Lenox Conservation Commission
January 17, 2013
Minutes
Town Hall
Members present: Acting Chair Vince Ammendola, VA; Joe Strauch, JS; Tim Flanagan, TF; David Lane, DL; Dick Ferren, DF; Rose Fitzgerald Casey, RFC
Absent with notification: Neal Carpenter, NC
Staff present: Peggy Ammendola, PA
Request for Determination of Applicability, Robert and Nancy Dacey, 305 Walker St., Map 4 Parcel 12. No work is proposed. This is a request for approval of the wetland boundary as delineated and whether the area depicted on plan is subject to the Wetland Protection Act.
Presenting the plan was Gail Ceresia of Berkshire Wetland Services.
DF made a motion to issue a Positive Determinations for #1 and #2. JS seconded the motion. The Commission voted to approve 5-0-1 with DL abstaining as he was not present at the site visit.
Edward Merritt, Lime Kiln Rd., Map 27 and portion of Parcel 18- Rob Akroyd of Greylock Design Associates, anticipating that all details will be in place and agreed upon so that both Enforcement Orders can be lifted. This is relative to the Enforcement Orders issued on August 3, 2012 for MA DEP file numbers 198-0234 and 198-0219. Continued from December 20, 2012.
Note: PA contacted Mr. Akroyd today via email to remind him that relative to the studio lot he had agreed to put in writing the changes he made to the plan on December 20, 2012. (Those changes depicted the location of the post and rail fence and the revised planting plan.) Mr. Akroyd stated he would not be at the meeting. He did state that he would be submitting that request.
Mr. Akroyd’s response was shared with the Commissioners and the consensus was that until the Commission had this information they would not move forward on this matter.
DF made a motion to continue the meeting to February 7, 2013 at 7:30 pm. TF seconded the motion and the Commission voted to agree 6-0.
Approve Minutes: DL made a motion to approve the minutes of December 20, 2012 as amended. JS seconded the motion and the Commission voted to agree 6-0.
Other business:
Laurel Lake Preservation Association: On January 2, 2013 Mark Alimansky, President of LLPA, sent an email to the Commission which noted that their last permitted number of drawdowns was near completion and asked about the process for extending drawdowns for another several years. On January 15, 2013 in a follow-up email Mr. Alimansky wrote that LLPA wanted to take advantage of the Permit Extension Act which automatically gives applicants permission to extend certain existing permits for up to four years. This is the content of that request:
This letter is to notify the Lenox and Lee Conservation Commissions that, pursuant to the Permit Extension Act, (Section 173 of Chapter 240 of the Acts of 2010 and extended by Sections 74 and 75 of Chapter 238 of the Acts of 2012) the LLPA plans to extend its Orders of Conditions for drawdowns of Laurel Lake for the permitted four years.~
The Commission discussed LLPA’s request at tonight’s meeting and stated that the purpose of the Act is to give more time to an applicant who needed more time to complete a project, not to change the terms of the original Order of Conditions. In the case of LLPA, the final drawdown permitted is being conducted, due to be complete this Spring 2013 It was decided that LLPA be notified of the Commission’s opinion. The Commission agreed that NC be advised and that he should consult with DEP.
Note: On January 18, Chairman Neal Carpenter contacted Mark Stinson of MA DEP who assisted NC on how to approach this request. NC then contacted Mark Alimansky to discuss. It was suggested to Mr. Alimansky that LLPA request an amendment to the Order of Conditions for the purposes of additional drawdowns. As a result, Mr. Alimansky sent another email, dated January 18th, and reads as follows:
Re: Lee: MassDEP File #:196-0371
Lenox: MassDEP File #:198-0242
This letter is in response to a phone conversation this morning with Neal Carpenter, Chair of the Lenox Conservation Commission, regarding the emailed letter of January 15, 2013. ~The recommendations of the Lenox Conservation Commission are incorporated in the language of the paragraph below.~ The paragraph is to supersede the earlier email on the same subject.
This is to notify the Lenox and Lee Conservation Commissions that, pursuant to the Permit Extension Act, (Section 173 of Chapter 240 of the Acts of 2010 and extended by Sections 74 and 75 of Chapter 238 of the Acts of 2012), the LLPA requests amending the original Orders of Conditions for drawdowns of Laurel Lake for the permitted number of years.~
Lenox Commons, aka Lenox Woods South, formerly Aspinwell, 55 Pittsfield Rd., Map 17 Parcel 40. The Commission received an email (cc’d) from Karen Hirschberg (DEP) which was addressed to David Ward regarding:
Request to Amend Superseding Order, Lenox Woods South, formerly Aspinwell Shops, MA DEP file number 198-0233.
The email read:
“The Massachusetts Department of Environmental Protection (hereinafter the “Department”) met with your representative on January 14 1013, as part of its review of your request to amend the Superseding Order of Conditions, issued under the Massachusetts Wetlands Protection Act, MGL c. 131, § 40 (hereinafter the “Act”) dated September 4, 2008.~ Based on its review of the information submitted and as discussed with your representative at that meeting, the Department has determined that additional information is needed in order for it to render a decision.”
The additional information requested by DEP falls under the heading of General Stormwater Management Requirements.
RFC made a motion to adjourn at 8:20 pm. JS seconded the motion and the Commission voted to agree 6-0.
Respectfully submitted,
Peggy Ammendola
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