Loading...
Conservation Commission Minutes 2008 Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. January 10, 2008 Members Present Time Paul Wetzel, Chair X 5:35 Reuven Goldstein X Mason Maronn X Susan Carbin Leslie King X Mike Vito Lisa Fusco X Staff Present Time Bruce Young X Aleta DeLisle X Meeting Opened At: By: 5:37 p.m. Paul Wetzel Minutes Approved: Motion By: Second By: Tabled until next meeting Mason Reuven Corrections: Order of Business: 5:30 PM Request for Determination of Applicability filed by Rebecca Castro to determine whether the boundaries of the resource areas depicted on the plan are accurately delineated and whether the work depicted on the plan is subject to the jurisdiction of the Northampton Wetlands Ordinance. Project location is 248 Park Hill Road, Map ID 43-16. The Commission reviewed plans submitted by Rebecca Castro. Leslie and Paul stated they had visited the site. Chuck Dauchy, wetland scientist, stated he did a partial delineation and determined area of leaching system. Leslie suggested plans be further delineated for building purposes. Paul and Reuven agreed. Rebecca stated her concern about the surveyor’s schedule. Paul proposed the option of having Chuck revise the plans rather then wait on the surveyor. Upon motion by Leslie and second by Reuven the Commission voted all in favor to continue the hearing until January 24th at 5:30 p.m. 5:45 PM Continuation of a 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; Peter Peduczeo, Open and Shut LLC; and Chuck Dauchy, wetlands scientist appeared before the Commission. Chuck presented plans to the Commission and stated he would like to fill or alter areas of severely deteriorating wetlands. Chuck asked the Commission if they would consider his proposal for restoration of certain areas on the plan which would double the wetland area with better quality. Discussion took place regarding ownership of a certain area. Chris stated he would seek approval/access permit from MA Highway to move forward. Bruce read the new regulations regarding mitigation to the Commission. Chuck stated he would provide a 2-1 wetland replacement and lawn will be improved; will look at the design in order to create a 10 foot buffer and come back with detail for wetland restoration. Leslie, Mason and Lisa agreed that it would improve the property from what currently exists. Paul suggested incorporating the detention basin into the wetland restoration. Bruce cautioned the commission that this was the first project they would be granting a waiver to under the new wetland regulations and should be well documented. Upon motion by Leslie and second by Reuven the Commission voted all in favor to continue the hearing until February 28th @5:30 p.m. 6:15 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 appeared before the Commission and stated that the status of the isolated wetland has been determined to be an intermittent stream by water flow, GIS and watershed size. size. The Commission discussed the watershed size and DEP cut-off points/regulations. Upon motion by Leslie and second by Mason the Board voted to accept the delineation with a positive determination checking Box 2A. All in favor – 4; opposed – 0; abstained – 1 (Reuven). Reuven suggested reviewing perennial stream definitions at the next meeting. 6:30 PM Request for Determination of Applicability filed by the City of Northampton to determine whether the boundaries of the resource areas depicted on the plans are accurately delineated. Project location is Damon Road, Map ID 25A-17. Upon motion by Reuven and second by Leslie the Commission voted to continue the hearing until March 27th at 5:30 p.m. Other Items: Wayne Feiden, Director, Office of Planning & Development appeared before the Commission and stated that the closing on the acquisition of a piece of property at Fitzgerald Lake would take place in January. Wayne asked for authorization to aquire property off of Turkey Hill Rd. Upon motion by Mason and second by Lisa the Commission voted all in favor to authorize Wayne to proceed with the purchase of property abutting Mineral Hills Conservation area. Upon motion by Leslie and second by Reuven the Commission voted all in favor to nominate Mason to be the Conservation representative on CPA. Reuven stated to the Commission that he would be resigning due to a busy schedule. He noted that the Commission would need to appoint a replacement on the Channel Marker Committee. He noted his last meeting will be January 24th and that he has enjoyed his participation with the Commission. All boards meeting in City Council Chambers on the Open Meeting Law with Cynthia Pepin, Assistant District Attorney. Meeting Adjourned: Motion By: Second By: Unanimous: 7:08 p.m. Mason Leslie All in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. January 24, 2008 Members Present Time Paul Wetzel, Chair X Reuven Goldstein X 5:38 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: 5:35 p.m. Paul Minutes Approved: Motion By: Second By: Nov. 8th, 2007 Mike Lisa Corrections: Order of Business: 5:30 PM Continuation of a Request for Determination of Applicability filed by Rebecca Castro to determine whether the boundaries of the resource areas depicted on the plan are accurately delineated and whether the work depicted on the plan is subject to the jurisdiction of the Northampton Wetlands Ordinance. Project location is 248 Park Hill Road, Map ID 43-16. Rebecca Castro and Chuck Dauchy, wetland scientist, appeared before the Commission. Chuck presented plans and discussed areas of delineation noting that based on soils that’s what regulatory boundaries would be. Bruce stated that he had checked the boundary up to the cornfield and currently under the A.P.R. Upon motion by Sue and second by Lisa the Commission voted to accept the delineation and issue a positive determination of applicability by checking box 2A. All in favor. 5:45 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 of the Department of Public Works appeared before the Commission. Paulette stated they wanted to clarify language with the Conservation Commission before finalizing their generic Notice of Intent. Discussion took place regarding planned and emergency culvert repair and replacements and type of culvert. Ned suggested the Commission mark sensitive areas out and DPW will look at them. Bruce suggested defining areas by zoning districts which was agreed to by the Commission. The Commission recommended using annual and native seed mix for DPW’s disturbed areas. Paulette noted she would incorporate section of Mass. General Laws regarding public notification into the Notice of Intent. Paulette stated she would send the Commission the revised language. Upon motion by Sue and second by Lisa the Commission voted to continue the hearing until February 14th @5:30 p.m. All in favor. 6:15 PM Request for an extension of a Determination of Applicability filed by the City of Northampton Office of Planning and Development for the Manhan Rail Trail Project-File Numbers 604207 and 604219. Project location is the intersection of Grove Street and Earle Street Map ID-31D-245 and 38C-76. Upon motion by Sue and second by Reuven the Commission voted all in favor to issue a new negative determination. 6:30 PM Request for an extension of an Order of Conditions-DEP File # 246-588-filed by the City of Northampton Office of Planning and Development for the Northampton Rail Trail Project. Project location is Florence Street to the Northampton/Williamsburg Town Line, Map ID 05-34. Upon motion by Sue and second by Reuven the Commission voted to grant a three year extension to the Order of Conditions (from today’s date). All in favor. 6:35 PM Request for an extension of an Order of Conditions-DEP File # 246-589-filed by the City of Northampton Office of Planning and Development for the Northampton Rail Trail Project. Project location is Look Park to Florence Street, Map ID 10B-100 and 16A-002. Upon motion by Sue and second by Reuven the Commission voted to grant a three year extension to the Order of Conditions (from today’s date). All in favor. 6:40 PM Request for Certificate of Compliance filed by the Loyal Order of the Moose, Northampton Lodge 614 for Order of Conditions DEP File # 246-321. Upon motion by Sue and second by Reuven the Commission voted to give a new Certificate of Compliance to the Moose Lodge. All in favor. 6:45 PM Request for Certificate of Compliance filed by Park Homes, Inc. for an Order of Conditions issued for Park Homes, Inc. of 8 Hockanum Road, DEP File # 246-533. Bruce stated work required in the river wasn’t done. The Commission will require an as-built plan and request a maintenance schedule. 6:50 PM Request for Certificate of Compliance filed by Willard Cutler for Order of Conditions DEP File # 246-443. Upon motion by Sue and second by Reuven the Commission voted to issue a Certificate of Compliance. All in favor. 6:55 PM Request for Certificate of Compliance filed by Charles Miller for Order of Conditions DEP File # 246-210. Bruce stated that Chuck Dauchy certified that work has been done. Bruce stated he visited the site. Upon motion by Sue and second by Mike the Commission voted all in favor to issue a Certificate of Compliance with on-going conditions #27 & #28. 7:00 PM Request for a Certificate of Compliance filed by Douglas Kohl, Tofino Associates, Inc. for an Order of Conditions issued for the Rocky Hill CoHousing Project on Black Birch Trail, DEP File # 246-530. Upon motion by Sue and second by Lisa the Commission voted all in favor to issue a Certificate of Compliance with on-going conditions #53, 59, 61-68. 7:05 PM Request for a Certificate of Compliance filed by James Harrity for an Order of Conditions issued for 53 Meadow Street, DEP File #246-602. Bruce stated the as-built plan hasn’t been signed or stamped by an engineer. Sue stated she couldn’t find the rain garden. The Commission recommended the applicant meet the required conditions. The Commission stated they would re-visit the site in the spring and will also check on a possible violation. 7:10 PM Request for a three-year extension to an Order of Conditions, DEP File #246-551, filed by Robert Bacon and the Northampton Airport. Upon motion by Sue and second by Reuven the Commission voted to issue a three year extension to the Order of Conditions. All in favor 4; opposed 0; abstained 1 (Lisa). 