Lenox Conservation Commission
June 6, 2013
Minutes
Town Hall
Members present: Chair Neal Carpenter, NC; Vince Ammendola, VA; Joe Strauch, JS; Tim Flanagan, TF; Dick Ferren, DF; Rose Fitzgerald Casey, RFC; David Lane, DL
Staff present: Peggy Ammendola, PA
Alfred Haddad, 178 New Lenox Road, address violation issues with regards to dumping of gravel (dirt) adjacent to a wetland. At issue is an area of the property which borders East Street.
Present was Mr. Haddad and his son in law, George Bliss. NC advised that any work in the wetlands requires permits. Mr. Haddad said that he was not aware of that. He had wanted some dirt, but someone dumped more than he wanted. He agreed to remove the dirt and NC agreed to go with Mr. Haddad to see where on his property it would be acceptable to move the dirt.
It was agreed that there would be a site visit on Wednesday, June 12, 2013 at noon.
Request for Determination of Applicability, MassDOT, Highway Division for pavement resurfacing work on Route 7A (Main Street), from the beginning of state highway at mile marker 2.0 to the intersection of Rote 7A and Route 7&20 at mile marker 2.6.
Presenting the request was Nick Hopkins. Mr. Hopkins said that the work will be to mill down the existing pavement by one inch and repave to the same depth. The milled asphalt will be carted off from the site. There will be no work on culverts and the catch basins will be left as is. Silt sacks and hay bales will be used to cover them while work is being done.
DF made a motion to issue a Negative III Determination and VA seconded the motion. The Commission voted to agree 7-0.
Notice of Intent, Berkshire Natural Resources Council, near Old Baldhead Road, Map 5 Parcel 3. Construction of a crossing of Shadow Brook with a pedestrian hiking trail. Continued from May 16, 2013.
Amanda L’Etoile provided two drawings with additional detail that had been requested at the previous meeting. They are identified as 1) Stream Width Plan and 2) Site Plan.
TF advised Ms. L’Etoile that the volume of material in the stream bed may not be changed, i.e., whatever stone is removed is to be replaced with stone of equal volume. This would be a special condition of the Order of Conditions.
TF made a motion to approve as discussed with the special condition. VA seconded the motion and the Commission approved 7-0.
Request for Determination of Applicability, Carlos Zaffenalla, 6 Melville Ct., Map 8 Parcel 76-8. The proposed project is the construction of a 32’ X 12’ addition within the 100’ buffer.
There was a site visit on June 12, 2013 that was attended by Mr. Akroyd, VA, TF, JS and NC.
Mr. Akroyd made the presentation. He said that the existing deck will be removed and replaced with an addition on a full foundation.
TF confirmed with Mr. Akroyd that all of the work will be coming in from the top side.
JS made a motion to issue a Negative III Determination and RFC seconded the motion. The Commission voted to agree 7-0.
Other Business:
EPRI, 115 East St., Map 34 Parcel 1-NC advised the Commission that he has been periodically reviewing the work being done and reports that there are no problems. He has told the applicant to call him to inspect after the trees are cut before proceeding.
Solar-On May 23, 2013, there was a site visit to the land fill, the site proposed for a solar installation. Attending were TF, DL, NC; town officials Greg Federspiel and Jeff Vincent; Project Manager Dennis C. Daru Jr. of Broadway Electrical Company, Inc.; and Richard Kirby of LEC Environmental Consultants.
Commission members feel that half of the landfill is within the wetland, but Mr. Kirby disagreed. TF said that Mr. Kirby had said that there is approximately 11 to 12, 0000 square feet of wetland, but he wanted the commission to find only 2500 square feet as such which he had flagged and offered to do more replication work to any size the Commission wanted. The situation has not been resolved.
Sam Bittman- NC advised that Mr. Bittman, who is doing landscaping at property located Map 46-Parcel 6, 49 Cliffwood and owned by Nathanson had inquired about a stream adjacent to the property, believing it to be an intermittent stream. NC informed him that this is not an intermittent stream, but rather storm water drainage.
Disantis-NC is providing a Partial Release of two Orders of Conditions to Nick Disantis which is needed for the transfer of ownership of property. The two orders are as follows:
Order of Conditions to Nicholas DiSantis, dated January 20, 2000 (DEP File No. 196-169)
Order of Conditions to Silvio Scarinzi, dated April 17, 1997 (DEP File No. 196-141)
Approve Minutes: May 16, 2013 TF made a motion to approve the minutes as written and RFC seconded the motion. The Commission voted to approve 7-0.
RFC made a motion to adjourn at 8:14 p.m. DF seconded the motion and the Commission voted to adjourn 7-0.
Respectfully submitted,
Peggy Ammendola
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