Conservation Commission Minutes 2010
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
January 14, 2010
Members Present Time
Kevin Lake, Chair X
Lisa Fusco
Mason Maronn X
Susan Carbin X
Downey Meyer X
Valerie Vignaux X
Tim Parshall X
Staff Present Time
Sarah LaValley X
Aleta DeLisle X
Meeting Opened At: By:
5:07 P.M. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
Order of Business:
The Chair introduced Sarah LaValley, the new Conservation, Preservation and Land Use
Planner and new member Tim Parshall. Later, members reviewed their backgrounds and
experience with the Commission.
5:00 PM
Public Hearing: Coca-Cola, 45 Industrial Drive, Notice of Intent
for a new grass berm and fence and drainage improvements in the buffer to a
bordering vegetated wetland.
Chris Harmon, Project Mgr., Hixson, Inc.; Stelios Guiatuss, Project Mgr., Coca-Cola,
Corp., Jerry Goodsell, Plant Engineer, Coca-Cola; Steve Guyer, Sr. Site Engineer,
Hixson, Inc.; Troy Sandlin, Sr. Project Architect, Hixson, Inc. represented the project.
Steve Guyer discussed the project and provided a slide presentation. The Commission
reviewed the project including the distance of work to the wetland, location of fence and
drainage. Upon motion by Sue and second by Mason the Commission voted all in favor
to close the hearing. Upon motion by Sue and second by Downey the Commission voted
all in favor to issue an Order of Conditions with standard conditions #1-32 and noted that
an as-built plan is not required.
Request for a Certificate of Compliance, City of Northampton, for
Norwottuck Rail Trail in Leeds (two sections: Look Park to Florence Street,
Florence Street to Grove Avenue).
Kevin stated that Wayne Feiden noted that work was done in accordance with the plans
with the exception of two changes that were field approved by Bruce Young. Sue visited
the site and said she didn’t see any problems. Upon motion by Sue and second by
Valerie the Commission voted all in favor to issue the Certificate of Compliance.
Request for a Certificate of Compliance, Amy and Paul Serio, 439
Haydenville Road.
Kevin stated that Wayne Feiden noted that the project was complete in accordance with
the Order of Conditions. Downey discussed whether the applicant would be recording
the restriction with the deed. Kevin questioned the absence of an as-built plan. Upon
motion by Downey and second by Sue the Commission voted all in favor to continue
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voting on the Certificate of Compliance until January 28 so additional information could
be obtained.
Request for a Certificate of Compliance, James Demos, 140 Fair Street
Extension.
Kevin stated that Wayne Feiden noted that the project was complete in accordance with
the Order of Conditions. Upon motion by Downey and second by Sue the Commission
voted all in favor to issue a Certificate of Compliance.
Request for a Certificate of Compliance, Sweet Meadows Properties, 64
Reservoir Road, Leeds.
Kevin noted that Wayne Feiden noted that the project was almost complete and
recommended issuing a partial Certificate of Compliance. The Commission discussed
the project and agreed that additional information was needed. Upon motion by Mason
and second by Sue the Commission voted all in favor to continue voting on the
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Certificate of Compliance until January 28.
Any other business:
Kevin updated the Commission on the Bean Farm acquisition and noted that the three
Commissions were working well together and discussed meetings had and the schedule
for upcoming meetings. Kevin noted that a resolution was drafted to the City Council
recommending a combination of uses that would meet minimum requirements for
recreation and agriculture.
Meeting Adjourned: Motion By: Second By: Unanimous:
6:20 p.m. Sue Downey all in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
January 28, 2010
Members Present Time
Kevin Lake, Chair
Lisa Fusco
Mason Maronn x
Susan Carbin
Downey Meyer x
Valerie Vignaux x
Tim Parshall x
Staff Present Time
Sarah LaValley x
Aleta DeLisle x
Meeting Opened At: By:
Upon motion by Valerie and second by
Downey the Commission voted all in favor
to open the meeting at 5:15 p.m.
Minutes Approved: Motion By: Second By: Unanimous:
Tabled until next
meeting.
Order of Business:
Upon motion by Valerie and second by Tim the Commission voted all in favor for
Downey to act as Chair during Kevin’s absence.
5:00 PM
Continuation of Public Hearing: Notice of Intent filed for Three County Fairgrounds for
complete redevelopment of the site. Located at 54 Fair Street, DEP Number 246-635,
Map/Lots 25C-251, 25C-264, 32-001, 32A-249 and 32A-251.
Upon motion by Tim and second by Valerie the hearing was continued until February 25,
2010 @ 6:00 p.m.
5:00 PM
Public Hearing: Notice of Intent filed by Heather Wark for an addition to a single family
home in riverfront located at 145 Vernon Street, DEP File Number 246-637, Map ID
30B-120.
Kerro Frost, New England Environmental represented the project. Kerro presented plans
and described the project including proposing the removal of exotic and invasive species,
installing a rain barrel with drywell, planting eighteen trees for restoration of riverfront
area and seeding the area. The Commission discussed the project. Upon motion by
Mason and second by Valerie the Commission voted all in favor to close the hearing.
Upon motion by Valerie and second by Mason the Commission voted all in favor to issue
an Order of Conditions with standard conditions #1-32. The Commission agreed that an
as-built plan did not need to be submitted. Additional conditions included as follows:
1) The applicant will present a comparison of invasive species occurrence
following mitigation, with a goal of 75% reduction from current baseline levels.
2) The applicant will install rain barrels and a plan showing where drywells are
located.
Continuing conditions of the Certificate of Compliance are rain barrel
maintenance, and prohibition of alterations to the mitigated area.
5:30 PM
Continuation of Public Hearing: Request for Determination of Applicability filed by
Boston and Maine request for mechanical and chemical weed control on and adjacent to
the railroad.
Sarah noted that the RFD has been withdrawn and a new one will be submitted.
5:45 PM
Continuation of Public Hearing: Notice of Intent filed by Smith College for
reconstruction of athletic fields in riverfront at College Lane, DEP File Number 246-638,
Map ID 31C-015.
Upon motion by Downey and second by Valerie the Commission voted all in favor to
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continue the hearing until February 11 at 5:00 p.m. at the applicant’s request.
Request for Certificate of Compliance, Amy and Paul Serio, 439 Haydenville Road.
Postponed until an as-built plan is submitted.
Request for Certificate of Compliance, Sweet Meadows Properties, 64 Reservoir Road,
Leeds.
The Commission discussed the Request for Certificate of Compliance with Wayne
Feiden. Upon motion by Mason and second by Valerie the Commission voted all in
favor to issue a partial Certificate of Compliance noting that replication has not been
completed and to also state this in a cover letter.
Beaver Brook/Broad Brook Conservation Area Management Plan.
Wayne Feiden reviewed the history of the project noting that the self help grant requires a
management plan and noted that a survey doesn’t need to be done since the previous
owner delineated the boundaries. Wayne noted that historically there’s been a
snowmobile trail and Downey opened the hearing to public comment.
Lilly Lombard, Munroe Street, Northampton discussed the pros and cons of snowmobile
use and submitted information regarding the subject to the Commission.
John Andrulus, Haydenville Rd., Leeds, stated his preference to grandfather the existing
trail but not to create any new trails and stated concern about parking areas and
turnarounds.
Mike Baldwin, Burgy Bullets Snowmobile Club, Haydenville discussed upkeep,
permissions and access of trails.
Mr. McCoughlin, Conway, MA stated that he hadn’t noticed any negative impact to tree
health due to snowmobile use.
Mitch Hartley, Country Way, Florence questioned whether the plan addresses
regeneration.
Downey recommended discussing the use at the next meeting due to absence of some
members.
Upon motion by Mason and second by Tim the Commission voted all in favor to adopt
the forest management plan for the Beaver Brook/Broad Brook plan.
Upon motion by Tim and second by Valerie the Commission voted all in favor by roll
call vote at 6:47 p.m. to enter into executive session for land acquisition purposes.
Upon motion by Mason and second by Downey the Commission voted all in favor by roll
call vote to adjourn executive session and return to regular session at 7:32 p.m.
Meeting Adjourned: Motion By: Second By: Unanimous:
7:35 p.m. Downey Valerie all in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
January 28, 2010 - Executive Session
Members Present Time
Kevin Lake, Chair
Lisa Fusco
Mason Maronn x
Susan Carbin
Downey Meyer x
Valerie Vignaux x
Tim Parshall x
Staff Present Time
Sarah LaValley x
Aleta DeLisle x
Meeting Opened At: By:
Upon motion by Tim and second by Valerie
the Commission voted all in favor by roll
call vote at 6:47 p.m. to enter into
executive session for land acquisition
purposes.
Minutes Approved: Motion By: Second By: Unanimous:
n/a
Order of Business:
Wayne Feiden, Director of the Office of Planning and Development updated the
Commission on the following land acquisitions:
1) Wayne discussed negotiations to buy a 25 acre parcel of land for $105,000.00 in
the Sawmill Hills area.
2) The land acquisition for Lane Construction previously approved by the
Commission is moving forward. The City will provide permitting costs.
3) Following a brief discussion given by Wayne the Commission took the following
vote: Upon motion by Valerie and second by Mason the Commission voted all in
favor to accept the donation of the Humphrey lot with the restriction that no home
gets built on it and reserves the rights for the City to swap it with the Sullivan
property on Morningside Drive.
4) Wayne stated that the closing on the Zimmerman property will be next month.
5) Following a brief discussion given by Wayne the Commission took the following
vote: Upon motion by Valerie and second by Mason the Commission voted all in
favor to acquire the Connecticut River/Hatfield town line property from Valley
Land Fund subject to putting a bikepath through.
6) Wayne updated the Commission on the Bean/Allard property and said the City
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has an extension on the purchase and sale agreement until January 30, 2011 or
turn over the deal to Trust Republic Land.
Upon motion by Mason and second by Downey the Commission voted all in favor by roll
call vote to adjourn executive session at 7:32 p.m. and return to regular session.
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
February 11, 2010
Members Present Time
Kevin Lake, Chair x
Lisa Fusco x
Mason Maronn
Susan Carbin x
Downey Meyer x
Valerie Vignaux x
Tim Parshall x
Staff Present Time
Sarah LaValley x
Aleta DeLisle x
Meeting Opened At: By:
5:00 p.m. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
January 28, 2010 Sue Downey all in favor
w/minor correction
January 14, 2010 Sue Valerie all in favor
December 10, 2009 Sue Downey all in favor
November 12, 2009 Sue Downey all in favor
Order of Business:
5:00 PM
Continuation of Public Hearing: Notice of Intent filed by Smith College for
reconstruction of athletic fields in riverfront at College Lane, DEP File Number
246-638, Map ID 31C-015.
John Robinson, Smith College, Bill Seymour, Gale Associates, Nathan Collins, Gale
Associates and Dan Nitzsche, Baystate Environmental represented the project.
Nathan Collins described the project including site access, area of wetlands, perennial
stream and drainage. Nathan noted that they received a letter from Natural Heritage and
Endangered Species Program determining a “No Take” from their office. Dan Nitzsche
discussed mitigation restoration. Lynn Billing, Director of Athletics discussed pedestrian
access. The Commission discussed the project. Upon motion by Sue and second by
Downey the Commission voted all in favor to close the hearing. Upon motion by
Downey and second by Sue the Commission voted to issue the Order of Conditions with
standard conditions #1-33 with an as built plan to be provided, and the following
additional conditions. All in favor – 5; opposed – 1 (Lisa). Additional conditions
include:
1) Performance standard for removal of invasive species of the baseline assessment
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to be provided during the 1 growing season. Follow up treatment during the
next three growing seasons with a target of 75% invasives reduction.
