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Conservation Commission Minutes 2011 Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. January 13, 2011 Members Present Time Kevin Lake, Chair x Lisa Fusco x 5:15 arrive Mason Maronn x Susan Carbin x Downey Meyer x 6:02 left Valerie Vignaux x 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: December 9, 2011 Mason Downey All in favor regular meeting December 9, 2011 Mason Downey All in favor executive session Order of Business: 5:00 P.MRequest for Certificate of Compliance, Northampton Area Pediatrics. : 193 Locust Street. Parcel 23B-11, DEP File 246-470. Downey and Sarah visited the site. Downey reviewed the completed work. Upon motion by Sue and second by Downey the Commission voted all in favor to issue an Order of Conditions. 5:10 P.MNorthampton Area Pediatrics, Request for Determination of Applicability : to Determine whether a 218 sf building addition and relocation of walkways in buffer zone to bordering vegetated wetlands is subject to the Wetlands Protection Act and/or Northampton Wetlands Ordinance. Parcel 23B-11, 193 Locust Street. Lisa Narkewicz, Heritage Surveys represented the project. Lisa presented plans of the project and reviewed the proposed work which would begin in the spring. Downey reviewed drainage flow from previously visiting the site. The Commission discussed the project. 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 Sue the Commission voted all in favor to issue a Negative Determination by checking Box 3 and Box 2B. Sarah distributed a forest cutting plan for Smith Vocational Agricultural High School. The Commission discussed the plan and will submit formal comment to DCR relative to the number of stream crossings. Land Acquisition Update Wayne Feiden, Director, Office of Planning & Development updated the Commission on land acquisition including Turkey Hill parcel; survey at Girlscouts of Western MA/Fitzgerald Lake, Haydenville Rd. Wayne stated that the City is applying for a Planning Board permit and needs Conservation Commission approval for a reduction in lot size at 227 South Street (Veterinary Clinic) to provide permanent zoning “credit” for land that will be donated to the City for bicycle and pedestrian uses on Hebert Avenue so that the donor’s future options aren’t limited by the donation. Upon motion by Downey and second by Sue the Commission voted all in favor to support the Planning Board permit for a reduction in lot size. Wayne Feiden stated that he will ask for City Council approval to retroactively put Conservation Restrictions on all land purchased with Community Preservation Funds and approval to put Conservation Restrictions on all future purchases using Community Preservation Funds. Executive Session to consider the purchase of real property Upon motion by Sue and second by Downey the Commission voted all in favor by roll call vote to enter into Executive Session at 5:33 p.m. for land acquisition purposes. Upon motion by Sue and second by Lisa the Commission voted all in favor by roll call vote to adjourn Executive Session and return to Regular Session at 6:05 p.m. 6:00 P.MRequest for Certificate of Compliance, Smith Vocational and Agricultural : High School and US Department of Veterans Affairs. Haydenville Road. Parcel 11- 02, DEP File 246-613. Sarah noted that the work has been completed. Phil Smith, Advanced Environmental Solutions, reviewed the history of the project and the work that was completed as planned. Upon motion by Sue and second by Mason the Commission voted all in favor to issue a Certificate of Compliance. 6:15 P.M Request for Certificate of Compliance, Smith College, Campus Facilities : Management. College Lane. Parcel 31C-015, DEP File 246-639. Gary Hartwell, Smith College represented the project. Gary discussed the work that has been completed and work still pending. The Commission discussed the project including walkway material, pervious pavers and invasive species. Upon motion by Sue and second by Valerie the Commission voted all in favor to issue a Partial Certificate of Compliance. Condition 38, requiring that mitigation be proven successful for five years, has not been completed. Request to Withdraw Amended Order of Conditions Application, Three County Fairgrounds. Sarah stated that the applicant wished to withdraw their Amended Order of Conditions and has done so by letter to the Commission per DEP recommendation. Sarah noted that DEP advised the Commission to issue an invalid Order of Conditions as work hasn’t started. Upon motion by Sue and second by Valerie the Commission voted all in favor to accept the request to withdraw the Amended Order of Conditions at DEP’s recommendation making it an invalid Amended Order of Conditions. Discussion of Possible Project at MassDOT District 2, Hatfield Street. Robert Natario of MassDOT District 2 appeared before the Commission to discuss their intent to come before the Commission at a future date for tree removal and a planting plan at the Hatfield Street location. Maria Tymoczko appeared before the Commission and stated her appreciation of the fact that the applicant withdrew their Request for an Amended Order of Conditions at the Three County Fairgrounds and that Condition #43 of the original Order of Conditions needs to be taken seriously along with neighborhood issues. Meeting Adjourned: Motion By: Second By: Unanimous: 7:40 p.m. Mason Lisa All in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. January 13, 2011 Executive Session Members Present Time Kevin Lake, Chair X Lisa Fusco X Mason Maronn X Susan Carbin X Downey Meyer X Valerie Vignaux X Tim Parshall Staff Present Time Sarah LaValley X Aleta DeLisle X Order of Business: Upon motion by Sue and second by Downey the Commission voted all in favor by roll call vote to enter into Executive Session at 5:33 p.m. for land acquisition purposes. Wayne Feiden, Director, Office of Planning and Development discussed the Mill River Greenway and a small parcel of land on the south side of Mill River in Leeds, behind 167 Main Street. The land is in tax title and the property is landlocked. Wayne stated that the neighbor, Mr. Moses, is interested in acquiring the property and is willing to pay off most of the tax title on the property. The City would acquire the property by eminent domain for back taxes and would buy the land with an escrow funded by Mr. Moses. The City will put a Conservation Restriction on the property and the property will be owned by Mr. Moses. The City would pay a small amount of back taxes and pay for the survey. Mr. Moses will pay the vast majority of tax title. The Commission discussed what rights the neighbor would retain. Downey questioned any need for access to the river. Wayne reviewed why there’s not a need. After a brief discussion, upon motion by Downey and second by Mason the Commission voted all in favor to support the acquisition of the Conservation Restriction on the parcel of land on the south side of Mill River in Leeds, behind 167 Main Street. Wayne discussed the history and locations of public access along the Mill River near Ward Avenue. The City has an option with property owner, John Gaustad, who is willing to donate a thin strip of land along the river. The City would need to survey his property and will additionally survey the whole strip along the river. The Commission discussed the project. Downey questioned whether it was worth paying for the survey. Wayne discussed the benefits of doing so. Upon motion by Mason and second by Sue the Commission voted all in favor to support the survey and accepting the land as it comes in. Wayne discussed Sawmill Hills subdivision. The open space residential cluster doesn’t meet current rules and creates some problems. The City has worked out a deal that meets the homeowners and City needs whereby the City would purchase a portion of the land by paying off the back taxes. Wayne updated the Commission on potential early stages of acquisition relative to two pieces of land across from 221 Pine Street; a piece of land owned by National Grid and one owned by Pro Corp. Property on Atwood Drive and property owned by Packaging Corp. of America were also discussed. Upon motion by Sue and second by Lisa the Commission voted all in favor by roll call vote to adjourn Executive Session and return to Regular Session at 6:05 p.m. Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. February 24, 2011 Members Present Time Kevin Lake, Chair x Lisa Fusco x Mason Maronn Susan Carbin Downey Meyer x 7:03 left Valerie Vignaux Tim Parshall x Staff Present Time Wayne Feiden x Aleta DeLisle x Meeting Opened At: By: 5:10 p.m. Kevin Minutes Approved: Motion By: Second By: Unanimous: Voted to release Downey Lisa All in favor executive session minutes: May 28, 2009 th January 28, 2010 December 9, 2010 Order of Business: 1.5:00 P.M, Continuation, Deborah Koch, Notice of Intent for an addition in the Manhan riverfront area and buffer zone to BVW. 140 Loudville Road, Map ID 48-6. DEP File 246-644. Per the applicant’s request, upon motion by Downey and second by Lisa the Commission voted all in favor to continue the hearing until March 10 @5:30 th p.m. in the City Hall Hearing Room. 2.Grow Food Northampton – Community Gardens Community Preservation Application. Lilly Lombard and Tom Benjamin representing Grow Food Northampton appeared before the Commission and updated the Commission on the progress of the project including the design and creation of community gardens and an agricultural, educational site on the south field of the Bean/Allard farmland. Lilly discussed potential future activities on the remaining site. Tom discussed the location and proposed removal of invasive species and ways of improving the quality of the riverbank area. Tom relayed that after speaking with Natural Heritage and Endangered Species there is one species of dragonfly that is of special concern and he is discussing ways to help with their habitat. Upon motion by Downey and second by Tim the Commission unanimously voted all in favor to write a letter of support for the $100,000. application before the Community Preservation Committee for Grow Northampton noting that from a Conservation perspection, agriculture is valuable to gardeners and is valuable to the entire community from an open space perspective. 3.5:20 P.M, Notice of Intent for tree removal within a bordering vegetated wetland. MassDOT District 2 HQ, 811 North King Street, Map ID 8-11, DEP File 246-648. Robert Natario, MassDOT District 2 HG represented the project. Mark reviewed the tree removal and tree planting plan. The Commission discussed the location of new plantings, maintenance of the area and bordering vegetative wetlands. Mark noted that he would like to continue the same mowing pattern as before to avoid any possible site distance and highway safety issues. 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 Lisa the Commission voted all in favor to issue an Order of Conditions with standard conditions; approving the work as proposed including removal of willow trees and replanting with species as specified. Additional conditions as follows: No machinery or heavy equipment shall be operated within the BVW. If felled trees cannot be removed from the BVW from outside the resource area, the felled trees shall be left to decompose. All wood chips shall be taken off-site within one day of chipping. No mowing shall take place within the BVW to the west of the water line. Mowing within thirty feet of the highway ramp road shoulder is allowed. 4.Appointment of member and alternate to Channel Markers Committee. Lisa offered to continue as an alternate member to the Committee. Appointment of Commission member was postponed. 5.Review of changes to Wetlands Ordinance. Downey reviewed changes to the wetlands ordinances with the Commission. Members received the final amendment version. 6.All other business. The Commission reviewed the forest cutting plan for 395 N. Farms Rd. Meeting Adjourned: Motion By: Second By: Unanimous: 7:05 p.m. Kevin Lisa All in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. March 10th, 2011 Members Present Time Kevin Lake, Chair Lisa Fusco Mason Maronn x Susan Carbin x Downey Meyer x left Valerie Vignaux x Tim Parshall x Staff Present Time Sarah LaValley x Aleta DeLisle Meeting Opened At: By: 5:05 p.m. Mason (acting chair) Minutes Approved: Motion By: Second By: Unanimous: None Downey Mason All in favor Order of Business 5:00 P.M, Request for Certificate of Compliance, Lynne Wallace. 110 Cardinal Way. Parcel 36-305, DEP File 246-633 Lynne Wallace provided an overview of the project. The house was constructed as proposed. Boulders were placed as required by the Commission, except for those which would have required tree removal and excavation. Sarah noted that this change was approved by staff during the pre-construction visit. Sue moved to issue a complete certificate, seconded by Valerie. The motion carried unanimously. 5:10 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 Applicant requests that the hearing be continued, with no discussion, until May 12, 2011 at 5:10 pm. Sue moved to continue the hearing until May 12, 2011 at 5:10 pm in the City Hall hearing room, seconded by Tim. The motion carried unanimously Possible generic NOI for conservation area maintenance and improvements Sarah informed the Commission that staff has been considering preparing a generic notice of intent for improvements to conservation areas. A generic Order, similar to the generic order DPW has for work around the city, could allow boardwalks, trail maintenance, invasives removal, and other projects without the need for additional permits. This would be an Order issued to the Commission. The Commission agreed that a generic NOI would be helpful, and that it should also include work done by the Broad Brook Coalition and other groups. Downey provided an overview of the amendments to the Wetlands Ordinance passed by City Council in February. 5:30 P.M. Continuation: Deborah Koch, Notice of Intent for an addition in the Manhan riverfront area, and buffer zone to BVW. 140 Loudville Road, Map ID 48- 6. DEP File 246-644 Emily Stockman provided an overview of the project, noting some changes that have occurred from plans considered during the hearing last fall. Original plans included an expansion of the driveway to accommodate a planning board condition that the driveway hold two cars. Other solutions are being sought that would take place only in the Westhampton portion of the property, so this expansion has been removed. The shed is now proposed to be relocated from the existing location over the septic system to the north side of the house. The addition is now proposed to extend closer to Milton Brook on the south than originally proposed. A no-mow/no-cut zone is proposed along Milton Brook and the Manhan River, and three invasive shrubs will be removed. Additional mitigation areas will be created where native ground cover and habitat will be created. Deborah provided details about the foundation by referencing an architectural rendering. The addition will be cantilevered. Downey noted that the no-mow/no-cut areas are really no-mow areas by law, but a deed restriction would survive any change to wetlands laws. Emily stated that the 12’ 6” zone proposed was developed due to constraints on the site- any extension would encroach on the septic system, which must be mowed. The gap in the no-mow area along the Manhan was left because there is currently river access and a footpath in that area. Tim asked if it would be possible to create additional planting mitigation areas. Deborah noted that the rest of the site is very steep and planting opportunities are limited. Downey moved to close the hearing, seconded by Sue. The motion carried unanimously. Tim suggested it would be helpful to go through the project in relation to the Ordinance changes. Downey noted that the site does have a lot of disturbance: buildings, concrete steps to the river, etc, so the major issue in this case is not the distance from the resource area but the amount of mitigation provided. The Commission could also add a condition that structures cannot be enlarged beyond the current proposal. Downey suggested that moving the shed does not benefit the resource area, since it is currently on the septic system, which must be mowed. Downey moved to issue an Order of Conditions under the state wetlands protection act and Northampton Wetlands Ordinance, with standard conditions and additional conditions 34-41 seconded by Tim. The motion carried unanimously. Additional conditions as approved are found in the Order. Meeting Adjourned: Motion By: Second By: Unanimous: 6:15 p.m. Mason Tim All in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. March 24, 2011 Members Present Time Kevin Lake, Chair X Lisa Fusco X 6:15 left Mason Maronn X Susan Carbin X Downey Meyer X Valerie Vignaux X Tim Parshall 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: Jan. 13, 2011 Sue Lisa All in favor Regular Session with minor correction; Jan. 13, 2011 Sue Lisa All in favor Exec. Session; March 10, 2011 Sue Lisa All in favor Order of Business: 5:05 PM: 1. Notice of Intent for removal of non-native invasive species within a riverfront area, bordering vegetated wetland and buffer zone. Frederick Mackler, 395 North Farms Road. Map ID 07-14, DEP File 246-649. Michael Barry, Baystate Forestry Service represented the project. Mike described the project and location of invasive species noting they would like to remove the non-native invasive species and protect and promote the native shrubs existing there. Mike stated it would be a three year removal project followed by a monitoring stage. The Commission discussed the project including the type of material that would be used for eradication. Upon motion by Downey and second by Sue the Commission voted all in favor to close the hearing. Upon motion by Tim and second by Mason the Commission voted all in favor under the Mass. Wetlands Protection Act to issue an Order of Conditions with standard conditions #1-33 and additional conditions #34-38 with condition # 36 modified as follows: Mowing prohibited. Hand cutting and stem painting (with herbicides) only are allowed in the BVW. Foliar application requires additional review. Upon motion by Downey and second by Mason the Commission voted all in favor under the local wetlands protection act to issue an Order of Conditions with standard conditions #1-33 and additional conditions #34-38 and modifying condition #36 the same as noted above. 