Loading...
Conservation Commission Minutes 2007 Northampton Conservation Commission Minutes for January 11, 2007 Members present: Paul Wetzel, Leslie King, Mike Vito, Reuven Goldstein Staff Present: Bruce Young Mike moved to approve minutes for 11/09/2006 Reuven seconded the motion All in favor 5:30 PM Request for Determination of Applicability filed by the Massachusetts Highway Department to determine whether the installation of an Intelligent Transportation System and related site work on Interstate 91 in the City of Northampton is subject to the Wetlands Protection Act. Timothy Meyer and Merrill Mandell presented from MassHighway Mike moved to close hearing Leslie seconded the motion All in favor Leslie moved to issue a negative determination with General Conditions Reuven seconded the motion All in favor 6:13 PM Request for Certificate of Compliance filed by the Berkshire Gas Company c/o Richard Nasman for Order of Conditions-DEP File # 246-577. Mike motioned to approve the Certificate of Compliance Leslie seconded the motion All in favor 6:15 PM Continuation of a request by the Northampton Department of Public Works to trap beavers in the Barrett Street Marsh Conservation Area Paul explained to the Commission the current beaver situation in the Barrett Street Marsh Ned Huntley and Paulette Kuzdeba from the DPW explained their worries about flooding Mike motioned to approve the installation of a Beaver Deceiver downstream of the detention basin, give permission to remove the dam upstream of the detention basin and allow a gate to be installed over the upstream culvert opening under the bike path. Leslie seconded the motion All in favor 7:00 PM Wayne Feiden requested that the Commission sell conservation property along Hockanum Road to the United States Fish and Wildlife Service (USFWS) for permanent protection as part of the Silvio O. Conte National Fish and Wildlife Refuge. Mike motioned to sell the property to USFWS Leslie seconded the motion All in favor Other Business: Ratification of a Wetlands Protection Act Emergency Certification Form issued on December 14, 2006 for the repair of a septic system at 131 Riverbank Road. Ratification of a Wetlands Protection Act Emergency Certification Form issued on December 16,2006 for the removal of the top of a beaver dam and installation of a beaver deceiver system at the Barrett Street Marsh by the Northampton Conservation Commission and Skip Lisle of Beaver Deceivers International. Northampton Conservation Commission Minutes for January 25, 2007 Members present: John Body, Paul Wetzel, Susan Carbin, Leslie King, Mike Vito, Reuven Goldstein Staff Present: Bruce Young Paul Wetzel opened the meeting at 5:30 PM 5:30 PM Notice of Intent filed by James Harrity for the construction of 88 residential condominium units. Work will take place in the buffer zone to Bordering Vegetated Wetlands. Project location is 360 North King Street, Map ID 13-36. 5:30 PM Jim Harrity and Aharon Scharf presented the plans The applicants stated that the plans have been revised to remove the detention basin in the buffer zone and replaced with a bioretention area outside of buffer zone. Mike moved to close the hearing Sue seconded the motion All in favor Mason moved to issue general conditions 1-32 Sue seconded the motion All in favor 6:00 PM Informal meeting with Dan Nitzsche of Baystate Environmental Consultants, Inc. to discuss potential development options and constraints on three parcels located on Rocky Hill Road (Route 66) owned by John, Edward and Timothy Zielinski. 6:00PM 6:28 PM Meeting with Wayne Feiden Wayne asked for approval to move forward on property northwest of route 66 property at an offer of $2000/acre. Wayne asked for approval to move forward on property off of Route 10 near the Old Polish Club at an offer of ~$1000/acre John motioned to allow OPD to move forward on the two properties Sue seconded the motion All in favor 7:30 PM Mike nominated Mason to the Community Preservation Committee Sue seconded the motion All in favor 7:45 PM Meeting adjourned Northampton Conservation Commission Minutes for February 08, 2007 Members present: John Body, Paul Wetzel, Leslie King, Mike Vito, Reuven Goldstein Staff Present: Bruce Young 5:30 PM Request for Determination of Applicability filed by Lyle LaBarge to determine whether the installation of a deck is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is 17 Old Ferry Road, Map ID 25C-247. John moved to close the hearing Leslie seconded the motion All in favor John moved to issue a negative determination checking box #2 with condition that the applicant provides the conservation commission with receipts for the compensatory storage Leslie seconded the motion All in favor 5:45 PM Request for Determination of Applicability filed by Rochelle Griffin to determine whether the installation of a porch is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is 498 Spring Street, Map ID 16A-009. Jim Ross of JDR Builders PO Box 66 Whatley,MA 01093 presented the plans John moved to close the hearing Reuven seconded the motion All in favor Reuven moved to issue negative determination box 2 John seconded the motion All in favor 6:00 PM Request by Beals and Thomas, Inc. to Amend Order of Conditions for the Earle Street Reconstruction Project-DEP file # 246-587. John moved to continue to February 22, 2007 in the Hearing Room of City Hall Reuven seconded the motion All in favor John moved to give the Office of Planning and Development support for the Riverways Grant Leslie seconded the motion All in favor Mike motioned to invite a staff member of the Natural Heritage and Endangered Species Program (NHESP) to a Conservation Commission meeting for a general discussion on NHESP policies and procedures John seconded the motion All in favor 7:05 PM meeting adjourned Conservation Commission Meeting February 22, 2007 Members present: Sue, Mike, Reuven, Paul Staff present: Bruce Young 5:30 PM Jeff Barnes from Environmental Consulting Services presented on behalf of the State Police Jeff explained that the proposed 4” diameter PVC injection wells will be drilled to a depth 20’-25’ Sue moved to close the hearing Mike seconded the motion All in favor Sue moved to issue negative determination checking box 2 Mike seconded the motion All in favor 5:59 PM Sue moved to adjourn Mike seconded the motion All in favor Northampton Conservation Commission on March 8, 2007 Members present: Paul, Mike, Sue, Mason, Reuven, John, Leslie Staff Present: Bruce Young 5:30 PM 5:31 PM Executive Session John moved to go into executive session for purpose of land acquisition Mike seconded All in favor Roll call-Paul, Mike, Sue, Mason, Reuven, John, Leslie Wayne Feiden presented potential purchase of a 58-acre parcel on Chesterfield Road John motioned to support the Office of Planning and Development to purchases the entire parcel at $1000 acre, in fee, with limited logging rights or to support the Office of Planning and Development to purchase a Conservation Restriction for $900 an acre with logging rights Sue seconded the motion All in favor Sue moved to come out of Executive Session Mike seconded the motion All in favor Roll call-Paul, Mike, Sue, Mason, Reuven, John, Leslie The members of the public were informed that the Commission was in Executive Session only to discuss land acquisition in Northampton 5:42 PM Alan Verson Alan explained to the Commission that he would like to amend his Order of Conditions to replace the Coir matting that is required in the Order of Conditions with hydroseeding. Alan stated that the hydroseeding would stabilize the soil on the slope adjacent to the Mill River. The Commission felt that if Alan would like to move forward an amendment to the Order of Conditions, he should submit a formal request to the Commission. The Commission also stated that he should be able to prove, beyond a reasonable doubt, that the new plan would stabilize the slope and protect the river from sedimentation and potential hazardous material contamination. The proof of the new stabilization methods would need to be approved by a Licensed Site Professional and show that the slopes would not erode during typical storm events. 6:21 PM Paul Wetzel presented a short slide show of the Connecticut River in the Pioneer Valley during the 1984 flood event. 