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2006_Conservation_Commission Northampton Conservation Commission Minutes for January 12, 2006 Members present: John Body, Paul Wetzel, Susan Carbin, Wendy Sweetser, Staff Present: Bruce Young 5:30 PM John Body opened the meeting Sue moved to appoint Mike Vito as an Associate Member of the Conservation Commission Wendy seconded the motion All in favor 5:31 PM Notice of Intent filed by the City of Northampton for the construction of a 20,000 square foot single-story senior center, parking lot and associated site work. Work will take place in the buffer zone of Bordering Vegetated Wetlands. Project location is 81 Conz Street, Map ID 39A-01. Mike Owens project manager, Kevin Kroback, and Jeff Squire presented the application to the Commission Wendy moved to close hearing Paul seconded the motion John stated that the reasons specific to this application that allowed the Commission to accept the project are: the wetlands are located in an area with a perched water table, the wetlands are severely degraded, isolated, and adjacent to an already disturbed site. Sue moved to accept Standard Conditions #1-25 and Condition #26—the applicant provides a minimum eight-foot wide buffer strip between the wetland and the parking area and the buffer strip is to be planted with native tree and shrub clusters across entire strip. There is to be curbing at the wetland edge of the parking area. Condition #27—The applicant must remove the invasive plants in the wetland prior to completion of the project and must provide an annual maintenance plan for a minimum of five years for cleanup of the invasive plants and any trash in the wetlands Wendy seconded the motion All in favor 6:06 PM Notice of Intent filed by Richard Nasman for The Berkshire Gas Company to install an additional 1.9 miles of 12” steel gas main to the existing system. Work will take place in the buffer zone of Bordering Vegetated Wetlands and Riverfront Area. Project location is along Hatfield Street, North King Street and Hatfield Road. Andre Gaunthier from Northstar for Berkshire Gas presented the application Wendy moved to close hearing Sue seconded the motion All in favor Paul moved to accept the Standard Conditions #1-25 Condition #26—All spoils piles must have straw wattles around them at all times Sue seconded the motion All in favor 6:27 PM Request for Determination of Applicability filed by Arthur Prichette for Sweet Meadow Properties to determine whether the boundaries of the resource areas depicted on the submitted plans are accurately delineated. Project location is 64 Reservoir Road, Map ID 10B-51. Jay Vinske of Berkshire Design Group presented the application The Commission voted to continue the hearing according to section 24-5 of the Northampton Wetlands Ordinance, which states- when there is snow on the ground and/or the ground is frozen the Commission may continue a hearing until the snow melts and/or the ground thaws if it determines that accurate wetland delineation is not possible otherwise. Wendy moved to continue to Feb 09, 2006 at 5:30 PM in accordance with Northampton Wetlands Ordinance Sue seconded the motion All in favor 6:30 PM Abbreviated Notice of Resource Area Delineation filed by Kerry O’Brien for Resource Area Delineation Only. Project location is Easthampton Road, Map ID 44-40. Dan Nietsche of Baystate Environmental Consultants presented the application To Commission voted to continue the hearing under section 24-5 of the Northampton Wetlands Ordinance, which states- when there is snow on the ground and/or the ground is frozen the Commission may continue a hearing until the snow melts and/or the ground thaws if it determines that accurate wetland delineation is not possible otherwise. Paul moved to continue to Feb 09, 2006 at 5:35 PM Sue seconded the motion All in favor 6:45 PM Continuation of Request for Determination filed by Peter Gamelli to determine whether the boundaries of the resource area are accurately delineated and whether installation of an 86 foot long, two foot high retaining wall is subject to the Wetlands Protection Act and the Northampton Wetlands Ordinance. Project location is Bates Street, Map ID 25A- 139. Chris Wall of The Berkshire Design Group and Mickey Marcus of New England Environmental presented the application Chris stated that he was awaiting a legal document that would give the Commission an easement for the drainage area that would be enforceable by the Commission and asked for a continuance Sue moved to continue to Jan 26, 2006 at 5:30 PM Wendy seconded All in favor 7:20 PM The Commission met informally with Chris Wall about a potential project off of Easthampton Road 7:55 PM John brought up issue of illegal cutting off of Turkey Hill Road Bruce and John agreed to meet on the property and speak to the abutters about the clearing of trees in the Mineral Hills Conservation Area 8:00 PM Wayne Feiden explained the Rail Trail Project to the Commission Wendy moved to allow Wayne to withdraw $29,000 from the account held by Valley Land Fund for rail trail purchases Sue seconded the motion All in favor 8:20 PM Wendy moved to go into executive session for land purchase information Sue seconded Executive session Role Call-Wendy, John, Sue, Paul Wayne described a potential purchase of land off of Turkey Hill Road. He said that we would need to withdraw the remaining balance out of the Valley Land Fund account and would have to focus our land purchasing power and open space funds on this one project. Wendy motioned to go forward with the terms Wayne described in Executive Session Sue seconded All in favor Paul moved that if the Turkey Hill Road Project does not go through, the Conservation Commission will pay 25% of the purchase price of the Chesterfield Road Project. Sue seconded All in favor John did not vote because he is on the Board of Directors for the Nonotuck Land Fund Wendy moved to come out of executive session Paul seconded the motion All in favor Role Call-Wendy, John, Sue, Paul 9:25PM Sue moved to adjourn the Conservation Commission Meeting Wendy seconded All in favor Northampton Conservation Commission Minutes for January 26, 2006 Members present: John Body, Paul Wetzel, Susan Carbin, Wendy Sweetser, Mason Maronn Staff Present: Bruce Young 5:30 PM - John Body opened the meeting 5:30 PM Notice of Intent filed by Bruce Shallcross for the Three County Fairgrounds. Work includes overall maintenance and facility upgrading. Work will take place in Bordering Land Subject to Flooding. Project location is the Three County Fairgrounds on Fair Street, Map ID 32A-249, 32A-251, 32-1, 25C-251, 25C-264. Mark McClusky and Alec Macleod represented Bruce Shallcross for the Northampton Fair Grounds Wendy motioned to close the hearing Sue seconded the motion All in favor Sue motioned to accept general conditions and that the applicant provide the NCC with their calculations, notify us at least 48 hours in advance before construction and submit plans to the Conservation Commission before any work begins Wendy seconded the motion All in favor 6:04 PM Notice of Intent filed by Richard Korza for Ribevdi Ltd. Partnership. Work includes the construction of a single-family home, septic system and driveway. Work will take place in the 100-foot Buffer Zone of a Bordering Vegetated Wetland. Project Location is 15 Linseed Road, Map ID 03-18. Jeff Squire of The Berkshire Design Group opened the meeting for Linseed Road Wendy moved to continue to February 09, 2006 at 5:40 PM Sue seconded the motion All in favor Wendy motioned to move the wetlands ordinance to City Council Reuven seconded Wendy Mason Reuven Sue voted yes Paul and John voted no Motioned Passed Meeting adjourned Northampton Conservation Commission Minutes for February 09, 2006 Members present: John Body, Paul Wetzel, Susan Carbin, Wendy Sweetser, Mason Maronn Staff Present: Bruce Young John Body opened the meeting at 5:30 PM 5:30 PM Continuation of a Request for Determination of Applicability filed by Arthur Prichette for Sweet Meadow Properties to determine whether the boundaries of the resource areas depicted on the submitted plans are accurately delineated. Project location is 64 Reservoir Road, Map ID 10B-51. Jay Vinske- Berkshire Design Group requested to withdraw the application and stated that they will submit a Notice of Intent Mason moved to close hearing and allow applicant to withdraw application Wendy seconded the motion All in favor 5:35 PM Continuation of an Abbreviated Notice of Resource Area Delineation filed by Kerry O’Brien for Resource Area Delineation Only. Project location is Easthampton Road, Map ID 44-40. Paul moved to continue the hearing until March 23, 2006 at 5:30 PM in the Hearing Room of City Hall Sue seconded the motion All in favor 5:40 PM Continuation of Notice of Intent filed by Richard Korza for Ribevdi Ltd. Partnership. Work includes the construction of a single-family home, septic system and driveway. Work will take place in the 100-foot Buffer Zone of a Bordering Vegetated Wetland. Project Location is 15 Linseed Road, Map ID 03-18. Jeff Squire from Berkshire Design Group presented the application The applicant offered to place backland into Conservation Restriction The revised plan 02/02/2006 provided a stone filter strip, buffer strip and a reduced width of ten feet of driveway Paul moved to close the hearing Wendy seconded the motion All in favor Sue moved to issue General Conditions #1-25 and to require a 10’ Driveway, buffer strip, stone drainage area and to accept the Conservation Restriction Paul seconded All in favor Meeting adjourned Northampton Conservation Commission Minutes for February 23, 2006 Members present: John Body, Paul Wetzel, Susan Carbin, Wendy Sweetser, Staff Present: Bruce Young John Body opened the meeting at 5:30 PM 5:30 PM Continuation of a Request for Determination by Peter Gamelli to determine whether the boundaries of the resource area are accurately delineated and whether installation of an 86 foot long, two foot high retaining wall is subject to the Wetlands Protection Act and the Northampton Wetlands Ordinance. Project location is Bates Street, Map ID 25A-139. Sue moved to continue hearing until 5:30 PM on March 9, 2006 in the Hearing Room Wendy seconded the motion All in favor 5:45 PM Notice of Intent filed by MGM Real Estate Associates LLC for the construction of ten housing units and associated site improvements, including parking. Work will take place in the buffer zone of a Bordering Vegetated Wetland. Project Location is Bates Street, Map ID 25A-139. Sue moved to continue hearing until 5:45 PM on March 9, 2006 in the Hearing Room Wendy seconded the motion All in favor 5:53 PM Meeting with Wayne Feiden to discuss the Turkey Hill Project 7:04 PM Certificate of Compliance filed for White Oak Woods subdivision by Todd Cellura for Sovereign Builders, Inc. Project location is Dunphy Drive, Map ID 36-87 and 43-5,6,7. Sue moved to accept the Certificate of Compliance Paul seconded the motion All in favor Mason moved to adjourn Wendy seconded All in favor Northampton Conservation Commission Minutes for March 09, 2006 Members Present: John Body, Paul Wetzel, Sue Carbin, Reuven Goldstein Staff Present: Bruce Young, Land Use and Conservation Planner John Body opened the meeting at 5:38 PM Sue moved to accept minutes for 11/10/05, 1/12/06, 1/26/06, 2/09/06, and 2/23/06 Reuven seconded the motion All in favor 5:39 PM Continuation of a Request for Determination by Peter Gamelli to determine whether the boundaries of the resource area are accurately delineated and whether installation of an 86 foot long, two foot high retaining wall is subject to the Wetlands Protection Act and the Northampton Wetlands Ordinance. Mark Darnold from The Berkshire Design Group presented for the applicant Mark Darnold and the Commission discussed the option of conducting a proper delineation on the property, or placing a Conservation Restriction on the property. Mark stated that a draft easement was presented to Bruce Young. Bruce stated that the draft statement did not give the Conservation Commission the right to enforce the easement and allowed the owner to change the hydrological characteristics of the area in question. The applicant agreed to have his lawyer draft a Conservation Restriction or new easement that gives the Northampton Conservation Commission the right to monitor and enforce an easement or Conservation Restriction and does not change the hydrological characteristics of the channel. The applicant agreed to provide Bruce Young with a draft copy to review and disseminate to the Northampton Conservation Commission. John Allen, a neighbor, stated that he was concerned about water backing up into his cellar. Veronica Dragon, a neighbor, stated that the area being called a drainage area was once a wetland before the applicant began mowing approximately thirty years ago David Munska stated that his family has owned the land for over 40 years and they have maintained the area in question Paul motioned to continue the hearing until April 13th at 5:45 Sue seconded All in favor 6:20 PM Continuation of a Notice of Intent filed by MGM Real Estate Associates LLC for the construction of ten housing units and associated site improvements, including parking. Mark Darnold from The Berkshire Design Group presented on behalf of MGM Real Estate Associates LLC Mark explained the stormwater system for the project Paul simplified the information for the public Sue moved to continue the hearing until April 13th at 6:00 so that the Northampton Conservation Commission can review the Conservation Restriction decided upon in the 5:30 hearing. Paul seconded All in favor 6:39 PM Notice of Intent filed by Smith College for the Paradise Pond Management Plan. The plan covers ongoing routine maintenance activities including, operation and maintenance of the dam, removal of floating debris, protection and maintenance of the pond shoreline and vegetation, maintenance of the dock and boathouses, maintenance of the campus irrigation system, and removal of debris downstream of the dam. Work will take place in Bank, Bordering Vegetated Wetlands, Land Under Waterbodies and Waterways, Bordering Land Subject to Flooding and Riverfront Area. Tom Jenkins and Nat Arai from Baystate Environmental Consultants presented on behalf of Smith College Smith did not yet have the proper fee for the application The Northampton Conservation Commission had not yet received the recommendations from the Massachusetts Division of Fish and Wildlife Natural Heritage and Endangered Species Program The Commission read the comments from the Department of Environmental Protection (DEP) and asked the applicants to revise the plan to reflect the DEP comments The Massachusetts Audubon Society submitted a letter for the record in favor of the management plan Sue moved to continue hearing until April 13th 6:30 Paul seconded All in favor 7:30 PM Request for Determination of Applicability filed the City of Northampton Office