2024.03.14 Staff Report.pdf
March 14 2024 Staff Report
To: Conservation Commission From: Sarah LaValley
RE: Staff Report, March 14 2024 Commission Meeting
5:30 PM, Continuation. Notice of Intent for construction of 9 solar panel canopies
within riverfront (Mill River), buffer zone, and bordering land subject to flooding.
Parallel Products Solar Energy. 182 Mt Tom Rd, Map ID 39-1
Continue the hearing, with no discussion taking place at this meeting, until April 11
at 5:30 PM Other Items: Request for Certificate of Compliance – 595 Haydenville Road, DEP File 246-0754
The Commission issued an Order of Conditions in 2022 for a replacement residential bridge crossing. While no impacts to bank or land under water were quantified in the application, the work includes stone that appears to extend into these areas that was not included in plans. Staff recommends waiting until additional information and clarification about these areas is provided to consider a request for certificate of compliance..
March 14 2024 Staff Report 2
Request for Certificate of Compliance – 176 Turkey Hill Road, DEP File 246-0751
The Commisison issued an Order in 2021 for
demolition of a SFH and construction of a new
house and related work, and stormwater
improvements along an existing driveway. The
Order required submission of an as-built plan.
An as-built plan for the stormwater system, but not the overall site was provided. However, the
project engineer confirmed that erosion control
was installed as shown on plans of record, and
this is still in place. (the limit was shifted to the
treeline, rather than the 50 foot buffer, following
the issuance of the Order, as noted in the
request. The permanent no-disturb area at the
B44 wetland flag is behind the limit of work and
is vegetated, and tree removal conformed to
plans. Staff recommends issuance of a
certificate of compliance. Include ongoing
conditions regarding ongoing no-disturb areas
and stormwater reporting, and add reference to
updated record planset for clarity. Require immediate removal of all erosion control.
House, lawn area, and limit of work on
wetland-facing side
Request for Extension of Order of Conditions – Atwood Drive, DEP File 246-0738
The applicant is requesting an extension to allow the project to be built to completion. The Order
included construction of two commercial buildings, stormwater, and related sitework within BLSF
and buffer zone. Only one building has been constructed. The extension is requested to allow the
remaining building to be completed. The stormwater system and flood storage can then carry over to the rest of the work.
310 CMR 10.05 allows Commissions to extend Orders of Conditions for up to three years. 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. in
an Order of Resource Delineation is no longer accurate.
None of these seem to apply in this case. Staff notes that the plantings have been challenging, and
the applicant may wish to consider alternate species. All planting requirements will need to be
complied with.