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25C-251 Three County Fairgrounds- Certificate of Compliance-246-635--1-13-2010Owner Applicant Hampshire, Franklin and Hampden Agricultural Hampshire, Franklin and Hampden Agricultural Society Society City of Northampton City of Northampton 59 Fair Street 212 Main St. 59 Fair Street 212 Main St. Northampton, Massachusetts 01060 Northampton, Massachusetts 01060 413-584-2237 hampfair @verizon.net City of Northampton department: Yes Today's Date: 11/15/2010 Application for following Permit Types Planning Bd. Special Permit w/ Site Plan Planning Bd. Special Permit w/ MAJOR Site Plan NO Special Permit Planning Bd. Major Site Plan Approval (No Special Permit), including 40R projects Subdivision Preliminary Subdivision Definitive with no Preliminary Approved Zoning Board Special Permit Appeal of Building Commissioner Zoning Variance Historic District (Elm St) Determination of Appropriateness Wetlands Notice of Intent IF state wetlands Permit Application Work Location Information How many lots involved in the project: 7 Map Block Lots of all lots in project: 25 -044; 25C -251; 25C -263; 25C -264; 32 -001; 32A -249; 32A -251 Deed Book of all lots in project: 1949 192;252 -407; 721 -51; 3977 -66; 650 -185; 601 -65; 1121 -478; 1293 -406 Project work address: 59 Fair Street City State Zip: Northampton 01060 Zoning District: SC Planning Bd. Special Permit w/ Site Plan for flag lots Planning Bd. Site Plan (NO Special Permit) Approval Not Required Plans Subdivision Definitive with Preliminary Approved Subdivision Definitive Amendment Zoning Board Finding Comprehensive Permit (40B) Demolition (Demolition Delay) Central Business Architecture Wetlands Notice of Intent IF ONLY local wetlands 210 Main St., Rm. 11, City Hall, Northampton, MA 01060 (413) 587 -1262 Wetlands Request for Determination OR Resource Delineation Wetlands Certificate of Compliance reauest Wetlands Amendment or extension 210 Main St., Rm. 11, City Hall, Northampton, MA 01060 (413) 587 -1262 Fee Information Total Fee Amount: Existing Use Agricultural fairground $0.00 Planned Use The applicant is requesting the Conservation Commission consider an Amendment to the Final Order of Conditions for the redevelopment of the Three County Fairground. This amendment seeks to clarify the limits of work for Phase 1 and does not significantly change the proj ect. While the overall Master Plan that was approved by the Commission on April 5, 2010 with the issuance of a Final Order of Conditions (MassDEP File #246 -0635) has not changed, the specific scope of work defined as Phase 1 on the plans has changed. The Final Order of Conditions (Book 10153, Pg. 78) references the following approved plans and documents as the most recent submission: 1. Notice of Intent Plans, dated 3/5/2010 2. Stormwater Permit Plans and Report -Phase 1, dated 3/18/2010 3. Phasing Plan, dated 3/9/2010 The overall Notice of Intent Plans as indicated above and approved by the Commission have not changed substantially. The limit of work delineated on the Stormwater Permit Plans and Report -Phase 1, have been modified slightly after further consideration of project feasibility, estimated construction sequencing and other permitting authorities. The expanded scope of work is limited to items presented in the approved Notice of Intent Plans referenced above. This amendment requests the inclusion of the following site related items to Phase 1: A. The relocation of 2 existing show rings which are currently located within the work area for the proposed barns. B. The addition of the promenade located to the south and west of the proposed barns. C. The installation of additional stormwater management infrastructure. 210 Main St., Rm. 11, City Hall, Northampton, MA 01060 (413) 587 -1262 D. The addition of other site utilities such as but not limited to: water line improvements, sanitary services, site electrical, and site lighting. E. Additional shed and outbuilding demolition. F. Expansion of the trap rock gravel surfacing in the northeast corner of the site. The procedures for amending a Final Order of Conditions as described in the DEP Wetlands Program Policy 85 -4 allow for an amendment to a Final Order if the Commission considers such factors as; 1) Whether the project purpose and scope has changed, 2) Whether the proj ect meets relevant performance standards, and 3) Whether the project has potential for adverse impacts to protected statutory interests. In regards to item 1; the overall purpose of the project has not changed. Any changes are limited to the scope of work as shown in the 3/18/2010 Stormwater Permit Plans. All additional work currently proposed for Phase 1 is consistent with the approved Notice of Intent Plans dated 3/5/2010. The amended Phase 1 project meets all relevant performance standards. A Northampton Stormwater Management Permit was issued on 11/8/2010 for all work currently depicted for Phase 1 satisfying item 2. In addition, a Zoning Board of Appeals finding was granted and the project, as currently shown, received unanimous approval by the Planning Board on 11/10/2010. Lastly, no adverse impacts to protected interests will be associated with the proposed Phase 1 project. All stormwater management improvements are in compliance with current DEP and City standards. Additional stormwater infrastructure has been proposed to expand improvement of the existing stormwater drainage system and to increase the overall compensatory flood storage volumes for Phase 1. Detailed Project Information Wetlands Description: no waivers requested Files Uploaded: By typing my name in the signature box, I certify that all the information above is accurate to the best of my knowledge, I am the property owner or have permission from the property owner to apply for this permit. I also grant permission to the City of Northampton to inspect the proposed work Signature: Jeffrey Squire Date Signed: 11/15/2010 210 Main St., Rm. 11, City Hall, Northampton, MA 01060 (413) 587 -1262 Confirmation of Conversation and Request for Enforcement Order November 4, 2010 Ms. Sarah LaValley Conservation Agent Planning Department City of Northampton Dear Sarah, Thank you for