Loading...
Conservation Commission Minutes 20091► I I Le 131 pTanning * conservation * zoning * housing partnership 9 redevelopment * northampton GIS economic development e community developmente historic 9 community preservation e central business architecture Bruce Young, Land Use and Conservation Planner * BYoung@NorthamptonMA.gov * 413-587-1263 Northampton Conservation Commission 2009 Meeting Schedule Time: 5:30 PM Place: City Hall Hearing Room (use back door or main Crafts Avenue door) 2 nd floor, 210 Main Street, Northampton For more information: Bruce W. Young, Land Use and Conservation Planner byoung*northamptonma.gov 2/12/2009 2/26/2009 3/12/2009 3/26/2009 4/23/2009 5/14/2009 5/28/2009 6/11/2009 6/25/2009 7/9/2009 7/23/2009 8/13/2009 8/27/2009 9/10/2009 9/24/2009 10/8/2009 10/22/2009 11/12/2009 12/10/2009 City Hallo 210 Main Street, Room 11 e Northampton, MA 01060 * www.NorthamptonMa.gov e Fax 413-587-1264 original printed on recycled paper ARM I +�I uMIN Tanning conservation zoning housing partnership 9 redevelopment * nort ton GIS economic development e community developmente historic * community preservation e central business architecture Bruce Young, a se and Conservation Planner * BYoung@NorthamptonMA.gov *413-587-1263 Northampton Conservation Commission Agenda Date: Thursday January 8, 2009 Time: 5:30 PM Place: City Hall Hearing Room (use back door or main Crafts Avenue door) 2"d floor, 210 Main Street, Northampton For more information: Bruce W. Young, Land Use and Conservation Planner byoung@northamptonma.gov Agenda 5:30 PM Notice of Intent filed by Jim Harrity on behalf of EBD Corp. for the construction of a mixed use building, associated parking areas, driveways, sidewalks, utilities, landscaping and stormwater management system. Project is proposed to take place in the 100-foot buffer zone of Bordering Vegetated Wetlands. Project location is 225 Nonotuck Street, Map Id 23A-281. 6:00 PM Notice of Intent filed by Smith College for the relocation of a tennis court, creation of a synthetic playing field, and the paving of an existing gravel parking lot. Work is proposed to take place in Riverfront Area. Project location is College Lane at Smith College, Map Id 31 G 15. 6:15 PM Continuation of a Notice of Intent filed by Tofino Associates, Inc. and Northern Avenue Homes, Inc. for the construction of twenty-five dwelling units and associated roadways, parking areas, driveways, sidewalks, utilities, landscaping and stormwater management system. Project is proposed to take place in the 100-foot buffer zone of Bordering Vegetated Wetlands. Project location is Northern Avenue, Map Id 25C-12 and 25C-17. Other Business: Request for Certificate of Compliance filed by Deno Dudunake for a drive constructed at Grandview Lane, Map ID 51-020, DEP File #246-550. All other business City Hallo 210 Maint r t . original printed on recycled paper Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. January 8 2009 Members Present Time Paul Wetzel, Chair x Lisa Fusco x Mason Maronn Susan Carbin x Leslie King Kevin Lake x Downey Meyer x Staff Present Time Bruce Young x Aleta DeLisle x At: 1 5:33 P.m. I Paul I Minutes Approved: Motion By: Second By: Unanimous: 1211112008 1 Kevin I Lisa I all in favor Order of Business: 5:30 PM Notice of Intent filed by Jim Harrity on behalf of EBD Corp. for the construction of a mixed use building, associated parking areas, driveways, sidewalks, utilities, landscaping and stormwater management system. Project is proposed to take place in the 100-foot buffer zone of Bordering Vegetated Wetlands. Project location is 225 Nonotuck Street, Map Id 23A-281. Jim Harrity, EBD Corp. presented plans of the buildings and reviewed layout and parking areas. Jim discussed the drainage system and Bruce reviewed concerns from DPW and discussed options of addressing them. Jim questioned the right to mow the "no disturb area". The Commission stated that with new construction the "no disturb area" can't be mowed. Jim noted that both the CPC and Historical Commission supportthe project. Paul opened the hearing for public comment. Tris Metcalfe discussed the historic style of the building and stated that the area close to the building needs to be a dry surface. Sue and Lisa suggested having a visual reminder of the no disturb area. Craig Della Penna, member Historical Commission and CPC stated that he believes residents will respect the wetland boundaries and that "no activities in the buffer area" language can be incorporated into the condominium documents. Downey suggested planting native wetland species within the site for restoration. Lisa Maloney questioned the distance of the barn to the wetland. Matt McDonough spoke in support of the project. The Commission discussed their concerns of the proximity of the building to the 10' no disturb area, egress from the building and the potential of activities occurring in the buffer zone and the possibility of objects being left in that area. The Commission discussed possible options in revising the plan including Paul's suggestion to move the building back five feet. Bruce stated the revised plan needs to include a planting plan; showing they're not draining groundwater; markers at 10' buffer; show removing suspended solids, a covenant including an annual report to the Commission showing no encroachment. Upon motion by Sue and second by Downey the Commission voted all in favor to continue the hearing to January 22, 2009 @ 5:30 p.m. 6:00 PM Notice of Intent filed by Smith College for the relocation of a tennis court, creation of a synthetic playing field, and the paving of an existing gravel parking lot. Work is proposed to take place in Riverfront Area. Project location is College Lane at Smith College, Map Id 31C-15. John Robinson, Smith College and Nathan Collins, Gale Associates represented the project. Nathan stated that he received a letter from Natural Heritage stating there were no adverse effects of habitat and reviewed DEP comments. Nathan presented plans showing wetlands and stated that the majority of work is in the riverfront area. Nathan stated they are proposing a synthetic playing field, removal of tennis court and reconstruction, paving the existing parking lot and creating a new parking lot. Nathan stated they will be creating a small infiltration basin and discussed stormwater runoff. Paul questioned the amount of water that will infiltrate. Bruce questioned the type of synthetic material. Nathan stated life expectancy is 15 years with a warranty of eight years. Bruce stated that they will need to afill out a stormwater application with DPW and obtain a lighting permit from the Planning Board. The Commission discussed drainage and comments from DEP. Downey stated if the applicant is calling the project a redevelopment project it needs to meet that definition under the wetlands protection act. Bruce stated that they need to submit test pit information. Upon motion by Sue and second by Lisa the Commission voted all in favor to continue the hearing to January 22, 2009 @ 6:00 p.m. 6:15 PM Continuation of a Notice of Intent filed by Tofino Associates, Inc. and Northern Avenue Homes, Inc. for the construction of twenty-five dwelling units and associated roadways, parking areas, driveways, sidewalks, utilities, landscaping and stormwater management system. Project is proposed to take place in the 100-foot buffer zone of Bordering Vegetated Wetlands. Project location is Northern Avenue, Map Id 25C-12 and 25C-17. Doug Kohl, Tofino Associates appeared before the Commission. Doug stated that he didn't have his revised plans yet and scheduled a site visit with the Commission. Upon motion by Sue and second by Lisa the Commission voted all in favor to continue the hearing until January 22, 2009 @ 6:30 p.m. Alan Seawald, Arty. for the neighborhood residents requested that the Commission look at the house on site at View Ave. for flooding in the basement. As there was no new information and a previous member was absent from the hearing, the Chairman didn't open it for public comment. Adam Cohen, asked if the public could attend the site visit. Doug stated he would allow two people to come on site. Other Business: Upon motion by Sue and second by Downey the Commission voted all in favor to issue a Certificate of Compliance to Deno Dudunake for a drive constructed at Grandview Lane. Upon motion by Downey and second by Sue the Commission voted all in favor to issue a Certificate of Compliance to Tom Batchus of Loudville Road. Upon motion by Sue and second by Kevin the Commission voted all in favor to authorize Wayne Feiden, Director, Planning & Development to use previously approved CPA funds for $10,000. for a taking and survey costs on Turkey Hill Road. Upon motion by Sue and second by Kevin the Commission voted all in favor to authorize the Office of Planning and Development on behalf of the Conservation Commission to apply for CPA funds for two projects: 1) funds to purchase future Conservation land 2) funds to use for soft/hard costs for the Conservation fund. Jim & Michelle Finley of Ellington Road appeared before the Commission regarding their encroachment on City property. The Commission offered them a three year lease in exchange for mowing a small wetland viewing area. At the end of the three year lease the portion of City property will grow back to it's natural state. The Finley's discussed the amount of people that view that area. Paul suggested exploring the possibility of starting a neighborhood group. Downey suggested the possible use of CPA money for a viewing area. Elections: Paul nominated Kevin as Chairman and Lisa as Vice -Chairman to the Conservation Commission. Sue seconded the nomination and the Commission voted all in favor. Meeting Adjourned: Motion By: Second By: Unanimous: 8:05 n.m. I Lisa I Sue I all in favor ARM I +�I uMIN Tanning conservation zoning housing partnership 9 redevelopment * nort ton GIS economic development e community developmente historic * community preservation e central business architecture Bruce Young, a se and Conservation Planner * BYoung@NorthamptonMA.gov *413-587-1263 Northampton Conservation Commission Agenda Date: Thursday January 22, 2009 Time: 5:30 PM Place: City Hall Hearing Room (use back door or main Crafts Avenue door) 2"d floor, 210 Main Street, Northampton For more information: Bruce W. Young, Land Use and Conservation Planner byoung@northamptonma.gov Agenda Approval of Minutes for 01/08/2009 5:30 PM Continuation of a Notice of Intent filed by Jim Harrity on behalf of EBD Corp. for the construction of a mixed use building, associated parking areas, driveways, sidewalks, utilities, landscaping and stormwater management system. Project is proposed to take place in the 100- foot buffer zone of Bordering Vegetated Wetlands. Project location is 225 Nonotuck Street, Map Id 23A-281. 6:00 PM Continuation of a Notice of Intent filed by Smith College for the relocation of a tennis court, creation of a synthetic playing field, and the paving of an existing gravel parking lot. Work is proposed to take place in Riverfront Area. Project location is College Lane at Smith College, Map Id 31 C-15. 6:30 PM Continuation of a Notice of Intent filed by Tofino Associates, Inc. and Northern Avenue Homes, Inc. for the construction of twenty-five dwelling units and associated roadways, parking areas, driveways, sidewalks, utilities, landscaping and stormwater management system. Project is proposed to take place in the 100-foot buffer zone of Bordering Vegetated Wetlands. Project location is Northern Avenue, Map Id 25C-12 and 25C-17. Other Business: Discussion on Conference for Improving Water Quality and Habitat Values in Vernal Pools Discussion on conceptual framework of 2009 Conservation Commission meetings All other business City Hallo 210 Maint r t . original printed on recycled paper Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. January 22, 2009 Members Present Time Kevin Lake, Chair x Lisa Fusco x 9:00 left Mason Maronn Susan Carbin x Leslie King Paul Wetzel x Downey Meyer x Staff Present Time Bruce Young x Aleta DeLisle x Meeting Opened At: By: 5:33 P.m. I Kevin Minutes Approved with correction: Motion By: Second By: Unanimous: January e. 2009 Lisa I Downev I all in favor Order of Business: Kevin introduced himself as the newly elected Chair of the Commission and reviewed the mission of the Conservation Commission and their areas of purview. 5:30 PM Continuation of a Notice of Intent filed by Jim Harrity on behalf of EBD Corp. for the construction of a mixed use building, associated parking areas, driveways, sidewalks, utilities, landscaping and stormwater management system. Project is proposed to take place in the 100-foot buffer zone of Bordering Vegetated Wetlands. Project location is 225 Nonotuck Street, Map Id 23A-281. Jim Harrity, EBD Corp. appeared before the Commission and reviewed the remaining items that needed to be addressed. Jim stated that he satisfied DPW concerns regarding stormwater issues. Bruce spoke with DPW who will be on site along with a Conservation Commission representative when the stormwater trench is dug in determining if they need to come back to the Commission. Bruce reviewed language of the draft covenant stating that annual reports will be required stating the status of the encroachment area and reporting requirements. Jim stated that he moved the building five feet away from the no encroachment line and three feet away from the no encroachment line at the corners. Jim reviewed his planting plan using a N.E. wildlife mix. The Commission discussed various planting plan options including types of plantings, shrubs, a canopy of trees; taking into consideration improving the existing wetlands and wildlife habitat; the ability to create a physical barrier at the no encroachment line and the means of least maintenance. Paul suggested that the applicant work with someone who has experience with native plantings. Types of markers at the no encroachment line were discussed. Tris Metcalfe suggested signs and bollards. Jim suggested a fence. Bruce recommended placing boulders 2' apart, 4' in diameter. Paul suggested a split rail fence. Downey suggested granite posts and recommended that the marker have a lifetime of at least 50 years without maintenance. Upon motion by Paul and second by Downey the Commission voted all in favor to close the hearing. Upon motion by Paul and second by Sue the Commission voted all in favor to issue an Order of Conditions with general conditions #1-32 and the following additional conditions: 1) The covenant include the requirement of annual inspections and reports to the Commission. 