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Conservation Commission Minutes, 10/16/2014
Lenox Conservation Commission
Landuse Meeting Room
October 16, 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 Blaise Silipa, a student from Berkshire Community College.  

Ethan Berg, 107 Yokun Avenue, Map 12 Parcel 2-1.  Follow up of informal discussion of October 2, 2014 whereby Mike Kulig of Berkshire Engineering and the Commissioners looked at formulating a plan for remedial action regarding a detention pond failure.  

NC has spoken with Mike Kulig, who has advised that he is still working on a plan and has requested that this matter be placed on the agenda for November 6th at 7:30.  

Town of Lenox, Kennedy Park, property located at West Dugway Rd., Map 22 Parcel 21, amendment to the Order of Conditions, DEP File number 198-211. The project is a continuance of the previously approved Order of Conditions.

Present were the following:  Town Manager Chris Ketchen, State Representative Smitty Pignatelli and Darrin Harris of Hill-Engineers, Architects, Planners, Inc.  This was extended in August 2009 to August 2011 and with the Permit Extension Act it has been extended to August 2015.

Mr. Harris reviewed the improvements which have been made on his project over the years and discussed other improvements proposed as funds allow. Thus far there have been improvements to the cold spring pool, trails, vista improvements, and the dam has been repaired.   The first of a two part project is to drain the pond, remove the fish that are a threat to the amphibian eggs, remove invasive plant species from in and around the pond, and dredge and remove the sediment from the site.  The second part is to remove an old iron pipe that goes from the pool to the pond which is deteriorated and replace it possibly with a high density polyethylene pipe and run it down to the pond.  This will be used as a maintenance back-up source to add cold water if necessary. This will mimic the history of providing water from the pond to the mansion.  Hill will be partnering with Berkshire Community College who will oversee and use as a learning tool and help to restore the amphibian population.  

DL asked about the success of the repair that has been done to the breached dam.  Mr. Harris responded that essentially the pond was gone, but it is holding now and the spillway is working.  Invasive plant species are problematic.  

Mr. Harris believes that with the Commission’s approval of the amendment the dredging could be started and completed in a couple of weeks and meet NHESP’s requirement for the refill in January.  Rep. Pignatelli believes that the second portion of the project could be done in the spring.  NC asked that it be kept in mind that if an extension is necessary to complete the project to remember to request as this Order will expire next August.    

TF said that it is believed that four species of fish that are in the pond are bait fish.  Recently white catfish were found in the pond, with the largest being 4-5 inches in length.  Such fish are dangerous for amphibians.  He added that there is about 3 feet of organic muck which is to be removed to the mineral substrate.

NC asked Mr. Harris to let the Commission know when the silt fence is installed.  

DF made a motion to approve the requested amendment with the two conditions required by NHESP.

a. All work to restore Baker Pond must be completed prior to January 1, 2015 to allow the pool to refill prior to the known breeding season of state-listed amphibians.
b. The proposed removal of shrubs and bushes from the upland area (see Note #1 on submitted plans entitled “Baker Pond Site Plan and Cross Section”) shall be limited to invasive species. Native vegetation shall be retained where possible.

JS seconded the motion and the Commission voted to approve 7-0.

Note: On October 16, 2014, a letter from Thomas French which stated that NHESP Tracking Number 04-16652 had been assigned to this project and NHESP had determined that this project must be conditioned with the two conditions that were included in the motion made, seconded and approved by the Commission.  Dr. French wrote that provided those conditions were implemented; the proposed activities would not adversely affect the Resource Area Habitat of state-protected rare wildlife species and were exempt from MESA review.  

Other business:
Cranwell, 55 Lee Rd., Map 3 Parcel 55, Site visit by NC on October 10th, as a follow up to the October 2nd meeting.  NC advised that the silt fence has been repaired as requested.  
Mass Audubon, 472 West Mountain Road, Map 21 Parcel 1. NC advised that he had spoken to Rick about a culvert at an old well near the playground area at the Pleasant Valley Sanctuary.    Reportedly this is a safety hazard and he wanted permission to remove it.  NC approved.

Approve Minutes-October 2, 2014-RFC made a motion to approve with edits.  TF seconded the motion and the Commission voted to approve 7-0.

RFC made a motion to adjourn and JS seconded the motion.   The Commission voted to agree 7-0 and the meeting was adjourned at 8:15 pm.   

Respectfully submitted,
Peggy Ammendola