the conversation we had on Tuesday November 2; I felt that it both clarified the procedures to be followed regarding the current redevelopment proposal moving through the Planning Board and als! o gave me a chance to voice some of my concerns. I ! am writing primarily to confirm my understandings resulting from our conversation. It is my understanding that the Conservation Commission has not yet considered or signed off on the redefinition of "Phase 1" of the redevelopment of the Fairgrounds, despite the assertion by staff at the Planning Board hearing of October 28 that the Conservation Commission felt that "no further determination was needed" and that the plan before the Planning Board was "not substantially different" from the one presented to the Conservation Commission in March. You indicated to me that the plans are not yet fully finalized and that they will come to the Conservation Commission for consideration after the application is complete. As I understand it, ConsCom will consider the plans for projects not included in the version of Phase 1 on which they ruled in March 2010; these projects include the new proposals involving disturbance of an additional 200,000 square feet of land for such things as! complete demolition of all the horse barns along Cross Path Road (not just the two long barns I recall being discussed in March), a concrete walkway 12 feet across and some hundreds of feet long, a "multi-purpose area" of considerable extent to be surfaced with trap rock gravel, the building of three new horse rings to replace two currently existing rings, and the drainage systems associated with those projects which implement parts of the master system that is intended to dispose of water on my land. It was very helpful to know that these projects will come before the Conservation Commission, because at the Planning Board meeting of October 28, 2010, as I indicated, it was stated that ConsCom had decided that "no further determination was needed" on the plans because ConsCom had decided they were "not substantially different" from the plans ConsCom approved in the spring. At the time I wondered how and when such a determination came about, since I had seen no ag! enda item pertaining to the Fairground on Conservation Commiss! ion agendas, nor had I received any abutter's notice for such consideration. It has caused me considerably anxiety to think that additions to the plans for Phase 1 of the redevelopment of the Fairground of the magnitude above would be undertaken without proper consideration by the Conservation Commission. Last spring it was reassuring to have the open process that we as abutters and neighbors were afforded, involving site visits and opportunities for the public to voice concerns about the matter, as well as the very careful examination of the plans by ConsCom members, before approval was granted for the horse barns. I was also reassured by the conditions that ConsCom set on the development, particularly conditions 38-43, which seemed to be a reasonable compromise allowing the Fair to proceed with some of its projects while also protecting the neighborhood from further adverse effects associated with Fair activities and building projects. I am requesting that the ! Conservation Commission issue an enforcement order based on condition 43 of the Order of Conditions which states "no work can take place other than horse barn demolition, construction of new barns and related drainage improvments described for Phase 1 in the Notice of Intent and referenced plans, until an Order of Conditions permitting offsite drainage improvements has been issued by the Northampton Conservation Commission". Please direct the Fair Association to file a notice of intent and obtain an Order of Conditions before proceeding with any work or engaging in any activities pertinent to redevelopment in the jurisdiction area under the Conservation Commission that goes beyond those permitted. Such an order seems particularly critical in view of the stated intent of the Fair Association to begin construction on November 5, tomorrow, as stated by Bruce Shallcross in the Gazette two weeks ago. Please put this matter o! n the agenda for the Conservation Commission as soon as possib! le and please inform me of the date, time, and place at which it will be discussed. It was also very helpful to be able to voice to you some of my initial concerns about the proposed additions to Phase 1. As I recall, we discussed the following issues, which are merely my initial responses to the proposals. First, as indicated above, the project is being segmented; that is, elements of Phase 2 are being constructed as part of Phase 1, which could make the disposal of water onto my pasture either a fait accompli or an inevitability. It was also my understanding that the DPW had decided that large scale redevelopment of the Fairground site had to be coordinated with the development of plans for the roads around the site: Old Ferry Road, Cross Path Road, and Fair Street. At a public meeting of the neighborhood at the Fair Association in the spring, Teri Anderson in fact indicated that she was going to initiate conversations during the summer with neighbors about! their desires for the planning of the roads so that work could get underway; at the meeting neighbors indicated the desire for public meetings about any redesign of the roads because these roads were of interest to many more than just residents whose houses are along the roads. I followed up with a call to the City Engineer who confirmed that it is standard practice to have public hearings about the redesign of roads. The drainage problems of Cross Path Road are notorious, affecting the Bobala property especially, but also impacting on all the properties southward, including my meadow. Obviously the drainage of the multi-purpose area must be coordinated with the drainage of Cross Path Road since that proposed area abuts the road for a considerable distance; even the direction in which that facility is graded (east toward the road and ultimately my property or west away from it) is related to the long-term plans for the roads. It is now time to look at the larger pictur! e of planning