2022.10.27 Staff Report
October 26 2022 Staff Report
To: Conservation Commission
From: Sarah LaValley
RE: Staff Report, October 27 2022 Commission Meeting
Request for Extension to Order of Conditions. Trustees of Smith College, Water
Resources Maintenance Activities. Paradise Pond/West Street DEP File 246-0715.
The Commission issued an Order in August 2018 for bundled maintenance activities in and around
Paradise Pond. Work includes pond drawdown to allow for dam maintenance, other dam and dike
maintenance, embankment and slope maintenance and stabilization, invasive species management,
and maintenance to existing structures, landscaping and stormwater features, such as the boat and
crew houses, Lyman Pond outlet, and Lamont Bridge. Due to tolling during the state of emergency,
the Order is valid until November 2022.
Request for Extension to Order of Conditions. Northampton Area Pediatrics, Parking
Lot Extension. 197 Locust Street DEP File 246-0720.
The Commission issued an Order in November 2018 for a parking lot expansion. Due to tolling
during the state of emergency, the Order is valid until 2/19/2023. Work was not started due to
covid-related issues, and the applicant requests a 3-year extension to allow the project to take
place. A site plan amendment to allow the ex tension has already been granted by the Planning
Board.
310 CMR 10.05 allows Commissions to extend Orders of Conditions for up to three years. The CMR
allows the Commission to deny a request in the following cases:
1. where no work has begun on the project, except where such failure is due to an unavoidable delay,
such as appeals, in the obtaining of other necessary permits;
2. where new information, not available at the time the Order was issued, has become available and
indicates that the Order is not adequate to protect the interests identified in M.G.L. c. 131, § 40; or
3. where incomplete work is causing damage to the interests identified in M.G.L. c. 131,
§ 40; 4. where work has been done in violation of the Order or 310 CMR 10.00; or
5. where a resource area delineation or certification under 310 CMR 10.02 (2)(b)2. If an Order of
Resource Delineation is no longer accurate.
None of these apply in these circumstances. If the Commission does not extend the Orders, a
timeframe should be set for submittal of a certificate of compliance request.