7:15 PM Meeting with William Haber to discuss the removal of debris and restoration of a slope along Bassett Brook on Park Hill Road. Cancelled. Other Items: Nat Arai representing Smith College presented modified plans to dredge Paradise Pond using a different area for the de-watering process then previously planned as it proved too costly. Nat asked the Commission if the modified plan would warrant an amendment to the previous Order of Conditions issued in June. Nat stated they would truck in temporary machinery; trucks will take the same route; existing catch basins would be protected; they will be returning water to the pond rather than to the river and will notify Natural Heritage as a courtesy. Bruce suggested that he provide documentation stating there will be no additional impact to the resource area with a plan attached, number of trucks and stating what the contractor will use for methodology. Upon motion by Sue and second by Mike the Commission voted to authorize the administrative change. All in favor. Upon motion by Sue and second by Lisa the Commission authorized an increase in CPA funds to $350,000 for purchase of Turkey Hill property. All in favor. Election of Chair and Vice Chair: Upon motion by Sue and second by Mike the Commission voted all in favor to elect Paul as Chair. Upon motion by Mike and second by Reuven the Commission voted all in favor to elect Lisa as Vice Chair. Review of Northampton Conservation Commission Bylaws and Rules of Procedure: Postponed. Meeting Adjourned: Motion By: Second By: Unanimous: 8:08 p.m. Lisa Sue All in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. February 14, 2008 Members Present Time Paul Wetzel, Chair X Lisa Fusco X Mason Maronn X Susan Carbin X (left mtg. 7:33 p.m.) Leslie King Mike Vito Staff Present Time Bruce Young X Aleta DeLisle X Meeting Opened At: By: 5:34 p.m. Paul Minutes Approved with corrections: Motion By: Second By: Jan. 10, 2008 Jan. 24, 2008 Mason Sue Sue All in favor Mason All in favor 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. The Commission discussed the language for the Generic Notice of Intent submitted by the Dept. of Public Works. Upon motion by Mason and second by Sue the Commission Commission voted to accept the Generic Order of Conditions with two conditions. All in favor. 5:45 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. Mark Dueger, Advanced Technology Solutions reviewed the project before the Commission. Mark stated there’s an order by the state to close the landfill which abuts wetlands. Mark said there’s trash, metal, debris, asbestos that’s been dumped into the wetlands. Mark presented a plan to pull the top of the landfill into a small area, regrade and install a cap over the landfill and restore the wetlands to their natural condition. He noted they are required by law to monitor the landfill for the next 30 years. Mark stated that the stormwater application has been submitted to DPW who will issue the permit once they’re ready to begin construction. Bruce stated that the project may need to be presented before the Mayor and City Council. The Commission asked Mark to make Smith Vocational School aware of this. Upon motion by Sue and second by Mason to continue the hearing until Feb. 28th at 6:45 p.m. at which time there will be a quorum to vote on the project. 6:15 PM Meeting with William Haber to discuss the removal removal of debris and restoration of a slope along Bassett Brook on Park Hill Road. William Haber appeared before the Board. Bruce stated a neighbor had complained that there was dumping on the property. Mason visited the site. Mason noted some debris, cans and a tarp at the site. Haber stated that he will pick up the debris but has only put brush, leaves and a fallen tree there and stated that it would help stabilize the erosion of the slope. The Commission discussed other options for stabilization one of which was to put a blanket material down which trees and plants can grow through that could be self-installed. Haber stated he would look into this option and Paul suggested he come back to the Commission to let them know of any progress. 6:30 PM Informal Discussion with Rebecca Castro about property located at 248 Park Hill Road. Cancelled. Other Business: Bruce stated he received the forest cutting plan for Marion Clapp’s property. Bruce stated the reconstruction of Rte 66 is going to get started and the Conservation Comm. will need to do a site visit. Bruce stated the March 12 CPA meeting will address the Turkey Hill and Sheldon Field projects. Bruce stated that DEP passed new stormwater standards. Bruce read a letter he received from Cooley Dickinson Hospital regarding their enforcement issues. A motion offered by Sue and seconded by Lisa recommending the Commission not sign off on their Certificate of Occupancy until the Commission can make a visual inspection and activities are completed. All in favor. Bruce stated that Mass. Development didn’t adhere to two conditions issued in their Order of Conditions. Mason suggested sending a copy of the conditions to Mass. Development with a copy to D.A.R. The Commission agreed. Bruce noted that he sent a letter to College Church and hasn’t received their plans yet. Bruce discussed the policy on the office website pertaining to referrals to consultants. The Commission will consider compiling a list of consultants. Review of Northampton Conservation Commission Bylaws and Rules of Procedure. Postponed. Meeting Adjourned: Motion By: Second By: Unanimous: 7:35 p.m. Lisa Mason All in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. February 28, 2008 Members Present Time Paul Wetzel, Chair X Lisa Fusco Mason Maronn X Susan Carbin Leslie King X Mike Vito X Staff Present Time Bruce Young X Aleta DeLisle X Meeting Opened At: By: 5:30 p.m. Paul Minutes Approved: Motion By: Second By: Unanimous: Feb. 14, 2008 Leslie Mike All in favor Corrections: Order of Business: 5:30 PM Continuation of a 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. Chuck Dauchy, Wetlands Consultant; Chris Wall, Berkshire Design and Peter Peduczeo, Open and Shut, LLC appeared before the Commission. Chris presented revised plans showing the re-location of 2 parking spaces, re-configuration of building, creation of a 10 foot buffer and relocated drain outlet to make restoration areas continguous. Chris noted he still needs to get approval from MA Highway for their wetland replication area. Chuck stated he is still proposing a restoration ratio of 2-1 and will provide pictures of the site. Chris noted land disturbed will be under one acre. Paul noted his concern regarding the size of the project for that site and the amount of impermeable surface. Leslie suggested making pavement porous. Mike noted his concerns regarding run-off issues. Mason noted the building was large for that site. Chuck stated he will have drainage calculations that meet state standards and stated that the wetland habitat would be more valuable then the area disturbed and the wetland resource area would be improved by his work. The Commission noted that comments may need to be sought from DEP regarding the isolated wetland. Mike asked about the location of snow. Chuck stated it would be part of the stormwater plan that will be submitted. Upon motion by Leslie and second by Mason the Commission voted to continue the hearing until April 10th @5:30 p.m. -3 in favor; 1 opposed (Paul). 6:00 PM Request for Determination of Applicability filed by Northampton Department of Public Works to determine whether the inspection and cleaning of the closed drainage section of the Williams Street Brook is subject to the Wetlands Protection Act/Northampton Wetlands Ordinance. Project location is within the Williams Street Brook drainage system from Old Old Ferry Road to Hockanum Road. Paulette Kuzdeba and Felix Harvey of Dept. of Public Works appeared before the Commission. Paulette stated they want to clean and film the system to determine capacity, and whether it needs repair or replacement. Felix noted he will be supervising the work in the field. Paulette stated DPW will be asking property owners for permission to access their property. She noted they won’t be driving through wetlands and will be utilizing manholes. Upon motion by Mason and second by Leslie the Commission voted to close the hearing. All in favor. Upon motion by Mason and second by Leslie the Commission voted to issue a negative determination by checking box two. All in favor. 6:30 PM Request for Determination of Applicability filed by Northampton Office of Planning and Development to determine whether the construction of a sidewalk along a section of the Norwottuck Rail Trail within Look Park (Map ID 16A-002) is subject to the Wetlands Protection Act/Northampton Wetlands Ordinance. Bruce Young presented plans to the Commision. Bruce noted that the original bike path section doesn’t meet the ADA requirements so a walkway needs to be built on the side of the bike path. He noted that it’s within 100’ of a manmade pond and a perennial stream that’s 104 ft. at the closest point. Upon motion by Mason and second by Leslie the Commission voted to close the hearing. All in favor. Upon motion by Leslie and second by Mike the Commission voted to issue a negative determination checking box two. 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. Mark Dueger, Advanced Technology Solutions stated the final plans were submitted to DEP and DPW along with stormwater plans. Upon motion by Mike and second by Leslie the Commission voted to issue an Order of Conditions with conditions #1-32. All in favor. Bruce Young stated that Freda Robertson passed away and Marianne LaBarge is fundraising for two memorial plaques to be placed at the Mineral Hills Conservation area. Regarding policy for naming Conservation areas the Commission agreed they would like them named after resource areas. Upon motion by Mason and second by Mike the Commission voted to approve the placement of plaques on rocks or benches. All in favor. 7:00 PM Meeting with Tighe and Bond to discuss the MassDevelopment proposal for a stormwater outlet into Bordering Vegetated Wetlands owned by the Department of Agricultural Resources. Dan Rukakoski, Tighe & Bond presented revised plans noting the outfall is the same design as proposed but is discharged further down slope. Upon motion by Mike and second by Mason the Commission voted to approve the design with the condition that MA Development goes to DAR asking for permission to use property and to designate Bruce as agent prior to submittal. All in favor. 