Conservation Commission Minutes 2012
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
January 12, 2012
Members Present Time
Kevin Lake, Chair X
Lisa Fusco
Mason Maronn X
Susan Carbin
Downey Meyer X left 8:10 pm
Valerie Vignaux X left 8:10 pm
Tim Parshall
Staff Present Time
Sarah LaValley X
Aleta DeLisle X
Meeting Opened At: By:
Kevin 5:00 pm
Minutes Approved: Motion By: Second By: Unanimous:
November 10, 2011 Tabled until next
Executive Session Meeting.
December 8, 2011
Regular Session
Order of Business:
5:00 PM - Continuation
Notice of Intent for dam and dike repair in bank, land under
water, bordering land subject to flooding, and riverfront area to the Mill River. Smith
College Facilities Management, Paradise Road, Map IDs 31C-15 & 31D-20. DEP File
246-643.
The applicant requests a continuation, with no discussion, until January, 26, 2012, at
5:00 PM
Upon motion by Downey and second by Valerie the Commission voted all in favor to
continue the hearing until 1/26/2012 @ 5:00 p.m.
Review of Memorandum of Understanding with Meadows City Conservation
Coalition.
The Chair opened the hearing for public comment. Wayne Feiden, Director of Planning
and Development reviewed the background of the property and city policy regarding
management of conservation areas noting that neighborhood use comes first and farming
comes second for the property in discussion.
Alex Jarrett, 8 High Street, Florence, stated that he’s not opposed to MCCC managing the
land but has concerns about the makeup of the coalition which should represent the whole
city not just abutters. Asking Commission to delay decision, schedule a public hearing
and allow people outside the neighborhood for their input and to remove the $15.00
voting fee.
Wayne Feiden stated that the City tries to defer decisions as much as possible to the
neighborhood while reserving the right to mediate broader issues.
Jane Potter, President, MCCC stated that they held a meeting and invited both people
who were there and not there to be part of an open election for the standing committee for
the neighbors.
Claudia Lefko, 40 Valley Street, added to the history of the property noting that the
neighborhood has been shepherding the use of the property from the beginning and those
wanting to make it a broader issue aren’t taking into consideration the impact the
property has had on the people who live right there.
Ben Kalish, 4 Lawn Ave., asked whether there is a definition of neighborhood that has
been used in the discussions.
The Chair stated there is no official definition. Wayne Feiden stated that it can mean
immediate abutters and those within a 10 minute walking distance but there is no official
definition.
Jim Nash, 18 Montview Ave., welcomes discussion about this property. Disturbed by the
level of politicizing around the property. The Montview Neighborhood Farm shed sits on
the corner of his property and he has helped maintain the field. He wants to invite people
who are neighbors to come into the discussion with them. Doesn’t believe the decision
should go to lessors.
Jesus Leyva, 37 Holyoke Street, thanked the neighbors for having the exchange with
Montview and has had an opportunity to farm. He was told earlier in the process that he
shouldn’t be allowed in the discussion at a certain point because he was a potential
applicant. Until the matter is resolved he thinks the City should continue to maintain
management of the land and if not that there should be a public hearing scheduled.
Adele Franks, on behalf of Grow Food Northampton, would like the Commission to slow
down the process in making a change in management and believes it is possible to come
to an amicable resolution. Adele stated her concerns regarding making a sudden change
and putting out an RFP that a private group will choose farmers. Wants to make sure
there is adequate expertise.
Libby Reinish, Isabella Street, requested the Commission to continue managing the land
without an M.O.U. with a third party or if the Commission signs an M.O.U. with a third
party that the Commission hold a public hearing and solicit multiple proposals from
organizations that would be interested. Libby also discussed neighborhood and
community involvement and representation.
Mack Everett, 40 Valley Street, Board Member MCCC, spoke about the process to date
and history of the property. Mack stated he would like a fair and open process where any
farmer can present a proposal to use the land and that neighbors and abutters have
involvement and would like the RFP to go forward.
Peter Blanchette, discussed the meetings that were held and discussed why it was agreed
to ask folks with the current lease not to be in the meetings after a certain point. Peter
agreed that the neighborhood needs to be defined.
Paige Bridgens, Leaseholder, stated she looks forward to continuing in the next lease
cycle. Paige thanked the City for making the land into conservation land and thanked the
neighborhood for the amazing relationship they had and would like to resolve any
conflicts. Paige discussed perennial plantings and community food production that won’t
destroy the soil structure. She stated that she was asked not be be on the Steering
Committee and that another person submitting a proposal was voted to be on the
subcommittee of the MCCC and would be in a position to help draft the RFP that he will
be applying for.
Marcey Clark, 84 Williams Street, Board Member MCCC, stated her concern regarding
the timing for potential farmers.
Ely Roberts, read an excerpt from a current license holder supporting local farmers, and
promoting skills for producing food, along with the importance for neighbors to have a
say as well as the importance of community input. Ely stated that he received funding to
work for a year with Montview Neighborhood Farm. Ely stated that while neighbors
have legitimate concerns which will be prioritized there are also more stakeholders in the
decision about the land.
Bill Dwight, Councillor at Large, disclosed that Jim Nash and Dora Lewis are his in-
laws. Bill stated that there is room to negotiate and create a solution that will satisfy
everyone. Bill asked that the Commission defer a decision tonight so people can get
together and figure out a way to navigate the matter.
Mason agreed that a decision should be deferred until another public hearing is held to
discuss a resolution. Downey asked whether there was language in the deed transferring
the property addressing the needs of the neighborhood. Downey agreed that the meeting
should be deferred to consider all views and gather more information about the MCCC.
Valerie agreed the meeting should be deferred.
Wayne reviewed the M.O.U. route vs. licensing to a private farmer. Kevin welcomed
proposals collectively. Bill Dwight offered himself as a mediator and to convene a group
of interested parties in which a resolution/report could be presented to the Commission.
Owen Freeman-Daniels, Ward 3 Councillor, thinks that there’s been a lot of work done
on behalf of the neighbors and believes the Conservation Commission should retain some
authority and retain the right to approve or review the RFP before it’s circulated.
Kevin recommended that a meeting take place between interested parties before the next
Commission meeting and to return with options or recommendations then. In the
meantime the Commission will review the RFP. Upon motion by Downey and second by
th
Valerie the Commission voted all in favor to continue the hearing until January 26 @
6:00 p.m.
Request for Certificate of Compliance, Susan Clopton and John Levine. 1157
Florence Road, Map ID 44-86. DEP File Number 246-0640.
Andrew Bohne, New England Environmental represented the project and stated that all
work has been completed. Sarah stated that a few minor changes to the patio walk were
made. Upon motion by Mason and second by Valerie the Commission voted all in favor
to issue a Certificate of Compliance.
5:30 PM
Notice of Intent for construction of athletic fields and associated site
improvements within buffer zone to bordering vegetated wetlands, riverfront area (Mill
River) and bordering land subject to flooding. Northampton Recreation Department, 157
Spring St, Florence. Map ID 22B-113.
Carlos Nieto-Mattei, Berkshire Design represented the project. Carlos reviewed the
project including existing and proposed drainage areas and stated that 99% of the project
was outside of the resource areas with the exception of the overflow swale. The
Commission discussed water flow and standing water in a large storm. Carlos reviewed
reasons they are using a shallow swale as overflow and that it had less impact to the
resource areas then the other alternatives that were looked at. The Commission discussed
erosion and expressed concern about sediment entering the BVW. Wayne Feiden,
Director, Office of Planning & Development stated that as part of the stormwater permit
from DPW there is an operation maintenance plan. The Commission discussed other
possibilities and the impact they would have on resource areas. Sarah recommended
removal of invasive species and planting trees to replace trees removed. Downey stated
concerns about sediment from the northern farm field. Wayne stated that the overall
sediment of the project will be less due to the vegetation being added to the parcel and
the amount of sediment entering the riverfront area will decrease. Adele Franks
anticipates farmer will enter into NRCS and will also attempt to reduce erosion.
Upon motion by Downey and second by Valerie the Commission voted all in favor to
close the hearing. Kevin stated that it was an overall improvement with less sediment
entering the riverfront area post-construction than . Downey noted approval from DAR is
also needed since the land is in APR. Valerie agreed with Kevin that it would be a net
benefit. Mason stated that the wetland gets silted anyways in a flood. Kevin stated that
the benefit of the plan presented outweighs negative impact to the BVW. Downey was
concerned that the stormwater plan will not result in an overall benefit, and suggested
that a no-till area be created. Upon motion by Mason and second by Valerie the
Commission voted to issue an Order of Conditions with standard conditions 1-33 and
additional conditions:
34.Each tree measuring 12 inches dbh removed within the riverfront area as part of
the project shall be replaced with a native tree planting elsewhere within the riverfront
area on one of the parcels associated with the project.
35. The BVW shall be inspected annually for any evidence of alteration or damage
resulting from the overflow swale.
36. The erosion control shown on project plans shall serve as the limit of work line.
37. The BVW near the drainage swale shall be clearly marked to prevent
encroachment. Permanent marking shall be established at the time the erosion control is
installed.
38. The stormwater O&M agreement shall include provisions for re-planting of the
overflow swale as needed.
39. For the first three growing seasons following construction, the area surrounding
the overflow swale shall be inspected annually prior to November 1 to ensure that the
seed mix is becoming established. All invasive species within this area shall be removed
annually during this period. The Commission shall be sent a memo detailing these
activities.
40. Grow Food Northampton shall be encouraged by the applicant to create a 100-
foot no-till zone within the riverfront. The applicant shall provide up to $5,000 for trees
and agricultural plantings that do not require tilling.
6:00 PM
Request for Determination of Applicability to determine whether invasive
species removal within riverfront area (Beaver Brook), BVW and buffer zone is subject
to the Wetlands Protection Act or Northampton Wetlands Ordinance. Office of Planning
and Development, Haydenville Road, Map ID 6-13.
Tabled until next meeting.
Meeting adjourned at 8:15 p.m.
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
January 26, 2012
Members Present Time
Kevin Lake, Chair
Lisa Fusco X Arrive 5:25
Mason Maronn X
Susan Carbin
Downey Meyer X Left 6:40
Valerie Vignaux X
Tim Parshall X
Staff Present Time
Sarah LaValley X
Aleta DeLisle X
Meeting Opened At: By:
5:10 p.m. Mason
Minutes Approved: Motion By: Second By: Unanimous:
November 10, 2011 Valerie Downey All in favor
Executive Session
December 8, 2011 Mason Downey All in favor
with corrections
Order of Business:
Public Comment:
Jim Nash, 18 Montview Ave., distributed a copy of a City Council Resolution dated
2/17/2000 to acquire Montview Ave. conservation land and stated that it has been used to
guide the property and noted that the document referenced abutter involvement.
5:00 PM - Continuation Notice of Intent for dam and dike repair in bank, land
under water, bordering land subject to flooding, and riverfront area to the Mill
River. Smith College Facilities Management, Paradise Road, Map IDs 31C-15 &
31D-20. DEP File 246-643.
Allen Orsi, Pare Corporation and Gary Hartwell, Smith College represented the project.
Allen distributed site photos and reviewed the rehabilitation of the dike, repairs to the
spillway and installation of a debris boom. The work is needed to remain in compliance
with the DCR dam safety program. Original plans included raising the dike above the
flood level, but since this would remove a significant area from the floodplain, is no
longer proposed. Allen stated that the portion of the athletic field included in the 100-
year floodplain does not flood, according to Pare’s calculations, and a map revision
process in underway with FEMA. The Commission discussed the project including
installing silt fencing and reinforced turf for erosion protection. Downey asked about the
ongoing plan for the no maintenance and low maintenance areas. Gary stated that it will
be incorporated into the maintenance plan.
