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Conservation Commission Minutes 2005 Northampton Conservation Commission Minutes of February 10, 2005, 5:30 P.M. City Hall Hearing Room, 210 Main Street, Northampton Members present: John Body, Paul Wetzel, Rueven Goldstein, Susan Carbin, Wendy Sweetser Staff present: Wayne Feiden, Bruce Young (until 6:30) Upon motion and second, the minutes for January 13, 2005 were approved by unanimous vote. Upon motion and second, the minutes for January 27, 2005 were approved by unanimous vote. Sovereign Builders John Body opened the continued public hearing on a Notice of Intent filed by Sovereign Builders. Alec Macleod, wetlands consultant, presented revised plans for a walking trail and the deletion of a project component (trail) that impacted wetlands requiring a water quality certification and the deletion of a proposed road extension. Upon Susan Carbin’s motion and Rueven Goldstein’s seconding, the board voted unanimously to close the public hearing. 408 Bridge Road Wayne Feiden presented the plans for the new units to be developed on 408 Bridge Road. Property owners have offered a ten-foot right-of-way and a back parcel to the City of Northampton. Wendy Sweetser moved to make a recommendation to the Planning Board and City Council to accept the open space and easement. Susan Carbin seconded and the motion passed unanimously. Warner Hill Estates Wayne Feiden presented the plans for review and recommendations. The Commission decided not to make any additional recommendation to the Planning Board (the Commission previously made a recommendation on an earlier version of the plans). Roberts Hill Road Wayne Feiden presented the plans for review and recommendations. John Body said vernal pools might be present with Jefferson Salamanders and other endangered species. Also, the wetlands will be fragmented by current plans. Wendy said there are excessive crossings Bruce Fogel spoke on behalf of fourteen neighbors and presented a letter of concern to the Commission. He stated that the hydrological processes, wetlands and streams might be affected by the development. Based on a conversation with Gloria McPherson, John Body thought that additional wetlands that were not indicated on the map might be located on the land. The Commission voted unanimously to recommend that the Planning Board deny the project and not grant any waivers until issues of loss of wildlife habitat, potential loss of vernal pool habitat, excessive wetlands crossings, and wildlife fragmentation can be addressed. Sovereign Builders Order of Conditions Upon motion by Paul Wetzel and second by Wendy Sweetser, the Commission voted (4- 1) to issue an Order of Conditions for Sovereign Builders, based on the revised submittal which ends the trail at the wetlands buffer line before the future wetlands crossing with the standard conditions 1-24 (including a pre-construction conference to be held on site with Commission members invited) and with two additional conditions: 25—No cutting of any 18” Diameter Breast Height (DBH) tree without specific approval of the Conservation Commissioners on the preconstruction site visit, who are authorized to allow minor trail readjustments as field changes to save 18” DBH trees. 26—No blasting without Commission approval, which can be given as a field change during the site visit. Willards Inc. Enforcement Action Paul Davis presented an existing conditions plan, showing what they believe to be the historic limits of the project. He requested permission to continue to current operation, within the berm and as outlined on the plan with the condition that they will file an operations and management plan identifying exact outlines of the historic project and erosion control measures. Deborah Wilson, a North Farms Road abutter said that she likes the existing conditions plan, but that the work on the plan does not represent the work that has taken place this winter. She said the working edge of the stockpile is moving closer to the stream on its northwesterly side each year. Upon motion by Wendy Sweetser and second by Sue Carbin the Commission voted unanimously to authorize work to proceed as outlined on the existing conditions plan, including depositing and removal of material, until the end of March, by which time an Operations and Management Plan shall be submitted. Beginning on April 14, 2005 no additional work shall take place within resource area, 100’ buffer area, or 200’ riverfront area until the Commission approves the O&M Plan and reaches a determination as to what work is grandfathered and what erosions control measures shall be utilized to prevent damage to the resource area. If any encroachment beyond the limit of stockpiles shown on the 2001 air photo, the O&M plan shall show how that area shall be restored to historic levels. Mr. Willard said that Commission members are free to visit the site, but only with an employee of the gravel pit. Mr. Willard’s attorney requested that the fines be held in abeyance until the Commission’s meeting in April to see if in fact there are wetlands violations. Upon motion by Rueven Goldstein and second by Paul Wetzel, the Commission voted by unanimous vote to hold the fine in abeyance April 14, 2005 and reserve the right to reissue if necessary. Durfer Order of Conditions Upon motion by Wendy Sweetser and second by Sue Carbin, the Commission voted unanimously to issue an Order of Conditions with standard conditions 1-24. The Commission noted that most of the requested accessory apartment will be within the cleared area. James and Bonnie Graham Order of Conditions Upon motion by Wendy Sweetser by and second by Rueven Goldstein, the Commission voted 4-1 to issue an Order of Conditions with standard conditions 1-24 and a condition that a grassed swale be located between the driveway and the Riverfront Area >>>>see staff report Northampton Conservation Commission Minutes for March 10, 2005 Members present: Mason Maronn, John Body, Paul Wetzel, Reuven Goldstein, Susan Carbin, Wendy Sweetser, Kelly Phelan (Associate), Staff Present: Wayne Feiden, Bruce Young (until 6:30) Mason Maronn opened the meeting at 5:35 Susan moved to accept the Northampton Conservation Commission minutes from February 10, 2005 Paul seconded the motion The Board passed the motion unanimously 5:38—1157 Florence Road Public hearing opened for 1157 Florence Road DEP#246-558 Michael Marcus of New England Environmental, Inc. presented the proposed work to be conducted at 1157 Florence Road John moved to close the hearing and Susan seconded the motion Motion passed unanimously Mason Maronn presented the board with Standard Orders of conditions 1-24, and Order 25—Stormwater runoff from the additions is to be channeled to a drywell, rain garden or sandy-layered infiltration trench. Order 26—On the construction side of the silt fencing, strawbales are to be staked into the ground against the silt fencing. Reuven motioned for conditions to 1-26 to pass. John seconded the motion. The Board passed the motion unanimously. Enforcement Orders Bruce Young presented the Enforcement Order and conditions for Bonde Construction, 273 Park Hill Road. Enforcement Order is for sediment runoff into a drainage swale paralleling Park Hill Road. John motioned to ratify the Enforcement Order Susan seconded the motion The Board passed the motion unanimously John motioned to have Bruce Young, Land Use and Conservation Planner, write a letter to Mark Bonde Construction. The intention of the letter is to inform Bonde Construction of the process involved in complying with the Massachusetts Wetlands Protection Act and Northampton Wetlands Ordinance. Paul seconded the motion The Board passed the motion unanimously Bruce Young presented the Enforcement Order and conditions for Lisa Gustavsen of 67 Bradford Street Wendy moved to ratify the Enforcement Order John seconded the motion and the Board passed the motion unanimously Certificate of Compliance Bruce Young presented the Church Hill Parking Lot Certificate of Compliance DEP#246-456 Wendy moved to issue the Certificate of Compliance, Susan seconded the motion and the Board passed the motion unanimously Other Business John made a motion to use $50.00 of the Conservation Commission Outreach and Education funds to pay Molly Hale for leading a vernal pool hike Wendy seconded and the motion passed unanimously John Body made a motion for the Northampton Conservation Commission to cosponsor the following events: The Big Night-the first night above 42 degrees and is raining steadily March 30, Co-existing with Bears April 16, Sawmill Hills Vernal Pool Night May 4, Living with Coyotes May 7, Robert’s Hill Warbler Hike May 14, Orienteering in the Sawmill Hills June 11, Canoe Tour of Burt’s Pit Bog (a.k.a. Brookwood Marsh) Wendy seconded the motion The board passed the motion unanimously The Conservation Commission signed the Northampton Airport Connecticut River Conservation Restriction. Doug Kohl, the current developer of the Oaks Subdivision, appeared informally to get feedback on a future request for an Amended Order of Conditions to allow him to relocate a short section of the Oaks access road. The relocation of the road is proposed to avoid being so close to an abutting home and to that abutting homeowners lawn, which currently encroaches on the Oaks subdivision’s property. The Conservation Commission indicated a willingness to consider allowing the road right of way moved to within 50’ of the isolated wetland on the site, with the recommendation that the sidewalk be moved closer to the curb. The Conservation Commission discussed the proposed amendments to Chapter 24, Wetlands Protection, and Chapter 25, Enforcement. Upon motion by Wendy Sweetser and second by Reuven Goldstein the Commission voted unanimously to recommend the wetlands ordinance revisions to City Council. Mason Maronn nominated John Body as chair, John nominated Paul Wetzel as Vice Chair, Wendy Sweetser seconded the nominations and the Conservation Commission voted unanimously to approve both nominations. Upon motion by Wendy and second by John the Commission voted unanimously to approve funding two days a week for the Land Use and Conservation Planner position indefinitely. The Commission adjourned at 8:00 PM. Northampton Conservation Commission Minutes of March 24, 2005, 5:30 P.M. City Hall Hearing Room, 210 Main Street, Northampton Members present: John Body, Paul Wetzel, Reuven Goldstein, Susan Carbin, Wendy Sweetser Staff: Land Use and Conservation Planner, Bruce Young, and Planning Director, Wayne Feiden. 