10-005 Lower Roberts Meadow ConservationN%W -1 .
ALMER HUNTLEY, JR. & ASSOCIATES, INC.
SURVEYORS - ENGINEERS - LANDSCAPE ARCHITECTS
30 INDUSTRIAL DRIVE EAST / P.O. Box 568 / NORTHAMPTON, MASS. 01061
(413) 584 -7444 FAX (413) 586 -9159
Northampton Conservation Commission
City Hall
Northampton, MA 01060
Dear Commissioners:
September 24, 1990
ALMER HUNTLEY, JR., PE., PLS
DOUGLAS W. THOMPSON, PLS
WILLIAM R. GARRITY, LA
STEPHEN J. DEMSKI, PE
PAUL R. LUSSIER, PLS
r
P , rte r
RE: DEP #246 -129
Lower Roberts Meadow
Recreation Area
Leeds, Massachusetts
On behalf of the Board of Public Works, we respectfully request that the
Commission issue a Certificate of Compliance for the above — referenced project
at your earliest convenience. All work has been completed at the reservoir and
all special conditions set by the Commission in their order dated March 5, 1985
have been met except for the following:
8 The design of the outf all for the reservoir was amended such that the
Ll existing 24" pipe was left in place. This was done so that the integrety
of the dam would be left intact. As such, the existing outfall remained in
place. During construction of the project, the Northampton D.P.W. did
alter the outlet when it was discovered that one of the existing gate
valves was inoperative. As can be seen at the site, the existing stone
wall was removed and the outlet pipe is now completely submerged. When
this pipe does flow, the water bubbles upwards before heading down stream
making energy dissipators unnecessary. (This gate was open almost the
entire summer and no erosion and /or scouring of the channel was observed.)
;;,9. During construction, it was observed that unless the Middle Reservoir was
drawn down and the dam's gate closed, the 12" outlet could not drain the
Lower Reservoir. Therefore, it would not be possible to draw down the
Lower Reservoir with Middle Reservoir full and running over the spillway,
as is its normal operating configuration. Even, if the Middle Reservoir is
drawn down and the gate is left open, the volume of water entering the
lower reservoir exceeds the capacity of the 12" pipe.
10. The tarzan rope swing on the north side of the Lower dam catwalk was
removed prior to the start of construction. During the past three summers,
the area in question has revegetated to such an extent that the plantings
that were scheduled for this location were used across the street at the
auxiliary parking lot for bank stabilization.
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We are available at your convenience to view the site and answer any questions
the commission may have. Thank you for your time and consideration.
Very truly yours,
ALMER HUNTLEY, JR. & ASSOCIATES, INC.
Grego Nicol
Proje t anager
Lands ca Architecture Division
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ALMER HUNTLEY, JR., & ASSOCIATES, INC.
SURVEYORS - ENGINEERS - LANDSCAPE ARCHITECTS
1.01-
310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING
C . 10.99: Forms
Form 1
DEQE File No.
.,�...� (To be provided by DEQE)
Commonwealth city /Town Northampton, M A.
L of Massachusetts Applicant Jeffrey and Dia na Gordon
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131 §40
1. I, the undersigned - hereby request that the Northampton
Conservation Commission make a determination as to whether the area, described below, or work to
be performed on said area, also described below, is subject to the jurisdiction of the Wetlands
Protection Act, G.L c. 131, §40.
2. The area is described as follows. (Use maps or plans, if necessary, to provide a description and the
location of the area subject to this request.)
311 Kennedy Road
Northampton, MA.
See "Sketch of Land in Northampton, Massachusetts Prepared
for Jeff Gordon & Diana Gordon" prepared by Almer Huntley,
Jr. & Associates, Inc., dated October 10, 1988, Scale: 1" = 200',
which is attached herewith.
3. The work in said area is described below. (Use additional paper, if necessary, to describe the
proposedwork.) The applicants have signed a purchase and sale agreement
to buy this property. The plan to construct a wooden fence to
enclose pasture land for horses. At this time they have one horse
and may keep more horses on the property in the future. Their
plans also include enlarging existing fields to provide adequate
pastures, which may involve some tree clearance. Fencing for and
pasturing of horses is exempt from applicable wetlands regulations.
The Wetlands Protection Act, G.L.c. 131, Section 40, "shall not
apply... to work performed for normal maintenance or iprovement of
land in agricultural use." The Wetlands Regulations, 310 C.M.R.