6:49 PM Bruce presented a letter to be sent to residents of the Cardinal Way Subdivision. Sue motioned to send the letter Mason seconded the motion All in favor John nominated Paul as Chair Mike seconded the motion All in favor Mike nominated Reuven as Vice Chair John seconded the motion All in favor Sue nominated Reuven for Channel Marker Committee member John seconded the motion All in favor Reuven nominated Sue for Tree Committee member John seconded the motion All in favor John motioned to have a working meeting on March 29, 2007 at 5:30 PM in the Hearing Room of City Hall to work on improving the wetlands ordinance Reuven seconded 7:15 PM Educational Session with Mark Stinson, Circuit Rider for the Department of Environmental Protection 8:41PM Sue motioned to adjourn Mike seconded All in favor Northampton Conservation Commission Minutes for March 29, 2007 Members present: Mason Maronn, Paul Wetzel, Susan Carbin, Mike Vito, Reuven Goldstein Staff Present: Bruce Young Paul opened the meeting at 5:30 Mason moved to go into executive session for land acquisition purposes Sue seconded the motion All in favor Mason, Sue, Mike Reuven, Paul Wayne Feiden introduced a change in a Conservation Restriction (CR) at Smith College allowing parking by the new apartments and providing a new CR along the Mill River to connect to the State Hospital land. Mike motioned to support the change in CR for an additional CR Sue seconded the motion All in favor Sue moved to come out of executive session Mason seconded the motion All in favor Mason, Sue, Mike, Reuven, Paul 5:43 PM Wayne Feiden Clarke School offering a Conservation Restriction of 1500 square feet between 32-38 Round Hill Road small grove of trees for frontage of infirmary building Sue moved to accept Conservation Restriction on Round Hill Road Mike seconded the motion All in favor 5:47 PM The Commission signed the new page of the Conservation Restriction for the Beaver Brook Estates. 5:48 PM Ratification of Enforcement Order for Cooley Dickinson Hospital 5:55 PM John Body arrived 5:57 PM Mike motioned to submit only the wetlands section of the proposed wetlands ordinance to the Ordinance Committee. Mason seconded the motion Mason, Mike, Reuven and Paul voted in favor John and Sue voted against Final vote in favor 4-2 Meeting adjourned Northampton Conservation Commission Minutes for April 12, 2007 Members present: Mason Maronn, Paul Wetzel, Susan Carbin, Leslie King, Mike Vito, Reuven Goldstein Staff Present: Bruce Young Paul opened the meeting at 5:30 pm 5:30 PM Don Willard introduced himself to the Commission Leslie moved to take field trip to the jeep eater parcel with the Commission and Don Willard Sue seconded the motion All in favor Zukman@aol.com Don’s email for notification of site visit time and date 5:47 PM Training session on the Massachusetts Forest Cutting Practices Act with Carmine Angeloni, Service Forester, Massachusetts Department of Conservation and Recreation Carmine Angeloni District Service Forester 6:38 PM Notice of Intent filed by James Harrity to construct and perform site work for two single homes. Work will take place in the buffer zone of Bordering Vegetated Wetlands and an intermittent stream. Project location is 61 Meadow Street, Map ID 22B-12. 6:38 pm Jim Harrity presented the plans Mason moved to close the hearing Reuven seconded the motion All in favor Sue moved to issue general conditions, accept staff recommendations with 100-pound boulders placed 5 feet from the top of slope, and raingardens shall be built for the existing home and the proposed home. Mason seconded the motion All in favor 7:00 PM Request for Determination of Applicability filed by Alan Vogel to construct a staircase and platform foundation. Work will take place in Riverfront Area. Project location is 119 Arch Street, Map ID 10D-25. Alan Vogel presented the plans Sue motioned to close the hearing Leslie seconded the motion All in favor Sue moved to issue negative determination checking box two John seconded the motion All in favor 7:10 PM Request for Determination of Applicability filed by Lucas Development to remove three vegetation piles and remove shrubs less than 2” in diameter. Work will take place in the buffer zone of Bordering Vegetated Wetlands. Project location is Rocky Hill Road, Map ID 44-110, 101, & 102. Mason moved to close the hearing Leslie seconded the motion All in favor Mason moved for negative determination checking box 2 John motioned to issue staff recommendations, sedimentation control barriers must be stabilized and hydroseeded with a conservation mix, and all materials to be removed must be marked and and approved by the commission before removal Leslie seconded the motion All in favor 7:20 PM Certificate of Compliance filed by Donna Cushing for Order of Conditions DEP File #246-395 John moved to issue the Certificate of Compliance Mike seconded the motion All in favor Discussion on Wetlands Ordinance Mason moved to accept the Mineral Hills Conservation Area License for Agricultural Use Leslie seconded the motion All in favor Meeting adjourned Northampton Conservation Commission Minutes for April 26, 2007 Members present: Mason Maronn, Paul Wetzel, Susan Carbin, Leslie King, Reuven Goldstein Staff Present: Bruce Young Paul Wetzel opened the meeting at 5:30 PM 5:30 PM Request for Determination of Applicability filed by Tom Bacis to determine whether parcel #3 on the Wetland Delineation Plan prepared by Heritage Surveys is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project Location is Route 66, Map ID 41-74, Parcel #3 on the plan. Mason moved to close the hearing Sue seconded the motion All in favor Sue moved to issue a negative determination Leslie seconded the motion All in favor Discussion on Beaver Brook Subdivision Recommendation from the Conservation Commission Public Comment: Deb Jacobs 32 Grove Ave-stated that she is disappointed with the quality of forest management on the site Rick Hart 68 Leonard Street-stated that upland habitat is important and the Commission could remind to Planning Board of the importance of the upland habitat at this site George Kohout-stated that he would like to see large boulders placed along the property lines and the conservation area Lora Sandhusan 32 East Center Street-stated that she would like the Commission to ask the Planning Board to deny all waivers. Amy Bookbinder 88 Grove Avenue-stated that she would like a recommendation to deny waivers. Jim Montgomery-stated that he would like the Commission to request that the forest cutting permit be denied Emily Woodward 44 Evergreen-asked the Commission what compromises they made to be able to accept the current plan Sue moved to not change the current recommendations by the Conservation Commission Mason seconded the motion All in favor 8:02 PM Cooley Dickenson Hospital Enforcement Order Dave Pickart and John Furman from VHB presented a restoration plan Dave stated that the current disturbance could allow invasive species to take over area and that all invasives will be removed from the site Sue moved to accept the restoration plan Meeting adjourned Northampton Conservation Commission Minutes for May 10, 2007 Members present: Paul Wetzel, Susan Carbin, Leslie King, Mike Vito, Reuven Goldstein Staff Present: Bruce Young Paul Wetzel opened the public hearing 5:30 PM Notice of Intent filed by Microcal, LLC to construct an addition to a building and an addition to the parking lot. Work is proposed to take place in Bordering Vegetated Wetlands. Project location is 22 Industrial Drive, Map ID 19-22. Rick Brown-MicroCal, Mike Lui-The Berkshire Design Group, Mickey Marcus-NEE, Inc. presented the plans Reuven motioned to continue until May 24, 2007 at 6:00 pm in Hearing Room of City Hall Sue seconded the motion All in favor Wetlands Ordinance Discussion Paul informed the public of the ordinance process and provided background information on the current proposal Norma Roche 42 Laurel Park-asked if 100 ft around a resource area is protected or if work is allowed within 100 ft with a permit Michael Pill-37 Leverett Road Shutesbury Representative of Bob Raymond stated that the Commission should withdraw the vernal pool section Henry Lyman-asked what is