5:30 P.M., John Body opened the meeting The Minutes for the meeting on March 10, 2005 were discussed John asked to change the Conservation Commission fund to Conservation Commission Outreach and Education fund. Susan moved to accept minutes with the changes presented by John Wendy seconded the motion Motion passed unanimously 5:33 PM - Request for Determination of Applicability for Northampton Department of Public Works for installation of water line and removal of hydrant on Damon Road Paulette Kuzdeba from the Northampton Department of Public Works presented the Damon Road Request for Determination. Paulette presented the plans to the Commission as represented on sheets 1 of 3 and 2 of 3 in the RDA Paulette stated that new 1” copper pipes would be placed into the ground. She also said that the existing pipes would remain in the ground, and would be capped on both ends. Paulette stated that all work would take place within the paved area on Damon Road, with the exception of the area where the hydrant will be removed. She also stated that a silt sack will be placed in the catch basins and siltation fence will be staked around the work area. Paul moved to close the hearing Susan seconded the motion Motion passed unanimously Susan moved to issue General Conditions and staff recommendations Wendy seconded the motion Motion passed unanimously 5:45 PM—Request for Determination of Applicability for Northampton Department of Public Works for installation of water line and removal of hydrant on Main Street, Leeds Paulette Kuzdeba presented for the DPW Paulette stated that all work will be completed in existing paved area Work will start on south end and eventually tie into waterline on south side of the bridge Existing lines will be cut and capped Existing trees will remain John asked about possible erosion from the area between curbs going into the river area Reuven mentioned using a filter sock as one of the conditions Paulette explained that the earth will be removed during construction and a condition could be placed on the determination that the area is to be swept daily. Note: a check valve/ hose bib is needed in case water main breaks or fire/ pressure drop and can be sucked into the drinking water pipes Susan motioned to close the hearing Wendy seconded the motion Motion passed unanimously Cancel silt fencing and haybales Susan motioned to issue Negative Determination with conditions that silt socks must be used on the driveway and the area is to be swept on a daily basis Paul seconded the motion Motion passed unanimously Wendy moved to make Bruce W. Young a Conservation Commission Agent in addition to Wayne Feiden and Carolyn Misch Susan seconded the motion Motion passed unanimously Wendy moved to fine Lisa Gustavson for 5 days at $100 per day for filling a wetland and moving the fill within the wetland. Reuven seconded the motion Motion Passed unanimously Wendy moves to issue a certificate of compliance for 408 Bridge Road that no work conducted under the Order of Conditions Susan seconded the motion Motion passed unanimously Wendy moved to close the public meeting Reuven seconded the motion All in favor Northampton Conservation Commission Minutes of April 28, 2005, 5:30 P.M. City Hall Hearing Room, 210 Main Street, Northampton John Body Opened the Meeting at 5:35 5:35 P.M. Notice of Intent filed by Douglas Kohl for the construction of a single-family house at 38 Black Birch Trail in Florence, Map 37-128. Douglas Kohl presented the Notice of Intent Doug stated that he would like to clear the forested area for additional air and light. The area would be converted to lawn. Doug estimated the final grade to be a little steeper than 5% Doug asked to move the work limit line to 20 feet Sue motioned to close the hearing Wendy seconded the motion All in favor 5:40 P.M. Amended Notice of Intent filed by Douglas Kohl for realignment of a section of the main loop road of “The Oaks” subdivision, Map 36-68, 286 and 288. Doug Kohl presented the plan that was informally presented to the Conservation Commission one month ago Doug stated that he has not yet submitted the plan to the Planning Board Doug stated that the right of way is the limit of work line Doug stated that Lot #64 will be relocated out of the buffer zone Allow no work is done within 59 feet of wetland with sidewalk to ask planning for sidewalk exemption Wendy motioned to close Reuven seconded the motion Motion passed unanimously 5:50 P.M. Request for Determination filed by John W. Ewing for area located at 297 Wilson Road, Map 44-12, 55, 116, 128, 129 and 130.RDA Hearing was rescheduled to May 12, 2007 at 5:45 PM in the Hearing Room of City Hall 6:10 P.M. Request for Determination filed by The Estate of Kathryn Lingner c/o Karen Korvek for area located at 320 Sylvester Road, Map 28-9.6:10 RDA for Lingner Keith Morris presented the plan Keith stated that the project would affect approximately 250 square feet of buffer zone and that the septic system will be a mounded system The Commission stated that they were worried about water going into the street and into the road then down to river Sue moved to close the hearing Wendy seconded the motion Motion passed unanimously 6:15 P.M. Meeting with Bill Willard on Enforcement Order issued on January 13, 2005. Dan Nietsche from Baystate Environmental Consultants presented for the applicant. Dan stated that an earthen berm will be constructed along the yellow line on the plan that will be 4-5 feet high and will be seeded There was a comparison of the orthophotos from 2001 to 2003 John noted that there is a difference in the areas near the secondary settling area Dan stated that the low area adjacent to the river will be raised Site meeting was set for 07 May 2005 at 10:30. Deborah Wilson asked commission to make Mr. Willard prove that his operation has not moved toward the stream John told her that the commission is going to look to see if there is damage and to see if the operation has moved toward the stream John moved to close the hearing 6:45 P.M. Meeting with Lisa Gustavsen on Enforcement Order issued on March 07, 2005. Karro Frost of New England Environmental, Inc, presented the plan Lisa Gustavson stated that it is not a stream but a channel The Commission decided to go out to the site under the enforcement order and consider developing a remediation plan. The Commission decided to make a determination under the enforcement order at the next meeting and to notify the applicant via certified letter. Lisa Gustavson gave the Commission permission to go on property along the water area along 67 Bradford Street. 6:52 P.M. Discussion of Chapter 61 property with Wayne Feiden Wayne provided an overview of a parcel coming out of Chapter 61B along the east side of Coles Meadow Road and stated that the City has right of first refusal. Wayne explained that if the City waives the right of first refusal now, the owner will put a conservation restriction on a piece of the property. Wendy moved to recommend to Mayor and City Council to authorize the City to accept the Conservation Restriction and waive the right of first refusal. Sue seconded the motion Motion passed unanimously 7:00 P.M. Meeting with Edward Allen on Easthampton Road Enforcement Issue. John recommended that Mr. Allen hire a wetland scientist look at the land and what needs to be done to stop any possible erosion and to report back to the Commission before the next meeting. 