TR-2011-22 CONSERV. RESTRICTIONS WMECO - MASS AUDUBON SOC IWA)
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Page I of 2
barbara bard
From: lukehdb@nu.com
Sent: Thursday, October 27, 2011 1:08 PIVI
To: barbara bard
Subject: RE Agawam City Council request
Sorry -my helper is still out.
this is what I was able to get.
Fedex Acct.#006108660
To:
David Lukehart
Northeast Utilities
107 Selden Street- (NUE-2)
Berlin, CT 06037
(860)665-5318 (Office)
Thanks p[ckL)p--4'-qr-1%
31
From.* barbara bard<88ard@agawam-ma.us-,-
TO: DwAd 8.Lukehart III/NUS@NU
Date: 10127/201101:00 PM
subject: RE.Agawam City Council request
Hi - I just wanted to let you know that I leave by 2:30 and I would have to schedule a FedEx pickup. I
believe you said you wanted to get it by tomorrow so I wanted to make sure we make that happen. Thank
you�
Barbara A.Bard
Administrative Assistant to the City Council
36 Main Street
Agawam, MA. 0 100 1
(413)786-040,0 x2333
10127/2011
APPROVAL OF CITY COUNCIL
1, the undersigned, being of the City Council of the
Towa, o -Agawam, hereby certify that at a public meeting duly held on
I 20_LL the City Council voted to approve the foregoing
Conse4ation Restriction to Massachusetts Audubon Society, Inc. pursuant to Section 32 of
Chapter 184 of the General Laws of Massachusetts.
Dated: 0t-fC)bQ(A), 20jj
of the City Council of the
Town of Agawam
COMMONWEALTH OF MASSACHUSETTS
ss.
COUNTY OF 4V*&C&
46day of OobbLE 20 before me tile ridersigned officer, personally
On this the above named
ared the fl V—C—LL- the
1 . -ummd
:7usidu,T _ -,- of the City Council of the Town of Agawam, and proved
to me through satisfactory evidence of identification, to be the person whose name is signed
above, and acknowledged to me that he/she signed it voluntarily, as such official, for its stated
purpose.
Notary Public
My Commission Expires, 1 Ci V's-
JW1781223J9) 19
APPROVAL OF MAYOR
1, the undersigned, being the Mayor of the Town of Agawam, hereby certify that the
foregoing Conservation Restriction to Massachusetts Audubon Society, Inc. has been approved
by the Town of Agawam pursuant to Section 32 of Chapter 184 of the General Laws of
Massachusetts. 0
Dated: 20_L/
ki,ch a�d' A Cp)ur�,
Mayor of the Town of Agawam
COMMONWEALTH OF MASSACHUSETTS
ss.
COUNTY OF
On this the qtay of OWD, 20 t I , before mc, the undersigned officer, personally
the Mayor of the, Town of Agawam,
'd
appeared the above named
and proved to me through satisfactory evidence of identification, to be the person whose name
is signed above, and acknowledged to me that he/she signed it voluntarily, as such official, for
its stated purpose.
Notary Public
My Commission Expires: II/sq/ 05
(W]791223,.191 20
APPROVAL OF CITY COUNCIL
r\
1, the undersigned, being of the City Council of the
Town ftof Aa wa hereby certify that at a public meeting duly held on
20 11 , the City Council voted to approve the foregoing
Eonservaltion Restriction to Massachusetts Audubon Society, Inc. pursuant to Section 32
of Chapter 184 of the General Laws of Massachusetts.
Dated: 20
LL&of the City Council of the
Town of Agawam
COMMONWEALTH OF MASSACHUSETTS
) ss.
COUNTY OF4mpim
day of 2011 , before h officer,
On this the atj�� me , e undersived
er nally ea d the above named 16 ') the
per jfp 'a I U ,-
—9 1 A'0.� 1) of tre City Council of the Town of Agawam, and
proved to me through satisfactory evidence of identification, to be the person whose
name is signed above, and acknowledged to me that he/she signed it voluntarily, as such
official, for its stated purpose.
Notary Public
My Commission Expires: I
I W 1 780055�20) 27
APPROVAL OF MAYOR
1, the undersigned, being the Mayor of the Town of Agawam, hereby certify that
the foregoing Conservation Restriction to Massachusetts Audubon Society, Inc. has been
approved by the Town of Agawam pursuant to Section 32 of Chapter 184 of the General
Laws of Massachusetts.
Dated: 2 0_jL_
�t,C 1A rr-�
a-yor of the Town of Agawam
COMMONWEALT14 OF MASSACHUSET7rS
ss.