2) The applicant provide a planting plan for the encroachment area and wetlands that needs to include shrubbery that doesn't die back in the winter which can include grasses and plantings. The plan must meet the approval of the Commission. 3) Snow storage to be down gradient of the wetlands. Place boulders 2' apart, 4' in diameter at the front west corner of the building. 4) Boundary markers expected to last at least 50 years without maintenance subject to the approval of the Commission. 5) On site requirement for stormwater construction period —that a Commission representative be present when digging a stormwater trench. 6:00 PM Continuation of a Notice of Intent filed by Smith College for the relocation of a tennis court, creation of a synthetic playing field, and the paving of an existing gravel parking lot. Work is proposed to take place in Riverfront Area. Project location is College Lane at Smith College, Map Id 31C-15. Upon motion by Sue and second by Lisa the hearing was continued until February 261h @ 5:30 p.m. 6:30 PM Continuation of a Notice of Intent filed by Tofino Associates, Inc. and Northern Avenue Homes, Inc. for the construction of twenty-five dwelling units and associated roadways, parking areas, driveways, sidewalks, utilities, landscaping and stormwater management system. Project is proposed to take place in the 100-foot buffer zone of Bordering Vegetated Wetlands. Project location is Northern Avenue, Map Id 25C-12 and 25C-17. Doug Kohl and Gloria McPherson of Kohl Construction and Brian D'Amold and Michael Liu of Berkshire Design represented the project. Doug presented revised plans to the Commission and presented before and after plans of activities that have been taken out of the 35' no encroachment zone except for the bio- retention basin. The applicant and Commission discussed details of the bioretention basin, operation and maintenance. The Commission discussed snow storage and ban and enforcement of the use of salt and chemicals. Kevin opened the hearing for public comment. The following people spoke regarding their concerns and/or opposition of the project. Jim Nash, Ward 3 Neighborhood Assoc., stated his concerns about the impact on wetlands, habitat and the overall quality of life. Jono Neiger, Ecologist & Biologist, representing the North St. Neighborhood Assoc. discussed requirements of the wetlands ordinance and stated that the project doesn't meet extraordinary mitigation requirements. Johno stated his concerns with groundwater issues and suggested that the Commission hire someone to look at the hydrological issues. Arty. Alan Seawald, representing the North St. Neighborhood Association, stated his concerns about maintainence of the bioretention basin in the future and that it shouldn't be up to the City to police. Adam Cohen, North St. Neighborhood Association and resident, stated his concerns about safety and maintenance of stormwater basins and submitted the following materials into the record: 1) Letters from Irene Carlberg, Noreen Beebe and Donna Cavanagh in opposition of the project. 2) Letter from Bryan Windmiller, Ph.D., Wildlife and Wetland Ecologist, HYLA ecological. 3) Report by Mike Kirby, "Carlon Drive: Compensatory Wetland Not Working". 4) Report by Mike Kirby, "The Meadowbrook Chronicles Part One". 5) Medicine News Today, "Roundup (reg) highly lethal to amphibians, finds University of Pittsburgh researcher". 6) Executive Office of Environmental Affairs, "Connecticut River 5-Year Watershed Action Plan 2002-2007". 7) Washington State Dept. of Ecology, "Wetland Buffers: Use and Effectiveness". 8) Environmental Law Institute, "Planner's Guide to Wetland Buffers for Local Governments". 9) USGS, "Water Quality Trends in New England Rivers During the 20t' Century". Lawrence Tatro, Bridge St., owns a home on North St. stated his concerns with water in his basement and concerns with the use of herbicides to kill invasive species. Doug stated he needs to obtain stormwater calculations and would like to continue the public hearing. Doug questioned whether the Commission felt connection to the bike path would be beneficial. Doug discussed eradicating invasive species and the timetable it would take to do so. The Commission discussed the bioretention basin as a valuable part of the project but to re -locate it outside of the 35' no encroachment zone and stated their concerns with the density of the project within the 100' buffer. A discussion took place on what constitutes extraordinary measures. The general consensus of the Commission was that they didn't see any reason or extraordinary measures to go beyond the 35' encroachment line and suggested coming back to the Commission with revised plans. The Commission discussed establishing regular agenda items for exploring principles, issues, technical matters, decision rules, etc. independent from the discussion of any case. Upon motion by Paul and second by Sue the Commission voted all in favor to continue the public hearing to February 26t , 2009 @ 6:00 p.m. Meeting Adjourned: Motion By: Second By: Unanimous: 9:03 p.m. I Sue I Paul I all in favor ARM I +�I uMIN Tanning conservation zoning housing partnership 9 redevelopment * nort ton GIS economic development e community developmente historic * community preservation e central business architecture Bruce Young, a se and Conservation Planner * BYoung@NorthamptonMA.gov *413-587-1263 Northampton Conservation Commission Agenda Date: Thursday February 12, 2009 Time: 5:30 PM Place: City Hall Hearing Room (use back door or main Crafts Avenue door) 2"d floor, 210 Main Street, Northampton For more information: Bruce W. Young, Land Use and Conservation Planner byoung@northamptonma.gov Agenda Approval of Minutes for 01/22/2009 5:30 PM Request for Determination of Applicability filed by the Massachusetts Highway Department for resurfacing and related work on approximately one mile of Route 10 beginning at the Easthampton Town Line. Work is proposed to take place in buffer zone to Bordering Vegetated Wetlands and Riverfront Area. 6:00 PM Request for Determination of Applicability to determine whether the boundaries of resource areas depicted on the plan are accurately delineated and whether the work proposed is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is 15 West Street, Map ID 03-019. Other Business: Discussion on Conservation Commission meeting protocol Discussion on forming a subcommittee for Northampton Wetlands Ordinance Revisions Discussion on Conference for Improving Water Quality and Habitat Values in Vernal Pools and Massachusetts Association of Conservation Commissions Annual Environmental Conference All other business: City Hallo 210 Maint r t . original printed on recycled paper Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. February 12 2009 Members Present Time Kevin Lake, Chair x Lisa Fusco Mason Maronn x Susan Carbin x Kristine Baker x Paul Wetzel x Downey Meyer x Staff Present Time Bruce Young x Aleta DeLisle x At: 1 5:30 P.m. I Kevin I Minutes Approved: Motion By: Second By: Unanimous: 1122109 Sue Paul all in favor 4110109 exec. session Sue Paul all in favor vote to release Order of Business: 5:30 PM Request for Determination of Applicability filed by the Massachusetts Highway Department for resurfacing and related work on approximately one mile of Route 10 beginning at the Easthampton Town Line. Work is proposed to take place in buffer zone to Bordering Vegetated Wetlands and Riverfront Area. Timothy Meyer, MA Highway described the proposed work. Meyer noted that National Heritage and Endangered Species Program allowed a 4' exemption from the pavement. Meyer stated they will use erosion control if any paved waterways need to be rebuilt. The Commission discussed tree trimming. Paul questioned the type of curb replacement. Meyer noted it would be replaced with the same type. Upon motion by Paul and second by Sue the Commission voted all in favor to issue a Determination of Applicability adding general conditions #1-32 and that an erosion control plan must be submitted if there is any excavation work proposed in any area of Conservation Commission jurisdiction and that said plan is to be submitted prior to the pre -construction meeting. Bruce introduced Kristine Baker as a new member of the Conservation Commission. 6:00 PM Request for Determination of Applicability to determine whether the boundaries of resource areas depicted on the plan are accurately delineated and whether the work proposed is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is 15 West Street, Map ID 03-019. Mark Reed, Heritage Surveys described the history and layout of the property with the Commission and reviewed plans. Mark stated that no work is proposed within the 100' buffer zone and the limit of work line is outside of the 100' buffer zone. Mark noted that he will be filing with the Hatfield Conservation Comm. and Hatfield Planning Board. The Commission reviewed the 1999 delineation and accepted the current delineation noting that from Mason's past knowledge of the site that the work is well away from the work area and Bruce noted that two wetland scientists agreed the work is outside of the 100' buffer. Upon motion by Mason and second by Downey the Commission voted all in favor to close the hearing. Upon motion by Sue and second by Mason the Commission voted all in favor to issue a negative Determination of Applicability by checking box 1A for the work and a positive Determination of Applicability by checking box 2A for the boundary delineation. Other Business: Discussion on Conservation Commission meeting protocol: Kevin reviewed with the Commission a standard protocol for Conservation Commission meetings and made changes/additions as discussed. Discussion on forming a subcommittee for Northampton Wetlands Ordinance Revisions: A subcommittee was formed to make recommendations for the Northampton wetlands ordinance revisions. Downey, Bruce and Mason will be on the Committee and draft language for the Commission's review. Discussion on Conference for Improving Water Quality and Habitat Values in Vernal Pools and Massachusetts Association of Conservation Commissions Annual Environmental Conference: Bruce informed the Commission of the two upcoming conferences. Upon motion by Sue and second by Paul the Commission voted to enter into Executive Session by roll call vote (all in favor 6; opposed 0) at 7:18 p.m. to discuss personnel and attendance issues and land acquisition. Upon motion by Paul and second by Sue the Commisson voted to end Executive Session and return to regular session by roll call vote (all in favor 6; opposed 0) at 7:30 p.m. Bruce stated that the CPC approved the project for connection at Jackson St. for the bikepath. Bruce noted that Wayne Feiden, Director, Office of Planning & Development, asked if the Commission would use the 2004 OOC data to file the permit. Because just the buffer area was shown on the plan and all work would be outside the 50' buffer the Commission agreed to let Bruce modify the plan to show the wetlands. Meeting Adjourned: Motion By: Second By: Unanimous: 7:40 P.m. I Sue I Downev I all in favor ARM I +�I uMIN Tanning conservation zoning housing partnership 9 redevelopment * nort ton GIS economic development e community developmente historic * community preservation e central business architecture Bruce Young, a se and Conservation Planner * BYoung@NorthamptonMA.gov *413-587-1263 Northampton Conservation Commission Agenda Date: Thursday February 26, 2009 Time: 5:30 PM Place: City Hall Hearing Room (use back door or main Crafts Avenue door) 2"d floor, 210 Main Street, Northampton For more information: Bruce W. Young, Land Use and Conservation Planner byoung@northamptonma.gov Agenda Approval of Minutes for 02/12/2009 5:30 PM Continuation of a Notice of Intent filed by Smith College for the relocation of a tennis court, creation of a synthetic playing field, and the paving of an existing gravel parking lot. Work is proposed to take place in Riverfront Area. Project location is College Lane at Smith College, Map Id 31 C-15. 5:45 PM Notice of Intent filed by Nitsch Engineering on behalf of the Massachusetts State Police for the installation of bollards, lights and conduit along the perimeter of existing paved areas. Work is proposed to take place in Riverfront Area and the 100-foot Buffer Zone to Bordering Vegetated Wetlands. Project location is 555 North King Street, Map ID 13-045. 