7:10 P.M. Meeting with Terry Anderson on Wetlands Ordinance Changes Terry explained her concerns with the current proposed wetlands ordinance The first concern is section 24-10 performance standards #2- in the last clause Terry stated that the City is trying to encourage development in urban areas (commercial/industrial) and her concern is if all of provisions of performance standards apply to business sections then she sees the standards as potentially blocking smart growth development. She also stated that the Business Park should be exempted in the Ordinance John asked if the Business Park is necessary now that there is a plan for use of the State Hospital. Terry said the two are not related and serve different purposes. Terry stated that the lots are too small at the state hospital land for industrial park development. John stated that the area is a key corridor for wildlife movement Terry stated that she does not object to the section that presumes vernal pools are vernal pools even if they are not certified. End of discussion Sue motion to approve letter by the Commission requesting that MassHighway not spray herbicides in Northampton Wendy seconded the motion All in favor Wendy moved to nominate Molly Hale for Conservation Commission Steward of the Season Sue seconded the motion Motion passed unanimously Wendy moves to adjourn Sue seconded the motion All in favor Northampton Conservation Commission Minutes of May 12, 2005, 5:30 P.M. City Hall Hearing Room, 210 Main Street, Northampton Members present: John Body, Paul Wetzel, Reuven Goldstein, Susan Carbin, Mason Maronn Staff present: Land Use and Conservation Planner, Bruce Young 5:35 PM John Body opened the meeting Molly Hale was presented the Conservation Commission Steward of the Season Award 5:45 P.M. Request for Determination of Applicability filed by the Office of Planning and Development to determine whether changes to the construction of a rail trail along the former New Haven and Northampton Railroad right-of-way at the Earle Street crossing, 38C-76, are subject to the Wetlands Protection Act. Paul moved to issue a negative determination Wendy seconded the motion Motion passed unanimously 5:55 P.M. Request for Determination of Applicability filed by John W. Ewing to determine whether the boundaries of area depicted on the plan are accurately delineated and whether the area is subject to jurisdiction of the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. No work is proposed at this time. Project location is 297 Wilson Road, Map 44-12, 55, 116 and 128-130. Phil Rury from Hatch, Mott, MacDonald presented the project Phil said that mowing changed the vegetation to more prominent upland vegetation and that the soil was tilled in the spring and hay was harvested in the fall Phil was asked to provide copies of the field notes Paul moved to continue the until 05/26/2005 at 5:30 PM Reuven seconded the motion Motion passed unanimously 6:10 P.M. Discussion with the Planning Board. 6:30 P.M. Informal discussion with Sam Crescione Sam asked if he could clean leaves in the Mill River Sue moved to allow him to clean the leaves while he waits for his Notice of Intent to be heard by the Conservation Commission. Reuven seconded the motion Motion Passed unanimously 7:30 P.M. Informal discussion with Timothy Dachos Timothy explained that he has had quite a bit of water on his property from The Oaks Subdivision and showed pictures of the area. Based upon the history of the site he feels he bought a building lot and it is no longer buildable based on runoff from The Oaks. The Commission informed him that he should contact the owner or a lawyer to see if the neighbor is responsible for his wet property Paul motioned that Bruce write a letter to describe the runoff problem Reuven seconded the motion Sue Carbin stated that it is a private affair and the Commission should not be involved All in favor except Sue Carbin 7:59 P.M. Informal discussion with Tom Horton Tom stated that he wanted garden in his backyard and that he had a lead test conducted and found lead. Tom stated that he moved the lead contaminated soil from the potential garden area to another area on his property and that he put stone in the areas where he removed the soil Conservation Commission moved to issue a Enforcement order stop work on Tom’s property The Commission ordered Tom to cover the contaminated soil with 3” of topsoil and seed come back to the Commission with a Notice of Intent to do work in the floodplain. 8:20 P.M. Informal Discussion with Justin Dionne Justin stated that he recently purchased land at Dunphy Drive and did not know that he was impacting wetlands. Mason motioned not to contact the Department of Environmental Protection and to have Justin provide the Commission with a restoration plan. Sue seconded the motion Motion passed unanimously John suggested that Justin help out the neighbor Mr.Herzig with the silt in his yard. 8:37 P.M. Stream Determination of stream off of Bradford Street next to Lisa Gustavson’s property The Commission unanimously determined that the area is an intermittent stream Wendy moved to accept the Gustavson’s remediation plan to do work under the enforcement order Rueven seconded the motion Motion passed unanimously Meeting adjourned. Northampton Conservation Commission Minutes of May 26, 2005, 5:30 P.M. City Hall Hearing Room, 210 Main Street, Northampton Members present: Mason Maronn, Paul Wetzel, Reuven Goldstein, Susan Carbin, Wendy Sweetser Staff present: Land Use and Conservation Planner, Bruce Young Mason opened the meeting 5:33 PM 5:30 P.M. Notice of Intent filed by Lyle Haggerty for construction of a single-family home. Project location is 25 Crosspath Road, Northampton, Map ID 25-32. Work will take place in Bordering Land Subject to Flooding. Marc Darnold from Berkshire Design presented Marc stated that the house will be built at grade and no fill will be brought onto the site Marc stated that some excavation will need to occur around the driveway area Marc stated that piers will support the building Marc stated that the compensatory storage will be provided by Northampton airport and some will be given to airport Marc stated that there will be a net gain of compensatory storage on property at different elevations Wendy moved to close the hearing Reuven seconded the motion Motion passed unanimously 5:45 P.M. Request for Determination of Applicability filed by Keith Morris and Michael Gragnolati for verification of wetland boundaries and herbicide sensitive areas, as they pertain to the Massachusetts Wetlands Protection Act, for the Boston and Maine Corporation’s right-of ways in Northampton. The Commission requested to USDA that the no spray zone be 50’ and the restricted spray zone be 50-100’ The Commission agreed to accept the sensitive area delineation Wendy moved to close the hearing Sue seconded Motion passed unanimously 6:00 P.M. Request for Determination of Applicability filed by John Hanley and Patrick Melnik to determine whether resource area boundaries are accurately delineated, and whether, removal of the existing building at 28 Evergreen Road, construction of a two multi-unit buildings off Route 9, construction of six houses with frontage on Route 9 and a common driveway from Evergreen Road and Grove Avenue, construction of a 19 unit cluster development with new road access from Evergreen Road, and construction of all associated utilities are subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is Route 9 and Grove Avenue, Northampton, Map ID 5-6,7, 11A-3, and 12, and Map ID 6-19-21,58 and 61. Pat Melnik from Chesterfield Road in Leeds presented plans Pat stated that everything shown on the multi unit route 9 plans are outside of the buffer Dan Keith commented that the vernal pools are on the plans and the listed Jefferson salamanders use these pools and that the houses in the uplands will take away the upland habitat. Dan Keith stated that the area has been logged and the flags may have been disrupted by the loggers. Dan Keith presented forestry plan showing 6 acres of wetland logged. Deb Jacobs 82 Grove Avenue-stated that she was worried about septic system impacts on wetland areas Sandy Glen of Leeds – If an area that had old trees and is now gone, does that expand the size of the wetland. Jefferson salamanders upland habitat area would be demolished if this were to go through upland area. Sue Carbin moved to continue hearing to June 23, 2005 at 6:45 PM in the Hearing Room of City Hall Wendy seconded the motion Motion passed unanimously Pat Melnik stated that neighbors would be allowed to accompany the Commission on the site visit Conservation Commission will meet on June 4th at 11:00 at 68 Leonard Street with Mr. Melnik 6:45 P.M. Request for Determination of Applicability filed by John Hanley and Patrick Melnik to determine whether an addition to a single-family home, between the years 1990 and 1993, and the construction of a leaf composting facility, are subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Site location is 68 Leonard Street, Northampton, Map ID 6-27 and 28. Pat Melnik presented pictures to the Commission showing the areas adjacent to the Keith property and pictures of the Keith property. Mr. Melnik believes that Mr. Keith is cutting his property near the vernal pool without a permit. Mr. Keith stated that he has cut briers on edge of grass that grow into flower gardens and that the composting area has been there for many years Mr. Melnik thinks that cutting the vegetation around the vernal pool without a permit is violation of Wetlands Protection Act. Mason suggested that we visit the site on June 4, 2005 Reuven motioned to continue meeting to June 23, 2005 at 6:30 PM in the Hearing Room of City Hall Wendy seconded All in favor Discussion on Justin Dionne Enforcement Order Mickey Marcus, New England Environmental, Inc. presented a restoration plan for the Dunphy Drive Area. Wendy motioned that Justin Dionne may continue work if he provide the Commission with a complete remediation plan on June 9, 2005. Sue seconded the motion All in favor Discussion on Wetlands Ordinance with Wayne Feiden Wayne presented information on potential wetlands ordinance changes Distributed map- showing areas where current rules would apply and new rules would apply. Wayne stated that Terry Anderson wants to change the restriction in the water supply district clause because of the Chartpak Building in Leeds. Board is willing to negotiate but needs clarification of language Paul suggested having a table in the new regulations similar to zoning regulations tables Janet shepherd asked that the non-criminal section be added as a separate document Wendy moves to recommend the revised wetland ordinance to the Ordinance Committee Sue seconded the motion All in favor Conservation Commission Minutes June 9, 2005 Members Present: John Body, Paul Wetzel, Wendy Sweetser, Reuven Goldstein Staff present: Wayne Feiden John Body opened the meeting at 5:35 PM in the Hearing Room, 210 Main Street, Room 18. 