of Planning and Development. The request is to determine whether the work depicted on the plan is subject to the Wetlands Protection Act and/or the jurisdiction of the Northampton Wetlands Ordinance. Bruce Young presented the application for the City of Northampton Sue motioned to issue a negative determination checking box 3 with conditions that erosion control and sedimentation controls shall be place on the resource side of the driveways on lots 1, 2 and 3 and that shall constitute the permanent limit of work line. Paul seconded All in favor 7:45 PM Meeting with Paulette Kuzdeba from the Northampton Department of Public Works (DPW) about breaching beaver dams in the Barrett Street Marsh Paulette requested that DPW be allowed to remove one foot off of the top of the existing dams, in the channel in Barrett Street Marsh, so that the DPW could effectively trap beavers. Paulette showed orthophotos of the dams and pictures of the weir explaining that the drainage system cannot be maintained because the water is too high. She stated that the weir on the Barrett Street side of the marsh was created to keep the water level at 140 ft above sea level, and that the top of the first beaver dam is now at 143 ft above sea level and the second dam is at 144 feet above sea level. Paulette stated that the area was created as a marsh that should have trees and other woody vegetation growing in the marsh, but the woody vegetation had died and the marsh is now a swamp with high water levels. John Body had concerns of the sustainability of trapping beavers in the Marsh vs. finding an engineered solution Sue moved to allow DPW to remove one foot in the channel on both beaver dams in the Barrett Street Marsh. Paul seconded Paul, Sue, Reuven voted for and John voted against 8:20 Joe Misterka introduced himself to the Commission and stated that he is interested in one day becoming a member of the Northampton Conservation Commission or an associated member Joe was informed that the Commission does not have associate members; the Commission assigns interested parties the title of unpaid consultant. It was suggested that the Commission consider Joe as an unpaid consultant. The Commission decided that they need to develop a policy for assigning the title of unpaid consultant and concluded that until a policy is adopted they would expect someone to attend three consecutive Conservation Commission meetings before the Commission would vote to assign them that title. 8:40 PM Request for Certificate of Compliance for Verizon Wireless at 221 Pine Street, DEP File Number 246-524. Sue moved to issue a Certificate of Compliance for Verizon Wireless Paul seconded All in favor 8:50PM Bruce Young presented a proposal for an amendment to a Notice of Intent for 844 North King Street DEP File Number 246-561. Sue moved to not accept as the proposal for an amendment and to have Bruce Young contact the applicant and inform the applicant to move forward with a new Notice of Intent for the proposed work. Reuven seconded All in favor 9:00 PM Bruce presented a Request for Certificate of Compliance for Mill Valley Molding, Inc. c/o Wilhelm, Shimel and King for a final Order of Conditions issued to American Realty Trust, Inc DEP File # 246-458. The Certificate of Compliance is for an Order of Conditions that has lapsed and is therefore no longer valid, and the work regulated was never started. Paul moved to issue a Certificate of Compliance Sue seconded All in favor John Body asked why the Economic Development Coordinator is presenting the Northampton Wetlands Ordinance to the Economic Development, Housing and Land Use Committee (EDHLUC) on Monday, March 13, 2006. The Commission requested that Bruce Young attend the meeting and present the proposed changes to the ordinance to the EDHLUC. Sue Carbin nominated Paul Wetzel for Chair of the Conservation Commission Reuven Goldstein seconded All in favor Sue Carbin nominated John Body as Vice Chair of the Conservation Commission Reuven Seconded All in favor Reuven Goldstein nominated John Body for Chair of Wildlife Committee Sue Carbin seconded All in favor Paul Wetzel nominated Reuven Goldstein for Channel Marker Committee Sue Carbin seconded All in favor Reuven Goldstein nominated Sue Carbin for Historic Mill River Committee Paul seconded All in favor Reuven Goldstein nominated Sue Carbin for Tree Committee Paul seconded All in favor John Body mentioned the formation of a Land Committee for baseline information and fund raising for land acquisition and maintenance. The Commission is going to continue discussing this and determine the best route to form a committee. Paul moved to close meeting at 9:50 PM Sue seconded All in favor Northampton Conservation Commission Minutes for March 23, 2006 Members Present: John Body, Paul Wetzel, Sue Carbin, Reuven Goldstein, Michael Vito, Mason Maronn Staff Present: Bruce Young, Land Use and Conservation Planner Paul Wetzel opened the public hearing at 5:35 PM Bruce Young briefly explained the proposed changes to the Northampton Wetlands Ordinance (Ordinance). The Commission asked the public for written comments concerning the proposed Northampton Wetlands Ordinance to be submitted by April 06, 2006 to the City of Northampton, Office of Planning and Development. Paul Wetzel invited the public to comment on the proposed changes to the Ordinance. Molly Hale stated that there is confusing language (see attached comments) Keith Davis- Submitted and read a letter (see attached letter) Susan Beck from the Chamber of Commerce stated that she generally supports the distinction in the regulations between industrial/commercial areas and the outlying areas of the City. She stated that she believes the Ordinance is far reaching and may provide too much protection in areas slated for development. She recommended creating a graphic showing all of the vernal pools and resource areas to show the significance of the Ordinance. She also stated that due to cost of housing, Northampton is one of the least affordable municipalities in the area based on the current housing prices vs household income levels. Dave Rothstein 416 Florence Road submitted a letter (see attached) Dan Keith 68 Leonard Street Leeds stated that he supports the ordinance, and that development should be in the form of infill in already developed areas. He stated that the protection of vernal pools is important, as is the protection of the outlying areas in the City. He stated that he would like to see more developers submitting plans with resource areas and vernal pools on their plans. Geoge Kohout 37 Evergreen Road Leeds stated that he supports the ordinance especially the section on replication. He stated that he believes that the Commission should ask for more than the original top 12 inches of wetlands soil in the replacement area. He also stated that the Commission should not remove the section on signage, create a section to require physical boundaries that mark the wetlands buffer zone, and provide more than a 200 ft area of protection around vernal pools. Robert Bissell President of Broad Brook Coalition submitted a letter (see attached) and stated that the Broad Brook Coalition would like to see a 200ft buffer around vernal pools in the Business Park Zone, and they favor strengthening the language of the ordinance as mentioned by Molly Hale Pat Melnik 28 Evergreen submitted a letter and stated that he is worried that the language is confusing and that the Ordinance could be interpreted as giving an additional 100 ft buffer around vernal pool resource areas. Joanne Montgomery stated that she is concerned that the language in the proposed Ordinance appears to be strengthening the protection of the City’s resource areas, but actually is weakening the protection in many areas of the City. She stated that by providing an applicant with information on encroachment distances allowed within the 100-foot buffer, applicants would automatically apply to construct their projects at that minimum distance. She stated that the language in section 24-10 5A, as written, could apply to vernal pools. Louis Hasbrook 33 Laurel Park stated that the Ordinance restricts development in the City. He stated that the definition of vernal pool habitat should be the same as the state and that the state Wetlands Protection Act is effective in protecting vernal pools. He also stated that the city may not have resources to enforce these new regulations, and he would like to replace the words rule of thumb in section 24-10 6A Garrett Stover 55 Fairview Avenue stated that infill development is good for the City, but the business park zone should not be in the same category as the other infill development, and the Commission should have the same protection in that area as other pristine areas in the City. He also asked to change shall to may in section 24-10 2 and 3 Deb Jacobs 82 Grove Avenue Leeds stated that she would like to see the city reevaluate exempting industrial areas from the same protection as the outlying areas. She also stated that she believes that we have a dilemma in enforcement and would like to see boundary markers for resource areas. As member of the Northampton Tree Committee, she would like the replacement definition to be more specific (see attached). Brandon Abbott stated that he believes the 100ft wetlands buffer and the 200 ft vernal protection is not enough protection for these resource areas. Teri Anderson, Economic Development Coordinator for the City of Northampton stated that the exemptions for Commercial/Industrial zones are very important for future development of the City. She stated that there are very few areas in the City to convert to commercial or industrial use. She stated that the business park protection is currently and will be more prohibitive than the Wetlands Protection Act and that if the City purchases the land to develop the business park zone, the City will work with wildlife biologists to determine the least disruptive development scheme. Anne ? Riverside Drive stated that she is worried about having less protection in infill areas because there are infill areas that are ecologically sensitive and should have the same protection as the pristine outlying areas. Paul Wetzel read a letter from Mass Audubon (see attached). End of Wetlands Ordinance Business Before the meeting with George Andrikitis, Kathy Silva reported that the contaminated soil at the Cutlery Building on Riverside Drive is exposed and needs to be covered. 6:55 Meeting with George Andrikitis of DPW George provided the Commission with an historical overview of the Barrett Street Marsh. He stated that he would like to be assured that the Commission will continue to allow the DPW to manage the water level at the marsh and stated that the DPW will ask permission to remove the dams. He said that there is no guaranty that beavers will not return to the marsh after removal of the dams. He stated that the DPW’s task is to prevent flooding in the City and that if the Commission does not want trapping to occur in the marsh, the Conservation Commission needs to find an alternative solution to the beaver problem that will not tax the DPW work force. He stated that the DPW does not have manpower to continually clean man-made structures in the marsh, so the solution to the beaver problem must not require an exorbitant amount of maintenance-unless the Commission is willing to do the required maintenance. He stated that the DPW will cooperate with Conservation Commission 100% on a sustainable solution. 7:00 Request for Determination of Applicability filed by Lyn Nuttleman to determine whether the boundaries of the resource areas are accurately delineated, whether the construction of a common driveway for access to three flag lots is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is 1095 Westhampton Road, Map ID 41-22. Sue motioned to continue the hearing until 5:30 on April 13, 2006 Wendy seconded the motion All in favor 7:15 Request for Determination of Applicability filed by Joe and Mary Jasinski to determine whether replacement of an existing walkway is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is 43 Fair Street, Map ID 32A-248. Joe Jasinski presented the application Joe stated that he would like to replace the walkway from Fair Street to his house and that he would be removing approximately 0.8 yards of concrete and replacing it with new concrete. Reuven moved to issue negative determination box 2 Wendy seconded All in favor 7:30 PM Request for Determination of Applicability filed by the Northampton Community Youth Rowing Club to determine whether the construction of storage racks and fencing are subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is Northampton Community Youth Rowing Clubhouse on Old Springfield Road, Map ID 45-43. Because the applicant was out of town, Bruce Young presented the application for the applicant John motioned to issue negative determination checking box 2 Wendy seconded the motion All in favor 7:45 Continuation of an Abbreviated Notice of Resource Area Delineation filed by Kerry O’Brien for Resource Area Delineation Only. Project location is Easthampton Road, Map ID 44-40. The Commission scheduled a site visit for 5:30 on April 12, 2006 John motioned to Continue to April 13, 2006 at 5:45 PM Mike seconded the motion All in favor Wendy moved to schedule a Public Meeting on April 12, 2006 at 6:30 PM to discuss the Northampton Wetlands Ordinance and the public comments from the Public Hearing on March 23, 2006 John seconded All in favor Bruce agreed to send the Sudbury Wetlands Bylaw to the Commission before April 12, 2006. John introduced the following Roberts Hill Conservation Area hike on May 20, 2006 with John Body Warbler Hike on Saturday May 06, 2006 with Marcia Marathuea Biodiversity Days- Wildlife/Grassland Habitat tour at the Arcadia Wildlife Sanctuary, Living with beavers at the Broad Brook Coalition, and the floating peat mat tour at the Brookwood Marsh Conservation Area. Doug Kohl gave John Body permission to access the property with Canoes at Brookwood Marsh. Vernal pool hike into the Saw Mill Hills Conservation Area Wendy Motioned to have the Conservation Commission sponsor the above listed activities Mason seconded All in favor Sue motioned to have the Commission accept a kiosk similar to Mineral Hills Conservation Area kiosk at the Saw Mill Hills Conservation Area Reuven seconded All in favor Paul discussed forming a committee to look at Barrett Street Marsh sustainability issue The Commission agreed to form a task force with: A member of the Conservation Commission A wildlife biologist An Engineer A member of the Department of Public Works Members of the public appointed by City Council Member Maureen Carney A citizen at large John motioned to follow up on suggestion to create a task force with the members listed above Mike seconded All in favor Northampton Conservation Commission Minutes for April 12, 2006 Members Present: Paul Wetzel, Sue Carbin, Reuven Goldstein, Michael