44-100 Rocky Hill Rd Determination of Applicability MWPAForm 1
DEOE File No. 24ti-
(To be prow �bYOEQEJ
City/Town _-No LLbAM on
Applicant
kcY
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
1. I, the undersigned, hereby request that the Northam ton
Conservation Commission make a determination as to whether the area, described below, or wok to be
performed on said area, also described below, is subject to the jurisdiction of the Wetlands protection
Act, G.L. c. 131, §40.
2. The area is described as follows. (Use maps or plans, if necessary, to provide a description and the
location of the area subject to this request.)
The Zielinsky Property on Rocky Hill Rd ( RT 66)
South edMe of Rt 66 or 'pocky Hill 'fid Lot -'� 5 to 14 east of Florence )fid
3. The work in said arca is described below. (Use additional paper, if necessary, to describe the
proposed work.)
to install Septic Tanks etc on lots above
4. The owner(s) of the area, . 11'ie person making this request, has been given written notification of tf:is
request on A u,-ust 15 1983 (date)
The names) and addr(,._,es) of the owner(s): _
r�!r 7ielinski 213 Shoemaker Lane A�axam Fa 01001
Mailed
5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts
Department of Environmental Quality Engineering on august 15 1983 (date)
Northeast
323 New Boston Street
Woburn, MA 01801
Central
75 Grove Street
Worcester, MA 01605
Southeast
Lakeville Hospital
Lakeville, MA 02346
Western
Public Health Center
University of Massachusetts
Amherst. MA 01003
6. 1 understand that notific-9tion of this request will be placed in a local newspaper at my expense in accor-
dance with Section 10.05(3) (b) 1 of the regulations by the Conservation Commission and that I will be
billed accordingly.
i`1
Signature Vt--Y .C- 6UIIJ-
Address 9
S
1-2
Name w r, ct '�4 s &f W
G" % 11-') fc U"
Tel._ �'`�°� _ G 3
Form 2
`°\ oEOE Ffb No. 246 -
(To to proud by OEM)
lTCommonwealth
1- of Massachusetts CAY/TownNortth==ntgn
APPhcaM Hunt
Determination of Applicability
Massachusetts Wetlands Protectlon Act, G.L. c. 131, §40
From the o
Issuing Authority
Tonna A Hunt
(Name of person making request)
348 Rocky Hill Rd.
Address Northampton MA 01060
This determination is issued snd delivered as follows:
O by hand delivery to person making request on
John & Mitchell Zielinski
(Name of property owner).
218 Shoemaker Lane
Address Agawam, MA
lJ by certified mail, return receipt requested on_Sentemher 12 1983 (date)
(date)
Pursuant to the authoritypf G.L. c. 131, §40, the Conservation Commi sion
has considered your request for a Determination of Applicability and its supporting documentation. and has
made the following determination (check whichever is applicable):
This Determination is positive:
1. O The area described below, which includes all/part of the area described in your request, is an Area
Subject to Protc.;tion Under the Act. Therefore, any removing, filling, dredging or altering of that
area requires the filing of a Notice of Intent.
2 Ll T he work described below, which includes all/ of the
within
an Area Subject to Protection Under the Act and will remover file edge or al erscribed inrthat area.request,'There-
fore, said work requires the filing of a Notice of Intent.
2-1
3. O The work described below, which includes all/ of the work
the Buffer Zone as defined in the regulations. �N,i � alter � �� abed � y� fegwit. is within
g Subject to Protection UndW
the Act. Therefore, said work requires the filing of a Notice of Intent.
This Determination is negative.
1. ® The area described in your request is not an Area Subject to Protection Under the Act.
2. D The work described in your request is within an Area Subject to Protection Under
not remove, fill, dredge, or alter that area. Thereforesaid work the Act, but win
,
Notice of Intent. does not require the filing of a
3. O The work described in your request is within the Buffer Zone, as defined in the re
not alter an Area Subject to Protection Under the Act. Therefore, said work gut req r but w1U
filing of a Notice of Intent. does not require the
4. D The area described in your request is Subject to Protection Under the Act, but since the work
described therein meets the requirements for the following exemption,as specified in the Act and
the regulations; no Notice of Intent is required:
Issued by the Northamntnn
Signature(s)
0
This Determination must be signed by a majority of the Conservation Commission.