Amy Singler, American Rivers requested Smith College to consider fish passage in
carrying out any future projects. Mary Serrezeasked what the hazard rating of the dam
is.
Upon motion by Lisa and second by Downey the Commission voted all in favor to close
the hearing. Upon motion by Tim and second by Lisa the Commission voted all in favor
to issue an Order of Conditions with standard conditions #1-33 and the following
additional conditions #34-44:
34. The final plan must specify which individual, by name or position from both the
Contractor and College, is responsible for the monitoring and response to any turbidity in
the downstream channel. The names of each individual(s) shall be provided to the
NHESP in writing prior to the start of work.
35. An Environmental Monitor must be assigned to the project.
Site work shall be supervised regularly by an independent Environmental Monitor who
shall have significant experience in resource protection and the monitoring and
maintenance of erosion and sedimentation controls.
The Environmental Monitor will verify the proper locations, installation, and
maintenance of erosion and sediment control measures and will be responsible for
inspecting erosion and sediment control measures regularly during construction.
The Environmental Monitor shall have the authority to halt construction if siltation
impacts to the river are imminent. All exposed areas shall be adequately stabilized and
protected from erosion at the close of each working day.
The Environmental Monitor will be responsible for monitoring the turbidity and flow in
the downstream channel, maintain a written log of daily values collected prior to and
after work, and recording any corrective actions required as a result. A copy of this log
shall be provided to the NHESP upon the completion of the project.
36. Monitoring of the downstream turbidity shall be consistent with the “Paradise Pond
Management Plan” dated February 2007. Specifically, the “Protocol for Monitoring of
Potential Sediment Releases During Sluice Gate Opening Paradise Pond Dam Sluice
Gate Opening & Closing” steps 2 and 6 only.
37. Pond drawdown must begin no earlier than October 1. Complete refill of the Pond
must be complete by January 31.
38. Pond refill must be consistent with the Eutrophication & Aquatic Plant Management
guidance document
39. Prior to any work on the project, the applicant must provide a revised stamped
planset.
40. Fencing or another appropriate barrier must be provided surrounding the ‘no
maintenance’ areas until vegetation is established. Commission approval must be
provided prior to removal.
41. The hydraulic connection between the athletic fields and the Pond must be
permanently maintained at 143 feet or below.
Allen requested that condition #41 be modified to note that the hydraulic connection
doesn’t need to be maintained if a letter of map revision is received from FEMA, which
was included in the final conditions.
42. Prior to the issuance of a certificate of compliance, the applicant must demonstrate
that fish passage options are being considered as part of pond management activities and
related projects.
43. Maintenance of the low-maintenance area shall be limited to hand-cutting of
woody species and removal of invasive species if necessary. No mowing or cutting shall
occur within the no-maintenance areas.
44. Planting in the low and no-maintenance areas with wetland seed mix shall occur
each fall if vegetation is not established.
5:30 PM -Notice of Intent for dredging of Lyman Pond, Smith College Facilities
Management, Paradise Road, Map ID 31D-08. DEP File 246-661.
Erin Haugh and Steve Dambrosio of GZA Geoenvironmental, Inc. and Gary Hartwell,
Smith College represented the project. Gary and Steve reviewed the water depth and
amount of sediment, removal of invasive plants, the proposal to introduce more
stormwater, repairs to the sidewalk and lawn area and improvement to accessibility by
installing a viewing platform. Erin Haugh stated that it’s called a Pond but technically it
isn’t due to its size. Erin discussed the dredging process and removal of invasive species.
The Commission discussed the project and suggested testing the pH of the water being
introduced to the pond.
Jane Potter, 42 Philips Place asked about the impact to aquatic wildlife. Gary stated that
they will be netting the fish and keeping them on site in a separate tank. Fred Zimnock,
Pomeroy Terrace, asked what the 4” pipe is made of. Gary stated pvc.
Upon motion by Valerie and second by Downey the Commission voted all in favor to
close the hearing. Upon motion by Downey and second by Valerie the Commission
voted all in favor to issue an Order of Conditions with standard conditions #1-33 and
additional conditions:
#34) Prior to any work on the project, the applicant must provide a copy of the 401
WQC to the Commission.
#35) Dredging must take place between September and February unless a plan can be
provided for preservation of the amphibian population.
#36) Goshen stones must be placed at a minimum distance to encourage infiltration
while allowing handicapped access to the pond.
5:50 PM - Broad Brook Coalition, Fitzgerald Lake Conservation Area
management, vegetation and beavers.
Bob Zimmermann, BBC, discussed two proposals with the Commission. Bob stated that
the location of a beaver dam has increased the height of water in the wetland and has
diverted the stream which now runs under the boardwalk and is undermining the
foundation and support of the boardwalk. Bob discussed the proposal to install a pond
leveler pipe and thinks the project would preserve native species. The Commission
discussed the project, beaver habitat, restoration of the stream and resource improvement.
The Commission stated that a Notice of Intent would need to be filed.
Bob stated that by the canoe launch the channel to the lake is getting narrower due to the
growth of cattails and discussed three proposals to remove the cattails: 1.) by using a
hydrorake to pull cattails out by the root; 2.) to treat the area with herbicide and cut the
dead material; 3.) by hand pulling of cattails done by two men in a boat. The third
option being his preferred method. The Commission stated to include the proposal in the
Notice of Intent.
6:20 PM - Continuation - Request for Determination of Applicability to determine
whether invasive species removal within riverfront area (Beaver Brook), BVW and
buffer zone is subject to the Wetlands Protection Act or Northampton Wetlands
Ordinance. Office of Planning and Development, Haydenville Road, Map ID 6-13.
Sarah stated that a grant has been received from Dept. of Conservation and Recreation to
remove invasive species in the Beaver Brook Broadbrook conservation area. Sarah stated
that they will be removing as many invasives as possible by using chainsaws and very
limited herbicides. The Commission briefly discussed the project. Upon motion by
Mason and second by Tim the Commission voted all in favor to close the hearing. Upon
motion by Mason and second by Valerie the Commission voted all in favor to issue a
Negative Determination of Applicability by Checking Box 2.
6:30 PM - Continued Discussion – Montview Conservation Area.
Wayne Feiden, Director of Planning & Development reviewed the background of the
property and discussed the original plan of placing a Conservation Restriction on the
property but at the time they couldn’t find a non-profit to hold the CR. Past legal
guidance had indicated that transferral of any property interest following acquisition
would be subject to a 2/3 vote of the state legislature. However, new guidance resulting
from CPA requirements that a restriction be placed on all properties acquired with CPA
funds now indicates that placing of a restriction that is in accordance with a property’s
conservation use does not trigger this requirement. This now creates an opportunity to
create a CR, that the City did not believe was possible before this opinion. Wayne
reviewed the CR process.
The Vice Chair opened the hearing for public comment.
Jane Potter, President, MCCC, reviewed the history of MCCC, the volunteers and how
they modeled themselves after Broadbrook. Jane discussed their non-profit status and
activities that have been accomplished and those that are planned.
Paige Bridgens, one of Montview’s license holders, stated that she is planning to submit
a proposal in response to MCCC’s subcommittee’s RFP that they were going to put out
but doesn’t know what the status of that will be now. Paige stated that they are not
organized as a non-profit.
Javiera Benavente, 38 Henry Street, read a statement on behalf of several neighbors and
former license holders regarding their desired outcomes for the Montview Neighborhood
Farm.
Jessie Risalo, 2 Belanger Place, stated that he plans on submitting a proposal to lease the
land. Jessie said he agrees with staff recommendations except for #7 and stated reasons
why.
Maddy Weaverblanchette stated that the CR that was never filed but referred to in the
deed, defined abutters as households within 200’ of the property and estimated that would
include about 16 households.
Mr. Palomo, 42 Phillips Place, stated his views on options that can be taken.
Fred Zimnock, 23 Pomeroy Terrace stated that before farming starts he believes that
some clean-up on the property needs to be done.
Javiera Benavente, stated that Montview Neighborhood Farm was approached by
someone who could do a year long fellowship with the farm and who would probably be
open to coordinating volunteers who want to maintain the property in the interim.
Jane Potter, 42 Phillips Place, stated concern on behalf of MCCC that Montview Farm
was being listed in places for internships when the current lease had expired.
Claudia Lefko, 40 Valley Street, discussed the option of having a CR on the property.
Paige Bridgens, 12 Northern Ave., stated that she is planning on submitting a proposal
including the fellowship as part of the proposal. Paige stated that they didn’t advertise
for any internships and was approached by someone wanting to do a fellowship.
Dora Lewis, 18 Montview Ave., stated her support to put a CR on the property and the
importance of including language that abutters within 200’ have a large say in what goes
on with the property.
Alex Jarrett, 8 High Street, stated that it’s important to keep the forest garden managed
and preserved as it’s a valuable resource. Alex stated that he’s not opposed to MCCC
holding the CR but wants to make sure the desired outcomes read by Javiera are taken
into consideration.
Julia Henchew, 29 Fairview Ave., stated that it was important that renters and larger
community members have a say in the way that a decision gets made.
Wayne Feiden, stated that anything that’s wanted forever on the property should be put in
a CR and anything the Commission is unsure of on a permanent basis can be put in a
MOU. Also, the MACC could have some management rights while the Commission
retains approval.
Fred Zimnock, 23 Pomeroy Terrace, questioned whether the terms of the original CR are
still in effect and stated that it’s important to maintain the content of the original CR.
Peter Blanchette, 41 Valley Street, hopes that the Commission can make sure there is
consistent management and communication to move forward.
Claudia Lefko, 40 Valley St., asked if the Commission has visited the site and discussed
the impact on abutters within 200’ of the property.
Mack Everett, 40 Valley St., stated that the property needs to be prepared for whoever
farms it next. Mack stated that per discussions held in the past, people didn’t want
community gardens there due to various reasons.
Jim Nash, 18 Montview Ave., discussed the CR and stated support for continued
neighborhood involvement.
Paige Bridgens, 12 Northern Ave., asked about maintaining the annual vegetable beds
and forest garden for this season so the land doesn’t go fallow.
The Acting Chair stated that the process needs to be formalized and fair with a process
for proposals.
Marcy Clark, 84 Williams St., stated that she would like to see a long term license rather
than a one year solution.
The Acting Chair thanked the public for their comments and noted that the matter would
be continued.
Meeting Adjourned: Motion By: Second By: Unanimous:
8:11 p.m. Valerie Lisa All in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
March 8, 2012
Members Present Time
Kevin Lake, Chair X
Lisa Fusco X
Mason Maronn X
Susan Carbin
Downey Meyer X 7:20 left
Valerie Vignaux
Tim Parshall
Staff Present Time
Sarah LaValley X
Aleta DeLisle X
Meeting Opened At: By:
5:00 p.m. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
January 12, 2012 Downey Mason All in favor
January 26, 2012 Lisa Downey All in favor
Order of Business:
Public Comment
5:00 P.M
. Request for Determination of Applicability to determine whether installation
of a scoreboard is subject to the Wetlands Protection Act or Northampton Wetlands
Ordinance. Smith College Facilities Management, 137 West Street (Smith Athletic
Fields), Parcel 31D-020.
The applicant has requested that this Request be continued until April 12, 2012, at 5:00
p.m. Upon motion by Downey and second by Lisa the Commission voted all in favor to
continue the hearing until April 12 @ 5:00 p.m.
5:05 P.M.
Request for Determination of Applicability to determine whether installation
of a water main is subject to the Wetlands Protection Act. MassDOT District 2
Headquarters, 811 North King Street, Parcel 008-011.