2) Granite posts demarcating the edge of protected areas 3’ in height every 40 feet,
subject to submittal of plan for Commission’s approval.
3) Walkway between mediated area and field itself will be pervious pavers running
from the bridge to the field house, subject to submittal of plan for Commission’s
approval.
4) Install snow fencing while vegetation is being established.
5) The Commission discussed the pros and cons regarding the use of water for
evaporation cooling on the fields. Upon motion by Sue and second by Downey
the Commission voted to accept the condition that the field will not be irrigated
for evaporation cooling. All in favor-5; opposed-1 (Lisa).
6) Planting Plan – Plan to be submitted that includes both canopy species and
understory plantings, subject to Commission approval.
6:00 PM
Beaver Brook/Broad Brook Conservation Area Management Plan.
Sarah opened discussion to determine whether snowmobile use shall be allowed to
continue on the property.
Mike Baldwin, Burgy Bullets described the existing trail that crosses the parcel along
with a stream crossing.
Sarah noted that Lilly Lombard had previously passed out information regarding the
negative effects of snowmobile use at the last meeting and relayed response from Norma
Roche stating her support to continue the use.
Bob Zimmerman, V.P., BroadBrook Coalition stated his agreement with Norma Roche in
keeping with the use and stated the advantage of having someone to keep an eye on the
property.
Lisa asked whether Burgy Bullets maintains the trail. Mike answered yes. Lisa stated
her support of the use.
Deb Jacobs, Grove Ave., Leeds, stated her support for snowmobile use.
The Commission stated their support for continuing the use. Valerie suggested that the
Commission should make a site visit of the bridge crossing. Upon motion by Sue and
second by Downey the Commission voted all in favor to grandfather snowmobile use of
existing trails under the plan subject to the Commission’s site visit of the bridge crossing.
Bob Zimmerman asked whether the Commission has ideas on what they would like
managed under the plan and noted that there is an invasive species plant problem.
Deb Jacobs asked whether Leeds Civic Assoc. could provide a guided hike there per
Wayne Feiden’s suggestion. The Commission stated they could.
Review of Mail.
Sarah reviewed a forest cutting plan at 592 Sylvester Rd.
Meeting Adjourned: Motion By: Second By: Unanimous:
7:00 p.m. Lisa Sue all in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
February 25, 2010
Members Present Time
Kevin Lake, Chair x
Lisa Fusco x
Mason Maronn
Susan Carbin
Downey Meyer x
Valerie Vignaux x
Tim Parshall x
Staff Present Time
Sarah LaValley x
Aleta DeLisle x
Meeting Opened At: By:
5:05 p.m. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
Feb. 11, 2010 with Downey Valerie all in favor
minor change
Jan. 28, 2010 Downey Valerie all in favor
Executive Session
October 22, 2009 Downey Lisa all in favor
Executive Session
Order of Business:
Sarah stated that a stop work order was issued to Smith College for cutting down trees.
Gary Hartwell, Smith College appeared before the Commission and stated after receiving
a letter from the DCR - Office of Dam Safety stating that the dam needed to be brought
into compliance, the tree cutting was to done to stabilize the dam. Gary referred to the
management plan and stated that notification of work was given to Wayne Feiden,
Director, Office of Planning & Development. The Commission discussed the project.
Upon motion by Downey and second by Lisa the Commission voted all in favor in
finding that the activities along the dike were in accordance with the management plan
and agreed to rescind the stop work order.
5:10 PM
Request for Certificate of Compliance, Former P. Allen Landfill. Located at 234
Easthampton Road, DEP Number 246-622, Map/Lot 44-115.
Kevin visted the site and stated that the work appears to be complete and in compliance
with the Order of Conditions. However, due to existing snow coverage the bank will
need to be looked at again in the spring. Upon motion by Kevin and second by Lisa the
Commission voted all in favor to issue a partial Certificate of Compliance excepting
condition #36 pending review of grading and vegetation following snow melt in the
spring. Erosion control should remain in place until a complete certificate has been
issued.
6:00 PM
Continuation of Public Hearing: Notice of Intent filed for Three County Fairgrounds for
complete redevelopment of the site. Located at 54 Fair Street, DEP Number 246-635,
Map/Lots 25C-251, 25C-264, 32-001, 32A-249 and 32A-251.
Sarah noted that the applicant requested a continuation until March 25, 2010 @ 6:00 pm.
All other business:
Sarah visted the Beaverbrook/Broadbrook property and showed pictures of the site.
Sarah recommended that the bridge crossing be cleaned out in the spring and that an
unused bridge be removed. The Commission recommended that Sarah address this in a
letter to the Burgy Bullets.
Meeting Adjourned: Motion By: Second By: Unanimous:
6:15 p.m. Lisa Downey all in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
March 11, 2010
Members Present Time
Kevin Lake, Chair x
Lisa Fusco x
Mason Maronn x
Susan Carbin x
Downey Meyer x
Valerie Vignaux
Tim Parshall x
Staff Present Time
Sarah LaValley x
Aleta DeLisle x
Meeting Opened At: By:
5:05 p.m. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
Feb. 25, 2010 with Downey Sue all in favor
minor change
Order of Business:
5:00 PM
Request for Extension Permit for existing Order of Conditions. Samuel Crescione/Clear
Falls, request for extension of an Order of Conditions at 48 Drury Lane, DEP Number
246-653, Map ID 48-8.
Patrick Melnik, Jr. represented Samuel Crescione, Clear Falls. Patrick gave an overview
of Clear Falls and requested an extension of the existing Order of Conditions in order for
Mr. Crescione to continue maintaining the dam and removing debris to prevent
deterioration of the dam. Sam discussed his desire in continuing to maintain the dam and
discussed potential future use of the property.
The Chair explained that the existing Order of Conditions allows some activities that no
longer apply to the present use, and extension permits must include all conditions of the
original order. The Commission noted that Sam could continue maintaining the dam
until the existing order expires in June at which time a new Notice of Intent could be
filed. Upon motion by Sue and second by Tim the Commission voted to deny the request
to extend the existing Order of Conditions. All in favor-5; abstained-1 (Mason).
Application Review, Spring Street
Sarah reviewed the application for a special permit by the Office of Planning &
Development to allow for a reduction in the minimum lot size by 1.1 acres and donation
of corresponding 1.1 acres to allow the Bean farmhouse on Spring Street to be sold
without any adjacent farmland. The parcel to be protected will be transferred in fee to
either the Conservation Commission or the Trust for Public Land. Upon motion by
Mason and second by Sue the Commission voted all in favor to support the special permit
application.
Review of Mail:
Sarah noted that she received a letter from Burgy Bullets thanking the Commission for
continuing to allow snowmobile use of existing trails at the Beaverbrook/Broadbrook
Conservation area.
Other Items:
Kevin stated that a Smith College intern is interested in the possibility of generating
power from Smith College dam and asked for environmental impact information. The
Commission stated she should speak with the Dept. of Public Works.
Kevin noted that two member terms are up for re-appointment, of which one, won’t be
seeking re-appointment.
Sarah received a letter from Smith College stating they’re continuing to cut down trees
along the dike and storm damaged trees as part of the management plan.
Kevin noted the obligation of Commission members to complete the state’s on-line ethics
training.
Downey updated members regarding CPC noting that the application for the
Conservation fund is moving forward and reviewed the Marble Brook Conservation
Restriction. A brief discussion took place regarding protocol for Conservation
Restrictions and members agreed that a list of conditions would be helpful to give to the
CPC when recommending Conservation Restrictions in the future.
Meeting Adjourned: Motion By: Second By: Unanimous:
6:00 p.m. Kevin Lisa all in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
March 25, 2010
Members Present Time
Kevin Lake, Chair x
Lisa Fusco x
Mason Maronn
Susan Carbin
Downey Meyer x
Valerie Vignaux x
Tim Parshall x
Staff Present Time
Sarah LaValley x
Aleta DeLisle x
Meeting Opened At: By:
5:05 p.m. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
3/11/2010 Downey Lisa all in favor
Order of Business:
Notice of Project Change, Village Hill
Sarah reviewed the NPC, that proposes to add residential use in the northern part of the
site. The Commission will not provide comment to EOEEA.
Discussion of Land Use Regulations
The Commission reviewed the current land use regulations, which have not been updated
since 1996 . Sarah will forward proposed land use changes to the Commission and
members can make changes for future discussion/review. Sarah noted that it may be
helpful to receive input from Mass. Audubon Society and Broad Brook Coalition.
Other Business
The Commission will make a site visit to the former P. Allen Landfill located at 234
Easthampton Rd. to view erosion control that was not visible under snowcover.
Wayne Feiden reviewed the Zimmerman Conservation Restriction. Upon motion by
Valerie and second by Lisa the Commission voted all in favor to approve the
Conservation Restriction for the 36 acre parcel off North Farms Rd. for $18,000.
Wayne Feiden discussed reconstituting a planning review committee to review the Open
Space Plan which expires the end of 2010.
Wayne Feiden stated that the City has applied for a stewardship grant for $2800.00 for
Mineral Hills and has hired Michael Mauri, MA Licensed Forester to do the work.
Wayne Feiden discussed putting a fence or fill at the edge of the Turkey Hill quarry.
Kevin noted that the Conway School has given their recommendations to the Bean/Allard
task force.
Wayne Feiden reviewed the status of Grove Avenue.
6:00 PM
Public Hearing: Notice of Intent filed for Three County Fairgrounds for complete
redevelopment of the site. Located at 54 Fair Street, DEP Number 246-635, Maps/Lots
25C-251, 25C-264, 32-001, 32A-249 and 32A-251.
Kevin noted that the hearing was re-advertised, and is not a continuation.
Jeff Squire, Rick Klein and Mark Darnold of Berkshire Design Group represented the
project. Also, in attendance were Teri Anderson, City Economic Development Director
and Bruce Shallcross of the Three County Fairgrounds.
Jeff and Rick gave a slide presentation reviewing the master plan and site plan. Teri
stated that they would like to have a year round facility with activities.
Jeff reviewed compensatory storage, underground infiltration systems and addressed
offsite run-off. Mark reviewed existing and expected stormwater. Jeff stated that they
received the DPW stormwater permit for Phase 1 of the project. Rick noted that the
stormwater permit for Phase 2 will be sought at the same time as permits for the roadway
construction. Wayne Feiden noted that the Commission has phased projects before and
has approved compensatory banking in the past.
The Commission discussed issues including lifespan and maintenance of the drainage
systems and monitoring of the systems during construction. Kevin opened the hearing to
public comment.
Maria Tymoczko, Pomeroy Terrace asked questions about drainage and groundwater.
Mark Darnold explained the workings of the underground detention system.
John Bobala, Old Ferry Rd. addressed the Commission regarding drainage problems at
his residence and presented pictures of the problem.
Ward 7 Councillor Gene Tacy stated that stormwater permitting for Phase 2 roadway
construction should be dealt with before approving Phase 1.
Bruce Shallcross stated that the Three County Fair needs to maintain their livelihood and
that Phase 1 would allow them to continue.
Sarah reviewed a chart showing permits required and phases of the project.
Teri noted that Phase 1 work won’t change any existing drainage on-site and noted that
they will need to raise money to complete each phase of the project.
Gerry Budgar, Bridge St. noted he was in favor of the project but stated his concerns
regarding traffic, parking and groundwater.
Ward 3 Councillor Angela Plassmann stated concerns about the water table rising,
discussed neighborhood concerns and stated that no environmental impact study had been
done. Angela submitted a letter from Fred Zimnoch into the record. Angela requested
that public comment be continued so they have time to review associated documents.
Mark Darnold discussed the location of test pits.