5:35 P.M. Request for Determination of Applicability filed by the Massachusetts Highway Department to determine whether resurfacing of Haydenville Road (Route 9) from the Florence Road Intersection in Leeds to the Northampton/Williamsburg Town Line is subject to the Wetlands Protection Act. Dan Kapaska from MassHighway presented the Request for Determination for a one-inch overlay and raising of drainage structures on Haydenville Road/Route 9. All work will be within the roadway area. Upon motion by Wendy Sweetser and second by Paul Wetzel the Commission voted unanimously to close the public hearing. Upon motion by Wendy Sweetser and second by Paul Wetzel the Commission voted unanimously to issue a Negative Determination of Applicability (box 2 and box 3- work within resource area and buffer but project will not effect resource area) with condition to store all equipment outside of the buffer zone). 5:45 P.M. Request for Determination of Applicability filed by Mary Chunglo to install a new sewer line to be connected to the Hatfield Sewer System, and to fill in the existing septic tank. Request is to determine whether work is subject to Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is 906 North King Street, Map 08-07. Joe Chunglo presented Upon motion by Wendy Sweetser and second by Paul Wetzel the Commission voted unanimously to close the public hearing. Upon motion by Rueven Goldstein and second by Wendy Sweetser the Commission voted unanimously to issue a Negative Determination of Applicability (box 2 and box 3- work within buffer area but project will not adversely effect resource area) with condition that silt fences and straw bales be used within the buffer area and septic tank must be pumped out prior to being filled. 6:00 P.M. Abbreviated Notice of Resource Area Delineation filed by Alison MacDonald for assessment of a stream and to determine whether the boundaries of resource areas are accurately delineated, including Bordering Vegetated Wetlands and Riverfront Area. The Applicant is proposing to construct an in-ground swimming pool in the back yard of her residence. Project location is 8 Shepherds Hollow, Map15-23. Upon motion by Wendy Sweetser and second by Paul Wetzel the Commission voted unanimously to close the public hearing. Upon motion by Wendy Sweetser and second by Paul Wetzel the Commission voted unanimously to issue an Order of Resource Area Delineation allowing the construction of the requested swimming pool but not necessarily agreeing to the classification of the stream as an intermittent or perennial stream or the resource area delineation, with the condition that the limit of work line and the staked straw bales be placed at the top of the slope outside the proposed silt fence. 6:20 PM—Elizabeth Denny presented the application by Elizabeth Denny and Julie Pokela to build a 10’ (along the house) by 12’ (out from the house) deck on the rear of a house at 642 North Farms Road (map ID 2-28) so that the concrete piers will be in line with the existing concrete piers, with the deck cantilevered two feet beyond the edge of the existing deck. Concrete piers will be dug by hand. Upon motion by Wendy Sweetser and second by Rueven Goldstein the Commission voted unanimously to close the public hearing. Upon motion by Paul Wetzel and second by Wendy Sweetser the Commission voted unanimously to issue a Negative Determination of Applicability (Box 2 and 3, project is within resource and buffer area but will not effect those resource areas) with the condition that no work occurs outside non-encroachment line. 6:30 P.M. Notice of Intent filed by Clear Falls, Inc. for on-going maintenance work at the Clear Falls Recreation Area. Work will take place in Land Under Waterbodies and Waterways, Bank, and Riverfront Area. Project location is 48 Drury Lane, Map 48-08. Upon motion by Wendy Sweetser and second by Rueven Goldstein the Commission voted unanimously to close the public hearing. Upon motion by Paul Wetzel and second by Wendy Sweetser the Commission voted unanimously to issue an Order of Conditions for five years with the same conditions as in the most recent Order of Conditions. NCC Minutes 6-9-05.doc---Bruce YoungOctober 2, 2007---Page 2 6:45 P.M. City Councilor Alex Ghiselin discussed the work that Cooley Dickinson Hospital is doing on their parking lot access road, and Hospital Road reconstruction, wetlands filling, wetlands replication, and detention basin work within wetlands and wetland buffer zone. Councilor Ghiselin and the Commission expressed concern that the wetlands have been filled without the replication area and detention areas being built, creating a greater risk of flooding until the project is completed and a risk of increased erosion from non-vegetated areas. Upon motion by Wendy Sweetser and second by Paul Wetzel, the Commission authorized a letter for John Body to sign and send to CDH President Craig Mellon informing CDH that the project is proceeding without adequate focus on wetlands resources and must address these issues. 7:05 PM--Tom Jenkins presented revised plans for the Northampton Airport, in accordance with his May 27, 2005 and the revised plans dated May 11, 2005. Upon motion by Paul Wetzel and seconded by Wendy Sweetser the Commission voted unanimously to approve the presented plans as a field change with the condition the final changes be reflected on the final as-built plans. 7:20 P.M. Emergency Certification for sewer system connection from Earle Street to O’Connell Oil Associates at 25 Texas Road Jim Gracia, PE and Jim Soburn, from O’Connell Oil presented O’Connell Oil discovered that they had a failed cesspool and cross connection to the storm sewer that drained into the Mill River. The Board of Health issued an Order that they correct this. As an intermediate measure, they are using a temporary port-a-potty. The proposed work will be a new sewer line no closer than approximately 90 feet from wetlands. Upon motion by Wendy Sweetser and second by Paul Wetzel the Conservation Commission voted unanimously to approve an emergency certification, with the condition that any soil within 6” of grade crossing the historic railroad right-of-way be disposed of off set and in accordance with DEP for coal ash contaminated waste. Upon motion by Wendy Sweetser and second by Reuven Goldstein, the Commission voted unanimously to release Galerucella beetles that eat Purple Loosestrife at Brookwood Marsh on Saturday June 11, 2005. The Commission had a brief discussion of the draft wetlands ordinance, which was referred back to the Conservation Commission by the Ordinance Committee. At 7:30 PM, upon motion by Wendy Sweetser and second by the Commission voted unanimously to close the public hearing. NCC Minutes 6-9-05.doc---Bruce YoungOctober 2, 2007---Page 3 NCC Minutes 6-9-05.doc---Bruce YoungOctober 2, 2007---Page 4 Northampton Conservation Commission Minutes of June 23, 2005, 5:30 P.M. City Hall Hearing Room, 210 Main Street, Northampton Members present: Mason Maronn, Reuven Goldstein, Susan Carbin, Wendy Sweetser Staff present: Land Use and Conservation Planner, Bruce Young, Mason opened the meeting at 5:35 PM 5:35 P.M. Notice of Intent Filed by the Bay State Gas Company for replacement of gas lines along Brierwood Drive, Acrebrook Drive, Cross Street, Birch Hill Road and Deerfield Drive. Work will take place in Riverfront Area and in the 100’ buffer zone of Bordering Vegetated Wetlands. Notice of intent presented by Joe Petronino of Environmental Services Joe stated the gas company would need to dig a three-foot deep trench approximately one to one and a half feet wide and that all catch basins will be protected with diapers/silt sacks and all trenches will be filled at the end of the day. Sue stated that the plans need to be presented to the tree committee Wendy moved to close the hearing Sue seconded the motion All in favor Sue moved to issue General Conditions #1-24 Wendy seconded All in favor 5:58 P.M. Request for Certificate of Compliance by The Community Builders, Inc. for Ice Pond Subdivision on Route 66/Rocky Hill Road. Wendy moved to issue Certificate of compliance for Ice Pond Sue seconded the motion All in favor 5:59 P.M. Request for Certificate of Compliance by Tim and Sandra Skrocki for 155 Westhampton Road. Wendy moved to issue COC for Tim and Sandra Skroki Sue seconded the motion All in favor 6:00 P.M. Request for Determination of Applicability filed by Peter Thomas to determine whether demolition of the existing Big Y Supermarket, and the relocation/construction of the new Big Y Supermarket and associated parking area, are subject to the jurisdiction of the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Plans were presented for the new building and changes to the existing building The Commission stated that they need an agreement for maintenance of detention basin Wendy moved to continue the hearing until 5:30 PM on July 28, 2005 Reuven seconded the motion All in favor 6:25 P.M. Request for