<FCFORMSHEADER>
<?xml version="1.0"?>

<!DOCTYPE FIRSTCLASS SYSTEM "firstclass.dtd">

<firstclass>

	<fcobject objtype="oConfItem" formid="144" objname="Howard Siegel">

		<field id="3" index="0" type="number">-1008075257</field>

		<field id="8018" index="0" type="number">23032</field>

		<subject index="0" >September, 25 2007</subject>

		<tonames index="0" >StockbridgeMA_BComm</tonames>

	</fcobject>

</firstclass>

</FCFORMSHEADER>
CONSERVATION COMMISSION MINUTES
September 25, 2007                   

PRESENT: Sally Underwood-Miller, Chair, convened the meeting at 7:05pm.  Members present: Cathy Plakun, Steve Shatz, Jim Schantz and John Hart. Absent: George Shippey and Joe DeGiorgis.

Minutes Approval: Member Shatz made a motion, seconded by Member Schantz to approve the Minutes of September 11, 2007.  Unanimous.

Reviewed the “Big Harvester” Summer ’07 Log – Chair Underwood-Miller noted the number of entries in regards to the loads of weeds removed from the Stockbridge Bowl.  She stated that the Stockbridge Bowl Association (SBA) reported that there are a lot of snails and turtles living in the lake. 

Gottlieb – 2 Lakeview Drive – Brent White from White Engineering presented in regards to the Certificate of Compliance. His father, Marshall White, inspected the property for compliance with the Amended Order of Conditions issued by the Commission.  The work has been completed with the exception of the subdrains around the house.  The silt fence has not been removed, Brent requested a Partial Order of Conditions to remove the fence due to the dry season.  If in spring ’08 wet conditions dictate, the silt fence would be put back up and the subdrains would be done, all within the previously established timeline.  Past that time limit would require a refilling/extension. 
Chair Underwood-Miller stated the Certificate of Compliance will be issued at the next Conservation Commission meeting (October 9, 2007).

