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Lenox Conservation Commission
December 19, 2013
Minutes
Town Hall
Members present: Chair Neal Carpenter, NC; Vince Ammendola, VA; Tim Flanagan, TF; Joe Strauch, JS; Rose Fitzgerald Casey, RFC; David Lane, DL
Members absent with notification: Dick Ferren, DF
Staff present: Peggy Ammendola, PA
Also present was Bruce Winn.
Rob Hoogs, Foresight Land Services, informal presentation for Courtyard at Marriott project at Brushwood Farm, 36 Pittsfield Road Map 17, Parcel 41.
Marc LeVasseur of Foresight was also present.
Mr. Hoogs stated that the proposed project would be built on almost 7 acres of a 75 acre parcel owned by June Hashim. There are no wetlands or buffer zones on this project, but he is making this presentation at the request of the Commission to show the storm drainage on the project. He provided a summary of the storm drainage detail which is a part of the Special Permit application to the ZBA and presented a quick overview of the project. Mr. Hoogs said that the only wetland in the vicinity was reviewed six to seven years ago under an ANRAD (Abbreviated Notice of Resource Area Delineation) on the entire Hashim parcel and the Commission issued an Order of Resource Area Delineation with the determination “Accurate”. This, he said, is still in effect. Recently the Commission reviewed
a Request for Determination for this smaller portion for the construction of a sewer service line through the outer portion of the buffer zone and issued a Negative III Determination.
A site plan of the proposed hotel, extension of the service road, parking lot area and concept for stormwater management was reviewed. The area for the structure and parking would be leveled with an embankment behind the structure. Mr. Hoogs described the creation of two watersheds and the location of the state highway drainage system.
Mr. Hoogs said that the crest of the hill on the 7 acres would fall under the jurisdiction of the Scenic Mountain Act, but not the location or the work area of the proposed hotel. The slope is less than 15 percent. The parking lot will be screened from the highway as well as the lower portions of the structure.
Plants have been surveyed and a rare species is suspected to grow in two locations on the site. It is not the nature of this particular plant to grow at the time of the survey, but there was a high concentration of another plant which is analogous to it growing in one location and found in another, so it is believed to be likely the rare species plant would grow in these areas as well. Mr. Hoogs pointed out they would not be altering those plant locations. Natural Heritage (NHESPA) has reviewed the information and is comfortable with the project. Mr. Hoogs
expects Natural Heritage will sign off on the MESA request as a “no take”.
With regards to stormwater, the plan is to mitigate it all on site with underground infiltration and a storm basin which runs along the entire 500 foot width at the site with no pipe leading into the state highway system.
Mr. LeVasseur discussed in detail the specifics about stormwater management and in particular the treatment chains and hydrology. Plans of the existing drainage conditions and the proposed drainage analysis were presented and reviewed. He stated there would be no net increase in the rate of runoff and they meet the requirements of Section 5.4 of the Zoning Bylaw.
Mr. Hoogs said that during construction latent water will not flow and go into the state system. At the end of construction days, hay bales will be installed in echelon fashion across the road.
The water pressure in the area is poor; therefore any new development is required to put in fire pumps. There will be a town owned main, and a private line will be put in for sprinkler and fire lines with 30,000 gallon underground storage. Mr. Hoogs stated that Fire Chief Clifford has reviewed and approved of the project.
In the packet submitted to the Commissioners there is a tabular summary of drainage calculations. This design is reducing runoff in all storms from a low of 16 to 49 percent. This is dramatically higher than usual, but because of the state’s system, their permitting system requires they absolutely retain as much drainage as possible on site.
Mr. Hoogs said they may want to add some more trees at the highway as those planted by the state in the 90’s when the highway was widened are not flourishing, This is a buffer zone, but the Wetlands Protection Act allows exemption for planting native trees
Snow storage at the parking lot was discussed.