Vito, Wendy Sweetser Staff Present: Bruce Young, Land Use and Conservation Planner Paul Wetzel opened the public meeting at 6:30 PM Jonathan Wright 43 Beacon Street Florence commented on the Northampton Wetlands Ordinance (Ordinance) by stating that he is concerned that infill development will be very difficult because of the new restrictions on vernal pools and wetlands. He referenced the proposed 200% replication of disturbed wetlands as an example and stated that this amount of replicaiton would be difficult to achieve in an urban setting. He also stated that the language on how an applicant may verify if an area is a vernal pool or not a vernal pool is burdensome to the applicant. He added that enforcement may be problem for the City if we increase our protection of resource areas. Paul opened the discussion to the Commission on the Wetlands Ordinance The Commission discussed the comments made by the public on the buffer Area around vernal pools and concluded that they would like to keep the buffer area as it is in the proposed Ordinance. The Commission also agreed to keep the vernal pool and the surrounding area defined as a Vernal Pool Resource Area. The Commission agreed to remove the word “buffer” in the definition of a Vernal Pool Resource Area and make the language in the proposed ordinance consistent so that there is no confusion about resource areas with a buffer zone and resource areas without a buffer zones (Vernal Pool Resource Area). The Commission also agreed to have Bruce write a section that shall include what might be allowed in the Vernal Pool Resource Area- similar to what is outlined in the Massachusetts Rivers Protection Act. The section would include the required proof to be provided by the applicant for any disturbance in the Vernal Pool Resource Area, and the section should include a no disturbance zone and alternatives analysis requirements. The Commission decided to remove the words Rule of Thumb on Page 8 of the proposed Ordinance and to place an ‘or” between letter A, B, and C on Page 8. The Commission also decided to move D on page 8 into the introductory paragraph and move E on page 8 into the last paragraph. The new language will be consistent with the rest of the proposed Ordinance in reference to resource areas, buffers, etc. The Commission decided to replace the “Encroachment Generally Allowed” title on the table on top of page 7 to No Encroachment Zone, and to rearrange this section of the proposed Ordinance so that applicants are first informed that the Ordinance provides 100 feet of protection around the wetlands and then informs them of what is needed if they need to develop closer to the wetlands, and finally informs them of the absolute limit of no disturbance that the Commission would allow if they can show that their project protects the resource area. The Commission decided to keep the section requiring the applicant to post a sign before the public meeting and charged Bruce with writing a section that provides clear guidelines to the applicant as to size, placement, etc. The Commission decided that an 11x17 sign with large font size-to be determined- should be used for the sign. 9:10 PM Paul discussed his progress on the Barrett Street Marsh Beaver Task Force 9:30 PM Wendy moved to adjourn Sue seconded All in favor Northampton Conservation Commission Minutes for April 18, 2006 Members Present: Paul Wetzel, Sue Carbin, Reuven Goldstein, John Body Staff Present: Bruce Young, Land Use and Conservation Planner Paul Wetzel opened the public hearing at 5:30 PM Sue moved to accept minutes of March 23, 2006 Reuven seconded the motion All in favor Sue moved to accept minutes of April 12, 2006 Reuven seconded the motion John abstain All others in favor 5:34 PM Continuation of Request for Determination of Applicability filed by Lyn Nuttleman to determine whether the boundaries of the resource areas are accurately delineated, and whether the construction of a common driveway for access to three flag lots is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is 1095 Westhampton Road, Map ID 41-22. Mark McClusky of Huntley Associates presented for the applicant Mark presented an updated plan to the Commission showing the “Wetland E” on the border of Westhampton Road Applicant asked for hearing to be continued to gather information on the agricultural history of “Wetland E” and to discuss the option of placing a conservation restriction/protection mechanism on the property Reuven motioned to continue the hearing until April 27, 2006 at 7:00 PM Sue seconded the motion All in favor 6:04 PM Continuation of an Abbreviated Notice of Resource Area Delineation filed by Kerry O’Brien for Resource Area Delineation Only. Project location is Easthampton Road, Map ID 44-40. Dan Nitzsche from Baystate Environmental Services presented for the applicant 1 Dan submitted updated plans showing changes approved by the Conservation Commission at a site visit on April 12, 2006 John motioned to accept delineation as indicated on the plans -without defining the water area in rear of the property (historic canal) Sue seconded the motion All in favor 6:13 PM Continuation of a Request for Determination by Peter Gamelli to determine whether the boundaries of the resource area are accurately delineated and whether installation of an 86 foot long, two foot high retaining wall is subject to the Wetlands Protection Act and the Northampton Wetlands Ordinance. Project location is Bates Street, Map ID 25A-139. Chris Wall from The Berkshire Design Group requested to formally withdraw the Request for Determination of Applicability (RDA) Sue Moved to accept withdrawal of RDA John seconded the motion All in favor 6:15 PM Continuation of a Notice of Intent filed by MGM Real Estate Associates LLC for the construction of ten housing units and associated site improvements, including parking. Work will take place in the buffer zone of a Bordering Vegetated Wetland. Project Location is Bates Street, Map ID 25A-139. Chris Wall from The Berkshire Design Group presented the changes/updated plan for the site to the Northampton Conservation Commission. The Applicant and Commission discussed the Conservation Restriction proposal submitted by the applicant. Bruce Young informed the applicant that the Commonwealth might not accept the Conservation Restriction for the property located off of Bates Street. Bruce informed the applicant that conducting a proper wetlands delineation would be a better alternative to placing a Conservation Restriction on a piece of property this size. The applicant informed the Commission that he does not want to conduct a proper delineation for the property in question and would rather move forward with a Conservation Restriction and accept the risk of being denied by the Commonwealth. The applicant informed the commission that he would like to work with Bruce Young on improving the Conservation Restriction language. Sue moved to continue the hearing until April 27,2006 at 7:30 PM Reuven seconded the motion All in favor 6:50 Continuation of a Notice of Intent filed by Smith College for the Paradise Pond Management Plan. The plan covers ongoing routine maintenance activities including, operation and maintenance of the dam, removal of floating debris, protection and maintenance of the pond shoreline and vegetation, maintenance of the dock and boathouses, maintenance of the campus irrigation system, and removal of debris downstream of the dam. Work will take place in Bank, Bordering Vegetated Wetlands, 2 Land Under Waterbodies and Waterways, Bordering Land Subject to Flooding and Riverfront Area. Project location is Smith College Paradise Pond Area, Map ID 31A- 257,260,324; 31B-289,290,292,293; 31C-013,014,015; 31D008-011,020,238,999. Sue moved to continue the hearing until July 27, 2006 at 5:30 PM Reuven seconded the motion All in favor 7:00 PM Paul introduced a list of potential members for the Barrett Street Marsh Task Force Biologist-Denise Lello, Laurie Sanders Engineers-Tom Jenkins, Dave Rechow Citizens- Ellie Shellburne, Dee Boil-Clapp, Fred Morrison Councilor/Citizen- James Krawczynski Conservation Commission Liaison John moved to amend previous construction of task force to six members and a liaison from the Conservation Commission, and not have a member of the Department of Public Works on the task force Sue seconded the motion All in favor John motioned to extend the first invitation to Denise Lello, Fred Morrison, Tom Jenkins, Ellie Shellburne, Dee Boil-Clapp and James Krawczyski Sue seconded the motion All in favor 7:30 PM Notice of Intent filed by Arthur Pichette for Sweet Meadow Properties, LLC for the redevelopment of a residential site, removal of existing house, garage and driveway, restoration within Riverfront Area, construction of three new homes outside Riverfront Area, and construction of a common driveway with one Bordering Vegetated Wetland crossing. Project location is 64 Reservoir Road, Map ID 10B-51. Jay Vinske from The Berkshire Design Group presented for the applicant Applicant did not present a 401 Water Quality Certification or deed restriction as required by the Department of Environmental Protection. Paul noted that the house envelope for lot #1 was located in the wetlands buffer, which is directly adjacent to an extremely steep slope dropping into the Bordering Vegetated Wetlands and an intermittent stream on the west side of the parcel. He also noted that the natural state of the Riverfront Area would be heavily disturbed by the clearing for the driveway, shoulder, retaining walls, swale and graded embankment, which would result in a loss of a significant amount of natural vegetation on an extremely steep slope in the Riverfront Area. The applicant stated that the slope is approximately 38% and that they plan to have 2:1 slope clearings along driveway and at the wetland crossing. Bruce stated that the 2:1 slope clearing would be nearly 60’ and would be added to another 25’ of clearing for the driveway, shoulders, swale, and retaining wall, 3 Bruce and Paul stated that they felt that the slope near the wetland complex on the west side of the parcel might be steeper than it is shown on the plan. Sue stated that much of the area in the 100’ Riverfront Area is on steep slopes and that this area and the restoration area would not provide enough natural buffer to alleviate the loss of natural vegetation on the steep slopes from the proposed clearing. She said that she believed the area would be eroded and the resource area would be affected by surface water runoff and stormwater flows. She stated that there is not enough information in the Notice of Intent to show that the change in the natural state would not result in an adverse impact on the resource area. Bruce stated that the project qualifies as a redevelopment within the Riverfront Area, but the applicant is changing the use and area being disturbed and asked if the applicant has completed an alternatives analysis for this project. Jay Vinske stated that he believes that it is a redevelopment project and does not need an alternatives analysis. The applicant stated that he has met with the neighborhood group and that there would be ten-foot easement to allow residents from the downtown/Water Street area to cross the property along the River. Bruce asked if the easement would cross through the restoration area. The applicant said that the easement would pass through the Riverfront Area and restoration area-along the 25’ Riverfront Area John stated that he believed that providing a walking easement through the restoration area and close to the resource area is not in line with protecting the interests of the Wetlands Protection Act-because it would interrupt the natural vegetation surrounding the resource area and disrupt wildlife movement. The applicant stated that they have completed other projects with steep slopes that did not have problems A neighbor stated that the proposed houses cross an historic trail that leads to the adjacent Roberts Hill Conservation Area A neighbor stated that many bears and wildlife use the area A neighbor stated that the slopes are very stable and that water runs right off of the slopes A neighbor would like to add to the record that in the winter there is runoff that causes ice spot on road near edge of property and that he has met with the applicant to discuss a drainage easement to the City to fix the problem. A neighbor stated that the steep slopes across the street are already eroded and that there are areas that were disturbed that have lost 8 feet of soil from erosion John moved to close hearing Sue seconded Sue stated that she does not support the clearing of natural vegetation in the Riverfront Area on the steep slopes and that it would negatively affect surface water runoff. She also stated that the added impervious surface would result in a loss of ground water recharge in the Riverfront Area John stated that the slopes were too steep and the clearings too large in the Riverfront Area. He stated that the applicant has not shown how this project will not have a greater impact than what is currently located on the property and that this project will negatively impact groundwater, flood control, stormwater impact, and wildlife habitat. Reuven stated that he agrees with John and cannot support this project 4 John moved to deny the application under Wetlands Protection Act and the Northampton Wetlands Ordinance based on the reasons stated during the hearing and the reasons stated in the staff report. Sue seconded the motion All in favor 8:25 Notice of Intent filed by Gary Wilson for construction of plumbing and heating business offices and warehouse. Work will take place in the 100’ buffer of a Bordering Vegetated Wetland. Project Location is Easthampton Road – Route 10, Map ID 44-39. Bruce Young will attend a meeting at the site on Thursday, April 20, 2006 at 5:00 PM John moved to continue meeting to April 27, 2006 at 7:45 PM Sue seconded the motion All in favor 8:45 PM Request for Determination of Applicability filed by Charles Canalizo to determine whether the replacement of a drainage pipe is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is 181 Westhampton Road, Map ID 43-179 Hearing cancelled due to Emergency Certification issued to applicant on 04/04/2006 Sue motioned to accept the Emergency Certification Reuven seconded the motion All in favor Because Bruce Young will be out of town and no new applications have been submitted, the Conservation Commission voted to cancel the meeting on May 11, 2006. The Conservation Commission examined the right of first refusal for the property located adjacent to 64 Reservoir Road. The Commission opted to wait to sign the right of first refusal so that they may gather more information on the property. The Commission will discuss this issue at the hearing on April 27,2006. John Body volunteered to be the liaison between the Cardinal Way Homeowners Association, the surrounding neighborhood, and the Conservation Commission. John agreed to work with Bruce to set up a neighborhood meeting and/or workday for the Parsons Brook Conservation Area in the Cardinal Way Subdivision. John Body informed the Commission that the Friends of the Saw Mill Hills have scheduled a workday for the Saw Mill Hills Conservation Area on April 29, 2006 John Body has volunteered to lead a hike in the Roberts Hill Conservation Area at 1:00 PM on Saturday, May 20, 2006 for the Step Up to Health Northampton Event sponsored by the Northampton Recreation Commission. 