2001 Conservation Commission Executive Session Minutes-RELEASED
Northampton Conservation Commission
Minutes of Executive Session
March 15, 2001
The Northampton Conservation Commission held a meeting on Thursday, March 15,
2001 at 6:00 P.M. in Hearing Room 18, City Hall, 210 Main Street, Northampton,
Massachusetts.
Present were Members: Chair C. Mason Maronn, Joanne Montgomery, William Rosen,
and Jim Kaplan.
At 6:12 P.M., Maronn opened the meeting.
Maronn announced that the first item on the Agenda necessitated an Executive Session to
discuss the litigation process with Valley Aggregates.
Maronn, Montgomery, Rosen, and Kaplan all agreeing affirmatively to enter an
Executive Session by roll-call vote.
Minutes of Executive Session
Maronn read a confidential memorandum dated March 13, 2001 from City Solicitor,
Janet Sheppard, Esq. He asked the members if they had received the letter from Attorney
Souweine that is referred to in Attorney Sheppard’s memo.
Members confirmed that they had.
Misch stated that according to Janet Sheppard, there is no need for clarification of the
current Enforcement Order against Valley Aggregates. She said that there should be no
blasting until the conditions in the Enforcement Order have been met.
Rosen asked for clarification regarding the conditions.
Misch read the Enforcement Order to the Commission highlighting page 2 of the Order.
Misch said that there should be no blasting without first completing the conditions listed
in the Enforcement Order.
2
Rosen asked Misch to again clarify the conditions of the Enforcement Order.
Misch explained that she has a revised Enforcement Order that will replace the existing
Enforcement Order dated October 2, 2000. She told the members of the Board that a
revised order was needed so that the Commission can have clear and specific dates for
which the conditions must be met.
Rosen asked if the buffer tags will be in place and if the mitigation will be done to the
Commission’s satisfaction. In addition, he asked the members their thoughts regarding
what should be said to Valley Aggregates when the issue of blasting and work is brought
up and/or if they ask what authority the Commission has to keep them from blasting?
Misch said that the Commission needs to have the drainage issues defined for storm
water calculations prior to resuming work. She stated that April 10, 2001 is the date of
inspection of the markers. Misch clarified that permanent tags must be in place, and in
fact, she believes Valley Aggregates could have the tags available during the site
inspection.
Rosen said that the Commission should have the calculations.
Misch said she believes Attorney Souweine is concerned that the Commission will go to
the site and see something that they can add to the Enforcement Order. She told the
members that Souweine does not like the language “all inclusive”.
Maronn suggested that the Commission just order another Enforcement Order if they
find something else out on the site that they are concerned with.
Rosen asked if Valley Aggregates completes everything in the Enforcement Order, could
they resume work on the site?
Montgomery stated that she did not think that the Commission should feel pressured in
giving any date to Valley Aggregates at this time.
Maronn told the members that they would just be discussing the Enforcement Order
tonight. He did not want to discuss anything else in regards to Valley Aggregates.
Lastly, he stated that he is not going to change the language of the Enforcement Order.
At 6:29 P.M., Maronn, Montgomery, Rosen, and Kaplan all agreed affirmatively by
roll-call vote to end the Executive Session.
Northampton Conservation Commission
Minutes of Executive Session
October 25, 2001
The Northampton Conservation Commission held a meeting on Thursday, October 25,
2001 at 9:05 P.M. in Hearing Room 18, City Hall, 210 Main Street, Northampton,
Massachusetts.
Present were members: Chair C. Mason Maronn, Joanne Montgomery, Mike Reed,
Susan Carbin and John Body.
At 9:07 P.M., Maronn opened the meeting.
Maronn announced that they would be entering Executive Session for the purpose of
discussing land acquisition.
Maronn, Reed, Montgomery, Body and Carbin all agreeing affirmatively to enter an
Executive Session by roll-call vote.
Misch explained that Wayne Feiden annually applies for self-help grant money for land
acquisition for conservation areas. Misch said that there is an additional grant
opportunity available and Wayne is requesting that the Commission approve three
different parcels of land. Misch explained that there are two possibilities in the Saw Mill
Hills area but the lot lines are not quite clear as of yet. The third parcel is located
adjacent from the Fitzgerald Lake conservation area.
Misch explained that Feiden would like the Commission to grant approval so that he can
pursue whatever property is more feasible for him to go after.
Montgomery asked if Feiden was going to pursue one or several pieces of property.
Misch explained that it depends on whatever amount of money is available in order to
maximize as much land as possible.
Reed moved to approve that Feiden apply for the self-help grant money in order
pursue the parcels of land discussed. Carbin seconded. The motion passed
unanimously.
At 9:22 P.M., Maronn , Montgomery, Reed, Body and Carbin all agreed
affirmatively by roll-call vote to end the Executive Session.