Lenox Conservation Commission
Landuse Meeting Room
November 20, 2014
Minutes
Town Hall
Members present: Chair Neal Carpenter, (NC); Vince Ammendola, (VA); Tim Flanagan, (TF); Joe Strauch, (JS); Dick Ferren, (DF); Rose Fitzgerald Casey, (RFC); David Lane, DL
Staff present: Peggy Ammendola, (PA)
Also present was Town Manager Chris Ketchen.
Notice of Intent, Town of Lenox, Kennedy Park, Baker’s Pond, West Dugway Rd., Map 22 Parcels 4 & 21. The project is for the environmental enhancement of site conditions for native amphibians and consequently an improvement of park aesthetics.
DL did not participate in this hearing.
Presenting the application was Darrin Harris of Hill Engineers. Mr. Harris stated that due to the fact that the original Order of Conditions had expired, MA DEP File #198-211, he was submitting a Request for Certificate of Compliance for the work that had been done, and presenting a new NOI. (Note: See minutes of November 6, 2014.)
Under the original Order of Conditions, the work which has been completed included replacing of pipe, removal of invasive species, trail work around the pond area, repairing the dam, and vista clearing. NC inspected the site and found that the work was complete. RFC made a motion to issue the Certificate of Compliance. VA seconded the motion. The Commission voted to approve 5-0-1. TF abstained.
Mr. Harris said that the project work in this NOI has not changed from that which was presented at the October 16, 2014 meeting when all assumed that the original Order of Conditions could be amended. There are two phases. The first phase involves clearing out around Baker’s Pond, draining and dredging it, getting rid of invasive species, both plants and fish, and let the pond refill. As necessary, other invasive species around the pond will be cleared out. The second phase would be replacing the water rotted pipe with 3 inch high density polyethylene pipe at a depth of four feet. It will have valves at each end. This will be used for a maintenance source of water. Hill Engineers will be working with Berkshire Community College students who are in the environmental
program.
For the new NOI, DEP has responded with comments and assigned MA DEP File #198-0281.
Discussion ensued regarding securing a release from the Army Corp of Engineers as stated by DEP. Mr. Harris said that they will be filing Appendix C with them, but had to secure a contractor first. When he files, he will copy Lenox Conservation Commission on it.
NC said that the Commission would need to hear from Natural Heritage for this new NOI. This will be a condition as will be the same conditions imposed before everyone realized that the former Order of Conditions could not be amended due to the expiration.
The following is the text for the Special Conditions:
The applicant shall notify the US Army Corps of Engineers, New England District of this project proposal, using “Appendix C”, as found within the MAGP. The Lenox Conservation Commission requires a response from NHESP on this NOI. All work to restore Baker Pond must be completed prior to Jan. 1st, 2015 to allow the pool to refill prior to the known breeding season of state-listed amphibians. 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.
VA made a motion to issue the Order of Conditions and DF seconded the motion. The Commission voted 5-0-1. TF abstained.
Site visit:
November 14, 2014-Lenox Landfill-Attended by Mark Volk and Steve Mack of Foresight Land Services and Commissioners: TF, JS, DL, VA and NC
Other business:
Town Manager Chris Ketchen informed PA today that he had been contacted by Jorja Marsden, the Town Administrator of Stockbridge, regarding the clear cutting of property at 212 Old Stockbridge Rd. PA notified NC who then went to the site to investigate. NC observed the clear cutting, but determined that the area affected was not in Lenox, but in Stockbridge.
NC had been asked about two months ago for permission to remove a select number of trees on this property that were dead or partially down that were considered a safety issue. He met two individuals on the site and determined there were no wetlands on this property therefore it was not jurisdictional.
Approve Minutes: November 6, 2014- JS made a motion to approve the minutes as amended. TF seconded the motion and the Commission voted to approve 5-0-2. RFC and RF abstained as they were not at that meeting.
RFC made a motion to adjourn. RF seconded the motion and the Commission voted to adjourn at 8:15 PM.
Respectfully submitted,
Peggy Ammendola
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