happening in Wildlife Corridor Joel Russell-stated that the City currently does not own the Business Park, but they would have public input for development and he would like the Commission to move forward with ordinance as it is proposed Mary Shanley Koeber-Massachusetts Audubon-stated that there has been an amazing amount of restoration of species and habitat in Audubon/wildlife corridor area and she would like to see additional protection to the Route 10 corridor. She stated that she would like the vernal pool section added to wetlands ordinance. Bob Bissell-Maynard Road-President of Broad Brook Coalition-stated that the vernal pool section was removed after negotiations on the entire ordinance and should be restored. He also stated that there is no evidence that property values will be reduced for land with resource areas and vernal pools. He would like additional protection for the Route 10 wildlife corridor. Downey Meyer-urged the commission to take stand and not negotiate any further on the proposed ordinance. Irresponsible development costs all citizens money. He would like the vernal pool section restored. Mary Goettiner-requested that the conservation commission put the vernal pool section back into ordinance does not want reduced buffer for Business Park. Brandon Abbott-Easthampton-stated that he would like to look into wildlife corridor protection and has some information-would like to see vernal pools reinserted into the wetlands ordinance Rose Goldstein-would like to see vernal pools reattached with the wetlands section Janet Bissell-would like vernal pool section joined with wetlands section Ellie Shelburne Route 10 business owner supports protecting wetlands and vernal pools Eilene Hirsh-Same as above-Keith Davis-Florence-Would like to see more protection for wetlands and vernal pools and vernal pools reattached Virginia Shulden-supports vernal pool protection and reattachment Michael Pill-stated that attaching the vernal pool section will sink the entire ordinance Downey Meyer-stated that vernal pools section should be in ordinance and City Council has been hiding behind the Commission and they should make a recommendation and move it to the entire City Council Frank Olbris-stated that the Ordinance committee should pass the ordinance to protect all resource areas Alexander Janko-stated that he feels the Commission has been placed in a tough position because the ordinance committee is making the commission split the ordinance without providing funds for a vernal pool education campaign. Commission discussion on wetlands ordinance Reuven motioned to submit an op-ed piece to clarify the intent of the wetlands ordinance Sue seconded the motion All in favor Reuven motioned to submit the wetlands ordinance section (as is)/vernal pool section as one ordinance to ordinance committee John seconded votes Sue-Yes John-Yes Mike-No Reuven-Yes Leslie-Yes Paul-No Motion carried Mike motioned to adjourn Leslie seconded All in favor Northampton Conservation Commission Minutes for May 24, 2007 Members present: Paul Wetzel, Susan Carbin, Leslie King, Mike Vito, Reuven Goldstein Staff Present: Bruce Young 5:30 PM Paul opened the public hearing Reuven moved to go into executive session to discuss land acquisition with Wayne Feiden Mike seconded All in favor Role call-Leslie, Sue, Reuven, Mike, Paul, Wayne, Bruce Discussion on Doug Kohl’s property on Turkey Hill Road Mike motioned support the Office of Planning and Development in purchasing Doug Kohl’s property with or without a limited development project or without purchasing the section north of the existing trail easement. Sue seconded the motion All in favor Role call-Leslie, Sue, Reuven, Mike, Paul, Wayne, Bruce 6:10 PM Continuation of Notice of Intent filed by Microcal, LLC to construct an addition to a building and an addition to the parking lot. Work is proposed to take place in Bordering Vegetated Wetlands. Project location is 22 Industrial Drive, Map ID 19-22. Mickey Marcus, Mike Mike Lui and Bob Bartlett presented the plans-revision date 5-24-07 Mickey stated that there are underground utilities in the parking lot next to the site and the replication area could not be placed in this area MicroCal representatives (Don and Ed) stated that the neighboring building does not have space available for expansion of parking Paul would like to see if there are other potential areas for mitigation Mickey suggested working on improving City easements on all paved drainage areas The Commission stated that the proposed plan plus additional mitigation within the watershed area would be acceptable. The Commission advised the applicant to work with Teri Anderson, Economic Development Coordinator, and the Office of Planning and Development to develop a mitigation plan. Mike motioned to continue to 5:30 PM on June 14th in Hearing Room Sue seconded the motion All in favor 6:36 PM Request to amend Order of Conditions DEP File # 246-593 filed by Alan Verson Alan Verson presented the plans to the Commission Alan stated that he would like to use an Eco Blanket instead of Coir Matting except on areas of slope at 1:1 or steeper Alan stated that all items on the plan will be completed by the end of summer, including: fencing, coir matting, orange fencing, rock wall extension Applicant agreed to plant woody vegetation at base of slopes and coir matting along toe of slope Applicant agreed to place boulders and stones in all areas that have been scoured Nelson Shiflett, owner of firehouse realty stated that he is concerned about his property becoming damaged/eroded by flooding in future Reuven motioned to amend DEP File 246-593 with addition of conditions to use Eco Blanket except on areas steeper than 1:1, stone on heavy scoured area along the river bank, heavy coir matting along steep areas of the slope, coir matting and straw along less steep areas (as shown on plans) and all items on the plan will be completed by the end of summer, including: fencing, coir matting, orange fencing, rock wall extension. Revised plans are to be submitted before work begins. Sue seconded the motion All in favor Discussion on the proposed changes to the Northampton Wetlands Ordinance Micheal Pill representing Route 10 landowners submitted a document (grandfathering clause) to the Commission and is against reinserting the vernal pool section into the ordinance. Bob Bissell submitted paragraph to Commission that he would like to see inserted into the wetlands ordinance. Mike motioned to add the paragraph into section 24-13 of the wetlands ordinance Reuven seconded the motion All in favor The Commission decided to write an Op/Ed piece to explain why the commission reattached the Vernal Pools section The Commission determined that they should send the wetlands section and vernal pool section as one ordinance but two separate sections because it is easier to understand as two separate sections. Presentation on Barrett Street Marsh Task Force recommendations by Paul Wetzel. Mike motioned to ask DPW/Mayors Office to endorse idea of having Smith College contribute funds to the City for a new streetsweeper. Reuven seconded the motion All in favor Discussion on MassHighway road construction at Earle/Grove Streets Reuven motioned to accept MassDevelopment letter. Sue seconded the motion All in favor Meeting adjourned Northampton Conservation Commission Minutes for June 14, 2007 Members present: Mason Maronn, Paul Wetzel, Susan Carbin, Leslie King, Mike Vito, Reuven Goldstein Staff Present: Bruce Young Paul opened the meeting for MicroCal 5:30 PM Continuation of Notice of Intent filed by Microcal, LLC to construct an addition to a building and an addition to the parking lot. Work is proposed to take place in Bordering Vegetated Wetlands. Project location is 22 Industrial Drive, Map ID 19-22. Andy Bone, NEE, Inc. and Mike Lui, Berkshire Design, presented for the applicants Microcal offered $15,000 for offsite replication to meet the City of Northampton Wetlands Ordinance requirements for replication and they placed the 1:1 state required wetland on the property but are willing to work with the city to find a place to replace the wetlands Mike moved to close the hearing Leslie seconded the motion All in favor Reuven moved to approve with general conditions