Determination of Applicability filed by Rochelle Griffin for landscape work. Project location is 498 Spring Street, Map 16A-009, work will take place within the 100’ buffer of an intermittent stream. Paul Griffin presented Paul requested to remove old roots near pond with machinery Paul stated that the edge of the pond to fifteen feet out will be planted with New England wildflower mix with once a year mowings and removal of Japanese Knotweed Wendy moved close the hearing Sue seconded the motion All in Favor Sue motioned to issue a Negative Determination check box three with sedimentation controls and mowing conditions Wendy seconded the motion All in Favor 6:40 P.M. Continuation of a Notice of Intent filed by Thomas Borawski and Michelle Marlow for the construction of a new single-family house and septic system with associated site grading on Kennedy Road, Map ID 14-9. Work proposed within a buffer zone to a Bordering Vegetated Wetland. Mark Reed presented for Heritage Surveys House on the plans has been moved up to 30’ from road and moved further away from 50’ buffer zone. Rueven moved to close Wendy seconded the motion All in favor Wendy moved to issue General Conditions #1-24 Limit of work line is 50’ buffer line and must be marked with Carcinite markers Wendy moves to accept conditions Rueven seconded the motion All in favor except Sue 6:45 P.M. Continuation of a Request for Determination of Applicability filed by John Hanley and Patrick Melnik to determine whether an addition to a single-family home, between the years 1990 and 1993, and the construction of a leaf composting area, are subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Site location is 68 Leonard Street, Northampton, Map ID 6-27 and 28. Wendy moved to close the hearing Sue seconded the motion All in favor Negative determination checking box 3 that mowing is allowed in the existing lawn but there can be no disturbance in area from lawn to vernal pool. Composting area can remain where it is and be used in future years. Wendy moves to issue negative determination with conditions Sue seconded the motion All in favor 7:00 P.M. Continuation of Request for Determination of Applicability filed by John Hanley and Patrick Melnik to determine whether resource area boundaries are accurately delineated, and whether, removal of the existing building at 28 Evergreen Road, construction of a two multi-unit buildings off Route 9, construction of six houses with frontage on Route 9 and a common driveway from Evergreen Road and Grove Avenue, construction of a 19 unit cluster development with new road access from Evergreen Road, and construction of all associated utilities are subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is Route 9 and Grove Avenue, Northampton, Map ID 5-6,7, 11A-3, and 12, and Map ID 6-19-21,58 and 61. Wendy moved to continue until July 28, 2005 at 5:40 PM in the Hearing Room of City Hall and have a member of the commission evaluate the flags on the site. 7:25 P.M. Discussion with Justin Dionne Justin stated that he will call the Office of Planning and Development to inform us of the status of the replication plan. 7:30 P.M. Enforcement meeting with verizon Sue moved to issue an Emergency Certification to clean up coal ash in the Mill River Wendy seconded the motion All in favor 7:45 P.M. Request for extension of Order of Conditions DEP File # 246-484. Request for extension has been filed by Jedoran Realty, Inc.Extension for one-year Wendy moved to issue a one-year extension Sue seconded the motion All in favor The Commission set a site meeting with Ward Smith at Old Wilson road for the John Ewing project on Thursday at 5:30 P.M. June 30, 2005 at Corner of Wilson and Florence Northampton Conservation Commission Minutes for July 28, 2005 Members present Wendy Sweetser, Mason Maronn, John Body, Paul Wetzel, Reuven Goldstein Staff Present: Bruce Young John Body opened the meeting at 5:30 PM 5:30 P.M. Continuation of a Request for Determination of Applicability filed by Peter Thomas to determine whether demolition of the existing Big Y Supermarket, and the relocation/construction of the new Big Y Supermarket and associated parking area, are subject to the jurisdiction of the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Big Y representatives presented plans that showed Big Y owning part of the Detention Basin in the rear of the property and they informed the Conservation Commission that they have been maintaining the detention basin for several years Paul moved to issue a negative determination and to check box 3 with the condition that Big Y maintain their section of the detention basin and submit yearly maintenance reports to the Conservation Commission via the Northampton Office of Planning and Development by October 1st of each year. Mason seconded All in favor 6:10 P.M. Continuation of a Request for Determination of Applicability filed by John Hanley and Patrick Melnik to determine whether removal of the existing building at 28 Evergreen Road, construction of a two multi-unit buildings off Route 9, construction of six houses with frontage on Route 9 and a common driveway from Evergreen Road and Grove Avenue, construction of a 19 unit cluster development with new road access from Evergreen Road, and construction of all associated utilities are subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is Route 9 and Grove Avenue, Northampton, Map ID 5-6,7, 11A-3, and 12, and Map ID 6-19-21,58 and 61. Mason moved to continue the hearing due to new information that was submitted earlier in the day and the Conservation Commission has not had time to review that information. Wendy seconded the motion All in favor Hearing continued to august 25, 2005 at 5:30 PM in the Hearing Room of City Hall 6:00 P.M. Request for Determination of Applicability filed by James Harrity to determine whether the area where modifications to an existing driveway and installation of water and sewer lines are subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is 503 Riverside Drive and adjacent lot #27, Map ID 23C-27. Jim Harrity presented the plans to the Commission Mason moved to close the hearing Wendy seconded the motion All in favor Wendy moved to issue a negative determination and to check box 2 and 3 with conditions of sediment controls be placed downslope of all driveway or utility work Mason seconded the motion All in favor 6:15 P.M. Request for Determination of Applicability filed by Earl and Jennifer Illingsworth to determine whether the boundaries of a Bordering Vegetated Wetland have been accurately delineated, and whether construction of a driveway and yard grading in the buffer zone of a Bordering Vegetated Wetland are subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project Location is on Cardinal Way, Map ID 36-72. Alan Weiss of Cold Spring Environmental presented the plans John Body said that the wetlands were flagged but the Commission had to guess where the lot lines were located. He suggested that the applicant flag the boundaries where the parcel is located. Mason moved to close Wendy seconded All in favor Paul moved to approve the delineation on the one-acre parcel on the plan and to issue a negative determination by checking box 3 with conditions that the applicants have erosion and sediment controls in place prior to any work on the site. Wendy seconded the motion All in favor 6:30 P.M. Request for Determination of Applicability filed by the Massachusetts Highway Department to determine whether the resource areas are accurately delineated for the establishment of wildflower beds in four locations in the median of Interstate 91. Project locations are MM 21.8, MM 23.3, MM 24.4, and MM 25.0 Timothy Meyer presented for MassHighway Tim asked the Commission if he could check box C on the Request for Determination application before we move forward with the hearing. The Commission agreed to check box C on the application. Mason asked if the highway median strips where chemicals might be used are dipped down below the surface of the highway. Tim said that they are dipped and if they decided to use chemicals, they would use glyphosate to clear vegetation. Tim was unsure if using MassHighway would be using herbicides or rototilling to remove the vegetation. Tim stated that wildflowers would be planted at different time intervals to allow for continuous vegetation John asked about wildlife using the new flowerbeds and having to cross the highway Tim did not have any research on wildlife and flowerbeds on highway median strips Tim stated that after the first season the flowerbeds would be mowed Wendy moved to close the hearing Mason seconded the motion All in favor Wendy moves to issue a negative determination and to check box 3 with no herbicide spraying allowed in Northampton highway median strips Reuven seconded the motion All in favor 7:15 P.M. Notice of Intent filed by Jim Dimos to replace driveway surfaces with trap- rock gravel. Work will take place within Bordering Land Subject to Flooding. Project Location is 140 Fair Street Extension, Map ID 32-03. Alec Macleod presented the project and plans Wendy moved to close the hearing Paul seconded the motion All in favor Paul moved to issue an Order of Conditions with general conditions 1-24 and #25 receipts for all material removed and deposited must be submitted to the Conservation Commission Wendy seconded the motion All in favor 7:35 P.M. Notice of Intent filed by Kenneth Patel to construct a single-family home, driveway and septic