On this yI
day
personally appeared_ _Z+� I f
Commission
before me
, to me known to be the
Person described in, and who executed, th foregoing instrument, and acknowledged that he/she executed
I same as his/her fre act and deed.
"ary Public
My commissionex i es
This Determmat on does not relieve the applicant from complying with all other applicable federal, state or local statules, ord'trances,
bylaws or regulations. This Determination shall be valid for three years form the date of issuance.
The applicant, the owner any person aggrieved by his Determination, an
work is to be done, or any len residents of the u Y owner of land abutting the land upon which the
Derailment of done,
Environmental fen
residents
ti or town �n which such land is located, are hereby notified of their right 10 Pr d
request the
by certified mail or hand delivery to the Depanm Engineering t w th w 10 ithin Superseding ng aDetermination
date f issuance
of Applihis De , providing the request is made
shall at the same time be sent by cerlified mad or hand delivery to the Conservation f Commission t ndDthe eapplicant. anon A co
PY of the request
2-2A
CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT
MEMORANDUM
TO: Northampton Board of Health
FROM: Lawrence B. Smith, Planner, on behalf of the Northampton Conservation Commission
SUBJECT: Zielinski Rocky Hill Rd./Determination of Applicability
DATE: September 13, 1983
FILE
At their meeting on August 29, 1983 the Northampton Conservation
Commission reviewed the Request For A Determination Of Applicability under the
Massachusetts Wetlands Protection Act, M.G.L. Chapter 131, Section 40 filed by
Anna Hunt (348 Rocky Hill Road) regarding the location of numerous septic systems
for lots #5-14 on land owned by John and Mitchell Zielinski at the intersection of
Florence Street and Rocky Hill Road (Rte 66).
After inspecting the site earlier in the day, and discussing the matter
with Mrs. Hunt (and numerous neighbors) and the engineer (G. Swanson) representing
the Zielinski brothers, .the Conservation Commission voted unanimously that the on-
site septic systems were all situated beyond the 50 foot setback required by M.G.L.
131/40 and thus the area is not subject to protection under the Wetlands Protection
Act.
However, the Conservation Commission wants to make it clear that
in no way should this Negative Determination of Applicability be construed as
an endorsement by the Conservation Commission of this plan and asks that the Board
of Health look carefully at all the impacts and alternatives with regards to the
granting of the requested Variance.
BOARD OF HEALTH
JOHN T. JOYCE, Chairman
PETER C. KENNY, M.D.
PETER J. McERLAIN, Health Agent
CITY OF NORTHAMPTON
John and Mitchell Zielinski
218 Shoemaker Lane
Agawam, MA 01001
Gentlemen:
MASSACHUSETTS
OFFICE OF THE
BOARD OF HEALTH
September 14, 1983
Re: Title 5 Variance Request
710 MAIN STREET
01060
(413) 586-6950 Ext. 713
0[PD'
Please be advised that on September 13, 1983, the Northampton Board of Health
voted to deny your request for a variance of Section 15.03 of Title 5, 310 CMR
15.00 of the State Environmental Code, for property owned by you at the inter-
section of Florence Road and Rocky Hill Road, Northampton.
In denying your variance the Board of Health members expressed doubts about
the degree of environmental protection that could be achieved if the permeability
test results were accepted as the basis for determing the suitability of the
property in questiod:for construction of subsurface sewage disposal systems.
If you have any questions regarding this decision, please do not hesitate to con-
tact the Board of Health Office.
The Board of Health appreciates the cooperation you have shown during the consid-
eration of this matter.
Very truly yours,
Peter J. McErlain
Health Agent
PJMc:mr
cc: Gary Swanson, P.E.