and that MicroCal provide a $15,000 contribution for wetlands mitigation and that the wetland replacement shown on the plan will be completed as shown or will be created offsite at the same size or monetary value as shown on the plan. Leslie seconded the motion All in favor Mason and John abstained 6:07 PM Continuation of a Notice of Intent filed by Smith College for the Paradise Pond Management Plan. The plan covers ongoing routine maintenance activities including, operation and maintenance of the dam, removal of floating debris, protection and maintenance of the pond shoreline and vegetation, maintenance of the dock and boathouses, maintenance of the campus irrigation system, and removal of debris downstream of the dam. Work will take place in Bank, Bordering Vegetated Wetlands, Land Under Waterbodies and Waterways, Bordering Land Subject to Flooding and Riverfront Area. Project location is Smith College Paradise Pond Area, Map ID 31A-257,260,324; 31B-289,290,292,293; 31C-013,014,015; 31D-008-011,020,238,999. Tom Jenkins, Nat Arai, Gary Hartwell presented for Smith College The Commission approved sluice gate operation in accordance with NHESP recommendations. Tom stated that turbidity monitoring and water samples for TSS will occur during operation of the gates. Paul recommended that Smith should look into the feasibility of an aquatic wildlife corridor (fish ladder, etc.) John motioned to close hearing Leslie seconded the motion All in favor John motioned to accept management plan as filed with NHESP conditions and that Smith College investigate the feasibility of an aquatic wildlife corridor that shall be reported to the the Northampton Conservation Commission within two years. Mike seconded the motion All in favor 6:30 PM Notice of Intent filed by Smith College for hydraulic dredging of Paradise Pond. Work will take place in Land Under Water, Riverfront Area and Bordering Land Subject to Flooding. Project location is Smith College Paradise Pond Area, Map ID 31A-257,260,324; 31B-289,290,292,293; 31C-013,014,015; 31D-008-011,020,238,999 Tom Jenkins, Nat Arai, Gary Hartwell presented for Smith College The applicant requested changing the NOI from 10,000 Cubic Yards of removal to 20,000 Cubic Yards of removal Applicant would like to start in early fall after receiving a Water Quality Certification from DEP Applicant stated that Operations will occur on Monday through Friday during regular work hours Mike motioned to close hearing Leslie seconded All in favor Mason moved to recommend staff recommendations with weekly reports reports pending the issuance of Water Quality Certification John seconded the motion All in favor 7:30 PM Notice of Intent filed by James Graham/Yankee Hill Machine Company, Inc. for construction of a metal recycling bins containment structure, paving and stormwater improvements to a commercial loading dock ramp and turn around area. Work will take place in Riverfront Area. Project location is 20 Ladd Avenue, Map ID 30B-84. Terry Reynolds presented for the applicant Mike moved to close hearing Mason seconded All in favor Mike motioned for the applicant to submit a snow removal plan, standard maintenance reports with inspection of outlets by October 15 of each year, and to issue general conditions 1-32, and the applicant must use natural river rock in place of rip-rap. Leslie seconded the motion All in favor 7:58 PM Notice of Intent filed by John Ewing for construction of three single-family houses. Work will take place in the buffer zone of Bordering Vegetated Wetlands. Project location is 297 Old Wilson Road, Map ID 44-116. Matt Nowak represented the applicant Mason moved to close the hearing Leslie seconded All in favor John motioned to deny lot 5 Reuven seconded In favor John and Reuven Against Leslie, Paul, Mason, Sue Motion denied Mason moved to issue an order of conditions with conditions of 2’ x 2’ 100-Pound boulders be placed along the limit of disturbance/silt fence line, general conditions 1-32, a no disturb zone beyond boulders/limit of disturbance/silt fence line be placed on the deed of each property so that the wetland can return to its natural state. Leslie seconded the motion All in favor John motioned to provide David Lamere with a temporary permit to use the land until October 31, 2007. Mason seconded the motion All in favor Meeting adjourned at 9:00 PM Northampton Conservation Commission Minutes for June 28, 2007 Members present: Susan Carbin, Leslie King, Mike Vito, Reuven Goldstein Staff Present: Bruce Young 5:30 PM Request for Determination of Applicability filed by Todd Cellura to determine if the construction of three single family homes on three separate lots in an existing subdivision is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is 29, 39 and 49 Ridgeview Road, Map ID 4-57, 41-58, and 41-59. Alec Macleod presented for the applicant Mike suggested asking the applicant to place a detention basin/raingarden at the end of the driveway via letter from the commission. Sue motioned to issue a negative determination checking box 1 and a letter requesting raingarden/detention basin Leslie seconded the motion All in favor 5:45 PM Request to amend Order of Conditions DEP File #246-516 by Lane Floyd. Project location is 264 Riverside Drive, Map ID 30B-124. Lane requested three changes as depicted in the letter submitted on 5-10-07 Sue moved to amend the order of conditions including an extra foot on the house, entry and step and authorizing Bruce to review and approve the trees to be trimmed. Leslie seconded the motion All in favor Sue moved to allow transfer of $5000 from the Valley Land Fund to the Conservation Commission for use on rail trail soft costs Mike seconded the motion All in favor Mike motioned to allow the Northampton DPW to take down the beaver dam on the north side of Barrett Street Sue seconded the motion All in favor Reuven motioned to adjourn 6:40 PM Northampton Conservation Commission Minutes for July 12, 2007 Members present: Mason Maronn, Paul Wetzel, Mike Vito, Reuven Goldstein Staff Present: Bruce Young Paul opened the meeting at 5:30 PM 5:30 PM Request for Determination of Applicability filed by the Northampton Department of Public Works to determine whether removing the top four inches of pavement and replacing it with four inches of new pavement is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Work will take place in Riverfront Area. Project location is River Road in Leeds. Mason moved to close the hearing Reuven seconded the motion All in favor Mason moved to issue negative determination checking box 2 Reuven seconded the motion All in favor 5:45 PM Notice of Intent filed by Andrew and Shelley Zimbalist for an addition to a single-family house. Work will take place in Riverfront Area. Project location is 65 Ward Avenue, Map ID 30B-118. Hearing continued until July 26, 2007 at 5:30 PM in the Hearing Room of City Hall 6:00 PM Notice of Intent filed by Thomas Kegelman for TCB Hospital Hill, LLC for the construction of a drainage outfall. Work will take place in buffer zone to Bordering Vegetated Wetlands. Project location is Burts Pit Road, Map ID 38A-88. Hearing continued until July 26, 2007 at 5:45 PM in the Hearing Room of City Hall. Meeting adjourned 6:01 PM Northampton Conservation Commission Minutes for July 26, 2007 Members Present: Paul Wetzel, Sue Carbin, Mason Maronn, Michael Vito Staff Present: Bruce Young, Land Use and Conservation Planner Paul Wetzel opened the public hearing at 5:30 PM 5:30 PM Notice of Intent filed by Andrew and Shelley Zimbalist for an addition to a single-family house. Work will take place in Riverfront Area. Project location is 65 Ward Avenue, Map ID 30B-118. Karo Frost from New England Environmental, Inc. presented on behalf of the applicant Paul Wetzel asked where the additional roof drainage would be directed The applicant stated that roof drainage would sheet flow across the grass in the yard Mike Vito moved to close the hearing Mason Maronn seconded the motion Henry Lyman-Neighbor from 60 Ward Ave spoke in favor of the project All in favor Sue Carbin moved to issue generic conditions #1-32 Mason Maronn seconded the motion All in favor 5:50 PM Notice of Intent filed by Thomas Kegelman for TCB Hospital Hill, LLC for the construction