Conservation Commission Minutes
Lenox Conservation Commission
Landuse Meeting Room
August 2, 2018
Minutes
Members present: Chair Neal Carpenter, (NC); Joseph Strauch, (JS); Vince Ammendola, (VA); David Lane, (DL); Mark Smith, (MS); Dick Ferren, (DF); Rose Fitzgerald Casey, (RFC)
Staff present: Peggy Ammendola, Land Use Clerk, (PA)
The meeting was recorded.
Notice of Intent, Laurel Lake Preservation Association (LLPA), located at Rt. 20 at the border of Lee and Lenox. Mass DEP File # 198-0309-Winter drawdown to control invasive Eurasian watermilfoil and zebra mussels.
Representing LLPA was Attorney Elizabeth Goodman of Cain Hibbard and Myers and Ken Wagner, President of Water Resource Services LLC and Roger Scheuer, President of LLPA.
Attorney Goodman said that they are requesting the Commission to approve a 3’ drawdown. The size of Laurel Lake is about 178 acres, of which 32 are in Lenox. This is an Ecological Restoration Limited Project under the Wetland Protection Act (WPA) and Attorney Goodman suggested the Commissioners to read Form 3 Appendix A. The reason for this restoration project is to control of the Eurasian watermilfoil and the zebra mussel. Laurel Lake is host to the snail Marstonia lustrica which is a protected species under the Massachusetts Endangered Species Act. (MESA) Attorney Goodman said that Tom French, the director of Natural Heritage Endangered Species Act (NHESP) wrote in his July 20th letter that NHESP approved the drawdown with conditions. DEP filed comments which suggested that if the Commission approves the request the Commission should condition the order to allow future changes because there will be ongoing work with the zebra mussels. Attorney Goodman stated that to deny the request the Commission would not be advancing the interest of the WPA. There was no drawdown in 2017 because this is a complex project which requires a lot of effort on the part of the applicant. She said that in the past LLPA tried to convince the Commission to extend the existing Order of Conditions further, but the Commission required the LLPA to file a new Notice of Intent. This was done in June. (The Mass DEP File # 198-0242 was closed out with the issuance of a Partial Certificate of Compliance on February 15, 2018.) As a result of no drawdown in 2017, there has been significant increase in both the milfoil and zebra mussels. DL asked Attorney Goodman if she was inferring that the Commission was to blame. Attorney Goodman responded that she was not blaming the Commission, as it is the responsibility of LLPA to file and they didn’t. Attorney Goodman said that the reason for the delay in filing is because of the intensity of the NOI.
JS asked Dr. Wagner about the reference several times in the NOI to “cooperative effort”. Dr. Wagner said the reference was “the need for cooperative effort”. JS asked how this could be achieved and added that the Commission wants to be in line with the Commonwealth and the Town of Lee. Dr. Wagner said that with the new regulations that came about in 2014, they went to NHESP first who has agreed to work with the LLPA during this next year and the Department of Environmental Protection is working with them as well. He would like to get the Department of Fisheries and Wildlife onboard also.
JS asked if there was any data on the zebra mussel larvae getting out of the lake and into the Housatonic River. Dr. Wagner responded that the data shows that there is less than 2 vilagers per liter and often less than one tenth of one. This, he said, is because of the drawdowns. The typical range is 2 to 200. Dr. Wagner said that there is a way to prevent them from going into the river and that is by having all of the water going through a pipe and be treated. He said that it is possible to eliminate the zebra mussel with a chemical control. He said that NHESP wants to discuss this.
Mr. Scheurer said that the LLPA is working with DEP and expects that they will become more involved.
VA explained that the Commission is “the ground floor” i.e., the enforcers and asked the LLPA to get the other state agencies involved.
Attorney Goodman, referring to the Commission’s previously requested management plan, said that this is not a “watershed issue” therefore a watershed management plan would not be required. Dr. Wagner supported that stating that this is an “in lake issue” and nothing that is called for in the management plan would help with the milfoil or zebra mussel. Over the last several years the Commission has repeatedly asked the LLPA to file with the Commission a watershed management action plan. The Commission based their requirement on the Commonwealth’s guidance. Dr. Wagner again said that this is not necessary and the management plan was strictly “guidance’ and not mandatory. Discussion ensued and the Commission asked the applicant to contact Mass DEP, and if DEP agreed a watershed management plan was not necessary, the LLPA should provide the Commission with a letter from DEP supporting their argument. Attorney Goodman said that she would contact DEP and asked that the Commission approve at tonight’s meeting so that the project would not be held up.
DL made a motion to close the public hearing and at the next meeting, August 16th, reconvene to finalize the special conditions. VA seconded the motion and the Commission voted to agree 7-0
Approve Minutes-July 19, 2018-JS made a motion to approve the minutes as presented. MS seconded the motion. The Commission voted to approve 5-0-2. DF and RFC abstained as they were not at that meeting.
RFC made a motion to adjourn at 8:30 PM. VA seconded the motion and the Commission voted to approve 7-0.
Respectfully submitted,
Peggy Ammendola