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Conservation Commission Minutes, 10/02/2014
Lenox Conservation Commission
Landuse Meeting Room
October 2, 2014
Minutes
Town Hall

Members present: Chair Neal Carpenter, (NC); Vince Ammendola, (VA); Tim Flanagan, (TF); Joe Strauch, (JS); Rose Fitzgerald Casey, (RFC); Dick Ferren, (DF), David Lane, (DL)

Staff present: Peggy Ammendola, (PA)

Also present was Adam Sperlonga.  He is a Berkshire Community College student of Dick Ferren’s.

Kathryn Kearns, 58 Galway Ct., Map 8 Parcel 44, RDA, removal of trees plus increase size of existing deck.

Mike Kulig of Berkshire Engineering presented the updated plan.  

Site Visit:  Participants on September 26, 2014 were: Mike Kulig and the following Commissioners: NC, TF, VA, JS and DF.

At the site visit, the Commission didn’t approve of the removal of all of the trees that was indicated on the original request drawing.  Mr. Kulig presented to the Commission at tonight’s meeting a revised plan to reflect what was agreed upon.  TF made a motion to issue a Negative III Determination.  RFC seconded the motion and the Commission voted to approve 7-0.

NC advised that he spoke to Sean VanDeusen of the Lenox DPW about the Commission’s concerns about stormwater flow to the intermittent stream.   The pipes from under the sewer easement were causing erosion.  Mr. VanDeusen said that the DPW will put in two 22 degree elbow pipes to direct storm water into the original stream bed.   

Nick Disantis, Melville Court, Map 8 Parcel 76, Certificates of Compliance

Site Visit:  Participants were Nick Disantis and the following Commissioners: TF, VA, JS, DL, DF and NC.  

DL made a motion to approve the two Certificates of Compliance.  JS seconded the motion and the Commission voted to agree 7-0.

Mark Levasseur, Foresight Land Services, to discuss the RDA project (March 6, 2014) 55 Lee Rd., Map 3 Parcel 55-

On October 1, 2014, the Commission received a letter from Mr. Levasseur via email requesting a small revision in the Determination of Applicability rather than to have to file a new RDA.  He acknowledged that there were more wood chips than had been anticipated, but felt that they provided a stable erosion resistant surface and would not impact nearby wetlands.

Both NC and TF, on separate occasions went to the site and neither felt that the provisions of the Determination of Applicability had been met.  TF said that in some areas he measured a spot where the depth of the chips was two feet.  He feels that until there is good plant growth, it would be vulnerable to erosion, and this would go toward the intermittent stream.   He fears that it will be channeled underneath the chips.

Discussion ensued.  Mr. Levasseur said that the wood was shredded and unlike chips, it mats.  He agreed it could be leveled to be a uniformed depth of six inches.      

It was agreed to replace the silt fence down at bottom which is in disrepair, the area will be re-graded to make more even distribution of chips to a uniform depth of six inches, move the chips back six feet from the silt fence, and seed the swath at the bottom.   NC asked Mr. Levasseur to call when this is done so that he can assess.  The Commission will look at this area again after the spring and into the summer.

Other business:

Lenox Bylaw DRAFT (revised Sept 11, 2014) Lenox Large-Scale Ground-Mounted Solar Photovoltaic Installations Bylaw- The Planning Board provided copies of this document to the Commissioners and has asked them to review.  The Board is requesting comments from the Commission and other town boards/committees etc., by October 17, 2014.

Ethan Berg, 107 Yokun Avenue, Map 12 Parcel 2-1.  Mike Kulig of Berkshire Engineering
returned to discuss possible solutions to the erosion problems caused by a detention pond failure (See minutes of the September 18, 2014 meeting.)   On September 26th, there was a site visit attended by Mr. Kulig, Mike Mugridge, and the following Commissioners:  TF, VA, DF, DL, and JS.  Several suggestions were made by Mr. Kulig and the Commissioners.  After lengthy discussion it was decided that Mr. Kulig would take these suggestion to formulate a plan for remedial action and present to the board for their approval.  This will be on the October 16th agenda at 7:30 pm.  

NOI, HG October Mountain Estate, LLC, aka Eastover Hotel and Resort, 430 East St., Map 18 Parcel 85.  The Order of Conditions for a sustainable wastewater treatment system and related work was approved on August 21, 2014, but conditioned that changes would be submitted.  On September 23, 2014, revised plan with changes received and placed in file.  

Approve minutes-September 18, 2014:  TF made a motion to approve the minutes as written.  RFC seconded the motion and the Commission voted 5-0-2.  DF and DL abstained as they were not at that meeting.  

RFC made a motion to adjourn and DL seconded the motion.  The Commission voted to agree
7-0 and the meeting was adjourned at 8:39 pm.

Respectfully submitted,
Peggy Ammendola