Tim Meyer, MassDOT reviewed the project and stated that there are no NHESP habitats,
FEMA flood zones or environmental areas of concern and discussed erosion control
measures. The Commission reviewed the project. Upon motion by Downey and second
by Lisa the Commission voted all in favor to close the hearing. Upon motion by Downey
and second by Mason the Commission voted all in favor to issue a Negative
Determination of Applicability by Checking Box 2.
Request for Certificate of Compliance
, Hampshire Hospitality Group, Atwood Drive,
Parcel ID 39-060. DEP File 246-468.
Upon motion by Mason and second by Lisa the Commission voted all in favor to issue an
invalid Order of Conditions due to the work not being done.
Request for Certificate of Compliance
, Bruce Shallcross/Hampshire Hampden Franklin
Agricultural Society. Fair Street, Parcel IDs 25C-251, 25C-264, 32-001, 32A-249, 32A-
251. DEP File 246-635.
The Request has been postponed to a later time.
Enforcement Order – Ellington Road.
Mason recused himself from the discussion. Sarah stated that red sediment was entering
the stream under Ellington Rd. and dumping clay into the storm drain due to a well
drilling company drilling a well behind the residence at 34 Ellington Rd. The
homeowner was issued a violation notice from the DPW. The Commission discussed the
matter. Upon motion by Downey and second by Lisa the Commission voted all in favor
to issue the well drilling company a $100.00 fine and an Enforcement Order requiring the
engagement of a wetlands professional to assess any damage to the stream and prepare a
remediation plan to be implemented by the violator.
Land Acquisition Update.
Sarah stated that the Conservation Commission and Agricultural Commission was
awarded $60,000. for a local Agricultural Preservation Restriction Program.
Upon motion by Downey and second by Mason the Commission voted all in favor to
approve exercising the option to purchase Agricultural Preservation Restrictions in the
Meadows and approve the council resolution as presented by Sarah.
Sarah stated that CPA funds were applied for an eighty-eight acre parcel of land for the
Broadbrook Gap purchase. If funding doesn’t get approved through CPA or the Land
Grant a limited development project will need to be done by carving off fifteen acres of
land for a green cemetery or single family home. Upon motion by Mason and second by
Downey the Commission voted all in favor to move forward with the land acquisition and
to reserve the right to do a limited development project.
CPA Application Update.
Sarah stated that two applications have been submitted to the CPC for funding:
1) Conservation fund; and
2) Repair of Beaver Brook bridge.
Conservation Area Signage.
Sarah stated an intern will etch the signs at Smith College which will be similar to the
older signs but more durable.
Restoration at Conservation Areas.
Sarah discussed restoration needs at Conservation areas. The Commission agreed to let
mother nature take its course and that there was little funding to do any work.
Appointment to Community Preservation Committee.
The Commission noted their appreciation for Downey’s service to the Community
Preservation Committee. Upon motion by Lisa and second by Mason the Commission
voted all in favor to re-appoint Downey as Conservation Commission representative to
the CPC.
Review of Staff-Issued Permits and Sign-offs.
Sarah stated that she issued an Emergency Certification for monitoring wells for Meadow
Street.
Other Business.
Sarah stated that Baystate Forestry has been hired to remove invasive species at
Beaverbrook Broadbrook Conservation area.
6:15 P.M.
– Discussion of Montview Conservation Restriction.
The Chair opened the meeting for public comment.
Lisa Depano, 38 Henry Street introduced Julie Welch and Sean Walsh who gave a
presentation on Montview Neighborhood Farm Case Study. Sean reviewed the benefits
and value of Montview Farm including soil health, perennial planting, social aspects,
educational and research benefits.
Julie reviewed the accomplished goals of the farm and recommendations for the
transitional period and beyond. Lisa reviewed recommendations including longer term
licensing, solar electric fencing for microlivestock and honey bee protection, rethinking
the farming season, clearer language in the license and notification of changes.
Paige Bridgens, 12 Northern Ave., stated that she had applied lyme and rock phosphate
on certain areas of the farm and discussed the increase in organic matter.
Fred Zimnock, 23 Pomeroy Terrace, asked about perennial plantings on the farm.
Fred Zimnock, 23 Pomeroy Terrace and Jane Potter, 42 Philips Place presented slides of
the property and discussed the location of the farm to residences. Jane stated that
neighbors have a real stake in what happens at the farm due to the parking issues and
neighborhood kids who play in the playing fields. Jane stated that MCCC doesn’t yet
have a 501C3 to hold a Conservation Restriction and would like to have a provisional
understanding that the Memorandum of Understanding could be approved and that a
Request for Proposals can go out.
Sarah stated that a 501C3 is not required to hold a CR.
Libby Reinish, 5 Isabella Street, asked for clarification of the process and the differences
between the conservation restriction, memorandum of understanding and the license.
Sarah reviewed the process and differences.
Claudia Lefko, 40 Valley Street, asked about how the process is moving forward.
The Chair discussed the process including hearing public input, reviewing any issues and
moving forward from there. The Commission will review responses from the RFP and
make a decision.
Jane Potter, 42 Philips Place, discussed their non-profit status and stated that because
they can’t proceed with a CR, the MOU could serve as a means to move forward.
Adele Franks, Florence, stated that you can be a Massachusetts non-profit without a
501C3 but just can’t accept donations.
Libby Reinish, 5 Isabella Street, stated that initially there was opposition in having
MCCC involved in creating the RFP and choosing the farmer.
The Chair stated that the Commission will review the responses to the RFP and make the
decision.
Jane Potter, 42 Philips Place, stated that she would send the Commission the RFP that
was drafted.
The Chair recommended that MCCC proceed in issuing the RFP. However, the RFP will
be posted on-line and the Commission will take comments at their next meeting and
modify it as needed before authorizing MCCC to put it out. The Chair recommended
that Sarah continue to work out the MOU.
Fred Zimnock, 23 Pomeroy Terrace, asked about the status of the Conservation
Restriction that was planned when the property was acquired.
Sarah stated that at the time there wasn’t a holder for the CR. Downey stated that the
agreement made with the City is an important consideration in drafting the new CR.
Claudia Lefko, 40 Valley Street, discussed the sentiment of the CR that was planned
when the property was acquired.
Upon motion by Mason and second by Downey the Commission voted all in favor to
authorize Sarah to establish a narrow Memorandum of Understanding with MCCC for the
purposes of issuing a RFP and expect the proposed RFP to be posted on-line prior to the
next meeting of the Commission. The Commission will entertain public comments about
it at that meeting and will make modifications and finalize or approve the final version at
nd
the next meeting on March 22 and to authorize staff to draft a Conservation Restriction.
Maddy Blanchette, 41 Valley Street, asked for clarification regarding cleaning up the
property.
Sarah reviewed the timeline and what will be cleaned up.
Meeting Adjourned: Motion By: Second By: Unanimous:
7:25 p.m. Mason Lisa All in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
March 22, 2012
Members Present Time
Kevin Lake, Chair X
Lisa Fusco X
Mason Maronn
Susan Carbin
Downey Meyer X
Valerie Vignaux
Tim Parshall
Staff Present Time
Sarah LaValley X
Aleta DeLisle X
Meeting Opened At: By:
5:05 p.m. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
March 8, 2012 Tabled until next
meeting.
Order of Business:
Land Acquisition Discussion.
Sarah discussed acquisition of land behind 78 Pomeroy Terrace stating that the City
would get the property from the State free but would have to pay survey costs through the
CPA Conservation fund. Upon motion by Downey and second by Lisa the Commission
voted all in favor to support the land acquisition subject to the right to use the property
for stormwater management and subject to any wetland permits.
5:20 p.m.Continued Discussion of Montview Conservation Area Agriculture.
The Commission discussed the option of putting out a RFP with modifications noting that
modifying the RFP could extend the process and that possibly a cover crop should be
done in the interim. The Commission would then have time to do a lasting RFP to put
out next season. The Commission also discussed the option of mowing the farm in the
interim and discussed costs.
The Commission discussed the role of MCCC.
The Chair opened the meeting to public comment.
Jessie Risalo, 2 Belanger Place, discussed his plans for submitting a proposal for the
farm, preparation of the land and suggested timetables for a RFP.
Paige Bridgens, 12 Northern Ave. stated that she is actively involved in the cleanup of
the property as agreed upon. Paige recommended that the RFP include using methods
other then tillage to prevent disturbing the soil.
Downey discussed whether there are liability issues when issuing a RFP.
Adele Franks, resident, Florence, suggested taking time writing the RFP to consider all
issues instead of rushing to issue it now.
Jim Nash, 18 Montview Ave., discussed the cost of brush hogging the property and stated
that the neighborhood has been the stewards of the property and has in the past provided
brush hogging at no cost to the City by collecting funds and donating time and
equipment.
Maria Tymoczko, 28 Pomeroy Terrace, discussed the idea of having a Standing
Committee of MCCC help manage the land for one year. Activities would be done by
the by the neighbors and would be decided upon by the Commission.
Claudia Lefko, 40 Valley Street, asked whether the deposit held in escrow could be used
to clean up the land.
Maddy Blanchette, corner of Valley & Montview, stated that the RFP was a result of the
consensus from a wide range of people.
Jane Potter, 42 Philips Place, asked to issue the RFP now but wait until next season to
begin.
Marcy Clark, 84 Williams Street, discussed the various capacities of the neighbors and
the role of the standing committee and the MCCC.
Owen Freedman Daniels, Ward 3 Councillor, stated support for MCCC to manage the
land for a year.
Paige Bridgens, 12 Northern Ave., clarified that the large brush piles are on the western
portion of the property and the neighborhood wanted control over that portion of the
property.
Fred Zimnock, 23 Pomeroy Terrace, asked for clarification of the RFP and the license.
Downey volunteered to visit the site and to meet with anyone that’s interested. Downey
will create a list for maintenance and cleanup of the property. Marcy Clark volunteered
to be the contact for the standing committee.
Claudia Lefko asked whether the list would be for the entire parcel.
Downey stated yes and will also check the property for compliance of wetland
regulations.
Jim Nash suggested marking the wetlands.
Fred Zimnock, inquired whether Downey’s field work would be a baseline for the CR.
The Commission reviewed cleanup plans with Ely Roberts.
Review of Staff-Issued Permits.
Upon motion by Lisa and second by Downey the Commission voted all in favor to issue
an Emergency Certification to D.P.W. to take down the dam on the north side of Barrett
St. Marsh and put in culvert protection.
Meeting Adjourned: Motion By: Second By: Unanimous:
6:40 p.m. Lisa Downey All in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
April 12, 2012
Members Present Time
Kevin Lake, Chair X
Lisa Fusco
Mason Maronn X
Vacant
Downey Meyer X
Vacant
Tim Parshall
Staff Present Time
Sarah LaValley X
Aleta DeLisle X
Meeting Opened At: By:
5:10 p.m. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
March 8, 2012 Downey Mason All in favor
March 22, 2012 Downey Mason All in favor
ORDER OF BUSINESS
5:00 P.M. Request for Determination of Applicability to determine whether installation of
a scoreboard is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance.
Smith College Facilities Management, 137 West Street (Smith Athletic Fields), Parcel 31D-
020.
Gary Hartwell, Smith College discussed installation of a scoreboard and a scoreboard post
in a concrete footing and stated that it will be placed in an area that is currently gravel. Gary
discussed powering the sign and stated that it would rotate 90 degrees. The Commission
discussed the project. Upon motion by Downey and second by Mason the Commission voted
all in favor to issue a Negative Determination of Applicability by Checking Box 2 with the
following two conditions:
1) Before any work on the scoreboard project, the site must be in compliance with the
existing Order of Conditions.
2) All excavated material must be deposited outside of all resource areas.
5:15 P.M. Request for Determination of Applicability to determine whether installation of a
pond leveler pipe in a beaver dam, and removal of cattails are subject to the Wetlands
Protection Act or Northampton Wetlands Ordinance. Broad Brook Coalition, North Farms
Road (Fitzgerald Lake), Parcel 7-35.
