Lenox Conservation Commission
November 21, 2013
Minutes
Town Hall
Members present: Chair Neal Carpenter, NC; Vince Ammendola, VA; Tim Flanagan, TF; Joe Strauch, JS; Dick Ferren, DF; David Lane, DL; Rose Fitzgerald Casey, RFC
Staff present: Peggy Ammendola, PA
Also present were Bruce and Jane Winn, Scott Laugenour and Paul Thomas Newton-Irelan.
Toole Properties 2001, Inc. & Toole Properties 2006, Inc. Conservation Restrictions, 445 Pittsfield Rd., Map 33 Parcel 1. Continued from November 7th for clarification.
Attorney Phil Heller and Joe Toole were present.
Attorney Heller explained that years ago Mr. Toole wanted to establish a hotel on his property and only needed a portion of the property for the density of the hotel; therefore he wanted to put Conservation Restrictions on the remainder which consists of wetlands, ponds and endangered species. Two parcels are involved, the larger one is 64 acres abutting the Audubon Bird Sanctuary and the smaller one is 43 acres plus 2.655 acres. (The reason for the two sections in the smaller parcel is to reserve the portion of a pond.) The CR shelters the Mass Audubon property from any development that may occur on Routes 7 & 20. Public access to the CRs land would be via Molly Way.
In 2006 the Conservation Commission, agreeing that the preservation of this property was in the public’s interest, issued a Certification, a requirement before the state would approve the CRs. The proposed CRs were then forwarded to the state for review and approval. Attorney Heller explained that due to health issues and the death of Sally Bell, who had partnered in the creation of the CR, he had failed to follow up with the state and the CRs were lost. In the interim, the state has changed the forms, and because of this, he has to restart the process which is why he has returned to the Commission to ask for the recertification of the reconstructed CRs.
After the approval by the state, the state will send it back to be approved by the BOS, Conservation Commission and the Land Trust who will hold the CRs.
Attorney Heller presented the reconstructed CRs and pointed out that the Commission had noted at the November 7th meeting there was no public access to the CR areas. This has been corrected and there is now in place an easement from Molly Way which ensures public access to the property. The easement on these CRs is not as agreed on the originals, but after discussion the Commission determined that this was sufficient.
DL and TF went through each of the provisions of the CRs, comparing with the provisions of the original CRs to make sure that the CR property was fully opened to public access and that it conformed to the provisions of the originally approved CRs. Attorney Heller promised the Commission he would provide revised copies of the CRs and updated plan showing the new access provisions. He provided copies of the signed certificate.
Attorney Heller reiterated that all reserved rights on the land will be reassigned to the Lenox Land Trust who would be the sole authority and carry the responsibility for maintenance and regulations necessary to make sure the land is maintained in accordance with the CR. This is to flow in perpetuity.
Notice of Intent, Mitch Greenwald, Trustee for property located at Martha Lane, Map 18 Parcels 46,47,51,52,57 and 58. The proposed project is the alteration of an on-site wetland buffer zone to allow for the construction of a gravel road, utilities, swale, driveways, septic and 2 single family houses. Continued from November 7th. Rob Akroyd of Greylock Design Associates contacted NC prior to this meeting to ask for another continuance, citing more work is necessary regarding the road easements. DL made a motion to continue to December 5th at 7:30 pm and RFC seconded the motion. The Commission voted to agree 7-0.
NOI, Broadway Electrical Co., Inc., Willow Creek Rd., Map 14 Parcels 2 and 3-Installation of a photovoltaic solar array within the buffer zone. Originally scheduled for October 17, 2013, but applicant requested to continue to Nov. 7th. At that hearing, it was agreed to continue to Nov. 21st for additional information. On November 19th, applicants requested this to be continued to December 5, 2013. DF made a motion to continue the hearing to December 5th at 8:00 pm. JS seconded the motion and the Commission voted to agree 6-1, with TF casting the dissenting vote. A list of deficiencies in the NOI and correspondence received from the DEP regarding post landfill closure information was added to the file.
Other business:
Certificate of Compliance for EPRI, Electric Power Research Institute, 115 East New Lenox Rd., Map 34 Parcel 1. TF made a motion to issue a C of C and VA seconded the motion. The Commission voted to approve 7-0.
Correspondence from Jeffrey Reel regarding Broadway Electric received on November 21st was put into the file and copies were given to all Commissioners.
Approve Minutes-November 7, 2013-DL made a motion to approve the minutes with amendments and DF seconded the motion. The Commission voted to approve 7-0.
RFC made a motion to adjourn at 8:50 pm. DF seconded the motion and the Commissioners voted to adjourn 7-0.
Respectfully submitted,
Peggy Ammendola
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