Conservation Commission
February 4, 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; David Lane, DL
Notice of Intent, Mark Alimansky, 65 Bramble Ln., Map 1 Parcel 45. Construction of a frost wall under the existing structure, deck replacement and drainage improvements.
Presenting the application was Shannon Boomsma of White Engineering. Also present were Mr. and Mrs. Alimansky. The project will involve the removal of the block frost wall and replacement with a concrete frost wall. They will install gutters that will pitch the drainage away from the house. Ms. Boomsma told the Commission that there is a natural swale which collects water in which ice has heaved the bank at the lake side and created a berm. They would like to re-open the swale.
DF made the motion to issue an Order of Conditions with the condition that only the work is being approved, but not the delineation, and that the work should start no sooner than June 1, 2010 and be completed by September 1, 2010. RFC seconded the motion and the motion carried 7-0.
There was a site visit on January 23, 2010 and was attended by Ms. Boomsma, VA, TF, JS and NC.
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.
Representing the applicant were the following:
Tim Williams, Vice President of Allen & Major Associates, Inc.
Ann McMenemy, Program Director Ecological Services for Environmental Resources Management
Jeff Heidelberg Project Manager with W/S Development Associates LLC
Mr. Heidelberg reviewed the changes that have been made in the site plan since the ANRAD was filed in October 2008. The impact to the wetlands has been reduced significantly from six areas to two in which the total square footage of wetland impact has dropped from roughly 4500sf to 2850sf. A buffer will be kept between the crooked stem aster and the pavement edge. An area of 25 square feet at the outlet to the fire pond will be impacted for upgrading and adding protection. In closing Mr. Heidelberg said that the applicant has met with the Planning Board who gave a positive recommendation and they will be going before the ZBA on March 3, 2010. An ENF has been filed for which they have received a certificate and they will be filing a draft EIR to meet the Feb. 15, 2010 deadline. He stated that
Natural Heritage has agreed to this final plan for the protection area.
Ms. McMenemy reviewed the mitigation measures and the two priority habitats on the property and indicated that there are no endangered plant species other than the crooked stem aster. She then described the no-disturb zone that will be established to protect the crooked stem aster that was identified near the area of the proposed construction and said that these plans have been approved by Natural Heritage. She informed the Commission that she will be making a MEPA filing next week.
NC stated that the Commission would like to have a consultant who would be paid by the applicant to review the proponents’ stormwater management calculations. The Commission suggested Foresight Land Services because of previous good experiences with them. The proponents agreed that Foresight would be acceptable and that they would be in agreement to have a peer review as per proposed contract presented by Steve Mack of Foresight Land Services and they will cover the cost.
Mr. Williams gave an overview of the stormwater management plan and how it conformed to the stormwater management regulations of the state. NC asked if it was possible to maintain a 25 foot minimum buffer zone between the construction and the wetlands. Mr. Williams agreed to look into seeing how this could be accomplished. After reviewing the infiltration plan, TF asked that they try to move the proposed infiltration bed in front of the newly constructed building farther to the north to facilitate ground water recharge to the proposed replication area. Mr. Williams agreed to look into this as well.
An email dated Feb. 4, 2010 from Judy Kundl, Associate General Counsel for The Yankee Candle Company, was received expressing a major concern regarding the water table and storm water discharge. She said that the basement of the abutting Yankee Candle building is prone to flooding and they would not like to see the problem exacerbated. Attached to that email was a letter dated February 3, 2010 from SVE Associates with a list of 13 comments and questions. Both letters were provided to the applicants.
DL made a motion to continue the public hearing to February 18, 2010 at 8:15 pm and TF seconded the motion. The Commission voted to agree 7-0.
Minutes of January 7, 2010: JS made a motion to approve the minutes and TF seconded the motion. The Commission voted to approve 7-0
Note: Meeting of January 21, 2010 was cancelled.
Other Business:
1. Eastover Resort, Map 18 Parcel 85, Certificate of Compliance. Attorney Steve Shatz of Springfield, MA contacted the Conservation Commission office on February 3, 2010 to request a Certificate of Compliance for this property. File number 198-163 was last extended on June 21, 2005 and expired in 2008. VA made a motion o issue a Certificate of Compliance certifying that no work had commenced and TF seconded the motion. The Commission voted to approve 7-0.
2. Martin Messinger, in a letter dated January 28, 2010, requested to remove fallen trees from wind shear storms at property located at 23 Hawthorne St. NC went to the property and determined that no filing is necessary if done now while the ground is frozen.
3. Pond behind United Methodist on Holmes Road. NC advised the Commissioners that he has spoken to Supt. of Public Works, Jeff Vincent, regarding complaints that the present level of the pond is creating problems for surrounding properties and town sewer lines. It is felt that by lowering water level by a foot the problems would be resolved. Members will look at the site and at the next meeting make a determination if a filing would be necessary.
4. March 4, 2010-Because there will not be a quorum for this meeting, DF made a motion to postpone that meeting date to March 11, 2010. DL seconded the motion and the Commission voted to agree 7-0.
DL made a motion to adjourn at 9:25 pm and RFC seconded the motion. The Commission voted to approve 7-0.
Respectfully submitted,
Peggy Ammendola
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