system within Bordering Vegetated Wetland, Bank, and buffer zone of Bordering Vegetated Wetland. Project location is 844 North King Street, Map ID 8- 68. Paul motioned to continue until August 25, 2005 at 5:45 PM in the Hearing Room of City Hall and that a site visit be scheduled with the Commission and Alec Mcleod The site visit was scheduled for Thursday, Auguest 4, 2005 at 6:00 PM Rueven seconded the motion All in favor 7:55 P.M. Continuation of Request for Determination of Applicability filed by John W. Ewing to determine whether the boundaries of area depicted on the plans are accurately delineated and whether the area is subject to jurisdiction of the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Wendy moved to continue the hearing to 6:15 P.M. on August 25, 2005 because the Commission is still waiting for Ward Smith’s signature on the plans. Reuven seconded the motion All in favor 8:10 P.M. Wendy moved to issue extension for the Northampton Office of Planning and Development Order of Conditions addressing The Commonwealth of Massachusetts Plan for bike path construction between Damon Road and Woodmont Road. Paul seconded the motion All in favor Northampton Conservation Commission Minutes of August 25, 2005, 5:30 P.M. City Hall Hearing Room, 210 Main Street, Northampton Members present: John Body, Paul Wetzel, Reuven Goldstein,Wendy Sweetser Staff present: Land Use and Conservation Planner, Bruce Young John body opened the meeting at 5:30 5:30 P.M. Continuation of a Request for Determination filed by John Hanley and Patrick Melnik to determine whether removal of the existing building at 28 Evergreen Road, construction of a two multi-unit buildings off Route 9, construction of six houses with frontage on Route 9 and a common driveway from Evergreen Road and Grove Avenue, construction of a 19 unit cluster development with new road access from Evergreen Road, and construction of all associated utilities are subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is Route 9 and Grove Avenue, Northampton, Map ID 5-6,7, 11A-3, and 12, and Map ID 6-19-21,58 and 61. Paul moved to close the hearing Wendy seconded the motion All in favor to close Wendy moved to check box 1 the area described in the Request is not an area subject to protection under the Act or the Buffer Zone Reuven seconded John voted against 6:20 P.M. Continuation of a Notice of Intent filed by Kenneth Patel to construct a single-family home, driveway and septic system within Bordering Vegetated Wetland, Bank, and buffer zone of Bordering Vegetated Wetland. Project location is 844 North King Street, Map ID 8-68. Alec Macleod representative for Kenneth Patel Paul moved to continue to next meeting September 8, 2005 at 5:45 PM in the Hearing Room of City Hall Wendy seconded the motion All in favor 6:45 P.M. Continuation of a Request for Determination filed by John W. Ewing to determine whether the boundaries of area depicted on the plan are accurately delineated and whether the area is subject to jurisdiction of the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. No work is proposed at this time. Project location is 297 Wilson Road, Map 44-12, 55, 116 and 128-130. Paul motioned to check box 2A and issue a positive determination Wendy seconded the motion All in favor 6:47 P.M. Request for Determination Filed by Stephen and Heidi Robinson to determine whether upgrading an existing access road is subject to jurisdiction of the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is 555 Coles Meadow Road, Map ID 03-010. Steven Robinson presented the plan Half of the property has been placed under a Conservation Restriction Paul made motion to close the hearing Reuven seconded the motion All in favor Paul moves to issue a negative determination checking box 3 with no use of blacktop and applicant must use normal sedimentation measures. Wendy seconded the motion All in favor 6:53 P.M. Request for Determination filed by Joyce Miller to determine whether installation of a fence is subject to jurisdiction of the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is 272 Riverside Drive, Map ID 30B- 067. Joyce Miller represented herself Paul moved to close the hearing Wendy seconded the motion Wendy moved to issue negative determination and to check box 2 Paul seconded the motion All in favor 6:56 P.M. Request for Determination filed by Paul Griffin to determine whether construction of a detached garage is subject to jurisdiction of the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is 498 Spring Street, Map ID 16A-009. Mark Gelotte presented the plans Paul moved to close the hearing Wendy seconded the motion All in favor Paul moved to issue a negative determination and to check box 3 with sedimentation controls and a notification of installation to the Conservation Commission Wendy seconded the motion All in favor 7:15 PM Meeting adjourned Northampton Conservation Commission Minutes for September 08, 2005 Members present: John Body, Paul Wetzel, Reuven Goldstein, Mason Maronn, Sue Carbin Staff Present: Bruce Young 5:30 John opened the hearing 5:30 Julia Fiske with New England Environmental presented for the applicants. They are proposing to increase their office space, manufacturing area, truck-loading area, and reconfigure the parking area and driveways. A portion of the proposed work will take place in the buffer zone of a BVW in the industrial park. There will be an overall loss of 2,692 square feet of impervious surface in the buffer zone due to removal of existing structures and pavement. There will be an increase in impervious surface on the non- jurisdictional areas on the site. The runoff from the additional impervious surface will be treated using bioretention areas. John mentioned to them that we should keep in mind that any large reductions in water will be influential on the downstream wetland areas. Mason moved to close Reuven seconded All in favor Standard conditions 1-24 and no mowing within the 50-foot buffer Mason moved to accept conditions Sue seconded All in favor 6:48 Alec Macleod presented for Kenneth Patel Applicant has proposed to construct a single-family home, driveway and septic system within Bordering Vegetated Wetland, Bank, and buffer zone of Bordering Vegetated Wetland. Alec stated that Applicant is unwilling to change the footprint of the house to be out of the buffer Alec agreed that applicant would hire a NCC approved professional to inspect potential vernal pool/isolated wetland and to have it certified if it is indeed a vernal pool Alec agreed to move house 30’ feet to south Paul moved to close hearing Mason seconded All in favor Standard Conditions 1-24 and staff recommendations Move house outside of 100’ buffer of intermittent stream 30’ Limit of Work Line 15’ off of house toward the north with permanent markers Mr. Patel, or the current owner will give permission to Molly Hale or other NCC approved scientist to inspect and go through the vernal pool certification process. Udated plan will be submitted to the Conscom with a restoration plan Mason moved to accept conditions Paul seconded All in favor 7:48 John Body opened the public meeting for the Montview Conservation Area The five interested farmers presented their plans for the area The NCC said that it sounded like a good plan and that the individuals should meet with the neighborhood to discuss the plan and then report back to the NCC 9:01 Paul move to close the meeting Sue second All in favor Northampton Conservation Commission Minutes for September 22, 2005 Members present: John Body, Paul Wetzel, Wendy Sweetser, Sue Carbin Staff Present: Bruce Young Paul opened the meeting at 5:30 5:30 P.M. Wayne Feiden presented the Bear Hill Project Conservation Restriction Sue moved to accept Conservation Restriction Wendy seconded the motion All in Favor 5:35 P.M. Wendy moved to go into executive session Sue seconded John, Paul, Wendy, Sue, Wayne, Bruce Wayne presented information on potential land acquisitions on several properties in that are currently in tax title The money to purchase these lands would come from capital improvements Wendy moved to remove Commission from executive session Sue seconded John, Paul, Wendy, Sue, Wayne, Bruce Public informed that the executive session was to discuss land acquisition in Northampton 5:55 P.M. Notice of Intent filed by Todd Cellura for replacement of a subsurface sewage disposal system. Work will take place within Riverfront Area. Project location is 150 Drury Lane, Map ID 48-015 Todd Cellura presented John moved to close the hearing Sue seconded the motion All in favor Conditions #1-24 Swale must be constructed in between mound and property line Existing tank must be disposed of according to title 5 regulations Wendy moved to accept conditions Sue seconded the motion All in favor 6:01 P.M. Meeting with Michael Daust of Berkshire Gas to discuss exposed gas line in the stream along Elm Street Michael Daust from Berkshire Gas and Andre Gonthier from Northstar were present The Commission informed them that the Elm Street Gas Pipeline is exposed and needs to be taken care of ASAP Possible solutions-Moving stream away from road and pipe, covering the pipe in cement, or moving pipe across the street 6:15 P.M. Request for Certificate of Compliance from Wright Builders, Inc. for Anita and James Durfer of 49 West Parsons Road, Map ID 35-264. John Moved to approve Certificate of Compliance for 49 West Parsons Road Sue seconded the motion All in favor Wendy moved to adopt the 2005-2010 Open Space and Recreation Plan Sue seconded the motion All in favor Wendy moved to adjourn Sue seconded All In favor Northampton Conservation Commission Minutes for October 27, 2005 Members present: John Body, Paul Wetzel, Reuven Goldstein, Wendy Sweetser, Mason Maronn Staff Present: Bruce Young John Body opened the meeting at 5:35 5:35 Alan Verson presented for the Principal Cutlery Building Associates Alan read a letter dated October 14, 2005 from New England Environmental, Inc. (NEE) that explained how contaminated soils have been piled in the raceway and that there are contaminates in the soil that were unanticipated. New England Environmental has stopped work on the project due to the amount and type of these unanticipated contaminates. Alan explained to the NCC that the site cleanup project needs to be reevaluated and requested that a partial Certificate of Compliance be issued for the work that has been completed. He stated that another Notice of Intent would be filed to complete the work. John Body asked if the proposed stormwater improvements have been completed and if the areas along the banks have been stabilized. Alan said that the areas have not been stabilized yet and the stormwater improvements have not yet happened. Mason suggested that Alan use stabilization mats on the bank and have NEE, Inc. contact the conservation commission with a plan for bank stabilization. The NCC agreed with Mason. 