Lenox Conservation Commission
August 2, 2012
Minutes
Town Hall
Members present: Chair Neal Carpenter, NC; Joe Strauch, JS; Vince Ammendola, VA; Rose Fitzgerald Casey, RFC; Tim Flanagan, TF; Dick Ferren, DF
Absent with notification: David Lane, DL
Staff present: Peggy Ammendola, PA
Notice of Intent, Edward Merritt, Lime Kiln Rd., Map 27 and portion of Parcel 18. MA DEP File # 198-0270. The proposed project is the conversion of an existing garage to a four bedroom single family residence. The first hearing was on July 19, 2012 and was continued to tonight because the planting plan submitted was the one submitted with the NOI filed July 15, 2005. The Commission required an updated planting plan which would reflect the existing vegetation.
Present was Rob Akroyd of Greylock Design Associates and two members of the public.
Site Visit: July 25, 2012 attended by Rob Akroyd and the following Commissioners: NC, VA, TF, and JS.
At the site visit the Commissioners observed violations on a previous Order of Conditions, MA DEP File # 198-0219 which expired June 15, 2009. Under that Order, the applicant was to plant trees. It was noted that not only had this not been done, but Mr. Merritt had also mowed a path down to the brook in an area that is protected, which constitutes a violation.
On another part of the property across the brook where the house is located there was a different Order of Conditions, MA DEP File # 198-0234 which expired December 6, 2010. Violations were noted there as well; mowing in a non-disturb zone, cutting of trees, and failure to plant replacement trees.
An Enforcement Order was suggested to address the violations on both Orders.
VA made a motion to issue Enforcement Orders on the two areas of violations noted at the site visit on July 25, 2012. TF seconded the motion and the Commission voted 6-0 to issue Enforcement Orders.
The Commissioners agreed that they will not act on the new Notice that was received on June 25, 2012 before the Enforcement Orders have been fully acted upon and compliance demonstrated.
Mr. Akroyd asked that the two separate areas on Mr. Merritt’s property be identified as the “House lot” (MA DEP File # 198-0234) and “Studio lot” (MA DEP File # 198-0219) for the sake of clarity.
Neal reviewed the conditions of the original Orders of Condition and discussion ensued on remedial action that should be taken to satisfy the Enforcement Orders.
Mr. Akroyd presented a planting plan for the new NOI and discussed proposed remedial actions. Originally 28 trees were to be planted, but never were. Some trees, mostly willow, have re-vegetated the cleared area. Discussion ensued on the planting locations, number of trees, species and the placement of boulders or the stone wall that Mr. Merritt had originally proposed. The Commissioners made it clear that a barrier, whether a wall or boulders, must be placed to delineate the restricted area as well as to block passage into that area to prevent any alteration to the area.
Mr. Akroyd did not feel that it was appropriate to plant trees in the area of the vernal pool as historically there have been no trees.
The Commission asked Mr. Akroyd to provide a present survey of what is growing in the subject areas as the previous Order of Conditions was based on clear cut land, but since then there has been natural re-vegetation.
Sonya Bykofsky, a resident, asked for a review of events leading up to the Enforcement Orders and asked if a fine would be levied against Mr. Merritt. TF explained that fines could apply if the violator failed to act, but if the applicant is taking steps toward compliance fines could be avoided. TF added that if the work required is done poorly, Mr. Merritt could be in jeopardy. The Enforcement Order puts an individual on notice. TF also told Ms. Bykofsky that the work that is required for compliance can take a few years.
The enforcement orders were prepared at tonight’s meeting so that they could be mailed tomorrow.
Mr. Akroyd said that he had spoken to NHESP, Misty-Anne Marold, about the Conservation Restriction which was never finalized by EOA. It was drafted and reviewed extensively, but all signatures that are required were not obtained. Therefore he has requested that the MESA review be waived. He said that the judgment of the “Take” still stands.
With regards to Mr. Akroyd’s conversation with NHESP, an email addressed to the Conservation Commission was received today from Lauren Glorioso of Natural Heritage in which she stated that Rob Akroyd sent to her an email earlier today regarding the suspension of Mr. Merritt’s MESA deadline as well as a request for continuation of the Conservation Commission hearing. She was requesting confirmation of this occurrence otherwise she said that Natural Heritage would issue a formal letter before the end of the business tomorrow.
TF said that he was not comfortable with suspending the MESA review on the elements of the project as there are substantial changes. He questioned whether changes that the Conservation Commission is proposing would alter the conditions of restoration that were permitted in the Conservation Restriction process.
Mr. Akroyd asked that the Commission to contact Ms. Glorioso.
TF made a motion to have PA email Ms. Glorioso to say that the Commission had received a request from Mr. Akroyd to waive the MESA review, but the Commission feels the project should continue with MESA review. JS seconded the motion and the Commission voted to agree 6-0. A new plan with the proposed restoration needs to be sent to Natural Heritage. Rob will get a letter off Natural Heritage tomorrow based on the discussion with the Conservation Commission. (PA emailed Ms. Glorioso as requested.)
The Commission discussed the issues which needed to be addressed in the Enforcement Orders and then prepared a list for each Order.
TF made a motion to continue the current NOI (MA DEP File # 198-0270) to August 16th at 7:30 pm. RFC seconded the motion and the Commission voted to agree 6-0. Mr. Akroyd will provide a plant survey.
Approve Minutes: TF made a motion to approve the minutes with minor edits of July 19, 2012. RFC seconded the motion and the Commission voted to approve 5-0-1. DF abstained as he was not present at that meeting.
RFC made a motion to adjourn and VA seconded. The Commission voted to adjourn 6-1. The meeting was adjourned at 9:35 pm.
Respectfully submitted,
Peggy Ammendola
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