Jeff and Teri discussed redirecting water from the Williams Street Brook and stated that
this would also alleviate the drainage problem at Mr. Bobala’s residence.
Maria Tymoczko and Paul Shoul, residents of Pomeroy Terrace submitted a list of
questions/concerns into record entitled, “Joint Presentation to the Conservation
Commission” dated March 25, 2010 and reviewed the list with the Commission.
Maria also submitted a letter to Doug McDonald, DPW, into the record and a letter to Jim
Laurila, DPW, into the record as well as some pictures.
Teri asked about the drainage swale. Rick discussed the options that were submitted to
DPW noting that they will make the final decision.
The Commission discussed issues including drainage and waterflow, environmental
impact and parking lot runoff.
A brief discussion took place regarding the phasing of the project.
Teri stated that they are asking for conceptual approval for the whole project and would
need additional permits for different phases.
Maria asked the Commission not to give conceptual approval until other issues are
addressed.
Angela asked the Commission to continue the hearing and suggested the Commission
make a site visit.
Gene stated his support of the project and noted concerns for phase 2 of the project.
Upon motion by Lisa and second by Downey the Commission voted all in favor to
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continue the hearing until April 1 at 6:00 p.m. to accommodate all participants.
The Chair scheduled a date with members to visit the site.
Meeting Adjourned: Motion By: Second By: Unanimous:
9:20 p.m. Lisa Valerie all in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
April 1, 2010
Members Present Time
Kevin Lake, Chair x
Lisa Fusco x
Mason Maronn
Susan Carbin
Downey Meyer x
Valerie Vignaux x
Tim Parshall x
Staff Present Time
Sarah LaValley x
Aleta DeLisle x
Meeting Opened At: By:
6:05 p.m. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
3/25/2010 Lisa Downey all in favor
with minor change
Order of Business:
Request for Certificate of Compliance
, 360 North King Street, DEP File Number 246-
601, Map/Lots 13-29, 13-35, 13-36.
Upon motion by Tim and second by Downey the Commission voted all in favor that the
the Certificate should be issued, checking the box that the Order of Conditions is invalid,
since work was not begun.
Request for Certificate of Compliance
, 360 North King Street, DEP File Number 246-
594, Map/Lots 13-29, 13-35, 13-36.
A certificate is not needed for this file number; since it is the same project it is granted
with the Certificate for the most recent file number.
6:00 PM
Continuation of Public Hearing: Notice of Intent filed for Three County Fairgrounds for
complete redevelopment of the site. Located at 54 Fair Street, DEP Number 246-635,
Maps/Lots 25C-251, 25C-264, 32-001, 32A-249 and 32A-251.
Jeff Squire, Rick Klein and Mark Darnold of Berkshire Design Group represented the
project. Also, in attendance were Teri Anderson, City Economic Development Director.
The Chair noted that the Commission made a site visit to the property. The Chair opened
the hearing to public comment.
Jane Potter, Phillips Place stated concerns regarding removal of trees, floodwater and
ecosystems.
Fred Zimnock, Pomeroy Terrace asked for clarification of proposed condition #5
(improvements to off-site conditions).
Maria asked for clarification relative to the permitting phases of the project. Maria
discussed various concerns and issues which she distributed in a letter dated 4/1/2010,
along with a checklist of requests pertaining to her property. Maria asked for a third party
independent review of the project.
Fred Zimnock, submitted into record a document from the University of New Hampshire
regarding the environmental impact of the use of blacktop sealers. Fred stated concerns
regarding the use of blacktop sealers, salt and sand on driveways and roadways. Fred
advocated for a third party independent review of the project.
Councilor Angela Plassmann, Ward 3 discussed proposed conditions #41 and #42 and
asked for clarification relative to the Commission’s review of the project.
Paul Shoul, Pomeroy Terrace stated his concern regarding removal of trees.
Councilor Angela Plassmann, stated her concern that there was no environmental impact
report and advocated for a third party independent review of the project.
Following public comment, upon motion by Downey and second by Valerie the
Commission voted all in favor to close the hearing.
The Commission discussed issues including drainage systems, water flow, on-site and
off-site drainage, stormwater runoff, snow storage and roadway de-icing agents.
The Commission reviewed and revised the proposed conditions.
Upon motion by Lisa and second by Downey, the Commission voted all in favor to issue
an Order of Conditions with standard conditions #1-33 and added additional conditions
through #52 (attached).
Meeting Adjourned: Motion By: Second By: Unanimous:
9:35 p.m. Lisa Valerie all in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
May 13, 2010
Members Present Time
Kevin Lake, Chair x
Lisa Fusco x left 7:05 p.m.
Mason Maronn
Susan Carbin
Downey Meyer x left 5:50 p.m.
Valerie Vignaux x
Tim Parshall x
Staff Present Time
Sarah LaValley x
Aleta DeLisle x
Meeting Opened At: By:
5:05 p.m. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
April 1, 2010 Lisa Downey all in favor
Order of Business:
5:00 PM
Elaine Yeskie, Request for Determination of Applicability to
determine whether reconstruction of a house in the floodplain is subject to
the Wetlands Protection Act and/or Northampton Wetlands Ordinance - 17 Fair
Street, Map ID 25c-256.
Jim Harrity represented the project. Jim discussed the project and reviewed flood
elevations and storage capacity. The Commission discussed the project. Upon motion by
Downey and second by Lisa the Commission voted all in favor to issue a Negative
Determination of Applicability by checking Box 2 and Box 6 and including conditions
that flood elevation certificates be provided prior to construction, and prior to issuance of
a certificate of occupancy.
5:30 PM
Richard Jaescke, Request for Determination of Applicability to
determine whether the boundaries of resource areas depicted on the plan are
accurately delineated and whether a garage addition is subject to the
Wetlands Protection Act and/or the Northampton Wetlands Ordinance - 774
Bridge Road, Map ID 18c-36, 18c-176.
Steve Susco, Bridge Road, discussed the existing wetlands and whether the Commission
can craft a way to reduce the burden on the landowner in certain locations. Kevin stated
that they will be making recommendations to the City Council regarding the local
wetlands ordinance.
Richard Jaescke described the project. The Commission discussed the project. Upon
motion by Tim and second by Lisa the Commission voted all in favor to issue a Negative
Determination of Applicability by Checking Box 3 with conditions #1-12 and an as built
plan not required. Also, silt fence shall be the limit of work and the applicant shall notify
the Commission after the silt fence is installed instead of the pre-construction meeting.
6:30 PM
Smith College for Notice of Intent for synthetic turf athletic
field, and site improvements in riverfront. College Lane Map ID 31C-15,
DEP File 246-639.
Gary Hartwell, Plant Manager, Smith College reviewed the project; the management plan
and invasive species removal plan. Bill Seymore, Gale Associates reviewed the
restoration and mitigation areas. Bill noted that they re-filed the drainage calculations
with DPW. The Commission discussed the project. Upon motion by Lisa and second by
Valerie the Commission voted all in favor to issue an Order of Conditions with standard
conditions #1-33, with an as-built plan required. The Commission increased restoration
success from 3-years as recommended to a five growing seasons. Final additional
conditions are:
34. Where there are any differences between this Order and any previously issued
Orders for the same project, this Order shall govern.
35. Prior to beginning work on the project, the applicant shall file a plan with the
Conservation Commission that includes all work subject to this Order, including
throwing circle improvements.
36. Further alteration within mitigated and restored area is prohibited, except as may
be required to maintain the area in its restored or mitigated condition. Restoration areas
shall not be mown or used as pedestrian walkways. Maintenance in restoration areas is
limited to trimming of overhanging branches that pose a danger. Foliar herbicides shall
not be used in restoration areas.
37. While plant growth is being established, the applicant shall install construction
fencing to prevent pedestrians from encroaching on restoration and mitigation areas.
Fencing shall be maintained until vegetation in the restoration areas is sufficiently
established to discourage pedestrian encroachment. Written approval from the
Commission is required prior to removal of pedestrian barriers, and requests shall be
accompanied by photo documentation of vegetation.
38. Restoration and mitigation shall be proven successful for at least five growing
seasons. A request for Certificate of Compliance shall be accompanied by a comparison
of invasive species occurrence on the site with baseline invasive species occurrence
during the growing season preceding mitigation. Invasive species occurrence shall be
seventy-five percent reduced following mitigation. The Commission may impose
additional mitigation measures if invasive growth exceeds 25% of the vegetation present
in invasive species control areas, or if disturbance, such as evidence of use as a trail or
path, is evident in restoration areas.
39. A request for a Certificate of Compliance shall include a plan for monitoring and
maintaining invasive species areas for as long as Smith College maintains site control. A
brief annual report describing invasive species control activities in mitigation areas shall
be submitted to the Commission prior to December 31 of each year.
40. Evaporative cooling, irrigation, and use of salt and/or other melting agents are
prohibited.
Other Items:
Arnold Lapalme appeared before the Commission to discuss on-going problems at the
south side of Mineral Hills Conservation area with a neighbor cutting down trees and
issues with snowmobile and motorcycle use. Sarah stated that she spoke with the
neighbor who said they will clean up the area. Sarah and Lisa will make a site visit to the
property.
Sarah stated that an Emergency Certificate had been issued to DPW to breach the beaver
dam behind Stop and Shop which will expire 5/14/2010. Downey suggested that DPW
look at the beaver deceiver in Barrett Street marsh for suggestions for beaver control.
Sarah noted that DEP received a complaint regarding Highway Auto Salvage and the
Commission has been invited to make a site visit.
Lisa noted that after rainfall some oil can be observed flowing across Route 10 from the
auto salvage company. The Commission recommended that this be looked into.
Ben Grosscup who works with Glynwood Center based in Coldspring, N.Y. described a
program they are using to save farming and preserve food and would like to use
Northampton as a model. Ben reviewed issues that negatively affect farming and
reviewed priorities for Northampton. He stated he met with the Agricultural Commission
and Planning Board who voted to sponsor a resolution to City Council to adopt the
program. Wayne Fieden described what role the Conservation Commission would have.
The Commission agreed that they would like more time to review the program before
making a decision.
Wayne discussed the two lot cluster permit for Bean Farm, Spring Street that will be
going before Planning Board and asked for Conservation Commission recommendation.
Upon motion by Valerie and second by Tim the Commission voted all in favor to support
the cluster development on Spring Street.
Upon motion by Lisa and second by Tim the Commission voted all in favor to enter into
executive session at 6:15 p.m. for land acquisition purposes.
The Commission returned to regular session by roll call vote at 6:45 p.m.
Wayne reviewed the proposed new wetland fees. The new fees remove the additional
per-lot fee for projects not subject to the state WPA, and clarified that ANRADs are
$125. Upon motion by Valerie and second by Tim the Commission voted all in favor to
accept the proposed new fee schedule.
The meeting adjourned at 7:10 p.m.
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
May 13, 2010 – Executive Session
Members Present Time
Kevin Lake, Chair x
Lisa Fusco x
Mason Maronn
Susan Carbin
Downey Meyer
Valerie Vignaux x
Tim Parshall x
Staff Present Time
Sarah LaValley x
Aleta DeLisle x
Meeting Opened At: By:
6:15 p.m. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
Order of Business:
Upon motion by Lisa and second by Tim the Commission voted all in favor to enter into
executive session at 6:15 p.m. for land acquisition purposes.
Wayne Feiden, Director, Office of Planning and Development updated the Commission
regarding land acquisition.
Wayne described property on Haydenville Road owned by the Girlscouts and asked the
Commission if it was a piece of land they wanted to pursue for acquisition. The
Commission agreed that it was.
Wayne discussed the 1.3 acre Tacy property on the Mill River on Main Street, Leeds.
