Lenox Conservation Commission
December 20, 2012
Minutes
Town Hall
Members present: Chair Neal Carpenter, NC; Joe Strauch, JS; Vince Ammendola, VA; Tim Flanagan, TF; David Lane, DL; Dick Ferren, DF; Rose Fitzgerald Casey, RFC
Staff present: Peggy Ammendola, PA
Edward Merritt, Lime Kiln Rd., Map 27 and portion of Parcel 18-
- MA DEP file number 198-0234-House lot
- MA DEP file number 198-0219-Studio lot
Note: At the November 15, 2012 meeting all parties agreed to two follow up meetings with the Commission. The first would be on December 6th when new plans would be presented as well as a letter from Natural Heritage regarding the placement of the existing fence. The second meeting would be on December 20th, as it was anticipated that all details would be in place and agreed upon so that both Enforcement Orders could be lifted and the Orders of Conditions could be amended.
At the December 6th meeting, the Commission reviewed the newest plan and concluded that the plan lacked the following detail:
- Wetland boundary at the top of the bank
- Depiction of the ten foot non-disturbance zone.
- Letter from Natural Heritage regarding the placement of the fence.
Also, it had been anticipated that the plan for the studio lot would have been submitted. This plan needs to show the agreed upon split rail fence instead of the stone wall. (Neither Mr. Akroyd or the applicant was at that meeting.) NC was to follow up with Mr. Akroyd so that it would be clear what the Commission expected at the December 20th meeting.
Present at tonight’s meeting was Rob Akroyd, Greylock Design Associates, Inc. and Edward Merritt.
Mr. Akroyd addressed the house lot first. He presented correspondence from Natural Heritage in which they stated that the fence was on an established lawn area so they do not have purview. They did request however that there be clearance for salamander migration of 2-3 inches along the bottom for the entire length of the fence. This has been identified on the drawing.
Mr. Akroyd submitted a request in writing that the applicant be able to substitute the previously agreed upon guard rail fence with a plant barrier. The Commission noted that the plan presented tonight lacks a complete definition of the 10 foot non-disturb zone. At the Commission’s request Mr. Akroyd made a pen and ink change to the drawings that added the detail depicting the 10 foot zone, and dated the revision. Mr. Akroyd felt that this now satisfied the requests of the Commission with regard to the house lot.
JS made a motion to amend the Order of Conditions, MA file number 198-0234 as presented on the plan with the revision date of December 20, 2012, with the understanding that the Commission is approving only the BVW as drawn on the house lot plan, and not the entire site. DL seconded the motion and the Commission voted to approve 6-0.
NC stated that following the appeal period, provided that there are no appeals, the Commission would then withdraw the enforcement orders
For the studio lot a plan with the revision date of December 11, 2012 was presented. This indicates the location of the post and rail fence and revised planting plan. NC asked Mr. Akroyd to present a request in writing to the Commission for these two items. The two changes are not significant enough to require a new filing.
Mr. Merritt requested to be allowed to put in a pedestrian gate to allow access between his two lots. Discussion ensued and it was agreed to allow the fence length to be shortened for pedestrian access. This modification was drawn on the plan and a new revision date of December 20, 2012 was noted.
Mr. Merritt asked if the fence could be stored by Berkshire Fence versus on site. The fence company has agreed to do this after Mr. Merritt purchases the fence. The Commission agreed, but NC asked that when the purchase takes place to notify the Commission in writing.
DL made a motion to accept the plan on the studio as revised on December 20, 2012. TF seconded the motion and the Commission voted to agree 6-0.
Mr. Merritt requested that he be able to start prep-work to ready the area for the foundation. The Commission said that he could cut trees in that footprint and clear brush, but he could not dig unless hay bales and silt fence were in place. These barriers are to stay in place for the duration of the project.
Minutes: RFC made a motion to approve the minutes of December 6, 2012. JS seconded the motion and the Commission voted to approve 6-0.
Site Visit: On December 12, 2012, there was a site visit at 305 Walker Street to check the delineation flags set by Gail Ceresia of Berkshire Wetland Services. Present were VA, TF, JS, DF and Ms. Ceresia. A request for an RDA was filed today.
RFC made a motion to adjourn and VA seconded the motion. The Commission voted to agree by a vote of 6-0. The meeting was adjourned at 7:40 pm.
The next meeting will be January 17, 2013 at 7:30 pm.
Respectfully submitted,
Peggy Ammendola
| 
