Lenox Conservation Commission
September 20, 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; David Lane, DL
Staff present: Peggy Ammendola, PA
Notice of Intent, Edward Merritt, Lime Kiln Rd., Map 27 and portion of Parcel 18. (MA File # 198-0270) The proposed project is conversion of an existing garage to four bedroom single family residence. Continued from July 19, 2012 and site visit July 25, 2012; Continued from August 2, 2012 so that a plant survey could be provided. Continued from August 16.
There were three members of the public in attendance.
Rob Akroyd of Greylock Design Assoc., Inc., advised the Commission that Mr. Merritt will withdraw without prejudice his NOI, File # 198-0270, that was filed in July.~ Mr. Akroyd will draft the letter stating such and file the letter with the Conservation Commission and Mass DEP.
Mr. Akroyd said that he has had software issues, therefore could not provide updated plans for the two Orders of Conditions, one for the garage/studio (File #198-0219) and the other for the house (File # 198-0234). He hopes to have this rectified shortly.
Mr. Akroyd stated that Mr. Merritt, aware of the November 15th deadline, is moving forward to accomplish the requirements as set forth in the Enforcement orders. Mr. Akroyd is to stake out the location for the trees next week. Mr. Merritt is hiring Berkshire Fence to put in the guard rail and Ward’s Nursery to do the plantings.
Mr. Merritt and Mr. Akroyd met earlier in the week and Mr. Merritt made the following three requests of the Conservation Commission:
a) He would like to have the 36 inch high guardrail height reduced so that there is less impact on his landscape. The Commission did not approve, preferring the standard guardrail height of 36 inches.
b)He requested to plant 2 white pine in place of oak in the area off the edge of the driveway to provide privacy for the studio.~ The Commission agreed to this request, but they want this information shown on the updated planting plan.
c)On the house lot, Mr. Merritt would like to have the guardrail only along the river front, and not along the BVW. The consensus of the Commission was to not grant this request.
Site Visit: There was a site visit on September 6, 2012 to Mr. Merritt’s property to view the staked out location of the guard rail and it was attended by TF, VA, DL, JS, NC and Rob Akroyd.
VA made a motion to continue the hearing to October 4, 2012 at 8:30 PM.~ DL seconded the motion and the Commission voted to agree 7-0.
There were no questions or comments from the public.
Request for Determination of Applicability, SMA Town of Lenox, Kennedy Park, Aspinwall Rd., Map 21 Parcel 8. The project is the renovation of the Kennedy Park entrance.
Rob Akroyd of Greylock Design Assoc., Inc. presented the application.~ He reviewed the site plan and advised the Commission that he referred to the USGS Map that the town used when the water tower, adjacent to this site, was recently replaced. He said that most of the area is not above 1400 feet. The proposal is for a formal area at the access to Kennedy Park. The project involves the replacement of a decrepit fence with a guardrail, replacement of broken asphalt with granite and cobble pavers, ornamental plantings and two benches.
Parking spaces are not a part of this proposal, but Mr. Akroyd said that the current parking, which is limited to individuals who are physically challenged, will be changed from diagonal to parallel. Mr. Akroyd believes that permits are available at the Town Clerk’s office.
Bera Duna of the Beacon asked if any of the parking spaces are designated for handicapped persons and if the Planning Board would review. The Commission responded that this was not relevant to the application and that they were not aware of any other review. The Commissioners concluded they would treat this project as being above 1400 feet.
There were no other questions or comments from the public.
DL made a motion to issue a Negative 2 Determination. VA seconded the motion and the Commission voted to agree 7-0.
Site Visit: There was a site visit August 8, 2012 that was attended by Town Manager Greg Federspiel and Commissioners TF, VA, JS, DL and NC.
Approve Minutes: DF made a motion to approve the minutes of August 16, 2012 with minor edits.VA seconded the motion and the Commission voted to approve 6-0-1 with DL abstaining as he was not present at that meeting.
Other Business:
Eli Newberger, 132 Lime Kiln Rd., Map 27 Parcel 34: There was a site visit on September 6, 2012 to inspect the area of a stone wall recently damaged in a storm. The Commissioners agreed that there would only be a slight modification to the Determination of Applicability thereby no further action was required. DF made a motion to approve, VA seconded the motion. The Commission voted 6-0-1 with DL abstaining. Participating in the site visit were TF, VA, DL, JS, and NC.
Possible Wetland Protection Act Violation: DF advised the Commission that he recently came across a 12 foot ditch in a wooded area on property located on Yokun Ave.~ He stated that it appears that there has been recent dozer work which he believes to be a violation of the Wetland Protection Act and that runoff is going into Parson’s Marsh.~ DL and NC will investigate by calling a property owner on Yokun to try to determine the ownership of the property and to arrange for a site visit.
Site Visits: NC checked on the work being done by Hillcrest Educational on August 25 and August 28, 2012. Also on August 28, 2012, NC checked on the erosion control at 174 Main St.
RFC made a motion to adjourn at 9:00 PM. DL seconded the motion and the Commission agreed 7-0.
Respectfully submitted,
Peggy Ammendola
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