Bob Zimmerman, Broad Brook Coalition discussed two proposed projects with the
Commission. Bob stated that the location of a beaver dam has increased the height of water
in the wetland and has diverted the stream which now runs under the boardwalk and is
undermining the foundation and support of the boardwalk. Bob would like to put in a pond
leveler to restore the stream to its natural course. Bob discussed taking down a small dam.
Bob stated that by the canoe launch the channel to the lake is getting narrower due to the
growth of cattails and would like to expand the channel by hand cutting and hand pulling the
cattails that would be done by two men in a boat.
Members of the public: Fred Zimnock, 23 Pomeroy Terrace asked how deep the water is
where the cattails are. Bob stated about one foot. Paige Bridgens, 12 Northern Ave.,
suggested ways of re-using the material that has been cut.
The Commission discussed location of dumping excavated material.
Upon motion by Downey and second by Mason the Commission voted all in favor to close the
hearing. Upon motion by Mason and second by Downey the Commission voted all in favor
to issue a Negative Determination of Applicability by Checking Box 2 to install the pond
leveler to include the smaller upstream breach, possible repositioning of soil and minimal
repairs to existing boardwalk.
Upon motion by Downey and second by Mason the Commission voted all in favor to issue a
Negative Determination of Applicability by Checking Box 2 with the condition that the
alteration, the work, removal of silt be limited to existing open water.
5:40 P.M. Request for Determination of Applicability to determine whether construction of
a sidewalk within floodplain is subject to the Wetlands Protection Act or Northampton
Wetlands Ordinance. Northampton Office of Planning and Development, Bridge Street
(Sheldon Field), Parcel 25C-84.
Wayne Feiden, Director of Office of Planning & Development represented the project.
Wayne showed the location and discussed the need for a sidewalk in that area. Wayne noted
that the sidewalk would be at grade and said there would be no impact to existing trees.
Mack Everett asked whether this would affect water in the pipe in the Williams St. brook.
Matt Verson asked what type of trees were there.
Paige Bridgens stated concern about the sidewalk icing over if it floods.
Maria Tymosczko stated she would like to see the funds used instead for several projects
that were identified on a joint walk with MCCC.
Upon motion by Downey and second by Mason the Commission voted all in favor to close the
public hearing. Upon motion by Mason and second by Downey the Commission voted all in
favor to issue a Negative Determination of Applicability by Checking Box 2.
Request for Certificate of Compliance, Bruce Shallcross/Hampshire Hampden Franklin
Agricultural Society. Fair Street, Parcel IDs 25C-251, 25C-264, 32-001, 32A-249, 32A-251.
DEP File 246-635.
Sarah stated that the applicant has requested that the meeting be postponed.
Ellington Road Enforcement Order Update.
Sarah stated that the Well Drilling Company has contacted her and hired a consultant to
develop a restoration plan.
Montview Conservation Area Update.
Downey stated that he went on site and met with Paige Bridgens, Ely Roberts and
representatives of MCCC. Downey reviewed his assessment of current conditions and
recommendations for management. In general, Downey noted the following:
Area A is wet but is not a designated wetland and is currently being mowed. Recommended
letting it grow during the growing season to assess what’s there and come up with a
management regime. A volunteer offered their services to mow it.
Area B is a current annual bed with some perennials. Recommended to return it to meadow
or small farming area and noted that MCCC have input in decision.
Area C is currently a forest garden with some perennials. Option to remove perennials and
return to annual mowing or no mowing or option to retain perennials noting asset to wildlife.
Area D is a wetland. Recommended the Commission manage it as a wetland. Discussed
minimal invasive species and the potential for proposed plantings.
Recommended existing footbridge be removed.
The last area has mature trees (with some branches down) and brush piles. Recommendation
to distribute or remove one large brush pile.
The Commission authorized staff to continue working on the M.O.U. with MCCC and to work
with anyone interested in volunteering. Downey will demarcate the wetlands.
Paige Bridgens stated that she would like to sow cover crops and weed out mint from forest
garden beds. The Chair stated that if she wants she can volunteer services to MCCC.
Fred Zimnock asked how many responses there were to the RFP. Sarah stated that it was
posted on the website for comment only.
The meeting adjourned at 7:25 p.m.
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
May 24, 2012
Members Present Time
Kevin Lake, Chair X
Lisa Fusco
Mason Maronn X
Vacant
Downey Meyer X
Tim Parshall X
Steve Sauter X
Staff Present Time
Sarah LaValley X
Aleta DeLisle X
Meeting Opened At: By:
5:00 p.m. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
April 12, 2012 Downey Mason All in favor
Order of Business:
Public Comment.
Alicia Ralph, member of the Re-Use Committee stated that there will be a recycling and
nd
re-use rally on June 2.
Welcome New Commissioner.
The Commission welcomed new Commissioner Steve Sauter to the Commission.
5:05 P.M.
Request for Determination of Applicability to determine whether driveway
paving is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance.
William Yenner, 119 Turkey Hill Road, Parcel 34-024.
William Yenner reviewed the project noting that they will be paving over existing gravel.
The Commission discussed the project including the location of driveway and resource
area. Upon motion by Mason and second by Downey the Commission voted all in favor
to close the Hearing. Upon motion by Mason and second by Downey the Commission
voted all in favor to issue a Negative Determination of Applicability by Checking Box 2.
Upon motion by Mason and second by Downey the Commission voted all in favor to
include the additional condition that all work has to stay within the existing footprint.
Montview Conservation Area Update.
Downey updated the Commission on the management survey outlining specific areas and
maintenance plan. The Commission discussed management roles, the potential MOU &
CR, the size of the parcel and options for the property. The Commission agreed to use
Downey’s survey as the interim management plan and to work toward a MOU with
MCCC. The Chair noted that Montview is conservation land and that any enforcement
responsibilitywill remain with the Commission until a MOU is developed.
Paige Bridgens, 12 Northern Ave., stated that she would like MCCC to have only a
limited role in Montview and would like the forest garden to remain.
Carol, neighborhood volunteer, Holyoke St., stated her concern with MCCC having
control over land and wants the Commission to have oversight.
Joel Sacks, visitor to the neighborhood discussed the conflict of the neighborhood and
hopes a dialogue with neighbors would resolve any conflicts. Joel stated his support for
the work that Paige Bridgens has done and stated his vision for the property.
Eli Roberts, Northern Ave., stated his support of the Commission to have monitoring and
enforcement over the property.
Felix, previous volunteer at the farm, stated his support to grow local food and maintain
the forest garden.
Paige Bridges discussed forest garden maintenance. Sarah will coordinate with Paige to
determine the limits of the forest garden. Paige will write a recommended plan for
minimal maintenance of the forest garden.
APR Application, Fair Street Extension.
Upon motion by Mason and second by Downey the Commission voted all in favor to
support the APR for Fair Street Extension.
Open Space Acquisition Update.
Sarah stated that a CPA award was received for the Broadbrook Gap.
Kestrel Conservation Restriction
Sarah stated that Kestrel Trust, who will be the CR-holder for properties acquired with
CPA funds, would like to include a clause that would prohibit motorized vehicles from
those properties. This would limit the Commission’s options in the future. The
Commission noted that ATVs and other vehicles can be damaging, but did not want to
approve any language that would prohibit re-routing of historic trails in areas where
snowmobiles are already allowed.
Upon motion by Mason, second by Downey the Commission voted all in favor to
approve a CR clause stating that “motorized vehicles are prohibited in all areas, with the
following exceptions: snowmobiles are allowed in Beaver Brook/Broad Brook
conservation area.” Snowmobiles and vehicles are allowed in other areas as well, but
BB/BB is the only one of these that will be included in the Kestrel CR.
Review of Mail.
Sarah received a Notice of Preliminary Subdivision approval for Kensington Estates.
Sarah received the yearly operation plan for Tennessee Gas Line and for Pan Am
Railways.
Sarah noted that opening day for Florence Community Gardens is Memorial Day.
Meeting Adjourned: Motion By: Second By: Unanimous:
7:05 p.m. Downey Tim All in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
June 14, 2012
Members Present Time
Kevin Lake, Chair X
Lisa Fusco
Mason Maronn X
Vacant
Downey Meyer X
Tim Parshall X
Steve Sauter X
Staff Present Time
Sarah LaValley X
Aleta DeLisle X
Meeting Opened At: By:
5:00 p.m Kevin
Minutes Approved: Motion By: Second By: Unanimous:
May 24, 2012 Tabled until next
mtg.
Order of Business:
Public Comment:
Madey Blanchette, 41 Valley Street, addressed a letter to the Commission regarding
Montview Conservation Area (June 14th attachments).
5:05 P.M.
Request for Determination of Applicability to determine whether installation
of ground mounted solar panels is subject to the Wetlands Protection Act or Northampton
Wetlands Ordinance. Ronald Grise, 88 Austin Circle, Parcel 29-345.
Ronald Grise reviewed the project noting 12 panels in the front and 12 in the back will be
erected. Mason discussed the proximity of the wetlands to the project. The Commission
discussed the project. Upon motion by Mason and second by Tim the Commission voted
all in favor to close the hearing. Upon motion by Tim and second by Downey the
Commission voted all in favor to issue a Negative Determination of Applicability by
Checking Box 3 and included that areas underneath the panels are to remain vegetated.
5:20 P.M.
Request for Determination of Applicability to determine whether resource
area boundaries are accurately delineated in accordance with MDAR Pesticide Board
Regulations for use of herbicides in right of way maintenance. Pan Am Railway Rights
of Way in Northampton.
The Commission discussed delineation of the project. Sarah stated that she and a
Commissioner visited the site and confirmed the boundaries. Upon motion by Mason and
second by Downey the Commission voted all in favor to close the hearing. Upon motion
by Downey and second by Mason the Commission voted all in favor to issue a Positive
Determination of Applicability by Checking Box 2A noting that the boundaries are
confirmed only for right-of-way herbicide management.
5:40 P.M.
Request for Determination of Applicability to determine whether construction
of screened porch and deck is subject to the Wetlands Protection Act or Northampton
Wetlands Ordinance. Rena Johnston, 87 Rick Drive, Parcel 12C-112.
Rena Johnston reviewed the project. Sarah stated that she visited the site. The builder
stated that the project would be 6-7 feet above grade. The Commission discussed the
project including alteration and infiltration. Part of the area was already disturbed and
the project should be an improvement. Upon motion by Downey and second by Tim the
Commission voted all in favor to close the hearing. Upon motion by Mason and second
by Tim the Commission voted all in favor to issue a Negative Determination of
Applicability by Checking Box 3. Additional conditions are as follows:
-Placement of erosion control;
-Stormwater capture;
-Removal of railroad ties;
-Maintain pervious surface underneath the structure.
6:00 P.M
Request for Determination of Applicability to determine whether invasive
species removal, debris removal, and filling foundation holes is subject to the Wetlands
Protection Act or Northampton Wetlands Ordinance. Northampton Office of Planning &
Development, Main Street, Leeds, Parcel 10D-048.
Sarah reviewed the project stating they would like to clean up the area, fill holes with
concrete mixture and top soil and use herbicides to treat invasive species and will hand
cut within 10’ of the river.
George Kohout, President, Leeds Civic Association spoke in favor of the City cleaning
up the property and for demarcation of the property line. George stated that he was not
in support of using herbicide application to remove invasive species.
Jason Johnson, 163 Main St., Leeds, stated that he would like to see a plan to treat
invasive species and would like abutters to receive notification of any work.
Sarah stated that notification is given for Notice of Intents and not for Request for
Determinations.
