr. Scalise that the Commission requires the Stormwater Management checklist to be completed and submitted for this project and that new and complete calculations, including soil classifications required by the stormwater law, be included in the submission.  TF stated that this is the third time this request has been made and hopes that the information will be forthcoming.  TF also said that in the watershed plan that was submitted, the definitions of the watershed boundaries were not clear, and the scale was not appropriate.  It is important that Mr. Scalise indicate in his calculations how the existing drainage structures meet the standards of the new stormwater regulations.  What is redevelopment and what is new is to be designated in the submission.

VA made a motion to continue the meeting to July 1, 2010 at 7:30 and DL seconded the motion.  The Commission voted to approve 7-0

May 20, 2010 minutes-RFC made a motion to approve the minutes and VA seconded the motion.  The Commission voted to approve 7-0.

Mosquito spray: NC advised the Commission that Town Manager Greg Federspiel had received a couple of inquiries about the use of mosquito spray and wanted to know the Commission's stand on the issue.  The Commission stated that mosquito spray is ineffective and a danger therefore do not approve of the use.  PA will inform Mr. Federspiel.

NOI, Buccaneer Development, Sedgwick Farms, 12 East St., Map 4 Parcel 34. NC advised the Commission that a request has been received from Sarah Shultz of SK Design, requesting an extension to the Order of Conditions.  The Commission discussed the request and decided that because of several factors including the redesign of the original building structures, the necessity to re-delineate the wetland areas, the fact that work has not begun and finally because of the new and more stringent Stormwater management requirements, that the request be denied.  DF made a motion to not extend the OOC and RFC seconded the motion.  The Commission voted to deny the extension 7-0.

VA made a motion to adjourn and DF seconded the motion.  The Commission voted to approve 7-0.  The meeting was adjourned at 9:30 pm.

Respectfully submitted,
Peggy Ammendola