5:30 PM: 2. Notice of Intent for construction of a septic system with an associated concrete block wall and parking area, razing of a garage and construction of a new garage and associated concrete block wall and storage area, within the buffer zone to bordering vegetated wetland. Frank Fournier, 492 Easthampton Road. Map ID 44-43, DEP File 246-647. Frank Fournier and Tim Maginnis represented the project. Frank reviewed the project th and work previously addressed at the Dec. 9, 2010 Commission meeting. The Commission discussed the project including options for proposed 3:1 mitigation if project is allowed within 10 feet of the bordering vegetated wetland. Tim Maginnis presented a planting list for along the bike path. The Commission recommended that the applicant return to the Commission with mitigation options for the Commission to review. Upon motion by Sue and second by Valerie the Commission voted all in favor to continue the th hearing until April 14 @5:10 p.m. 6:15 PM: 3. Notice of Intent for construction of two office facility buildings, parking, associated stormwater management system and other site improvements within bordering land subject to flooding. Atwood Partners, 1 Atwood Drive. Map IDs 39-59 through 39-63 and 46-14, DEP File 246-645. Brian Huntley, Tighe & Bond and Melissa Coady, Wetland Scientist represented the project. Brian gave a presentation of the project reviewing the history, site overview and stormwater design. Brian noted that DPW has issued the stormwater permit and approval has also been received by the Planning Board. Melissa reviewed the compensatory flood storage and wildlife habitat. Sarah reviewed the flood storage calculations. Brian reviewed the method used in arriving at the calculations. The Commission discussed the project including bioretention areas, wildlife habitat and maintenance for stormwater areas. Upon motion by Downey and second by Sue the Commission voted all in favor to close the hearing. Upon motion by Mason and second by Sue the Commission voted all in favor to issue an Order of Conditions with standard conditions #1-33 plus conditions #34-36 and adding condition #37 for stormwater areas. All other business: Sarah distributed the subdivision plan for Kensington Estates. Kevin updated the Commission on beaver activity at the Barrett St. marsh area. Sarah noted an upcoming City meeting that will be held regarding beavers. Sarah noted that the Planning Dept. will be submitting a NOI to install a boardwalk at Mineral Hills Conservation area. The Commission discussed having set guidelines for invasive species removal. Sarah will draft guidelines. Kevin discussed a column that was published in the Gazette regarding wetland ordinance changes. The Commission will respond with a letter. Meeting Adjourned: Motion By: Second By: Unanimous: 7:30 p.m. Sue Valerie All in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. April 14, 2011 Members Present Time Kevin Lake, Chair x Lisa Fusco x Mason Maronn x Susan Carbin x Downey Meyer x 6:00 left Valerie Vignaux x 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: 02/24/2011 with Sue Downey All in favor minor correction 03/24/2011 Sue Valerie All in favor Order of Business: 5:10 P.M. 1. Continuation: Notice of Intent for construction of a septic system with an associated concrete block wall and parking area, razing of a garage and construction of a new garage and associated concrete block wall and storage area, within the buffer zone to bordering vegetated wetland. Frank Fournier, 492 Easthampton Road. Map ID 44-43, DEP File 246-647. Frank Fournier and Tim Maginnis represented the project. Tim presented a plan to the Commission and reviewed the location and type of plant species for mitigation of the project. The Commission discussed the location of snow storage on the site and also recommended placement of a berm to avoid any spills in the BVW area. Upon motion by Sue and second by Mason the Commission voted all in favor to close the hearing. The Commission discussed conditions to the project. Upon motion by Downey and second by Sue the Commission voted all in favor to issue an Order of Conditions with standard conditions #1-33, and additional conditions requiring that an earthen berm be constructed to keep any possibly contaminated runoff from entering the wetland, snow storage away from the resource area, submittal and approval of an invasive species removal plan and planting plan, and that plantings be proven successful for five years. 5:45 P.M. 2. Notice of Intent for dredging of Willow Pond. Project includes impacts to bank, land under water, bordering land subject to flooding, riverfront area (Mill River), and buffer zone to bordering vegetated wetland. Frank Newhall Look Board of Trustees - Look Park. 300 North Main Street, Florence. Map ID 16A-002, DEP File 246-646. The applicant has requested that the hearing be continued, with no discussion, until May 12, 2011 at 5:30 PM. Upon motion by Sue and second by Mason the Commission voted all in favor to continue the hearing until May 12, 2011 @ 5:30 p.m. Other Business: The Commission reviewed the letter drafted by the Chair correcting a previous published column in the Gazette regarding wetland regulations. The Commission agreed to send it on behalf of the Commission. Sarah reviewed the Kensington Estates subdivision that will be reviewed by the Planning Board and asked for Commissioner comments. The Commission will send a letter to the Planning Board requesting that the applicant submit a Request for Determination to the Commission. Sarah received an email from the Board of Health regarding a resident seeing beavers in the Barrett St. Marsh area. The Commission took no action as there was no pending problem. Kevin noted neighbors on south side of bikepath have been having some flooding issues. Sarah noted that a neighborhood meeting was held, and the neighborhood and city are working with Joe Curran to deal with beaver problems on his property. Sarah received a letter from a homeowner on 11 Marc Circle regarding a fence. Sarah will follow up. The Commission received a copy of a DEP water quality certification for bridge replacement. Sarah received a public notice from the Army Corps of Engineers soliciting comments for Willow Pond dredging. Sarah reviewed a letter from Attorney Patrick Melnick representing Angela Plassmann, Fair St. Ext. regarding a complaint of a trailer type structure on her property in the floodplain. Sarah recommended that the Commission postpone any action until the Building Inspector resolves pending issues. The Commission agreed. 6:30 P.M. 3. Notice of Intent for installation of a pedestrian boardwalk, removal of invasive species, and trail clearing. Project will take place within bordering vegetated wetland and buffer zones. Northampton Office of Planning and Development. Sylvester Road - Mineral Hills Conservation Area. Map ID 34-02. DEP File 246-650. Sarah gave a presentation of the project. Sarah stated that a grant from DCR Community Forest Stewardship has been received for the project. Sarah reviewed the type of crossing and discussed invasive species control. Sarah reviewed DEP comments. Kevin questioned area of trails that will be cleared. The Commission discussed the project. Upon motion by Sue and second by Valerie the Commission voted all in favor to close the Hearing. The Commission discussed conditions. Upon motion by Kevin and second by Lisa the Commission voted all in favor to issue an Order of Conditions with standard conditions #1-33 and additional conditions #34 that no herbicide be used for invasive species control in the BVW unless required for effective removal. Additional condition #35 that a removal plan must be provided to the Commission before the start of work. Additional condition #36 that boardwalks must be checked immediately following snowmelt to ensure that no obstructions exist. 4. Request for Certificate of Compliance, Tiger Press, c/o Reza Shafii. 155 Industrial Drive. Parcel 18D-60, DEP File 246-501. Sarah reviewed the Certificate of Compliance for Tiger Press stating that she visited the site and phases of work are complete and that the detention basin is clean and functioning. A continuing condition is to let the Commission know after yearly sweeping and stormwater structure maintenance has been done. Upon motion by Mason and second by Sue the Commission voted all in favor to issue a Certificate of Compliance. Meeting Adjourned: Motion By: Second By: Unanimous: 6:50 p.m. Sue Valerie All in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. May 12, 2011 Members Present Time Kevin Lake, Chair x Lisa Fusco Mason Maronn x Susan Carbin Downey Meyer x 6:35 left Valerie Vignaux Tim Parshall x 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: April 14, 2011 Downey Mason All in favor Order of Business: 1.5:10 P.M. 