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Commission approves 240‑ft beach‑path railing at Berkshire Hills Leisure Lee; Scenic Mountain Act exemption applied
Summary
The commission found the Scenic Mountain Act exemption applicable where the Wetlands Protection Act governs and approved a 240‑foot metal railing along a beach path at Berkshire Hills Leisure Lee, amending the project description wording from 'fence' to 'rail' to reflect design intent.
The Lee Conservation Commission approved a request for determination under the Scenic Mountain Act on June 17 for a 240‑foot metal railing along a beach path at Berkshire Hills Leisure Lee.
Clay Squire, a Berkshire Hills Leisure Lee board member, described the proposal as a safety improvement to assist an increasingly older population that uses the beach path. He said the railing will be metal posts set into the ground with a metal tube across the top and that the applicant plans to minimize disturbance by avoiding poured concrete footings if feasible.
Commissioners reviewed whether the Scenic Mountain Act applies; staff noted the act exempts activities governed by the Wetlands Protection Act. The commission voted that the Scenic Mountain Act does not apply to the portion of the project subject to wetland protections and then approved the RDA while amending the project description language to read "rail" rather than "fence."
Commissioners asked the applicant to document installation methods that will minimize disturbance and to provide clearer details about post installation in the record.
