Lenox Conservation Commission
November 3, 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
Kennedy Park Committee for property known as Kennedy Park, RDA, West Dugway Rd., Map 22 Parcel 21, performance of maintenance improvements to an existing +/- 6 foot wide pedestrian foot trail.
Site Visit-On October 22, 2011 attended by NC, VA, TF, and JS and Rob Akroyd.
Rob Akroyd of Greylock Design Associates was present and he stated that he has sent information to Natural Heritage and is awaiting their response.
TF made a motion to continue the hearing to December 1, 2011 at 7:45 pm. VA seconded the motion and the Commission voted to agree 6-0.
Robert and Jacqueline Spielman, RDA 1 Fair Wynds Dr. Map 4, portion of Parcel 74, filling a depression, lift and extend grade, and construction of a gravel service cart path.
Site Visit-On October 22, 2011 attended by NC, VA, TF, and JS and Rob Akroyd.
Rob Akroyd of Greylock Design Associates made the presentation and reviewed the site plan. All work is being done in the buffer zone.
The Commission discussed and determined that the isolated wetland is not jurisdictional.
VA made a motion to issue a Negative 4 Determination and TF seconded the motion. The Commission voted to approve 6-0.
David and Robin Friedman, RDA 174 Main St., Map 46 Parcel 29, 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.
Site Visit-On October 22, 2011 attended by NC, VA, TF, and JS and Rob Akroyd.
DF disclosed that he is an abutter to the property.
Rob Akroyd of Greylock Design Associates made the presentation and reviewed the site plan. He stated that he anticipated that this would be an 18 to 24 month project.
TF wanted a more complete description of work and the ability to condition the project. NC felt that the RDA could be conditioned, but TF argued that the NOI with conditions would be more easily enforced.
TF made the motion that a Positive 4 Determination be issued and that an NOI be filed for this project. JS seconded the motion and the Commission voted to approve 4-2. NC and RFC opposed.
Foresight Land Services, informal discussion regarding the Cranwell Resort staff house. On October 21, 2011 an email from Karen Hirschberg, Wetlands Program of MA DEP was received by the Land Use Department. Ms. Hirschberg was notifying the Commission that the Wetlands Program had received a complaint regarding salt storage and possible filling at the Cranwell Resort in Lenox.~ Ms. Hirschberg submitted both a GIS photo of the subject area where she believed the purported violations occurred as well as a copy of the Complaint Registry Log relative to the complaint. Immediately upon receipt of Ms. Hirschberg’s email, PA notified NC.
Site visit on October 22, 2011 attended by NC, VA, JS and TF.
On October 24, 2011, NC advised PA to send a letter to Cranwell to “cease and desist in any further activity” and request that they schedule a time as soon as possible to appear before the Commission to discuss this issue.
PA followed through with NC’s request and on October 24, 2011 a Certified and Return Receipt letter was sent to Carl Pratt, General Manager of Berkshire Cranwell LTD. NC had already made contact with Rob Hoogs of Foresight Land Services, one who has historically handled matters relative to conservation and wetlands for Berkshire Cranwell. Mr. Hoogs agreed to come before the Commission tonight. Mark Levasseur, another engineer with Foresight, accompanied Mr. Hoogs.
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Mr. Hoogs told the Commissioners that he notified the contractor immediately upon hearing from NC of the complaint received by DEP and that activity had ceased. He has spoken to Peter Burack, owner of the resort, who apologized for any violation that may have occurred.
Mr. Hoogs explained that the area of complaint had been partially filled 5 s New Roman;font-size:9pt;color:#000000;">2) James and Carol Weber, 248 Osceola Notch Rd. Attended by NC, TF, JS and VA. This visit was precipitated by a complaint from Ed. McMahon who questions whether the Webers are in violation of the Scenic Mountain Act as trees have been taken down on the Webers property. On October 14, 2011 a Certified, Return Receipt Requested letter was sent to the Webers advising them to cease and desist of any further activity and to contact the Conservation Commission as soon as possible to discuss the matter. The Webers agreed to the site visit.
3) Ed McMahon, Osceola Rd., Richmond. Attended by NC, TF, JS and VA. This visit immediately followed the one to the Weber’s property.
Minutes: October 20, 2011-DF made a motion to approve the minutes as amended. JS seconded the motion. The Commission voted to approve 6-0.
Other business:
Michael Cooney, 46 Sargent Brook Rd., Map 1 Parcel 27, Certificate of Compliance. NC went to the site on October 12, 2011 and advised the Commission that the project had been completed as approved. VA made a motion to issue a Certificate of Compliance and RFC seconded the motion. The Commission voted to approve 6-0.
Schweitzer Mauduit International, 2 Mill St., Map 2 Parcel 31, Certificate of Compliance. VA and NC visited the site on October 22, 2011 and approved of the project work. Both noted that the silt fence should be removed as soon as possible. PA relayed this information to Paul Gaudette of Schweitzer Mauduit on November 4, 2011. VA made a motion to issue a Certificate of Compliance and JS seconded the motion. The Commission voted to approve 6-0.
Toole Property Conservation Restriction-439 Pittsfield Rd., Map 33 Parcel 1- A letter to the Commission dated October 31, 2011 was received from Attorney Philip Heller advising that he has met with Joe Toole concerning the Conservation Restriction referenced in Lenox Conservation Commission’s letter of August 4, 2011. Mr. Heller has been authorized by Mr. Toole to complete the process for submitting the Conservation Restriction (CR) and accompanying documentation to the Executive Office of Energy and Environmental Affairs for approval. Lenox Land Trust, Inc. will hold the CR.
Kennedy Park Overlook- Sonya Bykofsky, Secretary for Citizens Advocacy For All asked the Commissioners if her letter of September 21, 2011 had been received. In her letter she specifically referred to Section 11.0 Violations and Enforcement, 11.1 of the Town of Lenox Scenic Mountain Regulations:
“Any person, except a bona fide purchaser for value without notice, who purchases or otherwise acquires land upon which an activity has been done in violation of this MGL Chapter 131, Section 39A or in violation of an order issued under MGL Chapter 131, Section 39A, shall forthwith comply with the order or restore the land to its condition prior to any violation.”
In her letter she stated that the Belvedere at the Overlook violated this law and that she and her group were requesting that the “Commission enforce the ordinances by ordering the removal of the memorial for failure to comply”.
NC responded that the letter had been received, scanned and forwarded to the Commissioners, and that he was prepared to acknowledge at the October 20, 2011 meeting, but that meeting was continued at her attorney’s request. NC also advised Ms. Bykofsky that the Commission had addressed the content of her letter before at a previous meeting (August 18, 2011).
(Excerpt from the August 18, 2011 meeting minutes referred to in the above paragraph: Additionally TF explained to Ms. Bykofsky Section 11.1 of the Scenic Mountain Regulations which states that if someone purchases a property on which there was a violation, the purchaser “owns” the violation and would have to comply.)
Ms. Bykofsky acknowledged that this had been discussed before, but she wanted to put her statement in writing.
RFC made a motion to adjourn the meeting and TF seconded the motion. The Commissioners voted to adjourn at 9:15 pm by a vote of 6-0.
Respectfully submitted,
Peggy Ammendola
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