6:00 PM Continuation of a Notice of Intent filed by Tofino Associates, Inc. and Northern Avenue Homes, Inc. for the construction of twenty-five dwelling units and associated roadways, parking areas, driveways, sidewalks, utilities, landscaping and stormwater management system. Project is proposed to take place in the 100-foot buffer zone of Bordering Vegetated Wetlands. Project location is Northern Avenue, Map Id 25C-12 and 25C-17. Other Business: All other business: City Hallo 210 Maint r t . original printed on recycled paper Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. February 26,2009 Members Present Time Kevin Lake, Chair x Lisa Fusco x Mason Maronn x Susan Carbin x Kristine Baker x Paul Wetzel x Downey Meyer x Staff Present Time Bruce Young x Aleta DeLisle x At: 1 5:30 P.m. I Kevin I Minutes Approved with corrections: Motion By: Second By: Unanimous: 2112109Regular Sue Lisa all in favor Session 2112109 Executive Session Sue Paul all in favor Order of Business: 5:30 PM Continuation of a Notice of Intent filed by Smith College for the relocation of a tennis court, creation of a synthetic playing field, and the paving of an existing gravel parking lot. Work is proposed to take place in Riverfront Area. Project location is College Lane at Smith College, Map Id 31C-15. Upon motion by Sue and second by Lisa the Commission voted all in favor to continue the hearing until March 12'' @ 5:45 p.m. Other Business: Jim Harrity, EBD Corp.and Ann Wellington, Wellington Landscape & Design presented a planting plan for 225 Nonotuck Street to the Commission. Ann reviewed the types of trees and plantings with the Commission and noted that they will be removing invasive species. Bruce questioned whether the dogwood species would survive. Ann stated that they will use a split rail fence for the limit of work line. Upon motion by Sue and second by Lisa the Commission voted all in favor to approve the planting plan with the stipulation that the plantings would be replaced if they don't survive two growing seasons. Also, that the fence would be replaced if damaged. 5:45 PM Notice of Intent filed by Nitsch Engineering on behalf of the Massachusetts State Police for the installation of bollards, lights and conduit along the perimeter of existing paved areas. Work is proposed to take place in Riverfront Area and the 100-foot Buffer Zone to Bordering Vegetated Wetlands. Project location is 555 North King Street, Map ID 13-045. Karen Breslawski, Earthtech and Chelsea Christenson, Nitsch Engineering represented the project. Paul questioned the type of lighting proposed. Karen stated similar to a typical light pole with the light directed towards the site. Bruce suggested contacting the Senior Planner at the Planning Dept. for any lighting ordinances and preferred lighting types. Bruce reviewed DEP comments. Upon motion by Sue and second by Downey the Commission voted all in favor to close the hearing. Upon motion by Sue and second by Lisa the Commission voted all in favor to issue an Order of Conditions with general conditions #1-32. 6:00 PM Continuation of a Notice of Intent filed by Tofino Associates, Inc. and Northern Avenue Homes, Inc. for the construction of twenty-five dwelling units and associated roadways, parking areas, driveways, sidewalks, utilities, landscaping and stormwater management system. Project is proposed to take place in the 100-foot buffer zone of Bordering Vegetated Wetlands. Project location is Northern Avenue, Map Id 25C-12 and 25C-17. Doug Kohl and Gloria McPherson of Kohl Construction and Brian D'Amold and Michael Liu of Berkshire Design represented the project. Michael presented plans noting reduction of two units and better green space areas. Michael stated that all work is out of the 35' buffer except for native species plantings as part of the buffer. Michael and Brian discussed drainage systems and removal of one rain garden. Michael noted that they meet DEP standards for stormwater. The Commission discussed maintenance and access of the systems. Bruce and Paul recommended getting DEP sign -off on stormwater permit. The Commission discussed the location and removal of invasive species. Doug will come back to the Commission with a removal plan. The Commission discussed the following items with the applicant: 1) Types of Barrier along Limit of Disturbance Line — Doug will bring a plan back to the Commission. 2) Covenant that states snow shall not be stored in wetlands, buffer zones or storm water control areas. Doug discussed where he would store snow outside of the 100' buffer and will address the back part of the snow pile by grading it. 3) Barrier along areas where wetlands or stormwater controls are adjacent to streets or sidewalks. Bruce recommended putting bollards in front of rain garden. 4) Covenant that states road salt or chemicals shall not be used on any property. An annual signoff of this requirement by the homeowners association shall be provided to the Conservation Commission by October 1" 5) Covenant that states annual inspection report of the No -Disturb Area shall be submitted to the Conservation Commission by October 1st. Discussion ongoing. 6) Applicant provide a five year invasive removal plan for the entire site. Funding or covenant requiring funding by the Homeowners Association shall be required to implement the plan. Annual reports on the invasive removal project shall be submitted to the Conservation Commission by October 1st. Discussion ongoing. 7) Applicant replaces the proposed rip -rap outlet structures with a material that provides enhanced habitat value. 8) All sidewalks and bike paths shall be constructed of pervious pavers or pervious pavement. Discussion ongoing. The applicant may need to come back to the Commission after Planning Board review. 9) Above ground cisterns and rain barrels that could be used to catch and store some of the roof runoff. Discussion ongoing. 10) Street sweeping should be conducted two to four times per year. The Chair opened the hearing for public comment. Lisa Maloney, North St., stated concerns about wildlife habitat; preference to a barrier of boulders for the limit of work line and safety concerns of the detention basin. Alan Seewald, Arty. representing North St. Neighborhood Association stated concerns regarding drainage, density of the project, buffer zones and interpretation of the ordinance and suggested the applicant submit a plan moving the buffer zone to 50'. Jono Neiger, Ecologist & Biologist representing the North St. Neighborhood Association discussed his concerns about the density of the project and buffer zones, drainage, parking and changes in hydrology from removal of trees and change in habitat. Jono submitted a water calculation sheet into record. Brian Windmiller, Hyla Ecological, stated concerns regarding density of project, buffer zones and interpretation of the ordinance, removal of invasive species and removal of trees. Lawrence Tatro, resident Bridge St., homeowner at North & View Ave. stated concerns about existing water problems and removal of trees. Adam Cohen, North St. Neighborhood Assoc. and resident stated his concerns regarding effects of buffer zones less then 50' and concerns about drainage. Adam submitted the following material into record: North St. Neighborhood Assoc., "Mosquito Control Practices Near Wetlands: Methods, Risks and Limits". North St. Neighborhood Assoc., "Degraded Wetlands Can Get a Lot Worse". North St. Neighborhood Assoc., "The Role and Function of Forest Buffers in the Chesapeake Bay Basin for Nonpoint Source Management". North St. Neighborhood Assoc., "Glyphosate Factsheet: Unwanted Impacts". North St. Neighborhood Assoc., "Japanese Knotweed and Multiflora Rose: Is Herbicide the Answer?". North St. Neighborhood Assoc., "Herbicide Caution: Glyphosate Use May Damage Woody Plants". North St. Neighborhood Assoc., Northampton's Flood and Natural Hazard Mitigation Plan: Floyd Flood Damage Reported Behind View Avenue; Avoid Building on Filled Wetlands". City of Northampton, Office of Planning and Development, "Flood and Natural Hazard Mitigation Plan". Bruce stated that stormwater calculations still need to be reviewed by DPW. Kevin is o.k. with some version of the plan. Paul and Mason would like to address the history of fill and previous disturbance. Downey considered whether there is significant benefit moving the buffer zone from 35' to 50'. Upon motion by Mason and second by Paul the Commission voted all in favor to continue the hearing until March 121' @ 6:15 p.m. Other Items: The Commission voted to close out a $50,000. grant from U.S. Fish & Wildlife that was used towards purchase of a parcel of land off Sylvester Rd. and a Turkey Hill Rd. parcel. Upon motion by Paul and second by Mason the Commission voted all in favor that the money was spent as proposed to preserve the two parcels of land. Kevin will ask the Mayor for an extension of Paul's term in order to attend the duration of a particular hearing. Meeting Adjourned: Motion By: Second By: Unanimous: 8:55 n.m. I Sue I Lisa I all in favor ARM I +�I uMIN Tanning conservation zoning housing partnership 9 redevelopment * nort ton GIS economic development e community developmente historic * community preservation e central business architecture Bruce Young, a se and Conservation Planner * BYoung@NorthamptonMA.gov *413-587-1263 Northampton Conservation Commission Agenda Date: Thursday March 12, 2009 Time: 5:30 PM Place: City Hall Hearing Room (use back door or main Crafts Avenue door) 2°d floor, 210 Main Street, Northampton For more information: Bruce W. Young, Land Use and Conservation Planner byoung@northamptonma.gov Agenda Approval of Minutes for 02/26/2009 5:30 PM Request for Determination of Applicability filed by the City of Northampton to determine whether the construction of an accessible link from the existing paved bike path to Jackson Street and the construction of a sidewalk from the bikepath to Barrett Street is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is Jackson Street Map ID 24A-53, 24A-54, 24A-55 and 24A-237. 5:45 PM Continuation of a Notice of Intent filed by Smith College for the relocation of a tennis court, creation of a synthetic playing field, and the paving of an existing gravel parking lot. Work is proposed to take place in Riverfront Area. Project location is College Lane at Smith College, Map Id 31 C-15. 6:00 PM Request for an Extension of an Order of Conditions by the City of Northampton, Office of Planning and Development for the construction of the Manhan Rail Trail -Earle Street to Easthampton Section. Work will take place in Riverfront Area and buffer zone of Bordering Vegetated Wetlands. Project location is 31D-245, 38C-76, and 44-57. DEP File #246-590. 6:15 PM Continuation of a Notice of Intent filed by Tofino Associates, Inc. and Northern Avenue Homes, Inc. for the construction of twenty-five dwelling units and associated roadways, parking areas, driveways, sidewalks, utilities, landscaping and stormwater management system. Project is proposed to take place in the 100-foot buffer zone of Bordering Vegetated Wetlands. Project location is Northern Avenue, Map Id 25C-12 and 25C-17. All other business: City Hallo 210 Maint r t . original printed on recycled paper Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. March 12, 2009 Members Present Time Kevin Lake, Chair x Lisa Fusco x Mason Maronn x Susan Carbin x Kristine Baker x Paul Wetzel x Downey Meyer x Staff Present Time Bruce Young x Aleta DeLisle x At: 1 5:33 P.m. I Kevin I Minutes Approved with correction: Motion By: Second By: Unanimous: Feb. 26. 2009 Paul I Sue I all in favor Order of Business: 5:30 PM Request for Determination of Applicability filed by the City of Northampton to determine whether the construction of an accessible link from the existing paved bike path to Jackson Street and the construction of a sidewalk from the bikepath to Barrett Street is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is Jackson Street Map ID 24A-53, 24A-54, 24A-55 and 24A-237. Bruce reviewed plans, history of the project and wetland area with the Commission. Bruce stated that no work will be done within 60' of the wetlands and that the Commission had given prior approval in 2004 for the project. The Commission discussed the project. Members of the public Yvonne Boucher, Jackson St. and Mike Kirby, Summer St. stated their support of the project. Joyce Gare, Jackson Street questioned the location of wetlands and land contribution from the owner. Upon motion by Paul and second by Sue the Commission voted all in favor to close the hearing. Upon motion by Sue and second by Paul the Commission voted all in favor to issue a Negative Determination of Applicability by checking box 3. 5:45 PM Continuation of a Notice of Intent filed by Smith College for the relocation of a tennis court, creation of a synthetic playing field, and the paving of an existing gravel parking lot. Work is proposed to take place in Riverfront Area. Project location is College Lane at Smith College, Map Id 31C-15. Upon motion by Sue and second by Lisa the Commission voted all in favor to continue the hearing to March 26t' @ 5:30 p.m. Mike Kirby, Summer St. questioned whether there is any conflict of interest among members regarding this project. The Commission will discuss this further to get a ruling on it. Other Business: Upon motion by Mason and second by Sue the Commission voted all in favor to issue an Emergency Certification on Easthampton Road for a building recently damaged by fire. 6:00 PM Request for an Extension of an Order of Conditions by the City of Northampton, Office of Planning and Development for the construction of the Manhan Rail Trail -Earle Street to Easthampton Section. Work will take place in Riverfront Area and buffer zone of Bordering Vegetated Wetlands. Project location is 31D-245, 38C-76, and 44-57. DEP File #246-590. Bruce reviewed the project noting that it was approved by the Commission in 2006 and doesn't have an impact on the bordering vegetated wetlands. Upon motion by Sue and second by Mason the Commission voted all in favor to grant an Extension of the Order of Conditions. 