7:15 PM Request for Certificate of Compliance filed by Park Homes, Inc. for an Order of Conditions issued for Park Homes, Inc. of 8 Hockanum Road, DEP File # 246-533. Bruce stated the applicant has submitted the As-built plan. Upon motion by Mason and second by Leslie the Commission voted to issue a Certificate of Compliance. All in favor. Other Business: Bruce stated that he and Wayne Feiden are working on a system to have Conservation Commission applications go through on a quicker turnaround to avoid excess continuances. Bruce suggested if projects aren’t complete they won’t advertise them. Leslie stated that the process can get better and more positive with more communication. Mason stated that Commission members may pick up on different things other then what’s required in the technical process. The Commission discussed procedures for continued projects. Bruce discussed with the Commission ideas for expending $15,000. from local ordinance replication requirements including creating wetland inside rotary in the Industrial Park and Barrett St. marsh. Upon motion by Mike and second by Leslie the Commission voted to authorize Wayne Feiden to request $400,000. for Conservation application if the CPC doesn’t vote on projects at their next meeting. All in favor. Review of Northampton Conservation Commission Bylaws and Rules of Procedure. Postponed. Meeting Adjourned: Motion By: Second By: Unanimous: 8:20 p.m. Mason Mike All in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. March 13, 2008 Members Present Time Paul Wetzel, Chair X Lisa Fusco X Mason Maronn X Susan Carbin X Leslie King X Mike Vito Staff Present Time Bruce Young X Aleta DeLisle X Meeting Opened At: By: 5:33 p.m. Paul Minutes Approved With Corrections: Motion By: Second By: Unanimous: February 28, 2008 Mason Leslie All in favor Order of Business: 5:30 PM Discussion with Douglas Kohl on Vernal Pool Assessment Protocol on Map 25C, Parcel 12 and 17 located at Northern Avenue and View Avenue. Paul read aloud letters from Atty. Brad Shimel and Atty. Michael Pill regarding a private lawsuit over a land dispute. The Commission agreed that whatever is happening outside the Conservation Comm. purview has no bearing on what the Commission does and agreed to review the vernal pool assessment protocol. Doug Kohl, Kohl Construction and Brian Madden, LEC Environmental Consultants appeared before the Commission. Doug stated that Brian and Ann Marton would be doing the field work. Paul discussed with the Commission and representatives of the project a list of comments needing clarification. Paul stated the Assessment states fixed photographic stations and hydrologic benchmarks that will be photographed periodically. Paul wants member of Commission to see where benchmarks are. Brian and Doug agreed. Paul asked if vernal pools will be mapped. Doug stated they would be mapped and certified if applicable. A discussion took place on how to measure precipitation and the locations of weatherstations. Paul stated visits will be two times per week and didn’t want them scheduled the same days or consecutive days. Brian said they will space out visits. Paul asked what kind of documentation there would be other than taking pictures and measuring. Brian stated they have a template data sheet and will provide a copy to the Commission. Brian said included is a checklist of what activity, species type, etc. Paul discussed methods of establishing edge boundaries. Doug stated they would record level off of benchmark and measurements would be pretty thorough. Mason asked if they would be starting work in the spring. Brian replied yes. Doug suggested that Commission members could accompany them on visits. Upon motion by Sue and second by Lisa the Commission voted all in favor to approve the vernal pool assessment protocol proposed with the following clarifications: 1) Member or agent of Conservation Commission go out and review photographic and hydrologic station. 2) Animal activity is recorded. 3) 2-3 days in between visits per week. 4) Reminder to remind applicant and consultant to document edge. 5) Applicant tells Conservation Commission how the precipitation will be measured/where they will get it. 6:00 PM Discussion of Conservation Commission application fees. Bruce stated that more people are applying for RFD’s vs. NOI’s which are less expensive to file and can take just as much time or more than a NOI. Mason reviewed other town fees. Bruce stated that the fee schedule needs to be reflected in the Code of Ordinances as well. Upon motion by Mason and second by Sue the Commission voted to raise the RFD fee from $$85.00 to $125.00. All in favor. Upon motion by Mason and second by Leslie the Commission voted all in favor to change the ordinance to reflect current practices and what our ordinances say. 6:15 PM Review of Northampton Conservation Commission Bylaws and Rules of Procedure. The Commission reviewed Land Use Regulations. Regulations #1-3 no change. Bruce asked the Commission if they wanted to allow more hunting on Conservation land. Lisa stated enforcement would be impossible and there are lots of other areas in Northampton to hunt. Lisa discussed state laws and liability issues. Leslie stated as long as there are other places to hunt to leave regulation as written. Paul stated the Commission may want to allow it at a later time. Regulation #4 no change. Regulation # 5 was amended to include: edible plants, berries and mushrooms for personal consumption. Regulation # 6 the Commission agreed to delete it from regulations. Regulation #7 was amended to include: except in jeep trail off Sylvester Road. Regulations #8 & #9 no change. Bruce stated the fees for violations are: $100. for 1st offense; $200. for 2nd offense; $300. after that. Upon motion by Sue and second by Lisa the Commission voted all in favor to accept the changes in land use regulations. The Commission postponed review of bylaws until the next meeting. Other Business: Bruce stated Kevin Lake of Washington Ave. has been appointed to the Conservation Commission. Bruce stated that CPC awarded Turkey Hill project $350,000. and that eligibility forms need to be filled out by April 1st for the next round. Bruce listed eligible projects that he and Wayne Feiden have discussed. Upon motion by Sue and second by Lisa the Commission voted all in favor to allow Bruce to submit eligibility request for Sawmill Hills and Mineral Hills and/or land purchase in the Meadows area. Bruce stated that Rte.66 project has started. Bruce presented a conservation restriction for Turkey Hill for members signatures. Meeting Adjourned: Motion By: Second By: Unanimous: 7:33 p.m. Sue Leslie All in favor Northampton Conservation Commission Minutes for March 27, 2008 Members present: Paul Wetzel, Susan Carbin, Leslie King, Mike Vito, Kevin Lake Staff Present: Bruce Young Paul opened the meeting at 5:30 PM 5:30 PM Continuation of a Request for Determination of Applicability filed by the City of Northampton to determine whether the boundaries of the resource areas depicted on the plans are accurately delineated. Project location is Damon Road, Map ID 25A-17. Mike moved to continue the hearing until April 24, 6:45 PM in the Hearing Room on the second floor of City Hall Sue seconded the motion All in favor 5:35 PM Request to extend Order of Conditions filed by Thomas Borawski, DEP File #246-547. Project is located at Kennedy Road, Map ID 14-009. Sue moved to issue a three-year extension Leslie seconded the motion All in favor 6:00 PM Doug McDonald, Stormwater Manager, discussed the placement of educational signage along Northampton’s rivers and streams and asked the Commission to brainstorm about areas that would benefit from signage. 6:20 PM The Commission reviewed some suggested changes to the Bylaws and Rules of Procedures and decided to continue the discussion. Meeting adjourned at 6:55 PM Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. April 10, 2008 Members Present Time Paul Wetzel, Chair x Lisa Fusco x Mason Maronn x Susan Carbin Leslie King x Mike Vito Kevin Lake x Staff Present Time Bruce Young x Aleta DeLisle x Meeting Opened At: By: 5:35 p.m. Paul Minutes Approved: Motion By: Second By: Unanimous: Corrections: Order of Business: 5:30 PM Continuation of a 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. Chuck Dauchy, Wetlands Consultant; Chris Wall, Berkshire Design and Gary Mead, Open and Shut, LLC appeared before the Commission. Chris presented revised plans to the Commission and discussed changes including decreased building size to 5,000 sq. ft. and revised grading. Chuck presented plan and photos showing no connection between isolated wetlands and bordering vegetated wetlands. Chuck discussed the degraded conditions of the wetlands and the restoration plan. Chris stated that MA Highway won’t give approval until they have reviewed the permit application. Chris pointed out where placement of snow would be and noted if necessary could be taken off site. Paul questioned buffers. Chuck stated they will provide over a 10’ buffer for bordering vegetated wetlands and restoration work will go to the end of the wetland to blend in. The Commission discussed the timetable for construction of building and restoration work. Chuck stated the work can be done simultaneously. Bruce questioned material of roof. Gary stated asphalt. The Commission discussed methods (including setting up bond and placing deed restriction) to ensure restoration work will be complete and to ensure that future owners adhere to mowing restrictions. Instead, Bruce recommended not issuing a Certificate of Occupancy if work is not complete and the option of issuing fines. Upon motion by Leslie and second by Mason the Commission voted all in favor to close the hearing. Upon motion by Mason and second by Leslie the Commission voted to approve the Notice of Intent with standard conditions and the following additional conditions: 1) Placement of boulders (include a plan to be approved by the Commission). 2) End of season report. 3) Include restoration procedures. 4) A copy of proposal to MA Highway. The Commission voted all in favor. 6:00 PM Discussion on Orders #34 and #35 in Order of Conditions DEP File #246-607 filed by Thomas Kegelman of TCB Hospital Hill, LLC. Project location is Burts Pit Road, Map ID 38A-88. Postponed. 6:15 PM Request for Certificate of Compliance filed by the City of Northampton Office of Planning and Development for Order of Conditions DEP File #246-90. Project location is the Meadows Conservation Area on Hockanum Road, Map ID 39-31. Bruce reviewed the history of the project and stated work has been done. Upon motion by Lisa and second by Leslie the Commission voted to issue a Certificate of Compliance. All in favor. 6:20 PM Meeting with Wayne Feiden, Director of Planning, to discuss subdivision regulations, land acquisition and M.G.L. c. 43D Expedited Permitting. Wayne distributed proposed revisions to the subdivision regulations and discussed basic changes. 1) Change the type of curbing in all subdivisions to granite. 2) Make subdivision roads amphibian/reptile friendly. If there’s wildlife the City would require tunnels under roads and/or angled curbs. For privately owned roads the top of the tunnel would be fitted with an iron grate. 