COUNTY OF
On this the it day of OM kX 20 11 , before me, the undersigned officer,
personally appeared the above named #4 - fthAi the Mayor of the
Town of Agawam,and proved to me through satisfactory evidence of identification, to be
the person whose name is signed above, and acknowledged to me that he/she signed it
voluntarily, as such official, for its stated purpose.
Aaityl K /I 0,)A h
Jj_-U IA-/f
61)+W-0- A-. barA
Notary Public
My Cdmmisslon Expires: I I/I /IT
W 170655,20) 28
TR-2011-_Al) 4111111
A-RESOLUTION AUTHORIZING CONSERVATION RESTRICTIONS
WMECO to Massachusetts Audubon Society,Inc.
Sponsored by: Councilor Jill Messick
WHEREAS,WMECO,as Part of its Greater Springfield Reliability Project, proposes to
grant to Massachusetts Audubon Society,Inc.,pursuant to Section 32 of Chapter 184 of the
General Laws of Massachusetts, Conservation Restrictions on certain parcels of land in
Agawam,described in the attached Conservation Restriction documents; and
WHEREAS,such Restrictions are required by permits granted to WMECO by MA Dept. of
Environmental Protection,US Army Corps.of Engineers,and the Conservation
Commissions of Agawam,Ludlow and Chicopee; and
WHEREAS,said permits require compliance the Massachusetts Endangered Species Act
(M.G.L. c.131A)and the Massachusetts Wetlands Protection act,with the intent to mitigate
damages to wetlands and rare species habitat during the construction phase of the project;
and
WHEREAS,it is in Agawam's best interests that these parcels be maintained in perpetuity
and for conservation purposes,predominantly in a natural,scenic and undeveloped
condition,and to prevent any use or change that would materially impair or interfere with
their conservation and preservation values; and
WI-11EREAS,the Agawam City Council has authority pursuant to Section 32 of Chapter 184
to approve such restrictions;
NOW THER.EFORE,be it resolved by the City Council of the City of Agawam that it
approves the foregoing Conservation Restrilctions to Massachusetts Audubon Society, Inc.,
pursuant to Section 32 of Chapter 184 of the General Laws of Massachusetts.
Dated this day of 2011.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald NrRhe ult,Pie-sident,Agawam City Council
e u""rr
Pift VED �S LTTO FORM AND LEGALITY
Vincent Gi—oscia, City Solicitor
10*4 15"N
-4
MAYORAL ACTION
Received this day of 2011 firom Council Clerk.
Signed by Council President this day of 2011.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agaw i harter, as
amended, I hereby approve the passage of the above legislation on this day of
2011.
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended,I hereby veto the passage of the above legislation on this day of
2011 for the following reason(s):
Richard A. Cohen,Mayor
RETURN OF LEGISLATION TO COUNCU, CLERK
Returned to Council Clerk this day of ' 2011.
Memo
March 2011
NIP
C=
TO: Agawam City Council
LN=
FROM: Western Massachusetts Electric Company ("WMECo")
DO
SUBJECT: Approval of Conservation Restrictions on Properties of Western nK
Massachusetts Electric Company in Agawam, Massachusetts to Satis >C�
Permit Requirements for the Greater Springfield Reliability Project -a
r]
the Agawam to West Springfield Clrcw,t Separation Project
WMECo requests that the City Council approve two permanent Conservation
Restrictions to be granted to the Massachusetts Audubon Society, Inc. on two different
properties in Agawam, Massachusetts owned by Western Massachusetts Electric
Company ("WMECO") to satisfy permitting requirements for the Greater Springfield
Reliability Project ("GSRP") and the Agawam to West Springfield Circuit Separation
Project ("AWS"). The two Conservation Restrictions are attached to this memo as
Attachment I and Attachment 2.
Massachusetts General Laws Chapter 184, sections 31-33 (often known as the
Conservation Restriction statute) require that Conservation Restrictions conveyed to non-
profit organizations be approved by the City Council, the Mayor, and the Secretary of the
Massachusetts Executive Office of Energy and Environmental Affairs.
One property, known as the "former Boglisch Farm Property," is an
approximately 30-acre portion of a I 10-acre parcel acquired by WMECO in 2009 to
enable it to perform a wetlands Creation and enhancement project there, in order to satisfy
wetlands mitigation requirements for GSRP and AWS. WMECo is required to mitigate
for permanent and unavoidable impacts to wetlands as a condition of the pen-nits received
for the projects from the U.S. Army Corps of Engineers ("the Corps"),the Massachusetts
Department of Environmental Protection ("DEP"), and the local Agawam Conservation
Commission ("Con Comm"). The Conservation Restriction on that property is a permit
condition of the Corps and DEP.