6:15 PM Continuation of a Notice of Intent filed by Tofino Associates, Inc. and Northern Avenue Homes, Inc. for the construction of twenty-five dwelling units and associated roadways, parking areas, driveways, sidewalks, utilities, landscaping and stormwater management system. Project is proposed to take place in the 100-foot buffer zone of Bordering Vegetated Wetlands. Project location is Northern Avenue, Map Id 25C-12 and 25C-17. Doug Kohl and Gloria McPherson of Kohl Construction and Brian D'Amold and Michael Liu of Berkshire Design represented the project. Doug discussed a list of items with the Commission including: Concrete bollards and barriers; Covenant stating mowing to be done by the same person; Covenant including a snow storage plan and no salt to be used; Covenant stating an annual inspection by Sept. 1" for the No -Disturb area and wetlands; Removal of invasive species; Replacement of proposed rip -rap outlet structures with a material that provides enhanced habitate value; Construction of sidewalk and bikepath, noting that Planning Board may have additional recommendations; Above ground cisterns noting them discretionary to the homeowner; Covenant stating street sweeping 2-4 times per year. Doug distributed neighborhood density calculations. The Commission discussed drainage systems and options for an invasive species removal plan. Adam Cohen, North Street Neighborhood Association and resident submitted the following material into the record and stated his concerns regarding groundwater; the potential of using a salt/sand mixture for ice; the use of herbicides on invasive species; density of the project; buffer zones; removal of trees and flood control. 1) Adam Cohen, "Comments to the Northampton Conservation Commission re: Tofino Condo Proposal". 2) North Street Neighborhood Association, "Watering -up: Studies of Groundwater Rising After Trees Cut". 3) Stephan Dube & Andre P. Plamondon, "Relative importance of interception and transpiration changes causing watering -up after clearcutting on four wet sites". 4) ScienceDirect, "Changes in surface water table depth and soil physical properties after harvest and establishment of loblolly pine (Pinus taeda L.) in Atlantic coastal plain wetlands of South Carolina". 5) Luca Ridolfi, Paolo D'Odorico, Francesco Laio, "Effect of vegetation -water table feedbacks on the stability and resilience of plant ecosystems". 6) Sylvain Jutras & Andre P. Plamondon, "Water table rise after harvesting in a treed fen previously drained for forestry". 7) North Street Neighborhood Association, "Kohl files narrative drainage report with revised condo proposal; interpreting the wetlands ordinance". Alan Seewald, Arty. representing the North St. Neighborhood Association stated his concerns including proposed restrictions and convenants and the potential for them not to be adhered to in the future; density of the project; removal of invasive species. Alex Ghiselin, Riverside Drive, stated his concerns including flood issues, wet basements and the ability to enforce conditions. Tom McCurry, North St., stated his concerns including adequacy of snow storage. Tim Parshall, Ecologist and Environmental Scientist, North St., stated his concerns regarding density of the project and buffer zones. Mr. Thomas, North St., stated his concerns regarding wetland protection and buffer zones. Upon motion by Sue and second by Paul the Commission voted all in favor to close the public hearing. The Commission discussed concerns including impact on the wetlands and habitat, density of the project, setting precedent re: buffer zone project, drainage, snow plowing and storage, lawn maintenance, conflict of ordinance, interpretation of ordinance, extraordinary mitigation/remediation. Doug requested to withdraw his application. The Commission discussed whether the applicant can withdraw at this time. Upon motion by Sue and second by Lisa the Commission voted to continue the discussion until March 26u' @ 6:00 p.m. All in favor -6; abstained -1 (Paul). All other business: Upon motion by Lisa and second by Sue the Commission voted all in favor to purchase the following three parcels of land: 1) Sawmilll Hills Conservation Area connector parcel. 2) Approx. eight acres of property owned by Mr. Szynal of Hockanum Rd. 3) Approx. 7.55 acres of land by Rte. 91. The Commission approved a Conservation Restriction for Jane Hill property off Kennedy Rd. Meeting Adjourned: Motion By: Second By: Unanimous: 10:00 v.m. I Sue I Lisa I all in favor ARM I +�I uMIN Tanning conservation zoning housing partnership 9 redevelopment * nort ton GIS economic development e community developmente historic * community preservation e central business architecture Bruce Young, a se and Conservation Planner * BYoung@NorthamptonMA.gov *413-587-1263 Northampton Conservation Commission Agenda Date: Thursday March 26, 2009 Time: 5:30 PM Place: City Hall Hearing Room (use back door or main Crafts Avenue door) 2°d floor, 210 Main Street, Northampton For more information: Bruce W. Young, Land Use and Conservation Planner byoung@northamptonma.gov Agenda 5:30 PM Continuation of a Notice of Intent filed by Smith College for the relocation of a tennis court, creation of a synthetic playing field, and the paving of an existing gravel parking lot. Work is proposed to take place in Riverfront Area. Project location is College Lane at Smith College, Map Id 31 C-15. 6:00 PM Discussion of a Notice of Intent filed by Tofino Associates, Inc. and Northern Avenue Homes, Inc. for the construction of twenty-five dwelling units and associated roadways, parking areas, driveways, sidewalks, utilities, landscaping and stormwater management system. Project is proposed to take place in the 100-foot buffer zone of Bordering Vegetated Wetlands. Project location is Northern Avenue, Map Id 25G12 and 25G17. 6:30 PM Request for an Extension of an Order of Conditions for the City of Northampton, Office of Planning and Development for the Construction of the Norwottuck Rail Trail -Look Park to Florence Street Section. Work will take place in Riverfront Area and the 100-foot buffer zone of Bordering Vegetated Wetlands. Project Location is Map ID l OB-100, 16A-002, DEP File #246- 589. 6:45 PM Request for an Extension of an Order of Conditions for the City of Northampton, Office of Planning and Development for the Construction of the Norwottuck Rail Trail -Florence Street to Williamsburg Town Line Section. Work will take place in Riverfront Area, and the 100-foot buffer zone to Bordering Vegetated Wetlands. Project Location is Map ID 05-34 DEP File #246-588. All other business: Approval of Minutes for 03/12/2009 City Hallo 210 Maint r t . original printed on recycled paper Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. March 26 , 2009 Members Present Time Kevin Lake, Chair x Lisa Fusco Mason Maronn x Susan Carbin x Kristine Baker Paul Wetzel x Downey Meyer x Staff Present Time Bruce Young x Aleta DeLisle x At: 1 5:30 P.m. I Kevin I Minutes tabled until next mtg: Motion By: Second By: Unanimous: March 12 Mason I Sue I all in favor Order of Business: 5:30 PM Continuation of a Notice of Intent filed by Smith College for the relocation of a tennis court, creation of a synthetic playing field, and the paving of an existing gravel parking lot. Work is proposed to take place in Riverfront Area. Project location is College Lane at Smith College, Map Id 31C-15. John Robinson, Smith College and Nathan Collins, Gale Associates represented the project. Nathan gave an overview of the project. The Commission discussed issues including fertilizer, pesticide and water use; maintenance of the field, material of the playing field and the potential of particles to migrate during a flood. The Commission discussed the ordinance and whether the project is a redevelopment project or a resource area improvement project and associated requirements. Upon motion by Sue and second by Paul the Commission voted all in favor to continue the hearing until April 16s' @ 5:30 p.m. Mike Kirby, Summer St. discussed floodplain information. 6:00 PM Discussion of a Notice of Intent filed by Tofino Associates, Inc. and Northern Avenue Homes, Inc. for the construction of twenty-five dwelling units and associated roadways, parking areas, driveways, sidewalks, utilities, landscaping and stormwater management system. Project is proposed to take place in the 100-foot buffer zone of Bordering Vegetated Wetlands. Project location is Northern Avenue, Map Id 25C-12 and 25C-17. Upon motion by Paul and second by Mason the Commission voted all in favor to accept the applicant's request to withdraw the project. 6:30 PM Request for an Extension of an Order of Conditions for the City of Northampton, Office of Planning and Development for the Construction of the Norwottuck Rail Trail -Look Park to Florence Street Section. Work will take place in Riverfront Area and the 100- foot buffer zone of Bordering Vegetated Wetlands. Project Location is Map ID 1013-100, 16A-002, DEP File #246-589. Bruce reviewed the project. Sue and Paul stated their concerns with one section of erosion control. Bruce will follow up on this. Amy Bookbinder, Grove Ave., Leeds stated her concerns that neighbors weren't informed of the timetable for tree cutting and no signage was displayed for safety purposes. The Commission referred her to MA Highway. Upon motion by Mason and second by Sue the Commission voted all in favor to issue an Extension of the Order of Conditions for one year. 6:45 PM Request for an Extension of an Order of Conditions for the City of Northampton, Office of Planning and Development for the Construction of the Norwottuck Rail Trail -Florence Street to Williamsburg Town Line Section. Work will take place in Riverfront Area, and the 100-foot buffer zone to Bordering Vegetated Wetlands. Project Location is Map ID 05-34 DEP File #246-588. Bruce reviewed the project. Upon motion by Mason and second by Paul the Commission voted all in favor to issue an Extension of the Order of Conditions for one year. John Andrus resident of Leeds questioned location of work. Other Items: Kevin discussed with the Commission a list of topics that the Commission can focus their involvement in including educational training, conferences, ethics/conflict of interest, WPA and WO section revisions and sustainable Northampton revisions. The Commission discussed past practices and ways to improve the hearing process. Downey updated the Commission regarding the Conservation application that will be presented before the Community Preservation Commission. Meeting Adjourned: Motion By: Second By: Unanimous: 8: 00 nm. I Sue I Paul I all in favor ARM I +�I uMIN Tanning conservation zoning housing partnership 9 redevelopment * nort ton GIS economic development e community developmente historic * community preservation e central business architecture Bruce Young, a se and Conservation Planner * BYoung@NorthamptonMA.gov *413-587-1263 Northampton Conservation Commission Agenda Date: Thursday April 23, 2009 Time: 5:30 PM Place: City Hall Hearing Room (use back door or main Crafts Avenue door) 2°d floor, 210 Main Street, Northampton For more information: Bruce W. Young, Land Use and Conservation Planner byoung@northamptonma.gov Agenda Approval of Minutes for 03/12/2009 and 03/26/2009 5:30 PM Request for Determination of Applicability filed by Nonotuck Mill, LLC to determine whether the installation of bore holes, soil borings and monitoring wells is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project Location is 296 Nonotuck Street, Map Id 22B-043. 6:00 PM Notice of Intent filed by the Northampton Housing Authority for the construction of two residential buildings. Work is proposed to take place in the 100' buffer zone to Bordering Vegetated Wetlands. Project location is 278 Burts Pit Road, Map Id 30D-016. 6:30 PM Request for Determination of Applicability filed by Michael Wiemer of Adesta, LLC and the Massachusetts Highway Department to determine whether the installation of an Intelligent Transportation System along the Interstate 91 Corridor is subject to the Wetlands Protection Act. Project location is the total length, 7.56 miles, of Interstate 91 in Northampton. 