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Town of Lenox, MA

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Conservation Commission Minutes, 03/07/2017
Lenox Conservation Commission
Landuse Meeting Room
March 7, 2017

Members present: Chair Neal Carpenter, (NC); Vince Ammendola, (VA); Tim Flanagan, (TF); David Lane, (DL); Joseph Strauch, (JS); Rose Fitzgerald Casey, (RFC);
Absent with notification: ; Dick Ferren, (DF)
Staff present: Peggy Ammendola, Land Use Clerk (PA)
Notice of Intent SMA, Pittsfield Municipal Airport (PMA), 0 West Mountain Rd., Map 27 Parcel 24.  The Public Hearing was closed on Feb. 16, 2017 and the Commission had 21 days to issue the Order The Commissioners met to deliberate the Order of Conditions (O of C) on February 23, 2017.  Additional time was required for TF, JS and DF to work on composition of the O of C.  On March 2, 2017 the Commission reviewed a working draft which had been compiled by TF as a result of the deliberation. Tonight’s meeting was to review “Working Draft-Version 2”.
(History-On May 15, 2014, the Conservation Commission issued a Negative Determination subsequent to PMA filing a Request for Determination for the re-clearing of an existing easement and the replacement of the existing beacon and beacon pole which had fallen into disrepair at property located at West Mountain Rd.  Subsequent construction activities resulted in additional impact within the areas subject to the Scenic Mountain Act and the need for site restoration of construction access within and adjacent to the easement on land of Mass Audubon.  There was an informal to discuss the subsequent construction on August 20, 2015 and the first hearing for the NOI that was filed on September 4, 2015 was held on September 17, 2015.  Update on October 1st and continued for another update on October 15th.  No one was present, nor was Commission contacted for the Oct. 15 meeting.  Continued to November 5, 2015 and at that meeting this was continued again to December 3rd.  The Lenox CC attended a meeting of the Richmond CC on November 10, 2015 at 7:00 PM. On December 3rd, the NOI was continued to Jan. 21, 2016. On Jan. 21, this was again continued to February 4th. At the Feb. 4th meeting this was continued to February 18th.  On February 18th, the seeding and grading phase was approved and the hearing was continued to July 21, 2016. On July 21, 2016 continued to Sept. 1, 2016 and again continued to October 6, 2016.  The latter meeting was canceled and continued to November 3, 2016 as per Stantec who stated that they needed information from John Burns, the peer review consultant, and correspondence from the Pittsfield City Solicitor regarding the language of the airport’s legal easement which will need to be reviewed by Town Counsel. Continued again to December 8, 2016, but prior to that, Stantec, stating that they had verbal agreements with all parties, request further continuation to have time to draft the document for final approval.  Continued to January 5, 2017 and at that time continued to January 19, 2017. A PMA representative was not available at that time. On January 19th it was agreed to continue again to Feb. 2, 2017 and that by January 27th, outstanding questions of the Commission would be prepared by TF and JS and submitted to Stantec. Continued to Feb. 16, 2017 when the Public Hearing was closed.)

Present were Gloria Bouillon, Manager of Pittsfield Municipal Airport and Chris Pedersen, Chair of the Pittsfield Municipal Airport Commission.

TF provided each of the Commissioners a copy of “Working Draft-Version 2”.  He said that he had put proper references in place and inserted additions and changes which had been agreed upon at the last meeting.  He asked that all review carefully and assist with proofreading and checking the foot note numbers.  

The Commission reviewed and discussed each item.  Additional changes were made and the Commission agreed to the Restoration Order by consensus.  PA will mail the Restoration Order (Form D-Order of Conditions) to Pittsfield Municipal Airport via Certified/Return Receipt and post to the Town bulletin board on March 8th.  The Commission will continue to work on the Findings.

Approve minutes: March 2, 2017 JS made a motion to approve the minutes as amended.  DL seconded the motion and the Commission voted to approve 5-0-1.  RFC abstained as she was not at that meeting.  

Respectfully submitted,
Peggy Ammendola

Lenox Town Hall  6 Walker Street, Lenox, MA 01240   PH: (413) 637-5500