5 Biodiversity days is on June 3rd to Jun3 11th –Bruce Hart from the Broad Brook Coalition will lead a beaver workshop at Fitzgerald Lake on June 2nd from 7-9PM Mary Shanley-Kober will lead an information session at the Audubon bird blind on June 3rd from 9-11 AM John Body will lead a Burt’s Pit Bog canoe tour on Saturday June 10, 2006- Time to be determined John motioned to award Terry Blunt from the Department of Conservation and Recreation as the Northampton Conservation Commission Steward of the Season Reuven seconded the motion All in favor Bruce mentioned that the Conservation Commission needs to schedule a time that they can meet weekly or biweekly to conduct site visits. The Commission members agreed that a time needs to be set and that the discussion should wait until Mason and Michael could attend the meeting. The Commission discussed requesting a training session with Mark Stinson, DEP, to discuss beaver issues. The meeting could be a joint meeting with the Board of Health, Board of Public Works and the Conservation Commission. Bruce will contact Mark Stinson to discuss a potential training The Commission discussed and tabled the following potential guidelines for Conservation Commission Associate Members 1) Members could be voted in at any time, but must be reappointed in January 2) Members could be removed at anytime by a majority vote of a quorum 3) Members could sit in on meetings and ask questions, but would not be part of the conversation once the hearing is closed. The Commission determined that currently there are no associate members The Commission determined that they should appoint a member to the Economic Development Housing and Land Use Committee (EDHLUC). The appointed representative should report to the Commission after the EDHLUC meeting. Reuven motioned to have Bruce write a recommendation to the Northampton Planning Board to deny the request for an extension of the length of the proposed Beaver Brook Subdivision Road, to request that the lots with frontage off of Route 9 (Haydenville Road) use frontage from the cul-de-sac, and to only accept the Conservation Restriction for the Beaver Brook Subdivision as one contiguous piece, as suggested by the Natural Heritage and Endangered Species Program. Sue seconded the motion All in favor Sue moved to adjourn the meeting at 10:32 PM 6 7 John seconded the motion All in favor Northampton Conservation Commission Minutes for April 27, 2006 Members Present: Paul Wetzel, Sue Carbin, Reuven Goldstein, John Body, Mason Maronn, Michael Vito Staff Present: Bruce Young, Land Use and Conservation Planner Paul Wetzel opened the public hearing at 5:30 PM Sue moved to accept the minutes of April 12, 2006 Reuven seconded the motion Mason abstained All else in favor of the motion 5:32 PM Notice of Intent filed by Sarah Freedberg for construction of an addition, attached garage and deck on an existing single-family home. Work will take place within the 100’ buffer of a Bordering Vegetated Wetlands. Project location is 18 Winter Street, Map ID 24D- 27, 28. Chuck Dauchy presented for the applicant Chuck offered to place a rain garden on the northwestern section of the parcel (on the existing lawn) to deal with any additional runoff from the additional impervious surface. Chuck agreed to submit a raingarden plan to the Northampton Conservation Commission (NCC) before construction. Mason moved to close the hearing Sue seconded the motion John motioned to accept general conditions 1-32 #33 Applicant constructs a raingarden to handle additional impervious flow for a 2-year storm, and additional erosion and sediment control barriers will be placed around proposed rain garden disturbance area. Reuven seconded the motion All in favor 5:48 PM May 01, 2006 Paul announced the first meeting of Barrett Street Marsh Task Force at 7:00 PM in the basement of Forbes Library. 1 6:00 PM Notice of Intent filed by Debra Wysocki for landscaping and the construction of a chain link fence to create a paddock around an existing building. Work will take place in the 100’ buffer of a Bordering Vegetated Wetlands and Riverfront Area. Project location is 557 Easthampton Road, Map ID –51-09 Marc Darnold from the Berkshire Design Group presented for the applicant The applicant stated that up to 50 supervised dogs (there may be more or less dogs- based on their size) will be present at the day care facility The applicant stated that the proposed paddock area as shown on the plan is 45’ wide by 100’ long Applicant would like to move shed to corner of the paddock area Applicant would like to level gravel/soil piles on-site Applicant estimated that approximately one ounce of nitrogen per day will be deposited on-site from dog urine John moved to close the hearing Sue seconded the motion John moved to accept general conditions #1-32 #33 Applicant constructs a minimum 2’ wide by 1’ deep closed swale on the wetlands side of the paddock that must be seeded with native grasses And the NCC granted permission to remove the junk pile located on the plan, move the shed to the corner of the paddock area, and to level the gravel/soil piles in the Buffer Zone of the Bordering Vegetated Wetland. Sue seconded the motion All in favor 6:30 PM Notice of Intent filed by Thomas Horton for the removal of debris, excavation and disposal of lead-contaminated soil, covering of lead-contaminated soil, construction of elevated garden plots, construction of a 25x35’ barn, and alteration of an isolated wetland. Work will take place in Bordering Land Subject to Flooding, Isolated Wetlands, and buffer zone of Isolated Wetlands. Project location is 115 Bridge Street, Map ID 32A-241. Alec Macleod presented for the applicant The commission discussed having the applicant submit a restoration plan of native species around the pond and drainage swale. Jerry Budgar – Neighbor presented that he is concerned about a rising water table in the area and is concerned about the work that was completed without a permit. Jerry stated that he is concerned about where any fill from the project ends up and he has concerns over the recent flooding. Jerry asked the commission to not allow any increase in compensatory storage A letter from Maria Tomaszko, an abutter, was read aloud to the Commission and admitted to the file John motioned to close hearing Mike seconded the motion All in favor The NCC did not yet decide on the conditions for this permit 2 7:00 PM Continuation of Request for Determination of Applicability filed by Lyn Nuttleman to determine whether the boundaries of the resource areas are accurately delineated, and whether the construction of a common driveway for access to three flag lots is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is 1095 Westhampton Road, Map ID 41-22. Alec Macleod presented for the applicant Alec explained that the area of wetlands near Westhampton Road is an agricultural field and the owner would like to continue using it for agricultural purposes. Mason motioned to close hearing Reuven seconded the motion All in favor Mason moved to issue a negative determination checking box #3 with conditions that there be a 5’ wide vegetated buffer strip between the driveway and wetland E on the plan Sue seconded the motion All in favor 7:33 PM Continuation of a Notice of Intent filed by MGM Real Estate Associates LLC for the construction of ten housing units and associated site improvements, including parking. Work will take place in the buffer zone of a Bordering Vegetated Wetland. Project Location is Bates Street, Map ID 25A-139. Mark Darnold of The Berkshire Design Group presented for the applicant The applicant did not submit any changes to the original conservation restriction (CR). The NCC and the Office of Planning and Development believed the CR would be denied by the Commonwealth and informed the applicant of his options. The applicant refused to conduct a wetlands delineation and requested that the NCC call the area a drainage ditch and that it not be an area under our jurisdiction. The NCC informed the applicant that his request to call the area a drainage ditch is not feasible. The applicant asked to be able to resubmit a restrictive covenant that meets the minimum criteria of the NCC for restrictive covenants. The NCC informed the applicant that he has one more chance to submit the proper documentation or the NCC would have to make a decision based on the information provided in the NOI. John motioned to continue the hearing until 5:40 on May 25, 2006 Sue seconded the motion All in favor 3 4 7:54 PM Notice of Intent filed by Gary Wilson for construction of plumbing and heating business offices and warehouse. Work will take place in the 100’ buffer of a Bordering Vegetated Wetland. Project Location is Easthampton Road – Route 10, Map ID 44-39. Alan Weiss from Cold Spring Environmental Consultants, Inc. Belchertown presented for the applicant Alan stated that the delineation was two years old and that he had made some changes to the original delineation Alan submitted additional documents to the NCC The Commission disagreed on the delineation because of direct observation of hydrology in areas marked on the plan as upland, the difficulty of using soil color due to sandy wetland soils, and a disagreement over the vegetative layer. The applicant agreed to move the wetland flags in the southern section of the property 15’ to the north and resubmit a new plan. Sue moved to continue the hearing until 25 May 2006 at 6:00 PM Reuven seconded the motion All in favor 8:37 PM Alan Verson and Lyons Whitten met informally with the Commission to discuss A potential Amended Notice of Intent for the Cutlery Building in Florence. 9:24 Mike moved to adjourn the meeting Sue second the motion All in favor Northampton Conservation Commission Minutes for May 25, 2006 Members present: John Body, Michael Vito, Reuven Goldstein, Leslie King Staff present: Bruce Young, Land Use and Conservation Planner 5:30 PM John Body opened the meeting 5:30 PM Terry Blunt was awarded the Northampton Conservation Commission Steward of the Season Award 5:40 PM Continuation of a Notice of Intent filed by MGM Real Estate Associates LLC for the construction of ten housing units and associated site improvements, including parking. Work will take place in the buffer zone of a Bordering Vegetated Wetland. Project Location is Bates Street, Map ID 25A-139. Mike motioned to continue hearing to 7:30 PM on June 8, 2006 in the Hearing Room of City Hall Reuven seconded the motion All in favor 5:41 PM Wayne Feiden, Director of Planning and Development presented the Chapter 61 Right of First Refusal for the Reservoir Road parcel. Wayne asked the Commission to accept the conditions of the agreement with Jonathan Wright, to not purchase the land under Chapter 61, and to grant $2400.00 to match the $5000.00 given by Jonathan Wright in the contract agreement. Mike motioned to not accept the right of first refusal, to accept the conditions in the agreement with Jonathan Wright and to put aside $2400.00 toward the purchase of the land that would connect the trail/Conservation Restriction to Roberts Hill Conservation Area Reuven seconded the motion All in favor Wayne Feiden announced the Cleanup Workday at Turkey Hill on Sunday, June 4, 2006 at 9:45 AM Wayne Feiden discussed the two “owner unknown” Saw Mill Hills Parcels that the City would like to purchase with the $50,000 tax title money allocated by City Council Mike motioned to allocate the $50,000 for tax title properties for the Saw Mill Hills unknown owner properties Leslie seconded the motion All in favor 6:20 PM Continuation of a Notice of Intent filed by Gary Wilson for construction of plumbing and heating business offices and warehouse. Work will take place in the 100’ buffer of a Bordering Vegetated Wetland. Project Location is Easthampton Road – Route 10, Map ID 44-39 Mike motioned to continue the hearing to 7:00 PM on June 8, 2006 in the Hearing Room of City Hall Reuven seconded the motion All in favor 6:12 PM Executive Session 6:35 PM Notice of Intent filed by Arthur Pichette for Sweet Meadow Properties, LLC for the redevelopment of a residential site, removal of existing house, garage and driveway, restoration within Riverfront Area, construction of three new homes outside Riverfront Area, and construction of a common driveway with one Bordering Vegetated Wetland crossing. Project location is 64 Reservoir Road, Map ID 10B-51. Jay Vinske, Rick Kline, Jonathan Wright, Art Pichette Jay Vinske presented the project Mike requested that the applicant submit a copy of the stormwater maintenance plan to the Northampton Conservation Commission Reuven asked what type of driveway surface would be constructed on the steep slopes– Art Pichette replied that they would use bituminous pavement throughout Reuven asked about rain gardens attached to the downspouts and driveway runoff areas and the applicants stated that they believe that sheet flow is sufficient and that raingardens are not needed at this site. Reuven requested that the Commission not allow the use of salt on the driveway Mike asked the applicant if they would be comfortable not allowing the use of fertilizers on the lawns – The applicant stated that they are comfortable not allowing fertilizers to be used on the property Mike motioned to close the hearing Reuven seconded the motion All in favor Conditions for Notice of Intent filed by Arthur Pichette for Sweet Meadow Properties, LLC Generic Conditions 1-32 Applicant must add to their stormwater management plan that the use of salt on the driveways is prohibited-Applicant must submit this change to the stormwater management plan before work on the property commences The predominant stones in the proposed stonewall, adjacent to the driveway, must consist of 2’ in diameter stones from the existing stone wall or stones of the same size that match the characteristics of the existing stone wall. Areas on the wetland side of proposed parcels must have minimum 2’ diameter stones at 25’ intervals along the property line. The owner is responsible for maintenance of the markers. Stormwater system must be constructed and stabilized before the beginning of construction of the three permitted houses The area at the base of the hill, across the driveway from the proposed restoration area, shall not be disturbed and shall be allowed to return to its natural state. Mike motioned to accept the conditions Reuven seconded the motion All in favor 7:06 PM Request for Determination of Applicability