Upon motion by Mason and second by Tim the Commission voted all in favor to close
the hearing. The Commission discussed the project. Upon motion by Tim and second
by Downey the Commission voted all in favor to issue a Negative Determination of
Applicability by Checking Box 2. The Commission supported removal of debris and
filling in holes but will not approve invasive removal until such time a comprehensive
plan is presented to the Commission. Upon motion by Tim and second by Downey the
Commission voted all in favor to amend the motion to allow limited mechanical removal
of invasive species with staff approval.
Meadows Conservation Area - Montview Section conclusion
Conservation Restriction; Memorandum of understanding; Management of property over
next year.
Dora Lewis, 18 Montview Ave., thanked the Commission for their support. Dora
discussed the history and the original drafted CR of the property and would like to see the
intent of the original CR to remain with the property.
Jim Nash, 18 Montview Ave., read his remarks to the Commission (June 14th
attachments).
Mack Everett, 40 Valley Street, read his remarks to the Commission (June 14th
attachments).
Rick Clark, 84 Williams Street, read from various materials to the Commission
discussing the history and the original intention for the land.
Debin Clark, 84 Williams Street, discussed the dense foliage currently from wide open
fields for recreation in the past.
Jim & Dora’s son, 18 Montview Ave., discussed the recreational use of the field from the
past to the present.
Marcy Clark, 84 Williams St., gave a presentation discussing the history of Montview,
the original vision and intent, the original condition of the land and current vision and
intent (June 14th attachments).
Maria Tymoczko, 28 Pomeroy Terrace, stated her support of Marcy Clark’s presentation.
Maria discussed the history of the property and discussed working with others on
developing the original CR and on developing the grassland vision for the property.
Encourages advocates for the enactment of the CR.
Paige Bridgens,12 Northern Ave., discussed the original neighborhood support of the
farm and the willingness to come together regarding the use of the land.
The Chair discussed the existing status and prior and current options for the property
including asking MCCC to come up with a master plan to promote to the Commission to
entertain their proposal. The Chair asked MCCC if they are still willing to pursue a
MOU. Jane Potter confirmed that they are.
Maria Tymoczko stated that there was a CR that should have been enacted and if the City
has been acting as though there’s a CR it has force.
The Chair agreed that the recognition of the initial intent is important. Whether it has any
force or not, the Commission has agreed to respect that intent.
The Commission discussed options for the property. Upon motion by Kevin and second
by Mason the Commission voted all in favor to have MCCC engage in developing a
master plan to be presented to the Commission in order to create a MOU. The
Commission discussed maintenance on the property and agreed that in the interim to
allow Paige Bridgens to remove a cage from around a tree and to allow mowing of the
athletic field and minimal mowing of paths.
Review of Mail.
Sarah noted that she received abutter notification from National Grid for poles on
Chesterfield Rd.
Sarah stated that the upper Roberts Meadow dam is eligible to be listed on the National
Register of Historic Places.
Sarah received correspondence from MA Historic regarding additional review for the
rockcrib in the Connecticut River.
Sarah stated that there is a Notice of Project Change for Norwottuck Rail Trail.
Sarah received a copy of correspondence from Natural Heritage regarding Paradise Pond.
Meeting Adjourned: Motion By: Second By: Unanimous:
8:15 p.m. Mason Tim All in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
June 28, 2012
Members Present Time
Kevin Lake, Chair x
Lisa Fusco
Mason Maronn x
Vacant
Downey Meyer x
Tim Parshall x
Steve Sauter x
Staff Present Time
Sarah LaValley x
Aleta DeLisle x
Meeting Opened At: By:
5:00 p.m. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
May 24, 2012 Downey Mason All in favor
June 14, 2012 Mason Downey All in favor
Order of Business:
5:05 P.M Request for Determination of Applicability to determine whether installation of
fiber-optic cable in conduit is subject to the Wetlands Protection Act or Northampton
Wetlands Ordinance. MassBroadband Institute, City rights-of-way along Hatfield Road and
Old Damon Road.
Mike Nolan, G4S Technology and Cornell Robinson, MBI represented the project. Mike
discussed the installation of the fiber optic cable. Cornell discussed the location of work and
the process of bringing broadband into Western Mass.
Upon motion by Mason and second by Tim the Commission voted all in favor to close the
hearing. The Commission agreed that installing a silt fence was not necessary.
Upon motion by Tim and second by Mason the Commission voted all in favor to issue a
Negative Determination of Applicability by Checking Box 2 with the following conditions:
1) The Commission be notified at least 48 hours prior to work and when work has been
completed.
2) All appropriate permits must be secured from the state before work is conducted.
5:20 P.M Request for Determination of Applicability to determine whether activities
associated with decommissioning of a leachate treatment system is subject to the Wetlands
Protection Act or Northampton Wetlands Ordinance. Northampton DPW, 170 Glendale
Road (City Landfill), Parcel 42-089.
Jim Laurila, Department of Public Works and Dan Nitzsche, GZA, represented the project.
Jim stated that the plant was built in 1990 for pre-treatment operation but is no longer
needed. Jim reviewed the project including pumping the water from the lagoons into the
sewer system and removing an old pump station and underground storage tank. Dan
presented slides of the project area and reviewed existing conditions, location of resource
areas and proposed conditions.
Upon motion by Mason and second by Downey the Commission voted all in favor to close the
hearing. After a brief discussion the Commission voted all in favor to issue a Negative
Determination of Applicability by Checking Box 2 and noted that the project is exempt from
the Northampton Wetlands Ordinance. The Commission added the condition that work is
proposed to take place entirely within disturbed areas, and will restore some of the site to a
less degraded condition.
All other business not foreseen when agenda was published.
Mark Carmien, Friends of Mineral Hills appeared before the Commission to discuss
installing boardwalks at Mineral Hills Conservation Areas due to the trails being degraded.
Mark described the construction and materials and noted that they have reached 50% of the
funds needed for the materials. Mason asked if the posts would be laid on the ground. Mark
stated that they would be. The Commission stated their support of the project and that a
Request for Determination would need to be filed.
Maria Tymoczko, 28 Pomeroy Terrace appeared before the Commission to discuss
construction work being done at the Three County Fairgrounds including TRG surfacing,
drainage system and lights. Maria read an excerpt of the previously issued Order of
Conditions. The Commission reviewed the Order of Conditions and plans. The Chair stated
that if the work was not permitted the Commission would take action but the Commission
agreed that the work for Phase 1 is being done according to plans. Maria asked the
Commission to further respond to her inquiry at the next meeting of the Commission.
Conservation Area Sign Standards.
The Commission reviewed new sign standards for conservation areas. Sarah stated that
four new signs have been installed that meet the standards.
Generic Permit for Conservation Area Work.
The Commission discussed language for a generic permit for work in conservation areas to
include some maintenance and improvement activities.
The Commission asked Sarah to send a friendly reminder letter to a property owner cutting
in the riverfront.
Meeting Adjourned: Motion By: Second By: Unanimous:
6:35 p.m. Tim Mason All in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
July 12, 2012
Members Present Time
Kevin Lake, Chair x
Lisa Fusco
Mason Maronn x
Downey Meyer
Tim Parshall x 6:30 left
Steve Sauter x
Cynthia White x
Staff Present Time
Sarah LaValley x
Aleta DeLisle x
Meeting Opened At: By:
5:00 p.m. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
June 28, 2012 Tabled until next
meeting
Order of Business:
5:05 P.M Request for Determination of Applicability to determine whether asphalt
paving of a grass-paved parking area is subject to the Wetlands Protection Act or
Northampton Wetlands Ordinance. GE Healthcare, 22 Industrial Drive East, Parcel 19-
12.
Merideth Borenstein, N.E. Environmental described the project including parking and
drainage. The Commission discussed the project and requested the applicant to come
back to the Commission with documentation of the original stormwater calculations
assuming area of grass pavers to be impervious. Upon motion by Tim and second by
Cynthia the Commission voted all in favor to continue the hearing until August 9, 2012
@ 5:05 p.m.
5:20 P.M Request for Determination of Applicability to determine whether parking area
enlargement and construction of a dropoff lane and arrival plaza are subject to the
Wetlands Protection Act or Northampton Wetlands Ordinance. Northampton
Montessori Society, 51 Bates Street, Parcel 25A-046.
Peter Wells, Berkshire Design reviewed the site plan and proposed work. The
Commission discussed the project. Upon motion by Mason and second by Tim the
Commission voted all in favor to close the hearing. Upon motion by Tim and second by
Mason the Commission voted all in favor to issue a Negative Determination of
Applicability by checking box 3 with additional conditions that the impervious surface
must be equal to or less then current conditions and that staff will review the final plans.
Management Plan for Meadows Conservation Area, Montview Section, Meadows City
Conservation Coalition.
Jane Potter, President, MCCC, reviewed the Montview Conservation Area Management
Plan and identified resources and goals of the plan.
Adele Franks, Florence, stated her support of the forest garden and the value of keeping
it.
Maria Tymoczsko, 28 Pomeroy Terrace, stated the need for an inventory of the forest
garden.
Fred Zimnock, 23 Pomeroy Terrace, stated his concern about setting precedence by
keeping the forest garden.
Jane Potter stated her appreciation of the forest garden. MCCC will investigate moving
some of the plants to a different parcel.
Jim Nash, 18 Montview Ave., stated his support of the management plan and in bringing
the land back to the original condition prior to lease. Jim stated his support of the forest
garden.
Rick Clark, 84 Williams Street, stated his concern whether some plants may be non-
native or invasive in the forest garden.
Sigrid Schmalzer, 102 Williams Street, stated her support in preserving the forest garden
especially for children to enjoy.
Jane Potter stated that an inventory and plan can be created for the forest garden.
The Commission agreed that it was a good plan and noted that they would like to see
more detailed information including diagrams regarding specific items. Jane Potter noted
that this will be submitted to the Commission.
Marcy Clark, 84 Williams St., suggested that more of the specifics would be incorporated
into the MOU.
Upon motion by Mason and second by Steve the Commission affirmed that the document
as presented as a good basis in proceeding to the next step.
Maria Tymoczko, asked the Commission for assistance with the details of the plan.
Paige Bridgens, 12 Northern Ave., offered assistance in performing some maintenance.
Kevin stated that at the present time no maintenance will take place.
Carol Russell, 37 Holyoke St., stated her support of the document but would like
community input.
Sigrid Schmaltzer stated that she would like community input regarding the document.
Sarah stated that she will post the draft plan on the Planning Dept. website.
Fairgrounds Order Clarification – Request from Abutter.
Maria Tymoczko appeared before the Commission for clarification of work at the
Fairgrounds specifically TRG surfacing in the northeast corner of the site. Maria
addressed a letter to the Commission (copy attached). The Commission and staff agreed
that no violation had taken place and that the TRG surfacing was referenced in the plans
that were referenced in the Order of Conditions for Phase 1. Staff will provide links to
the applicable permits and plans that are available online.
All other business not foreseen when agenda was published.
The Commission welcomed Cynthia White as a new member to the Commission.
Wayne Feiden, Director, Office of Planning & Development appeared before the
Commission to request a letter of support to apply for a Park Service Education grant.
The Commission discussed the matter. Upon motion by Mason and second by Steve the
Commission voted all in favor to submit a letter of support with the Chair signing on
behalf of the Commission.