this area of the city, to the extent that areas ! within the jurisdiction of the Conservation Commission are involved. Still another concern that I mentioned to you is the proposal to use trap rock gravel for the so-called multi-purpose area. If the proposals claim that the demolition of the barns along Cross Path is a net gain for infiltration but then much of the area on which the barns currently sit is covered with a substance that over time becomes impermeable or resists infiltration (when it is driven over by large vehicles or used as a parking lot as proposed), the numbers and timeline must be carefully considered regarding absorption of water on the site, long term infiltration rates, and displacement of water offsite. These things must be given close scrutiny during the permitting process and they must be explained to the public before the Fair has an Order of Conditions to proceed with its plans that were not included in the prior Order of Conditions. The infiltration rate of trap rock gravel as it becomes more! impervious over time is quite different from grass, as I understand. In addition to the previous concerns, I mentioned to you that at a public meeting of the neighborhood called by the Fair Association at their office on October 13, 2010, Bruce Shallcross indicated that the Association had "dug out" some of the channels designed to accommodate drainage for I-91 but which have never been maintained by the State or the City. I do not know if he received a DEP number for that work. He reported that the construction had significantly mitigated flooding on Cross Path Road during a large storm after their work, and I in fact noticed that there was no standing water on my property after that storm. It may be that the work Mr. Shallcross directed was illegal, but its success is notable. It would seem that one key to a successful storm water plan for the Fairground is getting the I-91 drainage system operating properly under the supervision either of the State or if ne! cessary the City. Because the City is a joint applicant with ! the Fair Association for the redevelopment of the property, it does not seem unreasonable for the City to undertake an initiative to get the State to maintain the I-91 drainage system or to undertake this responsibility and expense itself if necessary. If the I-91 system is operating properly, it may obviate water sheeting down Cross Path Road, onto the Fair property, and then onto my property. If this is the case, the calculations of flow rate from the Fairground onto my meadow will have to be reconsidered and recalibrated. New observations and measurements will have to be undertaken, and the entire storm water plan recalculated. Finally, I have a concern that we did not speak about. It has been stated in several public contexts that the new proposed horse rings and the new proposed multi-purpose facility would have drainage systems that would eventually fit into the master plan evacuating storm water onto my land, but that in the meantime nothing would change ! as these drains will empty into the eastern detention pond and thence be pumped into the western detention pond where the water will flow into the Williams Street Brook system. I do not believe that this proposal represents "no change to current drainage conditions". At present much of the storm water run-off from the area of the old barns and the new horse rings actually runs off onto Cross Path Road or sheets down toward Fair Street. To direct a significant amount of this water to the Williams Street Brook--potentially as much as a one-third increase in total run-off from the Fair property (because presently at least a quarter of the storm water does not go into the existing line)--will impact adversely all the properties abutting the Williams Street Brook storm water line. It is well known that the Williams Street Brook line is over capacity and cannot absorb any more water. This is the reason that the engineers have designed a system to carry the storm wa! ter associated with new development eastward rather than westw! ard, in the process proposing to alter the natural tilt of the land. The present proposal to temporarily direct storm water into the Williams Street Brook line and hence increase water flow into that line will certainly adversely impact my lower lot nearest my house through which the Williams Street Brook line runs. Because of the surcharge of that line, at present there is currently a huge wash-out of the line on my property which I brought to the attention of the DPW in the spring. Workers came and put up stakes with hazard tape around the large hole so as to prevent my mower from falling into it with his mowing machine, promising to fix the wash out in the summer. Nothing has been done to repair the damage to date. In a very immediate way, any more water sent into the Williams Street Brook line will erode my property. In conclusion let me say that I believe it is important to have a very deliberate approach to redeveloping the Fair property so that we have a result ! that is satisfactory for the City, for the Fair, for nearby neighbors and property owners, and for the environment. This outcome needs to be durable for at least fifty years. There is now a two-year period in which the $4 million grant can be used. This gives time to begin construction already permitted by the Conservation Commitee, to meet the Order of Conditions that the Conservation Commission has already issued, and to find an adequate plan for off-site drainage of the water of the Fairground. In the short term I certainly request more time for consideration of the proposals now with the Planning Board before they are implemented. I am in the process of engaging an engineer to independently review the plans and I will need time to undertake that review, but hope to have it done by the time the Conservation Commission takes up the matter. Again thank you very much for your consideration of all these concerns. Sincerely yours, ! Maria Tymoczko 28 Pomeroy Terrace Northampton, MA 0106! 0 ar cc: Conservation Commission members; Stephen Gilson, Chair of the Planning Board; Ned Huntley; James Laurila; Doug McDonald; Michael Pill, Esq.