Lenox Conservation Commission
August 15, 2013
Minutes
Town Hall
Members present: Chair Neal Carpenter, NC; Vince Ammendola, VA; Tim Flanagan, TF; David Lane, DL; Joe Strauch, JS; Rose Fitzgerald Casey, RFC; Dick Ferren, DF
Staff present: Peggy Ammendola, PA; Town Planner, Mary Albertson, MA
Also present was Bruce Winn, Strategist, with Berkshire Environmental Action Team.
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. Originally scheduled for June 20, 2013, but rescheduled to July 18, 2013 at the request of Rob Akroyd of Greylock Design Associates. At the July 18th meeting, Mr. Akroyd requested continuation to August 1st to permit time for MA DEP to respond to Mr. Akroyd’s submission of soil data. On July 24th, MA DEP contacted Mr. Akroyd stating the raw data had been received, but an analysis of the data collected was necessary. Mr. Akroyd was not able to comply in time for the Aug. 1st meeting; therefore this matter was again continued to August 15th. Mr. Akroyd did submit the analysis on August 2nd, and has requested another continuance to September 5th, hoping by that time to have met with David Foulis of MA DEP at the site.
RFC made a motion to continue the meeting to September 5, 2013 at 7:45 pm. VA seconded the motion and the Commission voted to agree 6-0.
Mr. Winn commented that the state has an ongoing investigation to determine if a possible violation has occurred to a pre-existing wetland on the property. It appears there may have been two wetland areas hydrologically connected which no longer appear in the photographic survey. TF, referring to Mr. Akroyd’s letter to Mr. Foulis, said the letter improperly characterizes what happened at the Site Visit.
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. Continued from July 18, 2013 to allow time for Mr. Laubach of Mass Audubon to follow up with the Division of Fisheries and Wildlife regarding July 12 letter from NHESP to see if an NOI should be filed for this project. NHESP had requested Mr. Laubach submit a MESA Project Review Checklist, which he did on July 19th. Continued to August 1st and again to August 15th. On August 13th, Lauren Glorioso of NHESP advised Mr. Laubach they anticipate responding within a week. Mr. Laubach asked for another continuation. VA made a motion to continue to September 5, 2013 at 7:30 pm. JS
seconded the motion and the Commission voted to agree 6-0.
Other business:
Open Space and Recreation Plan- MA gave a brief review of the work which has been done over the last several months by the OSRP Committee and the students of the Conway School of Design in developing the Plan. Three copies of the draft of the Plan were provided as well as the document entitled Lenox Land
Management Committee, Draft 2. Discussion ensued regarding the proposed creation of a Land Management Committee which would consist of representatives from different existing committees and “at large” members. Whether the “extra layer” of another committee is necessary was debated. Major points made by the Commission were:
- The existing uses of Post Farm, which includes hunting, should be preserved.
- Where are the financial resources to implement the proposed plan? NC said the Commission has very little money budgeted for the maintenance of some town land, and recently that amount has been cut.
- Increased usage could result in the increase in liability to the Town.
- Usage rules need to be established and published for the different recreational areas for enforcement.
Eli Newberger, 132 Lime Kiln Rd., map 27 Parcel 34: (See minutes of August 1, 2013.) NC stated he has spoken with Mark Stinson of MA DEP who said Mr. Newberger could file an RDA with MA DEP and a MESA Project Review Checklist with NHESP versus an NOI as long as there is improvement to the river front, i.e., removing invasive species and replacing with desirable plantings. There will be a Site Visit, Tuesday, August 20th at 9am.
Joe Toole, Conservation Restriction for property known as Map 33-1-1: (These three addresses are given on the Assessor’s Field Card: 445 Pittsfield Rd., 25 Mollie Way, and 461 Pittsfield Rd.) Mr. Toole advised NC that Attorney Phil Heller will be filing with the state by the end of the month.
LD Associates, 55 Pittsfield Rd. Map 17 Parcel 40, aka Lenox Woods, Building 9: The developer wishes to add to this existing building 968 square feet. NC has spoken to Matt Ward of LD Associates and advised they are responsible for notifying MA DEP of this change under the current superseding Order of Conditions.
Laurel Lake-Docks: The Commissioners discussed the need to address the issue of docks that are in place but not properly permitted. It was suggested to send a letter to all Lenox waterfront property owners at Laurel Lake that will inform them of their responsibility to get the necessary permits to have a dock. There are two Massachusetts state laws governing small dock and pier construction: the Wetlands Protection Act and the Public Waterfront Act, also known as the Chapter 91 Waterways Law.
Approve Minutes of August 1, 2013: DF made a motion to approve the minutes as amended and JS seconded the motion. The Commission voted to agree 6-0.
Respectfully submitted,
Peggy Ammendola
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