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Conservation Commission Minutes, 04/03/2008
Conservation Commission
April 3, 2008
Minutes
Land Use Meeting Room

Members present:
Chair Neal Carpenter, NC; Joe Strauch, JS; Tim Flanagan, TF; Vince Ammendola, VA; David Lane, DL; Dick Ferren, DF
Absent with notification:  Rose Fitzgerald Casey, RFC

Staff present:  Peggy Ammendola, PA

There were no applications for tonight’s meeting.

March 20, 2008 Minutes:  DL made a motion to approve the minutes as presented and JS seconded the motion.  The Commission voted to approve 6-0.

Other business:

·       Housatonic River Clean Up:  Barbara Kellogg, representing the Lenox Health Department, informally addressed the Commission regarding General Electric Company’s plans to remediate PCB contamination (polychlorinated biphenyls) in the area of Woods Pond and Roaring Brook.  There was a lengthy discussion regarding the proposals by General Electric and the effect on Lenox Dale.   She asked the Conservation Commission to participate in meetings regarding the removal of the PCBs. The U.S. Environmental Protection Agency is reviewing GE's proposal and will have the final authority.  The informal public comment period ends on April 21, 2008.  The Commission agreed to participate in the Health Department meetings.

·       Post Farm:
        1.) DL reported to the Commission that four wheelers and trucks have been active throughout Post Farm.  He will inspect for damage.
        2.) NC updated the Commission on recent complaints about not having access to Post Farm from Willow Creek Road because of logs blocking the way.  The home of Margaret Allen, Map 48 Parcel 40, is accessed by Willow Creek Road as it has no frontage on East Street.   Willow Creek Road is an abandoned road that has been declared a private way.  NC stated that when a road is abandoned by the Town, the land reverts to the owners whose property abuts the abandoned road.  He has been in contact with Mary Albertson, Town Planner who has discussed this issue with Town Counsel.  Counsel has said that the Town has a legal right to access Post Farm via this point.  Town Counsel will write letters to the abutters of the abandoned road to advise them of this fact.

·       Sargent Brook Road: NC advised the Commission that property belonging to Fereal
Realty Trust, Map 1 Parcel 35, has recently been sold to Michelle Santangelo and Clearview P&B, LLC.  This property consists of wetlands and there is a history of it being cleaned up without consulting the Commission.  NC has spoken to the individuals responsible and explained that they are in violation of the Wetland Protection Act and that they must follow a procedure before doing anything to this property.  NC asked that PA write letters and send certified, return receipt, to the new owners explaining that the property would have to be delineated and an RDA filed before any work can be done on this lot.  PA sent letters on April 11, 2008 to both of the new owners.  Letters were mailed certified, return receipt requested.

Respectfully submitted,
Peggy Ammendola