3) All perennial and intermittent streams shall utilize open bottom culverts. Upon motion by Leslie and second by Lisa the Commission agreed they were good changes. All in favor. Wayne briefed the Commission on M.G.L. c. 43D expedited permitting noting incentives by issuing permits within 6 months and will be applying it to development at the State Hospital. Wayne reviewed status on conservation areas and land acquisitions and asked the Commission for approval to apply to CPA to purchase a piece of property that the Commission has already given prior approval to acquire. Upon motion by Leslie and second by Kevin the Commission voted to apply for CPA funds to purchase the piece of property on Morningside Drive. All in favor – 4; abstained –1 (Mason). Upon motion by Mason and second by Lisa by roll call vote the Commission voted all in favor to adjourn Regular Session and enter into Executive Session at 7:50 p.m. for the purpose of discussing land sale acquisitions. Upon motion by Kevin and second by Lisa by roll call vote the Commission voted all in favor to adjourn Executive Session and return to Regular Session at 8:25 p.m. .Other Business: Review of minor changes to the Smith College Maintenance Dredging Project: Gary Hartwell, Smith College Physical Plant and John Robinson, General Manager, Smith College appeared before the Commission to discuss removal of sod beneath equipment and work area along the Mill River. Upon motion by Lisa and second by Leslie the Commission voted all in favor to accept the minor change submitted by Bay State Environmental Consultants on March 31st for Paradise Pond dredging project. Paul discussed that MA Development is pursuing an Article 97 property release to change the outfall from City land to DAR land. Conservation Commission member appointments to the Economic Development, Land Use and Housing Committee, the Tree Committee, and the Channel Marker Committee: Upon motion by Leslie and second by Mason the Commission voted to appoint Lisa to the Channel Marker Committee. All in favor. Upon motion by Lisa and second by Mason the Commission voted to appoint Kevin to the Economic Development, Land Use and Housing Committee. All in favor. Bruce stated the Look Park bikepath project is being funded. Bruce stated that MA Highway has submitted their restoration plan. Upon motion by Mason and second by Lisa the Commission voted to approve their seed plan. All in favor. Scheduling of site visits for MassHighway wetland delineation and the North Street vernal pool delineation. Postponed. Scheduling of working meeting to review and revise the Northampton Conservation Commission Bylaws and Rules of Procedure. Postponed. Discussion on summer maintenance schedule for conservation properties. Postponed. Meeting Adjourned: Motion By: Second By: Unanimous: 8:45 p.m. Lisa Leslie All in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. April 24, 2008 Members Present Time Paul Wetzel, Chair x Lisa Fusco x Mason Maronn x Susan Carbin x Leslie King x Mike Vito x Kevin Lake x Downey Meyer x Staff Present Time Bruce Young x Aleta DeLisle x Meeting Opened At: By: 5:33 p.m. Paul Minutes Approved: with correction Motion By: Second By: Unanimous: April 10th Regular Session Kevin Leslie All in favor Order of Business: 5:30 PM Request for Determination of Applicability filed by the Massachusetts Highway Department to determine whether the boundaries of resource areas are depicted accurately. Project location is along Interstate 91. Upon motion by Mason and second by Kevin the Commission voted all in favor to continue the hearing to May 8th at 5:30 p.m. in the Hearing Room. Downey introduced himself as a new member to the Commission. Mike Veto stated this would be his last meeting with the Commission and stated how he enjoyed his work with the Commission. Bruce asked the Commission if they want to list member e-mail addresses on the website or if they want a separate e-mail address for the Commission. It was the general consensus of the Board that members would list their e-mail addresses on the website. 6:00 PM Request for Determination of Applicability filed by Trak Petroleum, LLC to determine whether site improvements and modifications to the parcel are subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is 54 Easthampton Road, Map ID 38C-075. Hal Chubah, Consulting Engineer representing Trak Petroleum presented plans to the Commission and discussed his proposal to renovate the existing gas station that’s been there for 25-30 years sitting on three acres of which 10% of the site is being used. He discussed his plans for the addition of a 2300 sq. ft. convenience store, replacing underground tanks, improving the drainage system, landscaping and lighting. Mason questioned prior gas spill and process of cleaning cleaning it up. Hal stated when tanks are removed they will excavate the contaminated soil and DEP will monitor the process. Paul asked if they could make a minor change to the location of outfall on the slope. Hal stated they would make change and Bruce will send him details. Paul asked if the current asphalt is removed. Hal said yes. The Commission discussed a treeline plan. Bruce questioned location of snowshelf. Hal stated there is room at the entrance where the billboard is. Downey questioned frequency of cleaning the oil water separator. Hal stated at least two times per year plus storms over three inches. Upon motion by Mason and second by Sue the Commission voted all in favor to close the hearing. Upon motion by Lisa and second by Leslie the Commission voted to approve a negative determination by checking box 3 and including conditions #1-32 and the following additional conditions: 1) Require emergency discharge system located at the base of slope. 2) Planting plan to include trees along wetland border from existing paved swale to end of grassy area every three trees to meet standards as required by Planning Board in design guidelines. 3) Snowshelf has slight bowl shape. The Commission discussed revisions of two floodplain regulations. Upon motion by Mason and second by Leslie the Commission voted all in favor for projects that require less than three cubic yards of fill, that the Commission may grant permission to place fill in bordering land subject to flooding without a conservation permit. Upon motion by Lisa and second by Kevin the Commission voted all in favor that a conservation permit is not required for any structure located in bordering land subject to flooding that does not require a foundation and is less than 400 square feet. 6:30 PM Request for Determination of Applicability filed by the City of Northampton Office of Planning and Development to determine whether replacement lighting at Maines Field is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is Maines Field Recreation Area on Riverside Drive. Bruce presented plans to the Commission for replacement lighting for expansion of field. Bruce stated proposal is to move the existing two lane gravel road and create a new one lane which partly falls within the 200’ river buffer. Mason stated to remove and replace at same grade. Bruce stated a couple of trees would be cut down. Upon motion by Lisa and second by Keven the Commission voted all in favor to approve the project with a negative determination by checking box 2 and with the condition that the new gravel roadway is one lane. 6:45 PM Continuation of a Request for Determination of Applicability filed by the City of Northampton to determine whether the boundaries of the resource areas depicted on the plans are accurately delineated. Project location is Damon Road, Map ID 25A-17. Berkshire Design appeared before the Commission to confirm resource boundaries on the site. Paul stated he had visited the site and that it looks accurately delineated. Upon motion by Sue and second by Lisa the Commission voted all in favor to approve delineation with a positive determination by checking box 2A. The Commission discussed the possibility of starting a green cemetery and authorized Bruce to create a more formal proposal. 7:15 PM Discussion with Douglas Kohl on Vernal Pool Assessment Protocol on Map 25C, Parcel 12 and 17 located at Northern Avenue and View Avenue. Doug Kohl and Gloria McPherson of Kohl Construction discussed with the Commission changing the vernal pool assessment protocol. Paul stated he visited the site and saw seven or eight photographic stations; three or four with water. Gloria stated there are two left with water. Upon motion by Sue and second by Leslie the Commission voted all in favor to amend the vernal pool assessment protocol to be reduced to one time per week until the approved original protocol starts June 1st. Doug invited the Commission to visit the site anytime. The Commission set up a meeting for April 30th @2:00 p.m. with Doug, the Commission and DEP Site Coordinator regarding complaints DEP received. Meeting Adjourned: Motion By: Second By: Unanimous: 7:35 p.m. Mason Sue All in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. May 22, 2008 Members Present Time Paul Wetzel, Chair x Lisa Fusco x left 7:45 Mason Maronn Susan Carbin x Leslie King x left 8:30 Kevin Lake x Downey Meyer x Staff Present Time Bruce Young x Aleta DeLisle x Meeting Opened At: By: 5:30 p.m. Paul Minutes Approved: Motion By: Second By: Unanimous: April 24, 2008 April 10th, 2008 Exec. Session March 13th 2008 with corrections Sue Sue Sue Lisa Lisa Lisa All in favor All in favor All in favor Order of Business: 5:30 PM Request for Determination of Applicability filed by the City of Northampton Department of Public Works to determine whether bridge restoration at Clement Street is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Paulette Kuzdeba, Dept. of Public Works appeared before the Commission and stated that the Clement St. bridge is closed due to repairs and that temporary trusses will be done before permanent trusses will be put in. She stated that work will be done from on top of the bridge and each section will be inspected by the state before the next section is done. A form of containment will be set underneath for catching debris. Paul questioned painting. Paulette stated painting will be done in the shop before delivery and possibly touched up by hand if needed. Paulette stated that equipment will be left on site. Bruce recommended to Paulette to send a notice of work to Natural Heritage. Downey questioned installation of silt fences which Bruce replied will be part of the standard conditions. Upon motion by Leslie and second by Sue the Commission voted all in favor to issue a negative determination by checking box 2. Discussion on annual beaver deceiver maintenance conducted at Barrett Street Marsh: The Commission discussed the beaver deceiver maintenance at Barrett Street Marsh with Paulette. DPW will pay for material. Discussion on sheep grazing at the Montview Conservation Area: Bruce discussed with the Commission whether to allow sheep grazing at Montview Conservation Area. Bruce stated he received a letter from Ben and Oona Coy who purchased a piece of land next to the conservation area and is requesting permission to allow six lambs to graze on a section of conservation area. Leslie asked if neighbors had any objections. Bruce said neighbors were highly supportive. Bruce described the history of the property. The Commission recommended that they offer a number of hours of labor to benefit the city in return. Lisa suggested the option of participating in the annual Meadow cleanup day. Upon motion by Leslie and second by Sue the Commission voted all in favor to allow them to graze sheep subject to appropriate restrictions. 