Lenox Conservation Commission
November 17, 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
Absent with notification: David Lane, DL
Staff present: Peggy Ammendola, PA
David and Robin Friedman, 174 Main St., Map 46 Parcel 29, NOI. Renovations of the existing barn and to execute site improvements which include dismantling existing stone retaining walls and replacing with concrete walls, construction of a game court and upgrading sewer line. This meeting took place in the Land Use Meeting Room.
This Notice of Intent was filed in response to the Commission’s request that the previously submitted RDA be replaced with an NOI.
Making the presentation was Paul Tesoniero of Greylock Design who reviewed the site plan with the Commission.
There were eight members of the public present.
This Notice indicated increased silt protection from the previous RDA by using double silt fence with wattle in between. The heavy equipment used for the project will be kept as far away from the wetland as possible. Depicted on the plans are designated areas for stockpiling soil during construction. Mr. Tesoniero reiterated that soil piles that are left for two weeks or more will be seeded or covered with tarp. Additionally all heavy machinery will be refueled outside the buffer zone.
A question was raised about the removed stones of existing walls. Mr. Tesoniero responded that they will be reused on the property. It is anticipated that the stage involving the wall work will take a month and the final grading of the lower lawn will take a week and it will be seeded and mulched. All major activity will be at least 50 feet from wetland edge until the final grading.
VA made a motion to accept the project as proposed. TF seconded the motion and the Commission voted to approve 5-0-1. DF abstained as he is an abutter.
Kennedy Park Overlook NOI (SMA) Dr. Jordon Fieldman Memorial
The first hearing on this matter was scheduled for October 20, 2011. At this meeting Town Manager Greg Federspiel informed the Commission that Robert Meltzer, attorney for Citizens Advocacy For All requested a continuance. The Commissioners agreed to the request and rescheduled for tonight November 17, 2011.
This hearing took place in the Board of Selectmen’s Meeting Room.
There were approximately 17 members of the public present.
Present was Town Manager Greg Federspiel and Attorney John Stewart. Mr. Stewart was filling in for Town Counsel Frederica McCarthy who was unavailable for tonight’s hearing.
Upon the opening of the public hearing at 7:30 pm, Town Manager Greg Federspiel advised the Commission that Mr. Meltzer had requested that this hearing not proceed this evening and that the Town, as the owner and applicant, was willing to accept Attorney Meltzer’s request. Mr. Federspiel stated that Mr. Meltzer feels that there is a need for a more neutral venue to conduct a hearing for this project and the Town requests that the application be forwarded to Massachusetts Department of Conservation and Recreation (DCR) for a hearing and final determination.
NC responded by saying that the Lenox Conservation Commission is the hearing authority for the Scenic Mountain Act, and believes that it has to go through the Commission. Whatever the decision, it can then be appealed to the DCR by anyone. NC said that he feels that the Commission would agree to a continuation to a date and time certain.
Sonya Bykofsky wanted clarification from Mr. Federspiel that Attorney Meltzer did not in fact request that this matter go before the DCR. Mr. Federspiel responded: “Your attorney, in his letter to us, suggested that this is not a neutral enough venue.” Ms. Bykofsky pressed for confirmation that her attorney did not request for this matter to go before the DCR. Mr. Federspiel responded that Ms. Bykofsky’s attorney requested a neutral venue and that he (Mr. Federspiel) does not know who that would be if not the DCR.
NC again told Ms. Bykofsky that the Commission is the hearing authority and that the process is that appeals go to the DCR.
TF made a motion to continue the hearing to January 5, 2012 at 7:30 pm. JS and VA seconded the motion and the Commission voted to agree 6-0.
NC told all who were present that the continued hearing would be in the same location as tonight unless a larger crowd warrants a larger space. He added even though the auditorium had been set up for both hearing dates for this matter, a larger room was not needed for tonight’s hearing nor was a larger room necessary for the October 20, 2011 hearing. This was in response to a November 15, 2011 complaint filed by the group Citizen’s Advocacy For All which alleges that the Commission intentionally ignored their requests that the hearings be held in the Town Hall auditorium. (Several seats were unfilled at tonight’s hearing.)
Bera Dunau, a reporter for the Beacon, asked the Commission about the threat of law suit if the Fieldman Memorial was not moved in two weeks. NC responded that he was not aware of that.
Kate McNulty-Vaughan sought clarification for the origin of the request for the continuance. She was told that the Town agreed to the continuation as the result of the written request made by Attorney Meltzer.
Arriving after the continuation of the hearing was Commissioner David Lane.
Approve Minutes:
November 3, 2011: VA made a motion to approve the minutes with corrections and DF seconded the motion. The Commission voted to approve 6-0-1. DL abstained as he was not at this meeting.
Other business:
Cranwell Resort staff house: NC updated the Commission on the remediation agreed upon at the November 3, 2011 meeting. He and VA met with Rob Hoogs of Foresight Land Services on November 14, 2011 prior to the commencement of the work. NC met with Mr. Hoogs again on November 15, 2011 and NC approves of the progress towards compliance.
RDA Kennedy Park Committee for property known as Kennedy Park and located at West Dugway Rd., Map 22 Parcel 21. NC informed the Commission that he has heard from Natural Heritage and that the Kennedy Park project falls under the MA Endangered Species Act, therefore requires review through a direct filing with the NHESP for compliance with the MESA. This meeting is continued from November 3, 2011 to December 1, 2011 at 7:45 pm.
RFC made a motion to adjourn at 7:55 pm and JS seconded the motion. The Commission voted to adjourn 7-0.
Respectfully submitted,
Peggy Ammendola
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