Meeting Adjourned: Motion By: Second By: Unanimous:
7:20 p.m. Steve Cynthia All in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
August 9, 2012
Members Present Time
Kevin Lake, Chair
vacant
Mason Maronn x
Downey Meyer x
Tim Parshall x
Steve Sauter x
Cynthia White
Staff Present Time
Sarah LaValley x
Aleta DeLisle
Meeting Opened At: By:
5:03 p.m. Mason
Minutes Approved: Motion By: Second By: Unanimous:
June 28, 2012 Downey Steve 4-0
July 12, 2012 Downey Tim 4-0
Public Comment:
Jim Nash, Montview Avenue, stated that it is the time of year that brushogging is
typically done at the Montview Conservation Area, and the neighbors would like to make
sure that this is again allowed this year before proceeding. The garden and wetland areas
will not be mown. Downey asked whether the plan was to mow non-woody first year
vegetation. Jim confirmed that it is. The Commission agreed brushogging could take
place.
Order of Business:
5:05 P.M.
Continuation: Request for Determination of Applicability to determine
whether asphalt paving of an grass-paved parking area is subject to the Wetlands
Protection Act or Northampton Wetlands Ordinance. GE Healthcare, 22 Industrial Drive
East, Parcel 19-12
Mason summarized that at the previous meeting, the Commission requested clarification
that the pervious paver area was represented as impervious for stormwater purposes in
the original Order of Conditions and referenced plans.
Mickey Marcus, New England Environmental, stated that the Commission was interested
in LID techniques at the time the Microcal expansion was reviewed. The pervious paver
area was included as a general site improvement, but was not required to meet the
performance standards of the Wetlands Ordinance. It was not included as an infiltration
area in drainage calculations, so adjacent stormwater features were sized and designed to
handle runoff from this area. The lot does not infiltrate due to the depth of the water
table.
Downey asked about snow removal. Mickey stated that parking is limited, so snow is
typically removed from the site. The same contractors have been used for several years,
but the process is not institutionalized.
Downey moved to close the hearing, seconded by Tim. The motion carried unanimously.
Tim moved to issue a negative determination by checking box 3 to indicate that the area
is within the buffer zone and subject to the WPA, but the work will not alter an area
subject to protection, and including conditions that the Commission be notified 48-hours
prior to work and when work is complete, and that a permanent ‘no snow storage’ sign be
installed to prevent plowing into the resource area. Seconded by Downey, the motion
carried unanimously.
5:15 P.M
Request for Determination of Applicability to determine whether garage
demolition, construction of a deck and shed, and driveway paving are subject to the
Wetlands Protection Act or Northampton Wetlands Ordinance. Mary Glazewski, 503
Mount Tom Road, Parcel 46-58
Sarah provided a history of permitting at the site, noting that a FEMA grant was used to
elevate the house out of the floodplain. Building codes changed during the project,
necessitating filling of the basement that was not originally planned. Some work shown
on the plans is already allowed under a 2008 permit for that work that was extended by
the Permit Extension Act.
Mary Glazewski provided an overview of the project, including placement of a pre-built
shed on a gravel base. The location was chosen because no vegetation removal will be
required. It will be anchored to meet building code requirements.
Downey asked about plans for the garage. Mary stated that it, and its concrete base, will
be removed and the area planted with grass and shrubs.
Downey moved to close the hearing, seconded by Tim. The motion carried unanimously.
Tim moved to issue a negative determination should be issued by checking box 2 to
indicate that the work is within an area subject to protection, but will not remove dredge,
fill or alter that area, and noting that the shed is exempt from the WPA under 310 CMR
10.012 (2)b.. Seconded by Steve, the motion carried unanimously.
5:30 P.M
Notice of Intent for construction of a multi-use trail within riverfront area (Mill
River) and bordering land subject to flooding. Northampton Recreation Department.
Meadow Street Right-of-Way
Carlos Nieto, Berkshire Design Group, provided an overview of the project. The path
will be a 8 foot wide sidewalk within the road right-of-way to connect to the Florence
Fields trail, and an existing sidewalk on Cortecelli Street.
Regarding performance standards, Carlos stated that NHESP has issued a no-take
decision pursuant to the MEPA process. No work is proposed within bank or BVW, but
is proposed within buffer zone. The work will cause a decrease in flood storage capacity
within BLSF, but the excess capacity from Florence Fields will be utilized to maintain a
net increase in capacity. Drainage patterns will also be changed to no longer drain into
the neighboring property.
Work will occur in both inner and outer riparian zones, but riverfront area standards are
met, with some exceptions allowable as the work is part of a limited project. Existing
drainage control structures will be utilized, and erosion control will be installed to protect
the detention basin near the work as well as catchbasins.
Mason asked if the catchbasins within the project area are deep sump. Carlos replied that
they are. Some have a buildup of silt and could be cleaned prior to the project.
No tree removal is planned, but three street trees will be planted. Knotweed will also be
removed.
Tim asked about keeping track of flood storage. Sarah suggested this be included as a
condition.
Tim moved to close the hearing. Seconded by Downey, the motion carried unanimously.
Downey moved to issue an Order of Conditions, including standard conditions 1-33, and
additional conditions 1-34, and additional conditions:
34. Snow shall not be placed in resource areas, their buffer zones, or the detention
basin as shown on project plans.
35. Knotweed plants and roots must be removed and properly disposed of off-site
prior to installation of the path.
36. The project area shall be inspected annually in early spring for knotweed re-
occurrence. If knotweed is evident, the area shall be treated by a method to be reviewed
and approved by the Commission. A request for a certificate of compliance shall include
documentation that the knotweed has been eradicated from the project area, or that the
site has been treated for three growing seasons.
37. A revised flood storage table for the entire Florence Fields project shall be
submitted as soon as the sidewalk project is complete. The revised table shall be
incorporated into the Order of Conditions for athletic fields construction, DEP File 246-
0660.
5:50 P.M
Request for Determination of Applicability to determine whether installation of
pedestrian boardwalks is subject to the Wetlands Protection Act or Northampton
Wetlands Ordinance. Friends of Mineral Hills, Turkey Hill/Sylvester Roads (Mineral
Hills Conservation Area), Parcel 34-002
Mark Carmien, Friends of Mineral Hills Conservation Area provided an overview of the
project. Boardwalks are proposed to be installed at wet spots in trails to keep people on
paths and prevent the trails from enlarging. A large team of volunteers is hoped for to
carry the materials, and nearby homes and driveways will also be used as staging areas.
No trees or vegetation will be removed.
Tim asked if the boardwalks could sink from use. Mark stated that rocks under supports,
as well as longer spans will be utilized as needed.
Tim asked about signage directing hikers to stay on the boardwalks. Mark replied that the
Friends are developing a signage program and that could possibly be included.
Downey moved to close the hearing. Seconded by Steve, the motion carried
unanimously.
Downey moved to issue a negative determination by checking box 2 to indicate that the
work is within an area subject to protection, but will not remove dredge, fill or alter that
area. Seconded by Steve, the motion carried unanimously.
6:05 P.M
Request for Determination of Applicability by MassDOT District 2 to
determine whether work associated with resurfacing of I-91 NB and SB is subject to the
Wetlands Protection Act.
Robert Natario, MassDOT, provided an overview of the project, to include resurfacing of
the travel lanes, and installing catchbasin grates and pavement markers. Work will be
done as soon as possible.
Downey moved to close the hearing. Seconded by Tim, the motion carried unanimously.
Downey moved to issue a negative determination by checking box 2 to indicate that the
work is within an area subject to protection, but will not remove dredge, fill or alter that
area. Seconded by Tim, the motion carried unanimously.
Robert provided the Commission with an update on the Norwottuck Rail Trail parking
lot.
Proposed Septic Work, 502 Haydenville Road
Peter Flinker stated that when his barn fell down, the Commission issued an Order of
Conditions for rebuilding on the same footprint. Rather than build as a barn, he would
like to finish as a second dwelling, which will require an upgrade to the septic system and
connection to the new unit within the buffer zone.
The Commission asked about construction of a second dwelling on the same lot. Peter
stated that he will be filing an application for an accessory apartment.
Sarah provided a summary of options for addressing the work within the buffer zone.
Either vote to allow as a field change to the existing Order, or require additional
permitting; either an RDA or a request for an amendment to the existing Order.
Tim moved to allow the septic work as a field change, with addition of silt fence between
the work and the pond required. Seconded by Downey, the motion carried unanimously.
Executive Session under MGL C 30A §21(6) to 'Consider the Purchase, Exchange, Lease
or Value of Real Property' for interests in conservation lands
Upon motion by Downey and second by Tim the Commission voted all in favor by roll
call vote to enter into Executive Session at 6:20 p.m. for land acquisition purposes.
Upon motion by Downey and second by Tim the Commission voted all in favor by roll
call vote to adjourn Executive Session and return to Regular Session at 6:50 p.m.
Sarah provided an update on the new Permit Extension Act.
Meeting Adjourned: Motion By: Second By: Unanimous:
6:55 p.m. Downey Tim All in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
August 9, 2012 Executive Session
Members Present Time
Kevin Lake, Chair
vacant
Mason Maronn x
Downey Meyer x
Tim Parshall x
Steve Sauter x
Cynthia White
Staff Present Time
Sarah LaValley x
Aleta DeLisle
Order of Business:
Upon motion by Downey and second by Tim the Commission voted all in favor by roll
call vote to enter into Executive Session at 6:20 p.m. for land acquisition purposes.
Wayne Feiden, Director, Office of Planning and Development provided an overview of
land acquisition projects.
Wayne stated that the Laurel Park Association is interested in permanently protecting a
parcel between Route 5 and Coles Meadow Road with a conservation restriction donated
to the Conservation Commission, with the Commission covering only legal expenses.
Upon motion by Downey and second by Tim, the Commission voted unanimously to
accept the restriction.
Wayne provided an update on several projects within the Broad Brook/Fitzgerald Lake
Greenway. The LAND grant program is getting more competitive and less sure since the
end of the Commonwealth Capital program. The state’s efforts are shifting more towards
larger acquisitions, with more emphasis and funds being placed on the Landscape
Partnership program, which includes acquisitions of 500 acres or more. There are several
parcels surrounding Fitzgerald Lake that could make the Commission eligible. The
Commission supported the idea and agreed the program and acquisitions should be
pursued if possible.
Wayne updated the Commission on the Burke section of the Parson’s Brook
Conservation Area. The land is being offered to the Commission at $500 per acre. While
it is isolated, it is part of a larger story. Upon motion by Downey and second by Tim, the
Commission voted unanimously to move forward with acquisition of the parcel.
Wayne stated that he is working with a landowner on Sylvester Road with a parcel on the
market. It is an inholding to Sawmill Hills, and also provides an additional link to
Mineral Hills. Price and exact boundaries are still being negotiated, as the owner may
want to retain a lot. Upon motion by Downey and second by Tim, the Commission voted
unanimously to move forward with the acquisition.
Wayne stated that he has been reviewing properties in tax title with the treasurer, and
there are several that are of interest for conservation. Exact status of each is unknown,
some may get paid, owners may be unknown, or deeds in lieu of foreclosure could occur
if taxes are outstanding for many years. Three parcels in Sawmill Hills abut existing
open space, and a parcel in The Ridge subdivision also abuts protected land. A Meadows
parcel abuts the Conte National Wildlife Refuge. The Commission sold a donated parcel
to Fish and Wildlife, and has funding available that could be used for a purchase in the
same area. A Damon Road parcel abuts the Connecticut River Greenway, and could be a
future restoration project. A Dike Road parcel may potentially include the I-91 billboard,
a parcel adjacent to the old jail farm could potentially be returned to agriculture, and two
other parcels may make sense to MassAudubon.
Upon motion by Downey and second by Tim, the Commission voted unanimously to
support moving forward on the tax title properties if possible.
Upon motion by Downey and second by Tim the Commission voted all in favor by roll
call vote to adjourn Executive Session and return to Regular Session at 6:50 p.m.