6:07 Tom Miranda represented for Lepine-Wzorek on the encroachment problems at The Plantations Subdivision on Cardinal Way Tom explained the encroachment problems on Cardinal Way to the NCC and explained that the limit of work markers were placed in the correct places prior to the original sale of the property, but have been moved since the property has been sold. Tom said that Lepine-Wzorek could submit as-builts to the NCC with the markers shown on the plan as they were originally placed. NCC voted to allow Lepine-Wzorek to submit the plans with the markers as they were placed. 6:54 Mike Cialek presented a Notice of Intent Notice of Intent filed for additions to a single- family home. Work will take place in the 100’ buffer of an intermittent stream. Project location is 1175 Westhampton Road, Map ID 41-27 and 29. Paul motioned to close hearing Wendy seconded All in favor Paul moved to standard orders 1-24 Wendy seconded All in favor 7:04 Justin Dionne presented the new site plan and easement Justin offered $3000.00 to the Conservation Fund to alleviate any problems with the downstream wetlands. He also provided a copy of an easement that will be permanently attached to the property deed and new site plan for acceptance by the Conservation Commission. Mason moved to accept the easement and the new site plan that Justin presented to the NCC Reuven seconded All in favor 7:15 Robert Obear presented the Request for Determination of Applicability to determine whether grading, loaming of the rear yard and paving of the driveway is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. Project location is 211 Westhampton Road, Map ID 36- Applicant stated that no more than 60 yards of loam would be brought to the site and that the expansion of driveway would be no larger than 15x25 beyond the existing house Motion to close by Paul Mason seconded All in favor Mason moved to issue a negative determination and to check box 3 with the NCC sedimentation control conditions Wendy seconded All in favor 7:30 Meeting with Lisa Depiano and Paige Bridges about the Montview Conservation Area Organic Farming Project Paige stated that a draft copy of the lease will be delivered to the Office and Planning and Development by November 3rd. The NCC will decide on lease on November 10th. 8:00 Mike Daust from Berkshire Gas presented about obtaining an Emergency Certification to protect an exposed gas pipe on Elm Street. Mike and Berkshire Gas committed to submitting a plan for a permanent solution by 01 May 2006 and the NCC allowed sandbags to be placed around the pipes at a distance no greater than 10” from the outside surface of the pipe Reuven moved to issue an Emergency Certification with the discussed conditions Wendy seconded All in favor 8:10 Meeting with Joel Dibrindisi Joel stated that his yard on Avis Circle has marks from horses crossing the easement held by the City of Northampton. Joel also stated that the Clark Street Brook area is being eroded by horse use The Conservation Commission advised Joel to contact the DPW on the Clark Street Brook issue and decided that they would take no action on the horses crossing the easement. The Conservation Commission offered to put in a stone path across the easement so that there would be no erosion and Joel declined the offer. 8:55 Steve Ferrari of Nonotuck Land Fund met with the NCC and explained the reasoning behind the development of the organization and their goals and strategies for the next year. 9:15 Staff was contacted by DPW and explained to NCC about a beaver issue at the Barrett Street Marsh. The NCC agreed that they would like to setup a site visit with DPW to see the beaver disturbance. 9:35 Staff presented pictures of the Willard site on Ryan Road. The NCC agreed that Mr. Willard had complied with the Enforcement Order and that the back side of the berms on the site should be further stabilized with jute netting. 9:37 The NCC authorized staff to issue an Enforcement Order for 195 Westhampton with a $100.00 fine because owner did not provide proper sediment controls and sediment is leaving the site and entering the downstream brook/wetland. 9:45 The new design for the outfall area at Hospital Hill was shown to the Conservation Commission. The NCC voted against the new design at Hospital Hill and asked staff to inform the project engineers to integrate the original design with the new design for a more comprehensive environmental approach. 9:53 The NCC voted to issue an Emergency Certificate for the Northampton Landfill to remove the small trees and clean up the sediment in the area adjacent to Hannum Brook. The Commission will discuss a restoration strategy for Hannum Brook in an upcoming meeting. 10:00 Meeting adjourned Northampton Conservation Commission Minutes for November 10, 2005 Members present: Paul Wetzel, Reuven Goldstein, Wendy Sweetser, Sue Carbin Staff Present: Bruce Young Paul Wetzel opened the meeting at 5:35 5:35 John Furman from VHB and Juanita Forsythe presented for the Cooley Dickenson Hospital. They intend on constructing a 7,422 square foot one-story wood chip burning facility adjacent to the three-story metal boiler building located on the south side of the property; a 2,098 square foot cooling plant adjacent to the multi-story brick boiler building located just north of the metal building; and an 813 square foot cooling tower adjacent to the existing cooling tower west of Hospital Road. Approximately 29,170 square feet of work is proposed to take place in the 100-foot Buffer Zone of a Bordering Vegetated Wetland. Approximately 8,776 square feet of work will occur within the 50- foot Buffer Zone of a Bordering Vegetated Wetland. Project location is 30 Locust Street, Map ID 23B-47. Heather Patterson-from VHB presented the site plans The NCC had questions on the amount of increased impervious surface on the site, the amount of stormwater runoff from the proposed site, the large grassy area located on the plan, and whether or not any of the areas on the plan could be for snow storage. The representatives decided that they were not yet ready to move forward with the current plans. Wendy motioned to continue meeting to December 08, 2005 at 6:00 Sue seconded All in favor 6:07 Jeff Squire of the Berkshire Design Group presented for Richard Korza of Ribevdi Ltd. Partnership. The applicant planned on constructing a 3000 square-foot single-family home, septic system and driveway on a slope within the 100-foot Buffer Zone of a Bordering Vegetated Wetland. Project Location is 15 Linseed Road, Map ID 03-18. The applicant offered to place a conservation restriction on approximately 2.7 acres of the backland. Sue moved to close hearing Wendy seconded All in favor Rueven said that he believes that this project will result in either immediate, or over time, as a consequence of daily operation and the existence of activities, adverse impacts from stormwater runoff, erosion, siltation, loss of groundwater recharge, poor water quality, vegetation change and harm to wildlife habitat. Reuven also stated that this proposal did not show ways to reduce potential erosion along the steep slopes within the buffer zone. Wendy moved to deny Rueven seconded All in favor 6:27 The Barrett Street Marsh beaver problem was discussed. Wendy moved to ask a beaver expert to assess the beaver situation at Barrett Street Marsh and report the cost of a solution to the Conservation Commission. Sue seconded All in favor 6:30 Albert Champagne presented an NOI for the relocation of a single-family house approximately 40 feet away from Westhampton Road, the relocation of a septic system, construction of a 12’x 16’ deck and the construction a 14’x 14’house addition. Work will take place in the 100-foot Buffer Zone of a Bordering Vegetated Wetland. Project Location is 1194 Westhampton Road, Map ID 41-17. Albert stated that the Route 66 construction will move Westhampton Road closer to his home. Sue moved to close Wendy seconded All in favor Sue moved to issue standard orders #1-24 Wendy seconded All in favor 6:40 The new outfall design for Hospital Hill was