Lenox Conservation Commission
October 17, 2013
Minutes
Town Hall
Members present: Chair Neal Carpenter, NC; Vince Ammendola, VA; Tim Flanagan, TF; Joe Strauch, JS; Dick Ferren, DF; David Lane, DL; Rose Fitzgerald Casey, RFC
Staff present: Peggy Ammendola, PA
Also present was Julie Ruth of the Berkshire Record.
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 the applicant. ~On 8/1/2013, continued to August 15th at 7:30 pm. ~Continued to Sept 5, 2013. ~Continued to October 17, 2013. ~
Present were the following: ~Bruce Winn of Berkshire Environmental Action Team, Scott Laugenour and Sonja Bykofsky. ~
Rob Akroyd stated that he and Karen Hirschberg of MassDEP were at the site recently and he did some field analyses. ~He has been in communication with David Foulis and according to Mr. Akroyd, Mr. Foulis has advised him that he will be drafting what will probably be the equivalent of an Administrative Consent Order which Mr. Foulis said would take a couple of weeks to produce . ~Once Mr. Akroyd hears from Mr. Foulis, the applicant will be deciding the best course of action and then return to the Commission. ~Mr. Akroyd added that the area in question, the wetland changed polygon, is in fact hydric and it appears that transported material had been placed on top of hydric soils. ~He said that is their collective opinion that it is hydric, although nothing officially has been drafted. ~Mr. Akroyd said that Mr. Foulis has
expressed that he would take a non-confrontational approach to resolve the issue in which there would be mitigation, but the appearance of that mitigation has not been resolved. ~~
TF asked Mr. Akroyd if the extent of the alteration had been established and if a resource area boundary had been delineated, to which Mr. Akroyd responded that he has stipulated that it is the equivalent of a polygon drafted that they derived from the National Wetlands Inventory. ~Thus far, the only communication from Mr. Foulis to Mr. Akroyd has been an email stating that it would take him a while to get him his response. ~
Mr. Winn asked if there had been a site visit, to which NC told him that one had been done under a previous RDA and as a result of the positive determination, the applicant filed the NOI.
Mr. Winn opined that the number of continuances for this NOI indicates the filing of it was premature and he feels it would be more efficient to deny this NOI, and have the applicant re-file when they are prepared. ~He and Mr. Laugenour expressed that it is hard for the public to keep up with the continuances. ~NC explained that one who is interested in a project and attends the Commission meetings would be up to date on the proceedings. ~Also, continuances are noted in the minutes and agendas are posted on the official bulletin board in the Town Hall. ~~One could also review the Meetings Calendar on the Town of Lenox website which is posted as a convenience to the public. ~~~
NC explained that when the applicant filed the NOI, the Commission could not know that this would be continued. ~~DEP’s initial response, which indicated there had been a possible violation of the WPA prior to the current owner’s acquisition of this property, has led to the continuations. ~The discovery by DEP was made from aerial views of the property, and Mr. Akroyd said it appears the violation occurred between 1997 and 2000. ~Mr. Speilman acquired the property in February of 2012. ~The DEP is actively involved at this point and when DEP completes their response to the issue, the Commission will then hear the NOI.
Mr. Winn made a point about separating the study of the outcome of the wetland alteration from outcome of the rest of project and TF said that he is sympathetic to that point. ~TF noted that if there is an alteration in the site uphill from alteration replication, the Commission can’t know whether a failure in that replication site occurs because of the project uphill or if the standards were not met for the replication. ~Therefore, the Commission can’t act on the current notice, but is aware there will be project change and a successful replication would have to be established on the site before the Commission could move forward with an Order of Conditions on the rest of the project. ~NC feels the NOI will be amended from what is on the prints now, but would not want to act until hearing from DEP.
VA made a motion to continue the hearing to November 7, 2013. ~RFC seconded the motion and the Commission voted to continue 6-1 with TF opposing.
Rob Hoogs, Informal discussion regarding possible project-36 Pittsfield Rd., Map 17 Parcel 41Brushwood Farm for putting in a sewer line in the buffer zone:
Mr. Hoogs provided a site plan and said the part of the Hashim property is in the northerly section between the stub road on Pittsfield Road and the Lenox Fitness Center. ~A party has expressed an interest in acquiring about 7 acres. ~A delineation was done several years ago which indicated there were no wetlands other than a portion of a ditch. ~The work to connect to the town sewer would be in the outside portion of the buffer zone. ~At the conclusion of the informal presentation, Mr. Hoogs filed an RDA. ~A site visit was scheduled for October 22nd at 3:30 pm.