10.04 "Agriculture" (b)(2), define that phrase to include "the
pasturing of animals, including the construction and maintenance
of such fences as may be required." The proposed use and fence
contruation is thus permitted by the Wetlands Act and the Commission
should so rule. See also Steege v. Board of Appeals of Stow 26
Mass. App. Ct. 970 (1988)1-1 (keeping and pasturing of horses is an
agricultural use).
10/16/87 (Effective 11/1/87) 310 CMR - 280.9
*mo
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4. The owner(s) of the area, if not the person making this request, has been given written notification of this
request on October 14, 1988 (date)
The name(s) and address(es) of the owner(s):
Joseph c. bickinson
Nancy W. Dickinson
311 Kennedy Goad
Leeds, Massachusetts
:i. I have filed a complete copy of this request with the appropriate regional office of the Massachusetts
Department of Environmental Quality Engineering on October 1 4 , 1988 ( date)
Metro Boston /Northeast
38 Commerce Way
Woburn, MA 01801
Central
15B Grove Street
Worcester, MA 01605
Southeast
Lakeville Hospital
Lakeville, MA 02346
Western
State House West. 4th Floor
436 Dwight Street
Springfield, MA 01103
S. i understand that notification of this request will be placed in a local newspaper at my expense in accor-
dance with Section 10.05(3) (b)1 of the regulations by the Conservation Commission and that I will be
billed accordingly.
Bart J. Gordon
Signature Name Attorney for Jeffrey and D iana Gordon
Address Bulkley, Richardson and Gelinas Tel. (4131 7R1 _ ?R ?n
1500 Main Street, Suite 2700
Springfield, MA. 01115
1 -2
`%W- -
Ellin
310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING
I 10.99: Forms
Form 1
DEOE File No.
ITo be provided by DEOE)
Commonwealth
Cit Northampton, M A.
1 of Massachusetts Applicant Jeffrey and Dia na Gordon
`C� jr
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131 §40
1. [.the undersigned - hereby request that the Northampton
Conservation Commission make a determination as to whether the area, described below, or work to
be performed on said area, also described below, is subject to the jurisdiction of the Wetlands
Protection Act, G.L c. 131, §40.
2. The area is described as follows. (Use maps or plans, if necessary, to provide a description and the
location of the area subject to this request.)
311 Kennedy Road
Northampton, MA.
See "Sketch of Land in Northampton, Massachusetts Prepared
for Jeff Gordon & Diana Gordon" prepared by Almer Huntley,
Jr. & Associates, Inc., dated October 10, 1988, Scale: 1" = 200',
which is attached herewith.
3. The work in said area is described below. (Use additional paper, if necessary. to describe the
proposedwork.) The applicants have signed a purchase and sale agreement
to buy this property. The plan to construct a wooden fence to
enclose pasture land for horses. At this time they have one horse
and may keep more horses on the property in the future. Their
plans also include enlarging existing fields to provide adequate
pastures, which may involve some tree clearance. Fencing for and
pasturing of horses is exempt from applicable wetlands regulations.
The Wetlands Protection Act, G.L.c. 131, Section 40, "shall not
apply... to work performed for normal maintenance or iprovement of
land in agricultural use." The Wetlands Regulations, 310 C.M.R.
10.04 "Agriculture" (b)(2), define that phrase to include "the
pasturing of animals, including the construction and maintenance
of such fences as may be required." The proposed use and fence
contruation is thus permitted by the Wetlands Act and the Commission
should so rule. See also Steege v. Board of Appeals of Stow 26
Mass. App. Ct. 970 (1988)1-1 (keeping and pasturing of horses is an
agricultural use).
10/16/87 (Effective 11/1/87) 310 CMR - 280.9
\■.
4. The owner(s) of the area, if not the person making this request, has been given written notification of this
request on October 14, 1 988 (date)
The name(s) and address(es) of the owner(s):
Joseph c.- bickinson
Nancy W. Dickinson
311 Kennedy Road
Leeds, Massachusetts
5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts
Department of Environmental Quality Engineering on October 1 4 , 1988 ( date)
Metro Boston/ Northeast
38 Commerce Way
Woburn, MA 01801
Central
15B Grove Street
Worcester, MA 01605
Southeast
Lakeville Hospital
Lakeville, MA 02346
Western
State House West, 4th Floor
436 Dwight Street
Springfield, MA 01103
6.. 1 understand that notification of this requestwill be placed in a local newspaper at my expense in accor-
dance with Section 10.05(3) (b) 1 of the regulations by the Conservation Commission and that I will be
billed accordingly.
