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Conservation Commission Minutes, 07/07/2011
Lenox Conservation Commission
July 7, 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; David Lane, DL

Staff present: Peggy Ammendola, PA

7:30 pm Shakespeare and Co., 70 Kemble St., Map 7 Parcel 22, Informal with Rob Hoogs of Foresight Land Services to discuss the extension of the Extension Permit for the Order of Conditions granted to Shakespeare and Co. on September 17, 2009 until October 11, 2010 and to establish that the Permit Extension Act applies to this Order of Conditions (198-0226) which would automatically extend the date for two additional years.  
 
Rob Hoogs and Nick Puma, Manager at Shakespeare and Company, were present.  

On June 22, 2011 NC and VA met with Mr. Hoogs at the site.  Both Commissioners felt that the changes proposed were insignificant, but asked that Mr. Hoogs present his plans to the Commission for their review.

Mr. Hoogs stated that the Order of Conditions issued in 2006 was still in effect and that Shakespeare and Co. wanted to improve landscaping and the entry walkway at the main entrance.  (Order of Conditions was extended on September 17, 2009 and will expire on October 11, 2012 as it was automatically extended by two years under the terms of The Permit Extension Act, §of Chapter 240 of the Acts of 2010.)  There is crushed stone and pavers, raised beds and terraced areas and they would like to replace the crushed stone with pavers. Mr. Hoogs said that the work is out of the buffer zone.  The work is minor, the size and the shape is not changing, and it is within the area referenced in the Order of Conditions, but Mr. Hoogs wanted to make the Commission aware of the proposed changes.  The plan is to place “eco” pavers out to the entry driveway which will provide for easier wheelchair access and snow removal.

Discussion ensued, and the Commission agreed that the difference in gravel and pavers is negligible and that there would be no adverse impact.  JS made a motion that a modification of the Order of Conditions was not applicable.  RFC seconded the motion and the Commission voted to agree 7-0.

Town of Lenox, on Zimmerman property, NOI, 116 Housatonic St., Map 41 Parcel 41, removal of existing drainage culvert and replacement with open drainage channel.  

Making the presentation was Rob Hoogs of Foresight Land Services, Jeff Vincent, Superintendent of the Department of Public Works and Rena Zimmerman, owner of the property.  

After review by Mark Stinson of MA DEP and further investigation of the site today by NC and JS, it was decided that this property is not under the jurisdiction of the Wetland Protection Act.  There is flowing water, but it is not downstream of any BVW or intermittent stream.  

DF made a motion to issue a Negative 4 Determination and include a Finding of Fact that the stormwater BMP will not in the future be considered a resource area if BVW becomes developed in the area touching the bank of the swale.  VA seconded the motion and the Commission voted to agree 7-0.

NC advised the Commission that he received a call from Building Commissioner Bill Thornton that a trench was being dug on property on Sargent Brook Road.  NC went to the site and subsequently contacted Rob Akroyd of Greylock Design Associates who told NC that Greylock Design would be submitting an RDA for 42 Sargent Brook Road.

Site visit: July 21, 2011 at 323 West Mountain Road at 5:00 pm.

Minutes: DF made a motion to accept the minutes of June 2, 2011 with minor edits and RFC seconded the motion. The Commission voted 7-0 to approve.

RFC made a motion to adjourn at 8:21 pm.  DF seconded the motion and the Commission voted 7-0 to adjourn.

Respectfully submitted,

Peggy Ammendola