of a drainage outfall. Work will take place in buffer zone to Bordering Vegetated Wetlands. Project location is Burts Pit Road, Map ID 38A-88. Marc Durso from The Berkshire Design Group presented on behalf of the applicant. Marc Durso presented an updated set of plans to the Commission. Paul Wetzel explained to the Commission that there is potential to place the proposed drainage outlet in an area that would require less disturbance. Paul explained that the applicant would need to get a drainage easement from the Department of Agriculture (DAR). Elizabeth Murphy from MassDevelopment stated that they are pursuing the option to get an easement on DAR property. Paul Wetzel asked the applicant if a smart growth overlay district were approved for this project, would the added residential density have an effect on the proposed stormwater system and outlet flows. Marc Durso stated that the system was designed to accommodate the additional density of a buildout under a smart growth overlay. Paul Wetzel asked if the City of Northampton will be required to maintain system the stormwater system. Marc Durso stated that the stormwater system would be maintained by a homeowners association. Paul Wetzel stated that he would feel more comfortable continuing the meeting until MassDevelopment received an answer from DAR about moving the outlet onto DAR property. Paul Wetzel asked about building the outlet on the other side of the stream in the relatively flat wetland area. Marc explained that they do not want to impact wetlands and that it would require a large exposed drainage pipe with bend in it. Paul Wetzel asked about the cistern at the top of the slope. Paul asked whether the applicant should do anything with the cistern while the area is under construction for the outlet. Alan Delaney of MassDevelopment stated that they are working with the Mayor and City departments on the cistern project. Paul Wetzel stated that he would feel more comfortable continuing the meeting until MassDevelopment received an answer from DAR about moving the outlet onto DAR property. Mike Sweet, attorney for MassDevelopment requested that the commission to approve the project with a condition that the applicant must get a positive or negative response from DAR before MassDevelopment could begin the project. Alan Delaney stated that MassDevelopment is willing to initiate process within 30 days and keep the Conservation Commission involved in the negotiations. Mike Vito moved to close the hearing Mason Maronn seconded the motion All in favor The Commission discussed the following conditions: General conditions #1-32 The applicant use 50-year gabion baskets The Commission reviews and approves a copy of the DAR proposal from MassDevelopment before the proposal is sent to DAR. MassDevelopment cannot begin the project until they receive an answer from DAR Mason moved to issue an Order of Conditions with aforementioned conditions Sue Carbin seconded the motion All in favor Other Business Informal discussion on the ordinance committee decision with Suzanne Beck from the Chamber of Commerce 7:30 PM Mason Maronn moved to adjourn Mike Vito seconded the motion All in favor Northampton Conservation Commission Minutes for August 23, 2007 Members Present: Paul Wetzel, Sue Carbin, Mason Maronn, Michael Vito, Leslie King, Reuven Goldstein Staff Present: Bruce Young, Land Use and Conservation Planner Paul Wetzel opened the public hearing at 5:32 PM Paul Wetzel stated that John Body resigned from the Commission on Wednesday, August 22, 2007. 5:34 PM Request for Determination of Applicability filed by Northern Avenue Homes, Inc. and Tofino Associates, Inc to determine whether the area depicted on the plans is an area subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance and whether the boundaries of the resource areas depicted on the plans are accurately delineated. Project location is Northern Avenue, Map ID 25C-12 and 25C-17. Reuven stated that Doug Kohl owns the building that he rents for his business and possibly his apartment building. Reuven recused himself from the vote but stated that he will participate in the discussion. Chuck Dauchy, Gloria McPherson, and Doug Kohl presented for the applicant Doug stated that Chuck flagged the wetlands line and then reflagged the wetlands line with the Alec Macleod, wetland scientist hired by North Street Neighborhood Association. Doug stated that there were indicators of possible vernal pools on the site so he hired Molly Hale, Biologist, who found fingernail clams and amphibious snails on the site. Doug stated that Molly Hale could not easily identify the boundary of the potential vernal pools and is looking into the proper methodology for delineation. Doug requested that the Commission signoff on the wetlands delineation and the intermittent stream determination, but not the vernal pool delineation at this time. Doug is researching a method to identify the boundary lines of the vernal pools. Chuck stated that there are three areas where evidence of vernal pools has been found and reiterated that they would like a confirmation of the wetlands delineation and the determination of the intermittent stream. Dennis Helmus 173 North Street-North Street Neighborhood Association-would like a delineation in the spring, would like a delay in the RDA until the ordinance is heard at City Council, and would like a third party consultant. Adam Cohen-North Street-North Street Neighborhood Association-asked about stormwater management and if the conservation commission has jurisdiction over the systems designed Chuck Dauchy-stated that now is the time to delineate wetlands because of vegetation and lower water table allowing the wetland scientist to evaluate the soil. Dennis Helmus-asked how it was determined that it is an intermittent stream Doug Kohl-stated that it is required under the law that the stream is dry for four days within a calendar year Bruce Young-explained the process Heather McLaughlin-Ordinances are in flux-should we wait until vernal pool and wetlands ordinance are heard in front of City Council Paul explained that the commission must deal with application with what is currently promulgated by the City. Paul explained that the vernal pools are not typical vernal pools Leslie explained that we are discussing the delineation line and if the applicant applies for a Notice of Intent in the future the ordinance on the books will will be what determines the decision. Adam Cohen-If wetlands boundary was more extensive will wetland grow Reuven explained the process and how the commission determined where the boundary line was located Dennis Helmus-If fill is removed will wetland expand Adam Cohen-how will homeowners be affected Paul-we are not covering that subject at this time Cheryl Keris-If determined boundary of wetland do vernal pools have to be located outside of wetlands or can they be within the wetlands Chuck-explained that vernal pools can be within wetlands boundary Doug-understands that commission views vernal pools differently than wetlands and that is why the boundary of vernal pools is very important Mason moved to close the meeting Sue seconded the motion All in favor Reuven did not vote Mason moved to accept the delineation of wetlands Mike seconded All in favor Reuven did not vote 6:29 PM Notice of Intent filed by the City of Northampton Department of Public Works for cleaning, maintaining and repairing culverts, pipes, headwalls, endwalls, catchbasins, drain and sewer structures and easements, roadwork and other generic maintenance. Work will take place in all inland resource areas. Project location is throughout the City of Northampton. Ned Huntley presented Paul asked DPW to define language in the application Paul asked DPW to use new culverts and stream crossing standards Reuven asked DPW to review herbicide spraying standards Ned stated that the problem areas are along guardrails and they would like to continue spraying Paul asked what the grass seed mix consists of and would like to see a native species mix Ned stated that it is a fast growing mix used at first and conservation mix used once the initial vegetation takes hold Paul asked about treating for mosquitoes Ned stated that board of health gives out larvae control