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 has requested that the hearing be continued, with no discussion, until July 14, 2011 at 5:30 PM. Upon motion by Downey and second by Tim the Commission th, voted all in favor to continue the hearing until July 142011 @ 5:30 p.m. 2.5:10 P.M. Request for Determination of Applicability to determine whether construction of an addition is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. Thomas Kelly, 25 Clement Street, Florence, Map ID 30A-088. Tom Kelly reviewed the project. Sarah noted that the project is out of the floodplain. The Commission discussed the project including the limit of work line and the location of silt fence. Elise Starr, 37 Clement Street, asked about the footprint of the building and if there was any impact to the restricted zone as shown in the deed. 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 with standard conditions #1-16 and noting that the limit of work line be set by hay bales or silt fence proceeding from the northwest corner of the garage to the back yard until it meets the beginning of the restricted area. Wayne Fieden, Director of Office of Planning & Development appeared before the Commission. Upon motion by Downey and second by Mason the Commission voted all in favor by roll call vote to enter into executive session at 5:25 p.m. for the purpose of land acquisition. Upon motion by Downey and second by Mason the Commission voted all in favor by roll call vote to adjourn executive session and return to regular session at 5:42 p.m. 3. 5:30 P.M. Notice of Intent for dredging of Willow Pond. Project includes impacts to bank, land under water, bordering land subject to flooding, riverfront area (Mill River), and buffer zone to bordering vegetated wetland. Frank Newhall Look Board of Trustees - Look Park, 300 North Main Street, Florence, Map ID 16A-002, DEP File 246- 646. Upon motion by Downey and second by Tim the Commission voted all in favor to th continue the Hearing until June 9 @ 5:15 p.m. 4.Request for Certificate of Compliance, James Dimos, 305 Westhampton Road, Parcel 36-155, DEP File 246-527. Sarah reviewed plans with the Commission and noted that she had visited the site and conditions have been met. Upon motion by Mason and second by Downey the Commission voted all in favor to issue a Certificate of Compliance. 5.Informal discussion - possible driveway, Chesterfield Road. Jeff Squire of Berkshire Design informally discussed the feasibility of creating building lots on an area of Chesterfield Rd. Jeff stated that he’s discussed the matter with the Senior Land Use Planner and Fire Department as well. The Commission reviewed issues including an intermittent stream, building location, drainage and slope stabilization. 6.Cardinal Way reptile and amphibian crossing. Joanne Montgomery, Diane Braun and Mark Bromley appeared before the Commission and discussed concerns about reptile and amphibian deaths from not being able to climb over the height of the curbs on Cardinal Way when crossing. Joanne noted her past conversations with the DPW and stated that the road width didn’t allow them to soften the slope of the curb. Downey suggested channeling the turtles by way of fencing to an area where there could be a lower curb. Downey suggested that they speak with DPW to apply for CPA funding. Tim suggested signage to slow traffic. Mark discussed the possibility that the remaining silt fencing could be affecting where the turtles are crossing. The Commission discussed looking at the OOC and Certificate of Compliance regarding the silt fencing. The Commission agreed that the neighborhood group remove silt fencing on conservation property and can ask owners for their permission to remove fencing on remaining property if need be. Tim suggested that if they present a plan the Commission can review any opportunities available to help resolve the issue. Kevin noted that the Commission will stay aware of the matter when reviewing future development. 7. Staff-Issued Permits and Sign-offs: a.Septic Plan - 861 Florence Road Sarah stated that she signed off on a septic plan for 861 Florence Rd. as there were no wetlands on the property. b. Emergency Permit - Hatfield Street Sarah stated that she issued an Emergency Certification to DPW for emergency work in the riverfront area and BVW on Hatfield Street. Sarah showed the Commission a picture of the damage that had occurred. 8. Review of Mail Sarah stated that she received a letter from Kensington Estates saying that they’re not interested in appearing before the Conservation Commission as the project is out of the 100’ buffer. Meeting Adjourned: Motion By: Second By: Unanimous: 7:00 p.m. Mason Tim All in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. May 12, 2011 – Executive Session Members Present Time Kevin Lake, Chair x Lisa Fusco Mason Maronn x Susan Carbin Downey Meyer x Valerie Vignaux Tim Parshall x Staff Present Time Sarah LaValley x Aleta DeLisle x Meeting Opened At: By: 5:25 p.m. Kevin Minutes Approved: Motion By: Second By: Unanimous: n/a Upon motion by Downey and second by Mason the Commission voted all in favor by roll call vote to enter into executive session at 5:25 p.m. for the purpose of land acquisition. Wayne Feiden, Director, Office of Planning & Development appeared before the Commission and briefly reviewed prior conservation commission land acquisitions. Wayne discussed the current potential to acquire three parcels of land that would connect the areas to the Mineral Hills Conservation Area and Turkey Hill. Wayne noted that a State LAND grant is due in July that would provide funding for 66% of the acquisitions. The three parcels are as follows: 1. Assessor Map 20 Parcel 003; 90 acres on Chesterfield Rd. 2. A parcel in Westhampton Map ID 16-35; 24 acres on Chesterfield Rd. 3. Assessor Map 34 Parcel 035; 5.8 acres on Turkey Hill Rd. Wayne stated a total of $605,000 would be made available for the first two parcels and $131,400. for the third parcel. Upon motion by Downey and second by Mason the Commission voted all in favor to support the proposed acquisition of the three parcels. Upon motion by Downey and second by Mason the Commission voted all in favor by roll call vote to adjourn executive session and return to regular session at 5:42 p.m. Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. June 9, 2011 Members Present Time Kevin Lake, Chair x Lisa Fusco Mason Maronn x Susan Carbin x Downey Meyer x 6:55 left Valerie Vignaux x Tim Parshall x Staff Present Time Sarah LaValley x Aleta DeLisle x Meeting Opened At: By: 6:00 p.m. Kevin Minutes Approved: Motion By: Second By: Unanimous: May 12, 2011 Sue Downey All in favor regular session May 12, 2011 Downey Sue All in favor executive session Order of Business: 6:00 PM Continuation: Notice of Intent for dredging of Willow Pond. Project includes impacts to bank, land under water, bordering land subject to flooding, riverfront area (Mill River), and buffer zone to bordering vegetated wetland. Frank Newhall Look Board of Trustees - Look Park. 300 North Main Street, Florence. Map ID 16A-002, DEP File 246-646. (Originally continued to 5:15) The applicant has requested that the hearing be continued, with no discussion, until June 23, 2011 at 5:15 PM. Upon motion by Sue and second by Downey the Commission rd voted all in favor to continue the hearing until June 23, 2011 at 5:15 p.m. 6:10 PM - Presentation - Look Park Toxics Use Reduction Institute Grant Bernadette Giblin, Safe Ground Land Care, gave a presentation to the Commission regarding organic pest management and stated that she received a grant to fund an organic pest management project at Frank Newhall Look Memorial Park specifically the Pines Theater area. Bernadette discussed educating people about the hazards of pesticides and reviewed statistics on pesticide use. Downey suggested that she speak with someone about toxic use reduction at the newly acquired agricultural and recreational fields on Spring Street in Florence. 6:30 PM: Notice of Intent for a deck and improvements to a single family home within the Riverfront area to the Manhan River and Protected Zone. Luekens, 50 Loudville Road, Map ID 41-010, DEP File 246-651. Deborah and Jeff Luekens represented the project. Deborah described the proposed project including addition of a deck, expansion of the front entryway and removal of three sheds. The Commission discussed with the applicant options for mitigation, restoration and limit of work line. The Commission and applicant agreed that a permanent no-mow/no-cut area should be created on the southern side of the property, instead of along the northern side as proposed, as this area will be easier to layout on the ground and in the deed. Upon motion by Downey and second by Sue 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 under the Northampton Wetland Ordinance and the Wetlands Protection Act with standard conditions 1-33, and additional conditions #34, 35, 36 & 37 to create a permanent no mow/no cut area, restrict construction material storage to the front of the house and require erosion control between the house and garage. 