Lenox Conservation Commission
July 19, 2012
Minutes
Town Hall
Members present: Chair Neal Carpenter, NC; Joe Strauch, JS; Vince Ammendola, VA; David Lane, DL; Rose Fitzgerald Casey, RFC; Tim Flanagan, TF
Absent with notification: Dick Ferren, DF
Staff present: Peggy Ammendola, PA
Notice of Intent, Edward Merritt, Lime Kiln Rd., Map 27 and portion of Parcel 18. The proposed project is conversion of an existing garage to four bedroom single family residence.
Making the presentation was Rob Akroyd of Greylock Design Associates, Inc. Mr. Akroyd said that an Order of Conditions was issued in June of 2006 for this project, but lapsed and no work was ever done due to the applicant’s personal issues. He stated that this NOI that was submitted June 25, 2012 is exactly the same as the one filed in 2006, that nothing has changed, and the applicant is ready to start the project again. Mr. Akroyd presented a site plan and reviewed Mr. Merritt’s project and asked that the Commission write another order of conditions to allow the project to move forward.
Discussion ensued and the Commissioners agreed that a Certificate of Non-Compliance for the previous Order of Conditions, DEP File # 198-219, should be issued to formally close out that NOI and begin anew with this NOI by having a site visit to determine the current state of the property. The Commission expressed their deep concern that Mr. Merritt had not complied with the Commission’s order to restore the area that he had cleared illegally prior to his filing of the NOI in 2006.
The Commissioners were firm that this NOI is subject to current regulations. They required that an updated planting plan which includes a list of trees to be planted and a timeline showing the optimum time of year for planting be submitted. The plan is to include the area of riverfront to be restored. It was reaffirmed at tonight’s meeting that birch trees would not be a good choice for the reclamation and preferred that red oak and sugar maple be used.
TF made a motion to continue the hearing to August 2, 2012 at 7:30 pm, and that the applicant should be advised that additional information is required in the NOI to address the re-vegetation plan which will include the time frame for planting. The applicant is free to include new elements and reduce parts of existing plan as he sees fit. This NOI will be treated as a new project and must meet the current performance standards. RF seconded the motion.
Sonya Bykofsky, the only member of the public present, asked if Natural Heritage would be notified. NC said that the notice had been filed with them. She questioned why trees had to be re-planted and NC told her that in this case the habitat had been altered by cutting and restoration was required.
The Commission voted to agree 6-0.
RFC, noting the lack of follow through with the previous project, stated she wanted someone experienced with planting to oversee the planting. TF suggested that the applicant nominate a compliance monitor.
At the request of JS, Mr. Akroyd agreed to provide JS with a copy of the NOI.
The site visit was scheduled for Wednesday, July 25 at 5:00 pm.
Approve minutes: JS made a motion to approve the minutes of July 5, 2012. DL seconded the motion and the Commission voted to approve 4-0-1. TF abstained as he was not present at that meeting.
Other Business:
• Anna Truran of 88 Holmes Road has contacted PA asking that the town remove bittersweet vine that is growing on her property. Her concern is that it is invasive and that seeds will spread creating a problem in Lenox. PA referred to NC who determined that there are no wetlands which would be an issue if Ms. Truran wishes to excavate. PA advised Ms. Truran and referred to DPW in the event the bittersweet was on town property.
• NC went to the site owned by EPRI upon being contacted by the Building Commissioner who has received a request to put in a “man hole”. NC determined that this project is not near any wetlands.
• It was requested that PA contact Natural Heritage regarding the NOI filed by Edward Merritt and advise them that the hearing was continued for lack of information and that before acting to wait for the amendment that Mr. Akroyd will be submitting. On July 24, 2012, PA contacted Natural Heritage with this information.
RFC motioned to adjourn and VA seconded the motion. The Commissioners voted to adjourn at 8:30 pm.
Respectfully submitted,
Peggy Ammendola
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