pellets that are dropped into wetlands The Commission asked if the DPW could get away without piping swales and using rip-rap Sue moved to continue the hearing until September 27, 2007 at 5:30 PM in the Hearing Room of City Hall Mike seconded the motion All in favor 7:11 PM Notice of Intent filed by the Christ United Methodist Church to construct twenty-three single-family cottages. Work will take place in the buffer zone of Bordering Vegetated Wetlands. Project location is 275 Rocky Hill Road, Map ID 37-30. Dave Thompson from Coler and Colantonio presented the plan Dave explained the project and the raingarden areas Mason asked for a planting plan for the basins and depression areas Dave stated that a conservation seed mix would be used but they had no planting plan Paul asked about the steepness of the slopes Dave said nothing is steeper than 3:1 Bruce asked if the detention basins are 2’ above the water table and if the basins have been moved is the test pit information accurate Bruce stated that the wetland flags are not shown on the plan Mason asked for narrative of the wetlands delineation including methodology Sue moved to continue to September 27, 2007 at 6:00PM in the Hearing Room of City Hall Mike seconded All in favor 7:58 PM Notice of Intent filed by Mary Dowling of the U.S. Department of Veteran’s Affairs to complete the closure of the Veteran’s Administration Medical Center Landfill. Work will take place in Bordering Vegetated Wetlands. Project Location is Haydenville Road, Map ID 11-002. Mark Deuger Advanced Environmental Solutions stated the they have not received a DEP file number Sue moved to continue September 27, 2007 at 6:30 PM in Hearing Room Mike seconded All in favor 8:31 Notice of Intent filed by Edward Allen of P. Allen & Sons, LLC to perform five to seven environmental investigation test pits with the aid of an excavator to delineate the footprint of the former P. Allen Landfill. Work will take place in Bordering Vegetated Wetlands and Riverfront Area. Project Location is 234 Easthampton Road, Map ID 44-115. Todd Donze of Environmental Compliance Services presented Todd stated that all of the work is located in the buffer zone Sue moved to close the hearing Mike seconded All in favor Sue motioned to issue an Order of Conditions general conditions #1-32 but not to accept the wetlands delineation Leslie seconded All in favor Notice of Intent filed by Smith College for renovation of an outdoor equestrian ring. Work will take place in Bordering Land Subject to Flooding. Project location is 200 West Street, Map ID 38A-61 and 38B-002. Smith Formally Withdrew their application. Request for Determination of Applicability filed by the City of Northampton Central Services Department to perform maintenance on the Northampton High School Detention Basin. Work will take place in Riverfront Area. Project location is Federal Street, Map ID 24C-42. Sue moved to close the hearing Leslie seconded All in favor Sue moved to issue negative determination checking box 2 Leslie seconded All in favor Request for Determination of Applicability filed by the City of Northampton to determine whether the area depicted on the plans is an area subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is North Farms Road, Map ID 12-006. Sue moved to close the hearing Leslie seconded Sue moved to issue negative determination Reuven seconded All in favor Northampton Conservation Commission Minutes for September 11, 2007 Vernal Pool Ordinance Language Clarification Workshop Members Present: Paul Wetzel, Michael Vito, Molly Hale, Suzanne Beck, Douglas Kohl Staff Present: Bruce Young, Land Use and Conservation Planner Paul Wetzel opened the public hearing at 4:30 PM The Committee decided to change the current 200 cubic foot definition of presumed vernal pools to the 1000 square foot definition as presented in the Hyla Report submitted by Rick Hart. Any vernal pool that is not certified and is 1000 square feet or greater would be considered a presumed vernal pool. Any vernal pool less than 1000 square feet would be treated as an isolated wetland unless certified by the Conservation Commission. The Committee decided to insert separate definitions for certified vernal pools, presumed vernal pools, vernal pool resource areas and seasonal wetlands. The Committee discussed what they accomplished during the meeting and how the accomplishments would be presented to the public (before the next City Council meeting). The Committee asked Bruce to contact the City Solicitor to review the language changes inserted into the proposed ordinance. Meeting adjourned. Northampton Conservation Commission Minutes for September 18, 2007 Members Present: Paul Wetzel, Sue Carbin, Michael Vito, Leslie King, Staff Present: Bruce Young, Land Use and Conservation Planner Paul Wetzel opened the public hearing at 6:38 PM Discussion on the definition of vernal pools and adding the word detention basin to the exception section of the ordinance. Meeting adjourned Northampton Conservation Commission Minutes for September 27, 2007 Members present: Paul, Sue, Mike, Reuven, Leslie Staff present: Bruce Young, Land Use and Conservation Planner Paul Wetzel opened the public hearing at 5:30 PM Sue moved to accept the minutes of 07/17/2006, 08/23/2007, 09/11/2007, and 09/18/2007 5:30 PM Continuation of a Notice of Intent filed by the City of Northampton Department of Public Works for cleaning, maintaining and repairing culverts, pipes, headwalls, endwalls, catchbasins, drain and sewer structures and easements, roadwork and other generic maintenance. Work will take place in all inland resource areas. Project location is throughout the City of Northampton. Paulette Kuzdeba presented potential changes to the Notice of Intent for the Department of Public Works Paul stated that the Commission should write a letter requesting information from the Department of Public Works on the replacement of culverts and the cost of replacing culverts Leslie moved to continue the hearing until October 25, 2007 at 5:30 PM (for 45 minutes) in the Hearing Room of City Hall Reuven seconded the motion All in favor 6:31 PM Continuation of a Notice of Intent filed by the Christ United Methodist Church to construct twenty-three single-family cottages. Work will take place in the buffer zone of Bordering Vegetated Wetlands. Project location is 275 Rocky Hill Road, Map ID 37-30. Dave Thompson from Coler and Colantonio presented updated plans to the Commission Paul Wetzel stated that the Commission found a large wetland/vernal pool area that is not shown on the plan Paul read a letter submitted by Nancy Childs Sue moved to continue the hearing until October 25, 2007 at 6:15 PM in the Hearing Room Leslie seconded the motion All in favor 6:45 PM Continuation of a Notice of Intent filed by Mary Dowling of the U.S. Department of Veteran’s Affairs to complete the closure of the Veteran’s Administration Medical Center Landfill. Work will take place in Bordering Vegetated Wetlands. Project Location is Haydenville Road, Map ID 11-002. Sue moved to continue the hearing until October 25, 2007 at 6:45 PM in the Hearing Room of City Hall Reuven seconded the motion All in favor 7:00 PM Informal meeting with North Street Neighborhood Association Adam Cohen, Tim Parshall, Dennis Helmus, Steven Hathaway, Joyce Divani The Commission and the North Street Neighborhood Association discussed wetlands and flooding in the City of Northampton. 