Lenox Conservation Commission
August 5, 2010
Minutes
Town Hall
Members present: Chair Neal Carpenter, NC; Joe Strauch, JS; Vince Ammendola, VA; Rose Fitzgerald Casey, RFC; Dick Ferren, DF; David Lane, DL; Tim Flanagan, TF
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, May 20, June 3, July 1, 2010, July 15, 2010.
Present were Matt Puntin of SK Design Group, David Ward and Matt Ward of LD Associates.
Mr. Puntin asked the Commission to approve an Amended Order of Conditions and to accept the most current plans which include additional stormwater features and then extend this Order of Conditions which expires on November 14, 2010.
NC advised the Commission that he has spoken with Mark Stinson of MA DEP who upon reviewing the plans feels comfortable with the amendment. This is a buffer zone project and he would have no problem with this Order of Conditions being amended
TF does not believe that the Commission has the latitude to amend this Order of Conditions, and states that a new notice should be filed and the old notice should die. He feels that this is a new project and therefore this kind of project change would require a new NOI. TF stated that the applicant is asking to be excused from the current Storm Water Standards because a project was started before those standards came into place. He went on to say that there is a procedure that is outlined by DEP for when a current project continues under the old rules or continues under the new rules.
DL argued that this is an ongoing project in which the infrastructure that is in place has never been used, therefore he cannot see the applicant having to rebuild this infrastructure.
JS remarked that this property is an eyesore and is not good for the environment in its present state. He does not see that this is enough of a difference to require a new Notice. .
JS made a motion to amend the first Order of Conditions and DL seconded the motion. The Commission voted to approve 6-1 with TF opposing.
VA made a motion to continue the hearing to amend the previous Order of Conditions to August 19, 2010 at 7:30 pm and RFC seconded the motion. The Commission voted to agree 6-1 with TF opposing.
Mr. Puntin will be submitting a letter requesting a withdrawal of the NOI that was filed in January of 2010.
Request for Determination of Applicability, Rolling Hills Condominium Trust, Pittsfield Lenox Rd., Map 27 Parcel 69. Replace all the existing bituminous sidewalks in the complex, same materials, same locations.
Ken Boudreau of Hill Engineering and Doug McCormack, the manager for Rolling Hills were present.
Mr. Boudreau presented site plans. There is only one walkway which is within 100 ft of the existing pond. The project calls for the removal of the existing walks and replaced with 8 inches of gravel and fabric then repaved. The proposed start date is September 13, 2010 and the project should not take more than one week. All excavated material will be removed from the site. The Commission will be notified when the hay bales are put into place
RFC made a motion to issue a Negative 3 Determination with conditions. DL seconded the motion and the Commission voted to approve 7-0.
Notice of Intent, Michael Cooney, 46 Sargent Brook Rd., Map 1 Parcel 27. Repair an existing foundation in the 100’ buffer zone, remove piers, install a 4’ concrete wall foundation and repair septic system in riverfront area.
Making the presentation was Mike Kulig of Berkshire Engineering. Mr. Cooney was present.
With the issuance of the File number, the DEP had made a comment that there should be a dock permit.
Mr. Kulig presented an updated site plan. The septic is in outer riparian of Sargent Brook, but there is no other possible location for a septic system on this lot.
RFC made a motion to approve the Order of Conditions with the permitting of the dock and VA seconded the motion. The Commission voted to approve 7-0.
Mr. Kulig stated that the request for the dock permit will be filed with DEP under Chapter 91.
Mike will send an email to PA saying that the dock permitting is under way.
Site Visit was on July 30, 2010 and attended by Ann Bruzzi of Berkshire Engineering and DL, JS, NC, and VA.
Other business:
1)Mark Alimansky asked the Commission to have an informal meeting prior to the date certain of Oct 18, 2010, but NC advised that the public was noticed to a date certain and to have a meeting prior to that would be a violation.
2) Canoe Launch-Jeff Nield of ESS Group in a letter dated July 29, 2010 stated that concerns have been raised by state and federal environmental agencies involved in the current remediation, restoration and redevelopment of the Housatonic River citing that the proposed canoe launch would increase the risk of release of and exposure to known contaminants in the sediments in and around Woods Pond. NC made contact with Mark Stinson of MA DEP to seek his opinion and brought this forward to the Commissioners at tonight’s meeting. Discussion ensued and it was agreed to send a letter to DEP advising them that the Commission wishes to waive compliance with General Performance Standards on this limited project. DF made a motion that the Commission would submit the letter, and VA seconded the motion.
The Commission voted to approve 7-0.
PA will write the letter and send to DEP, the Town Manager, Jeff Vincent and Jeff Nield.
Minutes of July 15, 2010: DF made a motion to approve the minutes and JS seconded the motion. The Commission voted to approve 6-0-1. TF abstained because he was not at that meeting.
RFC made a motion to adjourn the meeting and JS seconded the motion. The Commissioners voted to adjourn and the meeting was adjourned at 9:05 pm.
Respectfully submitted,
Peggy Ammendola
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