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Conservation Commission Minutes, 08/06/2015
Lenox Conservation Commission
Landuse Meeting Room
August 6, 2015
Minutes

Members present: Chair Neal Carpenter, (NC); Vince Ammendola, (VA); Tim Flanagan, (TF); Joe Strauch, (JS); Dick Ferren, (DF); Rose Fitzgerald Casey, (RFC)
Absent with notification: David Lane, DL
Staff present: Peggy Ammendola, (PA); Gwen Miller, Land Use Director/Town Planner (GW)

Town of Lenox, Kennedy Park, Request for Determination of Applicability West Dugway Rd., Map 22 Parcel 4. The project involves the performance of maintenance improvements to an existing +/- 6 foot wide pedestrian foot trail, as well as the creation of an ADA compliant picnic area adjacent to the existing parking lot.

Presenting the application was Gwen Miller, Land Use Director/Town Planner.  She said that the bridge work would be delayed for more designing, engineering and financing. TF suggested that the map be amended to include the stream and proper scale.  GM agreed and will provide. TF made a motion to approve and issue a Negative III Determination. JS seconded the motion and the Board voted to agree 5-0-1. DF abstained.

Town of Lenox DPW, Notice of Intent, 197 East St., Map 8 Parcel 64 (Lenox Memorial Middle & High School), detention basin improvements and related work. There had been an informal meeting on July 16th in which Marc Levasseur of Foresight Land Services presented a preliminary plan for improvements.

Mass DEP assigned File # 198-0284.

Present was Mr. Levasseur; Sean Vandeusen, DPW Superintendent; and an abutter, Ross Perreault.

Marc Levasseur of Foresight Land Services reviewed the detailed plans with the Commissioners.  Mr. Levasseur said that the pond would be six inches lower than it had been and TF wanted assurance that the wetland at the north end would remain viable.  Mr. Levasseur said this would be accomplished by minor contouring and restoration.  VA questioned the provisions that would prevent scouring at the discharge end of the 18 inch pipe.  Mr. Levasseur said that a stone discharge apron would be constructed with stones that would be of the size and mass so as to preclude scouring.  There will be no more discharge from the pond than before. Construction is set to begin in September.  DF made a motion to approve the project as submitted with the addition that the maintenance plan will be revised, updated and adhered to assuring that this problem doesn’t re-occur.  RFC seconded the motion and the Commission voted to approve 6-0.
Town of Lenox for Undermountain Rd., Request for Determination of Applicability-The proposed project is to fully reclaim the road and then add two courses of blacktop.  

Presenting the application was Mr. Vandeusen, DPW Superintendent.  He described the project and said that straw wattles and hay bales would be put in place as required.  It is expected that this project will begin in 2-3 weeks and will be scheduled so as to not impede traffic during Tanglewood events.  

VA made a motion to approve with a Negative II Determination.  RFC seconded the motion and the Commission voted to agree 6-0.  

BNRC to discuss Municipal Certification for Undermountain Farm Conservation Restriction.

Present was Narain Schroeder of BNRC.  At the July 16th meeting a letter of that same date was received from GM which requested the Commission’s support for the project. The letter included a Municipal Certification for the Commission to sign that would be included in the CR application.  The Commission reviewed the letter and voiced their support, but would not sign until they approve a specific CR. PA was asked to relay this response to Ms. Miller and the Town Manager.  This meeting was a result of the response.

Mr. Schroeder explained that the CR which was being requested is for an 83 acre parcel which abuts the 63 acre parcel which is being proposed for acquisition by the Town.  (The purchase of which would require approval at a Special Town Meeting that is anticipated to occur possibly in September.)  Until this meeting the Commissioners had been under the impression that the Municipal Certification was being requested for the 63 acre parcel.

Mr. Schroeder briefly reviewed the restrictions which primarily prohibits anything to be constructed which would be of a permanent nature.  The land is to be preserved as open space and for agricultural uses only.  Part of the process to acquire a CR is providing a Municipal Certification to the Conservation Commission for approval.  This would then be submitted to the Board of Selectmen to demonstrate that the Commission approves.   A draft of this CR will be sent to the Commissioners so that they can review prior to the next meeting in order to consider the Municipal Certification.    

Approve minutes: July 16, 2015-DF made a motion to approve the minutes and TF seconded the motion.  The Commission voted to approve 6-0

Other business:

On August 4th the CC received from Foresight Land Services a Wetland Delineation Report-Lenox Landfill Map 14 Parcels 2, 3, &1 dated December 16, 2014 as well as a Topographic Survey Plan prepared for the Lenox Landfill.  

NC stated the property owner of 57 Bramble Lane, Map 1 Parcel 43 (Moche) currently has his dock 10 ½ inches above the water and will be 14” above next year.  This is in compliance with the Commission’s earlier request.  

Valley Transfer, Parking lot-At the June 18th meeting, NC had asked PA to contact Tom Garrity to inquire into the status of a parking lot Mr. Garrity had committed to do.  Mr. Garrity responded to NC and had agreed to proceed within a few weeks, but NC has since learned that an RDA may soon be filed for the property at the Lenox Landfill therefore suggested that Mr. Garrity not proceed at this time.

Site Visit-Costerisan, 15 Ash St., Map 47 Parcel 25- August 12, 2015 at 10:00 AM in preparation of RDA meeting on August 20th.

Respectfully submitted,
Peggy Ammendola