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
September 13, 2012
Members Present Time
Kevin Lake, Chair X
Tim Parshall X
Mason Maronn
Downey Meyer X
Tricia McGovern X
Steve Sauter
Cynthia White X
Staff Present Time
Sarah LaValley X
Aleta DeLisle X
Meeting Opened At: By:
5:00 p.m. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
August 9, 2012 Tabled until next
meeting.
Order of Business:
5:05 PM
Request for Determination of Applicability to determine whether construction
of a garage and addition is subject to the Wetlands Protection Act or Northampton
Wetlands Ordinance. Evan & Kristen Benjamin, 113 Vernon Street, Parcel 31A-312.
Bruce Griffin, New England Environmental, Lynn Badgett of Wright Builders and Mrs.
Benjamin represented the project. Bruce reviewed the project noting that there is no
work within the resource area. Bruce discussed the location of erosion control barriers.
Upon motion by Downey and second by Tim the Commission voted all in favor to close
the Hearing. Upon motion by Downey and second by Tim the Commission voted all in
favor to issue a Negative Determination by Checking Box 3 with standard conditions and
the additional condition that the silt fence be placed at the rear property.
5:20 PM
Notice of Intent for construction of an addition within bordering land subject to
flooding. Jain Lattes & Douglas Thayer, 45 Spring Street, Parcel 22B-058. DEP File #:
246-0664.
Bruce Griffin, New England Environmental and Roger Cooney, Wright Builders,
represented the project. Bruce noted that the addition will be on concrete piers and
discussed compensatory storage. Upon motion by Downey and second by Tim the
Commission voted all in favor to close the hearing. The Commission discussed the
project including compensatory storage. Upon motion by Downey and second by
Cynthia the Commission voted all in favor to issue an Order of Conditions with standard
conditions and additional conditions that any additional fill to the property will require
review by the Commission. No as-built plan is required.
Discussion of Possible Compensatory Flood Storage Minimum Threshold
Upon motion by Downey and second by Tim the Commission voted all in favor that
placement of one cubic foot or less of fill within borderling land subject to flooding will
not generally cause an increase or will contribute incrementally to an increase in the
horizontal extent and level of flood waters during peak flows, and will not require review.
The Commission authorized staff to review these projects and direct applicants to file
applications if in staffs opinion the projects could have a negative effect on the interests
served by the WPA and Northampton Wetlands Ordinance
5:40 PM
Request for Determination of Applicability to determine whether construction
of a shed and chicken coop is subject to the Wetlands Protection Act or Northampton
Wetlands Ordinance. Peter Sohriakoff, 51 Woodmont Road, Parcel 24D-096.
Peter Sohriakoff reviewed the project noting that he would like to build the shed and
attached chicken coop within 50’ of the bordering vegetated wetland. The Commission
discussed the project. Upon motion by Downey and second by Tim the Commission
voted all in favor to issue a Negative Determination of Applicability by Checking Box 2.
The Commission added the condition that the Commission be notified at least 48 hours
prior to the start of work and again on completion of work so staff can inspect it.
Welcome New Commissioner. The Commissioners welcomed newcomer Tricia
McGovern to the Commission.
Elect Vice-Chair. The Commission nominated Mason Maronn to the position of Vice-
Chair if he so accepts.
Review of Northampton Standard Wetlands Permit Conditions. The Commission
reviewed the standard conditions. Upon motion by Downey and second by Cynthia the
Commission voted all in favor to amend Standard Condition #11 to include vernal pool
setbacks.
Discussion of Possible Compensatory Flood Storage Minimum Threshold. The
Commission agreed to set one cubic yard as the threshold for wetlands review not
needed.
Develop Training and Workshop Needs List. The Commission wants to learn more about
invasive species and whether other communities provide outreach regarding riverfront
areas. Downey suggested sending a brief riverfront area guide to residences in those
areas for educational purposes.
Review of Staff-Issued Permits.
Sarah discussed the Request for Emergency Certification by the DPW for Sylvester Rd.
Culvert Replacement. The Commission discussed the project and reviewed the plans.
Upon motion by Kevin and second by Downey the Commission voted all in favor to
approve the request subject to staff approval and authorized staff to inspect the worksite
for appropriate erosion control measures.
Review of mail. Sarah discussed a letter she received from Pare Corporation regarding
Smith College dam repair project. Sarah reviewed the “no mowing” condition of the
project which Smith College would currently like to mow. The Commission discussed
the project and agreed that since the area (not mowed) is counting as mitigation of the
project it should not be mowed and needs to be left in a natural state. Sarah will follow
up with a letter to Smith College/Pare Corporation.
Meeting Adjourned: Motion By: Second By: Unanimous:
6:45 p.m. Tim Downey All in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
October 11, 2012
Members Present Time
Kevin Lake, Chair X
Mason Maronn X
Tim Parshall X
Downey Meyer
Tricia McGovern
Steve Sauter X
Cynthia White X
Staff Present Time
Sarah LaValley X
Aleta DeLisle X
Meeting Opened At: By:
5:00 p.m. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
September 13, 2012 Tim Cynthia All in favor
August 9, 2012 Cynthia Tim All in favor
Order of Business:
5:05 PM
Notice of Intent under the Wetlands Protection Act and Northampton Wetlands
Ordinance for reconstruction of the Norwottuck Rail Trail Parking Lot within riverfront
area (CT River) and buffer zone to BVW. MassDOT, Damon Road, Parcel 25A-014.
DEP File #: 246-0665.
Robert Natario, MassDOT, reviewed plans that were submitted and noted they will be
increasing the parking lot to 60 spaces. Robert discussed stormwater and erosion issues
and stabilization. Sarah noted that the outfall will be subject to stormwater standards
when that project is done. Upon motion by Cynthia and second by Mason the
Commission voted all in favor to close the Hearing. Upon motion by Mason and second
by Cynthia the Commission voted all in favor to issue an Order of Conditions #1-33 with
the additional conditions that native plants be used in areas shown as ‘loam and seed,’
and that use of salt and sand is not permitted.
Request for Certificate of Compliance, Christine and Michael Cahillane. 337 Bridge
Street, Parcel ID 25A-109, DEP File 246-539.
David Holmberg, Huntley Associates, represented the project and stated that the as-built
plan was done in compliance with the grading plan. Sarah stated the as-built plan is as
designed. Upon motion by Mason and second by Steve the Commission voted all in
favor to grant the Certificate of Compliance.
Elect Vice-Chair.
Mason accepted the nomination of Vice Chair. The Chair offered a motion, seconded by
Cynthia that Mason serve as Vice-Chair for the remainder of his position. The
Commission voted all in favor.
Review of Northampton Standard Wetlands Permit Conditions for Orders of Conditions.
The Commission reviewed the standard conditions and amended condition #30 and #33.
Discussion of Agricultural License Procedure for Conservation Parcels Designated as
Working Landscapes.
Upon motion by Mason and second by Steve the Commission voted all in favor to
authorize staff to issue agricultural licenses as needed for the Elwell section of CT River
Greenway, the Mineral Hills APR section, the Bleiman parcel, and other areas designated
as ‘working landscapes.’ The Commission will still review any proposals for farming on
neighborhood and wilderness areas.
Discussion of Enforcement Order, Edgewood Terrace.
Sarah discussed dumping behind the condominiums off Edgewood Terrace and noted that
the Health Department has issued a violation. Chuck Bowles, Manager of the
Condominium Association stated that the dumping material consists of landscaping and
cutting debris from that property and other property that’s being placed there. Sarah
visited the site and discussed wetland delineations. The Commission will wait to see how
the Health Dept. will proceed and if removal is warranted work will need to get permitted
through the Commission. The Commission agreed that any dumping there needs to stop.
All other business not foreseen when agenda was published.
Sarah stated that a she had a request from Valley Human Services to do wilderness
camping at Elwell Island on Saturday night. The Commission agreed that this was o.k.
Meeting Adjourned: Motion By: Second By: Unanimous:
6:20 p.m. Mason Tim All in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
October 25, 2012
Members Present Time
Kevin Lake, Chair X
Mason Maronn X
Tim Parshall X
Downey Meyer
Tricia McGovern X
Steve Sauter X
Cynthia White X
Staff Present Time
Sarah LaValley X
Aleta DeLisle X
Meeting Opened At: By:
5:00 p.m. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
August 9, 2012 Tabled until
Exec. Session next meeting.
October 11, 2012
Order of Business:
5:00 PM
Request for Determination of Applicability to determine electric pole
installation is subject to the Wetlands Protection Act or Northampton Wetlands
Ordinance. Massachusuetts Electric Company, Chesterfield Road Right of Way.
Kyle Hoffman, Tighe & Bond, reviewed the project noting that work would be completed
within a day. Kevin asked about types of treatments applied to utility poles. Upon
motion by Mason and second by Cynthia the Commission voted all in favor to close the
Hearing. The Commission agreed that the work will not alter the resource area. Upon
motion by Mason and second by Tim the Commission voted all in favor to issue a
Negative Determination of Applicability by Checking Box 2 with the additional
condition that the Commission be notified at least 48 hours prior to the start of work and
again when work is complete.
5:15 PM
Notice of Intent by MassDOT under the Wetlands Protection Act and
Northampton Wetlands Ordinance for construction of a park and ride facility within
buffer zone to BVW and riverfront area. 421 North Main Street (VAMC) Leeds, Parcel
11-001.
Alex Murray of MassDOT and Peter Reed and Erin Jacque of BSC Group, represented
the project. Peter reviewed the project stating that they will be replacing the old parking
lot with a new one with 75 parking spaces of which the City will have 50 spaces and
VAMC will have 25. VAMC will operate and maintain the lot. Representatives
discussed the project including the new infiltration system, new stormwater swale,
stormwater runoff, drainage and impervious area. Erin stated how the project meets
riverfront requirements. Sarah noted that Natural Heritage and Endangered Species
Program confirmed that the project was exempt. Sarah stated that the stormwater report
has been submitted to the Dept. of Public Works for review. Upon motion by Cynthia
and second by Steve the Commission voted all in favor to close the Hearing. Upon
motion by Mason and second by Cynthia the Commission voted all in favor to issue an
Order of Conditions with standard conditions #1-33 and additional condition #34 that the
use of coal-tar containing sealcoating is prohibited and additional condition #35 that the
stormwater O&M must designate a snow storage area.
Discussion of generic applications for conservation area improvements and
small/beneficial projects.
Sarah discussed implementing generic applications and permits for conservation area
improvements and for smaller projects. The Commission supported the idea of a generic
permit for conservation work on open space parcels, and wanted to think more about
what types of other projects could be included in another generic application, and how
the process would work; limiting fees and unnce Mason stated that DEP is also initiating
ways to streamline their permitting process. Tim and Kevin suggested looking at the past
history of Request for Determinations to see if there is a definable class of projects that
the Commission could clearly identify that do not impact resource areas, and the pursue
an application for those.
Review of Staff-Issued Permits.
Sarah stated that she issued an Emergency Certification for O’Reilly, Talbot & Okun for
an oil spill on Spring Street.
All other business not foreseen when agenda was published.
The Commission discussed interest in further training/workshops that may be useful to
members including Open Meeting Laws (for new members), stormwater regulations,
invasive species and the distinction between the wetlands act and wetlands ordinance.
Meeting Adjourned: Motion By: Second By: Unanimous:
6:25 p.m. Tim Cynthia All in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
November 8, 2012
Members Present Time
Kevin Lake, Chair X
Mason Maronn X
Tim Parshall X
Downey Meyer X
Tricia McGovern
Steve Sauter X
Cynthia White X
Staff Present Time
Sarah LaValley X
Aleta DeLisle X
Meeting Opened At: By:
5:00 p.m. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
Aug. 9, 2012 Exec. Tabled until next
Session meeting.
