Lenox Conservation Commission
Landuse Meeting Room
November 6, 2014
Minutes
Town Hall
Members present: Chair Neal Carpenter, (NC); Vince Ammendola, (VA); Tim Flanagan, (TF); Joe Strauch, (JS); David Lane, (DL)
Absent with notification: Dick Ferren, (DF); Rose Fitzgerald Casey, (RFC)
Staff present: Peggy Ammendola, (PA)
Note: On October 16, 2014, the Commission heard the request of Darrin Harris, Hill Engineering regarding 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. Mr. Harris was asking for an extension and based on the information provided, the Commission granted an extension. In the days following this meeting, the Commission has determined that the Order and the Extension are invalid. Following is a history of the project:
The Order of Conditions for this project was issued August 17, 2006. At the October 16, 2014 meeting Darrin Harris, spokesman for Hill Engineering, asked the Commission for another extension, stating that in August 2009 the Order was extended to August 2011 and the Permit Extension Act extended it again to August 2015. The Commission granted this latest request on October 16th, but was notified by DEP on October 24th that they had no record of an extension and an extension had not be recorded. PA contacted Mr. Harris who said that they did not have a copy of an extension, only a copy of a letter sent by Mr. Krzanowski, also of Hill Engineering, requesting an extension. PA reviewed the file and found that Jason Krzanowski of Hill
Engineering came before the Commission May 14, 2009 to ask for an extension which the Commission stated they would grant a two year extension in June, but wanted Mr. Krzanowski to provide an additional document, a copy of the addendum that is to be provided in the bid which will specify the items agreed to. The Commission’s minutes and agendas from that meeting through August of 2009 have been reviewed and there is no record that Mr. Krzanowski ever came back to the Commission to follow up on his request. There isn't an extension on file either. This indicates that the Order is invalid as is the Extension. Mr. Harris plans to submit a new NOI.
At tonight’s meeting the Commission acknowledged that the Order of Conditions had expired, never amended as first thought, thereby the amendment to the Order approved on October 16, 2014 was voided.
Mike Kulig review EB solutions 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. Originally scheduled for October 16th but rescheduled to Nov. 6th.
Mr. Kulig reported tonight that he and Mike Mugridge have been back to the site several times and have been going over options to best remedy the situation, a remedy that is both sustainable and affordable. He said that at this point, this is a $100,000 project. Mr. Mugridge is looking into having volunteers to do some planting, potentially a part of a school project. Mr. Kulig hopes to have some more information and a plan on paper to show to the Commission in December. TF offered that the Commission would be willing to talk with them to work out some approaches. Mr. Kulig commented that there are some other similar situations in the area.
This matter will be placed on the agenda for December 4, 2014 at 7:30 PM.
Request for Determination of Applicability, Town of Lenox property at Yokun Ave., Map 43, Roadway, approximately 0.3 miles north of the intersection with West St. The project is replacing the existing culvert with a new culvert, replacement of the retaining wall, and additional site work which includes a new berm, a paved waterway, paved apron around a new catch basin and paving of a section of Yokun that will be excavated for the culvert installation.
Presenting the application was Kristy Cederholm of Foresight Land Services. They said that the headwall is failing. She reviewed the plans and discussed in detail the work proposed to remedy the situation. Present were abutters, Emily Wilson and Alison Sneider.
Ms. Cederholm said that there are no wetlands associated with this area because all of the drainage is piped in from town. The arched culvert has a closed bottom. TF stated that at the Commission’s site visit it was determined that this location is jurisdictional because alteration has already occurred in BVD as a result of a failure in the channel. He added that had there not been a failure, the Commission would have agreed there was no upstream BVW and it would be no problem.
TF asked about enlarging the basin side upstream of the culverts. Ms. Cederholm said they will be doing a cave water way funneling down into a double catch basin. It will be a deeper sump that will hold the water. Emily Wilson and Alison Sneider, abutters, asked questions about the design, aesthetics and stone wall. TF explained that the Commission doesn’t have jurisdiction over the aesthetics of the design only the functionality. The existing wall stones and the cap stones will be used. At the request of TF, Ms. Cederholm reviewed with the Commission the basin design on the downstream side.
JS made a motion to issue a Negative I Determination. VA seconded the motion and the Commission voted to approve 5-0.
Approve Minutes-October 16, 2014-DL made a motion to approve the minutes as presented and TF seconded the motion. The Commission voted to approve 5-0.
JS made a motion to adjourn and DL seconded the motion. The Commission voted to adjourn 5-0. The meeting was adjourned at 8:15 PM.
Respectfully submitted,
Peggy Ammendola
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