filed by the Northampton Department of Public Works to determine if removal of beaver dams in the Barrett Street Marsh is subject to the Wetlands Protection Act and The Northampton Wetlands Ordinance. Work will take place in Bordering Vegetated Wetlands. Project Location is the Barrett Street Marsh Conservation Area, Map ID 24B-42. Paulette Kuzdeba from Northampton Department of Public Works (DPW) presented the project Paulette requested permission to remove the beaver dams in Barrett Street Marsh Leslie asked how often the sedimentation area and culvert are cleaned by the DPW Paulette stated that the DPW cleans the sedimentation area and culvert behind Stop and Shop about once a year Paulette requested to use a small machine along the path near Barrett Street to connect a chain to pull out the difficult sections of the dam. It was suggested that the DPW connect chains to machines located on Barrett Street and not be allowed to drive machinery along the path in the marsh John asked why the DPW has spent so many man hours trapping beavers and now pulling out the dams and lodges when the emergency of the clogged culvert still exists and if it is such an emergency then whey hasn’t it been taken care of? Paulette answered that it is too difficult to clean the culvert with the current water levels John asked Paulette if there is no way to clean out the culvert. Paulette stated that the DPW does not have the equipment to remove the sediment under the water and used the analogy of picking up a handful of sand on a dry beach vs. picking up a handful of sand in the water. Reuven motioned to allow the removal of the dams by issuing a negative determination checking box #2 Mike seconded the motion John opposed Leslie abstained Reuven and Mike voted for the motion The Northampton Conservation Commission would like a DPW work schedule before work commences and does not approve of allowing machinery in the Barrett Street Marsh to remove the dams Mike motioned accept conditions Leslie seconded John opposed All else in favor 7:48 PM Rick Klein asked to speak to the Northampton Conservation Commission He informed the Commission that resubmitting this application, due the denial of the first plan, cost the applicant extra money on this project. It was his opinion that the Commission could have worked with the applicant to revise the plans to make an acceptable project. John Body announced a trail walk with the neighborhood at Cardinal Way on Tuesday, May 30, 2006 at 5:30PM. The meeting will begin at the Burts Pit Road end of Cardinal Way. 8:10 PM Certificate of Compliance filed by Lyle Haggerty for DEP File #246-560 Reuven motioned to issue the Certificate of Compliance Mike seconded the motion All in favor 8:40 PM Mike motioned to close the hearing Reuven seconded the motion All in favor Northampton Conservation Commission Minutes for June 08, 2006 Members present: John Body, Michael Vito, Reuven Goldstein, Leslie King, Sue Carbin Staff present: Bruce Young, Land Use and Conservation Planner 5:30 PM John Body opened the meeting Sue moved to accept the minutes for 3/09/06, 4/18/06, 4/27/06 and 5/25/06 Reuven seconded the motion All in favor 5:31 PM Request for an Amendment to a Notice of Intent, DEP File # 246-546 - Notice of Intent filed by the Cutlery Building Associates to remove contaminated soil along the bank of the Mill River and to move the contaminated soil to a site along the former Cutlery Raceway. Work will take place in Riverfront Area and the buffer zone of Bordering Vegetated Wetlands. Project location is behind the Cutlery and Firehouse Buildings, Map ID 30A-32 Lyons Whitten from New England Environmental discussed the project Alan Verson, owner of the Cutlery property was present Lyons requested that the removal of soil from the hot spot area behind the firehouse/cutlery building be added to the original Notice of Intent- the hot spot area on the revised plan shown in red hatching in the dark green hatching marked. Lyons also requested that the Cutlery Associates be allowed to remove the smaller vegetation on the bank in the dark green hatched area on the plan (area behind Cutlery Building) Lyons estimated that they plan on removing between 5 and 30 cubic yards of soil from the hot spot area Lyons explained that the soils that are represented on the plan within the hot spot area exceed the upper concentration levels in chromium Lyons proposed physical stabilization techniques to prevent runoff and erosion along the entire length of the dark green-hatched area and the placement of chain link fence to isolate the contaminants from the general population. Lyons stated that dissolved nickel has been detected in groundwater test wells approximately halfway down the raceway Wayne Feiden explained that the City of Northampton received an urban site assessment grant from the state to conduct a pre-closeout audit of the area and that a series of test wells and studies are being examined from a separate LSP hired by the City. Lyons explained that the hotspot concentration of chromium is 25,000 ppm and the upper concentration limit is 10,000 ppm Lyons stated that Lead and Nickel are the contaminants of concern in the raceway area and chromium is the contaminant of concern for the area of the hot spot Reuven motioned to close the hearing Sue seconded the motion All in favor Mike motioned to condition the Amended Notice of Intent that the most recent inclusion of the Notice of Intent must be completed by September 1st and that removal of the stockpile (area buried under the plastic) must be removed or incorporated into the site in accordance with the permit before the expiration of original permit. After the completion of the work noted in the Amended Notice of Intent all banks must be stabilized utilizing the phytoremediaton techniques in the original Notice of Intent or the areas must be stabilized using coir netting and native seedings before Nov 1st and erosion control methods and hazard fences must be in the condition as shown on the plan details. Generic Conditions 1-32 6:10 PM Notice of Intent filed by Herb Berezin of the Marken and River Valley Properties, Inc. for removal and replacement of an underground storage tank. Work will take place in Riverfront Area. Project location is 260 Main Street, Leeds, Map ID 10B- 81 Curt Nelson with Tighe and Bond presented the plans Curt explained that the temporary soil piles will be stored on-site, on the grassy lawn area, and will be stored off-site if they are contaminated. Sue recommended that at least one tree be planted along the sidewalk area toward the front of the grassy lawn area and that it be a shade tree acceptable by the Northampton Tree Committee Sue moved to close hearing Leslie seconded All in favor Reuven moved to issue Generic conditions 1-32 and an acceptable shade tree to be planted on the front of the grassy lawn area along the sidewalk area Sue seconded All in favor 6:48 PM Request for Determination of Applicability filed by James Harrity to determine whether the boundaries of the resource areas depicted on the plan are accurately delineated. Project location is 360 North King Street, Map ID 13-29, 13-36 Mike motioned to continue the hearing until June 22nd at 6:30 PM in the Hearing Room Leslie Seconded the motion All in Favor 6:49 PM Executive Session to discuss land acquisition opportunities 7:10 PM Continuation of a Notice of Intent filed by Gary Wilson for construction of plumbing and heating business offices and warehouse. Work will take place in the 100’ buffer of a Bordering Vegetated Wetland. Project Location is Easthampton Road – Route 10, Map ID 44-39. Marc Darnold from The Berkshire Design Group explained the project as it is on the plan Reuven motioned to accept the changes to the plan and close the hearing Leslie seconded the motion All in favor General conditions 1-32 The applicant must use straw bales, wattles or biodegradable filter socks for erosion control barriers Applicant must place granite bollards every 20’ around the entire 50’ buffer line and at the corners of the 50’ buffer line. The area beyond the 50’ buffer line shall be a permanent no disturbance area and shall be allowed to return to a natural state through natural succession (no mowing). Reuven motioned to accept the conditions Sue seconded the motion John abstained All else in favor Mike moved to accept minutes for last two meetings with John’s changes to last meeting Sue seconded the motion All in favor The Commission decided that the summer Conservation Commission meetings will be held on July 27th and August 24th 7:32 PM Continuation for Peter Gamelli Mark Darnold from The Berkshire Design Group presented the proposed drainage easement plan (without the easement) to the Commission and requested that the applicant be able to place the retaining wall on the property, on the easement section, before the Commission reviews the actual easement language. The commission denied the request Mike motioned to continue to June 22nd at 7:00 PM in the Hearing Room of City Hall Sue seconded the motion All in favor 8:02 PM Conditions for Notice of Intent filed by Thomas Horton for the removal of debris, excavation and disposal of lead-contaminated soil, covering of lead-contaminated soil, construction of elevated garden plots, construction of a 25x35’ barn, and alteration of an isolated wetland. Work will take place in Bordering Land Subject to Flooding, Isolated Wetlands, and buffer zone of Isolated Wetlands. Project location is 115 Bridge Street, Map ID 32A-241. General Conditions 1-32 Applicant shall remove, using hand tools, all non-indigenous plants within 25’ of the pond and drainage swale and submit a restoration plan to the Northampton Conservation Commission. The restoration plan shall include a diverse mix of native emergent, submergent and floating species, a minimum 10’ wide buffer strip around the pond and drainage swale that shall be a permanent no disturb zone, and a 25’ no fertilizer or chemical use buffer area around the pond and drainage swale. The applicant shall submit a signed statement to the Northampton Conservation Commission stating that He/She will not use fertilizers or chemicals within 25’ of the pond or drainage swale areas. The restoration shall be completed before any work commences on the property. The applicant shall submit soil tests and receipts for all soil removed from site The applicant shall construct a rain garden designed to hold runoff from a two-year storm based on the amount of additional impervious surface from the construction of the proposed barn. The applicant must stabilize all slopes using biodegradable coir matting/jute netting and native grasses. Sue moved to accept the conditions Reuven seconded the motion All in favor 8:31 PM Sue moved to adjourn Mike seconded the motion All in favor Northampton Conservation Commission Minutes for June 22, 2006 Members present: Paul Wetzel, Michael Vito, Reuven Goldstein, Leslie King, Sue Carbin, Mason Maronn Staff present: Bruce Young, Land Use and Conservation Planner 5:30 PM Paul Wetzel opened the meeting Sue moved to accept the minutes of June 08, 2006 Mike seconded the motion All in favor- Paul and Mason abstained 5:30 PM Continuation of a Notice of Intent filed by Smith College for the Paradise Pond Management Plan. The plan covers ongoing routine maintenance activities including, operation and maintenance of the dam, removal of floating debris, protection and maintenance of the pond shoreline and vegetation, maintenance of the dock and boathouses, maintenance of the campus irrigation system, and removal of debris downstream of the dam. Work will take place in Bank, Bordering Vegetated Wetlands, Land Under Waterbodies and Waterways, Bordering Land Subject to Flooding and Riverfront Area. Project location is Smith College Paradise Pond Area, Map ID 31A- 257, 260,324; 31B-289, 290,292,293; 31C-013, 014,015; 31D008-011, 020,238,999. Sue moved to continue the hearing until July 27, 2006 at 5:30 PM in the Hearing Room of City Hall. 5:35 PM Request for Determination of Applicability filed by Donna Baron on behalf of Five College Net, LLC to determine whether fiber optic cable installation, as depicted on the plans, is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance, and whether the scope of alternatives is adequate for work in the Riverfront Area. Work will take place in Riverfront Area on portions of the existing Norwottuck Rail Trail, Map ID 25A-168. Donna Baron explained the project proposal to the Commission Donna stated that only hand tools will be used to bury the transmission line on the Riverfront Area next to the bridge Sue moved to close the hearing Mike seconded the motion All in favor Sue moved to issue a negative determination of applicability checking box 2 Mike seconded the motion All in favor 5:49 PM Request for an amendment to a Notice of Intent, DEP File # 246-509- Notice of Intent filed by the Northampton Office of Planning and Development for work on the Norwottuck Rail Trail in the area between Damon Road and Bates Street. Work will take place in Bordering Vegetated Wetlands between Damon Road and Bates Street, Map ID 25A-166-167. Sue moved to close the hearing Leslie seconded the motion All in favor Reuven moved to accept the amendment as an administrative change Sue seconded the motion All in favor 6:00 PM Request for Determination of Applicability filed by Paul Matteson to determine whether the construction of a deck is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Work will take place in Riverfront Area, Map ID 30A-32. Paul Matteson presented the application Paul Wetzel stated that the soil being replaced by concrete could possibly be contaminated and must be removed to a proper location. Reuven moved to close the hearing Mike seconded the motion Mason moved to issue a negative determination of applicability and to check box #2 and to accept the application based on the contingency that the potentially contaminated soil will be disposed of at an NCC approved hazardous waste site Leslie seconded the motion All in favor 6:30 PM Continuation of a Request for Determination of Applicability filed by James Harrity to determine whether the boundaries of the resource areas depicted on the plan are accurately delineated. Project location is 360 North King Street, Map ID 13-29, 13- 36. Jim Harrity presented the project Reuven motioned to close hearing Mike seconded the motion All in favor Bob Bissell from the Broad Brook Coalition stated that the Coalition is concerned about the size of the development next to resource areas connected to the Fitzgerald Lake Conservation Area and that the development should be constructed in an environmentally sensitive manner. Mason moved to issue a positive determination of applicability checking box 2A for wetland flags E1-E9, F1-F4, A7-A13, B1-B5 and C1-C6 on parcel Map ID 13-36 as shown on the plan Reuven seconded the motion All in favor 7:00 PM Continuation of a Notice of Intent filed by MGM Real Estate Associates