Lenox Conservation Commission
December 1, 2011
Minutes
Town Hall
Members present: Chair Neal Carpenter, NC; Joe Strauch, JS; Vince Ammendola, VA; Tim Flanagan, TF; Dick Ferren, DF; David Lane, DL
Absent with notification: Rose Fitzgerald Casey, RFC;
Staff present: Peggy Ammendola, PA
Jim and Carol Weber, 248 Osceola Notch Rd., Map 25 Parcel 1. Property owners meeting with Commission to discuss a complaint of tree cutting.
Present were Jim Weber and Edward and Gloria McMahon.
The McMahons presented copies of their letter of complaint dated December 1, 2011. Mr. McMahon reviewed the contents of the letter including his concern that trees were cut on the Weber property in violation of the Scenic Mountain Act.
NC stated that he observed that the tree removal by the Webers was normal maintenance. Additionally he pointed out that between the Weber’s lot line and McMahon’s is a 200 foot wooded lot. VA said that he had looked at the stumps and agreed with NC.
JS asked if the McMahons had specific cause of violation of the Lenox Scenic Mountain Act. Mr. McMahon responded that the Webers did not ask permission.
JS made a motion that there has not been a violation of the SMA in this complaint. VA seconded the motion.
Discussion ensued and TF made two points:
1) There has not been a violation of the performance standards of the SMA.
2) The Commission felt that there was reason to investigate and did so.
TF told Mr. McMahon that the Webers have already been advised by the Commission that cutting trees does fall within the jurisdiction of the SMA. He also noted that future work proposed by Mr. Weber may need to be reviewed by the Commission.
Mr. Weber asked TF for clarity on that statement as he recalled a conversation with the Commissioners at the site visit on October 22, 2011 during which time he asked for a permit to cut down two other trees. He stated that a Commissioner responded that he did not have to have a permit and he thought that everyone was in agreement. TF reviewed the definitions in the SMA Regulations and read aloud:
2.2 g- Alterations-Removal or destruction of plant life, including clearing of trees in a ground area of more than 5,000 square feet.
2.5 Clearing is cutting or otherwise removing 50% or more of canopy coverage.
VA gave his opinion that the Act was engineered for clear cutting and clear cutting did not take place in the situation. The trees were cut for maintenance purposes.
The Commission voted to agree 5-0-1. DL abstained as he did not participate in the site visit.
Kennedy Park Committee for property known as Kennedy Park, RDA, West Dugway Rd., Map 22 Parcel 21, perform maintenance improvements to an existing +/- 6 foot wide pedestrian foot trail. Continued from November 3, 2011. Still awaiting to hear from NHESP therefore DL voted to continue to Jan 19, 2011 at 7:45 pm. VA seconded the motion and the Commission voted to agree 6-0.
Martin & Judith Bloomfield, NOI, 323 West Mountain Road, Map 27 Parcel 3.
This item had been placed on the agenda in mid November, but the paperwork was never filed.
Approve Minutes-November 17, 2011-DF made a motion to approve the minutes as amended and TF seconded the motion. The Commission voted to approve 5-0-1. DL abstained as he was not present at that meeting.
Other business:
1) Rob Hoogs will be in for Certificates of Compliance for Cranwell Resorts on December 15, 2011.
2) Richard Heiss has requested a Certificate of Compliance for December 15, 2011.
3) Laurel Lake Preservation Association (LLPA)-Copies November 22, 2011 letter/report from LLPA’s consultant, Dr. Ken Wagner, WRS, Inc. were given to Commissioners for their review.
Respectfully submitted
Peggy Ammendola
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