6:00 PM Notice of Intent filed by Marilyn Bradley to construct an addition to a single-family house. Work will take place in Riverfront Area. Project location is 24 Coles Meadow Road, Map ID 13-11. The Applicant was not present. Bruce reviewed the project and showed where the addition would be. Bruce stated that a sediment fence would be put up. Upon motion by Lisa and second by Sue the Commission voted all in favor to issue an Order of Conditions with conditions #1-32. 6:15 PM Certificate of Compliance filed by the Hospital Hill Development Finance Agency for work conducted the Commonwealth of Massachusetts Division of Capital Asset Management. Project location is 1 Prince Street, Map ID 30D-007 (revised to Map ID 31C-17). Bruce stated that they had filed a Notice of Intent to remove 1,000 tons of trash and that permit conditions have been met. Upon motion by Lisa and second by Sue the Commission voted all in favor to issue a Certificate of Compliance. Discussion on wildlife crossing signs at the Cardinal Way Conservation Area: Bruce stated that people on Cardinal Way requested having amphibian tunnel/crossings. Bruce stated that regulations have been changed to allow amphibian tunnels for new subdivisions but not for existing ones and that he would work with them setting up wildlife crossing signs at the Cardinal Way conservation area. Paul suggested allowing placement of up to two signs. Bruce stated they have to be Dept. of Transportation approved signs. Bruce also noted to the Commission that there were requests for placement of signs to slow traffic down for child safety. The Commission discussed location of signs. Bruce stated that they could be placed on homeowner lawns. 6:30 PM Continuation of a Request for Determination of Applicability filed by the Massachusetts Highway Department to determine whether the boundaries of resource areas are depicted accurately. Project location is along Interstate 91. Timothy Meyer, MA Highway appeared before the Commission stating they will be applying herbicide along I-91 starting at the Conn. state line and going through to Vermont state line. Timothy noted that they will be targeting hazardous vegetation, detrimental vegetation and invasive vegetation and is looking for confirmation of delineation from Northampton and handed out a sheet explaining spray zones, limited zones and no spray zones. Sue questioned time of spraying. Timothy stated during regular work hours and would spray mid to end of July. Leslie questioned type of spray being used. The Commission discussed whether denied determinations in the past were for spraying or delineations. Timothy stated the Comm. can approve or not approve the delineation and DAR regulates the spraying program. Tim asked for a five year determination from the Commission. Lisa asked if there are guardrail areas that can’t be sprayed due to the proximity of wetlands. Timothy stated he wouldn’t treat those areas unless it was a hazard or detriment and stated that overgrowth could be a potential safety issue. Leslie and Sue stated they couldn’t confirm delineations based on the information presented. Timothy stated he could show the Commission by driving them around the areas. Leslie discussed the usual way of determining delineations. Bruce discussed scale requirements of map. Timothy stated if they cut down weeds they would have to set up a traffic plan. Lisa questioned any natural alternatives. Kevin asked if people spraying would carry the map with them. Timothy said yes. Leslie and Lisa stated they are not comfortable confirming delineation without it being flagged. The Commission discussed the precision of spraying guardrail areas in proximity to wetlands. Upon motion by Leslie and second by Sue the Commission voted to issue a positive determination by checking box 2b – boundaries of resource areas are not confirmed. Voted in favor: Sue, Leslie, Lisa, Downey. Voted not in favor: Paul, Kevin. The Commission recommended that the applicant come back with a map showing a scale of 1”=80’ and that the Commission drive out and look at the areas. Diane Brennan spoke to the Board in favor of getting traffic to slow down for amphibians at Cardinal Way and also stated her concern about children safety. Bruce stated that he would work with her and that the Commission is allowing up to two wildlife crossing signs and that they have to be Dept. of Transportation approved signs. Discussion on Easthampton Road recycling facility resource area cleanup procedures: Ed Allen, proprietor of the Recycling Facility on Rte 10 appeared before the Commission to discuss the stipulation attached to his site assessment by DEP to remove metal debris subject to Conservation Commission approval. Bruce stated he had met with Ed and that he, Paul and Downey looked at three areas of metal debris. The Commission discussed the location and accessibility of the debris. Ed stated he met with Dietz Construction who could bring down a mini loader with a machine on top that would pull up the debris. He noted on the east side trees would have to be removed for accessibility. Ed stated he will have to get permission from MA Audubon. Bruce spoke with MA Audubon who is unsure at this time and will hire a wildlife biologist to look at it. Bruce suggested to Ed to take pictures and write a narrative and assessment for when he returns to the Commission. Ed stated he wants to do the work in the fall of 2008 and that MA Audubon will be meeting in June. Bruce stated he would need to file a Notice of Intent due to the Natural Heritage endangered species overlay. Bruce will receive Natural Heritage comments and incorporate them into the plan. Discussion on Grove Street wetland replication area: Bruce told the Commission that the developer didn’t start their wetland replication until recently and discovered that the soil is all sand. Bruce stated that their plan is to line the replication area with 25 mil piece of plastic and place 1.5 feet of clay on top and to also take part of a wetland from another site and place it there. Leslie stated her concern about plastic lining. The Commission discussed the options of using clay with no plastic or creating a wetland replication at another site which was decided too costly. Upon motion by Sue and second by Downey the Commission voted all in favor to allow the developer to create a wetland with a recommendation to get wetland soil and propagules from the other site. Discussion on Cooke's Pasture and South Pasture mowing contract: The Commission discussed the mowing contract on Cooke’s Pasture and South Pasture. Bruce cited some issues with the person who has previously been mowing and recommended hiring someone else to mow. Upon motion by Sue and second by Leslie the Commission voted all in favor to hire Richard Jaeske to mow Cookes & South Pasture instead of David Jackson. 7:00 PM Request for Determination of Applicability filed by the City of Northampton Office of Planning and Development to determine whether adding fill to a gravel quarry is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is Turkey Hill Road, Map ID 34-002. Bruce showed the Commission the location where the City wants to to fill in. The Commission discussed whether the area is a wetland. Paul and Kevin questioned the type of fill, volume and placement. Downey questioned the cost and where funds would come from. Kevin discussed fencing the area. The Commission discussed safety and liability issues and whether there would be enough fill that would be needed. Sue and Downey suggested not filling it in. The Commission decided to continue the discussion at another time. Meeting Adjourned: Motion By: Second By: Unanimous: 8:38 p.m. Sue Kevin All in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. June 12, 2008 Members Present Time Paul Wetzel, Chair x Lisa Fusco Mason Maronn Susan Carbin x Leslie King x Kevin Lake x 5:50 pm Downey Meyer x Staff Present Time Bruce Young x Aleta DeLisle x Meeting Opened At: By: 5:35 p.m. Paul Minutes Approved with correction: Motion By: Second By: Unanimous: May 22, 2008 Sue Downey all in favor Order of Business: 5:30 PM Discussion on Vernal Pool Assessment Summary Report submitted by LEC Environmental Consultants, Inc. for Douglas Kohl. Project location is Northern Avenue and View Avenue, Map ID 25C-12 & 25C-17. Doug Kohl, Kohl Construction and Brian Madden, LEC Environmental Consultants, Inc. appeared before the Commission. Brian gave a summary report of the five benchmark study areas that were set up March 28th and confirmed by Paul. Brian noted that one area held water and the other four depressions dried up. Brian stated that they didn’t hold water for sixty days so they can’t be certified as vernal pools and that there weren’t any vernal pool obligate species, amphibians or breeding activity. Brian will be submitting data to National Heritage to confirm that they do not function as certifiable vernal pools. Brian stated that Dan Wells from Hyla Ecological met on site on two occasions and didn’t feel more visits were necessary and agreed with his report and stated that Molly Hale also agreed that they were not vernal pools. The Commission discussed the findings. Adam Cohen asked if the Commission wanted to extend the observation period till Oct. 15th.. Bruce read the Commission Ordinance and the Commission agreed that the observation period was over. Upon motion by Sue and second by Kevin the Commission voted all in favor to accept the LEC Environmental Consultants report that was submitted to the Commission June 5th, 2008. Other Business: Bruce updated the Commission on the CPC meeting regarding the purchase of two properties Sawmill Hills and Fitzgerald Lake and noted the final votes will be held on June 18th, 2008. The Commission discussed the status of article 97 legislative changes on DAR property. The Commission discussed adding fill to the gravel quarry on Turkey Hill Road. Paul stated that he spoke with Gary Hartwell, Physical Plant, Smith College who said they have 9,000 cu. yds. of fill consisting mostly of sand of various sizes. Downey stated that the wet area is 90 yds. x 40 yds. The Commission discussed whether they would be able to maintain a 45-degree slope using sand as fill. Paul stated that Smith would use Dietz Construction to deliver it at six trucks per hour. Keven questioned