Lenox Conservation Commission
October 4, 2012
Minutes
Town Hall
Members present: Chair Neal Carpenter, NC; Joe Strauch, JS; Vince Ammendola, VA; Rose Fitzgerald Casey, RFC; Tim Flanagan, TF
Absent with notification: Dick Ferren, DF; David Lane, DL
Staff present: Peggy Ammendola, PA
Laurel Lake Preservation Association, Dr. Ken Wagner to present his findings regarding surveys, data collection and analysis, and report preparation from the lake water drawdown during the winter of 2011-2012 that is in response to the Order of Condition File number (198-0242).
In attendance were the following: Dr. Wagner; Mark Alimansky, President of the LLPA; and Roger Scheurer of Laurel Lake Water Power. There were approximately 8 other individuals who are members of LLPA, two from Lakes and Ponds Association and one from Lake Onota Preservation Association..
After calling the meeting to order, NC said that all of the Commissioners were provided with the document Laurel Lake Drawdown 2012 Interim Report of September 2012 that had been emailed two weeks earlier and all have read it. NC also noted that the purpose of this meeting was to discuss the report and this year’s 3 foot drawdown only unless Dr. Wagner brings up any other recommendations.
Dr. Wagner presented an overview of his findings that were detailed in his report.
Following his review, Dr. Wagner suggested a push for a five foot drawdown. He said that not much has been done with regards to the creation of a watershed management plan.
TF asked Dr. Wagner to clarify his statement regarding Tom French’s prediction that veligers would be related to temperature. Dr. Wagner stated that his findings were not consistent with Mr. French’s prediction.
VA asked Dr. Wagner if he was following a different regime in tracking the zebra mussels, and if so if he was sharing his information with DEP. Dr. Wagner said that more effort should be made with regard to the zebra mussels, less with the plants, and that he has been in discussion with Mr. French, but not with DEP. Dr. Wagner said that after getting though this December’s drawdown, he will update his report and then make suggestions such as this. VA said that providing his results to DEP may lead to further involvement with the state.
NC said that he was in favor of reducing plant monitoring so that more of Dr. Wagner’s time could be spent on the zebra mussels and a watershed management plan. Dr. Wagner said that he would make that proposal.
NC noted again that the Commission has yet to receive the Watershed Management Plan. Dr. Wagner agrees that this is an issue, but he lacks basic information on the farm (High Lawn Farm) and the condominiums (Fox Hollow) and feels that approaching both with an assumption that they are a part of the problem would not result in their cooperation to allow him to access their properties. Dr. Wagner stated that he does not know what the farm does, but believes that there is a storm water issue at Fox Hollow. NC suggested that he come up with a plan and then follow through by writing letters to the property owners.
Dr. Wagner cited the high cost of doing thorough testing, but agreed that with more work there could be progress and believes that some data could be obtained with LLPA’s budget for next year. Without thorough testing he said that he cannot produce a plan that would be defensible.
NC cited the fact that recently homes have tied into public sewer and other homes have upgraded their septic systems both of which results in less nutrients going into the lake. This, he said, has led to improvements for the lake and this is the kind of information that would go into the formation of a plan.
Ray Grogan said that LLPA has been working toward solutions to the problems at Laurel Lake for some time and that they have applied for grants through Berkshire Taconic Community Foundation and Massachusetts Environmental Trust to be able to create a plan.
NC responded that the Commission is aware of efforts made by LLPA, and said that this is a good example of the detail that would go into creating the document (plan) the Commission has repeatedly requested. NC added that this could be a 10 or 20 year plan.
Dr. Wagner said that a watershed management plan will do nothing for the two problems, zebra mussels and invasive rooted plants that are addressed in the Order of Conditions. Dr. Wagner said the algae are the result of the watershed, but algae, oxygen nor bacteria have not been a problem in Laurel Lake for the past few years. He said that plants are feeding on the nutrients that are already in the sediment.
NC pointed out that the Commission is not personally seeking the Watershed Management Plan, but acting under the authority of Mass DEP which requires such. VA said that the Commission is looking for an outline of a line of progression on what needs to happen in order to create something that can be effective. TF pointed out that he can recall three meetings where he has asked LLPA to follow the Massachusetts Volunteers Guide for Surveying a Lake Watershed and Preparing an Action Plan. Dr. Wagner responded that this guide is antiquated now. TF responded that it is better than nothing.
Harold Sherman, a member of the LLPA and property owner at Laurel Lake asked the Commission if they had heard Dr. Wagner’s claim that the watershed management plan would do nothing for the Eurasian Milfoil or zebra mussels. NC repeated that DEP requires a plan and that the Commission is asking for compliance, i.e., a written plan which gives detail of what LLPA intends to do. Mr. Sherman said that the LLPA could have that tomorrow.
Dr. Wagner said that he and LLPA can try to do better. After the draw down this year and he has collected data, they will put together a concrete proposal.
NC reiterated that the efforts being made by LLPA are resulting in putting together the data the Commission needs. He also informed the group that the Lee Conservation Commission had been invited to tonight’s meeting, but they were having elections. Lenox did not want to put off this meeting because it was important that LLPA remain on schedule for the next scheduled draw down for the first of November.