8:04 PM Marjorie Barnett 108 North Street Enforcement Order Conditions Applicant will call building inspectors office and then will shore up the barn and then will submit a plan to the conservation commission that shows removal of fill, foundation fill and planting plan. Reuven motioned to approve the Village Hill Alternate Outfall Location Sue seconded the motion All in favor 9:18 PM Request by the Northampton Department of Public Works for an extension of Order of Conditions DEP File #246-363. Mike motioned to approve three-year extension for the Department of Public Works Sue seconded the motion All in favor 9:32 PM Reuven motioned to adjourn Sue seconded the motion All in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. October 25, 2007 Members Present Time Paul Wetzel, Chair X Reuven Goldstein X 5:35 Mason Maronn X Susan Carbin X Leslie King X Mike Veto X Lisa Fusco Staff Present Time Bruce Young X Aleta DeLisle X Meeting Opened At: By: 5:33 p.m. Paul Wetzel Minutes Approved: Motion By: Second By: N/A Order of Business: 5:30 PM Continuation of a Notice of Intent filed by the City of Northampton Department of Public Works for cleaning, maintaining and repairing culverts, pipes, headwalls, endwalls, catchbasins, drain and sewer structures and easements, roadwork and other generic maintenance. Work will take place in all inland resource areas. Project location is throughout the City of Northampton. Ned Huntley and Paulette Kuzdeba from the Dept. of Public Works appeared before the Commission. Paul noted that the issue of culverts was still unresolved. Ned stated he had no problem looking at culverts when they need repair; that they have a limited budget for drainage problems in the city and noted that they have done a lot of pipe repair but only one culvert has been replaced in seven years. He also noted that if they need a permit from the Army Corps. to replace a culvert that the process is a lengthy one and could take up to 1-2 years. He stated DPW doesn’t deal with driveway culverts only ones under the roads. Paulette mentioned that under the Army Corp. process to replace in kind is considered replacement and would not need a permit. She discussed Army Corp. requirements for culvert size and possible new categories culverts would fall under which could be beyond their qualifications and would likely need to hire someone. The Commission discussed what areas/types of culverts to look at. Ned passed around new design guidelines from Mass. Highway on wildlife crossings and suggested to the Commision to get corridors established and do work on the culverts when needed. DPW discussed what exemptions Army Corps. gives on culverts and discussed flow capacity of corrugated culverts and box culverts. Paul Wetzel suggested looking at culverts on a case by case basis which was agreed by the Board. The Board discussed the possibility of using CPA funds for studies and/or research. Ned stated that DPW will review with the Conservation Commission future planned projects or work with the Commission to identify habitat crossing and culvert replacements. Ned will craft language and email it to the Commission. Ned stated he would like the Commission to flag areas to start with and expand at a later time. Upon motion by Sue Carbin and second by Mason the Board voted to continue the hearing until 11/08/2007 at 5:30; all in favor. 6:15 PM Continuation of a Notice of Intent filed by the Christ United Methodist Church to construct twenty-three single-family cottages. Work will take place in the buffer zone of Bordering Vegetated Wetlands. Project location is 275 Rocky Hill Road, Map ID 37-30. Bruce stated that the applicant has not heard back from their wetland scientist yet. Upon motion by Sue and second by Leslie the Board continued the hearing to 12/13/2007 at 5:30; all in favor. 6:45 PM Continuation of a Notice of Intent filed by Mary Dowling of the U.S. Department of Veteran's Affairs to complete the closure of the Veteran's Administration Medical Center Landfill. Work will take place in Bordering Vegetated Wetlands. Project Location is Haydenville Road, Map ID 11-002. Upon motion by Sue and second by Mason the Board continued the hearing to 12/13/2007 at 5:35; all in favor. 7:00 PM Request for Determination of Applicability filed by Martha Borawski to determine whether the area depicted on the plans are subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance and whether the boundaries of the resource areas areas depicted on the plans have been accurately delineated. Parcel is located on Kennedy Road, Map ID 05-70. Upon motion by Sue and second by Reuven the Board continued the hearing to 11/08/2007 at 6:00 p.m.; all in favor. Wayne Feiden, Director, Office of Planning & Development appeared before the Commission on the following matters: Upon motion by Mike and second by Sue, the Conservation Commission voted all in favor to request that Valley Land Fund: 1. Donate the $16,600 that VLF has donated to the Northampton Open Space Fund, as well as any other funds in the Northampton Open Space Fund other than those donated for the benefit of bicycle projects, to a new fund entitled “Northampton Conservation Fund” at the Community Foundation of Western Massachusetts, as a donor designated fund with the principal permanently maintained in the fund and income paid annually to the City of Northampton Conservation Fund with the condition that the funds annually transferred can only be used at the direction of the Conservation Commission for permanent open space acquisition and for habitat improvements (but not routine maintenance) to existing city conservation areas. 2. Donate any funds in the Northampton Open Space Fund dedicated for the benefit of bicycle projects, to a new fund entitled “Northampton Rail Trail and Bicycle Facilities Fund” at the Community Foundation of Western Massachusetts, as a donor designated fund with the principal maintained in the fund and income paid annually to the City of Northampton with the condition that the funds can only be spent upon the recommendation of the Director of Planning and Development upon consulting the Northampton Transportation and Parking Commission or its successor organization for new rail trail and bicycle facilities or capital improvements (but not routine maintenance) of such facilities. Wayne Feiden discussed with the Board Chapter 61A releases, specifically, John Ewing property off Old Wilson Rd. Wayne stated it was a technically deficient notice and the City has the right of first refusal and didn’t want to move forward until an offer that complies with Chapter 61A was sought. Mason suggested waiting for a bonafide offer. The Commission agreed. Wayne said he would write to the property owner. Wayne Feiden asked permission from the Commission for authorization to purchase the Sullivan property on on Morningside Drive. The Commission authorized Wayne to proceed with the purchase. Wayne discussed safety and liability issues on Conservation Commission property at Turkey Hill Quarry. The Commission discussed the cost of blasting, the possibility of wetlands on the property and options of filling in the quarry. The Board discussed methods of protecting the area discussed with fencing drilled into rock or using cable. Wayne noted there is $10,000. available for this purpose. The Board agreed to proceed and Wayne will explore the price/types of using cable vs. fencing. Marge Barnett of 108 North Street appeared before the Commission to discuss brush that was cleared on her property and not removed by the Contractor. She asked the Commission if she and others could cut up the brush by hand in order to move it further down on her property so it would be accessible to a chipper. The Board agreed it was a viable option; suggested getting it removed before the spring; and discussed removal of stumps on the property. Paul noted to smooth over any depression that might be left. Mike discussed whether stabilizing the barn could be done simultaneously. Regarding seeding and knotweed on her property, the Commission suggested she use seeding towards her house not near the knotweed and wildflower mixes are fine. It was agreed that Marge will come back to the board when work is done so the Conservation Commission can inspect it. Other Items: Bruce stated that Cooley Dickinson Hospital hasn’t done their wetlands restoration and wants to get their Certificate of Occupancy. The Commission stated they would like to hold having the CO issued until the restoration is complete. Bruce stated he will write a letter to CDH. Bruce stated he has a new notice from Army Corps/National Grid for their work in the wetlands if the Commission wants to review it. Bruce stated that the Rules/Bylaws of the Commission need to be updated. Sue suggested that members review the material first before setting up a date to discuss it. Bruce distributed open space recommendations of the CPA plan to the Commission. Bruce stated due to staff constraints he will not have much time to allow for monitoring, site visits and enforcement. He asked the Commission if they would be willing to participate in enforcements. The Commission agreed they would be. Mason noted he would look at current Park Hill Road enforcement. Leslie asked if they could take action by writing a letter to the Mayor and Director of Planning to advocate for more staff time for the Commission. The Board agreed to proceed with this at a later date. Bruce distributed two enforcement orders for signatures: parcel 5 Grove Street and 58 Pomeroy Terrrace. Meeting Adjourned: Motion By: Second By: Unanimous: 8:00 pm. Sue Reuven All in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. November 8, 2007 Members Present Time Paul Wetzel, Chair X Reuven Goldstein X Mason Maronn Susan Carbin X Leslie King Mike Vito X Lisa Fusco X Staff Present Time Bruce Young X Aleta DeLisle X Meeting Opened At: By: 5:34 p.m. Paul Wetzel Minutes Approved: Motion By: Second By: October 25th, 2007 Mike Reuven Corrections: Correct spelling of Mike’s last name is Vito. Order of Business: The Chairman introduced Lisa Fusco as a new member to the Commission. 