DEQE Attention: R.J. Dupuis
Northampton Conservation Commission
August 16, 1983
The monthly meeting of the Boar lth was held on this date in the City
Council Chambers, Municipal Building, 212 Mai Street.
The meeting was called to order by Chairman Joyce at 7:35 p.m.
Present were: Chairman John T. Joyce, Dr. Peter Kenny, Michael Parsons, Health
Agent Peter J. McErlain, representatives of the Zielinski Bros. of Agawam, the
media and the general public.
The following is a synopsis of the meeting, a tape recording of the entire
proceedings are on file in the Board of Health Office.
The first item on the Agenda was a hearing on a request from John & Mitchell
Zielinski, 218 Shoemaker Lane, Agawam, MA for a variance of Section 15.03 (6)
of 310 CMR 15.00 which would allow for the construction of subsurface sewage
disposal systems on land on the southeast corner of Rocky Hill Road (Route 66)
and Florence Road. The variance, specifically, would allow permeability test
results to serve, in lieu of percolation test results, as evidence of the suit-
ability of the soil on the lots in question for the construction of septic
systems.
Speaking on behalf othe Zielinski Bros., in fa or of the variance was Gary R.
Swanson P.E. of Southamp
Mr. Swanson outlined the reason for the variance request:
- inability to perform "normal" percolation
tests on the lots in question because of
high ground water.
He explained that a permeability test had been devised which would provide an
indication of the soil's ability to support septic systems. The test results
indicated that of the fourteen (14) proposed building lots on the parcel, four
(4) contained "normal" soil in full compliance with Title 5, one (1) lot was
unsuitable for sewage disposal, portions of four (4) other lots were unsuitable.
and the five (5) remaining lots would be suitable for construction of sewage
disposal systems with the granting of the proposed variance.
Chairman Joyce expressed concern that the underlying impervious soil would caust,
sewage to seep out of the fill embankment.
Mr. Swanson said that the placement of additional fill as shown on the plan
would prevent this seepage from occurring.
Mike Parsons asked if there was currently any ground water breaking out on the
lot.
Mr. Swanson pointed out a drainage area which is wet year round.
Mike Parsons asked about DEQE's recommendation to prohibit foundation drains on
the proposed lots.
Mr. Swanson said that he agreed with this stipulation since the drains would
short circuit the normal filtration process.
The following individuals spoke against the issuance of the variance: City
Councillor James Brooks, Anna Hunt, Napoleon Grise, Gail Creighton, Carl Garlo,
and Mr. Muise.
Councillor Brooks informed the Board that the Northampton Conservation Commissac�
had scheduled a meeting to consider a request for determination of applicability
of Wetlands Regulations for August 29, 1983 at 7:45 p.m. in the City Council
Chambers.
Mr. Brooks requested that the Board delay action on the variance until after the
wetlands question had been addressed.
Mrs. Hunt said that the center of the property was swampy year round.
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Mrs. Creighton said that she has had water in her cellar because of the fill
already in place.
Next, former Plumbing and Sewage Inspector Robert Langdon gave a brief history
of the property and urged the Board to carefully consider this problem granting
the variance.
City Councillor Louise Bart asked that the Board delay its decision until after th,
Conservation Commission held its meeting.
Following further discussion, the BOARD VOTED to take the request for a variance
of Section 15.03 of Title 5 under advisement for action at the next meeting.
Next, Mr. Charles Baranowski presented a request on behalf of the Great Trails
Boy Scout Council for permission to construct temporary pit privies on Elwell's
Island in conjunction with a Scout Camporee proposed for October 14, 15, and 16,
1983. Approximately 400 scouts would take part in the event.
Health Agent McErlain explained that under provisions of Title 5, Boards of Health
can grant permits for construction. He, also, informed the Board that DEAL had
no objection to temporary privies.
Mr. Baranowski explained that because of the island location placement of portable
toilets was impossible and therefore privies would have to be provided.