NOI, Broadway Electrical Co., Inc., Willow Creek Rd., Map 14 Parcels 2 and 3-Installation of a photovoltaic solar array within the buffer zone. Originally scheduled for October 17, 2013, but applicant requested to continue to Nov. 7th. At that hearing, the Commission agreed to continue to Nov. 21st for additional information. On November 19th, applicants requested this to be continued to December 5, 2013. At the December 5th hearing, the Commission continued the hearing to June 5, 2014 for the applicant to provide additional information; to address the concerns of the applicability of the Closure Order; and the delineation of the wetlands to be accomplished during the growing season. The applicant asked the Commission to allow them the opportunity to have the
hearing continued to December 19, 2014 to present further information should it become available. On December 17th the Commission received the following email from Rich Kirby of LEC:
On behalf of Broadway Electrical Co., Inc., LEC is requesting that the Lenox Conservation Commission continue the hearing scheduled for this Thursday, December 19, 2013 to the Commission’s second hearing in January, 2014 (January 16th?).~ Since our last Public Hearing on December 5, 2013, Broadway has realized that the project, as proposed, will not proceed under the SREC 2013 process.~ However, the potential remains for the project to proceed under the SREC 2014 process.~ Broadway is also seriously considering the potential for expanding the footprint of proposed landfill capping and solar array per our discussions at the December 5, 2013 Public Hearing.~ We would like the opportunity to continue this discussion with the Commission as part of the NOI Public Hearing process as further developments arise,
and therefore seek to keep the Public Hearing process open and flexible through the winter and early spring months of 2014.~
NC said that if the Commissioners agree to continue as LEC requested, he would like for each member to make a list of suggestions to give to the applicant at the next meeting so there is a clear understanding of what the Commissioners must have for the process to move smoother than it has up to this point. NC has spoken to Mark Stinson of MA DEP who suggested the Commission continue this NOI throughout the winter once a month in the event there is new information. The applicant should make that request each month. Mr. Stinson also said that ACEC is not an issue as capping is a limited project. TF said it is eligible, but it is not included in the NOI and must be.
RFC made a motion to continue the hearing to January 16, 2014 at 7:30 pm. JS seconded the motion and the Commission voted to agree 6-0.
Notice of Intent, Mitch Greenwald, Trustee for property located at Martha Lane, Map 18 Parcels 46,47,51,52,57 and 58. The proposed project is the alteration of an on-site wetland buffer zone to allow for the construction of a gravel road, utilities, swale, driveways, septic and 2 single family houses. Continued from November 7th. On December 5, 2013, letter from Rob Akroyd was received by the Commission, requesting the Commission permit the withdrawal of the NOI without prejudice. This item was continued to tonight’s meeting. DL made a motion to permit the applicant to withdraw without prejudice and VA seconded the motion. The Commission voted to agree 6-0.
Approve Minutes: December 5, 2013 RFC made a motion to approve the minutes with edits. DL seconded the motion and the Commission voted to approve 6-0.
Other Business:
- At the December 5th Conservation Commission meeting the Commission agreed to issue an Order of Conditions to Broadway Electrical Co., Inc. 239 Crystal St., Map 8 Parcel 100 provided MA DEP approved. At that time the DEP had not issued a file number, but since then one has been assigned. As there were no comments from DEP, the Commissioners signed the Order of Conditions tonight with the special condition that the Commission be notified before any digging commences to check siltation devices. The Order of Conditions was mailed certified to Jonathan
Wienslaw of Broadway Electric on December 20th and via regular mail to MA DEP.
- Request for Determination of Applicability, Carolyn & Eli Newberger, 132 Lime Kiln Rd., Map 27 Parcel 34-A copy of the RDA and MESA Project Review Checklist was presented to the Commission with a request that it be looked over for completeness. The Commission reviewed and believes the documents are complete and they are satisfied with the planting proposal.
- Bruce Winn gave a copy of a letter he had submitted to the editor of the Berkshire Eagle in which he addressed the Commission’s review of the Broadway Electrical Co. NOI for Willow Creek. He wanted the public to know that the Lenox Conservation Commission never said anything negative about the project, and that the Commission had repeatedly asked for information necessary to make a decision and the information had not be provided. Mr. Winn stated the letter had not been printed, but he wanted the Commission to have a copy. (The letter ran in the December 20th edition of the Berkshire Eagle.)
- Bruce Winn wondered if anything else has come through regarding the Speilman property at 56 East Dugway Dr., Map 17 Parcel 52/53. NC advised there hasn’t been any further information, but that PA had contacted David Foulis of DEP who has assured us that we will be kept in the “loop” should anything develop.
RFC made a motion to adjourn and DL seconded the motion. The Commission voted to adjourn 6-0.
Respectfully Submitted,
Peggy Ammendola
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