whether there would be an environmental downside by placing the fill there. The Commission discussed the status status of it being a wetland and also discussed safety issues and statistics. Paul suggested putting up signs and discussed installing fencing/cable. Upon motion by Sue and second by Leslie the Commission voted all in favor to reject putting fill in on the Turkey Hill quarry preserve. Sue recommended to the Commission eliminating the Conservation Commission representative position from the Tree Committee and will write a letter to the Committee on behalf of the Commission. Meeting Adjourned: Motion By: Second By: Unanimous: 7:07 p.m. Sue Kevin All in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. June 26, 2008 Members Present Time Paul Wetzel, Chair x Lisa Fusco x 7:15 left Mason Maronn x Susan Carbin Leslie King x Kevin Lake x Downey Meyer x Staff Present Time Bruce Young x Aleta DeLisle x Meeting Opened At: By: 5:30 p.m. Paul Minutes Approved: Motion By: Second By: Unanimous: June 12, 2008 Kevin Leslie all in favor Corrections: Order of Business: 5:30 PM Notice of Intent filed by Jeffrey Bruscoe to convert an enclosed porch into a larger two story living area. Work will take place in Bordering Land Subject to Flooding. Project location is 140 Fair Street Extension, Map Id 32-003. Jeffrey Bruscoe and James Demos appeared before the Commission and discussed their plans to convert enclosed porch into larger living space with second floor and remove right side of single story barn. Paul stated that some Commission members had visited the site. The Commission discussed compensatory storage calculations and elevations. Bruce stated that what they’re adding is bigger then the comp. storage showed on the plans. The Commission discussed options to gain more compensatory storage. Paul recommended revising the calculations and to take it out at the same elevation. Upon motion by Leslie and second by Downey the Commission voted all in favor to continue the hearing until July 24th @5:30 p.m. 6:00 PM Certificate of Compliance filed by James Harrity for project located at 53 Meadow Street, DEP File # 246-602, Map Id 22-12. Bruce stated that he visited the site twice and the stones are now in and the rain garden is planted. Upon motion by Mason and second by Leslie the Commission voted all in favor to issue the Certificate of Compliance. 6:05 PM Request for Certificate of Compliance filed by Jennifer Garbiel and April Achorn for project located at Lot #2 Dunphy Drive, DEP File # 246-510, Map Id 36-348. Bruce stated that he received the as-built plan and that the restrictions are on the deed showing a permanent wetland. Upon motion by Mason and second by Lisa the Commission voted all in favor to issue the Certificate of Compliance. 6:10 PM Request for Certificate of Compliance filed by Wright Builders, Inc. for project located at 65 Ward Avenue, DEP File # 246-608, Map Id 30B-118. Bruce stated that he inspected the site and that it looks good. Upon motion by Lisa and second by Mason the Commission voted all in favor to issue the Certificate of Compliance. 6:15 PM MassDevelopment update on the Department of Agriculture Stormwater Outlet Proposal. Project location is Burts Pit Road, Map ID 38A-88. Beth Murphy and Alan Delaney appeared before the Commission. Beth reviewed the project and stated that they designed the outfall on DAR property. DAR came out to the site. MA Development spoke with them at the local level and they were satisfied. Beth stated that the Mayor was able to get Rosenberg and Kocot to file legislation to get the plan approved. The legislation passed in the Senate but it still has to go to the House and get signed by the Governor. Beth stated that they won’t know when they will get an easement after the legislation passes. Beth and Alan updated the Commission on the status of the project and stated that the project can’t be held up any longer and requested permission to allow them to move forward with the original design. Upon motion by Mason and second by Lisa the Commission agreed that it was a de facto denial and voted to allow the applicant to continue along with the original plan. All in favor 5; abstained 1 (Paul). Other Business: Bruce stated that the CPC awarded $150,000. for the open space project at Sawmill Hill; $31,000. for the Fitzgerald Lake parcel and up to $35,000. for bikepath access at Jackson Street. Bruce stated an offer of $9,000. was made to purchase 18 acres of land off of Rte. 5 on the east side of the Ct. River across from the Packaging Corp. Upon motion by Leslie and second by Kevin the Commission voted all in favor to support the purchase of land. Bruce stated that there is a fire pit on the Fitzgerald Lake Conservation area. Dave Herships appeared before the Commission and stated that he notified the police but they can only issue a No Trespass Order when someone is present there. Dave asked for permission from the Commission to remove the tent and scatter the rocks. Bruce stated that he and Dave will clean it up. The Commission agreed to have it dismantled. Bruce stated that the City will be using the $15,000. from Microcal local ordinance replication requirements to do a feasibility and construction study on the rotary at the Northampton Industrial Park. Informal discussion with Marc Warner on constructing a footbridge over the Mill River. Marc Warner gave a powerpoint presentation to the Commission regarding the feasibility of constructing a footbridge over the Mill River. Marc pointed out the site location and walking trails and noted the benefits the footbridge would provide. Marc discussed using a pre-fab. truss bridge and noted that Smith Vocational would let them use equipment, staff, etc. Leslie questioned if any studies regarding desirability have been done. Mason stated the need to consider the floodplain. Paul and Lisa noted the nearby gas main that would need to be taken into consideration. The Commission discussed dog walking and parking concerns. Mason noted there would need to be a lot of community interest if CPA dollars were used. Downey noted the need to get permission from DAR. The Commission discussed riverfront and floodzone issues and the need to adhere to Conservation Commission criteria. Meeting Adjourned: Motion By: Second By: Unanimous: 7:40 p.m. Leslie Mason all in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. July 24, 2008 Members Present Time Paul Wetzel, Chair x Lisa Fusco (recorded votes) x Mason Maronn x Susan Carbin x Leslie King x Kevin Lake Downey Meyer Staff Present Time Bruce Young x Aleta DeLisle Meeting Opened At: By: 5:35 p.m. Paul Minutes Approved: Motion By: Second By: Unanimous: June 26, 2008 Sue Leslie all in favor Order of Business: 5:30 PM Continuance of a Notice of Intent filed by Jeffrey Bruscoe to convert an enclosed porch into a larger two story living area. Work will take place in Bordering Land Subject to Flooding. Project location is 140 Fair Street Extension, Map Id 32-003. Jeff Bruscoe and Jim Dimos appeared before the Commission representing the project. Upon motion by Leslie and second by Sue the Commission voted all in favor to issue an Order of Conditions with general conditions #1-32. The applicant will use a floating deck attached to the house that will sit on piers and have cables to prevent it from floating away. The Plan is approved up to the maximum amount of compensatory storage as shown in the Notice of Intent. 6:00 PM Request for Determination filed by John W. Ewing to determine whether the boundaries of area depicted on the plan are accurately delineated and whether the area is subject to jurisdiction of the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. No work is proposed at this time. Project location is 297 Wilson Road, Map 44-12, 55, 116 and 128-130. John Ewing represented the project. Upon motion by Sue and second by Lisa the Commission voted all in favor to issue a positive Determination of Applicability by checking box 2A. 6:15 PM Request for Determination filed by Louise Slysz for the Estate of Maryanne Romance to determine whether the boundaries of area depicted on the plan are accurately delineated and whether the area is subject to jurisdiction of the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. No work is proposed at this time. Project location is 1 West Street, Hatfield (rear portion of parcel located in Northampton), Map ID 08-006. Ward Smith, Valley Environmental Services represented the project. Upon motion by Sue and second by Leslie the Commission voted all in favor to issue a positive Determination of Applicability by checking box 2A. 6:30 PM Notice of Intent filed by Jeanette and Robert Callander to repair an existing stone wall, remove a patio and construct a sunroom addition. Work will take place within the 100' buffer of an intermittent stream. Project location is 68 Blackberry Lane, Map ID 18C-136. Keith Morris and Nelson Shiflett represented the project. The Commission discussed the project. Upon motion by Sue and second by Leslie the Commission voted all in favor to close the hearing. Upon motion by Sue and second by Leslie the Commission voted all in favor to issue an Order of Conditions with general conditions #1-32. 6:45 PM Notice of Intent filed by Susan Clopton and John Levine for an addition to a single-family house. Work will take place in the 100' buffer zone of Bordering Vegetated Wetlands. Project location is 1157 Florence Road, Map ID 44-086. Ryan Joyce, New England Environmental and Susan Clopton represented the project. The Commission discussed the project. Upon motion by Leslie and second by Sue the Commission voted all in favor to close the hearing. Upon motion by Mason and second by Leslie the Commission voted all in favor to issue an Order of Conditions with general conditions #1-32 and to allow a waiver of closer then 50’ to wetlands due to the existing paved area. 7:00 PM Notice of Intent filed by Helen Glazewski to elevate a single-family home above the 100-year flood elevation level and to demolish an existing single-story garage. Work will take place in Bordering Land Subject to Flooding. Project location is 503 Mount Tom Road, Map ID 46-058. Bruce Young, Office of Planning and Development represented the project. The Commission discussed the project. Upon motion by Leslie and second by Mason the Commission voted all in favor to close the hearing. Upon motion by Mason and second by Sue the Commission voted all in favor to issue an Order of Conditions with general conditions #1-32. . 