Lenox Conservation Commission
June 2, 2011
Minutes
Town Hall
Members present: Chair Neal Carpenter, NC; Joe Strauch, JS; Vince Ammendola, VA; Tim Flanagan, TF; Dick Ferren, DF; Rose Fitzgerald Casey, RFC
Absent with notification: David Lane, DL
Amendment and Extension to the Order of Conditions, DEP File number 198-0229, DJ Oil Express, 18 Crystal Street, Map 4 Parcel 73. The project is to allow for the relocation of the restoration area planting and modification to the existing catch basin.
Brent White of White Engineering, representing Dan Hunter, the owner of DJ Oil Express, made the presentation.
Mr. White reviewed the latest plans with the Commission. He asked for a three year extension, stating that 90 percent of the work has been done. The only portion remaining to be done is the completion of the sewer system. The existing Order of Conditions is in effect up to July 19, 2011.
Mr. White asked to amend the Order of Conditions to do the following:
1) Relocation of the previously approved replication area. The owner now realizes that an area located further to the northwest will better facilitate snow storage and provide room to maneuver the oil trucks. A split rail fence will be placed at the south and west sides of the replication area to maintain its integrity year around. Previously it was agreed that twenty shrubs two feet tall would be planted in the replication area, but only 18 inch tall shrubs are available now. Mr. White said that the owner would be willing to put in more shrubs as a compromise, but the Commission agreed that the shorter shrubs would suffice.
2) Proposed modification is the installation of a four inch PVC “T” on the influent line. The effluent line will receive a 90 degree 4 inch elbow and a four foot length of PVC pipe to raise the outlet 4 ft above its present location thus creating a vortex pool for silt separation.
TF commented that he objected only to the moving of the restoration area as this has been discussed thoroughly before and the applicant has had opportunity to try to reconfigure the area. TF feels that it is procedurally out of line for the applicant to come back now to ask for a project change.
JS made a motion to accept the Amended Order of Conditions with the plan dated May 17, 2011 with a special condition stating an extension would be given for one year for the sole purpose of the installation of the sewer line. RFC seconded the motion and the Commission voted 5-1 to approve. TF cast the dissenting vote.
VA made a motion to extend the Order of Conditions for one year for the sole purpose of completing the sewer line. TF seconded the motion and the Commission voted to approve 6-0.
Notice of Intent, John Paladino, Hubbard St., Maps 44 & 47 Parcel 1. The proposed project is construction of a 24’ x 36’ garage within 100’ of a bordering vegetated wetland, and within the outer riparian zone of a perennial stream.
Presenting the application was Rob Akroyd of Greylock Design Associates. Also present was John Paladino.
Mr. Akroyd reviewed the project with Commission and stated that the garage will be located in the northwest corner of the property. The majority of the property is bordering wetlands and the resource areas are the perennial stream which runs parallel to Highways 7 & 20, also known as the Bypass, and an intermittent stream. The wetland has been defined by fill since the 1950s. The garage will be used for storage for the maintenance of Mr. Paladino’s property and an antique car. The applicant expects that the garage will be served by sewer and water. Mr. Akroyd said that one abutter, who is across from the Bypass, expressed a concern about what would be visible from her property, not that it was near wetlands.
Mr. Akroyd addressed DEP’s comments and stated that all of their questions and concerns were satisfied.
Mr. Akroyd also provided to the Commission his letter to DEP dated today’s date that addressed each comment by DEP. TF asked that the minutes reflect that this letter had been submitted and reviewed by the Commissioners. Mr. Akroyd will send this letter to Mark Stinson of MA DEP.
VA made a motion to accept the project as presented. TF seconded the motion and the Commission voted to approve 6-0.
DF made a motion to approve the minutes of May 12, 2011 as amended. JS seconded the motion and the Commission voted to approve 6-0.
RFC made a motion to adjourn at 8:34 pm. DF seconded the motion and the Commission voted to approve 6-0.
Respectfully submitted,
Peggy Ammendola
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