Bart J. Gordon
Signature Name Attorney for Jeffrey and n iana Gordon
Address Bulkley, Richardson and Gelinas Tel ( 41 3) 7R1 _9R ?n
1500 Main Street, Suite 2700
Springfield, MA. 01115
1 -2
'w.i
sww
310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING
C . 10.99• Forms
Form 1
DEOE File No.
ITo be provided by DEQE)
' Commonwealth city/Town Northampton, M A.
of Massachusetts Applicant Jeff re and Diana Gordon
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131 §40
1. I, the undersigned - hereby request that the _ Northampton
Conservation Commission make a determination as to whether the area, described below, or work to
be performed on said area, also described below, is subject to the jurisdiction of the Wetlands
Protection Act, G.L c. 131, §40.
2. The area is described as follows. (Use maps or plans, if necessary, to provide a description and the
location of the area subject to this request.)
311 Kennedy Road
Northampton, MA.
See "Sketch of Land in Northampton, Massachusetts Prepared
for Jeff Gordon & Diana Gordon" prepared by Almer Huntley,
Jr. & Associates, Inc., dated October 10, 1988, Scale: 1" = 200',
which is attached herewith.
3. The work in said area is described below. (Use additional paper, it necessary, to describe the
proposedwork.) The applicants have signed a purchase and sale agreement
to buy this property. The plan to construct a wooden fence to
enclose pasture land for horses. At this time they have one horse
and may keep more horses on the property in the future. Their
plans also include enlarging existing fields to provide adequate
pastures, which may involve some tree clearance. Fencing for and
pasturing of horses is exempt from applicable wetlands regulations.
The Wetlands Protection Act, G.L.c. 131, Section 40, "shall not
apply... to work performed for normal maintenance or iprovement of
land in agricultural use." The Wetlands Regulations, 310 C.M.R.
10.04 "Agriculture" (b)(2), define that phrase to include "the
pasturing of animals, including the construction and maintenance
of such fences as may be required." The proposed use and fence
contruction is thus permitted by the Wetlands Act and the Commission
should so rule. See also Steege v. Board of Appeals of Stow 26
Mass. App. Ct. 970 (1988) 1-1 (keeping and pasturing of horses is an
agricultural use).
10/16/87 (Effective 11/1/87) 310 CMR - 280.9
i
r Form 2
a Commonwealth
j of Massachusetts
DEQE File No.
(To tie provided by DEQE)
City/Town Northampton
Applicant Gordon
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From Northampton Conservation Commission Issuing Authority
To Jeffrey & Diana Gordon Joseph & Nancy Dickenson
(Name of person making request) (Name of property owner)
Address Bardwell's Ferry.Conway.MA Address 311 Kennedy Rd. ,Northampton,MA
* Project Site
This determination is issued and delivered as follows:.
0 by hand delivery to person making request on (date)
13 by certified mail, return receipt requested on 11/2/88 (date)
Pursuant to the authority of G.L. C. 131, §40, the Nnrtham= ton ConnPrvati on Commi Gsi on
has considered your request for a Determination of Applicability and its supporting documentation, and has
made the following determination (check whichever is applicable):
This Determination is positive:
1. The area described below, which includes all/part of the area described in your request, is an Area
Subject to Protection Under the Act. Therefore, any removing, filling, dredging or altering of that
area requires the filing of a Notice of Intent.
2:. Q The work described below, which includes all/part of the work described in your request, is within
an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area There-
fore, said work requirw thefiling of a Notice of Intent.
2 -1
Effective 11/11/87
3. ❑ The work described below, which includes all/part of the work described in your request, is within
the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under
the Act. Therefore, said work requires the filing of a Notice of Intent.
This Determination is negative:
1. ❑ - The area described in your request is not an Area Subject to Protection Under the Act.
2. ❑ The work described in your request is within an Area Subject to Protection Under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
3. ❑ The work described in your request is within the Buffer Zone, as defined in the regulations, but will
not alter an Area Subject to Protection Under the Act. Therefore, said work does not require the
filing of a Notice of Intent.