6:45PM Request for Certificate of Compliance filed by Gary Wilson for the construction of Wilson Plumbing and Heating at 474 Easthampton Road, Map Id 44-132, DEP File #246-582. All other business: Discussion on the Massachusetts Wetlands Protection Act Riverfront Area Regulations City Hallo 210 Maint r t . original printed on recycled paper Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. A riI 23, 2009 Members Present Time Kevin Lake, Chair x Lisa Fusco x Mason Maronn x Susan Carbin x Kristine Baker x Paul Wetzel Downey Meyer Staff Present Time Bruce Young x Aleta DeLisle x At: 1 5:30 P.m. I Kevin I Minutes Approved: Motion By: Second By: Unanimous: March 12, 2009 Sue Lisa all in favor March 26, 2009 Sue Lisa all in favor Order of Business: 5:30 PM Request for Determination of Applicability filed by Nonotuck Mill, LLC to determine whether the installation of bore holes, soil borings and monitoring wells is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project Location is 296 Nonotuck Street, Map Id 22B-043. Richard Starodoj, ECS represented the project. The Commission discussed the project. Bruce stated that they will be using standard erosion controls as outlined in their application. Upon motion by Mason and second by Sue the Commission voted all in favor to close the hearing. Upon motion by Sue and second by Mason the Commission voted all in favor to issue a Negative Determination of Applicability by checking box 2. Other Business: The Commission reviewed the difference between the Wetlands Protection Act and the Northampton Wetlands Ordinance in answer to a citizen's question. Kevin reviewed an article that appeared in the MACC newsletter regarding three reasons why the Commission should require peer review. A resident of Northampton discussed drainage and mosquito concerns of an area under construction at Village Hill. Bruce stated that Pioneer Environmental completed their pre -construction conditions on Grove Street. Bruce stated that Downey had been reappointed to the Conservation Commission. Bruce discussed a leaky oil container that DEP's handling along the Riverside Drive area of the Mill River. 6:00 PM Notice of Intent filed by the Northampton Housing Authority for the construction of two residential buildings. Work is proposed to take place in the 100' buffer zone to Bordering Vegetated Wetlands. Project location is 278 Burts Pit Road, Map Id 30D-016. Mark D'Amold, Berkshire Design represented the project. Mark reviewed the project and stated that there will be no work within the 50' buffer and that they are exempt from stormwater guidelines. The Commission discussed the project including drainage systems, tree cutting and the use of solar panels. Upon motion by Lisa and second by Sue the Commission voted all in favor to close the hearing. Upon motion by Mason and second by Sue the Commission voted all in favor to issue an Order of Conditions with general conditions #1-32 with the following conditions: 1) Retain eight trees; 2) Place native stone on top of rip rap; 3) All trees within the 50' buffer would remain if solar panels aren't installed. Other Business: Upon motion by Sue and second by Mason the Commision voted all in favor to proceed with an offer of $1,000./acre to Justin West off of Sylvester Rd. for an undetermined amount of land. 6:30 PM Request for Determination of Applicability filed by Michael Wiemer of Adesta, LLC and the Massachusetts Highway Department to determine whether the installation of an Intelligent Transportation System along the Interstate 91 Corridor is subject to the Wetlands Protection Act. Project location is the total length, 7.56 miles, of Interstate 91 in Northampton. Michael Weimer and Michael Nolan of Adesta, LLC and Maral Mendell of MA Highway Dept. represented the project. Michael noted that they moved 90% of construction to the median, discussed construction methods and installation of the system. Bruce stated that there was no impact to the wetlands. Upon motion by Sue and second by Mason the Commission voted all in favor to close the hearing. Upon motion by Mason and second by Sue the Commission voted all in favor to issue a Negative Determination of Applicability by checking box 2. 6:45 PM Request for Certificate of Compliance filed by Gary Wilson for the construction of Wilson Plumbing and Heating at 474 Easthampton Road, Map Id 44-132, DEP File #246-582. Bruce reviewed the project stating that all standards have been met. Upon motion by Mason and second by Lisa the Commission voted all in favor to issue a Certificate of Compliance. All other business: Mick Duda appeared before the Commission regarding an enforcement order the Commission issued. Mick reviewed the process he used for erosion control. Bruce discussed the reasons for issuing the order. The Commission discussed options for resolving the situation. Bruce recommended that Mick contact MA Audubon to see if they would exercise their previous offer to provide an endangered species study that would be required by National Heritage and Endangered Species program before work could be done. Mick will contact MA Audubon and then speak with Bruce. The Commission issued a revised enforcement order. Upon motion by Sue and second by Mason the Commission voted all in favor to purchase a parcel of land owned by Bruce & Rita Bleiman in the Northampton meadows. Kevin discussed third party reviews with the Commission. Discussion on the Massachusetts Wetlands Protection Act Riverfront Area Regulations. (cancelled) Meeting Adjourned: Motion By: Second By: Unanimous: 7:45 P.m. I Mason I Lisa I all in favor ARM I +�I uMIN Tanning conservation zoning housing partnership 9 redevelopment * nort ton GIS economic development e community developmente historic * community preservation e central business architecture Bruce Young, a se and Conservation Planner * BYoung@NorthamptonMA.gov *413-587-1263 Northampton Conservation Commission Agenda Date: Thursday May 14, 2009 Time: 5:30 PM Place: City Hall Hearing Room (use back door or main Crafts Avenue door) 2°d floor, 210 Main Street, Northampton For more information: Bruce W. Young, Land Use and Conservation Planner byoung@northamptonma.gov Agenda Approval of Minutes for 04/23/2009 5:30 PM Review of planning special permit request to receive frontage credit for the donation of land and frontage for the purpose of creating a Norwottuck Rail Trail access ramp. Project location is Jackson Street, Map ID 24A-55. 5:45 PM Notice of Intent filed by Stephen Henderson of Classic Management for River Run Condominiums for the installation of replacement sewer main, new drainage utility, repaving of existing sidewalks, patios and parking areas. Work is proposed to take place in Riverfront Area and the 100' buffer zone to Bordering Vegetated Wetlands. Project location is 80 Damon Road Map ID 18D-53. h9-00 PM Notice of Intent filed by Tofino Associates, Inc. and Northern Avenue Homes, Inc. for the construction of twenty-three dwelling units and associated roadways, parking areas, driveways, sidewalks, utilities, landscaping and stormwater management system. Project is proposed to take place in the 100-foot buffer zone of Bordering Vegetated Wetlands. Project location is Northern Avenue, Map Id 25C-12 and 25C-17. All other business: Discussion of beavers and the Barrett Street Marsh City Hallo 210 Maint r t, www.NorthamptonMa.gov original printed on recycled paper Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. May 14, 2009 Members Present Time Kevin Lake, Chair x Lisa Fusco x Mason Maronn x Susan Carbin Kristine Baker x Paul Wetzel Downey Meyer x Staff Present Time Bruce Young x Aleta DeLisle x Meeting Opened At: By: 5:30 P.m. I Kevin Minutes Approved: Motion By: Second By: Unanimous: April 23, 2009 1 Lisa I Mason I all in favor Order of Business: 5:30 PM Review of planning special permit request to receive frontage credit for the donation of land and frontage for the purpose of creating a Norwottuck Rail Trail access ramp. Project location is Jackson Street, Map ID 24A-55. Bruce Young reviewed the project. Upon motion by Mason and second by Lisa the Commission voted all in favor to recommend to the Planning Board that it's a worthy project for frontage credit and that there is no impact versus the original plan. 5:45 PM Notice of Intent filed by Stephen Henderson of Classic Management for River Run Condominiums for the installation of replacement sewer main, new drainage utility, repaving of existing sidewalks, patios and parking areas. Work is proposed to take place in Riverfront Area and the 100' buffer zone to Bordering Vegetated Wetlands. Project location is 80 Damon Road Map ID 18D-53. Stephen Henderson, Classic Management and Nicole Sandford, Stantech represented the project and reviewed the existing layout and proposed work. The Commission reviewed the project including drainage and improvements to the area Upon motion by Lisa and second by Downey the Commission voted all in favor to close the hearing. Upon motion by Lisa and second by Mason the Commission voted all in favor to issue an Order of Conditions with general conditions #1-32 and added the following additional conditions: 1) Three inspections per year, an annual report and required cleaning and maintenance. 2) Install a deep sump or something comparable that acts in a similar manner at DMH 1. 6:00 PM Notice of Intent filed by Tofino Associates, Inc. and Northern Avenue Homes, Inc. for the construction of twenty-three dwelling units and associated roadways, parking areas, driveways, sidewalks, utilities, landscaping and stormwater management system. Project is proposed to take place in the 100-foot buffer zone of Bordering Vegetated Wetlands. Project location is Northern Avenue, Map Id 25C-12 and 25C-17. Doug Kohl and Gloria McPherson of Tofino Associates, Inc. and Brian D'Amold and Michael Liu of Berkshire Design represented the project. Doug updated the Commission on various issues including number of units; entrances to the development; buffer zone areas; drainage systems; snow storage areas and invasive species removal plan. Doug noted that he's met DEP standards and is in compliance with the DPW regarding stormwater management. The Chair opened the hearing to public comment. Maria Hershkewicz, Northern Ave., stated her concerns regarding ample time for public comment. Michael Bardsley, Councilor at Large, stated his concerns including density of the project and sustainability of the natural environment. Cynthia Kochan, Day Ave. stated her concerns regarding garage flooding and the impact of water flow in the neighborhood. Alan Seewald, Arty. representing the North St. Neighborhood Association stated his concerns including the density of the project; the potential for activity to occur in the buffer zone; complexity of covenants; future maintenance; test pit issues and the invasive species removal plan. Adam Cohen, North St. Neighborhood Association and resident stated his concerns including test pits; drainage system, sand/salt mixture for snowplowing. Lawrence Tatro, Bridge St., owns property on View Ave., stated his concerns including water table, snow storage issues and future maintenance. Rhonda Mariana, Coles Meadow Rd., stated her concerns regarding future maintenance and basement flooding. Tim Parshall, Ecologist & Environmental Scientist, North St., stated his concerns including impact on the wetlands and reducing forest cover. Doug Kohl submitted a letter from Cold Spring Environmental into record. Steven Hathaway, Northern Ave., noted his concern that previous concerns of two Commission members hadn't been addressed by the new proposal. Dennis Helmus, North Street, stated his concerns regarding impact on the wetlands. Heather McLoughlin, North St., stated her concerns with density of the project. Adam Cohen stated his concerns regarding removal of trees impacting the water table and concerns with the invasive species removal plan and submitted an informational flyer into the record. Tom McCurry, North Street, noted his concerns including wetland protection; habitat and removal of trees. Doug Kohl submitted the original vernal pool study into record. The Commission discussed issues including screening gutters; sand used for snowplowing; drainage and impact on wetlands from stormwater system. The Commission agreed to hire an independent hydrogeologist at the applicant's expense. Upon motion by Lisa and second by Mason the Commission voted all in favor to continue the hearing until June 11t' at 6:00 p.m. All other business: Discussion of beavers and the Barrett Street Marsh: Mike Cahillane, Prospect Ave. appeared before the Commission and discussed his concerns regarding beaver dams and increase in water levels and reviewed the history of previous drainage work. The Commission agreed to visit the site to determine whether a backed up drainage pipe could be creating the present situation rather than the dam. James Stevens, resident of Barrett Street, discussed the history of the area and his concerns including destruction of trees, increase in mosquitoes and increase in water table due to the beaver population. Bruce reviewed the history of the beavers and the actions/methods the City has taken in maintaining the situation. The Commission discussed their role and the role of other city agencies in controlling the population and protecting the wetlands and health and safety of the community. Downey suggested holding a public meeting regarding the issue. Meeting Adjourned: Motion By: Second By: Unanimous: 8:55 n.m. I Lisa I Mason I all in favor ARM I +�I uMIN Tanning conservation zoning housing partnership 9 redevelopment * nort ton GIS economic development e community developmente historic * community preservation e central business architecture Bruce Young, a se and Conservation Planner * BYoung@NorthamptonMA.gov *413-587-1263 Northampton Conservation Commission Agenda Date: Thursday May 28, 2009 Time: 5:30 PM Place: City Hall Hearing Room (use back door or main Crafts Avenue door) 2°d floor, 210 Main Street, Northampton For more information: Bruce W. Young, Land Use and Conservation Planner byoung@northamptonma.gov Agenda Approval of Minutes for 05/14/2009 5:30 PM Discussion of minor amendments to the Northampton Wetlands Ordinance. 