Lenox Conservation Commission
August 19, 2010
Minutes
Town Hall
Members present: Chair Neal Carpenter, NC; Joe Strauch, JS; Vince Ammendola, VA; Rose Fitzgerald Casey, RFC; David Lane, DL; Tim Flanagan, TF
Absent with notification: Dick Ferren, DF
Notice of Intent, David Ward, LD Associates, Inc., 55 Pittsfield Rd, Map 17 Parcel 40. Construction of townhouses and associated driveways, parking and infrastructure. File # 198-0255 (Previous file number which is still open: # 198-217) Bob Fournier of SK Design, Inc., requested a continuance from originally scheduled hearing of Feb. 18, 2010. First meeting held on March 11, 2010, continued to April 1, April 15, May 20, June 3, July 1, 2010, July 15, 2010, August 5, 2010.
Present were Jim Scalise of SK Design Group, David Ward and Matt Ward of LD Associates.
Mr. Scalise stated that the applicants are requesting that the Commission approve the applicant’s request for an amendment to the Order of Conditions, DEP file number 198-217 and extend the Order of Conditions for three additional years from the expiration date of November 14, 2010.and to also accept the applicant’s withdrawal of DEP file number 198-0255.
Mr. Scalise submitted a letter formally requesting withdrawal of DEP file number 198-0255.
With regards to the wood turtle, Mr. Scalise stated that Ed Stockman has been contacted and he will request that Mr. Stockman consult with TF. Mr. Scalise emphasized that LD Associates will follow through with Mr. Stockman’s recommendations. The Commission will be kept informed and the plan will be submitted for their approval.
Mr. Scalise asked that the name of applicant for the Amendment to the Order of Conditions be changed from David Case to LD Associates to reflect the new ownership of the property.
Discussion ensued regarding the applicability of the current stormwater management standards.
DL made a motion to accept the Amended Order of Conditions and VA seconded the motion. The Commission voted to approve 5-1 with TF opposing.
DL made a motion to extend the amended Order of Conditions for an additional three years to Nov 14, 2013. JS seconded the motion and the Commission voted to approve 5-1 with TF opposing
RFC made a motion to accept the withdrawal of DEP file number 198-0255 and close that public hearing. DL seconded the motion and the Commission voted to approve 5-1 with TF opposing.
Certificate of Compliance, Ellen Merritt, Lime Kiln Rd, Map 27 Lot 18-1. DL made a motion to issue the C of C and RFC seconded the motion. The Commission voted to approve 6-0.
Minutes of August 5, 2010: DL made a motion to approve the minutes and RFC seconded the motion. The Commission voted to approve 6-0.
Other business:
Laurel Lake Preservation Association, Inc., In a letter dated August 11, 2010 received from Ray Grogan of Laurel Lake Preservation Association, he is requesting that the Lee and Lenox Conservation Commissions agree to move up their hearing date from October 18, 2010 to Monday, September 20, 2010. Mr. Grogan also submitted on that same date an Amended NOI requesting “a three foot drawdown for the purposes of controlling invasive species…” Initially Peggy Ammendola, Land Use Clerk for the Town of Lenox, told Mr. Grogan that a hearing could not be moved up to a date earlier than a date certain that was announced at the last hearing. Due to his insistence, she inquired of the Lenox Town Manager, DEP, and subsequently of Town Counsel. It was
determined that if a new Public Hearing notice was advertised, abutters notified and both Commissions agreed to the new meeting, the hearing date could be earlier.
Discussion ensued with the Commission’s concern being whether this was ethical, as they wanted to be certain that all interested parties be notified of the new date. Based on the information provided by the aforementioned authorities and supported by Town Counsel, the Commission agreed to meet at the applicant’s request.
DL made a motion that the joint hearing meeting date which was continued until October 18, 2010 be changed as requested by LLPA at the earlier date of September 20, 2010, 7:00 pm at the Lee Town Hall with the provision that LLPA will be responsible for submitting a press release stating the NOI has been amended and scheduled for the earlier date of September 20, 2010 at least a week prior to the date of the meeting, that the Public Hearing Notice will be advertised and the abutters notified. VA seconded the motion and the Commission voted to agree 6.0.
Site Visits August 26, 2010
1) August 26, 2010, at 48 Sargeant Brook, property owned by Ronald Knudson
2) Property bordering Morgan Manor Driveway off of Housatonic St.
RFC made a motion to adjourn and JS seconded the motion. The Commission voted to adjourn at 8:45 pm.
Respectfully submitted,
Peggy Ammendola
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