Lenox Conservation Commission
July 18, 2013
Minutes
Town Hall
Members present: Chair Neal Carpenter, NC; Vince Ammendola, VA; Tim Flanagan, TF; David Lane, DL
Absent with notification: Joe Strauch, JS; Rose Fitzgerald Casey, RFC; Dick Ferren, DF
Staff present: Peggy Ammendola, PA
Notice of Intent, Robert Speilman. 56 East Dugway Dr., Map 17 Parcel 52/53. Proposed project is the alteration of an on-site wetland to provide more open water in the form of a 0.9 acre pond with replicated wetlands surrounding that is equal to wetlands displaced. This hearing had been scheduled for June 20, 2013, but on June 19, 2013, Rob Akroyd requested this hearing be continued to July 18, 2013.
NOTE: On June 17, 2013, David Foulis of MA DEP emailed the Commission to provide the following:
- DEP File Number 198-0273
- A Water Quality Certification Audit of the NOI.
- An orthophotomap, Spring 2009, showing the property superimposed upon which is the datalayer and superimposed on that is a polygon labeled WC2-152-1, derived from the MA DEP Wetlands Change Project datalayer.
Mr. Foulis advised that the applicant’s proposal is expected to require: A Variance under 310 CMR 10.00; A Water Quality Certification under 314 CMR 9.01; Secretary’s Certificate on an Environmental Impact Report per 301 CMR 11.03 (3)(a)1; and possibly a US Army Corps of Engineers Individual Permit under Section 404 of the Federal Clean Water Act. Mr. Foulis said that MA DEP would look into the origin, veracity and regulatory applicability of the WCP polygon, and other apparent changes visible on aerial photography taken between 1997 and 2009 and would contact Mr. Akroyd concerning the WCP polygon.
Mr. Akroyd spoke to Mr. Foulis subsequent to the above email and Mr. Foulis then sent an email dated June 19th stating that MA DEP initiated an investigation of possible noncompliance with the Massachusetts Wetlands Protection Act, concerning this property and that the investigation involves information gathered from MA DEP’s “Wetlands Change Project” (“WCP”), and specifically WCP polygon WC2-152-1 which indicates possible conversion of a 0.26 acre shrub swamp to maintained turf at the Site between the spring of 2001 and 2005; as well as other information garnered from the Notice of Intent and collateral data.
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MassDEP understands that Mr. Speilman purchased the subject property on February 29, 2012, and has stated that Paragraph 30 of MGL Chapter 131, Section 40 may be pertinent as the investigation proceeds. Mr. Foulis asked that Mr. Akroyd submit no later than Friday, July 19th, soils data following a prescribed methodology to determine whether there is “human transported material” and whether or not there are hydric soils. Once this is done, Mr. Foulis would like to meet with Mr. Akroyd at the site to review Mr. Akroyd’s findings.
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Present at tonight’s meeting was Rob Akroyd of Greylock Design who discussed his conversations and correspondence with Mr. Foulis and said that he has provided the soils data to Mr. Foulis and that there is no indication of hydric soils. Mr. Akroyd said that the current owner is willing to correct a wrong and if he has to restore the site, he would want to reduce the size of the pond to 5,000 square feet and place in another location. Mr. Akroyd would like to continue this hearing as he is waiting for Mr. Foulis’s response to the soils data and follow up site visit. Following that, the applicant will decide if he wants to amend the Notice of Intent or withdraw.
TF made a motion to continue the hearing to August 1, 2013 at 7:30 pm. VA seconded the motion and the Commission voted to agree 4-0.
Request for Determination of Applicability, Mass Audubon, 472 West Mountain Road, Map 21
Parcel 1, proposed creation of “Nature Play Area” on a former garden site located between the main graveled entry drive/trail and a grassy trail known as Honeysuckle Lane.
A letter from Division of Fisheries and Wildlife, NHESP dated July 12, 2013 stated this project occurs within a designated Priority Habitat of Rare Species and requires review through a direct filing for compliance with the MA Endangered Species Act (MESA).
Present was Rene Laubach. Discussion ensued regarding the correspondence from NHESP and the consensus was that clarification was needed as to whether or not an NOI was necessary. Mr. Laubach will follow up with the Division of Fisheries and Wildlife
VA made a motion to continue the meeting to August 1, 2013 at 7:45 pm. TF seconded the motion and the Commission voted to agree 4-0.
Edward Merritt, 139 Lime Kiln Road, Map 18 Parcel 1. Follow up of Certified-Return Receipt violation letter mailed June 26, 2013.
Present were Rob Akroyd of Greylock Design Associates and Ed Merritt.