October 11, 2012 Steve Downey All in favor
October 25, 2012 Steve Downey All in favor
Order of Business:
Mack Everett and Peter Blanchette, residents of Valley Street, appeared before the
Commission and stated that the Montview Ave. neighborhood raised funding for rental of a
wood chipper to clear the brush piles at the Montview Conservation Area and will start work
this weekend. They also asked the Commission if they could remove invasive species. The
Commission agreed that they can remove the brush piles since they are outside of the 50’
buffer but would need to apply for a formal application to do any work inside the 50’ buffer
which would include invasive species removal.
5:00 PM Request for Determination of Applicability to determine whether installation of
fiber-optic cable new in conduit is subject to the Wetlands Protection Act or Northampton
Wetlands Ordinance. MassBroadband Institute, right-of-way along Easthampton.
Cornell Robinson, MassBroadband, Mike Turgeon, Jacobs Engineering and Mike Nolan, G4S
Technology represented the project. Mike Turgeon stated that the project will take place on
Easthampton Rd. and reviewed existing and proposed plans stating that work falls within
the 100’ buffer zone. Mike Nolan stated that they would be using a directional bore. Mike
stated work would be complete within a couple of days and that erosion control measures
would be installed if excavation is needed.
Upon motion by Tim and second by Downey the Commission voted all in favor to close the
Hearing. Upon motion by Mason and second by Tim the Commission voted all in favor to
issue a Negative Determination of Applicability by Checking Box 3 and included staff
recommendations that a silt fence is recommended if excavation takes place and that the
Commission be notified at least 48 hours prior to work as well as when work has been
completed.
5:10 PM Notice of Intent for construction of an addition and related improvements within
buffer zone to BVW. Norice McGrath, 49 Murphy Terrace, Parcel 24A-202. DEP File #: 246-
0667.
John Landry and John Schluenz of Route 9 Design & Build and Norice McGrath, 49 Murphy
Terrace represented the project. Norice reviewed the project. John Schluenz noted that the
project falls within the 50’ buffer but designed so not to encroach within the 35’ buffer. The
Commission discussed mitigation and demarcation of the wetlands. Upon motion by Downey
and second by Tim the Commission voted all in favor to close the Hearing. Upon motion by
Downey and second by Mason the Commission voted all in favor to issue an Order of
Conditions with standard conditions #1-33 and no requirement for an as-built plan.
Additional conditions include that silt fencing be installed to delineate the limit of work at
the 15 foot buffer; the applicant will be required to provide a mitigation plan including a
permanent boundary to be approved by the Commission, and a permanent condition
prohibiting alteration within the area of no disturbance. Upon motion by Cynthia and
second by Tim the Commission voted all in favor to allow reasonable access to the basement.
5:25 PM Notice of Intent for installation of a stormwater overflow pipe related to expansion
of Linda Manor facility. Pipe proposed within riverfront area (Mill River) and buffer zone.
John Chakalos, Haydenville Road, Parcel 006-050. DEP File #: 246-0661
Frank DeMarinis and Bryan Balicki of Sage Engineering represented the project. Bryan
reviewed the plans for an emergency overflow pipe from an existing detention basin noting
that use would be for a 100 year storm or greater, or malfunction of the existing pipe. Frank
noted that new Zoe development facility on an adjacent parcel would also tie into the existing
stormwater system, to include the overflow proposed in the NOI.
Sarah stated that the project didn’t meet the performance standards required for riverfront
area or the protected zone in the wetlands ordinance. The alternatives analysis for
disturbance within RFA was not commensurate with the project scope, and the pipe outfall is
proposed within the Protected Zone without meeting the criteria by which it could be
allowed.
The Commission discussed the project and other alternatives and determined that based on
available information, the project cannot be conditioned to meet applicable performance
standards. The applicant needs to provide an alternative analysis including additional
options for dealing with the stormwater, and additional information about how the
performance standards of the WPA and Northampton Ordinance are met, or a plan that
removes work from RFA and Protected Zones.
The applicant requested a continuance. Upon motion by Tim and second by Downey the
Commission voted all in favor to continue the Hearing until December 13 th @5:00 p.m.
5:50 PM Notice of Intent for removal of asphalt plant and associated equipment and
materials, and construction of new commercial buildings, boathouse, boat ramp, dock, and
associated utilities and improvements for Lane Riverfront Park/CT River Greenway. Work
proposed within bordering and isolated vegetated wetland and buffers, bank, land under
water, riverfront area and bordering land subject to flooding (CT River). City of
Northampton. Damon Road, Parcels 18-009, 010, and 012.
Jeff Squire, Berkshire Design and Wayne Feiden, Director, Office of Planning & Development
represented the project. Wayne discussed the history of the site and the proposed
redevelopment noting that Lane Construction will keep 3 buildings for office/light industrial
use and the City would have an area for a boathouse that will be 220’ from the river; along
with the drainage area and water dependent use that will be within 200’ of the riverfront
area. Jeff reviewed plans of the existing site and resource areas noting that most are low
quality wetland areas. Jeff discussed existing degraded wetlands and areas of mitigation.
Jeff noted that Natural Heritage and Endangered Species Program determined that there is
no impact to endangered species. Jeff stated that they have applied for a Chapter 91 license
and are in discussions with Army Corps. Jeff noted that a stormwater permit has been
received from the Dept. of Public Works and a permit has been received from the Planning
Board. Jeff reviewed the drainage system including three proposed drainage outlets stating
they meet or exceed DEP stormwater regulations. Sarah asked whether they meet standards
for new development. Jeff stated they do. Jeff stated that invasive removal will be done
manually or mechanically as much as possible. Upon motion by Cynthia and second by
Mason the Commission voted all in favor to close the Hearing. The Commission discussed
the project. Upon motion by Mason and second by Steve the Commission voted all in favor
to issue an Order of Conditions with standard conditions #1-33 and additional conditions 34-
43, as recommended by staff to protect wetlands during construction, ensure success of
wetland restoration areas, prohibiting future alteration within mitigation areas, and
requirements for submissions of additional plans.
Follow-Up to Emergency Certification, Parcel 24B-079, Hathaway Farms erosion.
The Commission agreed that since work done was more limited than originally proposed, a
retroactive NOI as required in the E-Cert is no longer necessary. The plans and memo
detailing work completed to address the erosion and stabilize the headwall submitted are
sufficient.
Meeting Adjourned: Motion By: Second By: Unanimous:
7:33 p.m. Tim Cynthia All in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
December 13, 2012
Members Present Time
Kevin Lake, Chair X
Mason Maronn X
Tim Parshall
Downey Meyer X
Tricia McGovern X
Steve Sauter X
Cynthia White X
Staff Present Time
Sarah LaValley X
Aleta DeLisle
Meeting Opened At: By:
5:00 p.m. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
Aug. 9, 2012 Exec. Mason Downey All in Favor
Session
November 8, 2012 Cynthia Downey All in favor
Order of Business:
General Public Comment
None
5:00 PM Continuation: Notice of Intent for installation of a stormwater overflow pipe
related to expansion of Linda Manor facility. Pipe proposed within riverfront area (Mill
River) and buffer zone. John Chakalos, Haydenville Road, Parcel 006-050. DEP File #: 246-
0661
Bryan Balicki, Sage Engineering, provided an overview of changes made to project plans
following the first hearing with the Commission. The stormwater outfall has been removed
from the riverfront area and buffer zones. Also part of the project is enlargement of an
existing stormwater pipe. This was not highlighted in the application, but work will occur
within the 50-foot protected zone. Bryan noted that this work will be replacement of an
existing pipe, and will occur entirely within lawn area.
Mason asked whether there will be any impact from the larger pipe. Bryan replied that there
will not be. The pipe will discharge to an existing drainage basin. No increase in flow will
occur, but the existing pipe was undersized, and that will be corrected as part of the project.
Flooding had not been a concern, but computer modeling indicated that the pipe was
undersized for the drainage area. Calculations for the original installation were not found.
Sarah noted that the plan revisions, which removed all work from the riverfront area,
addressed the Commission’s concerns with the project not meeting RFA performance
standards. However, the pipe enlargement work will take place within the Protected Zone,
and this was not noted in the application. The Commission will need to consider whether
this portion of the project meets the standards of the Wetlands Ordinance.
There was not public comment on the project. Cynthia moved to close the hearing.
Seconded by Steve, the motion carried unanimously.
Downey noted that the Ordinance generally does not allow work within the Protected Zone,
but that exemptions for drainage work are possible. While the work is not replacement in-
kind, since it is not designed to carry any additional flow, it does not seem like a significant
change, and will not create an alteration since it will take place within lawn area.
Downey moved to issue a negative determination by checking box 3, and inclusion of
standard conditions, with an additional requirement for a final planset. Seconded by
Cynthia, the motion carried unanimously.
Review of Mitigation Plan to satisfy permit condition, 49 Murphy Terrace
The Commission reviewed plans for a retaining wall (dated 10/15/12) to mark the no-disturb
area. Norice McGrath added that the area will also not be mown. Cynthia moved to accept
the plan to satisfy the requirement in the Order for a mitigation plan, and incorporate it into
the permit plans. Seconded by Downey, the motion carried unanimously.
5:30 PM Request for Determination of Applicability to determine whether construction of a
sewer line is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance.
421 North Main Street (VAMC) Leeds, Parcel 11-001.
Dan Garson, Woodard and Curran, provided an overview of the project. Work will include
replacement of the VAMC’s sewer line. The VA was constructed in 1924, and this will be the
first comprehensive upgrade. Work will include trenching, laying pipe, and then backfilling
with excavated material.
Downey moved to issue a negative determination by checking box 3, including standard
conditions. Seconded by Steven, the motion carried unanimously.
Executive Session under MGL C 30A §21(6) to 'Consider the Purchase,
Exchange, Lease or Value of Real Property' for interests in conservation lands
Upon motion by Downey and second by Steve the Commission voted all in favor by roll call
vote to enter into Executive Session at 5:45 p.m. for land acquisition purposes.
Upon motion by Steve and second by Downey the Commission voted all in favor by roll call
vote to adjourn Executive Session and return to Regular Session at 6:00 p.m.
All Other Business Not Foreseen When Agenda Was Published
Sarah informed the Commission that she attended a meeting and site visit regarding the
planned Paradise Pond dredging project. Smith College is pursuing installation of a
diversion pipe for the Mill River under the athletic fields.
Meeting Adjourned: Motion By: Second By: Unanimous:
6:10 p.m. Tim Cynthia All in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
December 13, 2012 Executive Session
Members Present Time
Kevin Lake, Chair X
Mason Maronn X
Tim Parshall
Downey Meyer X
Tricia McGovern X
Steve Sauter X
Cynthia White X
Staff Present Time
Sarah LaValley x
Aleta DeLisle
Order of Business:
Executive Session under MGL C 30A §21(6) to 'Consider the Purchase, Exchange, Lease
or Value of Real Property' for interests in conservation lands
Upon motion by Downey and second by Steve the Commission voted all in favor by roll
call vote to enter into Executive Session at 5:45 p.m. for land acquisition purposes.
Wayne Feiden provided an update on the Broad Brook Gap purchase. The LAND grant
was received, and the Commission now has more funding than is needed to complete the
purchase. An adjacent 28-acre parcel (Vollinger) has also become available, and surplus
funds will be used, with Commission approval, to purchase that parcel. Remaining funds
will be used to complete boundary marking and a survey of the entire Fitzgerald Lake
area. Two nearby parcels, Naumowicz and Gleason, also make up part of the Broad
Brook Gap area, and negotiations are beginning. The Commission agreed that all three
parcels are important to conservation.
Downey moved to authorize purchase of the parcels. Seconded by Steve, the motion
carried unanimously.
Upon motion by Steve and second by Downey the Commission voted all in favor by roll
call vote to adjourn Executive Session and return to Regular Session at 6:00 p.m.