6:00 PM Notice of Intent filed by Lynne Wallace for construction of a driveway. Project is proposed to take place in the Buffer Zone of Bordering Vegetated Wetlands. Project location is 110 Cardinal Way, Map ID 36-305 6:15 PM Notice of Intent filed by Bruce Shallcross for construction of two outdoor equestrian rings. Project is proposed to take place in Bordering Land Subject to Flooding. Project location is the Three County Fairgrounds on Fair Street, Map ID 25C-251. All other business: Land use and management updates City Hallo 210 Maint r t, www.NorthamptonMa.gov original printed on recycled paper Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. May 28, 2009 Members Present Time Kevin Lake, Chair x Lisa Fusco x Mason Maronn x Susan Carbin x Kristine Baker x Paul Wetzel x Downey Meyer x Staff Present Time Bruce Young x Aleta DeLisle x At: 1 5:30 P.m. I Kevin I Minutes Approved: Motion Bv: Second Bv: Unanimous: Order of Business: 5:30 PM Discussion of minor amendments to the Northampton Wetlands Ordinance. Delayed. Enforcement Order: Mr. & Mrs. Staples of Rick Drive, Florence appeared before the Commission to discuss the enforcement order the Commission issued. Mrs. Staples reviewed the work they did in clearing the area and didn't realize they needed a permit and noted their efforts in restoring the area with tree plantings. Mason noted that the plants are regenerating. The Commission discussed the location of wetland boundaries and stated that they need to notify the Commission if they propose any work within 100' of the wetlands. The Commission will visit the site to measure the edge of the wetland so they know where to maintain the lawn. Bruce will coordinate the date to meet on their property. 6:00 PM Notice of Intent filed by Lynne Wallace for construction of a driveway. Project is proposed to take place in the Buffer Zone of Bordering Vegetated Wetlands. Project location is 110 Cardinal Way, Map ID 36-305. Ward Smith, Valley Environmental Services reviewed the project. The Commission discussed the project. Upon motion by Mason and second by Sue the Commission voted all in favor to close the hearing. Upon motion by Paul and second by Lisa the Commission voted to issue an Order of Conditions with general conditions #1-32 and additional condition to place approx. 3'x3' boulders with spacing approx. 15' apart for permanent marking of the wetland boundary. All in favor-6; opposed-1 (Sue). 6:15 PM Notice of Intent filed by Bruce Shallcross for construction of two outdoor equestrian rings. Project is proposed to take place in Bordering Land Subject to Flooding. Project location is the Three County Fairgrounds on Fair Street, Map ID 25C-251. Jeff Squire, Berkshire Design and Bruce Shallcross, Three County Fairgrounds represented the project. Jeff presented plans and reviewed the project. The Commission discussed the project and drainage system. Upon motion by Mason and second by Downey the Commission voted all in favor to close the hearing. Upon motion by Lisa and second by Sue the Commission voted all in favor to issue an Order of Conditions with general conditions #1-32. Discussion of Minor Amendments to the Northampton Wetlands Ordinance The Commission discussed the following minor amendments to the Northampton Wetlands Ordinance for recommendation to City Council: 1) Upon motion by Mason and second by Sue the Commission voted to change the appeal period to read "30 calendar days" and shall follow process for state law for appeals. All in favor-6; opposed-1 (Lisa). 2) Sign Regulation — Upon motion by Lisa and second by Sue the Commission voted all in favor for it to read that the City of Northampton (rather than the applicant) shall provide the sign which applicant shall insert the notice of the hearing into. 3) Upon motion by Kevin and second by Downey the Commission voted all in favor to require the applicant (rather then the City) to record their Order of Conditions and to delete the word "however" and replace the word "Commission" with "applicant". All other business: The Commission discussed what issues they want to include in the RFP for the hiring of an independent consultant for the North Street project. The Commission will require from the consultant a report and presentation at the hearing. Doug Kohl, Kohl Construction appeared before the Commission to suggest that the Commission require applicants to give a copy of the recording receipt to the Commission for Order of Conditions. Mason noted two articles of interest in the MACC newsletter. The Commission discussed what their role is in controlling the beaver population regarding protection of the wetlands and health and safety of the community. Kevin stated that the Board of Health has been given responsibility by the state regarding beaver issues. Paul discussed the history of volunteer work and the methods performed in the past in controlling the population. Paul discussed whether there is flood protection from beaver dams. Kevin suggested considering funding a person to help maintain water levels. The Commission discussed their summer schedule. They will meet July 23`d and August 27d'. By roll call vote at 8:05 p.m. the Commission voted all in favor to enter into Executive Session for land acquisition purposes. At 8:25 p.m. the Commission returned to regular session. Paul stated that he has enjoyed serving on the Conservation Commission for six years. Meeting Adjourned: Motion By: Second By: Unanimous: 8:30 pm. I Lisa I Sue I all in favor ARM I +�I uMIN Tanning conservation zoning housing partnership 9 redevelopment * nort ton GIS economic development e community developmente historic * community preservation e central business architecture Bruce Young, a se and Conservation Planner * BYoung@NorthamptonMA.gov *413-587-1263 Northampton Conservation Commission Agenda Date: Thursday June 11, 2009 Time: 5:30 PM Place: City Hall Hearing Room (use back door or main Crafts Avenue door) 2°d floor, 210 Main Street, Northampton For more information: Bruce W. Young, Land Use and Conservation Planner byoung@northamptonma.gov Agenda Approval of Minutes for 05/14/2009 and 05/28/2009 5:30 PM Policy discussion on No -Disturb Area boundary marker requirements 6:00 PM Notice of Intent filed by Tofino Associates, Inc. and Northern Avenue Homes, Inc. for the construction of twenty-three dwelling units and associated roadways, parking areas, driveways, sidewalks, utilities, landscaping and stormwater management system. Project is proposed to take place in the 100-foot buffer zone of Bordering Vegetated Wetlands. Project location is Northern Avenue, Map Id 25C-12 and 25C-17. 6:05 PM Public meeting on Barrett Street Marsh management and maintenance issues All other business: City Hallo 210 Maint r t . original printed on recycled paper ARM I +�I uMIN Tanning conservation zoning housing partnership 9 redevelopment * nort ton GIS economic development e community developmente historic * community preservation e central business architecture Bruce Young, a se and Conservation Planner * BYoung@NorthamptonMA.gov *413-587-1263 Northampton Conservation Commission Agenda Date: Thursday July 23, 2009 Time: 5:30 PM Place: City Hall Hearing Room (use back door or main Crafts Avenue door) 2°d floor, 210 Main Street, Northampton For more information: Bruce W. Young, Land Use and Conservation Planner byoung@northamptonma.gov Agenda Approval of Minutes for 06/ 11 /2009 5:30 PM Notice of Intent filed by William Wzorek for the relocation of a driveway. Project is proposed to take place in the 100-foot buffer zone to Bordering Vegetated Wetlands. Project location is 71 Cardinal Way, Map ID 36-341. 5:45 PM Notice of Intent filed by David Graves of Kollmorgen Electro Optical to construct a fire access road and concrete block retaining wall. Project is proposed to take place within the 100-foot buffer zone of isolated wetlands. Project location is the Village at Hospital Hill, Map ID 38A-99 & 102. 6:00 PM Continuation of a Notice of Intent filed by Tofino Associates, Inc. and Northern Avenue Homes, Inc. for the construction of twenty-three dwelling units and associated roadways, parking areas, driveways, sidewalks, utilities, landscaping and stormwater management system. Project is proposed to take place in the 100-foot buffer zone of Bordering Vegetated Wetlands. Project location is Northern Avenue, Map Id 25G12 and 25G17. Other Business Discussion on Barrett Street Marsh management and maintenance issues Discussion on Community Preservation Act project applications All other business: City Hallo 210 Maint r t . original printed on recycled paper ARM I +�I uMIN Tanning conservation zoning housing partnership 9 redevelopment * nort ton GIS economic development e community developmente historic * community preservation e central business architecture Bruce Young, a se and Conservation Planner * BYoung@NorthamptonMA.gov *413-587-1263 Northampton Conservation Commission Agenda Date: Thursday August 27, 2009 Time: 5:30 PM Place: City Hall Hearing Room (use back door or main Crafts Avenue door) 2nd floor, 210 Main Street, Northampton For more information: Bruce W. Young, Land Use and Conservation Planner byoung@northamptonma.gov Agenda Approval of Minutes for 07/23/2009 5:30 PM Request for a three-year extension of Order of Conditions DEP File #246-591 filed by John Ewing. Project location is Old Wilson Road, Map ID 44-012. 5:45 PM Request for Determination of Applicability filed by M&S Holdings to determine whether the work depicted on the plans is subject to the Massachusetts Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Construction of a replacement structure within the original footprint is proposed to take place in Riverfront Area. Project location is 8 Easthampton Road, Map ID 3 8C-077. 6:00 PM Continuation of a Notice of Intent filed by Tofino Associates, Inc. and Northern Avenue Homes, Inc. for the construction of twenty-three dwelling units and associated roadways, parking areas, driveways, sidewalks, utilities, landscaping and stormwater management system. Project is proposed to take place in the 100-foot buffer zone of Bordering Vegetated Wetlands. Project location is Northern Avenue, Map Id 25C-12 and 25C-17. 7:00 PM Request for Determination of Applicability filed by the City of Northampton Department of Public Works to determine whether the work depicted on the plans is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Installation of chlorination and flow monitoring devices at existing well pumping stations is proposed to take place within the 100-foot buffer of Bordering Vegetated Wetlands, 100-foot buffer to an intermittent stream and the Riverfront Area. Project location is the Spring Street Well Site (22D-001) and the Clark Street Well Site (29-037). 7:15 PM Request for Certificate of Compliance file by Smith College for the completion of the Paradise Pond Dredging Project, Order of Conditions DEP File #246-605 . All other business: City Hallo 210 Maint r t . original printed on recycled paper Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. August27,2009 Members Present Time Kevin Lake, Chair x Lisa Fusco x Mason Maronn x Susan Carbin x Downey Meyer x Staff Present Time Bruce Young x Aleta DeLisle x Meeting Opened At: By: 5:30 n.m. I Kevin Minutes Approved: Motion By: Second By: Unanimous: 7123109 1 Sue I Downev I all in favor Order of Business: 5:30 PM Request for a three-year extension of Order of Conditions DEP File #246-591 filed by John Ewing. Project location is Old Wilson Road, Map ID 44-012. On behalf of John Ewing, Bruce reviewed the original Order of Conditions noting that that there hasn't been any relevant changes and work hasn't commenced. Upon motion by Mason and second by Lisa the Commission voted to issue a three year extension of the Order of Conditions. All in favor 4; opposed 1. Downey opposed due to a change in the ordinance since then. The Commission discussed the matter. 5:45 PM Request for Determination of Applicability filed by M&S Holdings to determine whether the work depicted on the plans is subject to the Massachusetts Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Construction of a replacement structure within the original footprint is proposed to take place in Riverfront Area Project location is 8 Easthampton Road, Map ID 38C-077. Steve and Matt Boulanger, M&S Holdings represented the project. Steve stated that the original building was destroyed by fire and would like to replace the structure within the existing footprint. Bruce stated that the project was exempt from the Wetlands Protection Act, 337-4b due to fire. The Commission reviewed the boundaries of the resource area Upon motion by Mason and second by Sue the Commission voted to close the hearing. Upon motion by Mason and second by Sue the Commission voted all in favor to issue a Positive Determination of Applicability by checking box 6. Downey amended the motion to include standard conditions #1-11 which was seconded by Sue and voted all in favor. Other Business: Bruce stated that he submitted three eligibility forms to the CPA for three projects previously discussed by the Commission (the beaver project, the Haydenville Rd. project and the Conservation Fund). Bruce stated that the Commission will resume their regular meeting schedule now that the summer schedule is over. 6:00 PM Continuation of a Notice of Intent filed by Tofino Associates, Inc. and Northern Avenue Homes, Inc. for the construction of twenty-three dwelling units and associated roadways, parking areas, driveways, sidewalks, utilities, landscaping and stormwater management system. Project is proposed to take place in the 100-foot buffer zone of Bordering Vegetated Wetlands. Project location is Northern Avenue, Map Id 25C-12 and 25C-17. Doug Kohl and Gloria McPherson of Tofino Associates, Inc. and Brian D'Amold and Michael Liu of Berkshire Design represented the project. The Chair introduced Bruce Griffin of New England Environmental and Chris Stidsen of Doucet Associates. Mr. Griffin previously visited the site and discussed