7:30 PM Notice of Intent filed by the City of Northampton Office of Planning and Development to remove a driveway and a dilapidated single-family home and restore the disturbed area. Work will take place in the 100' buffer of Bordering Vegetated Wetlands and Bordering Land Subject to Flooding. Project location is 33 Sylvester Road, Map ID 35-040. Bruce Young, Office of Planning and Development represented the project. The Commission discussed the project. Upon motion by Leslie and second by Mason the Commission voted all in favor to close the hearing. Upon motion by Sue and second by Leslie the Commission voted all in favor to issue an Order of Conditions with general conditions #1-32. Other Items: Enforcement Order, St. Mary’s Church: The Commission discussed the violation with Ryan Joyce of New England Environmental. Upon motion by Mason and second by Sue the Commission voted all in favor to revise the enforcement order to reflect the following: 1) In the spring, the applicant must determine whether the disturbed area is a vernal pool. 2) The applicant must provide a resource area delineation for the entire parcel. 3) The applicant needs to put 3’x3’ boulders blocking off the area that has been disturbed and any other resource area. Upon motion by Sue and second by Leslie the Commission voted all in favor to adjourn the meeting. Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. August 28, 2008 Members Present Time Paul Wetzel, Chair x Lisa Fusco x Mason Maronn Susan Carbin x Leslie King Kevin Lake x Downey Meyer x Staff Present Time Bruce Young x Aleta DeLisle x Meeting Opened At: By: 5:33 p.m. Paul Minutes Approved: Motion By: Second By: Unanimous: June 26, 2008 Sue Lisa all in favor Order of Business: 5:30 PM Meeting with Nonotuck Land Fund. Joanne Montgomery and Adele Franks, Co-Chairs of the Nonotuck Land Fund appeared before the Commission. Joanne introduced Board Members Dan Dadmun, Steve Retchin and Dave Herships. Joanne stated she was seeking the Commission’s support for CPA funding of the Marblehead Conservation project by confirming that the parcel is a valuable piece of property to preserve. Joanne gave a powerpoint presentation stating the parcel was 168 acres situated west of Kennedy Rd. and north of Chesterfield Road. Joanne reviewed the background of the property and described described how the project fulfills the priorities of the Open Space Plan and Sustainable Northampton Plan and reviewed the terms of the Conservation Restriction. The Commission discussed public accessibility to the site. Joanne noted that up to twelve hikes a year would be incorporated into the CR. Sue stated that a project can still be in the public interest without public access to it. Bruce Hart stated his concerns regarding public access. Lisa questioned how they will keep hunters and public off the land. Joanne stated that family owners are stewarding the land and that posting the site will be incorporated into the CR. The Commission discussed land values and purchase price and noted concern regarding possible future funding if land is landlocked or has no public access. Bruce noted that grants require public access now. Bruce suggested a 10’ right of way access rather then twelve hikes/year. Joanne stated the owner wants to retain forestry rights. Bruce stated there could be habitat issues regarding forestry plans. Lisa questioned what is actually developable regarding wetlands on the site. Adele stated they would be hiring someone to do an assessment. Bruce Hart questioned whether vernal pool protection, habitat preservation and invasive control can be incorporated into the CR. Joanne stated that the CR owner has the right to address these issues. Upon motion by Sue and second by Lisa the Commission agreed to send a letter to the CPC confirming the property to be a valuable piece of property regarding watershed and habitat conservation from the Conservation Commission’s standpoint. 5:45 PM Request for Extension of Order of Conditions filed by Wright Architectural Millwork, 115 Industrial Drive, DEP File #246-566. Upon Upon motion by Lisa and second by Sue the Commission voted all in favor to extend the Order of Conditions for another three years. 6:00 PM Meeting with Broad Brook Coalition. Bruce Hart and Frank Olbrich, members of Broad Brook Coalition appeared before the Commission to discuss issues relating to the CPA grant they are applying for regarding the easement on Cloverdale Circle and Fitzgerald Lake. Bruce Hart discussed with the Commission the need to use chemical means to control invasive plants and noted that he has been unsuccessful removing them by hand. He asked for the Commission’s support to use herbicides. The Commission discussed the amount of area that would be sprayed and the probability that it would be spot sprayed vs. patch spraying. Paul recommended re-seeding/re-planting any large areas to help natives grow back. Bruce Hart suggested that he might extend the plan for more then three years in hopes of controlling the exotic plants. The Commission recommended that the landowner be notified. Bruce Bruce Hart noted the discussion he’s had with the landowner to date. Bruce Hart noted the main focus of species would be phragmites, possibly buckthorn, autumn or Russian olive and knapweed (but wouldn’t use herbicides for knapweed). Upon motion by Downey and second by Kevin the Commission voted all in favor to support Broadbrook Coalitions effort for CPA funding for invasive control in and around Fitzgerald Lake. Other Business: Paul discussed Mason’s attendance at CPA meetings and noted that he received a call from Bruce Hart in the spring who felt the Commission wasn’t providing adequate advocacy support on the CPC. Paul will ask Mason to step down. Lisa stated her interest in representing the Commission. Bruce stated that the City is moving forward on the following items: 1) The purchase of land on Rte. 5 previously approved by the Commission due to go before City Council on Sept. 4; 2) The feasibility study for a wetland replication area in the Industrial Park; 3) The wetland permit application fee increases; 4) Accepting the Beaver Brook Conservation Restriction. Bruce asked for the Commission’s support for CPA funding for the following three items: 1) $50,000. be transferred into the Conservation Fund for items including soft costs, legal fees and surveys. 2) $100,000. be transferred into the Conservation Fund for land acquisition. Bruce noted that it was a legal process and that the money could be accessed quicker when a project comes up. Paul noted his concern about the possibility of funds not being used in a timely fashion. 3) Purchase of a five acre parcel on the east side of Fitzgerald Lake for $5,000.00 and purchase of a twenty acre parcel south of Turkey Hill. Bruce noted that the seller would retain logging rights. Bruce stated that they don’t have an option to purchase for either parcel yet. Downey offered to do a presentation before CPC for the projects. Upon motion by Downey and second by Sue the Commission voted all in favor to approve the three CPA projects as discussed. Meeting Adjourned: Motion By: Second By: Unanimous: 7:38 p.m. Lisa Kevin all in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. September 11, 2008 Members Present Time Paul Wetzel, Chair x Lisa Fusco x Mason Maronn x Susan Carbin Leslie King x Kevin Lake x Downey Meyer x Staff Present Time Bruce Young x Aleta DeLisle x Meeting Opened At: By: 5:30 p.m. Paul Minutes Approved: Motion By: Second By: Unanimous: Order of Business: 5:30 PM Notice of Intent filed by Sandra Pinkham for a driveway crossing for a single-family home. Work will take place in the buffer zone of a Bordering Vegetated Wetland. Project location is 348 Westhampton Road, Map ID 36-199. Alec MacLeod, Environmental Scientist, represented the applicant. Alec presented plans depicting the portion of work that falls in the buffer zone and noted the area that would be cleared, graded and seeded. Alec noted most of the yard and septic system is not within the buffer zone. Bruce recommended placing boulders around the limited work line as a reminder not to mow in the wetlands. Bruce recommended using 3’ x 3’ boulders for less chance of having them moved. Paul asked if the public had any comments. Joanne Montgomery. Co-Chair of the Nonotuck Land Fund asked if the Commission would consider asking Beaver Brook to amend their wall so wildlife can pass through. Bruce explained that it wasn’t a solid wall and that there’s enough room for wildlife to move through. Upon motion by Leslie and second by Kevin the Commission voted all in favor to close the hearing. Upon motion by Leslie and second by Kevin the Commission voted all in favor to issue an Order of Conditions with conditions #1 through #32 and to place 3’ x 3’ boulders every 15 feet along the limited work line. Other Business: Discussion of the Open Space section of the Community Preservation Plan. Bruce stated that the CPC was required to study the community’s present needs and goals and incorporate the findings into a plan which needs to be reviewed annually. Bruce asked if the Commission had any changes or amendments to the Open Space section of the plan. Mason stated the plan has worked well. Bruce outlined the plans and agreed with Mason. Paul asked if there was any comments from the public. Adele Franks, Co-Chair of the Nonotuck Land Fund found it to be general but adequate in filing their CPA application. Under the Background Section Paul questioned whether “biofuel” could be misconstrued. Under the Background Section the Commission recommended deleting the following sentence: “Rapid building development, however, destroys approximately 100 acres of open space per year in Northampton with development pressures increasing by the year.” The Commission also recommended deleting the first word “Suburban” in the next sentence that followed. Under the Needs Section the Commission discussed the following items and will hold future discussions to review the plan to achieve these goals: -Permanent protection of Smith Vocational agricultural and forestry lands and of undeveloped lands at the Veterans Administration Hospital and the County Long Term Care Facility. -Linkage and augmentation of open space parcels, to provide for passive recreation and wildlife movement between large natural habitat areas. The Commission recommended adding “including surrounding adjacent towns” to the above sentence. The Commission discussed the possibility of applying for CPA funds to do a wildlife study in determining target areas to protect. Paul reviewed attendance of the Commission’s representative at CPC meetings. Paul recommended attendance be a minimum of 80% of meetings. Mason stated that he’s represented the Commission for two years on the CPC which meet on the 1st & 3rd Wednesdays of the month. Mason noted activities involved with the CPC including performing site visits and meeting with applicants. Mason noted that currently he didn’t foresee any scheduling conflicts with the CPC meeting schedule. Paul recommended the possibility of appointing an alternate if Mason foresees missing meetings