Upon motion by Valerie and second by Lisa the Commission voted all in favor to accept
ownership of deed in lieu of foreclosure.
Wayne discussed the Sawmill Hills Realty Trust property at the Sawmill Hills
Conservation area across from Ryan Rd. School. Upon motion by Valerie and second by
Tim the Commission voted all in favor to accept ownership of deed in lieu of foreclosure.
Wayne noted that he commissioned an appraisal to look at the value of a piece of
property on Turkey Hill Road.
Wayne discussed the 50ish acre Meehan parcel off Turkey Hill Road.
Upon motion by Kevin and second by Lisa the Commission voted all in favor to offer
$1,000/acre and noted that if the offer is to low that it would need to come back before
the Commission for discussion.
Upon motion by Lisa and second by Tim the Commission voted all in favor, by roll call
vote, to adjourn executive session and return to regular session at 6:45 p.m.
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
May 27, 2010
Members Present Time
Kevin Lake, Chair x
Lisa Fusco
Mason Maronn
Susan Carbin x
Downey Meyer x left 6:50 p.m.
Valerie Vignaux x
Tim Parshall
Staff Present Time
Sarah LaValley x
Aleta DeLisle x
Meeting Opened At: By:
5:03 p.m. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
May 13, 2010 Valerie Sue all in favor
Order of Business:
5:00 PMDeborah Koch, Request for Certificate of Compliance. 140 Loudville
-
Road, Map ID 48-006. DEP File 246-535.
Sarah stated that all work has been completed. Upon motion by Sue and second by
Downey the Commission voted all in favor to issue a Certificate of Compliance.
Regarding a complaint DEP received, Sarah made a site visit to Highway Auto Salvage,
Rte. 5, and noted she didn’t see any violations.
Sarah stated that she made a site visit to the V.A. landfill and noted that work is
underway.
Sarah noted that the Commission has been notified that Pan Am Railways will begin
spraying herbicide along the right-of-way.
Keep Farming Followup
The Commission discussed the farming program that was discussed at their last meeting
and agreed to support the Agricultural Commission in adopting the program.
The Commission discussed tree-cutting in riverfront areas. Members suggested that
property owners may not be aware of restrictions on riverfront areas. Staff will generate
a list of parcels within the 200 foot riverfront area boundary to see if it would be feasible
to send a mailing regarding riverfront.
5:30 PMCity of Northampton, Request for Determination of Applicability to
-
determine whether invasive species removal is subject to the Wetlands Protection
Act and/or Northampton Wetlands Ordinance. North Farms Road, Map ID 07-35
Bob Zimmermann, Broad Brook Coalition, discussed targeted applications of herbicide to
Fitzgerald Lake Conservation area and Cookes Pasture for removal of invasive species.
The Commission discussed the project. The Commission members agreed to expand the
project area from Cooke’s Pasture, as shown in the RDA, to also include the dam. Upon
motion by Downey and second by Sue the Commission voted all in favor to issue a
Negative Determination by checking Box 2 with conditions 1-8, as erosion control,
construction sequencing, and an as-built plan were not applicable to the project.
1.Prior to the initiation of any work, the applicant/owner shall submit a letter of
understanding to the Commission stating that he/she has received, read, understands
and shall comply with these conditions. The applicant, and, his or her contractor,
foreman and/or construction manager shall sign the letter of understanding.
2.All required permits must be obtained from applicable federal, state and local
agencies and departments prior to the start of any project.
3.A copy of these conditions and associated plans shall remain on site during all
construction and/or building activities. The project manager and all equipment
operators shall be familiar with the approved plans, and shall be informed of their
location on the site. This location shall be accessible to all contractors whenever
work is occurring on site.
4.All revised plans shall be approved by the Conservation Commission and
incorporated into the permit by reference and shall be followed during the course of
construction.
5.Upon completion of the work covered by this Order, the applicant shall notify the
Conservation Commission.
6.Work within Cooke’s Pasture shall not include the vernal pool.
7.Work within the dam area shall be limited to the dam/dike surface.
8.Evidence shall be submitted to the Commission that the selected herbicide will not
be harmful to vernal pool species.
Open Space Plan Working Session, Local APR Program Discussion
Wayne reviewed the Draft Open Space Plan and gave a presentation.
Conservation Area Land Use Regulations
Handout: Letter on Land Use Regulations of the Northampton Conservation
Commission, Mitschka Hartley
Mitch asked the Commission if they would hold an open discussion to consider allowing
hunting in conservation areas. Sue discussed part of the past rationale and discussions for
not allowing hunting on conservation areas. Kevin acknowledged his request.
Valerie suggested having field trips for new members of the Commission.
The meeting adjourned at 7:30 p.m.
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
June 10, 2010
Members Present Time
Kevin Lake, Chair x
Lisa Fusco
Mason Maronn x
Susan Carbin
Downey Meyer
Valerie Vignaux x
Tim Parshall x
Staff Present Time
Sarah LaValley x
Aleta DeLisle x
Meeting Opened At: By:
5:00 p.m. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
Order of Business:
5:00 PM
Northampton Montessori School, Request for Determination of Applicability to
determine whether adding fill between existing retaining walls is subject to the Wetlands
Protection Act and/or Northampton Wetlands Ordinance. Bates Street, Map ID 25A-139.
Doug Kohl and Gloria McPherson represented the project. Doug presented plans
of the project and Gloria described the project noting they would like to add fill
to be able to access the rear of the property.
The existing conditions on the site are not in compliance with expired Order of
Conditions 246-579, as the retaining walls extended past the limit of work line, closer to
the wetland than shown on the NOI plans. The Commission noted that this likely did not
have a detrimental effect on the wetlands, due to the topography of the site. A request for
Certificate of Compliance should be requested that includes an as-built plan and an
analysis of any impacts to wetlands from the changes.
Daniel Kramer, 34 Bates St. noted his support of the project.
Upon motion by Mason and second by Valerie the Commission voted all in favor to issue
a Negative Determination of Applicability by checking Box 3 and adding the following
three conditions:
1) Retaining wall shall be the limit of work line.
2) Any additional work shall require a filing with the Commission.
3) A Certificate of Compliance shall be requested prior to the start of work.
Beavers:
Kevin described water flow and the amount of water in the State Street area. Ben Wood,
Director, Board of Health appeared before the Commission and discussed the
consequences of beaver dams on landowner’s property citing standing water to the close
proximity of the house increasing the likelihood of airborne diseases and noted that he
would like to issue a trapping permit to Joe Curran, Lawn Avenue, and to allow for
breaching the dam.
Kevin noted that trapping is only a temporary fix. The Commission discussed the
method of installing a beaver deceiver as a long-term solution to lowering the water level.
Deb Lambard, 277 State Street described the excessive amount of water on her property
and neighboring properties due to the beaver dams.
Dave Herships, 22 Warburton Way noted that when trapping was allowed on Barrett
Street in the past beavers returned within 3-4 months and agreed it was only a temporary
fix.
Upon motion by Mason and second by Valerie the Commission voted all in favor to
approve the emergency certification with the understanding that the owner needs to
develop a long term solution to lower the water level.
Land Acquisition:
Wayne Feiden, Director of Planning and Development appeared before the Commission
regarding acquisition of John Skibiski property on Turkey Hill Road. Wayne noted that
the City has signed an option to purchase the property which includes 25 acres in
Northampton and 66.75 acres in Westhampton. Wayne noted that this would be a joint
purchase between Northampton and Westhampton and Northampton’s share per the
appraisal would be $171,053. Wayne noted that this would partially be funded by the
Land Grant and CPA grant and the deal would be void if Westhampton couldn’t fund
their piece. Upon motion by Valerie and second by Mason the Commission voted all in
favor to purchase the property.
Conservation Area Land Use Regulations:
The Commission discussed changes to the land use regulations and discussed holding a
public hearing for public response possibly in September.
Wetlands Ordinance Suggested Changes:
Sarah reviewed the bylaws and rules of the Conservation Commission with Commission
members and made necessary changes.
Summer Schedule:
thth
The Commission agreed to meet July 8 and August 5 for their summer schedule.
Meeting Adjourned: Motion By: Second By: Unanimous:
6:50 p.m. Valerie Mason all in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
June 24, 2010
Members Present Time
Kevin Lake, Chair x
Lisa Fusco x 5:05 pm
Mason Maronn x
Susan Carbin x
Downey Meyer x
Valerie Vignaux
Tim Parshall 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:
May 27, 2010 Downey Sue All in favor
June 10, 2010 Mason Tim All in favor
Order of Business:
5:00 PM
Smith College Facilities Management, request for extension of an Order of Conditions at
College Lane, Map IDs 31A-257, 260, 324; 31B-289,290, 292, 293; 31C-13, 14,15; 31D-
8, 9, 10, 11, 20,238, 999. DEP File 246-580.
Gary Hartwell, Smith College Facilities, described the activities allowed under the Order
of Conditions. The activites matrix in the Management Plan document explains what is
allowed, and the type of notification required to the Commission. Dredging is included
in the matrix, but a Notice of Intent would be required if dredging is planned.
Kevin asked about sediment issues present with dredging. Gary explained that a
minimum level of flow is required to be maintained during dredging, which can cause
scouring and sediment flow that impacts plants and animals downstream. Smith College
is looking into dredging options to prevent sediment release.
Upon motion by Sue and second by Lisa the Commission voted all in favor to extend the
Order of Conditions for three years.
Other business: MGM Real Estate Associates/Northampton Montessori School. Request
for Certificate of Compliance, Bates Street, MAP ID 25A-139. DEP File 246-579.
Gloria McPherson, and Doug Kohl, Kohl Construction, presented the application,
providing a letter from Mark Darnold, Berkshire Design Group, that even though the wall
on the property was not built according to plans, it did not have a detrimental effect on
wetlands. The letter also indicated that work proposed in the Determination of
Applicability granted by the Commission will also not result in wetlands impacts. Gloria
noted that gravel will be placed along the wall, which was not indicated in the
Determination plans. The Commission agreed this was acceptable, and Sarah will write a
letter indicating that this is an approved field change.
Upon motion by Mason and second by Sue the Commission voted all in favor to issue a
partial Certificate of Compliance for the work done on the project.
5:30 PM
John Ewing, request for extension of an Order of Conditions at 297 Old Wilson Road,
Florence, Map ID 44-116. DEP File 246-606.
John Ewing presented the extension request, indicating that this Order was for
construction of three houses, and a separate Order was issued for construction of a
common driveway.
Plans referenced in the Order were not available, but the Commission reviewed a
wetlands delineation for the property.
Downey asked if the project involved any ‘no encroachment’ zones, as these were
adopted into the ordinance after the Order was issued. Sarah noted that the Order
indicates that the impacts were limited to buffer zone, with a distance of 50 feet to
wetlands.
Downey pointed out that any additions to the Ordinance would not be enforceable to the
current project if the Order were extended.
Sarah noted that the current Order will expire prior to the next meeting.
Upon motion by Downey and second by Mason the Commission voted four in favor and
two opposed to issue an extension for two months, to allow for review of plans as
compared to the current wetlands ordinance.
Request for Extension to Broad Brook Coalition Memorandum of Understanding
Frank Olbris and Dave Herships represented Broad Brook Coalition.
Dave stated that the BBC noticed that the current MOU expired, and would like to extend
it until December 31. In the interim, the BBC would like to work with the Commission
to craft a new MOU with needed changes, such as clarification of liability issues, and
updated land use regulations.
The Commission discussed the best way to extend the MOU. Downey suggested a
formal amendment and extension be drafted. Sarah will draft a letter to include
amendments reflecting an update to ‘premises,’ most current Open Space Plan reflected
as the Management Plan, and new expiration date.
