Lenox Conservation Commission
February 21, 2013
Minutes
Town Hall
Members present: Chair Neal Carpenter, NC; Vince Ammendola, VA; Joe Strauch, JS; Tim Flanagan, TF; David Lane, DL; Dick Ferren, DF; Rose Fitzgerald Casey, RFC
Staff present: Peggy Ammendola, PA
Edward Merritt, Lime Kiln Rd., Map 27 and portion of Parcel 18: This is relative to the Enforcement Orders issued on August 3, 2012 for MA DEP File Numbers 198-0234, “House Lot” and 198-0219, “Studio Lot”. This matter has been continued as follows:
In 2012-
August 16
September 20
October 4
November 1
November 15
December 20
In 2013-
January 17
February 7
Through this series of meetings and continuations the Commission reviewed the required remediation and the applicant’s plans and goals for compliance. Partial agreements were achieved during the course of the last six months, with exception of the Commission’s request that the property owner submit in writing his request for amendments relative to the “Studio Lot”.
On February 13, 2013, Mr. Akroyd submitted via email a request which stated that the applicant requests the following amendments to the originally filed Notice of Intent and subsequent Order of Conditions for MA DEP file number 198-0219-Studio Lot:
- Installation of a three rail post and rail fence instead of the stone wall.
- Revise the original planting plan to include Pinus strobus and Fraxinus americanus in quantities and locations indicated on approved site plan.
- All changes are reflected in a drawing with a final revision date of 12/20/12.
NC advised that all of the information requested for both lots has now been received.
MOTIONS:
JS made a motion to withdraw the enforcement order on the “House Lot” MA DEP File Numbers 198-0234. DL seconded the motion and the Commission voted to agree 7-0.
VA made a motion to withdraw the enforcement Order on the “Studio Lot” MA DEP File Number 198-0219. TF seconded the motion and the Commission voted to agree 7-0.
PA will write a letter to the applicant to advise of the withdrawals of both Enforcement Orders.
Note: Both of the Orders of Conditions that were violated, 198-0234 which expired December 6, 2010 and 198-0219 which expired June 15, 2009, fall under The Permit Extension Act which extended both by four years. Refer to the act at this link: http: www.mass.gov/hed/economic/eohed/pro/zoning-laws/permit-extension-act.html. As a result of this Permit Extension, File Number 198-0234 has been extended to December 6, 2014 and 198-0219 has been extended to
June 15, 2013.
Approve minutes: JS made a motion to approve the minutes of February 7, 2013. DL seconded the motion and the Commission voted to approve 7-0.
Other business:
TF advised the Commission that the OSRP survey is now online. The students at Conway School of Design will be following up with a report of the results of the survey.
The Commission requested that PA ask the Town Manager if the Commission could have a lap top computer. It was noted that they must utilize DEP online data during meetings.
Additionally the Commission again asked that the existing antique conference table be removed from the Land Use meeting room and replaced with the former table citing that the existing table is uncomfortable for most and some members do not have clearance for their legs.
After the meeting, PA sent an email to the Town Manager regarding the two above issues.
RFC made a motion to adjourn the meeting. DF seconded the motion. The Commission voted to adjourn 7-0 and the meeting was adjourned at 8:20 pm.
Respectfully submitted,
Peggy Ammendola
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