Lenox Conservation Commission
Landuse Meeting Room
September 18, 2014
Minutes
Town Hall
Members present: Chair Neal Carpenter, (NC); Vince Ammendola, (VA); Tim Flanagan, (TF); Joe Strauch, (JS); Rose Fitzgerald Casey, (RFC)
Absent with notification: David Lane, (DL); Dick Ferren, (DF)
Staff present: Peggy Ammendola, (PA)
NOI, HG October Mountain Estate, LLC, aka Eastover Hotel and Resort, 430 East St., Map 18 Parcel 85. The proposed project is sustainable wastewater treatment system and related work. The Order of Conditions was approved on August 21, 2014, but conditioned that changes would be submitted.
Mark Levasseur of Foresight Land Services briefly reviewed the project and presented new plans reflecting the new delineation. He also said that Natural Heritage has reviewed and declared that this project is a “no take”. TF questioned Mr. Levasseur about the construction area and what were the plans for disposal of the clippings, saying that if there is too much growth, it may require biomass removal. Mr. Levasseur said that he had spoken to the company who has designed the system and who have said that the plan is never to have to remove the matter, but if that changes, Mr. Levasseur will come up with a disposal plan and contact the Conservation Commission for its approval.
TF made a motion to approve as amended and revised. VA seconded the motion and the Commissioners voted to approve 5-0.
The plans presented were not stamped or signed, so Mr. Levasseur will have that corrected and drop off at a later date.
Lenox Valley WTF, LLC, 64-68 Willow Creek Rd, Map 9 Parcels 7 & 8 Amendment to the Order of Conditions, DEP File number 198-0244
Tom Garrity of Lenox Valley WTF was present.
Presenting the amendment was Matt Puntin of SK Design Group. He reviewed the plan and the revisions that the Commission requested on the site visit.
TF noted that the revised plan does not have the detail regarding the fore bay, but had been on the original plan. Mr. Puntin said he would make that correction. VA noted that the new plan was marked “Not for construction” and that should be removed.
VA made a motion to approve the Order of Conditions with special conditions as follows:
More detail on four bay sediment bays; remove “not for construction” note; and require revised plans by September 22, 2014. JS seconded the motion and the Commission voted to approve 5-0.
Other business:
NOI, Town of Lenox Department of Public Works, Root Water Treatment Plant, 471 Reservoir Road, Map 15 Parcel 2. This was approved at the September 4th meeting, but with the condition that that the table be updated with the revision to the square footage of the impact area and that a suitable design for containment structure beneath the diesel pad be submitted for the approval of the Commission. On September 10th, Land Use received an email from Sean VanDeusen of the DPW which included the new tank plans. This email was forwarded to the Commissioners. Tonight NC confirmed that the Commissioners have received the forwarded email and those present agreed that they were pleased with the plans. NC will notify Mr. VanDeusen.
Ethan Berg, 107 Yokun Avenue, Map 12 Parcel 2-1. Mike Kulig of Berkshire Engineering updated the Commission regarding the matter of a detention basin failure on this property, formerly known as the Krofta property. (See minutes of June 20th and July 18th 2013.)
Also present was Michael Mugridge, an agricultural consultant.
From the June 20, 2013 minutes, it was noted that the former owner of this property, Milos Krofta, was given permission to create a basin. Because of deep slopes and erosive soil the wash out has progressed over the course of time leaving a couple of deep cuts. Mr. Kulig has mapped the area and said that he has visited the site several times to determine the best way to remedy the situation. He described what he felt was the best way to restore the deep cut areas to a grade consistent with what would have been at one point by using rock and fabric which would prevent this from happening again. Mr. Kulig estimates that the volume of material needed would be 500 yards.
Mr. Mugridge provided input and suggestion to reforestation. He said that in order to get equipment and material down to the area of work, a portion of a forested area must be removed. The plan is to reforest both the areas along the cut and the areas that will be disturbed to create access. Mr. Mugridge said that Mr. Berg has been responsive and looks at this as a great opportunity to bring this area back.
Mr. Kulig asked the Commissioners about the removal of sediment at the base of the slope. He wanted their opinion on as to whether it should all be removed, some removed or to leave it as is. He felt that taking all of it out would not be productive, and NC said he would be in favor of less disturbance.
TF, commenting that he is not familiar with the elevations and how they have changed over the years, said he is concerned with flood plain displacement. Mr. Kulig acknowledged that he doesn’t know if this area is in the flood plain, but will check.
NC asked if there was a way to design this project so that a washout would not recur. Mr. Kulig said that this property isn’t the only one with this particular situation, but that the design will be to get the stormwater to the bottom of the slope without erosion. He feels that the basin area can be stabilized and no longer be a source of runoff and subsequent erosion. He said that his plan would be to start with the basin, and work the way down. If there is a storm what is fixed will remain fixed. It is expected that this project would take 6-8 weeks to complete.
Mr. Kulig said that there would be a significant amount of cutting. They would open up an access route and maintain it in a stable fashion as they want to get in and out quick. An off road dump truck will be needed to carry in the materials.
TF stated that the whole site has become jurisdictional because of sediment cutting into the wetland and that the Commission cannot know what other parts will become jurisdictional. The Commission will have to determine what performance standards to apply and whether or not there is flood plain.
When asked what the intended use for the open land is, Mr. Mugridge said there are no plans for a change of use, that it would continue to be brush hogged as a rough meadow.
Mr. Kulig said that the bottom of the basin will be filled with all impervious matter, toe in the fabric to keep the water from eating the bottom out, and then a stable ballast of rock on top. Mr. Mugridge said that the channel would not be planted.
It was agreed that there will be a site visit on September 26, 2014 at 1:00 pm. Mr. Kulig will arrange to have a hole dug into the sediment so the Commission can assess and determine the course of action.
Site visits scheduled:
September 26, 2014, at 1:00 pm, meet at Ethan Berg’s property at 107 Yokun Ave. Following that, proceed to the residence of Kathryn Kearns, 58 Galway Court, Map 8 Parcel 44, and finally to Nick Disantis’ property at Melville Court, Map 8-76. An RDA has been filed by Ms. Kearns. Mr. Disantis is requesting Certificates of Compliance on the property on Melville Court. Both are on the agenda for October 2nd.
Approve minutes- September 4, 2014- RFC made a motion to approve the minutes and TF seconded the motion. The Commission voted to approve 5-0.
RFC made a motion to adjourn. JS seconded the motion and the Commission voted to agree 5-0. The meeting was adjourned at 8:39.
Respectfully submitted,
Peggy Ammendola
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