discussed. Wendy moved to accept the new Hospital Hill outfall design with a maintenance agreement. Sue seconded All in favor Wendy departed at 6:45 Mason Maronn arrived at 7:20 7:21 Paul opened the discussion for The Plantations at Cardinal Way Certificate of Compliance. Mason moved to issue Certificates of Compliance for the subdivision and the beaver deceiver Sue seconded All in favor 7:30 Paul opened discussion for the Montview Avenue Farming Project License/Agreement Paul commented on needing $300.00 for an escrow account from the licensees and to add Paragraph 1 add parcel ID # 7:45 John Allen-from Bates Street met with the NCC John expressed his concerns about the wet area on Bates Street and said that a wetlands application must be filed with Conservation Commission of landowner conducting work on Bates Street. The NCC ensured John that they will look at the site Sue moved to close the meeting Mason seconded All in favor Northampton Conservation Commission Minutes of Meeting January 13, 2005 The Northampton Conservation Commission held a meeting on Thursday, January 13, 2005, at 5:30 P.M., in Hearing Room 18, City Hall, 210 Main Street, Northampton, Massachusetts. Present were Members: John Body, Susan Carbin, Wendy Sweetser, Paul Wetzel, Reuven Goldstein and Matt Nowak. Associate Members: Kelly Phelan and Joanne Montgomery Staff: Conservation and Land Use Planner, Gloria McPherson, Planning Director, Wayne Feiden, and City Solicitor, Janet Sheppard. At 5:35 pm, Body noted a quorum and opened the hearing. Discussion with Janet Sheppard Sheppard explained the Andover case to the NCC. A discussion ensued about policies and performance standards. At 6:20 pm, Body began a discussion on changes to the wetlands application checklist. Feiden explained that the reason the OPD is proposing the change is that applicants now make their own abutters lists. He said that applicants will now use the DEP form that has not been updated to include Northampton requirements. Sweetser stated that she would like the form to specifically require vernal pools be noted on existing conditions plans. Body added that the form note that wildlife evaluation of vernal pools be timed to coincide with the time when vernal pool species are most likely to be present. Carbin moved new form with 2 changes mentioned above. Sweetser seconded. The motion passed unanimously. 1 Coles Meadow Road NOI At 6:35 pm, Body opened the public hearing. Feiden stated his name for the record. He said that if he can get a permit for this lot, the owner will give 7 acres of land to the City and bargain sell an additional 27 acres, abutting FLCA. Feiden stated that he is proposing a building envelope of 10.8% of the entire 50-100’ buffer zone on the property. Body asked what the impacts to the wetland could be by disturbing 10.8% of the 50-100’ buffer. Feiden stated that the land slopes up before it slopes down to the wetland, which provides some mitigation. They would use silt fences, too, so he would anticipate no alteration of the resource area. McPherson stated that the flat portion of the site has been previously disturbed. There were sheds and trash that were recently removed. Body opened the hearing to public comment. Norma Roche, BBC, spoke in favor of the project to add more land to FLCA. She showed the NCC a map of the potential new property in relation to FLCA. Hearing no further comment, Sweetser moved to close the hearing. Nowak seconded. The motion passed unanimously. The NCC discussed the OOC for the project. Wetzel moved to issue: Standard Orders 1-24 Erosion controls along 50’ buffer shall be the limit of work. Permanent markers spaced 20’, 1 foot above ground Deed restriction that the 50’ buffer is a permanent no-disturbance zone Nowak seconded. The motion passed unanimously. At 7:04 pm, Tom Miranda explained to the NCC that when Cardinal Way was laid out, the sewer easement did not fall within the R-O-W. It is located on land that was conveyed to the NCC. There is a potential problem if the City does not accept the street: the easement will belong to the homeowners association but would fall on City property. Montgomery asked if the plans were drawn this way, or if there was a deviation from the original plans, which would be a contractor error. 2 Miranda stated that he does not know. He said he just wanted to update the NCC that this may be a problem if the City does not accept the street. Wetzel posed the possibility of the NCC selling the land back to the homeowners association. The NCC discussed this and thought that it may be a good idea. The NCC recognized that the process would be slowed by needing to get approval of the legislature, but liked the idea that proceeds from the sale could be used for land acquisition by the NCC. McPherson reported that the FAA has requested that the Northampton Airport remove certain trees that pose a safety hazard for aircraft. Nowak moved to issue an emergency certification to the airport to remove trees. Sweetser seconded. The motion passed unanimously. McPherson told the NCC about a site visit she and Body made, where Bill Willard, Inc. was placing significant quantities of fill to within 10-15’ of a perennial stream off of Ryan Road. A concerned citizen showed a videotape taken of the violation in progress and included footage of sediment flowing within a few feet of a perennial stream. The NCC discussed issuing an EO and a fine. Goldstein moved to issue an EO: Cease and desist Stabilization of dirt pile and erosion controls by Jan 21 along stream Remediation plan for Riverfront Area by a wetland scientist submitted to the NCC for approval no later than Feb 10. Report to the meeting on Feb 10 @ 5:30pm with the wetland scientist and plan. NCC can issue fines of $100 per day ever day of the violation from the date of the EO. Carbin seconded. The motion passed unanimously. At 7:45 pm, Terry Blunt addressed the NCC on land preservation strategies for Northampton. Montgomery had approached him about helping the NCC explore some ways to go about preserving land in the City. Blunt suggested having a Conservation Fund for the City, which might make people more willing to contribute if they know it is going directly to the purchase of land. Blunt discussed some of the things Pete Westover had done for the Town of Amherst and how he used the VLF and Kestral Trust. He stated that the NCC should define some goals, and asked about the Open Space Plan. 3 Wetzel stated that he would like to be more proactive and used the example of the hillside next to JFK as a property that would have been nice to acquire. Body said that he and a number of people have been talking about creating a Northampton Community Land Fund. This would be another access point for people to come to if they are thinking about preserving their land. Wetzel suggested not getting a consultant yet, but actually doing a project and using that success. Montgomery stated that she believes you need a certain expertise to approach people about donating their land, and this could be learned from a consultant. Body stated that there is a parcel on Sawmill Hills that he is interested in and asked the NCC if they would be willing to use some of the money at the VLF to hire Pete and Terry to speak to the owner. Sweetser asked Blunt what their fees are. Blunt stated that they haven’t decided yet, but they were thinking on the order of $50 per hour, but they could put together a package price for a specific project the NCC had in mind. He asked McPherson if that would be stepping on anyone’s toes in the City. McPherson stated that it is her charge from Wayne for the New Year to begin an active program of land acquisition in the Sawmill Hills, so no toes would be squashed. Blunt stated they could make the initial contacts and then report back to the NCC to determine the next steps. Wetzel asked if $500 would be a reasonable amount to start. Blunt said yes. Wetzel moved that the NCC spend $500 from money held by the VLF to hire Blunt and Westover to contact property owners and investigate the possibility of acquiring land in Saw Mill Hills. Carbin seconded. The motion passed unanimously. Blunt asked for a letter from the NCC describing the parcels and what the Commission wants done, and he and Pete would put together a proposal. The NCC thanked Blunt for coming in. 4 At 8:30 pm the NCC discussed minutes. Sweetser requested a change on page 6 of the December 9 minutes. Carbin moved to accept the minutes of December 9, 2004 with the change discussed. Wetzel seconded. The motion passed unanimously. Wetzel moved to accept the minutes of December 16, 2004 as written. Carbin seconded. The motion passed unanimously. McPherson updated the NCC on the Fairgrounds and 2 catch basins that were installed to try to resolve the drainage issues on the Bobala’s farmland. Goldstein moved to write to the Fairgrounds to come to the next meeting and explain the 2 catch basins installed in a resource area without a Conservation Commission permit. Carbin seconded. The motion passed unanimously. Body stated that NCC elections for chair and vice chair should have happened today, but since Maronn wasn’t here, they should hold them at the next meeting. There was general agreement amongst Commissioners. At 8:50 pm, Carbin moved to close the hearing and adjourn for cake and coffee in honor of McPherson’s last day working for the Commission. Sweetser seconded. The motion passed unanimously. Respectfully submitted (for the last time), Gloria McPherson 5