6:50 PM: Request for Determination of Applicability to determine whether pavement replacement within the riverfront area is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. Fairway Village Condo Assoc. 455 Spring Street, Leeds. Map ID 16A-020. Gloria McPherson represented the project. Gloria described the pavement replacement project and presented a plan showing the riverfront area and area of work. Gloria stated that an erosion control barrier would be put in place. Kevin Quinn, Board Member of Fairway Village stated that the condition of the road has deteriorated. Upon motion by Kevin and second by Sue the Commission voted all in favor to close the hearing. Upon motion by Sue and second by Valerie the Commission voted all in favor to issue a Negative Determination of Applicability by Checking Box 2. Other Business: The Chair discussed his recent training on Massachusetts Open Meeting Laws with the Commission. Summer Schedule: thth The Commission will meet July 14 and August 18 for their summer schedule. Sarah discussed the Kensington Estates project stating that the Planning Board has asked for recommendations from the Commission. Sarah noted as part of their application to the Planning Board Lots 1A, 2A and 3A are proposed to be donated to the Conservation Commission to create lot size reduction. Sarah noted that there’s a planned drainage diversion earthen berm on part of the lots, very close to the buffer zone boundary, and recommended against accepting the donation. The Commission discussed the planned drainage berm and close distance to the wetlands buffer. Upon motion by Mason and second by Valerie the Commission voted all in favor to recommend to the planning board that the lots not be accepted as part of the subdivision. Sarah stated that the boardwalk has been installed at Mineral Hills. Sarah discussed doing a site visit for Pan Am’s Request for Determination for spraying herbicides that was previously filed. Mason and Tim volunteered to do a site visit. Meeting Adjourned: Motion By: Second By: Unanimous: 7:32 p.m. Sue Valerie All in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. July 14, 2011 Members Present Time Kevin Lake, Chair x Lisa Fusco x 5:40 PM Mason Maronn x Susan Carbin x Downey Meyer x Left, 6:50 Valerie Vignaux x Tim Parshall x 5:15 PM Staff Present Time Sarah LaValley x Aleta DeLisle Meeting Opened At: By: 5:00 p.m. Kevin Minutes Approved: Motion By: Second By: Unanimous: Order of Business: Public Comment There was no public comment. 5:15 PM Continuation: Notice of Intent for dredging of Willow Pond. Project includes impacts to bank, land under water, bordering land subject to flooding, riverfront area (Mill River), and buffer zone to bordering vegetated wetland. Frank Newhall Look Board of Trustees - Look Park. 300 North Main Street, Florence. Map ID 16A-002, DEP File 246-646. Tony Zerilli, Weston and Sampson provided an overview of the project, which includes the dredging of Willow Pond and deposition of its sediments to create recreation fields in an existing disturbed area. Gary Metras, Trout unlimited expressed concerns about the project’s impact on fisheries. Mason asked about plans to move the fish. Tony replied that the Pond will be dewatered and most fish will leave. A pool will form and the rest can be moved manually. The Department of Fisheries and Wildlife did not have concerns with this approach. Tony noted that a gabion wall with decking is proposed where access to the Pond will be provided. Original plans also included a large riprap area. In response to comments, this has been changed to a larger area of brush cuttings. The field was initially proposed to be created within the 50 foot Protected Zone at the Recycle Area. In response to comments this has been moved outside the Protected Zone, and a permanent barrier will be created. Kevin noted that the Recycle Area has been used as a storage area and is clearly disturbed, but the Family Recreational Area is a meadow. Tony noted that this was created by sediment removed from the Pond during the dredging in the 1980’s, is comprised of fill, and does not have wetland characteristics. Mason noted that work at the Recreational Area is proposed within the Protected Area. The Commission noted this work should be limited to the area that is disturbed. The Commission discussed DEP’s comments. Tony noted that these were made on much earlier versions of the plans, and that changes have been made to address the concerns. Tony noted that a Water Quality Certification has been applied for, and is currently in progress. Sarah read a comment letter from Dick Carnes (filed with permit materials) expressing concern about dumping within BVW and buffer at the Recycle Area. The Commission agreed that historic dumping should be addressed during this project with conditions. Kevin suggested that addition of a cleanout area in the Pond may be helpful to allow for maintenance without a complete dredging. Mason moved to close the hearing, seconded by Downey. The motion carried unanimously. The Commission discussed conditions, including access through the existing gravel road at the Family Recreation area, staking work boundaries, the need for a complete revised planset, and conditions suggested by staff. Mason moved to issue an Order of Conditions under the Wetlands Protection Act and Northampton Wetlands Ordinance, including standard conditions 1-33 and additional conditions 34-44, Seconded by Downey. The motion carried unanimously. 5:30 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 Sue moved to continue the hearing until October 13, 2011, at 5:30 PM. Seconded by Valerie. The motion carried unanimously. Request for Certificate of Compliance, Sweet Meadow Properties/Art Pichette. 64 Reservoir Road, Leeds. Parcel IDs 10B-051 and 10D-038, DEP File 246-585. Sarah noted that a partial certificate was issued last year, since the wetlands replication was not complete. It is now complete. Sue moved to issue a certificate, seconded by Mason. The motion carried unanimously. August Meeting Date The August meeting date was set for August 25. 6:15 PM Request for Determination of Applicability for resource area boundary delineation. Pan Am Railways Rights of Way. The Commission reviewed the RDA plans, noting that the area from the Easthampton line to Oxbow Road appears to be within ten feet of wetlands, according to the definition provided in pesticide regulations, and should be labeled a no-spray zone. Mason moved to issue a determination that boundaries are not confirmed, by checking box 2b, seconded by Tim. The motion carried unanimously. 6:30 PM Notice of Intent for utility pole replacement and relocation within the Riverfront area to the Mill River and Protected Zone. Massachusetts Electric Company, River Road Right of Way, Leeds. DEP File 246-652. Simon Hilton, Tighe and Bond, presented an overview of the project. Pole relocation is needed due to the replacement of the River Road Bridge. Sue moved to close the hearing, seconded by Lisa. The motion carried unanimously. Mason moved to issue an Order under the WPA and Northampton Wetlands Ordinance, with conditions as recommended by staff. Seconded by Downey. The motion carried unanimously. 6:50 PM Request for Determination of Applicability to determine whether site work within the buffer zone to wetlands associated with construction of four single family homes is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. Agora Homes and Development. Laurel Street. Map ID 38A-102. Toby Millman, Agora Homes, David Coyne, Beth Murphy from MassDevelopment, and Jeff Squire, Berkshire Design, represented the project. Jeff presented an overview, noting that four single family homes will be constructed, with minimal site work occurring in the buffer. A detention basin for the Kollmorgen building is located off the property on the Kollmorgen site, and the wetland on the property is isolated. The Commission suggested that permanent marking at the edge of the 50-foor Protected Zone be required. Sarah suggested that the Ordinance exempts all the provisions over and above state law except for the reduced setback requirement, and 337-10E2 b. Since the state law does not apply, placing a marker at 50 feet would be arbitrary if a negative determination is issued, but a marker could be placed at ten feet. The Commission discussed this. It was suggested that since the plans may not provide mitigation measures, the zone could still be 50 feet. Mason moved to issue a negative determination, with standard conditions, seconded by Valerie. The motion carried, 3-2. 7:15 PM Request for Determination of Applicability to determine whether site work within the buffer zone to wetlands associated with construction of a monopole tower is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. AT&T, David Vivian. Haydenville Road. Map ID 11-002. John Greeves, Clough Harbor, provided an overview of the project, which will include installation of a subsurface electrical line within an existing gravel road. A subsequent NOI will be submitted for improvements to the roadway. Sue moved to close the hearing, seconded by Tim. The motion carried unanimously. Sue moved to issue a negative determination, with standard conditions, also confirming resource area boundaries. Seconded by Mason. The motion carried unanimously. 