LLC for the construction of ten housing units and associated site improvements, including parking. Work will take place in the buffer zone of a Bordering Vegetated Wetland. Project Location is Bates Street, Map ID 25A-139. Mark Durso of The Berkshire Design Group presented the easement to the Commission The Commission accepted the easement language Mike moved to close hearing Mason seconded All in favor Mason moved to issue general conditions 1-32 of this project and: Before the preconstruction meeting, applicant shall submit a copy of a recorded deed restriction that was accepted by the Northampton Conservation Commission on June 22, 2006. Other than the installation of the proposed fence (if approved by the City of Northampton Planning Board), no work shall occur beyond the erosion control barrier-as shown on NOI-2, Grading and Drainage Plan (revised April 18, 2006). Mike seconded the motion All in favor 7:15 PM Wayne Feiden updated the Commission on several of Northampton’s owner unknown properties. The Commission previously authorized money to be withdrawn for title searches on four of these properties Mike moved to allow Wayne Feiden to take funds from the conservation accounts for the purchase of the owner unknown properties Mason seconded the motion All in favor 7:25 PM Wayne Feiden discussed the potential Clapp Property Conservation Restriction with the Conservation Commission. Mike motioned to recommend to City Council that approximately $7000 of the Clapp Property back taxes be paid to the Clapp Family by previously authorized back tax funds for conservation purposes Leslie seconded All in favor 7:30 PM Request for Certificate of Compliance for DEP File #246-393-Order of Conditions issued to Pelops Realty Trust for project located at 306 King Street, Map ID 24B-46 & 48 Wayne Feiden explained the history of the project Reuven moved to approve the Certificate of Compliance Mason seconded the motion All in Favor Mason moved to ratify the Haydenville Road/Culver Enforcement Order and with a stipulation that they submit a Notice of Intent, by July 31, 2006. The Notice of Intent shall detail the work that has been completed to date and any work that they would like to conduct within the resource area or buffer zone to the resource area. Reuven seconded the motion All in favor 7:45 PM Informal discussion with Alan Verson. Alan is scheduled to return on July 27, 2006 to discuss the Cutlery Building plans with the Commission. 8:15 PM Mason Motion to accept New England Environmental’s plan for a change in the final elevation of the Wetlands Replication Area on the Norwottuck Rail Trail Project DEP File #246-509 Mike seconded the motion All in favor 8:17 PM Mike Motioned to accept the preconstruction plan for Sarah Freedberg’s parcel DEP File #246-583 Reuven seconded the motion All in favor 8:19 PM Mike Motioned to accept HAP’s plan to change a gravel driveway to a bituminous concrete driveway DEP File # 246-538 Reuven seconded the motion All in favor Northampton Wildlife Committee - Conservation Commission voted to design a Certificate of Appreciation for Joanne Montgomery who has resigned as an Associate Member as of June 22, 2006. Mason moved to divest the Northampton Wildlife Committee from the Northampton Conservation Commission Mike seconded the motion All in favor Monday July 17, 2006 the Northampton Conservation Commission will conduct a special meeting to discuss the Northampton Wetlands Ordinance at 6:00 PM Northampton Conservation Commission Minutes for July 27, 2006 Members present: Michael Vito, Reuven Goldstein, Leslie King, Paul Wetzel, Sue Carbin Staff present: Bruce Young, Land Use and Conservation Planner 5:30 PM Paul opened the meeting Sue moved to accept minutes from June 22nd Reuven seconded the motion All in favor 5:30 PM Continuation of a Notice of Intent filed by Smith College for the Paradise Pond Management Plan. The plan covers ongoing routine maintenance activities including, operation and maintenance of the dam, removal of floating debris, protection and maintenance of the pond shoreline and vegetation, maintenance of the dock and boathouses, maintenance of the campus irrigation system, and removal of debris downstream of the dam. Work will take place in Bank, Bordering Vegetated Wetlands, Land Under Waterbodies and Waterways, Bordering Land Subject to Flooding and Riverfront Area. Project location is Smith College Paradise Pond Area, Map ID 31A- 257,260,324; 31B-289,290,292,293; 31C-013,014,015; 31D008-011,020,238,999. Sue moved to continue to September 14th at 5:30 in the Hearing Room of City Hall Michael seconded All in favor 5:39 PM Request for Determination of Applicability filed by Smith College to remove existing site equipment/existing boilers and replace with gas turbine generator sets and associated equipment. Work will take place in Riverfront Area and the 100-foot buffer of Bordering Vegetated Wetlands. Project location is Smith College Physical Plant/Boiler Plant - Map ID 38B-005/006. Gary Hartwell Smith College Physical Plant presented the project Paul asked about the potential for fuel leaking out of the crane- Gary stated that no fuel would be able to get to the resource area due to an earthen berm at the top of the hill. Reuven asked where the oil left over from the old system would go Gary stated that the leftover oil will be used for the secondary system Sue moved to close the hearing Michael seconded the motion All in favor Sue moved to issue a negative determination by checking box 2 with conditions of the NCC generic sediment and erosion controls Mason seconded the motion All in favor 6:00 PM Request by the City of Northampton, Office of Planning and Development for a three- year extension to the Massachusetts Wetlands Protection Act Order of Conditions- DEP File # 246-426 for the Manhan Rail Trail- Downtown Section. Wayne Feiden presented for the Office of Planning and Development Sue moved to extend the Order of Conditions for three years Leslie seconded the motion All in favor 6:15 PM Notice of Intent filed 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, 44-57. Wayne Feiden presented the project James Lowenthal of 181 Crescent Street stated that he thinks it is a good project because sprawl does not follow bike paths and it promotes denser development within the City, cycling, smart growth principles and that he supports the project Bruce Hart stated that he agrees with James Lowenthal Marvin Ward Chairman of Norwottuck Rail Trail Committee and is happy to see it become part of the bicycle network. He stated that he believes that within five years the rail trail system will be connect all the way to Connecticut Sue moved to close the hearing Michael seconded the motion All in favor Sue moved to accept project with standard conditions and use a native seed/wildflower/conservation mix on disturbed areas, and to report to the Conservation Commission for a preconstruction conference Mike seconded the motion All in favor 6:30 PM Pat Melnik Jr. discussed the Beaver Brook Subdivision Pat offered the following items to the Conservation Commission for a recommendation to the Northampton Planning Board: 1) To move the Conservation Restriction line inward 30 feet where the proposed houses are to be located 2) The outer 8 lots will become condominiums and the lot lines will be eliminated 3) Additional in-fee land will be conveyed to the City of Northampton. 4) The Conservation and Forest Stewardship plan will be able to be reviewed/approved by the Conservation Commission Sue moved to send letter of support to Planning Board as the best option for this particular project Leslie seconded the motion All in favor except Reuven-opposed 6:44 PM Bruce Young presented the Enforcement Order for Susan Caisse Reuven moved to ratify the Enforcement Order Mason seconded the motion All in favor 6:45 PM Notice of Intent filed by 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 10B-100, 16A-002, Wayne Feiden presented the plans Sue stated that the Janet Brown parcel on profile 16 may have a wetland/vernal pool Pat Briggs 10 Warner Row asked how to prevent people from accessing bike path from Warner Row Amy Bookbinder asked if there has been a discussion about the materials being used for the bikepath-asphalt having environmental impacts Wayne Feiden explained the materials being used for the plans Sue moved to close the hearing Reuven seconded the motion All in favor Sue moved to accept project with standard conditions and to use a native seed/wildflower/conservation mix on disturbed areas, and to report to the Conservation Commission for a preconstruction conference Mike seconded the motion All in favor 7:04 PM Discussion on the proposed Wetlands Ordinance Leslie moved to accept proposed changes to the Wetlands Ordinance and to send it to the Ordinance Committee and City Council Sue seconded the motion All in favor 7:15 PM Notice of Intent filed by 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 Wayne Feiden presented the project Wayne explained that the area before the granite blocks will be paved and the area after granite blocks will be Trap Rock Gravel Wayne stated that a spur trail will connect from Grove Avenue Wayne explained that the Mulberry Street to retaining wall (near dam) is not in middle of rail line It was stated that the project would have 80% federal funds 20% local funds up to the area where spur trail to Grove Street is proposed Dan Keith 68 Leonard Street asked why a bikepath can be built near a vernal pool Sandy Glynn Upland Road stated that she would like to keep the path in the shape it is in Mr. Horton stated that he believe the path could be created in an environmentally safe way urged commission to vote for the path Jim Montgomery stated that there is new disturbance with the connection to Grove Ave Amy Bookbinder asked how area will be funded if no connection to other paths in Williamsburg Julia Reisman Prospect Street Secretary Northampton Trails and Greenways stated that area was degraded when she visited and envisioned a project that will encourage people to enjoy the area Bruce Hart Florence would like to see more bikepaths in Northampton Councillor Ray LaBarge would like to see the land used for a bikepath Deb Jacobs asked about stormdrain water from Grove Ave to the bikepath and about oversight during the construction process and would like to see the construction completed during a time of less impact and would like to see more horses allowed on the trail Wayne said MassHighway does the General project oversight and additional supervision may be required by NHESP and the Conservation Commission could oversee the details of the project Craig Delapena Florence sees the biketrail as a good opportunity Michael moved to close the hearing Leslie seconded the motion All in favor Sue moved to accept project with standard conditions and to extend the rail past the existing spur trail on the south side of the vernal pool, use a native seed/wildflower/conservation mix on disturbed areas, and to report to the Conservation Commission for a preconstruction conference Mike seconded the motion All in favor 8:15 PM Notice of Intent filed by Hatch, Mott, MacDonald on behalf of John Ewing for the construction of a common driveway. Work will take place in the 100-foot buffer zones of Bordering Vegetated Wetlands and isolated wetlands. Project location is 297 Old Wilson Road-Map ID 44-12. Mike moved to continue hearing until 5:30 PM on August 24, 2007 in the Hearing Room of City Hall Sue seconded the motion All in favor 8:19 PM Notice of Intent filed by Beals and Thomas, Inc. on behalf of the City of Northampton, Department of Public Works for the reconstruction of Earle Street from Prince Street to South Street. Work will take place in Bordering Vegetated Wetlands, the 100-foot buffer zone to Bordering Vegetated Wetlands and Bank, and Riverfront Area. Project location is Earle Street. Jon Thomas Wetland Scientist from Beals and Thomas Chris Dunlap Vanesse and Associates presented the project overview Mason asked about removing invasive species as a mitigation strategy for the wetland impacts Sue moved to close the hearing Michael seconded the motion All in favor Sue moved to issue standard conditions and to require the applicant to extend the turtle passage underneath the bikepath, vegetatively restore wetland #1 and remove all invasives (specifically Multiflora Rose) and replace with native wetland trees, use native seed wildflower/conservation mix on disturbed areas and report to the Conservation Commission for a preconstruction conference Mike seconded All in favor 9:00 PM Request for an amendment to a Notice of Intent filed by Thomas Horton DEP File #246- 567 for the installation of retaining walls. Work will take place in Bordering Land Subject to Flooding. Project location is 115 Bridge Street, Map ID 32A-241. Mason moved to close the hearing Michael seconded the motion All in favor Sue moved to accept the project with the condition that all compensatory flood storage must be realized by September 15, 2006 Mason seconded the motion All in favor 9:19 PM Discussion on 221 Pine Street Enforcement Order and plans for retaining wall repairs Eric Bernard 221 Pine Street presented plans for the wall replacement Eric stated that the work would be conducted in August or September Paul asked what expected lifespan of cage Eric said depending on the manufacturer it can be 40 years or 80 years Commission encouraged the applicant to use 80-year baskets Reuven motioned to go ahead with gabion wall with conditions under the enforcement order Sue seconded the motion All in favor 9:32 PM Paul designated Sue as temporary Chair of the Conservation Commission and excused himself from the meeting 9:33 PM Wayne Feiden discussed land purchase options with the Commission 9:47 PM Mason moved to adjourn Michael seconded the motion All in favor Northampton Conservation Commission Minutes for August 24, 2006 Members present: John Body, Michael Vito, Reuven Goldstein, Leslie King, Paul Wetzel Staff present: Bruce Young, Land Use and Conservation Planner 5:30 PM Paul opened the public hearing 5:31 PM Notice of Intent filed by Hatch, Mott, MacDonald on behalf of John Ewing for the construction of a common driveway. Work will take place in the 100-foot buffer zones of Bordering Vegetated Wetlands and isolated wetlands. Project location is 297 Old Wilson Road-Map ID 44-12. Matt Nowak from Hatch, Mott, MacDonald represented the applicant John asked if there is a buffer between the wetlands and the driveway Matt said that there is no buffer proposed Paul asked how much disturbance is proposed within the 100’ buffer and how much land there is for the three lots being serviced by the driveways Matt gave the disturbance for the driveway-around 10,000 square feet, but did not know the acreage for the lots Paul asked where the driveway would runoff would drain Matt explained the French drain system on the plan John asked about the width of the driveway Matt stated that the