Conservation Commission
July 17, 2008
Minutes
Land Use Meeting Room
Members present: Chair Neal Carpenter, NC; Tim Flanagan, TF; Vince Ammendola, VA; Dick Ferren, DF
Members absent with notification: Rose Fitzgerald Casey, RFC; David Lane, DL; Joe Strauch, JS;
Notice of Intent, Mass Highway 270 Main St., Map 17 Parcel 57, capping of an inactive solid waste disposal area. Continued from June 5, 2008, June 19, 2008, July 3, 2008 pending re-delineation.
DF made a motion to continue to August 7, 2008 at 7:45 pm. VA seconded the motion and the Commission voted to agree 4-0.
RDA, Town of Lenox, reclaiming and repaving of some streets within the town. No excavation other than reclaiming of the existing pavement and there is no pipe excavation. This is scheduled for August 7, 2008 at 7:30 pm.
Cliff Van Reed, West Dugway Rd., Map 22 Parcel 7. NC spoke to Bobby Piccolo of B&B Landscaping regarding changes to driveway.
Hampton Inn, 439 Pittsfield Road, Map 33 Lot 1. TF advised the Commission of that he has noted inconsistencies regarding the installation of the stormwater drainage system. NC has spoken to Aaron, an equipment operator, who is working on the site. The Commission determined that they will send written notification advising Joe Toole and SK Design there may be a violation of the Wetland Protection Act. PA will write the letter and submit to the Conservation Commission members for approval prior to mailing.
Cranwell, Map 39, property bordering Walker and Lawton Streets-Ongoing problem with stormwater management. The Commission has determined that they will send written notification to Cranwell and Rob Hoogs of Foresight Engineering. PA will write the letter and submit to the Conservation Commission members for approval prior to mailing.
Margaret Allen, Map 48 Parcel 40, is accessed by Willow Creek Road as it has no frontage on East Street. (See minutes of April 3, 2008) The access to Post Farm from Willow Creek continues to be blocked by logs and pallets. This issue was discussed with Town Counsel approximately five months ago. Town Counsel determined that the town has legal right to access Post Farm via this point and Town Counsel advised the Town Planner that he would notify the abutters of this fact and send a copy of that letter to the Conservation Commission for their records. As of this date, this has not been done. The Commission has asked PA to notify Town Counsel and asked that he follow through with notification. PA will send notification to Town Counsel via the Town Planner, Mary Albertson.
Scenic Mountain Act-The Commission asked PA to contact the Town Planner to request the return of the Scenic Mountain Act map that was submitted for approval.
Sagalyn, 40 Sargent Brook Road, Map 1 Parcel 29-NC advised that a building permit has been granted for a shed that is in front of the home. He determined that because of the location and previously filed and approved RDA (June 2007), a sign off for the Building Commissioner was appropriate.
Minutes-June 19, 2008-DF made a motion to approve the minutes and TF seconded the motion. The Commission approved 5-0.
DEP, Mark Stinson-NC advised the Commission that Mr. Stinson has requested to have a workshop to discuss Orders of Conditions and how best DEP can affirm the Commission’s decisions. Four dates were suggested and the Commission agreed to schedule the workshop on September 4, 2008. The time could be as early as 6:30 pm. PA will contact Mr. Stinson to advise.
DEP-Lenox Gateway-NC also advised that Mark Stinson had spoken to him regarding the DEP Superseding Order on this appeal and if the Commission had anything in writing to support the Commission’s claim of agreements made with Jim Scalise of SK Design. NC explained that the agreements were made in the field at a site visit; therefore there was nothing in writing.
DPW-West and Housatonic Streets: Jeff Vincent of the DPW advised NC that the DPW would be cleaning ditches. NC approved as maintenance.
J. Hornyak, 230East Street Map 8 Parcel 168 A building permit was granted to replace a rotted deck. NC was contacted by the Building Commission to see if there were issues due to an intermittent stream on the property. NC gave approval as it was merely a replacement, with no change in footprint.
Respectfully submitted,
Peggy Ammendola
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