Great Barrington Conservation Commission

Great Barrington Conservation Commission

Minutes

February 24, 2010

Pat Kinne opened the meeting

Present: Pat Kinne, Andrew Mankin, Jessica Dezieck, Jennifer Connell, David Shanahan, Orit Kadosh, Bruce Gore

Agent Elaine Hines
7:00 RDA – 288 State Road; filed by The Great Barrington Congregation of Jehovah’s Witnesses, Mass, Inc. Proposed work is the construction of a new Kingdom Hall, drive through canopy, driveway and 60 car parking lot. Also, connection of water and sewer lines to town connection.
Pat Kinne recused herself and asked Andrew Mankin to conduct the meeting.

Tenney Fales presented a plan with details on the detention pond, swales and calculations for the stormwater. Andrew Mankin asked if SK Designs had taken the new soil samples that the Commission asked for and was told that they had taken soil samples on the wetland line. Mr. Fales expressed that this is what he understood the Commission asked for. He told Mr. Fales that instead of using the GIS mapping we asked to have the soils samples taken so we would have an actual location in the field of the wetlands area to give us a record on the plans. Mr. Fales asked what constituted a wetlands area and why it was necessary to take soil samples and where they should be taken. He expressed concern that if soil samples were taken the whole area would be characterized as a wetlands area and the project would be denied. Commission members and Agent Hines explained the process that is required by the State and why the Commission has requested the soil samples. After much back and forth discussion Andrew Mankin asked that as was stated at the previous meeting we would like to have the wetland delineated by their engineer and soils taken around east of the existing wetland. It was reiterated that the Commission did not ask to have the entire property delineated. Mr. Olds, representing the Friends Meeting House asked about drainage from the parking lot. He wanted to hear consideration that there is a way of getting the water to flow north out of the area. Mr. Fales explained that SKDesign extended, widened and deepened the swale, enlarged the detention pond and water will be directed to an existing culvert after that. According to the stormwater calculations this will handle a 50 year flood. There were no further questions.

MOTION: Jessica Dezieck to continue public hearing until March 24^th at 7:00 p.m.

SECOND: David Shanahan

VOTE: 6-0, all in favor
7:10 NOI – Maple Ave., Map 30, Lot 45, filed by George Beebe, continued. George Beebe was not present.
MOTION: Andrew Mankin to continue hearing until March 24th at 7:10 p.m.

SECOND: Jessica Dezieck

VOTE: 7-0, all in favor
7:20 NOI - 974 Main Street; filed by Richard & Beth Larkin – continued.
MOTION: Andrew Mankin to continue the public hearing until March 24^th at 7:20 p.m.

SECOND: Jessica Dezieck

VOTE: 7-0, all in favor
7:30 NOI – 0 Brookside Drive, Map 38/Lot 15; filed by the Institute for Living Judaism – continued. A further continuance was requested.
MOTION: Andrew Mankin to continue the public hearing until March 24^th at 7:30 p.m.

SECOND: Jessica Dezieck

VOTE: 7-0, all in favor
7:40 NOI and Enforcement Order – 380 State Road; filed by Butternut Basin Inc. – continued. The proposed work is drainage and parking area improvements.

1. 
   Mike Kulig asked if we had copies of the Tighe & Bond comments submitted as a third party review, (Peer Review NOI Butternut Basin LLC MADEP File # 167-345 dated 2/24/10) requested by the Commission. They were not able to put a response together due to time constraints. It was decided to go through the comments. Mr. Kulig said they will get answers to the Commission for the next meeting. It was also decided that Tighe & Bond do not need to appear at the next meeting. Agent Hines had several concerns. One was the importance of supervising the work and the other was how to ensure the stability of the intermittent stream bank. Mr. Kulig was asked when they could start work. He said he would have to talk to Jeff about what kind of manpower he has and that the replication area work would take about a month, the rest would probably take all summer with planting in the fall.
   

MOTION: Jessica Dezieck to continue the public hearing until March 24^th at 7:40 p.m..

SECOND: Andrew Mankin

VOTE: 7-0, all in favor

Pat Kinne introduced Peter Jensen to discuss the Trail Symposium.

