Lenox Conservation Commission
April 17, 2014
Minutes
Landuse Meeting Room
Members present: Chair Neal Carpenter, NC; Vince Ammendola, VA; Tim Flanagan, TF; Joe Strauch, JS
Absent with notification: Dave Lane, Dl; Dick Ferren, DF; Rose Fitzgerald Casey, RFC
Staff present: Peggy Ammendola, PA
Request for Determination of Applicability, Robert and Jacqueline Spielman, 56 East Dugway Road, Map 17, Lot 52/53. The project is re-routing the existing driveway and the work is located outside the 100’ Buffer Zone of a BVW.
This application was received on March 14, 2014 and at the Commission’s meeting on April 3rd, the Commission reviewed the plans submitted to determine if a site visit was necessary and noticed that it appeared that there wasn’t enough information provided on a possible violation noted by DEP. Rob Akroyd, Principal of Greylock Design Associates, who represents the Spielmans, was subsequently informed by NC. Mr. Akroyd’s only response to NC was that David Foulis had no objection to re-routing the existing driveway. NC advised Mr. Akroyd that the commissioners had not been notified that the violation had been rectified.
At tonight’s meeting, the Commission was told that a letter from Mr. Akroyd, dated April 15, 2014, had been received in which Mr. Akroyd stated he would not be present at tonight’s meeting. He acknowledged in his letter that the Commission was familiar with the site and he felt the Commission had a solid understanding of the applicant’s proposal with respect to mitigation. Mr. Akroyd stated in this letter that he felt his attendance “would do little to provide more information or sway the board’s opinion or position”. Mr. Akroyd requested that the Commission proceed and not delay or continue the meeting.
Discussion ensued and VA made a motion to issue a Positive Determination 2b, and to include the explanation “The Commission is aware of wetland resource areas on the site and an investigation of potential violations. A wetland delineation, Notice of Intent, and Order of Conditions will be required before any work can proceed.” TF seconded the motion and the Commission voted to agree 4-0.
Request for Determination of Applicability, Housatonic Railroad Co., Inc. (HRRC) for property located at railway right-of-way along Housatonic River. The proposed project is for spraying herbicide in the buffer zone along Housatonic Railroad’s right-of-way adjacent to the Housatonic River. On April 1st Brendan Amy asked to move the meeting to April 17th, as he will be in town for an April 17th Pittsfield CC meeting and he is coming from Maine.
Mr. Amy of TEC Associates of Portland Maine, who represents Housatonic Railroad Company, Inc., made the presentation. He explained that in 2005 the Commission approved a delineation of wetlands along the railroad’s right-of-way which allowed HRRC to conduct vegetation management activities. This was in accordance with the Commonwealth’s regulations, which permitted the activities up to December 2010. The railroad is now in the process of obtaining a Limited Application Waiver (LAW) from the Department of Agricultural Resources in accordance with the Wetlands Protection Act which allows a onetime only application of herbicide to manage its right-of-way through Lenox. Mr. Amy said that this RDA would only apply for the year of 2014, as any further applications under the LAW would then
require another approval of the wetlands delineation by the Conservation Commission in addition to the Commonwealth’s approval.
Mr. Amy provided a map which denoted the railroad tracks and the three Spray Zones and described the controlled process. He also presented photos to show the conditions in which he said warrants a project of this nature. He added that vegetation causes misalignments, derailments and is a fire safety hazard.
TF stated that he was comfortable with the spray application methods, but feels there is a need for a field check of the boundaries as it has been nine years since the last approval. He also asked that the tracks be marked in advance of a site visit. Mr. Amy said the delineation markers were already in place and explained that there is limited capacity for transporting individuals for a site visit, but he could accommodate one Commissioner. TF or JS agreed to be available to conduct the site visit and provided Mr. Amy with contact numbers. Mr. Amy said that he would set up a site visit within the next few weeks. Spraying is being proposed for June.
TF made a motion to continue the meeting to May 15, 2014 pending wetland boundary verification. VA seconded the motion and the Commission voted to agree 4-0.
Additional information provided to the Commission was a letter dated March 28, 2014 from TEC Associates and Yearly Operational Plan 2014 for the HRRC.
