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Conservation Commission Minutes, 02/06/2014
Lenox Conservation Commission
February 6, 2014
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; Dick Ferren, DF

Staff present: Peggy Ammendola, PA

Request for Determination of Applicability, Carolyn & Eli Newberger, 132 Lime Kiln Rd., Map 27 Parcel 34, replacement of a failed stairway in the river front area.

Josh Allentuck presented the application.  The Newbergers had replaced the stairway (which was in disrepair) without first seeking approval of the Conservation Commission.  An anonymous caller reported to the DEP that work was being done and the DEP notified the Commission.  The Commission investigated and determined that the Newbergers had to file an RDA as well as seek permission from MESA and Natural Heritage.  The Newbergers complied and all departments have reviewed and have reported no issues.  

Hand pulling will be implemented to remove invasive species using hand tools, i.e., shovels, picks, etc.  New plantings will be installed.

TF asked that Mr. Allentuck advise the Newbergers that before doing any other work on the property to first confer with the CC.  Mr. Allentuck said that they were interested in doing some tree clearing in the area of the secondary cabin.  The Commission suggested that Mr. Allentuck mark the trees in question and then have the CC inspect before anything is done.   

DL made a motion to issue a Negative II Determination and VA seconded the motion.  The Commission voted to agree 6-0.  

Dick Ferren arrived after the vote.

Notice of Intent, Bernd Schoner, Map 1 Lot 36, 12 Sargent Brook Rd.  The proposed project is the replacement of the existing house with a new structure, foundation and a small addition and installation of a 4' X 20' dock.  

Present were Mark Volk of Foresight Land Services; Scott Henderson, architect with Clark and Green Associates; Bernd Schoner and Mary Farbood.

Mr. Volk presented the existing house plan and described the proposed construction.  The home is served by a tight tank septic system which will be used for the new home as well. A new foundation will replace the existing piers.  Footings and a wall will be installed and a slab will be poured inside the foundation.  The level will be higher than the original due to the moist conditions.  Mr. Volk said there would be minimal excavation.  

The proposed dock was described as to the materials, height above the water and spacing of the material on the surface of the dock for light penetration.  Mr. Volk said that the dock would conform to Chapter 91 guidelines.

NC suggested that there be two special conditions, one would be that nothing could be done with the dock until the Commission has dock permit from DEP and copy in hand and the other is that Mr. Volk contact the Commission when the siltation devices are in place.  The Commission will inspect the devices and approve before any work can commence.

JS made a motion to issue an Order of Conditions with the two special conditions.  RFC seconded the motion and the Commission voted to approve 7-0.

The applicant will be filing for a Special Permit and asked that the Commission communicate to the ZBA that the project has been reviewed and an Order of Conditions has been issued.

Approve minutes-January 16, 2014-RFC made a motion to approve the minutes as amended and JS seconded the motion.  The Commission voted to agree 7-0.  

Other business:
Rich Moche, 57 Bramble Lane, Map 1 Parcel 43-Follow up on their request for tree work.  The trees were marked and TF, VA, JS and NC were consulted.   NC went to the site and approved.  
Bernd Schoner, Map 1 Lot 36, 12 Sargent Brook Rd-There was a site visit on January 23, 2014 attended by Mark Volk, VA, TF, and NC.   
Mark Stinson, Circuit Rider with MassDEP, will attend the meeting of February 20th to discuss procedure regarding stream crossings.
Expected RDA filings:
  • Cranwell “stump dump”
  • 83 Sherwood, emergency septic system
RFC made a motion to adjourn and TF seconded the motion.  The Commission voted to agree and the meeting was adjourned at 8:20 pm.  

Respectfully submitted,
Peggy Ammendola