7:40 PM Notice of Intent for construction of a bike trail extension and access driveway within bordering land subject to flooding; Mill River. Northampton Recreation Department, Meadow and Spring Streets. Map ID 22B-067. Carlos Nieto, Berkshire Design Group, presented an overview of the project. Mason moved to close the hearing, seconded by Sue. The motion carried unanimously. Sue moved to issue an Order with standard conditions, seconded by Mason. The motion carried unanimously. Other Business: Grow Food Northampton Community Gardens Sarah distributed a letter from GFN describing the activities planned at the Community Gardens. The parcel is under an Agricultural Preservation Restriction, and since the work proposed is agricultural in nature, it is provided some exemptions under the WPA. Downey suggested that an RDA be filed so that the Commission can formally make this decision Meeting Adjourned: Motion By: Second By: Unanimous: 7:50 p.m. Tim Valerie All in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. August 25, 2011 Members Present Time Kevin Lake, Chair x Lisa Fusco x Mason Maronn x Susan Carbin x Downey Meyer x 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: June 9, 2011 Sue Downey All in favor Order of Business: 5:05 PM Request for Determination of Applicability to determine whether construction of a shed and related improvements is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. Roger D. Benoit, 942 Park Hill Road. Map ID 49-19. Roger Benoit represented and reviewed the project. The Commission discussed the project. Sarah noted that the construction of a shed is exempt from the wetlands protection act and is not within the floodplain. Upon motion by Sue and second by Downey the Commission voted all in favor to close the hearing. Upon motion by Mason and second by Sue the Commission voted all in favor to issue a Negative Determination of Applicability by Checking Box 2 with standard conditions #1-11 and installation of a silt fence at the edge of the water. 5:30 PM Notice of Intent for construction of a residential driveway within bordering vegetated wetlands, buffer zone, and Protected Zone. Patrick Melnik, Chesterfield Road, Map ID 15B-01 . DEP File 246-655. Pat Melnik, Jr. and Jeff Squire, Berkshire Design Group represented the project. Pat reviewed the project to construct a driveway. Jeff reviewed plans including the location of house and driveway, the existing culvert and stated that they need to maintain 10% grade on roadway for emergency vehicles. Jeff stated that the plan being presented appears to be the best layout for limited disturbance. The Commission discussed the proximity and impact to the wetlands and disturbance of tree cutting and whether there were other options that had less impact on the wetlands. In discussing other options, Pat Melnik, Sr. stated to the Commission that the whole hillside is rough rock and ledge. Joe Misterka, proponent of the project, stated that the present plan has the least amount of damage and that blasting through the rock and ledge to get the grade would be worse. Downey stated his concern regarding salt being used on the driveway close to the wetlands. The Commission discussed the disturbance of the project. Kevin stated that the project area can’t be classified as degraded. The Commission reviewed the recently amended wetland regulations. Kevin stated that if the Commission were to approve the plan they would need to determine that in no way can the applicant access the property except as designed/presented. Pat Melnik, Sr. stated that they sacrificed building two other lots to lessen the impact of disturbance and stated that the present plan was the best option. Jeff stated that after trying other options that the present plan was the least amount of disturbance. Upon motion by Downey and second by Mason the Commission voted all in favor to close the hearing. The Commission discussed the impact of the project and whether there were other alternatives. Upon motion by Downey and second by Sue the Commission voted all in favor to re-open the hearing. Upon motion by Kevin and second by Lisa the Commission voted all in favor to continue the hearing until September 8, 2011 @ 6:15 p.m. for additional information and with plans showing the 50’ protection zone line. Request for Certificate of Compliance, Garson Fields/Berkshire Electric Cable Company. 118 River Road, Leeds. Map ID 05-28 and 10D-038, DEP File 246-600. Upon motion by Downey and second by Sue the Commission voted all in favor to issue a Certificate of Compliance by checking the box stating that it’s an invalid Certificate of Compliance. Request for Emergency Certification, Richard Brazeau, Massachusetts Department of Conservation and Recreation. Damon Road, Norwottuck Rail Trail. Sarah stated that she issued an Emergency Certification to remove the tree that was hanging over the Norwottuck Rail Trail Bridge. Review of Staff-Issued Permits and Sign-offs Sarah noted that she signed off on a planned septic system at Laurel Park. Meeting Adjourned: Motion By: Second By: Unanimous: 6:55 p.m. Mason Lisa All in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. October 13, 2011 Members Present Time Kevin Lake, Chair X Lisa Fusco X 5:15 arrive Mason Maronn X Susan Carbin Downey Meyer X 6:30 left Valerie Vignaux X Tim Parshall X 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: September 8, 2011 Downey Valerie All in favor July 14, 2011 Mason Valerie All in favor Order of Business: 5:00 PMContinuation: - Notice of Intent for construction of a residential driveway within bordering vegetated wetlands, buffer zone, and Protected Zone. Patrick Melnik, Chesterfield Road, Map ID 15B-01, DEP File 246-655. Mark Darnold, Berkshire Design and Pat Melnik, Jr. represented the project. Mark reviewed the alternative plans that were submitted to the Commission as well as their preferred plan highlighting work within the buffer zone and impact of disturbance. Mark noted that the alternative plans submitted were 40% complete and doesn’t show drainage. The Commission reviewed the plans for the least impact of disturbance and whether it was a limited project. Downey stated why he wanted more information on Alternative Plan #3 with a stream crossing further west and offered a motion, seconded by Lisa to continue the hearing in order for the applicant to prove why Alternative Plan #3 is not feasible. The motion failed: in favor-2; opposed-2 (Mason and Kevin). Upon motion by Lisa and second by Downey the Commission voted all in favor to close the hearing. Kevin discussed reasons he believes Alternative Plan #3 is not a reasonable alternative. Downey stated his concern of impact overtime on the entire length of the wetlands for the preferred plan. Mason stated the area is already disturbed due to the existing road. Downey stated it was a footpath. Kevin and Mason discussed why they believe that the applicant’s preferred plan submitted was the only alternative and is a limited project. Tim has no voting rights on this hearing but stated that he wouldn’t consider it a limited project. Val has no voting rights on this hearing but stated that she didn’t think the burden of proof was met by the applicant and there was no alternative plan suggesting re-location of the house. Downey stated conditions would need to be in place if the Commission approved the project. Upon motion by Mason and second by Downey and the Commission voted all in favor to issue an Order of Conditions with standard conditions # 1-33 and additional conditions addressing culvert cleaning, vegetated buffers, permanent markers along the driveway, prohibitions of paving and salting, an a statement that future wetlands crossings will not be considered limited projects. 