Lenox Conservation Commission
August 7, 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
NOI, Donald Roy, 225 Kemble St., Map 3 Parcel 49. The proposed project is to upgrade the existing septic system within or outside the buffer zone of the BVW.
DF made a motion to continue this hearing to August 21, 2014 at 7:30 pm to permit time for the Commission to have a site visit. RFC seconded the motion and the Commission voted to agree 7-0.
NC will coordinate a site visit.
Toole Properties, Pittsfield Rd., Map 33 parcel 1, Certificate of Compliance, File Number 198-0223.
On 8/4 NC and JT went to Foresight Land Services to meet with John Campetti to discuss putting the CR easement on the plans.
Presenting the request for the C of C were Attorney Phil Heller and Joe Toole of Toole Properties. Attorney Heller said that the Conservation Restriction has been approved by the Commonwealth of Massachusetts and recorded at the Registry of Deeds. A plan depicting an easement of practical access which measures 600 feet long and 4 feet wide was presented to the Commission as well as two letters. One letter, dated August 7, 2014 from Joe Toole, states he agrees to execute and record instruments creating the proposed right of way and ten foot wide parking easement described on the plan. The second letter from Attorney Richard Dohoney confirms Mr. Toole’s commitment and states: “The easement and right of way shall be perpetual, shall run with the land and, therefore, be binding on any
successor owners of the property.” It was agreed that Mr. Toole’s letter which stated that the execution and recordation of the instruments would be done within 60 days could be edited to be “within 120 days” to be in agreement with Attorney Dohoney’s letter.
After a brief discussion, Attorney Heller added the following note to Mr. Toole’s letter: “Toole Properties 2001, Inc., and Toole Properties 2006, Inc. will erect appropriate signs identifying “Trail Heads” and “Parking Trail Location” within the said 120 days and will maintain the four foot wide right of way.”
TF ask that both of the letters explicitly name the plan with the date so that it supersedes all others. Attorney Heller complied.
A site visit was on August 1, 2014 and attended by Mr. Toole, TF, JS, NC, DF and VA.
RFC made a motion to issue a Certificate of Compliance and JS seconded the motion. The Commission voted to approve 7-0.
Site visits:
Cranwell Stump Dump- On August 4th NC approved the silt fence and granted permission for the work to commence on August 5th. Site visit was attended by NC, Mark LeVasseur and contractor.
58 Galway-Kevin Holden had called NC regarding the removal of trees near an intermittent stream which are large and close to the house which is resulting in rot to the side of the house. NC had site visit with owner Kathy Kearns on August 5th and advised that an RDA should be filed. NC called and relayed that message to Kevin Holden.
Other business:
Robert Speilman, 56 East Dugway Dr., Map 17 Parcel 52/53-On July 16, 2014, via email, Rob Akroyd of Greylock Design Associates sent an email which had a link to Wetland Replication Hydrology Report and Supporting Documentation for Robert and Jacqueline Spielman, dated July 2014. Unable to download the documents, we asked for and received four hard copies.
Eastover-NC advised that an NOI for a proposed septic system has just been filed. He will be setting up a site visit.
Root Reservoir Water Treatment Plant-Another NOI is expected to be filed very soon for some improvements at the location on Reservoir Road.
Approve minutes: DF made a motion to approve the minutes of July 17, 2014 and TF seconded the motion. The Commission voted to approve 7-0.
TF made a motion to adjourn and JS seconded the motion. The Commission voted to adjourn 6-0. DF had left just prior to the motion.
Respectfully submitted,
Peggy Ammendola
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