driveway would be 15’ wide John Ewing stated that a farmer mows the area every year for hay Mike motioned to close the hearing Leslie seconded the motion All in favor Reuven stated would like to see the wetlands area return to its natural state (wetlands) and not have both a driveway and continue to be disturbed by mowing John’s initial response is to deny based on the driveway being 5’ from wetlands, but John motioned to approve the proposed driveway with conditions that all wetlands and their buffers to 100’ are allowed to return to the natural state and there be a no disturbance zone with 6 X 6 granite or cement bollards every 25’; no salt or lawn chemicals shall be used on the properties; wetlands shrubs shall be planted at the beginning at the driveway entrance in clumps of three with NCC approved wetland bushes. The bushes shall be planted within 5 feet of the driveway on both sides of driveway. The north side shall be planted side to the area where the 50’ wetland buffer line intersects the existing brush line and the south side shall be planted to the existing brush line. The plants shall be staggered in clumps every 3 to 15 feet. Generic Conditions 1-32 Sue seconded the motion All in favor 5:53 PM Notice of Intent filed by Henry Culver for the removal of metal and debris, and the demolition and removal of two houses. Work will take place in Riverfront Area and the 100’ buffer zone of Bordering Vegetated Wetlands. Project Location is Haydenville Road, Map ID 06-13. Alec Macleod presented for the applicant Sue asked about the oil in the crankcase in the old vehicles Alec stated that the vehicles would be winched out in one piece or according to the Commissions liking The Commission was concerned about the number of trees being taken out and would like to have anything on the property that is being removed to be marked and inspected/approved by the commission before removal The Commission would also like to be assured that the buildings do not have hazardous materials and if they do, the materials need to be removed properly Sue moved to close the hearing Reuven seconded the motion All in favor John motioned to approve Notice of Intent with conditions that all trees and materials being removed must be marked with orange paint and inspected and approved by the NCC within 14 days. The demolition must be approved by the City of Northampton before any site work. Any tree over 5” DBH must be replaced with a native sapling. Any liquid hydrocarbon (fuel oil, kerosene, brake fluid) must be properly removed prior to site work or demolition. All disturbed areas must be seeded according to the Notice of Intent. Sue seconded the motion All in favor 6:25 PM Notice of Intent filed by Cutlery Building Associates c/o Alan Verson for the stabilization of the slope and adjacent area to prevent hazardous material from entering the Mill River. Work will take place in Bordering Land Subject to Flooding and Riverfront Area. Project location is 320-360 Riverside Drive, Map ID 30A-32, 76, and 77. Paul opened meeting for Cutlery Building Associates c/o Alan Verson John Motioned to continue hearing to August 31, 2006 at 9:00 AM in the hearing room of City Hall Mike seconded All in favor 6:47 Request for Determination of Applicability filed by Keith Davis to complete work in a stormwater detention basin. Work will take place in the 100’ buffer zone of Bordering Vegetated Wetlands. Project location is Stoneridge Drive, Map ID 29-597. Sue moved to close the hearing John seconded the motion John moved to issue negative determination checking box 2 Sue seconded the motion All in favor 7:25 Request for Extension of Order of Conditions DEP file # 246-194 filed by Steven Susco. Mike motioned to deny the request for an extension of the Order of Conditions Sue seconded the motion All in favor 7:28 Request for Certificate of Compliance filed by James Carey for Order of Conditions issued to Paul Johnson, DEP file #246-314. Sue moved to approve the Certificate of Compliance Leslie seconded the motion All in favor John was absent from the room and did not vote 7:29 Request for Certificate of Compliance filed by Susan Clopton and John Levine for Order of Conditions DEP File # 246-558 Sue moved to accept COC Leslie seconded All in favor 7:30 Meeting with John Furman of Vanasse Hangen Brustlin, Inc. John Furman requested a minor change to the Cooley Dickenson Hospital Notice of Intent. John asked to increase an area of disturbance at backside of building for the co- generation area Reuven Moved to accept administrative change with condition that a planting plan be approved by the NCC before construction. Sue moved to adjourn the meeting Rueven seconded the motion All in favor Northampton Conservation Commission Minutes for August 31, 2006 Members present: John Body, Michael Vito, Reuven Goldstein, Leslie King, Paul Wetzel Staff present: Bruce Young, Land Use and Conservation Planner Paul Wetzel opened the public hearing at 9:00 AM 9:00 AM Notice of Intent filed by Cutlery Building Associates c/o Alan Verson for the stabilization of the slope and adjacent area to prevent hazardous material from entering the Mill River. Work will take place in Bordering Land Subject to Flooding and Riverfront Area. Project location is 320-360 Riverside Drive, Map ID 30A-32, 76, and 77. Lyons Whitten from New England Environmental presented for the Cutlery Associates c/o Alan Verson The Commission determined that signs shall be placed at all gates and three signs shall be placed along road that alert the public of the hazardous waste site The Commission would like to see stones from the existing rock wall on the upper bank used for the proposed rock wall barrier. The wall shall consist of a double stone retaining wall tapered to a single stone wall The applicant agreed to provide a maintenance agreement for the existing sediment trap to the Commission and to Doug MacDonald, City of Northampton Stormwater Manager The Commission required a sequencing plan and a detail of the proposed retaining wall before moving forward with the additional parking lot and retaining wall as requested by Nelson Shifflett of Valley Home Improvement, Inc. John motioned to close hearing Reuven seconded the motion All in favor John motioned to accept conditions above along with general conditions 1-32 Mike seconded the motion All in favor Mike moved to adjourn at 10:10 AM Reuven seconded the motion All in favor Northampton Conservation Commission Minutes for September 28, 2006 Members present-John Body, Sue Carbin, Michael Vito, Mason Maronn, Reuven Goldstein, Paul Wetzel, Leslie King Staff present: Bruce Young, Land Use and Conservation Planner Paul opened the meeting at 5:30 PM 5:30 PM Continuation of a Notice of Intent filed by Smith College for the Paradise Pond Management Plan. The plan covers ongoing routine maintenance activities including, operation and maintenance of the dam, removal of floating debris, protection and maintenance of the pond shoreline and vegetation, maintenance of the dock and boathouses, maintenance of the campus irrigation system, and removal of debris downstream of the dam. Work will take place in Bank, Bordering Vegetated Wetlands, Land Under Waterbodies and Waterways, Bordering Land Subject to Flooding and Riverfront Area. Project location is Smith College Paradise Pond Area, Map ID 31A- 257,260,324; 31B-289,290,292,293; 31C-013,014,015; 31D008-011,020,238,999. Sue moved to continue the hearing until November 9th at 5:30 PM in the Hearing Room of City Hall Mike seconded the motion All in favor 5:35 PM Determination of Applicability filed by Stephen Lapienski to determine whether the area depicted on the plans and the construction of 350 feet of driveway is subject to jurisdiction of the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Work will take place within the buffer zone of Bordering Vegetated Wetlands and an intermittent stream. Project location is Lots 2 & 3 Coles Meadow Road, Map ID 03-31 lots 2 & 3. Sue moved to continue the hearing until October 26th at 5:30 PM in the Hearing Room of City Hall John seconded the motion All in favor 5:40 PM Request for Determination of Applicability filed by Robert Sproull to determine whether the construction of a single family home and driveway are subject to the jurisdiction of the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is 340-356 Chesterfield Road, Map ID 15-20 Bill Canon and Alec Macleod presented for the applicant Alec explained that there is an existing Determination of Applicability on the property and that the wetland flags were determined to be accurate by the Northampton Conservation Commission. Alec also stated that this project is entirely out of the one hundred foot buffer of any protected resource area John asked why a culvert is necessary on the driveway if the area is not part of the wetlands Alec explained that culverts are often necessary when there is any type of disturbance of the natural flow characteristics of a forest John asked if he found any other wetlands on the property that were not on the original Determination of Applicability. Alec stated that he did not find other wetlands on the property and did not find wetlands on abutting properties Steven Retchen-abutter was concerned about the project affecting the drinking water in the area Dick Ferris-abutter asked if water will drain onto abutters properties after the clearing of the area Alec stated that the water will not drain onto abutters properties any more than it is now Leslie moved to close hearing Sue seconded the motion Mason motioned to issue a negative determination checking box 1 Reuven seconded the motion All in favor 6:00 PM Request for Determination of Applicability filed by the City of Northampton Office of Planning and Development to determine whether the installation of a small parking area and trail at the Mineral Hills Conservation Area is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Reuven moved to continue until October 12, 2006 at 5:30 in the Hearing Room of City Hall John seconded All in favor 6:15 PM Notice of Intent filed by John O’Brien to restore and replace an existing foundation. Work will take place in Riverfront Area. Project location is 14 Reservoir Road, Map ID 10B-54. Paul asked if he was repairing or replacing the existing foundation John O’Brien stated that he was going to have the existing building moved to a temporary foundation and the existing foundation would be replaced. The replacement would be done with machinery that could operate from the house side of the project-away from the resource area. John moved to close hearing Reuven seconded the motion All in favor Mason moved to issue General Conditions 1-32 Sue seconded the motion All in favor 6:25 PM Notice of Intent filed by James Harrity for the construction of 88 residential condominium units. Work will take place in the buffer zone to Bordering Vegetated Wetlands. Project location is 360 North King Street, Map ID 13-36. Aharon Sharff presented the Notice of Intent information to the Commission Aharon Sharff stated that approximately 8 or 9 acres are being disturbed on the site and approximately 27 acres will be donated to City of Northampton Bruce asked about the amount of disturbance that will occur in the wetland buffer and stated that the Commission needs to know the amount and type of disturbance in the zero to fifty foot buffer and the fifty to one-hundred foot buffer. Reuven asked where the limit-of-work lines are located on the plans. Aharon stated that a copy of the landscape plan is in the Notice of Intent and that he did not have a number for the amount of disturbance in the wetland buffer John stated that the landscape plan did not show the limit of disturbance and that the amount of disturbance and a limit of disturbance line are necessary for a Notice of Intent Aharon stated that the landscape plan was enough information for the Planning Board and should be enough for the Conservation Commission Bruce asked if there would be disturbance around the drainage pipes in the buffer area and how much disturbance will be around the pipes Aharon stated that the disturbance around the pipes would be temporary and that they forgot to include that disturbance on the landscape plan. Reuven asked if maintenance would be necessary on the piped system in the buffer zone. Aharon stated that some maintenance would be required. Reuven stated that it would not be a temporary disturbance if access in necessary for the pipes need to be maintained. Bruce stated that the proposed drainage pipes are located in the buffer zone to the wetlands and are above the frost line at a grade less than one percent. Bruce asked if there is potential for the pipes to freeze in the winter, which might require more maintenance. Aharon stated that if the pipes freeze it will be winter and there will be no negative consequences. Paul asked the applicant what type of material and how wide is the proposed road to the detention basin. Aharon stated that the road would be ten feet wide and made of gravel Paul asked how much area would be disturbed around the road. The applicant referenced the landscape plan to show an area around the road but did not provide the Commission with the amount of disturbance in the area Paul asked if the detention basin and sediment forebay will be cleaned out regularly and if the applicant has submitted an operation and maintenance plan Aharon stated that an operation and maintenance plan will be submitted and that he received a stormwater management permit from the Northampton Department of Public Works Reuven stated that the pipe system is proposed next to a large area of ledge and what would happen if the applicant needs to relocate the system of proposed pipes within the ledge area. Reuven stated that the only place for relocating the pipes would be closer to the wetlands. Jim Harrity stated that he is sure that all of the ledge on the property is surficial. Reuven stated that the parcel abuts a quarry and the ledge may not be surficial. Paul asked about making the detention basin into a working (constructed) wetland Paul wanted to know if the detention basin could serve as a more natural system as a constructed wetland and asked the approximate amount of suspended solids that would bypass the sediment forebay and enter the detention basin. Aharon stated that there would be approximately 80% TSS removal and some of the remaining suspended solids would end up in the detention basin. Bruce stated that it might not be a good idea to try to make the detention basin a constructed wetland because of the size of the project, number of units and the amount of impervious surface that would need to be treated in the winter. Bruce stated that a constructed wetland would be more beneficial to the environment/wildlife but would be more difficult to clean and maintain than a detention basin. John asked if there would be any trash dumpsters in or around the wetlands/forested area that would attract wildlife. Jim Harrity