Lenox Conservation Commission
April 3, 2014
Minutes
Town Hall
Members present: Chair Neal Carpenter, NC; Vince Ammendola, VA; Tim Flanagan, TF; Joe Strauch, JS; David Lane, DL; Dick Ferren, DF; Rose Fitzgerald Casey, RFC
Staff present: Peggy Ammendola, PA
7:30 pm Request for Determination of Applicability, Housatonic Railroad Co., Inc. for property located at railway right-of-way along Housatonic River. The proposed project is for spraying herbicide in the buffer zone along Housatonic Railroad’s right-of-way adjacent to the Housatonic River. On April 1, Brendan Amy asked to move to April 17th, as he will be in town for an April 17th Pittsfield CC meeting and he is coming from Maine.
RFC made a motion to reschedule this meeting to April 17th. DF seconded the motion and the Commission voted to agree 7-0.
Rob Hoogs, Foresight Land Services, representing Tom Spencer, who is asking the Commission to write a favorable letter to the Board of Selectmen supporting Mr. Spencer’s request that the Town take possession of the land owned by Sawmill Realty, Inc. which is located at the entrance of Stone Ledge, at Housatonic St., i.e., Conservation Restriction.
Mr. Hoogs gave a brief history of the effort to place this land under a Conservation Restriction. The subdivision has been built and the Town has accepted the road. There are three parcels which are along Housatonic Street, 2 are a part of Stone Ledge and the other adjacent parcel is referred to as Bartoni property, and is already owned by the Town. The parcels were reserved as CR properties. The process to put the properties into Conservation Restriction was started years ago, but in the process between the town and the state, it was never finished. The Conservation Commission signed off on this in the beginning as well as Natural Heritage. The regulations changed, so new documents had to be prepared, and are now still in process. Sawmill Realty, Inc. Tom Spencer, owns the two parcels
at Stone Ledge, and he wants to donate them to the Town. Mr. Spencer is asking that the Commission write a letter to the BOS recommending that the Town consider accepting the gift subject to the Conservation Restriction. They are looking to Lenox Land Trust to hold the Conservation Restriction.
There would be no maintenance required for this property as it is to be left in its natural state. There is a vernal pool on the parcel known as Bartoni property. These parcels are undevelopable land, so there is no value. Mr. Spencer wants to dissolve the corporation.
JS made a motion to write a letter to the BOS with the recommendation the Town consider accepting the gift subject to the Conservation Restriction. TF suggested the motion be amended to include that the Town acquire the land for open space. VA seconded the motion and the Commission voted to agree 7-0.
Mark Stinson, Circuit Rider MassDEP, update of proposed regulatory changes-
Mr. Stinson told the Commissioners that there will be a workshop on regulatory changes on April 14. 2014 and referred them to the MassDEP website for further details. He gave a brief overview of some changes. Additionally he spoke of Certificates of Compliance, in that studies have indicated many projects are not followed up on, but were issued Certificates.
Other business:
Mr. Stinson told the Commission that he has received complaints from fisherman regarding the lack of fish in Stockbridge Bowl, with each passing year more noticeable. Draw down and hydro raking have been mentioned as a concern and possible cause.
Two RDAs under the Scenic Mountain Act relative to beacons have been submitted by Pittsfield Municipal Airport and are on the April 16th agenda.
Approve minutes-March 20, 2014 TF made a motion to approve the minutes as written. DF seconded the motion and the Commission voted to approve 6-0-1. RFC abstained as she was not at that meeting.
VA made a motion to adjourn and RFC seconded the motion. The Commissioners voted to agree and the meeting was adjourned at 8:42 pm.
Respectfully submitted,
Peggy Ammendola
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