Upon motion by Downey and second by Sue the Commission voted all in favor to
authorize Kevin to sign a letter of amendment and extension until December 31.
Administrative Rules and Regulations
Handout: BYLAWS proposed as of June 8, 2010
Sarah presented administrative regulations for the Commission’s consideration that
include those of all the land-use boards in one document.
Mason noted that item 1.7-9, in the shared procedures for all boards, seems to imply that
anyone making a comment at a public meeting be required to present a written transcript.
Sarah stated that this item was created to reflect changes in the Open Meeting Law
requiring detailed minutes, but should not apply to spoken comment. Staff will draft a
clarification for consideration at the next meeting.
Wetlands Ordinance Suggested Changes
Handout: Wetlands Ordinance, June, 2010, with proposed amendments
The Commission discussed suggested staff changes to the Ordinance.
Downey suggested that it would be great to have finalized changes ready by September.
The Commission agreed that although there are several substantive changes and updates
to the Ordinance needed, it would be best to clean-up administrative items first, and
pursue revision of larger-scale items in the meantime, including performance standards.
Upon motion by Downey and second by Sue the Commission voted all in favor to present
amendments to signage, recording responsibility, and appeal period language to the
Ordinance Committee
EENF – Norwottuck Rail Trail Rehabilitation
Sarah stated that an EENF had been received and is available for review. The majority of
wetlands-related concerns are in Hadley and Amherst.
Other Business
Sue suggested that the Commission consider commenting on the proposal to remove the
Upper Roberts Meadow Dam, noting that its historical significance is the gorge itself, not
the dam structure.
The Commission discussed the proposed dam removal, noting that and agreed to discuss
providing comment at an opportune time.
Meeting Adjourned: Motion By: Second By: Unanimous:
7:20 p.m. Sue Downey all in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
July 8 th, 2010
Members Present Time
Kevin Lake, Chair
Lisa Fusco x
Mason Maronn x
Susan Carbin x
Downey Meyer x left 6:10 p.m.
Valerie Vignaux x
Tim Parshall
Staff Present Time
Sarah LaValley x 5:30 p.m.
Aleta DeLisle x
Wayne Feiden x left 5:35 p.m.
Meeting Opened At: By:
5:00 pm Lisa
Minutes Approved: Motion By: Second By: Unanimous:
6/24/2010 with two Sue Downey all in favor
corrections
5/13/2010 Executive Valerie Sue all in favor
Session
Order of Business:
5:00 PM
Susan Clopton and John Levine, Notice of Intent for site grading and
construction of raingardens in the buffer zone to bordering vegetated wetlands. 1157
Florence Road, Map ID 44-86. DEP File 246-640.
John Levine presented a plan, explained the project and described the proposed work
associated with removal of a septic tank and connection to the Easthampton sanitary
sewer system. The Commission discussed the project including proposed conditions.
Commission members expressed concern about mowing and disposal of yard waste
within the BVW. Downey suggested that the local Ordinance doesn’t allow for work
within the no-disturbance zone for the proposed project. Sue Clopton decided she might
not pursue the original plan, and will investigate whether it might be possible to conduct
grading outside all buffer zones. The Commission reviewed various options with her,
including continuing the hearing. Upon motion by Mason and second by Sue the
th
Commission voted all in favor to continue the hearing until August 5 @ 5:00 p.m. to
allow the applicant time to review her options.
5:30 PM
, continued discussion: John Ewing, request for extension of an Order of
Conditions at 297 Old Wilson Road, Florence, Map ID 44-116. DEP File 246-606.
John presented a plan to the Commission. The Commission discussed the project. Upon
motion by Mason and second by Downey the Commission voted all in favor to extend the
Order of Conditions for three years.
Request for Certificate of Compliance, Northampton Airport, 160 Old Ferry Road, Map
ID 25-17. DEP File 246-466.
Lisa reviewed the project stating that the runway was replaced in 1999-2000 and that the
previous owner didn’t apply for a Certificate of Compliance. Upon motion by Downey
and second by Sue the Commission voted to issue a Certificate of Compliance. Lisa
recused herself from voting.
Other Items:
Bob Zimmermann, Broad Brook Coalition discussed the following items with the
Commission.
1) BBC would like to meet with Commission members to review the new Memorandum
of Understanding between the BBC and the Conservation Commission noting some
issues they would like to discuss. Sarah will check with Commission members for
participation.
2) BBC would like to meet with Commission members regarding controlling invasive
species, access to sites and boundary markers. Sarah will check with Commission
members for participation.
3) BBC would like to propose that wildlife corridor signs be posted along North Farms
Road. David Murphy suggested that they speak with the Traffic and Transporation
Committee who makes recommendations to DPW. Sarah stated that CPA funding might
be available.
David Murphy representing Child’s Park spoke to the Commission about dredging the
man-made pond in Child’s Park stating that they have received CPA funds to proceed but
needs approval from the Conservation Commission. Upon motion by Mason and second
by Sue the Commission voted all in favor to authorize Sarah to write a letter to the
Community Preservation Commission stating that the Commission has no issues with
dredging the pond, as it is not a resource area under the WPA or local ordinance.
Request for Certificate of Compliance, Alison MacDonald, 8 Shepherds Hollow Road,
Map ID 15-23. DEP File 246-564
Sarah reviewed the project. Upon motion by Mason and second by Sue the Commission
voted all in favor to issue a Certificate of Compliance.
Administrative Rules and Regulations:
Upon motion by Sue and second by Valerie the Commission voted all in favor to approve
the administrative changes to the rules and regulations that were previously discussed by
by the Commission.
Emergency Certification, Cutlery Associates, 320-360 Riverside Drive, Map ID30A-32.
Sarah reviewed the project and stated that the applicant needed to finish stabilizing the
riverbank to prevent contaminated soils from eroding into the river at the cutlery cleanup
project site.
Meeting Adjourned: Motion By: Second By: Unanimous:
6:35 p.m. Valerie Sue all in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
August 26 th , 2010
Members Present Time
Kevin Lake, Chair x
Lisa Fusco x
Mason Maronn x
Susan Carbin
Downey Meyer x
Valerie Vignaux x
Tim Parshall x
Staff Present Time
Sarah LaValley x
Aleta DeLisle
Meeting Opened At: By:
5:00 pm Kevin
Minutes Approved: Motion By: Second By: Unanimous:
7/08/2010 Lisa Downey all in favor
Order of Business:
5:00 PM Susan Clopton and John Levine, Notice of Intent for site grading and
construction of raingardens in the buffer zone to bordering vegetated wetlands.
1157 Florence Road, Map ID 44-86. DEP File 246-640.
Bruce Griffin, New England Environmental, and Susan Clopton represented the project
Bruce described the site and the work proposed. A culvert under Florence Rd carrries an
intermittent stream, which crosses the north edge of the property. There are BVW
associated with the stream, and the site also has BVW to the rear of the house. There is a
raingarden in this BVW that was permitted by the Conservation Commission for a prior
permit for an addition to the house. There is currently a mown area to the rear (west) of
this raingarden.
Work proposed is related to plans to connect to the Easthampton sewer system and
disconnect from an existing septic system on the property. Also proposed is re-grading
of the site to address drainage issues, directing water from the driveway to raingardens
adjacent to the driveway. A raingarden is proposed to be installed in the buffer zone area
to the north of the house that is currently mown lawn, and invasive species are proposed
to be removed from that area. The applicant also proposes to discontinue mowing to the
1
rear of the raingarden, planting native shrubs in place of grass, and create a clipping
disposal area outside the buffer zone.
Bruce noted that the applicants prepared a narrative indicating that they do not want to
change established mowing patterns or install wetland boundary markers. Bruce also
noted that the DEP comments state only that the project is limited to the buffer zone. The
project will contribute to many of the interests identified in the WPA.
Bruce noted that the wetland as currently delineated is likely no longer accurate, and the
boundary is most likely farther from the house to the rear of the property.
Downey moved to close the public hearing, seconded by Lisa. The motion carried
unanimously.
Downey moved to deny the Order of Conditions according to the Northampton Wetlands
Ordinance, seconded by Valerie.
Downey suggesteded that issuing a permit would be inconsistent with the City
Ordinance, as the work proposed is within the no encroachment zone, and it’s not within
the Commission’s discretion to determine whether the activities proposed are an
improvement. The project is not downgradient, and the area proposed for work is not
itself degraded. Masonn noted that everything that’s proposed will result in an
improvement to the wetland. The Commission discussed under what circumstances work
can be allowed in the no encroachment zone, noting that there are exemptions under the
vernal pool section of the Ordinance that are not provided in 337-10 E(2).
The Commission discussed prior permits issued for the property, including a Order issued
after the most recent Ordinance amendments regarding the no-encroachment zone. This
addition was located on an area that had been impervious surface
Kevin suggested that there are two separate issues: what work can be done within the
resource area itself, and what can be done within the buffer zone.
Motion carries; 4-2, with Lisa and Mason opposed.
The Commission agreed that staff should prepare language for consideration at the next
meeting that allow resource area improvements within no encroachment zones and
wetlands.
5:20 PM, Steven Willner, Abbreviated Notice of Resource Area Delineation,
Westhampton Road, Kensington Estates, Map ID 41-32. DEP File 246-642.
The Commission continued the hearing until September 2 at 5:00, in the City Hall
Hearing Room.
5:40 PM, Northampton DPW, Notice of Intent for bridge rehabilitation in the
Roberts Meadow Brook riverfront area, bank, and land under water. Water Street,
Leeds. DEP File 246-641.
Jim Laurila, City Engineer, and Eric Ford, Stantec, represented the project.
Jim provided an overview of the project, explaining work that will be done to repair
bridge undermining.
Eric provided an overview of resource areas, noting that work will be occurring within
the no encroachment zone. Bridge work will impact land under water and bank. The
staging area will result in temporary impacts to riverfront.
2
Sarah pointed out that work in the no encroachment zone is allowed under the Ordinance,
since bridge repairs are a limited project.
The Commission discussed the grout bags. Valerie pointed out that Water Street is a
dead end, so using the roadway for a staging area would have limited traffic impacts.
There was no public comment.
Masonn moved to close the public hearing, seconded by Valerie. The motion carried
unanimously.
Downey moved to issue an OOC with suggested staff conditions, and if feasible from an
engineering standpoint, substrate restoration be expanded to include the entire bridge
area.
Seconded by Masonn. The motion carried unanimously.
The Commission agreed that a letter from an engineer indicating feasibility will be OK.
6:00PM, Estate of Russell Myette, Request for Determination of Applicability to
determine whether septic system replacement is subject to the Wetlands Protection
Act and/or Northampton Wetlands Ordinance. 86 Riverbank Road, Map IDs 25-79
and 25-83.
Attorney Dick Evans and Alan Weiss represented the project. Atty Evans provided an
overview, indicating that no grade changes are proposed and silt fencing will be used
during construction. This will replace a current system.
Alan noted that the project will be an improvement, and the system as proposed can’t be
placed any farther from the river due to the layout of the site.
The Commission discussed work that will take place within the 50 foot zone; this is
limited to closure of the existing cesspool which is not functioning properly.
Valerie moved to issue a negative determination; seconded by Masonn. The motion
carried unanimously.
Emergency Certification, MassDevelopment, Village Hill Slope Stabilization. Parcel
31C-17.
Sarah noted that an Emergency Certification for slope stabilization at the site of the old
piggery north of the detention basin was issued due to a resource area at the bottom of the
hill.
ENF: Paradise Pond Dam Repairs
Sarah noted that an ENF and corresponding NOI had been submitted for the dam repair
project. Additional time is needed by the applicant before the Commission holds a
hearing.