his findings with the Commission. Mr. Griffin reviewed the location of wetlands and buffer zones; removal of trees and invasive species in certain locations noting that the removal of trees will add more water and groundwater to the site. Mr. Griffin discussed issues including water flow; current stormwater runoff, the effect of water post construction; and the volume and speed of water entering the wetlands. Mr. Griffin noted that the overall amount of water in the wetlands will increase and any excess water will go into the brook. Chris noted that water will increase approximately 1" across the entire three acre wetland in a 100 year storm. The Commission discussed these issues. The Chair opened the hearing for questions to the consultant. Arty. Alan Seewald, representing the North St. Neighborhood Association discussed concerns including evapotranspiration from loss of trees and maintenance of the stormwater system. A citizen requested clarification on the behavior of increase of water in the wetland vs. no increase in water. Tim Parshall, resident of North St., questioned volume of water, water flow and drainage. Steve Hathaway, 32 Northern Ave., discussed 100 yr. storm and questioned how runoff rates were measured. Doug Kohl, Tofino Associates, discussed two changes made to the development: 1) three units have been eliminated; and 2) the walking path will be gravel. The Chair opened the hearing for public comment. Adam Cohen, North St. Neighborhood Association discussed concerns including water flow and volume and removal of trees. Arty. Alan Seewald, representing North St. Neighborhood Association stated his concerns including standing water and mosquitos and density of the project. Tim Parshall, resident of North St., stated his concerns regarding water retention and storage; economic impacts of impacts on wetlands. David Newton, resident of North St., questioned number of units and structures. Dennis Helmus, 174 North St., questioned the location of where the brook runs. Garrit Stover, Fairview Ave., stated that he doesn't feel there's a negative impact to this particular wetland. Upon motion by Sue and second by Mason the Commission voted all in favor to close the hearing. Doug Kohl presented information to the Commission regarding how he arrived at the escrow amount. Downey stated under Section 337.10 E 2B "permitting encroachment" allows disturbance within 50 feet and closer in certain infill areas if the project will improve the existing condition of the wetlands or adjacent upland area. Downey stated that this project proponent has met the criteria in Section 337.10 E 2B to allow the applicant within 50 feet. Downey also stated that the invasive species removal and stormwater improvements proposed by the applicant allow the applicant to conduct work inside of the 35' no - disturb area due to the extraordinary mitigation provisions. Downey noted the silt fence will be at 35' except for a small area which invasive species work inside of 35'will be done by hand. The Commission discussed the following proposed conditions for the project: 1) Include Standard Conditions #1-32. 2) Boundary Markers: 4' boulders placed 4' apart — location to be determined. 3) Include the final version of the Declaration of Covenants that is acceptable to the Commission and recorded before the start of work. 4) Provide a planting plan with pictures and measurements upon the completion of construction activities. 5) Five year invasive species control plan. Upon motion by Mason and second by Lisa the Commission voted all in favor to continue the hearing until September 10a , 2009 at 5:30 PM in the Hearing Room of City Hall. 7:00 PM Request for Determination of Applicability filed by the City of Northampton Department of Public Works to determine whether the work depicted on the plans is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Installation of chlorination and flow monitoring devices at existing well pumping stations is proposed to take place within the 100-foot buffer of Bordering Vegetated Wetlands, 100-foot buffer to an intermittent stream and the Riverfront Area. Project location is the Spring Street Well Site (22D-001) and the Clark Street Well Site (29-037). Jim Laurila, Dept. of Public Works and Nicole Sanford, StanTech represented the project. Jim presented plans to the Commission noting that the project will go out to bid the latter part of November and will break ground in the spring. Nicole reviewed wetland areas and areas of work. Nicole stated that Natural Heritage and Endangered Species Program determined that there was no adverse impact on habitat. Bruce stated that the project is exempt from the Wetlands Protection Act and the Northampton Wetlands Ordinance. Upon motion by Sue and second by Downey the Commission voted all in favor to issue a Negative Determination of Applicability by checking box #1 and box #6. 7:15 PM Request for Certificate of Compliance file by Smith College for the completion of the Paradise Pond Dredging Project, Order of Conditions DEP File #246-605. Bruce stated that Smith College has completed their project and submitted an As -built plan. Upon motion by Sue and second by Downey the Commission voted all in favor to issue a Certificate of Compliance. All Other Business: Bruce stated that the Order of Conditions for Henry Culver is due to expire and he's requesting an extension to clean up the property per the Option to Purchase between Mr. Culver and the City. Upon motion by Mason and second by Sue the Commission voted all in favor to issue an Extension of the Order of Conditions DEP#246-592 for one year. Meeting Adjourned: Motion By: Second By: Unanimous: 8:15 P.m. I Lisa I Sue I all in favor ARM I +�I uMIN Tanning o conservation zoning housing partnership 9 redevelopment * nort ton GIS economic development e community developmente historic 9 community preservation e central business architecture Bruce Young, a se and Conservation Planner * BYoung@NorthamptonMA.gov413-587-1263 Northampton Conservation Commission Agenda Date: Thursday September 10, 2009 Time: 5:30 PM Place: City Hall Hearing Room (use back door or main Crafts Avenue door) 2nd floor, 210 Main Street, Northampton For more information: Bruce W. Young, Land Use and Conservation Planner byoung@northamptonma.gov Agenda Approval of Minutes for 08/27/2009 5:30 PM Continuation of a Notice of Intent filed by Tofino Associates, Inc. and Northern Avenue Homes, Inc. for the construction of twenty-three dwelling units and associated roadways, parking areas, driveways, sidewalks, utilities, landscaping and stormwater management system. Project is proposed to take place in the 100-foot buffer zone of Bordering Vegetated Wetlands. Project location is Northern Avenue, Map Id 25C-12 and 25C-17. *Public hearing was closed on 08/27/2009 6:00 PM Request by John Clapp for a support letter for a Community Preservation Act application for funds to restore the Upper Roberts Meadow Dam in Leeds. All other business: City Hallo 210 Maint r t . original printed on recycled paper Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. September 10, 2009 Members Present Time Kevin Lake, Chair x Lisa Fusco x Mason Maronn x Susan Carbin x Downey Meyer x Staff Present Time Bruce Young x 1 5.•30 o.m. I Kevin I Minutes Approved,• Motion By., Second By., Unanimous; Order of Business: 5:30 PM Continuation of a Notice of Intent filed by Tofino Associates, Inc. and Northern Avenue Homes, Inc. for the construction of twenty-three dwelling units and associated roadways, parking areas, driveways, sidewalks, utilities, landscaping and stormwater management system. Project is proposed to take place in the 100-foot buffer zone of Bordering Vegetated Wetlands. Project location is Northern Avenue, Map Id 25C-12 and 25C-17. Public hearing was closed on 08/27/2009 Downey stated that, as discussed over the past several months, the project meets the criteria in the Northampton Wetlands Ordinance Section 337.10 E2b, which allows encroachment within fifty feet, in certain infill areas, if the development includes mitigation measures that will improve the existing condition of the wetlands or adjacent upland and is otherwise permissible under the Wetlands Protection Act. And, because the Commission determined that the invasive removal work, proposed to occur up to ten -feet of the resource area, meets their definition of extraordinary mitigation, the applicant is allowed to conduct invasive removal work inside of the thirty-five foot no -encroachment area (up to ten feet), as allowed in the zoning district/no-encroachment table (Table 1 in Chapter 337). The Conservation Commission discussed and voted on the following conditions: General Conditions #1-32 33. The stormwater system shall be maintained in accordance with the Stormwater Management Permit issued by the Department of Public Works, the Operation and Maintenance Plan, and the Declaration of Covenants and Restrictions, Easements and Maintenance Agreements. Annual inspection reports shall be submitted to the Northampton Conservation Commission by October 1st 34. No snow shall be dumped or stockpiled within seventy-five feet of any wetland resource area. 35. The applicant is forbidden to use any lawn or garden chemicals on the site. An annual acknowledgement of this requirement shall be provided to the Conservation Commission by October 1st of each year. 36. The 35-foot buffer zone to the bordering vegetated wetlands shall be a No Disturb Zone unless otherwise authorized by the Northampton Conservation Commission. Permanent 4'x4' (minimum) boulders shall be spaced no more than four feet apart, marking the 35-Foot Wetland Buffer No Disturb Area, and must remain in place in perpetuity. The boulders shall be placed along the 35-Foot Buffer of wetland flags A2-A5, W6-W1 and A32-A73 on the approved site plan. 37. The applicant shall contract with a qualified person, approved by the Conservation Commission, to annually inspect the 35-foot No Disturb Zone. The applicant shall provide Conservation Commission an annual inspection report of (1) the integrity of the permanent markers, (2) the condition of the No Disturb Zone, including, but not limited to, any encroachment, erosion, destruction of vegetation, dumping of waste of any kind, including lawn clippings and other yard waste, and (3) whether any restoration is required. This report shall be submitted to the Conservation Commission by October 1st of each year. 38. Upon completion of construction activities, the applicant shall provide the Northampton Conservation Commission with baseline documentation of the vegetation and site conditions of the 35' No -Disturb area. 39. Upon completion of construction activities, the applicant shall provide the Northampton Conservation Commission with a five-year invasive removal plan for the 35' No -disturb area. Invasive removal and inventory reports shall be submitted by October 1st of each year. 40. The applicant shall use Ice Ban, Magic Minus Zero, or an equivalent liquid deicing agent (not containing sodium chloride,) for routine deicing on the roadways and paved sidewalks. The applicant reserves the right to use a commercially available sand mixture on the roadways and paved sidewalks that are used as access from parking to dwelling units if in a particularly severe or icy weather condition the aforementioned product is not sufficient to permit safe vehicular and pedestrian travel. The Northampton Conservation Commission shall be notified within twenty- four (24) hours of any application of a commercially available sand mixture. The applicant shall make an ongoing good faith effort to find ecologically benign deicing solutions for all impervious surfaces. The applicant shall include a statement on alternative deicing efforts in the annual report. The Conservation Commission and DPW shall be notified by the applicant where a violation of these requirements occurs. Lisa moved to approve the project and conditions under the Massachusetts Wetlands Protection Act and the Northampton Wetlands Ordinance. Mason seconded the motion. All those present voted in favor of the motion. 