Lenox Conservation Commission
April 21, 2011
Minutes
Lenox Town Hall
Members present: Chair Neal Carpenter, NC; Vince Ammendola, VA; Tim Flanagan, TF; Joe Strauch, JS; David Lane, DL; Rose Fitzgerald Casey, RFC; Dick Ferren, DF
Notice of Intent, Mass DOT Route 7/20 (North of Lime Kiln Rd.) Improve the existing drainage system adjacent to Route 7/20 in an area which runs through two private properties at 299 and 263 Pittsfield Rd.
Present were David Wheeler and Jean Heller of 299 Pittsfield Rd., Map 27 Parcel 47 and their representative, Rob Hoogs of Foresight Land Services.
A site visit was conducted on April 7, 2011 and the following were in attendance: Jean Heller and David Wheeler, owners of the property located at 299 Pittsfield Rd; Commissioners DL, VA, JS, NC and TF; and Matt Christy and Eric Bilek of MA DOT.
Presenting the application was Matt Christy, a project designer with MA DOT, who explained that in 2009 MA DOT received a call from Mr. Wheeler and Ms. Heller about an erosion problem on their property, but budget constraints prevented DOT from addressing the issue before now. (At the end of this hearing and before the continuation vote, Mr. Wheeler and Ms. Heller stated they had in fact first contacted the DOT in 2004, not in 2009 as Mr. Christy had said.)
The proposed project is to install a closed conduit to transport stormwater from the current outfall to the wetlands located at the bottom of the hill to the west and repair the damage caused by erosion along a swale running from the current outfall to the wetlands below. The conduit will also include a small catchment to remove stormwater runoff from the adjoining Coakley property. To prevent further erosion, the termination of the conduit will be a large basin designed to moderate the force of the falling water before it enters the wetland
During his presentation, Mr. Christy acknowledged that the wetlands at the discharge end of the conduit were closer than originally depicted on the project drawings and that a delineation team would be on the site on Monday to attempt to finalize the extent of the BVW and that the plans will be changed accordingly.
In regards to the stormwater calculations Mr. Christy said they will not be adding any new drainage to the outfall which is about 16 cfs (cubic feet per second). What MA DOT is trying to do is to control the erosion that is being caused by the velocity of the water. A dissipation basin has been designed to slow the water down. The current delivery rate is 4.12 fps (feet per second) and the project would reduce that to a delivery rate to about 3.4 fps.
Mr. Christy addressed the comments received from DEP which questioned whether there were any other considerations for remedial action that would have less impact. Mr. Christy said that with the constraints of the abutters and the topography of the property, this proposal was the best that could be done short of major work and major takings.
NC told Mr. Christy that DEP had stated in their comments that MA DOT should get a letter from owners of the property which acknowledges that they are aware that an NOI is filed. NC also stated that when an NOI is filed all abutters were to be notified by certified mail and that there is no indication that this has been done. Mr. Christy said that both of these items would be addressed. (On April 22, 2011, Mr. Christy sent an email to the Conservation Commission with attached documentation from MA DEP which states that Ma Hwy is excluded from the notification requirement.)
MA DOT will be getting easements from the Coakleys and Mr. Wheeler and Ms. Heller, but not until the permits are obtained.
Design details were reviewed by Mr. Christy. After this plan was submitted, there have been changes in the most sensitive tree area as a result of conversations with the owners of the property and all parties reaching a consensus.
VA questioned the design of the basin discharge as it appeared to be concentrating the water force into a smaller area and consideration should be given to broadening the discharge, so as to moderate the force of the water leaving the basin. Mr. Christy responded that this has been brought to his attention and that this design will be revisited.
TF requested that Mr. Christy provide complete delineation field reports.
NC requested comments from Mr. Hoogs who stated the biggest concerns were centered on basin design which appears to be concentrating water force instead of dissipating the force. Mr. Hoogs said that there has been good communication between himself and with the design team from MA DOT and he thanked them for their cooperation.
The Commission agreed to revisit the site to verify the delineation that is to be done on Monday, April 25, 2011. The site visit time and date agreed upon was Wednesday, April 27, 2011 at 4:30 pm.
RFC made a motion to continue the hearing to May 12, 2011 at 7:30 pm. JS seconded the motion and the Commission voted in favor of the motion 7-0.
Carolyn and Eli Newberger, RDA, 132 Lime Kiln Rd., Map 27 Parcel 34, Construction of a one-story addition that will add approximately 256 sf to the existing home.
In attendance was Mark Smith of Mark Smith Designs who represents the Newbergers.
Matt Puntin of SK Design presented the RDA. He stated that the Newbergers have decided to increase the depth of their addition by approximately 4 feet more than was proposed with their RDA in February. For this change a second RDA was required to be filed rather than an amended RDA. The addition is still on the foundation of the existing patio.
DL made a motion to issue a Negative 2 Determination and DF seconded the motion. The Commission voted to agree 6-1 with TF casting the dissenting vote.
Minutes:
March 3, 2011-TF made a motion to approve the minutes and JS seconded the motion. The minutes were approved by a vote of 5-0-2 with DL and NC abstaining as they were not at that meeting.
March 17, 2011-TF made a motion to approve the minutes and DL seconded the motion. The Commission approved by a vote of 5-0-2. RFC and DF abstained as they were not present at that meeting.
Other business:
1) The meeting of May 5, 2011 is canceled as this is the date of the Annual Town Meeting. The meeting of May 19, 2011 is canceled because the Commission decided to hold their second meeting on May 12th.
2) NC told the Commissioners that Scott Fisher of New England Environmental who will be working on the replication of the wetland on West St. contacted the Commission to advise that the work will soon start. NC and VA met at the site with Mr. Fisher, the contractor and State representatives.
3) NC advised the Commissioners that he received an email from Keith O’Neil who is a Conservation Commissioner in Lee who wants to have a meeting with the Lenox CC regarding the property formerly occupied by the Vanlingen Family. NC told Mr. O’Neil that months ago this issue was left in the hands of the Town Managers of Lee and Lenox and referred him to contact them. He also told Mr. O’Neil to contact him regarding a meeting time as the Commission would attend a site visit.
4) NC received a call from an agency involved with wind mills who wanted a representative from the CC to go on a site visit for a possible wind turbine installation with regards to wetlands. NC offered to accompany them after the snow melts. NC contacted the Town Planner, Mary Albertson, to inquire if this project would fall under the Scenic Mountain Act. Ms. Albertson referred the question to Town Counsel who said that wind turbines are not within the jurisdiction of the CC with regards to the Scenic Mountain Act.
RFC made a motion to adjourn the meeting at 8:30 pm and VA seconded the motion. The Commission voted to adjourn 7-0.
Respectfully submitted,
Peggy Ammendola
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