Lenox
Conservation Commission
May 12, 2011
Minutes
Lenox Town Hall
Members present: Chair Neal Carpenter, NC; Vince Ammendola, VA; Tim Flanagan, TF; Joe Strauch, JS; Rose Fitzgerald Casey, RFC; Dick Ferren, DF; and David Lane, DL
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 (Map 27 Parcel 47) and 263 Pittsfield Rd. Continued from April 21, 2011.
Present were David Wheeler and Jean Heller of 299 Pittsfield Rd. and their representative, Rob Hoogs of Foresight Land Services.
Following the flagging of the wetlands on Monday, April 25, 2011, there was a second site visit on Wednesday, April 27, 2011 to verify the delineation. In attendance were Rob Hoogs, David Wheeler, Amer Raza of Mass DOT and Commissioners. NC, VA, JS, TF, RFC.
Returning to present the revised plans was Matt Christy, a project designer with MA DOT.
With regards to two administrative issues, Mr. Christy advised the Commission that Ms. Heller and Mr. Wheeler provided a letter which acknowledges that they are aware that an NOI has been filed by MA DOT. (That letter, dated April 29, 2011 was received by the Commission on May 6, 2011.) The second issue was addressed in an email from Mr. Christy on April 22, 2011 that stated that MA DOT was exempt in providing to the Commission notification to abutters.
Mr. Christy stated that since the last meeting and following the site visit of April 27 and subsequent comments made by Mr. Hoogs, the DOT has made the revision to provide stabilization downstream at the dissipation basin, the site of which was based on the location of BVW line. The applicants do not feel it is necessary to encroach into the BVW, so the plans are to leave it where it was and stabilize with a swale made up of different components of materials. The first component on a 3 to 1 slope is rock; the second component on a 3 percent slope is a grass area; and the final component is a stone check dam to further slow the velocity of the water.
Mr. Christy explained that the previous design shows about four feet per second velocity going over the dissipation basin which is equivalent to where it is today. This revised plan reduces the velocity to about two feet per second.
Mr. Christy said that it had been suggested to relocate the dissipation basin closer to the wetland and provide replication, however this is contradictory to what is required by the Wetland Protection Act and that the DOT does not feel that it is necessary. He said doing so will not serve the property owners any better than what is proposed now.
Ms. Heller asked about a maintenance schedule to which Mr. Christy responded that it is typically annually and stated that this system will be treated like all DOT drainage systems throughout Massachusetts. TF explained to Ms. Heller that the maintenance plan becomes a part of the permit.
Mr. Hoogs said that fundamentally the revisions are very significant and positive improvements, adding that this plan is better for everyone’s interest and better for the wetlands. He added that there is a minor, but important tweak, and that is the level in the spreader zone that is at the same level as the surrounding earth. Mr. Hoogs is concerned that in a severe storm, there could be erosion at either end of the dam and suggested to place stone at a higher elevation at these locations, so that water will not erode the surrounding earth. This remedy would be like an arch dam.
Mr. Hoogs stated that his clients are concerned about the permanent easement that the state is proposing as it now ends half way down the slope of the dissipation zone. They request that the entire drainage system, which was extended to get to a stable outlet, be a part of the permanent easement.
Mr. Christy responded that MA DOT was asked to stabilize downstream of that location and convey flow directly to the wetland to prevent further erosion and that the state feels that the design presented is sufficient to the dissipation basin. He said the area will be stabilized permanently and that DOT doesn’t anticipate any further maintenance needs in that area, therefore they are only showing the permanent easement to the limits of work that DOT is required to do to maintain the system as shown on the plans. DOT anticipates cleaning up sediment as necessary but insisted that the location of the permanent easement is up to DOT’s discretion as well as how they intend to maintain the system.
Mr. Christy argued that the original design presented by DOT met the federal highway standards, but additional work to stabilize the slope was requested by the Commission, the homeowners and their consultant. He said that the easement that is shown is sufficient for MA DOT to maintain their infrastructure and the infrastructure of the dissipation basin.
Discussion ensued regarding the perception that MA DOT should be responsible for the entire project. It was agreed by the Commissioners that this would be put in the Order of Conditions and that if there is a problem, later, that an Enforcement Order could be issued.