5:30 PM Request for Determination of Applicability filed by Mark Investment, Inc. to determine whether the area and demolition of an existing building and construction of a Walgreens pharmacy and bank drive-up facility, as depicted on the plans, are subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is 225-243 King Street (Potpourri Plaza), Map ID 24B-66. Randy Miron, Bohler Engineering appeared before the Commission on behalf of Walgreens. Randy presented a map of the Potpourri Plaza, location of the proposed Walgreen’s building and wanted confirmation from the Commission whether there are wetlands on the site. Bruce and Paul stated that they had previously inspected the area and that there are no wetlands on the site. Upon motion by Mike and second by Sue the Commission voted to issue a negative determination of applicability. All in favor; 0 opposed. 5:45 PM Notice of Intent filed by Open and Shut LLC for the demolition of an existing single-family home and the construction of a door sales warehouse and office with associated site improvements. Work will take place in the buffer zone of Bordering Vegetated Wetlands. Project location is 309 Easthampton Road, Map ID 44-27. Chris Wall, Berkshire Design appeared before the Commission on behalf of Open and Shut, LLC. Chris presented a map of the area and wanted to confirm whether all of the wetlands on the site had been delineated. Paul and Bruce had previously inspected the site. Paul noted that when digging holes towards the house he noticed definite water movement, along with the area coming down from the hill. Bruce said the soils are consistent with what’s been delineated with wetland soils. Upon motion by Mike and second by Sue the Commission voted all in favor to re-delineate the wetlands and come back to the Commission when the delineation is complete. Upon motion by Sue and second by Mike the Commission voted to continue the hearing to December 13th at 6:00 p.m.; all in favor. 6:00 PM Continuation of a Notice of Intent filed by the City of Northampton Department of Public Works for cleaning, maintaining and repairing culverts, pipes, headwalls, endwalls, catchbasins, drain and sewer structures and easements, roadwork and other generic maintenance. Work will take place in all inland resource areas. Project location is throughout the City of Northampton. Bruce stated that he emailed the Commission language that DPW provided him for their Generic Notice of Intent. Some Commission members had not had a chance to review the language yet. Upon motion by Sue and second by Mike the Commission voted all in favor to continue the hearing until December 13th @6:45 p.m. The Commission reviewed the following list of issues: Regarding a complaint whether digging test pits on property owned by Doug Kohl on North Street had disturbed the vernal pool: Sue and Mike stated that they visited the area. Mike noted that nothing was going on near the vernal pool. Sue said nothing was pushed into the wetlands doing the test pits. A wetlands replication area was excavated on Grove Street: Paul noted that the area is full of sand, so it won’t hold water. Bruce noted that they were putting the project on hold until next spring. Paul suggested two options: -dig down and put in a layer of clay then organic soil; or -fill part back in, plant trees and preserve another wetland area. Paul stated that the Commission doesn’t need to decide at this time. Regarding a complaint of dumping in a stream on Greenleaf Drive: Bruce stated the owner was trying to stabilize the bank and needs a permit. Bruce told the owner to bring a plan for restoration to the next meeting. Paul stated that the Commission may ask Mason to inspect the site. The owner of 50 Liberty Street reported filling of an intermittent stream. Sue stated it was an old drainage ditch and fill was brought in. Bruce stated he would call the owner and let her know that the Commission doesn’t believe she’s in violation and could hire someone if she thinks she is. Upon motion by Mike and second by Sue the Commission authorized Bruce to issue an Emergency Order for work on a septic system on Lovefield Street once the accurate address is determined; all in favor. Bruce noted he will call the owner to file a RFD and that he spoke with the Board of Health who stated everything is in line with septic system permits. Mike stated he would call Jonathan Wright regarding his report of dumping on the Connecticut River below Drozdal Funeral Home and Damon Rd. Mike stated he walked the area before the sandbar which looked like some litter had been removed but would talk with Jonathan Jonathan about the exact location of his complaint. Regarding a report that someone posted a sign for Saw Mill Hills Conservation Area on Chesterfield Road and Spring Street: Sue and Mike visited the area and couldn’t find any signs. Bruce will issue an enforcement order to Cooley Dickinson Hospital and will bring it to the next meeting. 6:30 PM Continuation of a Request for Determination of Applicability filed by Martha Borawski to determine whether the area depicted on the plans are subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance and whether the boundaries of the resource areas depicted on the plans have been accurately delineated. Parcel is located on Kennedy Road, Map ID 05-70. Chris Wall, Berkshire Design representing Martha Borawski presented a map to the Commission showing a flagged intermittent stream and isolated wetland. After discussing one area in question the Commission voted unanimously upon motion by Sue and second by Mike to continue the hearing until December 13th at 6:15 p.m. until additional information/watershed size is provided to determine whether it is an intermittent stream. The Commission noted that the rest of the delineation is o.k. The Commission reviewed the language submitted by Dept. of Public Works for their generic Notice of Intent and noted the specific changes they want to incorporate. 6:35 PM Certificate of Compliance filed by Douglas Kohl, Tofino Associates, Inc. for an Order of Conditions issued for 38 Black Birch Trail, DEP File #246-562. Bruce stated he inspected the work and everything is o.k. Upon motion by Sue and second by Reuven the Commission voted to issue a Certificate of Compliance; all in favor. Other Business: Bruce stated Jim Harrity submitted a Request for Certificate of Compliance for property on Meadow Street. Sue will look at the property in particular the raingarden and stabilization. Bruce stated he needs to submit an as-built plan. Paul stated 100 lb. boulders should be placed every 10 ft. across the top of slope. Bruce stated Kohler & Colantonio, representing the Methodist Church called and could only find an 8’x12’ wetland on the site. Bruce told them what area needs to be looked at and they will re-examine it. Paul stated that he received communication from Wayne Feiden, Director, Planning & Development, about raising wetland fees. The Commission discussed fees, salaries and the need for more staff time for the Conservation Commission. The Commission agreed that Lisa and Paul will meet with Wayne to discuss this. Meeting Adjourned: Motion By: Second By: Unanimous: 8:00 p.m. Mike Sue All in favor