Lenox Conservation Commission
Landuse Meeting Room
August 20, 2015
Minutes
Members present: Chair Neal Carpenter, (NC); Vince Ammendola, (VA); Tim Flanagan, (TF); Joe Strauch, (JS); Rose Fitzgerald Casey, (RFC); David Lane, DL
Absent with notification: Dick Ferren, (DF)
Staff present: Peggy Ammendola, (PA)
Also present was Town Manager Chris Ketchen, and Selectmen Channing Gibson and Ken Fowler.
BNRC continuing discussion regarding Municipal Certification for Undermountain Farm Conservation Restriction on 83 Acre Parcel (Had been on July 16th and August 6th agendas.) Note: There was no one from BNRC present. A draft copy of the CR for the proposed 63 acre parcel received on August 20th by PA from the Town Manager was emailed immediately to the Commissioners. Hard copies were presented to the members at the meeting. There was no discussion.
Nancy Costerisan, 15 Ash St., Map 47 Parcel 25, Request for Determination of Applicability, install a prefab 8’ X 12’ storage building, construct a carport, new deck entry, restore blacktop parking area, reconfigure entries, and replace steps.
A site visit was held on August 12th and was attended by all Commissioners. As a result of the SV, Ms. Costerisan provided to the Commission a completed updated drawing which depicted the wetland boundaries and the requested changes. Ms. Costerisan was advised to check with Sean Vandeusen, DPW Superintendent, before commencing any work.
VA made a motion to issue a Negative III Determination with the condition that Ms. Costerisan has the approval of the DPW before starting project. JS seconded the motion and the Commission voted to approve 6-0.
Selectman Channing Gibson-Informal discussion regarding parking for Post Farm-It is anticipated that the Town will renew their efforts to install a photovoltaic array at the town landfill. Current access to this site is by way of a road which crosses the landfill, but DEP has made it clear that this access needs to be eliminated. The object of this discussion was to find a possible alternative. Possible access routes that would take traffic away from the site were discussed including the existing route from East Street as well as following some of the existing road but skirting the capped landfill. Both of these options would require the Town to acquire land from abutting property. Due to the topography, the existing road from East Street would require a large investment to reconstruct plus
ongoing maintenance. The Commission does not believe that this is the preferred means of entry. Further negotiations and discussions will be continuing in attempt to secure a right-a-way. Foresight Land Services will be presenting an RDA for the delineation.
Town of Lenox, NOI, Maps 43 and 46, Yokun Road. The proposed project is sewer main replacement and related work.
Marc Levasseur of Foresight Land Services reviewed the plans with the Commission and stated that work not being done in the right-of-way would be closed up at the end of each day until the work was completed. TF made a motion to approve the project as presented and DL seconded the motion. The Commission voted 6-0 to issue the Order of Conditions.
Town of Lenox, NOI, Map 50 Holmes Rd., water main replacement and related work.
Mark Levasseur presented the plans for this project as well. The existing main will be abandoned, left in place and plugged in order to prevent water incursion and transmission through an open pipe.
DL made a motion to approve the NOI as presented. JS seconded the motion and the Commission voted to issue an Order of Conditions by a vote of 6-0.
Other Business:
Pittsfield Municipal Airport-Emergency meeting- (Refer to Map 27 Parcel 24, Request for Determination of Applicability-Scenic Mountain Act. (The project, approved May 15, 2014, was for the re-clearing of an existing easement and the replacement of the existing beacon and beacon pole which had fallen into disrepair. SMA File Number 2014-2)
Appearing before the Commission were representatives of Stantec, Jim McLaughlin, Project Manager; Cody Miller; and Randy Christensen. Brian Spencer represented Pittsfield Municipal Airport. Becky Cushing, Director Pleasant Valley Wildlife Sanctuary, Mass Audubon was also present. Apparently there was miscommunication which resulted in the above believing that they were on the agenda.
TF explained to the Commissioners that Mass Audubon, Pleasant Valley, an abutter to the airport property had observed extensive work being done near the site of the airport beacon and notified JS who subsequently notified TF. TF investigated by going to the site and discovered that work beyond that which had been permitted was being done and involved 1.8 acres. It was requested that those involved with the project appear before the Commission immediately as this access road was not a part of the SMA which had been approved by the Commission. It was agreed that this situation required the Commission’s immediate attention.
Mr. McLaughlin and Mr. Christensen presented a drawing which represented a GPS survey of a work road to provide access for the beacon pad installation. A work road had been bulldozed up the hill to the site in order to facilitate the installation of a concrete pad for the construction of the beacon. This road had not been proposed in the RDA-SMA or approved by the Commission, but was created through misinformation passed to the contractor. TF said that the Commission had two options. One would be to issue a Cease and Desist Order or require the applicants to act promptly to complete the project and submit an NOI to restore the area.
Discussion ensued and it was the consensus of the Commission that immediate remedial action was required to prevent major damage from possible erosion before resuming the approved work followed by the filing of an NOI. Mr. Christensen and Mr. McLaughlin agreed to get the NOI to the Commission by September 3rd and appear to present the NOI to the Commission on September 17th.
TF cautioned that the area affected is above the threshold for stormwater protection under the state law and federal compliance. The applicant was also caution to do no further cutting without a permit.
Site Visit-Wednesday August 26, 2014 at 4:00 PM- Palmer, Map 16 Parcel 16, 147 Reservoir Road.
Approve Minutes-August 6, 2015-RFC made a motion to approve the minutes with a minor edit. JS seconded the motion and the minutes were approved 5-0-1. DL abstained as he was not at that meeting.
Respectfully submitted,
Peggy Ammendola
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