Loading...
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.