Lenox Conservation Commission
August 16, 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 conversion of an existing garage to a four bedroom single family residence. The first hearing was on July 19, site visit July 25, continued to August 2 to update the planting plan submitted with the NOI filed July 15, 2005. The hearing was continued from August 2, 2012 so that Mr. Akroyd could provide a plant survey of existing conditions.
(At the August 2, 2012 hearing the Commissioners voted to issue Enforcement Orders (EO) on two areas of violations noted at their site visit on July 25, 2012. The Enforcement Orders, for MA DEP File #s 198-0234 and 198-0219, were issued on August 3, 2012 and the Commissioners advised that they would not act on this new NOI until both Orders were fully acted upon and compliance demonstrated. )
Note: Both of the Orders of Conditions that were violated, 198-0234 which expired December 6, 2010 and 198-0219 which expired June 15, 2009, fall under The Permit Extension Act which extended both by four years. Refer to the act at this link: http:www.mass.gov/hed/economic/eohed/pro/zoning-laws/permit-extension-act.html As a result of this Permit Extension, File Number 198-0234 has been extended to December 6, 2014 and 198-0219 has been extended to June 15, 2013.
Having more than one Order on a parcel is a practice that DEP wants to avoid, but this occurred inadvertently. The first Order, File # 198-0219, was filed on property described as Map 27 “portion of Parcel 18”, which is now being referred to as “studio lot”. That property, consisting of 1.83 acres, was created by dividing Parcel 18 of Map 27 with approval of the Planning Board, but apparently was not recorded at the Registry of Deeds. This is an administrative issue that Mr. Akroyd will take up with the Registry. The second Order, File # 198-0234, is on the “house lot”.
Present was Rob Akroyd of Greylock Design Associates Inc.
There were four members of the public also in attendance.
Mr. Akroyd discussed that because of the Permit Extension Act, both Orders (198-0234 and 198-0219) are valid and in force therefore Mr. Merritt may choose to withdraw the NOI (198-0270) that was filed June 25, 2012.
NC asked Mr. Akroyd to follow through with the Registry to make sure that the two lots are separate so that the Orders are on separate lots. (Mr. Akroyd did follow up with the Registry and the division of the property was in fact recorded. PA referred this to Cris Roberts in the Assessor’s Office who will follow through on correcting our records.)
TF asked how Natural Heritage is treating this and Mr. Akroyd said that they have treated it as one parcel because of the sharing of leaching facilities by Ed Merritt (Map 27 Parcel 18) and Ellen Merritt (Map 27 Parcel 18-1). The “studio lot”, which is the lot subdivided, but not yet recorded at the Registry and Ellen Merritt’s lot, Map 27 Parcel 18-1 was considered a “take” by Natural Heritage. Mr. Merritt’s “house lot” (Map 27 Parcel 18) was not a take.
Mr. Akroyd reminded the Commission that the boundaries for the Conservation Restriction were recorded at the Registry and the pins for the Conservation areas were put in place by surveyor Gene Galvani, but had not been finalized due to a lack of signatures, and that Mr. Akroyd will take it from where it was left off and follow to completion. The Commission stated this must be done before a Certificate of Compliance could be issued.
The Commission and Mr. Akroyd discussed various options with regards to the studio lot and its existing Order (198-0219) versus the latest NOI (198-0270). Mr. Akroyd has consulted with Mark Stinson of MA DEP as to the best way to proceed. The new planting plan is slightly different than the original. If it is determined to be a significant change, an amended order may be required, in which case abutters will have to be notified and a hearing notice advertised. Under that scenario, it may be better to close out the existing order and proceed with the new NOI.
Mr. Akroyd presented the planting plan for the house lot (198-0234). The proposal is to plant five red maples and five sugar maples which measure from 1” to 1.5” caliper. Boulders are to be placed 10 feet from the wetlands as it was agreed to be a non-disturb zone. So that there will be no misunderstanding, Mr. Akroyd will flag the locations of the trees and a line of boulders for the Commissioners to view prior to the commencement of the work. VA made a motion to approve the plan as submitted and that Mr. Merritt will have this work completed by November 15, 2012. TF seconded the motion and the Commission voted to agree 6-0.
Mr. Akroyd presented the planting plan for the studio lot. He said that he did a plant survey of the area and located 16 different saplings that have established themselves since the clearing was done by Mr. Merritt. Among them were three birch, one elm, dogwoods, willow etc. The planting plan calls for another 16 plantings which includes sugar maple, pin oak, white ash and red maple. Discussion ensued as to whether pin oak was a good choice, and it was agreed that it should not be planted. Mr. Akroyd said that he was open for any other suggestions, but the Commission said they would be agreeable to plantings within this category. There was a gap depicted on the plans between where the wall ended and the boulders began. The Commission said that this needs to be filled in with
boulders. Mr. Akroyd agreed. Aggressive invasive species were discussed and TF said that there should be an ongoing effort to suppress for a few years so that the plantings can get established.
TF made a motion to approve the plan as discussed, flag the trees and the boulders five feet off from the driveway, and that the plantings and boulders would be in place by November 15, 2012. JS seconded the motion and the Commission voted to agree 6-0.
Mr. Akroyd asked on Mr. Merritt’s behalf that if Mr. Merritt does all of the other work on the studio lot could he be given more time to decide on whether to put in the wall versus boulders. The consensus of the Commission was not to give permission for an extension of time.
Mr. Akroyd will send both planting plans to Natural Heritage tomorrow. The Commission asked to be kept informed and to be advised when the flagging was complete.
TF made a motion to continue the hearing on the NOI, DEP File number 198-0270, to Sept 20th. DF seconded the motion and the Commission voted to agree 6-0.
Other Business: NC advised that the Laurel Lake Preservation Association wishes to present its report of the effects of the 2nd year of Laurel Lake water draw downs at a meeting in September. The first meeting was scheduled for September 6, 2012, but because it is an election day, the meeting has been canceled. The Commission agreed to put this item on their agenda for September 20, 2012 at 8:00 PM. (On August 21, 2012, Mark Alimansky advised that LLPA’s consultant, Dr. Wagner, could not attend September 20 due to prior commitments. He stated that field surveys continue with the intent of completing a comprehensive, responsive report of the results of the second annual drawdown to the Lee and Lenox Conservation Commissions.)
Approve Minutes: RFC made a motion to approve the minutes of August 2, 2012 as amended. VA seconded the motion and the Commission voted to agree 6-0.
RFC made a motion to adjourn the meeting. JS seconded the motion and the Commission voted 6-0 to adjourn at 8:45 PM.
Respectfully submitted,
Peggy Ammendola
| 