Zoning Revisions Committee Appointment Suggestions
The Commission will forward any suggestions to Steve Strimer or Sarah.
Meeting Schedule
The November schedule will be determined at an upcoming meeting.
Review of Mail
Stop Order for logging with an expired cutting plan on Montague Road.
3
MACC Newsletter
Letter regarding DCR’s forest visioning process
All other business
Sarah reported that the Community Preservation Committee has requested that the
Conservation Commission place CR’s retroactively on all purchases made with CPA
funds from the Conservation Fund. A plan is requested by December. Staff will work on
this.
Meeting Adjourned: Motion By: Second By: Unanimous:
7:10 p.m. Downey Lisa all in favor
4
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
September 2 nd, 2010
Members Present Time
Kevin Lake, Chair
Lisa Fusco x Left 7:15
Mason Maronn x
Susan Carbin
Downey Meyer x
Valerie Vignaux x
Tim Parshall x
Staff Present Time
Sarah LaValley x
Aleta DeLisle
Meeting Opened At: By:
5:00 pm Lisa
Minutes Approved: Motion By: Second By: Unanimous:
8/26/2010 Mason Valerie all in favor
No public comment
Lisa noted that Doug Kohl passed away, and that he will be missed as a member of the
community.
Order of Business:
5:00 PM Continuation: Steven Willner, Abbreviated Notice of Resource Area Delineation,
Westhampton Road, Kensington Estates, Map ID 41-32. DEP File 246-642.
Bruce Griffin, New England Environmental represented the project. Bruce stated that the area
was delineated in 2008, and has been visited several times since then. The stream on the
property, shown as perennial on USGS maps, was flowing in 2008, but documentation was
submitted to show the stream is dry this year and can be documented as intermittent. There is a
dam to the north of Route 66 off the property, but it’s been in place since at least the 1930’s and
may be contributing to flow. Potential vernal pools have been added to the map as well.
Mason noted that a 100 foot buffer is not shown around the larger isolated wetland. Bruce
stated that this will be added if any further filings are made.
Blake Simmons, 1095 Westhampton Road, expressed concern about trespassing on his property
by consultants for the project
1
Marsha Fellows, 123 Glendale Road, stated that the stream on the property is usually flowing,
but has been impacted by the dry weather.
Downey explained the boundaries associated with different types of resource areas, and noted
that the Conservation Commission can only consider advisories issued by the drought
management task force. Advisories have been issued for other regions, but they do not extend
to the Pioneer Valley.
A neighbor at 123 Glendale Road, expressed concern about future septic systems, and noted that
this is the first year she has seen the brook dry.
Mason stated that the only thing currently under the Commission’s consideration is review of
the wetland boundaries, and that
Mason moved to close the public hearing, seconded by Downey, motion carried unanimously.
The Commission discussed stream flow conditions, and the impact of the upstream dam on
flows within the subject parcel.
Mason moved to issue an Order confirming the boundaries shown on the plan, seconded by
Downey. The motion carried unanimously.
Other business-
Wayne Feiden, Director of Planning and Development. Finding entities to hold CR’s on city-
held conservation land is often difficult. CR’s are a requirement of CPA-funded conservation
projects. Many established nonprofits require endowments to hold CR’s which is prohibitive
for many projects. OPD would like to move ahead in forming a nonprofit to hold CR’s, at the
direction of the city.
Wayne distributed draft articles of incorporation.
Mason asked if it would be a nonprofit created by the city, and whether this would pose a
conflict of interest. Lisa suggested the idea be checked with the city solicitor.
Mason asked how CR’s would be monitored without an endowment. Wayne stated that this
would be done by volunteers, but since the land is owned by the City, it’s also monitored that
way.
Tim asked who would be able to pay legal fees if necessary without an endowment. Wayne
replied that the group’s responsibility would come into play when a title search revealed that a
CR was held, and approval could then be withheld.
Downey asked why the voting membership includes so many groups, and whether it may be
preferable to have a separate group to avoid conflicts. Wayne replied that it would, for CR
holding, but for other concerns, like short-term holding of land, an available nonprofit is
helpful.
Downey moved to endorse the formation of a nonprofit corporation to hold local conservation
restrictions, seconded by Valerie.
Tim asked if the group is only for the purpose of holding CR’s paid for with CPA funds.
Wayne replied that this is initially the purpose, to meet the CPA’s requirement, but that this
could be expanded later.
The motion carried unanimously.
5:45 PM: Deborah Koch, Notice of Intent for an addition in the Manhan riverfront area,
and buffer zone to BVW. 140 Loudville Road, Map ID 48-6. DEP File 246-644
Emily Stockman, Stockman Associates and Deborah Koch represented the project.
2
Emily provided an overview of the project, construction of an addition primarily on the
footprint of an existing garage, and expansion of an existing deck. The planning board also
required that the existing driveway be expanded to fit two cars.
Downey asked about the location of the BVW. Emily stated that these are within the MAHW,
and were not surveyed.
Downey noted that the limit of work line is approximately 20 feet from the resource area.
Emily said this is necessary due to the steep slope on the site.
Downey asked how the project addresses the local Ordinance’s requirement of the 50 foot no
encroachment zone.
Emily stated that a variance is being requested, since the structures will be elevated there will be
no soil disturbance, and planned activities will not encroach further into the resource areas than
existing conditions.
Downey noted that a portion of the site is located in Westhampton.
There was no public comment on the project.
The Commission discussed how the project related to the no-encroachment zone.
The area directly to the rear of the garage, approximately in-line with the existing deck, is
degraded by stairs, lack of topsoil and concrete.
Deborah stated that the driveway could be moved to the north, to bring it further from the
perennial stream. Downey asked if the shed could be moved. Options are limited due to
setback requirements and the shape of the lot.
Valerie moved to close the public hearing
Lisa noted that changes to the wetlands ordinance will be discussed, and the commission hopes
to allow more discretion in allowing work within the no-encroachment area.
Sarah noted that two votes will be needed, one for whether an Order will be issued under the
WPA, and one for whether an Order will be issued under the terms of the local wetlands
Ordinance. The Commission and the applicant discussed a continuance to allow for possible
removal of some development from the no-encroachment zone, a possible site visit, and
potential engineering of alternatives to decrease impacts.
Downey moved to continue the hearing until September 23 at 6:00, seconded by Mason. The
motion carried unanimously.
Nonotuck Land Fund
Adele Franks, Dave Herships, NLF.
The Commission discussed the process of updating the Open Space Plan, which will expire at
the end of the year. Goals of the plan will also be updated, to include different types of open
space and recreation opportunities.
The September 14 meeting will be a kick-off to the update process, the public process will
continue for about a month. The Commission discussed different types of land held in different
forms, and future strategies for land protection.
Adele noted that the most recent partnership between NLF and the Commission unfortunately
did not go as smoothly as it could have, but the groups should work together in the future.
The importance of working together earlier in the process was highlighted.
Request for Certificate of Compliance, Massachusetts Electric Company. 244 Pine Street, Map
ID 22B-44. DEP File 246-624.
Sarah provided an overview of the project, removal of an electric substation.
3
7
Mason moved to grant a certificate, seconded by Downey. The motion carried unanimously.
Meeting Adjourned: Motion By: Second By: Unanimous:
:8:30 p.m. Downey Mason all in favor
4
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
September 23, 2010
Members Present Time
Kevin Lake, Chair x
Lisa Fusco
Mason Maronn x
Susan Carbin
Downey Meyer x
Valerie Vignaux x
Tim Parshall x
Staff Present Time
Sarah LaValley x
Aleta DeLisle x
Meeting Opened At: By:
5:00 pm Kevin
Minutes Approved: Motion By: Second By: Unanimous:
September 2, 2010 Downey Valerie all in favor
Order of Business:
Ordinance Amendment Discussion
Sarah noted that initial administrative changes to the ordinance were sent to City Council
and will be referred to the Ordinance Committee. The Commission reviewed additional
proposed changes to the ordinance and will continue the work in progress.
5:40 Request for Determination of Applicability, Northampton Central Services to
determine whether installation of a gas main in the riverfront area and buffer zone
to bordering vegetated wetlands is subject to the Wetlands Protection Act and/or
Northampton Wetlands Ordinance - 33 Hockanum Road, Map ID 39A-39.
David Pomerantz, Director, Central Services represented the project. David described the
project noting that they are converting from oil to gas in various facilities and would like
to accomplish this before winter sets in. Sarah reviewed the location of work. The
Commission discussed the project. 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 Valerie the Commission voted all in favor to issue a Negative Determination of
Applicability by checking Box 2 with conditions #1-12.
Review of Mail
Sarah noted that Look Park has submitted their letter of advisory opinion to MEPA and
will be filing a Notice of Intent with the Commission.
Public Comment
Deborah Koch, Loudville Rd., appeared before the Commission and discussed the work
in progress relative to changes to the wetlands ordinance and discussed her concerns on
issues from her experience as an applicant.
6:00 Continuation: Deborah Koch, Notice of Intent for an addition in the Manhan
riverfront area, and buffer zone to BVW - 140 Loudville Road, Map ID 48-6. DEP
File 246-644.
Emily Stockman, Stockman Associates and Deborah Koch represented the project. They
discussed with the Commission the option of continuing the hearing until changes to the
wetlands ordinance have been finalized in hopes of reaching a more favorable outcome if
the Commission were allowed more discretion regarding work within the 50 foot no
encroachment area. The Commission discussed the timetable and process for revising the
ordinance. The Commission reviewed the continuance process. Deborah discussed the
option of revising her plans. Upon motion by Mason and second by Valerie the
th
Commission voted all in favor to continue the hearing until November 18 @ 6:30 p.m.
Other Items:
Sarah noted that Berkshire Design discussed plan changes to the Three County
Fairgrounds project. Sarah suggested that they proceed to the Planning Board first before
getting approval from the Conservation Commission.
Sarah discussed a proposed project at 400 Burts Pit Road which would consist of a
cluster lot with an easement to access the bike trail and a conservation restriction on
seven acres. Upon motion by Downey and second by Mason the Commission voted all in
favor to accept the Conservation Commission Restriction.
The Commission discussed the meeting they had with Nonotuck Land Trust.
Meeting Adjourned: Motion By: Second By: Unanimous:
7:03 p.m. Kevin Tim all in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
October 28, 2010
Members Present Time
Kevin Lake, Chair x
Lisa Fusco x 5:30 left
Mason Maronn
Susan Carbin x
Downey Meyer x
Valerie Vignaux x
Tim Parshall x
Staff Present Time
Sarah LaValley x
Aleta DeLisle x
Meeting Opened At: By:
5:00 p.m. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
Order of Business:
5:00 Request for Certificate of Compliance, Jesse Lang, 67 Riverbank Road, Map
ID 25-68. DEP File 246-416
Sarah stated that she inspected the site and the work on the foundation and chimney has
been completed. Upon motion by Downey and second by Sue the Commission voted all
in favor to issue a Certificate of Compliance.
5:05 Request for Certificate of Compliance, Jesse Lang, 67 Riverbank Road, Map
ID 25-68. DEP File 246-301
Sarah stated that she inspected the site and the work on the septic system has been
completed. Upon motion by Downey and second by Sue the Commission voted all in
favor to issue a Certificate of Compliance.
5:10 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
Sarah noted that the applicant requested that the hearing be continued, with no
discussion, until November 18, 2010 at 5:10 pm. Upon motion by Sue and second by
Downey the Commission voted all in favor to continue the hearing until 11/18/2010 @
5:10 p.m.
The Commission briefly discussed the conflict on the Smith College Athletic Field plans
regarding TRG, pervious pavement vs. impervious pavement. The Commission agreed to
send a letter to Smith College noting that it was intended that the pervious pavers that
were shown on the plan were part of the application. Gary Hartwell, Smith College was
present.