5:05 PMRequest for Determination of Applicability to determine whether boundaries of a resource area is delineated accurately, and whether the area is subject to the Northampton Wetlands Ordinance or Massachusetts Wetlands Protection Act. Northampton DPW, 155 Locust Street, Map ID 23B-13. Nicole Sanford, DPW, represented the project noting that it was first delineated back in 2004 and there is just one area of wetland. The Commission reviewed the project. Upon motion by Mason and second by Lisa the Commission voted all in favor to close the hearing and issue a Determination of Applicability by Checking Box 6 and Checking Box 2A. 5:30 PMContinuation: - 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 until November 10, 2011, at 5:00 PM. Upon motion by Tim and second by Lisa the Commission voted all in favor to continue the hearing until November 10, 2011 at 5:10 p.m. 5:30 PMAbbreviated Notice of Resource Area Delineation. Northampton DPW - Off Bradford Street, Map IDs 25A 184, 187, 189, and 45. Nicole Sanford, DPW, represented the project. Nicole reviewed plans with the Commission and noted that on sheet 1 of 2 the delineation done near the existing bikepath was already approved as part of the Bradford Street Pump Station . A resident at 66 Bradford St. asked about a letter he received by DPW regarding water pressure. The Commission reviewed the project. Upon motion by Lisa and second by Valerie the Commission voted all in favor to issue an Order of Resource Area Delineation by Checking the BVW box. Riverside Drive: Nicole Sanford, DPW stated that on Riverside Drive near Maine’s Field there’s an existing culvert which a portion has collapsed and is looking for an Emergency Certification for just a portion of one side. Nicole questioned whether this would would be under their generic Order of Conditions. The Chairman authorized Sarah to issue an Emergency Certification if it’s not. Approval of Acquisitions and CR's: Old Springfield Road Acquisition: Sarah stated that the City is looking to buy 50% interest in four parcels in the Meadows (a total of 15 acres) and would like authority to purchase the remaining 50% at a later date. Upon motion by Mason and second by Lisa the Commission voted all in favor to accept. Kestrel Trust Stewardship: Sarah stated that Kestrel Trust Stewardship will hold the Conservation Restriction for many conservation properties. Upon motion by Kevin and second by Lisa the Commission voted all in favor to accept the CR partnership. Orders in Progress: Atwood Drive Medical Office Building Change: Sarah received a request for change for Atwood Drive compensatory storage and noted that the Order of Conditions has already been issued. She stated that the applicant has increased the size of the building slightly so there would be additional fill noting there’s still excess flood storage on the site. Upon motion by Mason and second by Lisa the Commission voted all in favor to accept the change. Sylvester Road Path Plan, Ashley Schaffer: Maggie Leonard, Paradise City Design and Ashley Schaffer appeared before the Commission. Maggie submitted a detailed drawing of the footpath noting that 24”x36” rocks would be placed in the area. Kevin noted that rock height should be at least 18” above grade. The Commission agreed that no more mowing would take place in that area and space in between rocks should be 18”. Upon motion by Mason and second by Lisa the Commission voted all in favor to accept the plan submitted by the applicant. All other business not foreseen when agenda was published: Tim discussed an informative brochure available entitled, “Land Owner Guide to Manage Invasive Species.” Kevin discussed a Conn. River Watershed book he received from Trust for Public Lands. Meeting Adjourned: Motion By: Second By: Unanimous: 7:15 p.m. Kevin Valerie All in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. October 27, 2011 Members Present Time Kevin Lake, Chair X Lisa Fusco Mason Maronn Susan Carbin X Downey Meyer Valerie Vignaux X Tim Parshall X 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: Order of Business: 5:00 PM Request for Determination of Applicability to determine whether replacement of a concrete drainage headwall with riprap slope is subject to the Northampton Wetlands Ordinance or Massachusetts Wetlands Protection Act. Hathaway Farms Townhomes, 73 Barrett Street, Map ID 24B-79. Mark Darnold, Berkshire Design represented the project stating that the headwall is ready to fall and discussed repair work. Mark noted that he is not concerned with erosion before or after construction. Upon motion by Valerie and second by Sue the Commission voted all in favor to close the hearing. Upon motion by Sue and second by Tim the Commission voted all in favor to issue a Positive Determination of Applicability by Checking Box 3 and Box 5, as the headwall is located within a resource area, and alteration is likely. Kevin stated that a Notice of Intent will be required for the project. Site Visit and Construction Meeting Procedures: The Commission discussed scheduling of site visits and it was agreed that Sarah would continue to let the Commission know about scheduled site visits and poll members when there are upcoming larger projects. Conservation Area Tours: Sarah discussed initiating conservation area tours with the Commission and will email the Commission area maps. Kevin discussed the feasibility of using interns to clear trails, put up kiosks and the like. Sarah will check into this. Review of Mail: The Commission received a copy of the water quality certificate to dredge Willow Pond. Review of Staff-Issued Permits and Sign-offs: Sarah issued an Emergency Certificate for damaged tree removal at Paradise Pond. All other business not foreseen when agenda was published: Tim will let the Commission know when the Meadows Area Coalition group is meeting. The Commission discussed the Laurie Sanders Report on Rediscovering Northampton. Meeting Adjourned: Motion By: Second By: Unanimous: 6:40 p.m. Sue Tim All in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. November 10, 2011 Members Present Time Kevin Lake, Chair X Lisa Fusco X Mason Maronn Susan Carbin Downey Meyer Valerie Vignaux X Tim Parshall X 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: October 27, 2011 Tim Val All in favor October 13, 2011 Tim Val All in favor with minor correction 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 requested a continuation, with no discussion, until January, 12, 2012, at 5:00 p.m. Upon motion by Valerie and second by Lisa the Commission voted all in favor to continue the hearing until January 12, 2012 at 5:00 p.m. Request for Certificate of Compliance, Kollmorgen Electro Optical. 50 Prince Street, Map IDs 38A-99 and 102. Sarah noted that the applicant asked to have this taken up at the next meeting when the as-built plans will be completed. Request for Certificate of Compliance, Cooley Dickinson Hospital. Locust Street and Hospital Way, Map ID 23B-47. DEP File 246-549. Kevin disclosed that he’s on the Board of Trustees for Cooley Dickinson Hospital but is not involved with either project. John Furman,VHB, reviewed the plans and work completed for the parking lot improvements project and construction of the wood chip boiler. Sarah noted that as-built plans were submitted and that the construction and silt fencing needs to be removed and that some detention basins looked like they needed to be cleaned. John will remove the fencing and speak with Scott Johnson about cleaning the detention basins. Upon motion by Valerie and second by Lisa the Commission voted all in favor to issue a Certificate of Compliance with the condition that the construction and silt fence be removed. Request for Certificate of Compliance, Cooley Dickinson Hospital. 30 Locust Street. Map ID 23B-47. DEP File 246-569. John Furman,VHB, reviewed the work done. Sarah noted that as-built plans were submitted and that the project was completed as designed. Upon motion by Lisa and second by Valerie the Commission voted all in favor to issue a Certificate of Compliance. 5:30 PM Request for Determination of Applicability to determine whether retaining wall work within riverfront area and buffer zone to BVW is subject to the Wetlands Ordinance or Massachusetts Wetlands Protection Act. Zantouliadis, 517 Westhampton Road. Map ID 36-122. Dimitrios Zantouliadis represented the project. Sarah noted that an Order of Conditions was issued in 2003 for a single family house. Dimitrios stated that the retaining wall was getting weak and needed to be replaced. Upon motion by Tim and second by Valerie the Commission voted all in favor to issue a Negative Determination of Applicability by Checking Box 2 with standard conditions #1-11. Condition #2 shall be changed to read, “Prior to the initiation of any work, the applicant shall establish the limit of work line by installing silt fencing around the wall at the ‘Erosion Control Fence’ location indicated on plans submitted with the prior Notice of Intent. And, by Checking Box 5 that the project is exempt under the Wetlands Protection Act since it is work associated with a single family home farther than 50 feet away from wetlands and riverbank. Also, the open th meadow behind the limit of work line may only be mown after August 15 and that mowing of that area must not take place at any other time of the year, which was a continuing condition of the 2003 Order. Wayne Feiden, Director of Planning & Development reviewed the progress of pending land acquisitions noting the following: -There is no news on the grant for land acquisition at Mineral Hills; -The City has made an offer to acquire additional land owned by the Girl Scouts of Western MA on Haydenville Rd.; -The land swap of the Sullivan property on Morningside Drive is waiting for legal approval; -The Boat House off Damon Rd. at the Lane Construction site is moving ahead and the City has received a state grant for $100,000 for design costs; -There is discussion of options to purchase a parcel of land on Ventures Field Rd.; -The City is working to get an APR on property opposite the Hampshire County Jail. The Commission voted all in favor by roll call vote to enter into Executive Session at 6:07 p.m. to discuss land acquisition. By roll call