Mr. Jensen passed out information for the upcoming Trail Symposium at Berkshire South which will include a variety of workshops based on trail development. He explained that as part of the symposium a trail will be built to the gazebo on the property which would necessitate an NOI as there are wetlands within 50 ft. After some discussion it was decided he needed to submit an RDA instead as the area is an existing lawn.

Mr. Jensen then talked about the Lake Mansfield Trail Project and explained that it was a very convoluted process due to the different agencies involved. The Massachusetts Historic Commission was concerned about possible native American artifacts and after a meeting with the State DCR rep it was decided that in order to keep the site undisturbed the trail will be redesigned to be built above ground. He will then resubmit the NOI.
A motion was requested to approve the minutes of the January 27^th meeting
MOTION: Andrew Mankin to approve the minutes from the January 27^th meeting

SECOND: Jessica Dezieck

VOTE 7-0, all in favor
MISCELLANEOUS:

1. 
   Birchridge Property: Craig Okerstrom Lang contacted Agent Hines about trimming and removing some trees in his development. Agent Hines explained that she visited the site and there are about 23 to 25 trees along Birch Ridge within 30 feet of the road, mostly dead and hazardous. She sees it as maintenance and there were no erosion problems. Suggests it could be exempt under maintenance. Andrew Mankin recommended that we allow the maintenance of tree cutting at Birch Ridge under the Scenic Mountain Act, of no more than 25 trees.
   

2. 
   Pat Kinne passed out a Memorandum to Municipal Clients from Kopelman and Paige outlining the changes to the Massachusetts Open Meeting Law. This law will take effect on July 1, 2010. Pat Kinne explained that the biggest change will be that if engineering plans or letters are referred to in the minutes they would potentially have to be kept as part of the permanent record. The only records we keep now are the minutes, NOI’s (until the Certificate of Compliance is issued) and RDA’s that can be destroyed after three years. Discussed possible storage issues.
   

3. 
   Agent Hines composed the letter Pat Kinne requested she write to George Beebe outlining the progress of his NOI submissions. After some discussion it was decided that Agent Hines should send the letter to George Beebe with a copy to Jim Toth.
   

4. 
   3 Mile Hill. Pat Kinne and Agent Hines attended a meeting with the town planner and Keith Ross of LandVest who is representing the seller of the properties off Lover’s Lane. These properties would make a connection between the land that DCR owns (Fountain Pond), Berkshire South and Lover’s Lane. The goal is to try to connect walking paths from Berkshire south to the schools. Asking price for each lot is $300K. Keith Ross is asking for a letter of recommendation for one of the grants they are trying to get. The GB Land Conservancy would buy the land and donate it to the DCR. The Commission decided to write a letter of recommendation.
   

5. 
   Request for an Extension Permit for Order of Conditions; DEP file #167-0308; 268 and 278 Monument Valley Road. Work has not started on this project. It was decided to grant a year’s extension and if it is issued tonight it will take him to November, 2011.
   

MOTION: Andrew Mankin to extend the OOC DEP #167-0308 for one year

SECOND: Jessica Dezieck

VOTE: 7-0, all in favor

6. Special Permit Under Zoning Bylaws for Enrico Hinz and Alice Esteves for work at 373 North Plain Road, Housatonic.
MOTION: Andrew Mankin that the Wetlands Act does not apply.

SECOND: Jessica Dezieck

VOTE: 7-0, all in favor

7. 
   Special Permit; Kimada Realty, LLC and BKL Realty, LLC; 168 Main St.; James Kimball: They had a special permit but they area tweaking it. The area is outside of the Riverfront area and what they are proposing appears to be an improvement.
   

MOTION: Andrew Mankin that the Wetlands Act does not apply

SECOND: Jessica Dezieck

VOTE: 7-0, all in favor

Pat Kinne asked about the Enforcement Order for 940 South Main. Agent Hines said she walked them through it, gave them a list of native plants and they will submit a revegetation plan by the next meeting.
Agent Hines talked about Deborah Phillips daughter, Jessica Wilke, and her goals for the McAllister property.
8:25 There being no further action to be taken a motion was requested to close the meeting.
MOTION: Andrew Mankin to adjourn

SECOND: Jessica Dezieck

VOTE: 7-0, all in favor

Respectfully submitted

Pamela Torres