 |
Lenox Conservation Commission
Landuse Meeting Room
November 19, 2015
Minutes
Members present: Chair Neal Carpenter, (NC); Vince Ammendola, (VA); Tim Flanagan, (TF); Joe Strauch, (JS); David Lane, (DL); Rose Fitzgerald Casey, (RFC); Dick Ferren, (DF)
Staff present: Peggy Ammendola, Land Use Clerk (PA)
Notice of Intent, Mitch Greenwald, Trustee, Martha Lane, Map 18 Parcels 46, 47,51,52,57 and 58. 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. The altered BVW will be replaced with the recreation of a BVW that connects the two onsite BVWs. Continued from October 1st to October 15th for further information. On October 15th, the Commission received an email from Rob Akroyd of Greylock Design Associates requesting that this hearing be continued to November 5, 2015 to adequately respond to some of the legal issues raised by the Commission. On November 4th, Mr. Akroyd again asked via email
for a continuance until November 19th. He said that Mitch Greenwald has been in contact with Town Counsel Joel Bard. Attorney Greenwald will be sending a letter to Attorney Bard “early in the week” of November 2nd for Attorney Bard’s response regarding the Town’s legal position on the subject property.
NC provided copies of two letters received from Town Counsel Joel Bard and Attorney Greenwald and read aloud a letter he received today from Mr. Akroyd requesting another continuance to December 3rd “as we continue to wrestle with legal matters”. NC summarized the two letters from the attorneys and stated that Attorney Bard agrees with Attorney Greenwald that the NOI presented does not have enough information, and somewhat too much information. NC believes that when the attorneys have resolved the legal issues which would have to conform to the court findings presented at an earlier meeting this may continue. Two NOI’s would then need to be filed. One NOI would be for the road, which involves four property owners; Arnst, Macalin, Jarvis and another owner next to Jarvis. The second NOI would be
for the proposed construction. DF made a motion to continue this matter to Dec 3rd at 8:15 PM. DL seconded the motion and the Commission voted to agree 7-0.
Other Business-
Mr. and Mrs. Dmitriy Shoutov regarding Mass DEP file number 198-0233.
November 10, 2015-NC met at Canyon Ranch with Rob Hoogs of Foresight Land Services and some construction people of Five Star Corp. They had asked NC about cutting trees and they were given permission to do so prior to putting in the silt fence. NC will return to the site on November 23rd to inspect.
November 16, 2015-NC, TF and DL met with Joe Cardillo, an abutter to the Yokun Seat/Beacon project. He wanted the Commissioners to see the trail on his property and as it continues beyond his property to the site of the beacon. They traveled by an ATV on his land, and then walked the rest of the way to the site.
Site visit-RDA, Carrie Berry, 118 Plunkett, November 27th at 1:00 PM.
Approve Minutes-
November 5, 2015-JS made a motion to approve the minutes with edits. RFC seconded the motion and the Commission voted to approve 7-0.
November 10, 2015 VA made a motion to approve and TF seconded the motion. The Commission voted to approve 4-0-3. RFC, JS, and DF abstained as they were not present at that meeting.
RFC made a motion to adjourn at 8:40 PM. JS seconded the motion and the Commission voted to agree 7-0.
Respectfully submitted,
Peggy Ammendola
| |