NOI, Broadway Electrical Co., Inc., Willow Creek Rd., Map 14 Parcels 2 and 3-Installation of a photovoltaic solar array within the buffer zone. ~On Oct. 17th, LEC Environmental Consultants Inc. requested this be continued to November 7th. ~DF made a motion to continue this hearing to November 7th at 8:00 pm. ~DL seconded the motion and the Commission voted to continue to 7-0.
A site visit on October 15th was attended by Sean VanDeusen, Superintendent of the DPW; Selectman Ken Fowler; ~Jeff Vincent, Acting Co-Town Manager; Richard Kirby of LEC Environmental; Dennis Daru Jr. of Broadway Electrical; and Conservation Commissioners VA, JS, TF, and NC.
Certificate of Compliance, Sprague, 385 Undermountain Rd., Map 16 Portion of Lot 16. (DEP File Number 198-0268) NC advised that he went to the site on October 3, 2013 and found the work done under the Order of Conditions was in compliance. ~He supplied pictures to the Commission that he took of the completed project. ~~DL made a motion to issue the C of C and TF seconded the motion. ~The Commission voted to agree 7-0. ~
Request for Determination of Applicability, Macalin Realty Trust, Martha Lane., Map 18 Parcels 46, 47, 51, 52, 57 and 58. ~Reconstruction of a 12 wide, approximately 360 foot long gravel section of Chestnut Lane.
There was a site visit on October 8th attended by Rob Akroyd, NC, TF, VA, JS and DF. ~~
Presenting the request was Rob Akroyd of Greylock Design Associates. ~He explained that the subdivision was created prior to the adoption of the Subdivision Control Regulations. ~There is evidence of a road as indicated by a decomposed bituminous surface that was to extend from Martha to Sullivan Lane. ~Mr. Akroyd said that for a number of years there has been discussion with the Planning Board and neighbors to reach an agreement to reconstruct, and more recently, in addition to the Planning Board, he has spoken to Fire Chief Dan Clifford and the DPW, all of whom have given the “green light” to move forward. ~The proposal is to reconstruct Chestnut to serve 3 lots. ~The surface will be gravel. ~
The Commission reviewed the site plan and based on their observations feel that a Notice of Intent would be in order. ~~~
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TF made a motion to issue a Positive Determination #1 and the recommendation the applicant file an NOI. ~RFC seconded the motion and the Commission voted to agree 7-0. ~
Other business:
~~~~~~~~Carol Newberger, 132 Lime Kiln Rd. Map 27 Parcel 34- NC contacted the Newberger following up on filing an RDA relative to the new steps that had been installed. ~Ms. Newberger said they have hired someone who will be putting in plantings to replicate the area of the steps. ~NC provided a list of the plants proposed and the Commission was satisfied with the choices
~~~~~~~~Conservation Commission FY 15 Budget-In previous years, the amount budgeted has been $3500.00. ~DL said that this amount has covered the cost of mowing only, but otherwise no other maintenance has been performed. ~He feels there is a need to replace a culvert and gravel on the road for going up to the fields. ~TF suggested posting to indicate boundaries as well. ~The Commission agreed to request $5,000.00.
~~~~~~~~Conservation Restriction for the reservoirs at Lenox Mountain-NC advised the Commission that on October 9th he participated in a site visit with the following: Mike Spencer, operator of the water treatment plant; Sean VanDeusen, Superintendent of the DPW; and Doug Bruce of Berkshire Natural Resource Council. ~They walked the operation’s envelope which was staked to show where all of the permanent posts will be. ~~
~~~~~~~~23 Taconic Ave., Map 46 Parcel 22- NC advised that he met with property owner Peggy Allen Billingsley regarding some work that was done in the rear of their home. ~Although insignificant in nature, NC wanted the new owners of this property to understand that all work within wetland areas would require the Conservation Commission to be notified. ~
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Approve Minutes September 19, 2013-JS made a motion to approve the minutes and DF seconded the motion. The Commission voted to approve 6-0-2. RFC abstained as she was not at that meeting and TF abstained as he did not have a chance to read the minutes.
RFC made a motion to adjourn and DF seconded the motion. ~The Commission voted to adjourn 7-0 and the meeting was adjourned at 855.
Respectfully submitted,
Peggy Ammendola
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