5:10 Request for Determination of Applicability to Determine whether addition to a
single-family home in bordering land subject to flooding and riverfront of the
Connecticut River is subject to the Wetlands Protection Act and/or Northampton
Wetlands Ordinance. Jesse Lang, 67 Riverbank Road, Map ID 25-68.
Bruce Griffin, New England Environmental and Roger Cooney, Wright Builders,
represented the project. Bruce presented plans and discussed the proposed deck and
small addition that will be built on piers; resource areas and compensatory storage. The
Commission discussed mitigation and improvements to the riverfront area. Upon motion
by Downey and second by Sue the Commission voted all in favor to issue a Negative
Determination of Applicability by Checking Box 2.
5:30 PM Request for an Amended Order of Conditions. Susan Clopton and John
Levine, Notice of Intent for removal of a septic tank and associated site grading in
the buffer zone to bordering vegetated wetlands. 1157 Florence Road, Map ID 44-
86. DEP File 246-640.
Bruce Griffin, New England Environmental reviewed the project and requested an
amended Order of Conditions for work outside the 50’ buffer and revision of plan and
acceptance of plan under the ordinance. The Commission discussed the project including
the swale location, water flow and calculations. The Commission noted an area of the
property currently being mowed that is not allowed under the current ordinance.
Upon motion by Kevin and second by Downey the Commission voted all in favor to
amend the Order of Conditions previously issued with standard conditions #1-33 plus
conditions #34-37 and the condition that mowing is limited to existing lawn area only.
Upon motion by Downey and second by Sue the Commission voted all in favor to issue
the Order of Conditions under the Northampton Wetlands Ordinance with standard
conditions #1-33 plus conditions #34-37 and the condition that mowing is limited to
existing lawn area only.
Jay Viamari, Kollmorgen Corporation appeared before the Commission to request
an Emergency Certification.
Jay described the project and location of flooding. Jay
proposed clearing the vegetation to look at the berm so they can re-direct the water to the
inlet. Downey questioned the size of the existing detention basin and storm
rates/capacity. Sarah noted that Central Services will need to authorize work. Upon
motion by Valerie and second by Sue the Commission voted all in favor to issue an
Emergency Certification with conditions sized for a 100 year storm.
6:15 PM Wayne Feiden, Open Space, Recreation, and Multi-Use Trail Plan.
Wayne gave a presentation on the Plan and is in the process of asking six committees to
adopt the plan, noting that the State requires a plan in place every seven years. The
Commission discussed aspects of the plan. Upon motion by Sue and second by Downey
the Commission voted all in favor to adopt the Open Space, Recreation and Multi-Use
Trail Plan.
7:15 PM Public Hearing on Conservation Area Land Use Regulations.
Sarah noted that Conservation Commission is reviewing Land Use Regulations and is
accepting public input. Sarah noted the draft changes the Commission made and that
BBC sent in written comments.
Kevin opened the hearing for public comment.
William Glass, Golden Drive, spoke in favor of hunting and noted that the City is
purchasing more land which is lowering the percentage of land for hunting and would
like to see a larger percentage allowed for hunting than what is currently allowed.
William noted the amount of public use and size of some conservation areas.
Bill Williams, BBC noted that it was a stipulation in the deed to allow hunting on the
Abuza parcel.
Downey suggested coming back to the Commission with more specifics, i.e. stating areas
with higher populations and lowest impact. Kevin agreed and noted addressing different
types of hunting. Sue agreed that it would be helpful to come back with a specific plan
that could be open to public forum.
Bill Williams, BBC noted his opposition of expanding hunting in Fitzgerald Lake area.
Mitch Hartrey, Wildlife Biologist discussed hunting seasons, state regulations and
firearm safety issues. Mitch discussed the amount of money that hunters incur that go
towards conservation funding and doesn’t want to be in a position of supporting
conservation land but not being able to hunt. Mitch noted that current regulations make it
illegal to get to the “Abuza” section of Fitzgerald Lake carrying a firearm and proposed
taking out paragraph 4 of the regulations.
Tim and Sue opposed deleting paragraph 4 of the regulations stating the need for more
public input regarding hunting on conservation land before making any changes. Kevin
agreed. Val agreed and suggested coming back with specific recommendations or plan.
Downey stated landlocking hunters was unintentional. Sue noted that the current
regulations have been in place for a long time.
Bill Williams, BBC discussed inconsistencies between conservation regulations and BBC
regulations and made recommendations for change to the Commission.
Meeting Adjourned: Motion By: Second By: Unanimous:
8:30 p.m. Sue Valerie all in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
November 18 th, 2010
Members Present Time
Kevin Lake, Chair X
Lisa Fusco X arrive 5:25 pm
Mason Maronn X
Susan Carbin
Downey Meyer X left 5:50 pm
Valerie Vignaux X
Tim Parshall X arrive 6:12 pm
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:
October 28, 2010 Valerie Downey All in favor
with correction
September 23, 2010 Valerie Mason All in favor
Order of Business:
5:10 PM: Notice of Intent for dam and dike repair in bank, land under
1.
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.
Sarah stated that the applicant requested that the hearing be continued, with no
discussion, until March 10, 2010 at 5:10 pm. Upon motion by Downey and second by
th
Mason the Commission voted all in favor to continue the Hearing until March 10 at 5:10
p.m.
Gloria McPherson, Kohl Construction, appeared before the Commission and requested an
Emergency Certification for Fairway Drive for drainage swale repair. Gloria explained
that a culvert crossing in danger of failing was successfully completed in 2009, but a
drainage swale just above the headwall was not addressed. This enters the stream at too-
steep a slope, and is now eroding. The Commission discussed the project, and agreed
that the work required does not constitute an emergency as defined in the Wetlands
Protection Act regulations. Gloria requested that an enforcement order be issued, as there
is sediment and debris entering the stream. Upon motion by Valerie and second by Lisa
the Commission voted all in favor to issue an enforcement order with the conditions to
establish a work area, stabilization and planting plan, and minimum riprap size.
Land Use Regulation Amendment Discussion.
2.
Kevin opened discussion regarding land use regulations and stated that the Commission
previously invited recommendations from the hunting community regarding hunting on
conservation land. Bill Golaski, Golden Drive, stated that he didn’t have a formal
proposal but requested that Mineral Hills and Turkey Hill area be open for hunting. Bill
submitted a copy of the MA Fish & Wildlife Guide to Hunting, Fishing and Trapping and
suggested following the state’s regulations for hunting. The Commission discussed
issues including holding a public forum, safety issues and hunting seasons. Tim
questioned wildlife management and populations. Kevin suggested looking at how other
communities deal with hunting on conservation land. Kevin suggested that the
Commission read through the state hunting regulations and acquire a map of conservation
areas showing boundaries, overlays, access points, etc. to discuss further.
5:30: Northampton DPW, Request for Determination of Applicability to
3.
Determine whether water main replacement/enlargement in buffer zone to
bordering vegetated wetlands is subject to the Wetlands Protection Act and/or
Northampton Wetlands Ordinance - Old Wilson Road right-of-way.
Nicole Sanford, Environmental Scientist, DPW stated the existing water main has
deteriorated and described the proposed project along Old Wilson Rd. to Rocky Hill Rd.
and stated the work would be complete within 6-8 weeks. The Commission discussed the
project.
Joyce August, Old Wilson Rd. discussed the current deteriorating condition of the road.
Upon motion by Mason and second by Downey the Commission voted all in favor to
close the hearing. Upon motion by Valerie and second by Downey the Commission
voted all in favor to issue a Negative Determination of Applicability by checking box
two.
6:00: Request for Certificate of Compliance, Cutlery Building, Alan Verson.
4.
320-360 Riverside Drive, Parcels 30A 32, 76, and 77 - DEP Files 246-546 and 246-
593.
Lyons Witten, N.E. Environmental and Alan Verson, Cutlery Bldg. Associates
represented the project. Witten described the history of the site and status of hazardous
materials and remediation plan. Witten requested a Certificate of Compliance in order to
close out the project with the Bureau of Waste Site Cleanup who will require annual
inspections and noted that copies will be submitted to the Commission showing erosion
control and maintenance.
Sarah stated that the work has been completed as planned and amended. Several changes
were required, including several amendments and an emergency certification for work on
the bank, but the site is now stabilized. Upon motion by Mason and second by Lisa the
Commission voted all in favor to issue Certificate of Compliances for DEP Files #246-
546 and 246-593.
6:30: Continuation: Deborah Koch, Notice of Intent for an addition in the
5.
Manhan riverfront area, and buffer zone to BVW - 140 Loudville Road, Map ID 48-
DEP File 246-644.
The applicant requested a continuation until February 10, 2011, at 5:15 pm. Upon
motion by Mason and second by Valerie the Commission voted all in favor to continue
the Hearing until February 10, 2011 at 5:15 p.m.
Ordinance Restructuring
6.
The Commission discussed designating a subcommittee and will discuss this further.
Sarah noted that the administrative changes to the ordinance, which were recommended
by the Commission in the summer were passed by Council. The Commission discussed
suggested additional language regarding work within the no encroachment zone and
wetland buffer and agreed upon language to submit to City Council.
All other business
7.
Sarah noted that the CPC recommended funding of $60,000 for the Conservation
Fund; $60,000. for the APR pilot program and $85,720. for the Turkey Hill Acquisition.
Meeting Adjourned: Motion By: Second By: Unanimous:
7:10 p.m. Lisa Tim All in favor
Minutes
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
December 9 th, 2010
Members Present Time
Kevin Lake, Chair x
Lisa Fusco x arrive 5:15 pm
Mason Maronn x
Susan Carbin
Downey Meyer x left 7:00 pm
Valerie Vignaux
Tim Parshall x
Staff Present Time
Sarah LaValley x
Aleta DeLisle x
Meeting Opened At: By:
5:10 p.m. Kevin
Minutes Approved: Motion By: Second By: Unanimous:
November 18, 2010 Downey Mason All in favor
Order of Business:
5:10 P.M.
Northampton DPW, Request for Determination of Applicability to Determine
whether replacement of a wastewater pumping station in buffer zone to bordering
vegetated wetlands is subject to the Wetlands Protection Act and/or Northampton
Wetlands Ordinance. Parcel 25A-166, Bradford Street and Woodmont Road.
Jim Laurila, DPW, Ben Spada and Kirsten Ryan, SEA Consultants, Inc., represented the
project. Jim stated that they would like to replace and increase the capacity of the
wastewater pumping station. Ben presented plans and reviewed the wetland areas,
building, landscaping and restoration and noted that it would take about eight months to
complete. The Commission discussed the project. 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 Negative
Determination by checking Box 3 and checking Box 2A with standard conditions and
with the additional condition of 2 to 1 replacement of all trees removed.
5:30 P.M.
Request for Certificate of Compliance, Microcal/GE Healthcare. 22 Industrial
Drive. Parcel 19-12, DEP File 246-603.
Mickey Marcus, N.E. Environmental represented the project and stated that the work has
been completed and that they have provided funds to the city for mitigation. Sarah noted
that Wayne Fieden, Director of Planning & Development and herself visited the site and
the work is finished. Upon motion by Mason and second by Downey the Commission
voted all in favor to grant a Certificate of Compliance.
5:45 P.M.
Ratification of Enforcement Order, 492 Easthampton Road, Parcel 44-43.
Sarah noted that she had issued an Enforcement Order to 492 Easthampton Rd. due to
construction in the buffer zone without a permit. She later learned the work was a septic
system permitted by the Health Department. Frank Fournier represented the matter.