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, agreed to continue to Nov. 21st for additional information. On November 19th, applicants requested this to be continued to December 5, 2013. Continued to June 5, 2014, but applicant requested the opportunity to continue to December 19, 2013 to have the opportunity to provide dialogue in the event there is more information forthcoming. On December 17th applicants requested to continue to Jan. 16, 2014 and asked to keep the public hearing process open through the winter and early spring months of 2014 to continue
discussion as further developments arise. Continued from January 16, 2014. Advised on Feb. 18th that Broadway wishes to continue to March 20, 2014.. On March 20th, NC advised the Commission that Jeff Vincent, Co-Town Manager, has asked that this matter be continued again to April 17, 2014.
The Commission received a letter dated March 25th from Barbara Hurwitz Farrer of Broadway Electrical Co., Inc, which stated that due to the restructuring of their business, they wanted the Commission to take the following actions:
- Landfill, DEP # 198-0274: Withdraw without prejudice the Notice of Intent.
- Wastewater Treatment Plant, DEP # 198-0276: Certificate of Compliance. (No work has been done.)
Landfill-JS made a motion to permit the applicant to withdraw without prejudice. VA seconded the motion and the Commission voted to agree 4-0.
Wastewater Treatment Plant-VA made a motion to issue a Certificate of Compliance which would state: “It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. No future work subject to the regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. TF seconded the motion and the Commission voted to agree 4-0.
The next two RDAs related to the Scenic Mountain Act were filed by Pittsfield Municipal Airport. Present were Cody Miller and Randy Christiansen of Stantec Consulting Services. Inc. and Mark Germanowski, Airport Manager.
Presenting both applications was Mr. Miller who said that for both RDAs, the airport holds easements to access and maintain the beacons. For both sites, the elevation is above 1400 feet.
Request for Determination of Applicability-Scenic Mountain Act, Pittsfield Municipal Airport, Pittsfield Rd., Map 31 Parcel 1. The project is for topping of three to six trees to enable visibility of existing beacon.
Mr. Miller said that safety regulations require mountain top obstructions to be lit with beacons. There is not a utility pole at this location, referred to as Mahanna Cobble, but there is a beacon on top of an existing cell tower located at Bousquet. The FAA has agreed that rather than to require the airport to install a new pole and services at Mahanna Cobble for a beacon, it would be acceptable to top three to six trees at the Cobble provided an elevation 10 feet below the existing beacon is kept clear of vegetation. This topping would provide the required visibility of the existing beacon on the cell tower.
There is evidence of there having been a beacon at the Cobble, based on archive drawings from 1950 and an existing grounding rod. Utilizing the existing cell tower would have less of an impact on the watershed. To install a new pole at the Cobble would require heavy construction. The trees, all deciduous, would be professionally pruned by climbers who would be using chainsaws. No heavy equipment would be used.
TF said that both RDAs clearly fall under the SMA, but it doesn’t seem to him that the work proposed for this RDA is a significant alteration.
Discussion ensued regarding finding a balance for maintaining this height of 10 feet below the beacon without having to come back before the Commission when only a few trees would be involved. Agreement was reached on conditioning a Negative Determination.
TF made a motion to issue a Negative II Determination with the following conditions” “Cutting as designated and described in RDA is allowed. Ongoing maintenance shall be permitted for a period of 10 years following this Determination of Applicability. Maintenance activities include cutting of tree tops that may grow above the beacon height down to a level not lower than 10 feet below the beacon height. Said cutting is limited to the work area designated on the plan. Maintenance activities shall be reported to the LCC on an annual basis.” JS seconded the motion and the Commission voted to agree 4-0.
Request for Determination of Applicability-Scenic Mountain Act, Pittsfield Municipal Airport, West Mountain Rd., Map 27 Parcel 24. The project is the re-clearing of an existing easement and the replacement of the existing beacon and beacon pole which have fallen into disrepair.
Mr. Miller stated that the airport holds an easement which starts in Richmond and crosses into Lenox. In Lenox, this site is referred to as Yokun Seat and the length of the easement is 1267 feet. The proposal is to use this easement to repair the utility system to make operational by replacing the beacon, all utility poles and overhead wires. The ground work will be for removing the wooden utility poles and replacing them with new poles meeting current standards and removing and replacing the existing 60 foot wooden beacon pole with a hollow metal pole, with a change in elevation of 1-2 feet, plus or minus, depending on the height of the footing that could be 3.5 to 5 feet thick and 8 feet square. A 25 foot radius would be cleared around the beacon pole.
The easement is partially clear but overgrown and will need to be cleared to a width of 20 feet. This will require tree removal and pruning of trees along the length of the easement. Foresight Land Services has marked the easement. The applicants did not know the number of the trees that would be cleared within this border="0" /> |
