Lenox Conservation Commission
October 20, 2011
Minutes
Town Hall
Members present: Chair Neal Carpenter, NC; Joe Strauch, JS; Vince Ammendola, VA; Tim Flanagan, TF; Rose Fitzgerald Casey, RFC; Dick Ferren, DF; David Lane, DL
Staff present: Peggy Ammendola, PA
The first two agenda items were held in the Land Use Meeting Room.
Jane Winn, Berkshire Environmental Action Team (BEAT), Stream Crossing Surveys being conducted by Housatonic Valley Association and BEAT.
TF disclosed that he has a seat on the Board of Directors for BEAT.
Ms. Winn provided handouts to the Commissioner and discussed the organization’s mission which is to protect the environment for wildlife. Materials included a General Permit issued by the New England District of the U.S. Army Corps of Engineers; Instruction Guide for Field Data Form” Road-Stream Crossing Inventory; Field Data Form-Road Stream Crossing Inventory; and a map of the stream crossings in Lenox. Discussion ensued regarding the new Massachusetts crossing standards that are designed to improve wildlife passage and ways to help BEAT.
Philip Peeples 183 Housatonic St., Map 44 Parcel 64, NOI. Construction of an 8 foot tall concrete foundation under the existing single family home and to update the associated appurtenances.
There was a site visit on Wednesday October 12, 2011.
Presenting the application was Mike Kulig of Berkshire Engineering Inc. Also present was Mr. Peeples.
Mr. Kulig reviewed a revised plan which depicts less work than originally proposed. The applicant has chosen to repair the existing foundation instead of putting in a new one. He may put in a foundation with crawl space at the back room which is presently on piers.
NC advised the Commission that he had received an email from an abutter, Peter Knauf of 175 Housatonic St., who had questions regarding the project. NC explained and Mr. Knauf supports the work originally proposed.
TF made a motion to approve the NOI as proposed and DL seconded the motion. The Commission voted to approve 7-0.
Minutes: October 6, 2011-TF made a motion to approve the minutes as amended. JS seconded the motion and the Commission voted to approve 7-0
8:30 pm Kennedy Park Overlook NOI (SMA) Dr. Jordon Fieldman Memorial
Board of Selectmen’s Meeting Room
Present were Town Manager Greg Federspiel and Town Counsel Frederica McCarthy.
NC briefly explained to the gathering of approximately 25 residents that the Conservation Commission is the hearing authority for the Wetland Protection Act and Scenic Mountain ACT. He described the process for the public hearing. In addition, NC explained the intent of the SMA and said that the Commission would determine if the project was permitted under the SMA and if so under what conditions. NC informed the group that there are activities that are allowed under the SMA and said that they would be given an opportunity to make comments and ask questions after the applicant presented the Notice of Intent. NC acknowledged that this issue has been emotional, but reminded everyone that comments are limited to the SMA.
Mr. Federspiel told the Commission that on Wednesday, October 19, 2011, Attorney Robert Nathaniel Meltzer who represents Citizens Advocacy For All, opponents to the Memorial, requested that the Town of Lenox continue the public hearing as today was a religious holiday. Mr. Federspiel discussed with the Board of Selectmen and they agreed to Attorney Meltzer’s request. This afternoon Mr. Federspiel also spoke to Sonya Bykofsky, spokesman for the Advocacy Group. There were no objections to the proposed continuation.
RFC wanted all to be aware that the approaching winter may create a problem with construction if the CC determines that something has to be done.
JS made a motion to continue the public hearing to November 17, 2011 at 7:30 pm. TF seconded the motion and the Commission voted to agree 7-0.
RFC made a motion to adjourn at 8:40 pm. TF seconded the motion and the motion carried 7-0.
Other business
Martin & Judith Bloomfield, NOI, 323 West Mountain Road, Map 27 Parcel 3. Letter of October 11, 2011 from Greylock Design Associates stating that the Order of Conditions issued August 18, 2011 required stabilization of the driveway in the form of water bars, but that the site contractor feels the equivalent has been achieved through grading and other stormwater management techniques. The letter requests that the Order of Conditions be amended. The Commission will conduct a site visit on October 22, 2011.
Respectfully submitted,
Peggy Ammendola
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