NC asked members of the LLPA if Frank Bonnevie, a resident of Lee who lives on Laurel Lake, was a part of LLPA. The Commission received a letter on October 3, 2012 from Mr. Bonnevie as well as a video on zebra mussels. Within his letter, Mr. Bonnevie was asking for a nine foot draw down of Laurel Lake. Members of LLPA told the Commission that Mr. Bonnevie was acting on his own, and that he has not participated in any of LLPA’s efforts. NC pointed out that in the last sentence of his letter, Mr. Bonnevie said that if the Conservation Commission could not lead, it should get out of the way. NC said that an individual could not tell the Commission to “get out of the way” as it is the Commission’s responsibility to administer and enforce the Wetland
Protection Act. JS sympathizes with Mr. Bonnevie saying that he is obviously frustrated and feels that nothing is being done. NC agreed, saying that apparently Mr. Bonnevie does not realize that the Commission’s responsibility is to police, but not be involved in the work of the LLPA. TF added that Mr. Bonnevie could come to discuss with the Commission his concerns.
Mark Alimansky added a final comment to everyone in the audience that over the last 3 years the LLPA has done considerable work through Dr. Wagner which will benefit the towns’ people and that the Commission has also been doing its work. He said that LLPA is trying to raise $16,000.00 and has mailed flyers to some residents in Lenox asking for support for their cause. He said he would like to have greater participation in the LLPA. VA asked if the association had approached the Town of Lenox. Mr. Alimansky said that both Lenox and Lee have each contributed $2500.00 this year and that he has just learned in the last few days that LLPA would be eligible to apply for funds from the Lenox Community Preservation Act.
All were in agreement to proceed with the draw down as scheduled to begin the first of November.
Tad Ames of Berkshire Natural Resource Council to discuss Conservation Restriction on Lenox watershed property. Present was Mr. Ames who explained that the BNRC was a non-profit land conservation group that was formed in 1967. He, NC and DL were 3 of the 11 member Watershed Lands Conservation Restriction Study Committee which has developed a draft conservation restriction for an area that is a part of Lenox Mountain and West Stockbridge Mountain that is known as Yukon Ridge. Part of the CR would be in Richmond. The committee concluded that additional conservation restriction should be placed on the area and the Town should keep control with minimal interference and that a CR be crafted that would be workable for the town and BNRC. BNRC, being the holder independent of
the town, shall be the primary holder and decision maker for the grantees. The Conservation Commission, being a body of the town, shall be the secondary holder with advisory privileges and responsibilities to the primary holder.
Mr. Ames reviewed with the Commission the details of the proposed CR.
TF asked what if at some point a connector highway or road widening was proposed for Reservoir Road and what is the legal classification for Reservoir and Dunbar Roads. Mr. Ames said that he would look into his questions and advise. JS asked about permitting scientific collection for a botanical study. Mr. Ames said that there was reference to archaeological investigations and that he could change that to read “scientific and archaeological”.
General discussion ensued as to what activities were prohibited or allowed. NC said that if the DPW wanted to construct a wind turbine to generate power to operate the plant, that would be allowed, but only to generate power for that purpose and only then with required permits.
Mr. Ames explained the Memo of Understanding and went over the estimated costs to see the CR through.
Mr. Ames will edit the CR based on the discussion with the Commission, send the new draft to the Commission and present it to the Board of Selectmen at their meeting in two weeks. The Richmond Board of Selectmen will have to sign off on it, followed by the DEP and the Executive Office of Environmental Affairs. Following those approvals, members of the Commission and the DPW will meet to decide on the boundaries of the Restriction. The town would have to approve of the CR at the Annual Town Meeting and if so then there may be a need for a special act of the legislature. It is prudent to not have a survey done until approval by the town.
NC said that both DL and DF were in favor of the CR.
TF made a motion to endorse the CR as proposed by BNRC and the Watershed Conservation Study Committee. VA seconded the motion and the Commission voted to approve 5-0.
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 and September 20, 2012.
On today’s date, Rob Akroyd delivered to Land Use a letter dated October 4, 2012 requesting the withdrawal without prejudice of the most recently filed Notice of Intent dated June 21, 2012, MA File # 198-0270.
Additionally Mr. Akroyd submitted re-vegetation plans dated 8/02/2012 for the studio MA File # 198-0219 and a Site Plan Sheet # S.1 dated 11/26/2007. MA File # 198-0234 is for the house.
NC read the withdrawal letter to the Commission.
VA made a motion to accept the applicant’s request to withdraw the NOI, MA File # 198-0270. RFC seconded the motion and the Commission voted 5-0 to accept.
The site plan and re-vegetation plan were reviewed. The Commission requested that Mr. Merritt bring the planting plan up to date and indicate the revision date, and to present a schematic of the stone wall depicting the passages for the amphibians.
Approve minutes: TF made a motion to approve the minutes of September 20, 2012. RFC seconded the motion and the Commission voted to approve 5-0.
Other Business: NC told the Commission that Tom Garrity of Valley Mill NOI Lenox Valley WTF, LLC, 64-68 Willow Creek Road Map 9 Parcel Parcels 7 & 8, thinks that he will get the parking lot completed this year.
RFC made a motion to adjourn at 9:34 PM. TF seconded the motion ant the Commission voted to agree 5-0.
Respectfully submitted,
Peggy Ammendola
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