Lenox Conservation Commission
May 15, 2014
Minutes
Town Hall
Members present: Chair Neal Carpenter, NC; Vince Ammendola, VA; Tim Flanagan, TF; Joe Strauch, JS; David Lane, DL; Dick Ferren, DF
Absent with notification: Rose Fitzgerald Casey, RFC
Staff present: Peggy Ammendola, PA
Note: There was no meeting on May 1, 2014 as that was the date of the Annual Town Meeting.
Request for Determination of Applicability, Housatonic Railroad Co., Inc. 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. Continued from April 17, 2014. JS, who participated in a site visit, made a motion to issue a Negative III Determination. VA seconded the motion and the Commission voted to agree 4-0-2. DL and DF abstained as they were not at the original meeting. (JS said that an updated map which includes a culvert was to be sent to Land Use. To date this has not been received and on May 16th, PA emailed Brendan Amy of TEC Associates to remind him.)
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. Continued from April 17, 2014. Cody Miller of Stantec Consulting Services. Inc. and Mark Germanowski, Airport Manager, were both present. Mr. Miller stated he had been asked at the previous meeting to determine how many trees would be taken down for this
project. He reported that ten trees over 6 inches in diameter would need to be removed and he provided photos to indicate what was being cleared. TF was pleased that the applicants were minimizing the disturbance. Mr. Germanowski provided information regarding the ongoing maintenance plan to keep the right of way clear with herbicide applications and pruning as necessary. TF made a motion to issue a Negative IV Determination and JS seconded the motion. The Commission voted to agree 4-0-2. DL and DF abstained as they were not at the original meeting.
Request for Determination of Applicability, Milton Rattner, 140 Plunkett St., Map 3 and Parcel 71. The proposed project is the construction of a replacement septic field and replacement of two septic tanks. All work would be outside of the 100’ buffer with the exception of one tank.
Making the presentation was Mark Reynolds of Kelly, Granger, Parsons & Associates. Mr. Reynolds reviewed the plans submitted for replacing the failed system. The replacement will key into the existing soil lines.
On May 1st there was a site visit attended by Mike Parsons and Mr. Reynolds of Kelly, Granger, Parsons & Associates and Commissioners TF, JS, DL, and NC.
TF made a motion to issue a Negative III Determination noting that the Commission would only be approving the wetland lines drawn on the plan. JS seconded the motion and the Commission voted to approve 5-0-1. DL abstained.
Other business:
Site Visits:
May 20, 2014
8:30 am- Kennedy Park-Gazebo and Brunell Ave. Pumping station May 20th.
Robert and Jacqueline Spielman, 56 Dugway Road, Map 17, Lot 52/53. NC advised that the Commission had received on May 9, 2014 an email from Rob Akroyd of Greylock Design Associates withdrawing the RDA which was submitted in March 2014 and an email from David Foulis of DEP acknowledging Mr. Akroyd’s withdrawal of the RDA. On May 9, 2014, the following email was sent by Rob Akroyd to Land Use and cc’d to David Foulis:
“I am attaching a letter withdrawing our RDA submitted in March and heard by the Board on April 17th.~ I will also send this same document via certified mail to you as well.”
For clarification sought by some Commissioners, NC reviewed the process from the receipt of the RDA to the withdrawal and is as follows:
A Request for Determination of Applicability to re-route the existing driveway had been received by the Commission on March 14, 2014, and at the meeting on April 3rd the Commissioners noted that it appeared there wasn’t enough information provided on a possible violation which had been previously noted by DEP. NC advised Rob Akroyd, Principal of Greylock Design Associates, who represents the Spielmans, of the perceived deficiency and Mr. Akroyd merely stated 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. Mr. Akroyd was advised this matter was on the agenda for April 17th.
At the April 17th 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. The Commission voted unanimously 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.”
It should be noted that on March 11, 2014, Land Use received an email addressed to Mr. and Mrs. Spielman from DEP, Robert McCollum, Wetlands Program Chief. The letter was in regard to the “Violation of the Massachusetts Wetlands Protection Act”, and included the Administrative Consent Order, ACO-WE-14-6W002. This was also sent to Mr. Akroyd. Due to an oversight, Land Use failed to forward to the Commissioners. When David B. Foulis, Environmental Analyst with DEP became aware that the Commissioners had not been notified, he resent the Administrative Consent Order and Restoration Plan Form on May 7, 2014 to each of the Commissioners.
On May 9, 2014, the following email was sent by Rob Akroyd to Land Use and cc’d to David Foulis:
“I am attaching a letter withdrawing our RDA submitted in March and heard by the Board on April 17th.~ I will also send this same document via certified mail to you as well.”
Also on May 9th, all of the Commissioners were sent the following email from David Foulis which was addressed to Rob Akroyd:
“The Massachusetts Department of Environmental Protection (MassDEP) is in receipt of your withdrawal of the Request for Determination of Applicability (“RDA”, WPA Form 1) for 56 East Dugway Road in the Town of Lenox, Berkshire County, Massachusetts.~ This withdrawal renders both the Determination of Applicability (“DOA”, WPA Form 2) issued by the Lenox Conservation Commission on April 18, 2014 and your clients’ appeal of the DOA received by MassDEP on April 28, 2014, null and void.~ Your clients may file again at any time at their sole discretion.
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The Administrative Consent Order, ACO-WE-14-6W002, issued by MassDEP on March 11, 2014 for Noncompliance with the Massachusetts Wetlands Protection Act at 56 East Dugway Road, Lenox (copy attached), remains in full force and affect, and the requirements within this Order shall be carried out in accordance with the specific conditions therein.
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Among these conditions is the requirement to copy the Lenox Conservation Commission with all documents, plans, and photographs submitted to MassDEP, per Subpart I of Paragraph 10, Section III of the Order.~ Please insure that this happens.
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Please also note the rapidly approaching deadline at Subpart B of Paragraph 10, Section III and insure that submittals to MassDEP occur in compliance with this deadline.”
Approve minutes- April 17, 2014 TF made a motion to approve the minutes and JS seconded the motion. The Commission voted to approve 4-0-2. DL and DF abstained as they were not present at that meeting.
SV Pumping station May 20th, 9 am;
VA made a motion to adjourn and DL seconded the motion. The Commission voted to agree 6-0 and the meeting was adjourned at 8:30 pm.
Respectfully submitted,
Peggy Ammendola
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