6:00 PM Request by John Clapp for a support letter for a Community Preservation Act application for funds to restore the Upper Roberts Meadow Dam in Leeds. John and Dee Clapp presented, to the Conservation Commission, reasons why they would like to save the dam and requested support from the Conservation Commission. The Conservation Commission felt that there was not enough information on the fisheries habitat, wildlife habitat and open space benefits to make a decision to support the dam rehabilitation project. The Conservation Commission decided to take no action on the request. Mason motioned to cancel the meeting on 09/24/2009 Lisa seconded the motion All those present voted in favor of the motion Meeting Adjourned: Motion By., Second By., Unanimous; 7:50 Dm, I Downev Lisa I all in favor 1► I I Le MIN pTanning * conservation * zoning * housing partnership 9 redevelopment * northampton GIS economic development e community developmente historic 9 community preservation e central business architecture Bruce Young, Land Use and Conservation Planner * BYoung@NorthamptonMA.gov * 413-587-1263 Northampton Conservation Commission Agenda Date: Thursday September 24, 2009 Time: 5:30 PM Place: City Hall Hearing Room (use back door or main Crafts Avenue door) 2 nd floor, 210 Main Street, Northampton For more information: Bruce W. Young, Land Use and Conservation Planner bloungknorthamptonma.gov (413) 587-1263 The regularly scheduled Conservation Commission meeting on September 24, 2009 has been cancelled. The next Conservation Commission meeting is scheduled for October 8, 2009. Please feel free to contact our office with questions or concerns. City Hallo 210 Main Street, Room 11 e Northampton, MA 01060 * www.NorthamptonMa.gov e Fax 413-587-1264 original printed on recycled paper ARM I I Le MIN pTanning * conservation * zoning * housing partnership 9 redevelopment * northampton GIS economic development e community developmente historic 9 community preservation e central business architecture Bruce Young, Land Use and Conservation Planner * BYoung@NorthamptonMA.gov * 413-587-1263 Northampton Conservation Commission Agenda Date: Thursday October 8, 2009 Time: 5:30 PM Place: City Hall Hearing Room (use back door or main Crafts Avenue door) 2 nd floor, 210 Main Street, Northampton For more information: Bruce W. Young, Land Use and Conservation Planner bloungknorthamptonma.gov (413) 587-1263 0 Discussion Conservation Commission membership 0 Discussion on staff roles and responsibilities 0 Discussion on Community Preservation Act Proj ect Applications All other business... City Hallo 210 Main Street, Room 11 e Northampton, MA 01060 * www.NorthamptonMa.gov e Fax 413-587-1264 original printed on recycled paper ARM I +�I uMIN Tanning conservation zoning housing partnership 9 redevelopment * nort ton GIS economic development e community developmente historic * community preservation e central business architecture Bruce Young, a se and Conservation Planner * BYoung@NorthamptonMA.gov *413-587-1263 Northampton Conservation Commission Agenda Date: Thursday October 22, 2009 Time: 5:30 PM Place: City Hall Hearing Room (use back door or main Crafts Avenue door) 2nd floor, 210 Main Street, Northampton For more information: Bruce W. Young, Land Use and Conservation Planner bloungi • gov (413) 587-1263 5:30 PM Request for Determination of Applicability filed by the Massachusetts Highway Department for the replacement of an office building and associated facility improvements at the MassHighway Maintenance Depot. Project is proposed to take place in Bordering Land Subject to Flooding and the 100-foot buffer zone to Bordering Vegetated Wetlands. Project location is MassHighway Maintenance Depot on Mount Tom Road (Route 5), Map ID 39A-045. 6:00 PM Request for Certificate of Compliance by Susan Clopton and John Levine for garage expansion project located at 1157 Florence Road, DEP File Number 246-618. All other business... City Hallo 210 Maint r t www.NorthamptonMa.gov original printed on recycled paper Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. October 22, 2009 Members Present Time Kevin Lake, Chair x Lisa Fusco x Mason Maronn Susan Carbin x Downey Meyer x Staff Present Time Wayne Feiden x Aleta DeLisle x At: 1 5: 40 n. m. I Kevin I Minutes Approved: Motion By: Second By: Unanimous: September 10, 2009 Motion by Sue toJj5�� all in favor August 27, 2009 approve both sets Order of Business: 5:30 PM Request for Determination of Applicability filed by the Massachusetts Highway Department for the replacement of an office building and associated facility improvements at the MassHighway Maintenance Depot. Project is proposed to take place in Bordering Land Subject to Flooding and the 100-foot buffer zone to Bordering Vegetated Wetlands. Project location is MassHighway Maintenance Depot on Mount Tom Road (Route 5), Map ID 39A-045. Tim Meyer, Mass. Highway represented the project. Tim submitted new plans to the Commission, described facility improvements and noted that the proposed 600 sq. ft. building would replace the existing 600 sq. ft. building. Tim stated that the project was exempt from Natural Heritage and Endangered species program. The Chair read Bruce Young's recommendation and discussed whether a Notice of Intent should be filed with the Commission. The Commission discussed the project. Upon motion by Downey and second by Lisa the Commission voted to issue a Negative Determination by checking Box 3 and included the following conditions: 1) Include additional standard conditions #1-32; 2) Provide certification before the start of work stating that compensatory storage should be provided so there's no increase in materials in the flood plain. 3) Letter stating exemption from Natural Heritage and Endangered Species program The Commission voted 3 in favor; 1 abstain (Sue). 6:00 PM Request for Certificate of Compliance by Susan Clopton and John Levine for garage expansion project located at 1157 Florence Road, DEP File Number 246-618. Kevin stated that Bruce Young noted that work has been completed. Upon motion by Sue and second by Downey the Commission voted all in favor to issue a Certificate of Compliance. All other business... The Chair stated that a concerned citizen questioned whether an area of invasive species could be removed. The Commission discussed the matter and the Chair will refer them to Bruce Hart or Bob Zimmerman at Broad Brook Coalition. Wayne Feiden noted that Laurie Sanders will be working on updating her publication, "Rediscovering Northampton". Ratify Emergency Certification —John McCoy: Wayne stated that the Emergency Certification for 472 Coles Meadow Road needs to be ratified and that some work has been done. Upon motion by Downey and second by Sue the Commission voted all in favor to ratify the Emergency Certification. • Future Meeting Times for Conservation Commission: Wayne asked if the Commission would be willing to change their meeting time to 5:00 p.m. from 5:30 to enable Downey to continue serving on the Commission. The Commission agreed to the change. • Conservation Commission membership updates: Wayne stated that the Mayor has appointed Valerie Vignaux to the Commission which will be referred to City Council and that two people have applied for the remaining available position. • Conservation Commission staffing updates: Wayne reviewed the list of candidates for the Conservation Land Use Planner position. • Conservation Area signage project discussion: Wayne stated that the Open Space Plan expires in 2010 and asked that the Commission appoint two people in January to start the process. Wayne discussed the option of using machine made signs with laser lettering for signs that would need to be replaced at conservation areas. The Commission agreed to use this method and agreed to the layout of the signs. • Public File Cabinet (Laserfiche document management system) discussion: Wayne discussed the upcoming on-line application process in laserfiche. • Pending land acquisitions update: Wayne updated the Commission on land acquisition and preservation projects. Wayne noted that the City is currently working on 13 projects with potential funding for 10 of them. Following a brief discussion the following two votes were taken: Upon motion by Sue and second by Downey the Commission voted all in favor to authorize Wayne Feiden to proceed with the acquisition of the Zimmerman property on North Farms Rd. of approximately 36 acres, @$500.00/acre for approximately $18,000. Upon motion by Sue and second by Lisa the Commission voted all in favor to accept a conservation restriction on 5.722 acres, Jewett & Pinkham property, abutting Parsons Brook, which will be an expansion of the conservation restriction that runs continuously down to Park Hill Rd. Wetlands ordinance changes discussion: Postponed. By roll call vote at 7:12 p.m. the Commission voted all in favor to enter into Executive Session for land acquisition purposes. At 7:25 p.m. the Commission returned to regular session. Wayne discussed a citizen request to place beehives on Conservation Commission property. The Commission discussed this and agreed it would be a good idea and agreed that in exchange for the benefits of bees (namely pollination) the Commission would not ask for consideration. Wayne discussed tapping trees on Conservation Commission property. Downey recommended that a letter of agreement be sent to whomever taps trees designating the parcel and standard taps/tree. Kevin discussed the cleanup process on -site at Edward Allen's, Easthampton Rd. The Commission determined that the applicant should apply a seed covering on areas after cleanup. Kevin noted that Mr. Allen would like the Commission to visit the site when the work is complete. Kevin discussed Biomass plants with the Commission. Wayne discussed applicants recording their own permits at the Registry of Deeds. Downey stated that the Commission previously voted to allow that. Meeting Adjourned: Motion By: Second By: Unanimous: 7: 45 v. M. I Sue I Lisa I all in favor Minutes Northampton Conservation Commission Hearing Room 18, City Hall, Northampton, Mass. October 22, 2009 — Executive Session Members Present Time Kevin Lake, Chair x Lisa Fusco x Mason Maronn Susan Carbin x Downey Meyer x Staff Present Time Wayne Feiden x Aleta DeLisle x Meeting Opened At: By: 7:12 p. In. I Kevin Minutes Approved: Motion Bv: Second Bv: Unanimous: Order of Business: By roll call vote, the Commission voted all in favor to enter into Executive Session at 7:12 p.m. for land acquisition purposes. Wayne Feiden discussed the City's goal in trying to get a boathouse on the Connecticut River. Wayne stated that Lane Asphalt plant will be closing which could provide an opportunity to reach that goal. Wayne stated that the appraisal came in at $430,000. and explained that Lane would keep a 10,000 sq. ft. pad for their own use and a 10,000 sq. ft. pad that they could sell. They would give the City a majority of the property in exchange for the City providing permitting costs. Wayne presented a plan and discussed the potential for creating a soccer field, boathouse and backland that would be acquired for conservation commission property. The Commission discussed the plan. Lisa questioned whether there might be traffic congestion. Wayne stated that there could be with soccer activity and that directional signs might need to be put up and adhered to between certain hours. The Commission looked favorably upon the project. Upon motion by Downey and second by Sue the Commission voted all in favor to approve expenditures of Conservation Commission money for soft costs and acquisition of the property. Upon motion by Sue and second by Lisa the Commission voted all in favor by roll call vote to adjourn Executive Session and return to Regular Session at 7:25 p.m. Conservation Commission Agenda 5:00 PM Thursday December 10, 2009 Hearing Room 18, Second Floor of City Hall 210 Main Street, Northampton Approval of minutes a. October 22, 2009 b. October 22, 2009 Executive Session 2. Follow up discussion from Bean Farm December 7th Public Forum 3. Management Plan for Beaver Brook/Broad Brook Headwaters parcel 4. Any other necessary business 5. 5:00 PM continuation: Request by Three County Fairgounds for a Wetlands Order of Conditions for a complete redevelopment of the site, with five major new buildings created, with compensatory storage met by the demolition of most of the existing buildings. TO BE CONTINUED WITHOUT OPENING 6. 5:30 PM Boston and Maine Request for Determination of Applicability for mechanical and chemical weed control on and adjacent to the railroad. 7. 6:00 PM Heather Wark for a Request for Determination of Applicability for a 20' by 24' addition at the rear of 145 Vernon Street. ��� dl E t� "•'•�. " •:.•5c '� •a • � uF • • ��' �^ CI a't} -: tt d rr�iF e�•i � : ,:.•.. �:•. .i� �i v� �."�!. M i I ! .J.t t:: . t!K .. _ - Is [ir'S'.'�?'?Cii�."?�'�iIR'�;�#"",5��.$#M�'t'!a . ���_ti. + �jd' ieiT�'R';�i'i�ilt� _tL�IIT:•;j TO: Conservation Commission FROM: Wayne Feiden, FAICP, Director of Planning and Development RE: Staff Report for Thursday December 10, 2009 DATE: December 3, 2009 There are three permit items on the agenda for Thursday. 5:00 PM Request by Three County Fairgrounds for a Wetlands Order of Conditions (#246- 0635) for a complete redevelopment of the site, with five major new buildings created, with compensatory storage met by the demolition of most of the existing buildings. The Conservation Commission continued this hearing from November 12, 2009 to provide the applicant the opportunity to research and address some drainage issues, specifically the status of the site where they are proposing their drainage outfall. The applicant has been unable to conclude this research on time an needs an extension. Staff recommendation: Continue the public hearing to 5:00 PM on Thursday January 28, 2010 to provide sufficient time for: 1. The requested information AND time for us to analyze this information; and 2. The applicant to obtain their Stormwater Permit from DPW; and 3. The applicant to obtain their MEPA Certificate from the Secretary of Energy and Environmental Affairs. {Note: Wayne Feiden will be unavailable for a meeting on January 14th} 5:30 PM Boston and Maine Request for Determination of Applicability for mechanical and chemical weed control on and adjacent to the railroad. This is a routine Determination of Applicability that the Commission issues every few years (typically every five years) to allow maintenance control of weeds. Staff recommends a negative Determination allowing the work to take place. �G � AI.p � - `'s`at " t;x�c �a � i:ux..• s a � 1a=�' tt d s:un en"i :. �'k-. ..". i "a�` ;,::. 6:00 PM Heather Wark for a Request for Determination of Applicability for a 20' by 24' addition at the rear of 145 Vernon Street. This project is 180' from the river in the outer riparian zone on a previously disturbed site. Staff recommends a negative Determination allowing the work to take place. �G � AI.p � - `'s`ac " t;x�c �a � i:ux..• s a � 1a=�' tt d s:un en�i :. �'k-. x.k. i "a�` ;,::.