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Lenox Calling Special Town Meeting
By Andy McKeever, iBerkshires Staff
03:06AM / Friday, October 31, 2014
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The Board of Selectmen set the town meeting for Nov. 18.
LENOX, Mass. — The Board of Selectmen has scheduled a special town meeting to move the proposed solar project at the landfill and waste-water treatment plant forward.
 
The special town meeting is scheduled for Tuesday, Nov. 18 at 7 p.m. in Town Hall. The warrant will feature three questions: one for the solar array, another to strengthen environmental protections on watershed lands and a third to specify the use of funds in the sewer budget.
 
"The latter two could wait but if we are going to call a special town meeting it makes sense to dispatch them all at once," said Town Manager Christopher Ketchen.
 
The Selectmen need town meeting approval to move forward with the solar projects the board is working on with the town of Lee. Town meeting had previously approved the project but that approval was specific to Broadway Renewables, which went out of business before the contract was executed.
 
The town sought out another developer and brought on consultant Beth Greenblatt. Now, the town has 18 prospective developers in which they hope to spend the winter narrowing down.
 
"We'll be interviewing potential developers this winter," Ketchen said.
 
He later said the 18 developers are the only ones allowed to bid on the request for proposal but it is a "it is a very competitive field." Town officials have already met with developers in a pre-bid meeting and are now waiting for the developers to file any questions they may still have about the project, Ketchen said.
 
But to execute a contract, town meeting needs to approve the new idea.
 
"We are carrying out the town's will as far as I am concerned," said Chairman Channing Gibson.
 
The second item asks voters to reaffirm that the town's watershed lands are protected by the state's Article 97, which places requirements on land use to protect the environment. The reaffirmation is what Ketchen says is the quickest way to put the town's own conservation restriction on the watershed land.
 
What that means is the town will make it more difficult for a developer with a plan like Kinder Morgan's pipeline to develop in Lenox's watershed. 
 
The conservation restriction adds another level of legal protection on that land the proposed Tennessee gas line is looking to go through. The conservation restriction has already been approved by voters but needs to be confirmed by the state.
 
"If we don't get this, we'd have to find another way to satisfy the state's need," Ketchen said, adding that he reaffirmation tactic was suggested by the town's attorney.
 
Also coupled with that is the acceptance of a section of land the Berkshire Natural Resources Council is giving to the town.
 
The final item is one Ketchen calls a "housekeeping item of minor significance." It adds language specifying that certain funds are to be used for the sewer budget, he said.
 
The Selectmen say that while they don't like holding special town meetings, the timeliness of the solar approval is important enough to do it.
 
"I feel this is a good reason to do it," said Selectman Ed Lane.
 
The Selectmen say they don't like special town meetings because attendance is lower. In order to reach a quorum, 1 percent of the registered voters who voted in the last state election is needed. The special town meeting is two weeks after Tuesday's election so how many people need to attend is unknown. But, with the last election being the presidential, the number was 35 and that is expected to be less for the historically lower turnout in midterm elections.
 
Selectman Dave Roche said strengthening protections on the watershed should drive more attendance because of the heavily debate Tennessee pipeline.
 
"I am hoping more people will come out to that," he said.
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