4. CR The area described in your request is Subject to Protection Under the Act, but since the work
described therein meets the requirements for the following exemption,as specified in the Act and
the regulations, no Notice of Intent is required: Agricultural Exemption ( for the er ection
of the stable fence only)
Issued by Northampton Conservation Commission
Signature(s) '
This Determination must be signed by a majority of the Conservation Commission.
On this ' ` rl-x day of a c4 ti 19 f _ , before me
personally appeared RA 1 1 2 - 11 F n, r� c Ir , to me known to be the
person described in, and who executed, the foregoing instrument, and acknowledged that he /she executed
the same as his/her free act and deed.
- 6aA-t .w._ 10
Notary Public g0`" + ? • Go ~ d tm M commission expires
Y xp
This Determination does not relieve the applicant from complying with all other applicable federal, state or local statutes, ordinances,
by -laws or regulations. This Determination shall be valid for three years form the date of issuance.
The applicant, the owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed
work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the
Department of Environmental Quality Engineering to issue a Superseding Determination of Applicability, providing the request is made
by certified mail or hand delivery to the Department within ten days from the date of issuance of this Determination. A copy of the request
shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant.
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310 CMR: DEPARTMENT OF ENVIRONMEN RING
10.99: Forms ± p E D — 51988 DEC
OFFICE OF PL�'r`�' < a pFi ~EGA
Form
t DEOE File No.
(To be provided by DEOE)
Commonwealth
Cit _ Northampton
s of Massachusetts App Jeffrey and Di ana Gordon
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
1. I, the undersigned - hereby request thatthe _ Northampton
Conservation Commission make a determination as to whether the area, described below, or work to
be performed on said area, also described below, is subject to the jurisdiction of the Wetlands
Protection Act, G.L c. 191, §40.
2. The area is described as follows. (Use maps or plans, if necessary, to provide a description and the
location of the area subject to this request)
311 Kennedy Road
Northampton, MA.
See "Sketch of Land in Northampton, Massachusetts Prepared
for Jeff Gordon & Diana Gordon" prepared by Almer Huntley,
Jr. & Associates, Inc., dated October 10, 1988, Scale: 1" = 200',
submitted to Conservation Commission on or about October 15, 1988
with respect to prior request for determination.
3. The work in said area is described below. (Use additional paper, it necessary, to describe the
proposed work.)
On October 24, 1988, the applicants received a negative determination
for the erection of a five foot high wooden horse fence to enclose
pasture land for horses. At the hearing before the Commission
Joseph Dickinson and George Adams testified to the agricultural
use of the property for three of the past five years. A notarized
statement of Mr. Dickinson is submitted herewith. A letter from
Mr. Adams is also enclosed.
The applicants purchased the property on November 7, 1988.
Pursuant to the Commission's request, they now seek a negative
determination regarding tree and brush clearance within the
fenced area based on the agricultural exemption of G.L.c. 131,
Section 40 and 310 C.M.R. 10.04 ( "agriculture ").
10/16/87 (Effective 11/1/87) 310 CMR - 280.9
1 4MI0 11 , '
310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING
10.99: continued
4. The owner(s) of the area, if not the person making this request, has been given written notification of this
request on nP . PmhP r 2, 1988 (date)
The name(s) and address(es) of the owner(s):
Jeffrey and Diana Gordon
Bardwell's Ferry Road
Conway, MA. 01341
5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts
Department of Environmental Quality Engineering on December 2 , 1 988 (date)
Metro Boston/ Northeast
38 Commerce Way
Woburn, MA 01801
Southeast
Lakeville Hospital
Lakeville, MA 02346
Central
15B Grove Street
Worcester, MA 01605
Western
State Housci Vast, 4th Floor
436 Dwight Street
Springfield, MA 0.11 �3
6. 1 understand that notification of this request will be placed in a local newspaper at my expense in accor-
dance with Section 10.05(3) (b) 1 of the regulations by the Conservation Commission and that I will be
billed accordingly.
Bart J. Gordon
Signature - �r Name Attorney for Jeffrey and Diana
Gordon
Address Bulkley, Richardson and Gelinas Tel. (41 3) 781-282
1500 Main Street, Suite 2700
Springfield, MA. 01115
1 -2
10/16/87 (Effective 11/1/87) 310 CMR - 280.10