Berkshire Theatre Festival – Kate Maquire, Artistic Director and CEO for 13 years began the discussion.  BTF will be celebrating 80 years in Stockbridge.  Facing several issues involving its campuses – Playhouse, Route 7, Main Stage, etc.  Six years ago the board committee looked at the Lavan Center on Route 7 and updated it, the committee has moved on to look at the Main Stage campus, buildings and landscape issues, as well as parking, lighting, walking from Unicorn Theatre to Main Stage. The focus to look toward audience amenities.
Craig Okerstrom-Lang, Landscape Architect, presented plans.  First plan was of existing conditions with intermittent stream.  Master Plan has been in the works since November ’06.  Recent survey done by Foresight Engineers noted the 100’ buffer zone.  Plan for better parking, lighting, drainage, audience amenities, pre-theatre… light meal, more seating, creating West and East campuses, and eliminating traffic between these two campuses.  Member Hart asked about the intermittent stream which leaves property in southeast direction. Craig stated that Steve Mack of Foresight will address stream and drainage issues.  Craig indicated locations of proposed gravel parking, removal of exposed ledge, drainage solution of a bio-retention system within the buffer zone.  This is described as a highly vegetated swale system.  Proposed plan would also include a pedestrian link between the West/East campuses, gift shop, café, pockets of landscaping, terrace, lighting, staff parking and addresses handicap access.  Preliminary Master Plan already presented to Board of Selectmen.  Brief overview- “Raingarden” – Member Hart asked what exactly does the term mean?  A bio-retention pond with native plants that will trap sediment and interrupt the travel of stormwater runoff.  Member Shatz asked what is the area of disturbance?  Response was that it’s all on-site and approximately 1 Ac. 
Steve Mack from Foresight took over.  Steve stated that Foresight analyzed the watershed through the subject property, neighbors’ properties and the Housatonic River.  On an aerial photo, Steve identified Routes 7 and 102 and location of subject property.  On a topo map he pointed out drainage flow – followed the path of the intermittent stream (30 Acres) from North under Rte 7(East Street) to Unicorn Theatre across property to under Rte 102 (East Main Street) to Lincoln Lane  and then down to the Housatonic River. Mass Highway’s existing undersized 12” culvert (under Rte 102) is crushed and broken.  According to Steve, Mass Highway had a new design plan for a 30” culvert, which is in agreement with Foresight’s recommendation, however, Steve has not seen the design and was told the State doesn’t have the funding nor a schedule for this project.  Kate Maquire stated a meeting has been set with State Rep. Smitty Pignatelli for assistance in this matter.
Abutting property owners present were Jorja Marsden, Fran Scharfenorth, Nancy O’Brien and Sherry Johnson.  Downstream neighbors expressed frustration with existing and mounting water problems.  Steve Mack presented an aerial photo taken in the 1940’s of the subject area, pointing out the BTF property and buildings, intermittent stream and wetlands – the two houses abutting the property did not exist at that time.  He stated the BTF property similar to today.  Stream flowed under Rte. 102 and discharged.  Photos of 1950’s shows stream routed around into undersized culvert – 8” orange pipe.  Mack indicated the two houses were built in wetlands, it’s possible that the builders of the houses were responsible for putting in the pipe.  Concrete diversion wall in backyard still exists but is ineffective.  In a 1973 photo the wetland is smaller in area.  Water is impounded behind Nancy O’Brien’s house.  Nancy says water is always flowing.  Foresight’s Concept Plan is to reconfigure drainage.  Member Hart had spoken to abutter Tom Farley about the BTF parking lot catch basin.  According to Farley, the drain is undersized and the swale has the water go onto Farley’s property.  Sheri Johnson, Nancy O’Brien’s sister, raised questions as to whether the Army Corp of Engineers would be contacted, does the DEP approve Bio-Retention Systems and is it possible that the BTF originally put in the 8” orange pipe?  Nancy received an estimate of $33,000 from an engineer to fix the problem – she stated that it’s too much of a burden on the homeowner.  Contractor Billy Williams (under the NOI) cleaned out the stream and the swale and this may have increased the amount and flow of water.
A question was raised as to the State’s responsibility.  Chair Underwood-Miller stated that under regulations water flows downhill, funnels into yards – not under Wetlands Protection Act.  Steve Mack believed existing conditions, not due to BTF.  Chair Underwood-Miller noted increased volume of water all over Stockbridge, especially in town.  She sited examples of past projects (Marian Fathers, Tavitian) that increased water flow impacted abutting properties.  The Conservation Commission had approved the work, it was active and within the Conservation Commission’s jurisdiction.  Otherwise, the Conservation Commission is limited in what it can do.  Unicorn Theatre and handicapped parking are the only changes over years.  Kate Maquire stated they are trying to solve the problem.  Member Schantz suggested neighbors should try to help each other, a civil matter, Mass Highway should be involved.  Nancy O’Brien is frustrated, has been seeking advise for 3 years, feels no one is listening.  She stressed that live trees and plants are falling over, has paid for removal, concerned with BTF parking lot gas and oil in soils, and Fran Scharfenorth’s foundation has to be replaced.  Jorja Marsden had concerns about the rock ledge removal and how this would effect the water flow to those properties along East Main Street (Route 102).  As it is, sump pumps run all the time. Jorja expressed that the BTF use to mow and manage the grounds but now it appears the area of wetlands has expanded.  She wanted clarity on the raingardens hoping that there wouldn’t be more wetlands.   Craig Okerstrom-Lang said they will be shallow, a broad vegetative swale, not a wetland.  Creative way to deal with drainage.  Further discussion on the effectiveness of the bio-retention systems-reduce runoff on site, found to be tremendously effective.  Member Plakun mentioned examples exist at the Berkshire Botanical Garden and at Berkshire South.  Chair Underwood-Miller reiterated that the Conservation Commission has no jurisdiction nor authority.  Conservation Commission’s charge to protect wetlands and the Housatonic River.  However, she would like to see Mass Highway as part of the project and requested from Steve Mack information regarding the Mass Highway culvert, location, size, outlet location.  Mass Highway has a significant responsibility to see the functions in place.
Kate Maquire mentioned meeting/tour with Senator Ben Downing October 15. A meeting was scheduled Sept. 26 at 1:30pm at the Main Stage Parking with Rep. Pignatelli, Larry Salvadore, Mass Highway. Chair Underwood-Miller requested email addresses and she would email them.  The Conservation Commission would like to see Mass Highway cooperate – there is evidence of flooding, overflow, and concern over Mass Highway not knowing where the outlet is and the existing system is not functional. Stockbridge Highway Superintendent Clint Schneyer to be contacted to be present at 1:30 meeting.

Other Business:
Read correspondence regarding Grossman dock, 9 Mahkeenac Terrace. Commission will look at file at next meeting.
Read cc’d letter to Planning Board from Atty Lori Robbins representing Haldor Reinholt regarding Indian Meadows Subdivision – common driveway.  Chair Underwood-Miller and Member Shatz  suggested reviewing Order of Conditions.  Will look at Indian Meadows Plans at next meeting.  Commission will contact Terry Eucker to look at it with plans.
Member Schantz went on site visit to Gould Meadows and found mowing in a no-cut zone.
Jurisdictionals signed for 14 Mohawk Lake Road and 58 Mahkeenac Road
RDA for Joan’s Beach Nominee Trust and RDA for Lucy Jensen 
signed by Commission

MACC 2007 Fall Programs - Excellent Programs

Member Hart made motion to adjourn at 9:00pm, seconded by Member Schantz and all voted in favor.
					Respectively submitted,

Kristin Garner, Temporary Secretary