TF added that structures such as this are unpredictable and some fail leaving stone in the wetland which then become great tools to erode the stream bed.
TF said that the Commission wants the project to succeed and given the concerns of abutters it is important to have the record complete and clear and suggested that DOT submit a complete list of all documents including letters, a list of all of the sheets with revision dates, and one set of final drawings that are stamped.
Mr. Christy said that the DOT will not submit stamped drawings as they are the licensing authority, but said that drawings will ultimately be signed at the construction stage by the chief engineer. Copies will be then given to the DPW, the Town Manager and the Commission.
NC reiterated that the Commission needs a signed updated set of plans with revision dates, list of documents and letters to complete the file and that the Commission will make a condition that the entire system falls under the maintenance plan.
TF made a motion to close the public hearing, VA seconded the motion and the Commission voted to agree 7-0.
TF made a motion to accept this NOI with the revisions that have been discussed and agreed to at tonight’s hearing and RFC seconded the motion. The Commission voted to agree 7-0. Mr. Christy feels confident he can have what the Commission has requested by Wednesday, May 18, 2011.The Commission also decided to not issue the Order of Conditions until all the revisions were accomplished and presented to the Chair. Those submissions will be evaluated and the Order of Conditions will then be issued.
LD Associates, 55 Pittsfield Rd., Map 17 Parcel 40-Update on turtle habitat with Ed Stockman.
Present were Dave Ward of LD Associates and Ed Stockman.
Mr. Stockman presented a letter from Natural Heritage Endangered Species Program which included their review of his proposal for enhancing the nesting habitat for wood turtle. The Commission reviewed the letter. Mr. Stockman stated that he has walked the property with Commissioner Tim Flanagan and they feel that they have selected the best location which will have very little disturbance. The Commission requested that Mr. Stockman send a letter to Natural Heritage and the Commission stating that this proposal was approved.
DF made a motion to approve the proposed project. TF seconded the motion and the Commission voted to agree 7-0. Mr. Stockman said that he would like to complete the project in a week and a half.
Request for Determination of Applicability filed by the following property owners on Bramble Ln: Daniel Hajjar, Penelope Carey, Susan Griffis, Anne Stephens, and Estelle Miller. The project involves the installation of a sewer line for five single family homes to Bramble Ln.
A site visit was held on May 6, 2011 and attended by Brent White, JS, NC, VA, RFC, DL and DF.
Brent White of White Engineering made the presentation. He advised that the five owners known as Bramble Lenox LLC are proposing the installation of a low pressure “Environmental I” sewer system that will connect with the Town of Lee wastewater treatment plant. The majority of the work is within the town of Lenox, but will also go before the Town of Lee Conservation Commission because the property within the buffer zone is in Lee. Mr. White said that he has worked on this project with Chris Pompi of the Lee DPW and has designed the system to accommodate additional connections to a few other lots that may now become buildable. The method for this project includes directional drilling which will minimize the amount of disturbance within the area.
Mr. White reviewed the plans with the Commissioners.
JS made a motion to issue a Negative III Determination with the conditions that the Commission will be notified prior to the commencement of any work and that any pumping of excavations be onto the lawns or uplands with hay bales surrounding the discharge area. VA seconded the motion and the Commission voted to agree 7-0.
Mr. White said that assuming we have good weather the project should take about a month and that he hopes to have all permits in place by mid July.
DJ Oil, 18 Crystal St., Map 4 Parcel 73: Informal discussion with Brent White of White Engineering about a replication area. Mr. White intends to file an amendment to the NOI as soon as possible.
Minutes: RFC made a motion to approve the minutes of April 21, 2011 with minor edits. DF seconded the motion and the Commission voted to approve 7-0.
Other Business: NC advised that he, VA and JS attended the Board of Selectmen’s meeting of May 11, 2011 to participate in the discussion with a representative of the Lee Select Board, David Consolati, regarding the property at Laurel Lake that was occupied up until last year by Mrs. Vanlingen. The home, located on property that is in Lee and Lenox, is in disrepair. Research will be done to see if the property could be sold.
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RFC made a motion to adjourn the meeting at 9:50 pm and VA seconded the motion. The Commission voted to adjourn 7-0.
Respectfully submitted,
Peggy Ammendola
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