vote, the Commission voted all in favor to adjourn Executive Session and return to Regular Session at 6:40 p.m. All other business not foreseen when agenda was published: Sarah noted that a new farmer will be farming the Bleiman parcel. Part of the parcel not farmed will be mowed annually. A beekeeper will also maintain bees on that parcel. th Sarah noted that a site visit will be held on Wed. Nov. 17 @ 9:00 a.m. for wetlands delineation at 94 Industrial Drive. Sarah stated that the Community Preservation Act is still in effect. Meeting Adjourned: Motion By: Second By: Unanimous: 6:42 p.m. Lisa Val All in favor Minutes – Executive Session Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. November 10, 2011 Members Present Time Kevin Lake, Chair X Lisa Fusco X Mason Maronn Susan Carbin Downey Meyer Valerie Vignaux X Tim Parshall X Staff Present Time Sarah LaValley X Aleta DeLisle X Order of Business: The Commission voted all in favor by roll call vote to enter into Executive Session at 6:07 p.m. to discuss land acquisition. Wayne Feiden, Director, Office of Planning & Development discussed with the Commission the following potential land acquisitions: 1) Wayne stated that an offer of $150,000. was made for approximately seventy acres of land and building value opposite the jail with frontage on Rte. 66 and a tiny bit of frontage on Rte. 10 where the bike path crosses. The purchase would be subject to building a trail that would connect with the existing ones. Wayne stated that the CPA grant will fund a portion of this. 2) Wayne stated that a future offer was explored for the Tofino Property located off Burts Pit Rd. Wayne discussed the vernal pools and wildlife habitat on the property. The Commission agreed that the parcel has ecological value, but is not a high priority acquisition because it is isolated and development value seems limited. Wayne stated that the area would potentially tie into the bike path as well. 3) Wayne stated that an offer has been made of $140,000-$145,000 for seventy acres of backland on the Kubasek property near Fitzgerald Lake Conservation area. 4) Wayne stated that an offer has been made on buying land in fee for $500./ac. for approx. $20,000. for 36 acres for the Laizer property near Fitzgerald Lake and explored an offer on an additional parcel of property by the same owner. 5) Wayne stated that an offer was explored for property currently owned by Wayne Thibault near Fitzgerald Lake. By roll call vote, the Commission voted all in favor to adjourn Executive Session and return to Regular Session at 6:40 p.m. Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. December 8, 2011 Members Present Time Kevin Lake, Chair X Lisa Fusco Mason Maronn X Susan Carbin Downey Meyer X Valerie Vignaux Tim Parshall X 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: Nov. 10, 2011 Downey Tim All in favor Order of Business: 5:00 P.M. Request for Certificate of Compliance, Kollmorgen Electro Optical, 50 Prince Street, Map Ids 38A-99 and 102. Daniel Rukakoski, Kollmorgen Electro Optical and Jay Viamari, Tighe & Bond represented the project. Dan stated that work has been completed as according to plans including the berm which he stated is working fine. Dan stated that he will monitor invasive species mid to late June. Upon motion by Tim and second by Downey the Commission voted all in favor to issue a Partial Certificate of Compliance noting that work is complete but invasive species monitoring and removal is not yet complete, and must continue for two years. 5:15 PM Request for Determination of Applicability to determine whether wetland boundaries are accurately delineated, and whether the area is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. Soldier On, North Main Street, Leeds (VA Hospital). Map ID 11-01. Bob Fournier, S-K Design Group, Inc. represented the project. Bob stated that plans for the future include a Veterans housing complex and confirmation of wetland boundaries is sought. Sarah noted that a site visit was conducted and the subject area lacks any wetland characteristics. Rather than confirming the off-site boundaries, Sarah recommended that the Commission find that the subject area is not subject to protection under the Act. 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 accept staff recommendations and issue a Negative Determination of Applicability by checking Box 1 5:25 PM Request for Determination of Applicability to determine whether construction of community gardens and associated site improvements are subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. Grow Food Northampton, Meadow Street and Spring Street. Map ID 22B-011. Jono Neiger, Regenerative Design Group and Adele Franks, Grow Food Northampton represented the project and discussed activities proposed including invasive species removal in the riverfront, installation of driveway and well and creation of community garden plots in bordering land subject to flooding. The parcel is subject to an Agricultural Preservation Restriction. 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 5 to indicate that the activities proposed meet the definition of agriculture. 5:40 PM Abbreviated Notice of Resource Area Delineation. Masonic Health Systems of Massachusetts, 22 River Road, Leeds. Map 05, Lots 001, 002 and 032. Jay Viamari and Jessica Roberts of Tighe & Bond represented the project. Jessica reviewed changes included on ANRAD plan sheet 3. Sarah noted that a site visit was conducted with Jessica. Sarah suggested that due to the large size of the site, the Commission confirm the boundaries shown, but not the absence of additional resource areas. The Commission agreed that this would not preclude the applicant from designing a project , and that no Upon motion by Tim and second by Downey 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 an ORAD by checking Box 1A. 6:00 PM Notice of Intent for construction of two self-storage buildings and related stormwater improvements within the buffer zone to bordering vegetated wetlands. Robert T. Foote Jr., 94 Industrial Drive. Map ID 25A-182 . DEP File 246-658. Mark Reed, Heritage Surveys represented the project. Mark reviewed conditions of the existing site and two new proposed buildings. Mark noted that a bioretention area has been added, to achieve the TSS removal standard. The bioretention area will discharge into a smaller grass detention area. Sarah noted that a stormwater permit is not needed from DPW, as the project will disturb less than one acre. DPW recommended that stormwater calculations should indicate that the basins will empty fully within 72 hours after a ten-year storm. A low-level outlet pipe has been added to the basin to achieve this. The Commission stated that the O&M will need to address cleaning, and also expressed concern that it would function as intended. Mark stated that it could. Mason suggested installing a basket to help prevent clogging at the pipe inlet. Mark suggested adding peastone to prevent the pipe from being clogged. Mark reviewed the existing drainage on the site. The Commission discussed mitigation areas. Mark stated that the applicant proposes three buffer zone mitigation areas at Bldg. 10 and plantings proposed for bioretention areas, to comply with the Ordinance and receive a reduced 10-foot Protected Zone. He also stated that they would clean up railroad ties on the site and use them to stabilize the area. 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 Tim, the Commission voted all in favor to issue an Order of Conditions with the conditions recommended by staff, as well as additional conditions to provide a detail of the outlet pipe, and review and approval of the O&M. Emergency Certification Request: Hathaway Farms Townhomes, 73 Barrett Street. Map ID 24B-79. The Commission discussed an emergency certification request for a headwall replacement at Hathaway Farms. The Commission issued a positive determination in November, to indicate that the work would impact a resource area. Absent any new information, the Commission did not issue an emergency certification. Forest Cutting Plan, Chesterfield Road: The Commission received a forest cutting plan for a parcel on Chesterfield Road that was the subject of an Order of Conditions for a driveway installation. The Commission was concerned that some of the logging could overlap with the creation of the driveway, and could constitute a change of use. Sarah will contact the DCR service forester. American Rivers/NOAA River Restoration Grant Application: Sarah stated that the Planning Department is applying for a grant to investigate the possibility of removing or altering the South Street Dam structure over the Mill River to allow fish passage. The Commission was supportive of the project. EPA Urban Waters Small Grant Application: No discussion Land Acquisition Update: Sarah stated that the City expects to close next week on the Sullivan property on Morningside Drive that was approved for acquisition last year. Review of Staff-Issued Permits and Sign-offs: None All other business not foreseen when agenda was published: None The meeting adjourned at 7:10 p.m.