Vol. III No. 17 9/1/2022
Notes from ConCom, August 23, Hybrid meeting
- Ron Brouker, Chair
- Sally Underwood-Miller
- Joe DeGiorgis
- Jamie Minacci
- Tom LaBelle
- Lisa Bozzuto
- Chuck Kohrer
- William Loutrel
- Consultant from Fleetwood, David Cameron
- Minutes of July 26 accepted as corrected; minutes of August 9 accepted as written.
- Gould Meadows
- A vote by the SB to use Gould Meadows for parking for the Josh Billings RunAground was approved but should not have been because Meadow is under a conservation restriction.
- Purchased with some private donations and a substantial grant from the Commonwealth. Therefore, Massachusetts imposed severe restrictions on land use
- Only ConCom can entertain proposal for uses other than those allowed under conservation restriction and then those have to be approved by MA Sec. of Environmental Affairs
- Minacci explained it was a crisis — Tanglewood gave short notice that they were pulling out of providing parking and finish live activities for the Josh — placing Town in untenable position.
- In future — cannot allow non-approved activities like parking
- Chair explained Gary Johnston mows the meadow for no charge in exchange for hay. Now the Town has the equipment to take over the task
- Public Hearing — 16 Beachwood — Underwood-Miller asked consultant David Cameron from Fleetwood what to do. This has been on the ConCom agenda a very long time. Contractor for the owners, Gregg Wellenkamp, ignores ConCom — never appears. Required to follow up with a replanting plan after clear-cutting trees. What action is available to ConCom to encourage compliance? Cameron asked if ConCom gave clear instructions in writing. Yes. Cameron will respond — said there were a number of things ConCom could do.
- Underwood-Miller working with Jeff Lynch on behalf of Annie Selke to get a Certificate of Compliance (COC). Issue is property lines. After property was divided — half is in Lenox and half in Stockbridge. Be sure to attach COC to proper piece of land.
- 38 Lake Drive — special permit
- Changes to plan in line with ConCom suggestions
- Hearing closed — permit approved
- 8 Meadow Lane — permit for an inground pool — lawn — 80 feet from wetland
- 12 Larrywaug Crossroad — no one present — continued
- "Peer Review" by Fleetwood
- 12 acres — "determine resource area"
- Cost $2800.
- Kate Fletcher, Chair PB, asked question about 36 Lake Drive (next door to 38) They came before PB and included in their plans was a wall 2-3' high and 40' Long. She asked about how to address walls
- Cameron said there are many considerations: impeding runoff, impeding wildlife access to water, blocking access to habitat, destroying habitat
- Bozzuto said the ConCom Performance Standards (still at Town's Counsel) includes standards for walls
- DeGiorgis said there are also aesthetic considerations
- Cameron proposed general guidelines for all new walls that may enable ConCom to deny permits for walls
- Jay Rhind submitted a form as general contractor for 8 Hawthorne. Underwood-Miller said although required, first time ConCom ever received one
- Underwood-Miller asked if Fleetwood could review Lake Management Plan. Brouker was concerned about costs and will ask Canales
- Hope that Town Counsel hurries up with Performance Standards
- Bozzuto asked about a tree protection bylaw — to be discussed
- LaBelle said ConCom has rights it rarely uses and passed out list. One was the right to take property by eminent domain or purchase property. Someone asked if there was money for that. Underwood-Miller said Mary Flynn gave $5000 in her will to ConCom and the total right now is about $28,000
- Suggestion made that ConCom advertise that they would like donations to that fund.
- Underwood-Miller said from 1974 — 1997 all the requests for permits fit in a single file drawer. After 1997, a file drawer per year is hardly enough
Editor's notes: 1. Peer Reviewer can: Review applications & make reports/opinions * Go to meetings and present findings * Draft Conditions * On-site monitoring * Resource area survey & delineation * Analysis of Resource Area Values * Hydrogeologic & Drainage Analysis * Impacts on conservation lands & environmental or land use law 2. A Resource Area is land (not the water) subject to protection under the Wetlands Protection Act because it borders water or wetlands
Photo: Joan Gallos