Mr. Joyce suggested that the Army Field Manual be used as a guide for construction
After some further discussion, the BOARD VOTED to approve the request, contingent
upon approval of the plan for the design location and closing of the privies and
subject to the Conservation Commission granting permission for the use of vile
island.
Mr. Baranowski agreed to submit a plan of operation to the Board for approval.
The Health Agent then presented a report on illegal swimming in the City Reservoirs
in Williamsburg and West Whately. He explained that in response to a complaint
by Dr. George Hayes referred by Dr. Kenny, he had toured the reservoirs with
Acting BPW Director Peter McNulty and verified the seriousness of the problem.
Because large portions of both reservoirs are readily accessible from public
roadways and because of the isolated location and the difficulty in monitoring
the reservoirs, many people have been swimming in the Northampton Water Supply
on a regular basis, thus threatening the bacterial quality of the water.
In addition, 4 -wheel -drive vehicles have been driven into the Water Shed. This
represents another potential hazard as a motor vehicle accident could result in
a spill of automotive chemicals (gasoline, oil, antifreeze).
The Health Agent suggested that increased patrols, better signage and fencing
would greatly reduce this problem.
Councillor Brooks stated that armed guards patrolling at regular intervals,
arresting and prosecuting violators will be best measures which can be taken at
this time.
Mr. Joyce asked how the Board of Health could assist in correcting this problem?
Mr. McErlain said that the BPW is seeking Board of Health support for an emergency
appropriation to cover corrective action.
The BOARD OF HEALTH THEN VOTED to send a letter to the BPW which expresses concern
the trespassing on Water Shed property and the resulting threat to the quality of
our water supply. The letter would also request that immediate counter mea.„res
be taken and would support the appropriation of funds necessary to carry out those
measures.
Next, the Board considered a proposal by the Health Agent for the Board of iealtli
to sponsor a household Hazardous Waste Collection Program. Mr. McErlain explained
that the office receives many inquiries about how to safely dispose of th(nisoilold
pesticides, cleaning compounds, paints, solvents, etc. and because those material,
are technically banned from the landfill there is no readily avriilai>1 mean, of
disposal. lie submitted a description of how such a collection pro�-Ilraw might work.
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After a brief discussion, the Board instructed the Agent to contact various
civic groups to determine their interest in working with the Board of Health
in sponsoring such a program and to obtain some price quotes, if available,
and to report back at the next meeting.
Then the Health Agent brought the Board up-to-date on matters relating to the
landfill as follows:
The City Council had approved an increase
in refuse disposal fees to $.50/cu.yd. of
loose refuse and $2.50/cu.yd. compacted
refuse, effective October 1, 1983.
The DEQE had approved the design for the
Methane Gas Venting System proposed for
southwestern landfill border.
- The court case concerning the disposal
Of out -of -city refuse by Calduwood
Enterprises, Inc. had not yet been sub-
mitted to the State Supreme Court as the
City Solicitor and Calduwood's attorney
had not completed work on their briefs.
The BOARD VOTED to request City Solicitor Maureen Ryan to attend the next Board
of Health meeting to discuss the Calduwood Case or submit a written update on
the case prior to that meeting.
Councillor Brooks suggested that some additional fencing material be purchased
so that the landfill operator could repair the existing fence.
The Health Agent informed the Board that 1,740 doses of Trivalent Influenza
Vaccine had been ordered for use in the City Clinics, nursing homes, and by
private physicians. The vaccine which is being provided free by the State
Department of Public Health is only available as whole vaccine.
Finally, Dr. Kenny suggested that information concerning items on the meeting
agends be made available prior to the meeting so that it could be reviewed.
Mr. Joyce and Mike Parsons supported Dr. Kenny's suggestion.
The Health Agent said that he would try to get information to the Board members
by the Friday prior to each meeting.
The BOARD VOTED to approve the attached list of permits and licenses.
The Board agreed to meet again on Tuesday, September 13, 1983 at 7:30 p.m. in
the City Council Chambers.
There being no further business, the meeting was adjourned at 9:55 p.m.
Respectfully submitted by,
(�
Peter J. McErlain
Health Agent