NC addressed the concerns of the Commission that Mr. Merritt has continued to mow where he has been told not to mow and reminded him that the law prohibits any work being done in the resource area without permission from the Commission.
Mr. Merritt had mowed in the area of the plantings in order to get them planted, but Mr. Akroyd said that since the plantings the area is filling in and looks good.
Mr. Merritt explained that he had found an area he described as being approximately 4 feet in width that was filled with debris consisting of glass, metal bucket, rusted barbed wire, concrete etc. He cleaned out all of the debris and filled in, and seeded and that the grass is now growing. He showed photos to of the items removed and how it looks now. The Commission said that because this is in a resource area, he should have contacted the Commission for approval
Mr. Merritt said that he has found bottles and glass in the brook and asked if he could remove them. He was advised that what he could remove by picking up would be acceptable, but if digging was required to remove them, he would have to seek permission of the Commission.
Mr. Akroyd told the Commission that Mr. Merritt has planted all of the shrubs and trees required by the Commission and that he has provided to Mr. Akroyd a receipt for the fence that was also a requirement. NC asked Mr. Akroyd to submit letters, the first to be brought to the next meeting, another in the fall and then in the spring, which documents the progress of this project.
TF reaffirmed that any work, even good work which may improve the site, must be approved by the Commission before any work is performed. Mr. Merritt agreed.
Request for Determination of Applicability, Massachusetts Electric Company for the installation of a new utility pole (Pole #1-02) within the roadway ROW adjacent to 4 Holmes Road.
Presenting this request was Kyle Hoffman, Environmental Scientist with Tighe & Bond. Mr. Hoffman said the purpose of the light is to provide lighting for the auto dealership.
NC asked about the kind of light and which way it is facing because of the endangered species in the area.
Mr. Hoffman felt he could not stipulate how the light could be shielded to prevent back scattered light. In an attempt to avoid continuing the meeting, he asked to have a few moments to call MA Electric. There was a brief recess.
Mr. Hoffman returned and stated that he was advised that the Commission could specify lighting control provided that it was relatively general, and not specific.
VA made a motion to issue a Negative III Determination with the condition that lighting fixtures are to be installed in such a way as to minimize backscattered light directed toward wetland resources. DL seconded the motion and the Commission voted to approve 4-0.
Other business:
Site Visit-June 25, 2013 to look at the old well on town owned land in the town watershed. (Refer to minutes of June 20, 2013.) The SV was attended by Jeff Vincent, Co-Town Manager, TF, JS and NC. DL went independently.
Creation of Land Management Committee-The Commission engaged in a discussion regarding the proposal to establish such a committee and its role to oversee all town owned lands which includes, but not limited to, Kennedy Park, Post Farm, and the Edith Wharton property. The Conservation Commission would have one of its members on the committee. The establishment of such a committee has come about through the development of the OSRP.
The original purpose of the Conservation Commission was to manage open land, so concerns were raised about the need to have an additional committee to oversee the Conservation Commission. The Commissioners discussed the possibility of having the Conservation Commission oversee the Kennedy Park Committee. A point made was that any change to town land would require the Commission’s review.
A major concern expressed was placing trails in Post Farm which is used primarily by residents for hunting, fishing, snowmobiling and four wheeling. This is the only town land where hunting is permitted and it is strongly felt this recreation is necessary for controlling the deer population as they eat the rare plant species. These activities were once allowed at Kennedy Park and in time were eliminated. DL said that years ago Kennedy Park was divided for different uses, with hunting being one of the uses. It is believed that dividing a property into different use areas does not work and the Commissioners do not want to see uses expanded for Post Farm as they feel this will draw more people and the land cannot sustain those uses. Post Farm is estimated to be 1/3 wetlands and it is too small
to create additional trails.
The Commissioners discussed the monetary benefit to the town in having increased activities versus the expense to implement and maintain. Consideration should be given to the expense of printing maps showing recreation areas and the distribution of the maps, creating parking, trash removal and the additional burden on law enforcement and emergency protection. The Conservation budget for maintaining land under their jurisdiction is slim and has recently been scaled back, making it hard to understand how the town can bear the additional burden of supporting these endeavors.
Yokun Ave., formerly the Krofta property- DL said that he has spoken to Mr. Berg about the washed out area of concern and Mr. Berg advised he would look into this and get back in touch with DL. At this time there has not been any further contact and DL said he would follow up with Mr. Berg.
Approve Minutes June 20, 2013-DL made a motion to approve the minutes and TF seconded the motion.
VA made a motion to adjourn the meeting and DL seconded the motion. The Commissioners voted to agree 4-0 and the meeting was adjourned at 9:05 pm.
Respectfully submitted,
Peggy Ammendola
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