for a period of time and the potential interest of other members for replacement if needed. Bruce asked for the Commission’s approval to apply for additional funding from the CPC for the Sawmill Hills project already approved by the Commission if they don’t get anticipated funding from other grants. Upon motion by Downey and second by Mason the Commission voted all in favor to apply for additional funds. Meeting Adjourned: Motion By: Second By: Unanimous: 6:35 p.m. Lisa Kevin All in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. September 25, 2008 Members Present Time Paul Wetzel, Chair x Lisa Fusco Mason Maronn x Susan Carbin x Leslie King Kevin Lake x Downey Meyer x Staff Present Time Bruce Young x Aleta DeLisle x Meeting Opened At: By: 5:35 p.m. Paul Minutes Approved: Motion By: Second By: Unanimous: 09/11/08 08/28/08 Sue Sue Downey Downey all in favor all in favor Order of Business: 5:30 PM Notice of Intent filed by Amy and Paul Serio to construct a garage and an addition to a single-family home. Work is proposed to take place in Riverfront Area and in the buffer zone of Bordering Vegetated Wetlands. Project location is 439 Haydenville Road, Map Id 06-053. Chuck Dauchy, Wetlands Consultant represented the project. Also, in attendance were Amy and Paul Serio and David McCutcheon. Bruce, Kevin, Downey and Paul previously visited the site. Chuck reviewed the project and stated that DEP had no comments other then the boilerplate. Chuck stated stated that they are complying with riverfront development criteria. Chuck pointed out an area previously mowed as lawn will that will be used as wetland mitigation. He noted that stormwater management isn’t applicable to the project and that Natural Heritage & Endangered Species responded that the project has no adverse impact on wildlife habitat. Bruce stated that the project could be permitted through the wetlands protection act but not through the city ordinance noting that mitigation is not part of the waiver. Bruce stated that the ordinance is cut and dry. Downey and Sue agreed. The Commission discussed other possible alternatives. Downey read the ordinance. Paul stated that they could appeal the project. Chuck noted that it wouldn’t be feasible. Chuck stated if the Commission is not willing or able to provide a waiver for the work within the 50’ buffer zone and using an area of lawn for mitigation that they would come back to the Commission with revised plans. Upon motion by Sue and second by Mason the Commission voted all in favor to continue the public hearing until October 23rd, 2008 @5:30 p.m. 6:00 PM Informal meeting with Rick Klein of the Berkshire Design Group to discuss the Fairgrounds Master Plan. Rick Klein, Berkshire Design Group appeared before the Commission and discussed the Fairgrounds 20 year master plan noting that it’s a joint joint project between the fairgrounds, City and the Chamber of Commerce. Rick stated that it will be a multi-use facility holding events year round. Rick reviewed the current condition of the buildings and the new proposed layout including taking down the existing horse barns and replacing them with three new ones with portable stalls. Rick stated that they would be submitting a Notice of Intent to the Commission in the near future and that he would have compensatory storage figures at that time. Paul questioned whether stone dust pads are impervious. Rick stated that they were pervious. The Commission discussed the detention pond and drainage system. Paul noted that he preferred open waterways as opposed to closed waterways. Paul questioned a waste management system. Rick reviewed the process and noted that it will be more efficient with the upgrade. Other Business: Bruce stated that Northampton Party World is looking to obtain a Certificate of Compliance in order to sell their building. Bruce noted that all the conditions have been met except for one condition of cleaning out the detention swale. Bruce spoke with Huntley Associates who said they would complete the work. Upon motion by Mason and second by Sue the Commission voted all in favor to issue the Certificate of Compliance with the condition that the remaining work is complete within 30 days. Bruce noted that a new vernal pool has been certified on Sylvester Road. Bruce noted that a new Natural Heritage Map for Priority Habitats and Estimated Habitats is coming out soon. Meeting Adjourned: Motion By: Second By: Unanimous: 7:05 p.m. Sue Downey all in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. October 23, 2008 Members Present Time Paul Wetzel, Chair x Lisa Fusco x Mason Maronn Susan Carbin Leslie King x Kevin Lake x 7:50 left Downey Meyer x Staff Present Time Bruce Young x Aleta DeLisle x Meeting Opened At: By: 5:33 p.m. Paul Minutes Approved: Motion By: Second By: Unanimous: Sept. 25, 2008 July 24, 2008 March 27, 2008 Downey Leslie Kevin Kevin Downey Leslie all in favor all in favor all in favor Order of Business: 5:30 PM Continuation of a Notice of Intent filed by Amy and Paul Serio to construct a garage and an addition to a single-family home. Work is proposed to take place in Riverfront Area and in the buffer zone of Bordering Vegetated Wetlands. Project location is 439 Haydenville Road, Map Id 06-053. Chuck Dauchy; Wetlands Consultant and Amy Serio were present. Chuck presented the modified plans to the Commission and stated that they meet DEP requirements and that they comply with the city’s ordinance ordinance in terms of the 50’ setback. The Commission discussed the location and maintenance of the septic system. Downey stated his concern regarding possible encroachment in the buffer zone and discussed the city ordinance regarding this regulation. Downey noted his concern about making exceptions to the ordinance on future projects. Kevin, Leslie and Lisa noted the need to assess this on an individual basis. Paul noted that the applicant doesn’t have the option of hooking into the public sewer system. Chuck stated there would be no negative impact on the wetlands. Downey inquired about excavation equipment. Chuck stated that they can use wide track equipment to minimize the compaction of sand and gravel and noted the change in run-off would be minimal and they could cultivate and re-seed the area. Upon motion by Downey and second by Lisa the Commission voted to issue an Order of Conditions with general conditions #1-32 with the understanding that the equipment is allowed under the exception 337-4 of the wetlands ordinance within the 50 foot temporary encroachment zone because the applicant is providing extraordinary restoration measures. And, that the septic tank is allowed under the exception 337-4 of the wetlands ordinance performance standards for sanitary sewer. All in favor – 4; opposed – 1 (Downey). 5:45 PM Notice of Intent filed by Peter Flinker to reconstruct a barn with an addition. Work is proposed to take place in the buffer zone of Isolated Wetlands. Project location is 502 Haydenville Road, Map ID 06-006. Peter Flinker presented revised plans to the Commission. Some members had visited the site. Paul described the property. The Commission Commission discussed the location of work line. Downey stated his concerns regarding the City ordinance and encroachment within the 50’ buffer zone and concerns with this issue on future projects. Upon motion by Downey and second by Leslie the Commission voted all in favor to issue an Order of Conditions with general conditions #1-#32 and with the condition that the proposed limit of work line will be moved to follow the 50’ setback and that work will only occur within the existing footprint. 6:00 PM Notice of Intent filed by Edward Allen for side slope surface improvements and the removal of surface debris. Work is proposed to take place in Riverfront Area, Bordering Land Subject to Flooding and Bordering Vegetated Wetlands. Project location is 234 Easthampton Road, Map ID 44-115. Bruce requested a continuance of the project to November 13th at 5:30 p.m. in the Hearing Room. Upon motion by Kevin and second by Leslie the Commission voted all in favor to grant the continuance. Other Business: Discussion of Haydenville Road Cemetery Enforcement Order: Robert Quinn, Atty., Our Lady of Hills Parish appeared before the Commission and stated that the Parish had completed the removal of foreign materials in and near the wetlands. He noted that the project is complete except for the evaluation of vernal pools which will be done in the spring. Mr. Quinn asked if the Commission would allow them to delineate part of the parcel rather than the whole forty-five acres. Upon motion by Kevin and second by Downey the Commission voted all in favor to modify the Enforcement Order to limit the delineation to the area from the rock wall forward to Haydenville Road with the condition that the property owner grant permission to the Conservation Commission to allow the Conservation Commission or their representative on their property to identify vernal pools. Robert Adams appeared before the Commission to straighten out confusion he encountered regarding the volunteer position he applied for with the Commission. Paul stated that there are no longer associate member positions on the Commission and that the next opening for membership will be in March. Bruce showed pictures of a new beaver dam that’s creating problems in the Barrett St. Marsh. The Commission discussed trapping procedures, beaver deceivers and breaking down dams. Leslie stated her concern that it shouldn’t be the Commission’s responsibility to continuously maintain the dams. Paul will call Ellie Shelburne to assist in creating a solution based group. Bruce noted that when the Commission’s representative of the CPC misses Conservation meetings he also misses being informed of some CPA issues. The Commission agreed that they would like the representative to attend 100% of the meetings in the foreseeable future and asked that the Chairman relay this to the representative in case a replacement needs to be appointed. Bruce stated the request for money for the Ryan Rd. project is currently before the CPC. Bruce stated that a letter on behalf of the Conservation Commission in support of the Nonotuck Land Fund was submitted to CPC. CPC requested an opinion from the Commission regarding the purchase price of the property. Bruce stated that O.P.D. disagrees with the purchase price and discussed the reasons. The Commission discussed previous land purchases and public access of those areas. The Commission decided that the purchase price for the Nonotuck Land Fund parcel was too high without public access and by comparisons to previous purchases made. The Commission discussed hazard tree removal procedures and will continue the discussion at a future time. Meeting Adjourned: Motion By: Second By: Unanimous: 8:07 p.m. Leslie Lisa all in favor