Lenox Conservation Commission
Landuse Meeting Room
September 3, 2015
Minutes
Members present: Chair Neal Carpenter, (NC); Vince Ammendola, (VA); Tim Flanagan, (TF); Joe Strauch, (JS); Rose Fitzgerald Casey, (RFC); David Lane, DL; Dick Ferren, (DF)
Staff present: Peggy Ammendola, (PA)
The meeting was called to order at 7:30 PM.
Alison Dixon, Berkshire Outreach Manager of Housatonic Valley Association-Ms. Dixon presented a follow up on River Assessment & Recommended Action Plan for the section of the Housatonic River~for both the towns of Lenox~& Lee. This report for 2013-2014 was written last winter and was funded by the Massachusetts Environmental Trust and is an update of the Lee, Lenox Stream Team Report which was completed 10 years ago. The report is a result of informal assessments conducted by volunteers on a segment of the Housatonic River in Lenox and Lee. The volunteers either walk or paddle a length of one to two miles. Ms. Dixson described the assessments as a recording of the “good, bad and the ugly”. Examples of what is being looked for are trash issues, invasive plants, noting an outfall,
or some plant of particular beauty. In the case of the latter, the volunteers would note if this is protected or should be protected. The primary difference in this latest report and the previous one is that GPS coordinates were obtained and have been indicated on the maps. They did not work in the areas of Decker Landing or Woods Pond as both locations are in the PCB remediation stretch. The report will help in pin pointing priorities for the next 10-15 years. Ms. Dixson said that this report provides progress updates on what concerns were noted in the 2001 report. Some concerns she mentioned that are in this latest report were pipes in the bottom of the river channel that she said were associated with one of the mills; storm water likely entering the river from a parking lot, trash, and car parts. MS. Dixson said that the water level was very low and it was likely that the car parts, e.g. was an engine block, would actually be in the river. To remove
this would require equipment, and if it is determined that this would be removed, an RDA would be filed. She said that she will try to send pictures to the Commission. Ms. Dixson said work completed by the volunteers included, but was not limited to, picking up trash, working with Lenox for the Woods Pond floating dock, and collecting stream crossing data. In closing Ms. Dixson provided copies of the report and additional materials for the Commissioners and offered assistance to the Commission in the event there was a need for their help.
Jonathan and Nina Palmer, Request for Determination of Applicability, 147 Reservoir Rd., Map 16 Parcel 16-1. The proposal is to install an in ground swimming pool with associated pool terrace.
Shannon Boomsma of White Engineering presented the RDA and site plan and detailed the proposed project with the Commission. The only resource area is an intermittent stream under Reservoir Rd. The gazebo will probably be removed from the property, but if it remains Ms. Boomsma pointed out where it would be relocated. She noted the location of the silt fence and straw waddles. At the site visit it was suggested that the silt fence be extended around the septic work, to which she agreed. If ledge is detected at the site of the pool an alternative would be to raise the pool somewhat, but blasting would not be done. An access/construction road, if necessary, would be created that would lead into the driveway. As requested by TF, Ms. Boomsma noted on the site plan that the Conservation Commission
would be contacted prior to the start of work after erosion controls are put into place. That will also be a condition to the Determination of Applicability.
TF made a motion to issue a Negative III Determination with the condition as described. DL seconded the motion and the Commission voted to approve 7-0.
Ms. Boomsma advised the Commission that the driveway is steep and there is some erosion. She met with DPW Superintendent Sean Vandeusen to discuss. To remedy the situation a culvert will be put in place about 50 feet uphill of the driveway to divert the water under the driveway. The Commission does not have jurisdiction for this project, but she wanted them to be aware.
Site Visit- September 26th was attended by Ms. Boomsma, Jonathan Palmer, VA, JS, TF, and NC. DL went to the site at another time.
Ken Fowler- Lenox Environmental Committee-This was an informal discussion regarding the use of plastic bags and the controversy of banning such. Discussion ensued regarding biodegradable products and the mistaken belief that they disintegrate quickly; banning single use bags, but having thicker reusable bags; banning the use of the single use plastic bags for stores over 2500 square feet etc. It was discussed to involve children in designing a bag as that could be an effective way to get the attention of their parents.
It was agreed that the single use plastic bags become litter, and something needs to be done. They are found in municipal grinders or in bodies of water. There are other uses for plastic bags, and an example given was the packaging of ice melt products. People also use plastic bags for dog waste. The consensus was that something needs to be done, but not necessarily a total ban. There are several models of how other communities have dealt with this issue, and examples of what works and doesn't work. Ken said that the Committee will work on the language of the ban and produce a draft. He expects to have something together to take to the annual town meeting in May 2016.
Other Business:
Municipal Certification for Undermountain Farm-Town Planner Gwen Miller advised PA on today’s date that she has not heard anything further from Narain Schroeder of BNRC stating why he didn't come to the last meeting or of his intention of when he will come back. (This had been on July 16th and August 6th agendas.)
BRPC –Letter dated September 1, 2015 announcing two workshops:
September 26, 9:00 to 4:00 pm-Erosion and Sediment Control: Effective Solutions
October 29, 6:30-8:00 pm-Forestry Practices, Logging Projects and the Wetlands Protection Act.
NHESP-work on hardy kiwi-On August 20th, Gwen Miller emailed to the Commission a copy of an area mapped by BCC students in 2010-2012. Hard copies were provided at this meeting
Winden Hill Condominium Association-Letter to the Commission dated August 19th and received on August 31st outlined the WHCA’s concerns with an abutting neighbor who has made “drastic changes to her property”. PA spoke to Gwen Miller regarding this letter. Ms. Miller had received a copy also and she has spoken to NC. On today’s date Ms. Miller advised PA that she is preparing a response to the WHCA.
Terry Burman,-Map 42 Parcel 30, 40 Brunell Ave. NC advised the Commission that a request for a Certificate of Compliance will be forthcoming. On today’s date he, VA and Mike Kulig of Berkshire Engineering went to the site to inspect the work and found that previous problems that had been noted have been corrected and the project looks very good. A few additional issues will be corrected and Mr. Kulig will be filing in the near future a request for a Certificate of Compliance.
Approve Minutes-August 20, 2015- DL made a motion to approve the minutes as amended. JS seconded the motion and the Commission voted to approve 6-0-1. DF abstained as he was not present at that meeting.
RFC made a motion to adjourn and DL seconded the motion. The Commission voted to agree and the meeting was adjourned at 8:58 PM.
Respectfully submitted,
Peggy Ammendola
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