Also, in attendance were Dennis Lacourse, Title 5 Inspector and Ben Wood,
Northampton Board of Health. Frank noted that he combined two septic systems into one
and had received a permit from the Board of Health. Dennis and Ben discussed steps
leading up to the situation and presented plans of the project. Kevin suggested that he
apply formally to the Commission for the work in progress. The Commission discussed
the matter.
Upon motion by Downey and second by Mason the Commission voted to ratify the
enforcement order and to allow the septic system to be completed providing an
application be submitted to the Commission for the remaining work. Tim amended the
motion which was seconded by Downey to allow completion of the leach field only. The
motion carried unanimously.
The Commission discussed the process of issuing septic system permits with the Board of
Health and it was agreed that the Conservation Commission Planner would determine
whether the applicant needs to appear before the Commission before the Board of Health
issues a permit.
6:00 P.M.
Request for an Amendment to an existing Order of Conditions, DEP File 246-
640. Three County Fairgrounds and the City of Northampton, Fair Street, Map IDs 25C-
251, 25C-264, 32-001, 32A-249, 32A-251.
Rick Klein and Jeff Squire of Berkshire Design represented the project. Jeff presented
plans and reminded the Commission that the entire project received an Order of
Conditions from the Conservation Commission, which allows construction of Phase 1.
Jeff discussed the reasons for the Amendment including adding a walkway, relocating
show rings, addition of site utilities and stormwater management infrastructure, shed
demolition and expansion of trap rock gravel.
Jeff presented plans of the project and reviewed percentages of impervious and pervious
areas noting that the percentages of impervious areas go down, peak flows are reduced.
Jeff noted that by instituting some of the stormwater management early stormwater
management capacity is increased. Downey clarified that percentages go down because
the denominator is larger and there will be a net gain of over an acre of gross impervious
area on walks and paving. The Commission discussed the project including locations of
pervious and impervious areas and peak flow. Rick stated that they have received a
stormwater permit from DPW on the revised Phase 1.
Sarah noted that the project as a whole has been permitted, and the revised phase limits
do not change the overall site plans. The information submitted indicates that the
changes meet the requirements of the Wetlands Protection Act.
The Chair opened the hearing for public comment.
Michael Pill, Attorney, Green, Miles, Lipton & Fitz-Gibbon, representing Maria
Tymoczko distributed a Wetlands Protection Program Policies (March 1995), Amending
an Order of Conditions (DWW Policy 85-4) into record, noting that the proposed
amendment goes beyond what an amendment envisions under the Wetlands Protection
Program Policy.
Bill Shaheen, Consulting Engineer representing Maria Tymoczko reviewed points of
concern including certain modeling issues, issues involving groundwater and soil
conditions, off-site flows and the Williams Street sewer line. Bill noted that Maria is
concerned with water spillage near her property that will elevate her water table, making
her agricultural property worthless. Bill discussed his analysis of the Williams St. pipe.
Bill suggested that the Commission engage the services of a third party reviewer.
Paul Shoul, Pomeroy Terrace rents out land for agriculture and has similar concerns.
Councillor Angela Plassmann, Ward 3, read and submitted into record a letter from Maria
Tymoczko who was not available to attend the hearing, stating concerns including
increase in water run-off onto her property and believes a new Notice of Intent should be
filed.
Jerry Budgar, Bridge Street, noted his support of the project and stated concerns about
the problems and the capacity of the Williams Street Brook and hopes there will be other
solutions considered.
Councillor Angela Plassmann, Ward 3 met with neighbors who are in support of the
fairground project and stated the need to be respectful of the neighborhood.
Peter Christakos, Pomeroy Terrace, stated his yard fills up with water after a heavy rain
which is an on-going issue and asked for clarification of drainage issues at the Williams
St. brook.
Rick Klein noted that they are working on solutions for future phases of the project but
the proposed minor amendment improves stormwater conditions over both existing
conditions and original Phase 1 limits, and has been approved by the DPW.
Mary Serreze, Northampton Media asked for clarification regarding peak flow and
underground detention systems.
Rick noted that the peak flow is less. There is an overall increase in volume because of
the increase of impervious area but less water is going in at any given time because of the
additional storage space.
Attorney Michael Pill agreed this was true only if it is correct that the water table doesn’t
become higher than anticipated and that the plastic is watertight and there is no
infiltration of groundwater into the trenches and suggested looking at a complete solution
for the drainage problem in that area.
Marilyn Richards, Bridge Rd., stated that she is a member of the Planning Board and has
recused herself from the Board’s decisions relating to this project. Marilyn stated that
they are only dealing with Phase one of the project right now which is an improvement
over current conditions and expressed her support of the project.
Atty. Ed Etheredge representing the Three County Fairgrounds Redevelopment
Corporation stated that the Amendment is appropriate for consideration by the
Commission and to consider the engineering evidence by issuing an amended Order of
Conditions.
Teri Anderson, Director, Community and Economic Development, City of Northampton,
noted her satisfaction with all those involved with the work on the project and stated that
the DPW has issued the stormwater permit. Teri noted that the amendment is important
to Phase 1 so the Morgan Horse Show can continue to use the facility.
Councilor Angela Plassmann, Ward 3, requested continuing the hearing to allow
additional time to review information from the engineer.
Rick Klein stated that the DPW has issued the stormwater permit and the project has also
been permitted by the Planning Board.
Michael Pill noted that DPW works for the City and are not independent engineers and
suggested that the Commission engage a peer review engineering firm.
Teri Anderson, Director, Community and Economic Development, City of Northampton,
clarified city roles noting that her office is a separate office from regulatory offices and
boards and even though they are an advocate of the project, city regulators don’t take
pressure from her office.
Lisa Fusco discussed her comments made previously as a private citizen at a prior
Planning Board and Zoning Board meeting relative to support of the project and drainage
issues. Lisa discussed the idea of running off-site drainage under the airport runway.
Teri Anderson, Director, Community and Economic Development, City of Northampton,
recollected that the Commission asked that all feasible alternatives be considered for
future phases of the project and although money is not available now that will continue to
be priority.
Rick Klein discussed the idea of offsite drainage at the airport.
Kevin stated that the infrastructure work within the fairgrounds has reduced flow offsite
and that further offsite drainage and neighborhood issues will come at another phase.
Lisa noted that the hearing was continued during Phase 1 and that it might be worthwhile
to continue the hearing. Sarah stated that any extension from today would require
approval from the applicant.
Rick Klein noted that the information is complete and they have nothing else to submit.
Rick noted that the DPW has signed off on the change and the opponents have had time
to review the information.
Tim Parshall asked for clarification from Berkshire Design regarding existing and
proposed impervious areas.
Councilor Gene Tacy, Ward 7, stated his support of the fairgrounds and discussed
drainage issues and problems with the Williams St. brook.
Rick Klein noted that the best they can do for the pipe is to let less water in so the pipes
aren’t surcharging in any given time. Rick noted that MA has the most stringent
stormwater guidelines of any state except CA which they have complied with and gone
beyond to overcompensate.
Teri Anderson, Director, Community and Economic Development, City of Northampton,
stated that DPW exposed a manhole that goes into the Williams St. brook on the Bobala
property and thinks he was satisfied that his issues at the last hearing was resolved.
Mary Serreze, Northampton Media stated that the DPW is pursuing a comprehensive
stormwater management plan for the city and questioned whether there was
communication between other boards that are working on this.
Teri Anderson, Director, Community and Economic Development, City of Northampton
stated that DPW is considering all of that in their review of this project.
Lisa asked Berkshire Design what their timeline would be to present offsite drainage
conditions to the Commission and what their work timeline is for Phase 1 amendment if
approved.
Kevin noted that the Commission needs to determine whether the neighbors are in a
better state then they are now and stated that the peak flow is down and if it makes it no
worse and potentially better then the design is still within the framework that they found
acceptable last time.
Mason discussed whether the amount of extra work constitutes a minor change and stated
that it meets the criteria in the Wetlands Protection Program Policies (March 1995)
Amended Orders: Amending an Order of Conditions (DWW Policy 85-4) noting that the
purpose of the project hasn’t changed; the scope of the project for phase 1 only appears to
have increased; the project meets the performance standards and have been designed and
reviewed by professionals; and there is no increase in the potential for adverse effects to
the protected statutory interests. Mason noted he’s concerned with the extent of work, but
stated that there is an improvement to stormwater management. Mason noted that the
Commission needs to determine whether this is a minor change to the original plan and if
not it will require a Notice of Intent.
Sarah noted that when she did her staff review, she considered that the project as a whole
had already been approved by the Commission and this is just a change to Phase 1.
Kevin noted that some work has been moved from a later phase to an earlier phase and is
a project change. Mason stated if you look at it as a whole it would be a minor change.
Kevin stated that the language in Maria’s letter referred to conditions #38-43 and
condition #43 states that the order is for the entire project, however, no work except
Phase 1 can take place. Kevin stated the Commission must determine whether moving
some later phase work into Phase 1 when an order of conditions for the entire project
exists would be a major change or minor change according to the DEP policy. Mason
stated on the whole project it would be a minor change. Kevin agreed.
Upon motion by Tim and second by Mason the Commission voted all in favor to close
the hearing. The Commission discussed the project. Tim noted his concern that the
proposed amendment to Phase 1 affects drainage, however it is a benefit. Kevin noted
the DEP policy indicates that relatively minor changes which result in the same or
decreased impact on the interest protected by the act are appropriate for amendment. Tim
and Kevin stated it meets that criteria. Mason stated if they take the project as a whole
and issued the Order of Condition as a whole it is a minor change. Kevin agreed. Kevin
reminded everyone that the on-going consensus of the Commission is to not to allow
anything that would worsen the current situation. Kevin stated that the applicant still
needs to come back to the Commission for future phases of work.
Upon motion by Mason and second by Lisa the Commission voted all in favor to issue an
amendment to the Order of Conditions, amending Condition 43 to reflect current Phase 1
limits.
Review of Updated Memorandum of Understanding with Broad Brook Coalition.
Sarah reviewed the Memorandum of Understanding with the Commission. Upon motion
by Mason and second by Tim the Commission voted all in favor to approve the
Memorandum of Understanding.
Executive Session to discuss land acquisition.
Upon motion by Kevin and second by Mason the Commission voted all in favor by roll
call vote to enter into Executive Session for land acquisition purposes.
Upon motion by Mason and second by Lisa the Commission voted all in favor to end
Executive Session and return to Regular Session at 8:10 p.m.
Land Use Regulation Discussion (postponed).
Meeting Adjourned: Motion By: Second By: Unanimous:
8:10 p.m. Mason Tim All in favor
Minutes – Executive Session
Northampton Conservation Commission
Hearing Room 18, City Hall, Northampton, Mass.
December 9 th, 2010
Members Present Time
Kevin Lake, Chair x
Lisa Fusco x
Mason Maronn x
Susan Carbin
Downey Meyer
Valerie Vignaux
Tim Parshall x
Staff Present Time
Sarah LaValley x
Aleta DeLisle x
Meeting Opened At: By:
Minutes Approved: Motion By: Second By: Unanimous:
Order of Business:
Executive Session to discuss land acquisition.
Upon motion by Kevin and second by Mason the Commission voted all in favor by roll
call vote to enter into Executive Session at 8:05 p.m. for land acquisition purposes.
Sarah discussed the option of buying a parcel of backland owned by the Girlscouts of
Western Mass. off Route 9 in Leeds which had been discussed previously by the
Commission. Sarah stated the purchase price for 23 acres was $23,000. Upon motion by
Lisa and second by Mason the Commission voted all in favor to proceed with the
purchase.
Upon motion by Mason and second by Lisa the Commission voted all in favor to end
Executive Session and return to Regular Session at 8:10 p.m.