stated that there are no plans for dumpsters and that he plans on contracting with a curb pickup company Kimberly Lambert of Pines Edge Drive had several Planning Board issues to discuss and stated that the project would potentially have a negative impact on the nearby vernal pool. Bruce stated that the vernal pool is several hundred feet away from the proposed project and does not fall under the jurisdiction of the Northampton Conservation Commission Lough Peugh spoke on behalf of Broad Brook Coalition. Lough stated that they are concerned about the change in drainage to the property and that the applicant is proposing a detention basin that interrupts a massive wetlands complex Reuven moved to close the hearing Leslie seconded the motion All in favor The Commission stated the following reasons for denial The applicant did not submit enough information on the limit of disturbance within the resource area buffer The applicant did not submit information on the amount of disturbance in 50 and 100 foot buffer area to the resource area, including: the area around units 28, 32, 33 and the associated parking lots The infrastructure within the resource area buffer is not shown as a disturbance on the plan, and the applicant stated that it is only temporary disturbance The Commission also stated that although there is not enough information to determine the potential impacts of the project, the proposed detention basin interrupts a large wetlands complex that includes bank and is hydrologically connected to the adjacent resource areas Sue moved to deny the project under the Wetlands Protection Act (310 CMR 10 Section 10.05(6)c - If the conservation commission finds that the information submitted by the applicant is not sufficient to describe the site, the work or the effect of the work on the interests identified in.G.L. c. 131, § 40, it may issue an Order prohibiting the work. The Order shall specify the information which is lacking and why it is necessary) and the Northampton Wetlands Ordinance based on not having enough information from the applicant to provide the Commission with evidence to determine whether or not the project will have an adverse affect on the resource areas, and the whether or not the project protects the eight interests of the Wetlands Protection Act and the interests protected by the Northampton Wetlands Ordinance. Reuven seconded the motion All in favor Mason Maronn left the meeting at 8:00PM and did not vote 8:15 PM Sue Caisse and her brother met with the Commission to discuss the vernal pool located on their parcel and the Enforcement Order issued by the Commission and the Department of Environmental Protection John explained the importance of the vernal pools and the wildlife that rely upon vernal pools for survival John mentioned that the Commission would be interested in showing them the life within the vernal pool at a field visit during the spring The Commission offered help with a Conservation Restriction or a donation to the City of Northampton to make it less burdensome on them for tax purposes Sue Caisse gave the Northampton Conservation Commission and/or their agent permission to walk on the property at any time to inspect the vernal pool and vernal pool buffer area. 8:30 PM Paul discussed the process that City Council would like to follow before they vote on the new Northampton Wetlands Ordinance with the Commission. 8:35 PM John moved to fund soft costs for the Berestka Purchase in the Fitzgerald Lake Conservation Area Sue seconded the motion All in favor 8:40 PM John moved to grant approximately $2000 to fund the site assessment for the new meadows property and to allow the cleanup of the property Sue seconded the motion All in favor 8:45 PM John discussed the Clapp property with the Commission that the City pays the back taxes for the Conservation Restriction and Nonotuck will close on the property with a CR on ½ the property. Nonotuck does not want to hold the CR 8:50 PM John asked where the maintenance record exists for the Barrett Street Marsh. Bruce stated that he would ask Paulette and get an answer for the Commission. 9:00 PM Sue motioned to adjourn Mike seconded the motion All in favor Northampton Conservation Commission Minutes for October 12, 2006 Members present-John Body, Sue Carbin, Michael Vito, Mason Maronn, Reuven Goldstein, Paul Wetzel, Leslie King Staff present: Bruce Young, Land Use and Conservation Planner 5:30 PM Paul Wetzel opened the public hearing 5:30 PM Request for Determination of Applicability filed by the City of Northampton Office of Planning and Development to determine whether the installation of a small parking area at the Mineral Hills Conservation Area is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. John moved to continue the hearing until 6:00 PM on October 26, 2006 in the Hearing Room of City Hall 6:00 PM Notice of Intent filed by Richard Corder for the Cooley Dickenson Hospital. Work will include detention basin repairs and bank stabilization. Work will take place on Bank and within the 100’ buffer zone to a Bordering Vegetated Wetland. Project location is the Cooley Dickenson Hospital, 30 Locust Street, Map ID 23B-46. Dave Pickard and John Furman from VHB presented the application for the applicant Dave submitted monitoring reports for 2006 for the Cooley Dickenson Hospital site Mason asked the applicant if a more natural material could be used for the bank material- instead of rip-rap Dave explained that they believe that the flows would erode a natural material and rip-rap would a material that could withstand a 100 year flood Leslie moved to close the hearing Sue seconded the motion All in favor Mason moved to issue general conditions 1-32 and The applicant submits an acceptable plan to the Northampton Conservation Commission that replaces the proposed rip rap in the bank replacement area with a natural material that would provide enhanced habitat value in the bank area. Sue seconded the motion All in favor 6:40 informal discussion with Jim Harrity and Aharon Sharff Discussion on potential project to be submitted to the Conservation Commission. Northampton Conservation Commission Minutes for October 26, 2006 Members Present: Paul Wetzel, Sue Carbin, Michael Vito, Mason Maronn, and Reuven Goldstein Staff Present: Bruce Young, Land Use and Conservation Planner 5:30 PM Paul Wetzel opened the public hearing 5:35 PM Continuation of a Determination of Applicability filed by Stephen Lapienski to determine whether the area depicted on the plans and the construction of 350 feet of driveway is subject to jurisdiction of the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Work will take place within the buffer zone of Bordering Vegetated Wetlands and an intermittent stream. Project location is Lots 2 & 3 Coles Meadow Road, Map ID 03-31 lots 2 & 3. Sue moved to continue the hearing until December 14, 2006 at 5:30PM in the Hearing Room of City Hall Mike seconded the motion All in favor 5:36 PM Request for an Extension Permit for Order of Conditions DEP File #246-426 filed by the City of Northampton, Office of Planning and Development. Project location is the bike path along King Street, across Pleasant Street and onto New South Street. Sue moved to issue a three-year extension to the Order of Conditions Mason seconded the motion All in favor 5:40 PM Request for Certificate of Compliance filed by Jeffrey and Susan O’Brien of 615 Burts Pit Road, DEP file # 246-529, Map ID 29-616. Mason moved to issue a Certificate of Compliance Sue seconded the motion All in favor 5:55 PM Notice of Intent filed by Tom Bacis of New England Remodeling to construct single-family houses in Riverfront Area of the North Branch of the Manhan River. Project location is 45 Loudville Road, Map ID 41-08. Joe Dunn from New Horizons presented for the applicant There was a Discussion on the placement of the driveways, the potential for shared driveways, the removal of fences in the Riverfront Area, moving the septic system out of the Riverfront Area, placing straw wattles at the base of the driveway during construction, the width of the driveways, and the amount of clearing/disturbance around the driveways. Sue moved to close the hearing Mason seconded the motion General Conditions #1-32 Septic system on parcel 5 is to be moved out of Riverfront Area if there is another area that will pass the percolation test Straw wattles are to be placed at the end of the driveway during construction within an indentation All fences in the Riverfront Area are to be removed Joe Dunn will file a report to the Northampton Conservation Commission on the number and type of trees that are removed for construction and he will submits a restoration plan for review and approval by the Northampton Conservation Commission The Driveways are to be superelevated to prevent water runoff onto Loudville Road Sue moved to approve the Order of Conditions with the stated conditions Mason seconded the motion All in favor 6:00 PM Continuation of a Request for Determination of Applicability filed by the City of Northampton Office of Planning and Development to determine whether the installation of a small parking area at the Mineral Hills Conservation Area is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Mason motioned to issue a Negative Determination checking box #3 with the condition that the parking lot be constructed no closer than 45 feet to the wetlands Sue seconded the motion All in favor 7:15 Mike moved to adjourn Sue seconded the motion All in favor Northampton Conservation Commission Minutes for November 09, 2006 Members present: John Body, Paul Wetzel, Susan Carbin, Leslie King, Mike Vito, Staff Present: Bruce Young Paul Wetzel opened the meeting at 5:30 PM Sue motioned to accept the minutes of October 26, 2006 Mike seconded the motion All in favor 5:30 PM Notice of Intent filed by Kathleen Carlson for an addition to a single-family house. Work will take place in the 100’ buffer zone of a Bordering Vegetated Wetland. Project location is 27 Spruce Lane, Map ID 36-246. Karro Frost of NEE, Inc. presented the plans for the applicant Roger Cooney Wright Builders stated that there is not a large amount of disturbance on the site. Sue moved to close the hearing John seconded the motion All in favor Mason moved to accept standard conditions and recommended the applicant plant random groups of 3 to 5 shrubs at 5 feet on center and to plant three groups of trees 10 to 15 on center with 20 feet between tree groups Sue seconded the motion All in favor Sue moved to remove John and appoint Mason to the Sustainability Committee Mike seconded the motion All in favor Sue moved to recommend John to the CPA Committee Leslie seconded the motion All in favor 6:17 PM Request for Certificate of Compliance filed by HAP, Inc for Order of Conditions DEP # 246-538. Property location is 135-137 West Street, Map ID 31D-21. Sue moved to accept the Certificate of Compliance Mason seconded the motion All in favor Northampton Conservation Commission Minutes for Dec. 14, 2006 Members Present: Paul Wetzel, Sue Carbin, John Body, Reuven Goldstein, Mason Maronn, Mike Vito, Leslie King Staff Present: Bruce Young, Land Use and Conservation Planner 5:30 PM Paul Wetzel opened meeting. Sue moved to accept minutes for 7/27/06, 8/24/06, 8/31/06, 9/28/06, 10/12/06 and 11/09/06 Reuven seconded the motion All in favor Paul presented the Barrett Street Marsh Task Force plan. Discussion followed. Further discussion of Task Force Plan and Department of Public Works request to trap the beaver was continued until the next meeting, Jan. 11, 2007 at 5:30PM in the Hearing Room on the second floor of City Hall. 6:35 PM Notice of Intent filed by Robin and Garson Fields of Berkshire Electric Cable Company for Construction of an industrial wastewater sewer connection. Robin Fields and Greg Newman presented the plan. John moved to close the hearing; Sue seconded. All were in favor of closing the hearing. Sue move to issue the Order of Conditions with general conditions #1-32; Reuven seconded. All were in favor. 7:00 PM Notice of Intent filed by Linda Scott for additions to a single family home. David Cameron from Tighe and Bond presented the project. Fees had been miscalculated so they provided another check. David provided nine copies of a response to DEP concerns. Mike moved to close the hearing; Mason seconded. All in favor. Sue moved to issue the Order of Conditions with general conditions 1-32; Reuven seconded. All were in favor. 7:10 PM Bruce, who had left the meeting to staff the Zoning Board hearing, returned. He reported that he had visited the project at the Village at Hospital Hill and that they are in compliance. Bruce said that he had no problem with issuing a three-year extension of the Order of Conditions for the South Campus or the partial Certificate of Compliance. Mason moved to issue the Certificate of Compliance and the extension to the Order of Conditions; Reuven seconded. All were in favor. 7:20 PM Other Business Bruce received forest cutting plan for Beaver Brook. John commented that there are endangered species that need to be protected from forest cutting. Natural Heritage had not yet approved the cutting plan. Reuven suggested the Commission voice objections to the plan. Discussion followed about the plan and what objections the Commission would have on the current Forest Cutting Plan. Mike suggested asking for an extension in a strongly worded letter to the regional forester, who we would then be invited to hear the Commission’s concerns at the January meeting. Mike reiterated that the goal of the letter would be to get the forester to the Commission meeting to hear what members think about the plan. John moved that Bruce send a letter to the forester inviting him to our next meeting so that we can discuss the extremely sensitive nature of the project. Sue seconded. All were in favor. NEXT Wetlands Ordinance Update Bruce explained that the Ordinance Committee would like the Conservation Commission to separate out the vernal pool section and the wetlands section of the ordinance into two parts. Discussion of pros and cons of separating out the two sections followed. Sue moved to deny the Ordinance Committee request to split the Wetlands Ordinance. John seconded All in favor except Mike who agrees that the Ordinance should not be split. NEXT Discussion on Barrett Street Marsh beaver deceiver. Commission members decided that the Task Force proposal to phase in pipes would be the best immediate action. Commission members will try to raise money to purchase the pipes. Mike emphasized that the Commission’s goal should be to work with the DPW. For businesses and others donating to the pipe project, checks should be made out to the City of Northampton Wetlands Fund. NEXT Sue moved to accept the minutes for Sept. 28; Aug 24; July 27; and June 8. Mason seconded. John abstained because he was not present for those meetings. Everyone else was in favor. NEXT Mason moved to adjourn. Sue seconded. All in were in favor.