The second property, known as the "South Agawam Site," to be made subject to a
separate Conservation Restriction for purposes of wildlife habitat protection in
connection with GSRP pennitting requirements, consists of two parcels, one of 25 acres
and the other of approximately 9.88 acres, lying south of Silver Street in Agawam, being
I
portions of parcels acquired by WMECO from 1966 through 1970. WMECo is required
to mitigate for permanent and unavoidable impacts to the protected habitat of the Eastern
Box Turtle and the Eastern Wormsnake as a condition in its Conservation and
Management Permit issued by the Massachusetts Natural Heritage and Endangered
Species Protection ("NHESP") program. The Conservation Restriction on that property
is a permit condition.
Maps showing the two Conservation Restriction properties are included in Exhibit
A and Exhibit B respectively(attached).
BRIEF SUMMARY OF THE PROPOSED CONSERVATION RESTRICTIONS
The proposed Conservation Restrictions:
• Grant authority to monitor and enforce the restrictions to the
Massachusetts Audubon Society, Inc. as"Grantee."
* Mitigate for impacts of GSRP, a 39-mile project in Connecticut and
Massachusetts designed to improve the region's electric transmission grid.
The project, which was approved in Massachusetts by the Massachusetts
Department of Public Utilities in October 2010, spans five municipalities
in Massachusetts — Agawam, Chicopee, Ludlow, Springfield and West
Springfield.
• Mitigate for impacts of AWS, a project designed to re-construct two (2)
existing overhead 115-kV transmission circuits (1311 and 1412) now
sharing a common line of double-circuit line (DCL) structures on
individual towers along a 2.5-mile-long existing right-of-way (ROW)
between the Agawam Substation in Agawam and the West Springfield
Substation in West Springfield. The Project was approved by the
Massachusetts Department of Public Utilities on March 19, 2010.
* In both cases WMECO solicited input from the relevant agencies
exercising jurisdiction and the Grantee of the restrictions, Massachusetts
Audubon Society, Inc., and incorporated their suggestions in the draft
restrictions. In each instance, WMECO is obliged to follow forms that are
typically used and approved by the agencies involved.
* The portion of the former Boglisch Tree Farm property that will be subject
to the Conservation Restriction is to be devoted to conservation purposes,
to preserve the wetlands creation and enhancement to be performed there.
In the case of the property off of Silver Street at the South Agawam Site
for preservation of the box turtle and wormsnake habitat, part of which is
already crossing by electric transmission facilities, rights for existing and
future transmission and distribution utility use are being reserved over
portions of the property where it is deemed necessary or advisable.
2
^
a
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r
^
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'
'
-
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,
�
Proposed Forested F140
VVelland Creation
Area: 1.2 AC(Agawam to w
is,
� posed Forested
t,)tland Creation
I Area:5.0 AC[GSRPI -
LLLimit of Conservation 4
i
Restriction(30 so) r
%
sed Forested
'0 C C[0j
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Nx
VJ 44
9-41
A
41
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�Aktland Creation
(0.2 AC)[GSRP)
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Page I of 4
barbara bard
From: lukehdb@nu.com
Sent: Wednesday, October 26, 2011 12,31 PM
To: barbara bard
Subject: RE: Agawam City Council request
Barbara:
Yes, we need two copies of each signed by the Mayor and Council President, for four total. We are
creating two complete copies of each so it makes for a lot of notarizing -Sony.
I can come up and pick them up if you like or I can provide you with a fedex shipping number so you don't
have to pay the postage.
Either way, please let me know. Lastly, if its not too much of a bother, could you please write down the
names of the witnesses on a stickie or note pad? We have to go back in and type the names under the
lines and it's usually hard to read the signatures.
Thanks,
David Lukehart
Transmission Siting & Permitting
Northeast Utilities Service Company
(860)665-5318 (Office)
(860)665-6933(Fax)
lukehdb@nu.com
From: harbara bard<8aard@a9awam.ma,us>
To: David B.Lukehan IIVNUS@NU
Date: 10/2612011 11:10 AM
Subject: RE:Agawam City Council request
Hi,
I am just waiting for the Council President to stop in and sign the document. Could you please tell me
what the difference between the two attachments is from your previous email? One says pages 27 and
28 and the other pages 19 and 20 but they both took similar. Does it matter which I have signed and
notarized?
Barbaim A.Bard
Administrative Assistant to the City Council
10/26/2011
Page 2 of 4
16 Main Street
Agawam.MA. 0 100 1
(413)786-0400 x233
(413)786-9927 f&x
bbard@agawain.1na,us
From: lukehdb@nu.com [ma
i1todukeMbLnu.com
J
Sent: Wednesday, October 26, 201111:08 AM
To: barbara bard
Subject: RE: Agawam City Council request
Barbara:
Anything I can do to help? Just an update on my end- I now have Audubon's signature as Grantee. I can bring
the executed versions up there today if you need them.
Thanks,
David
David Lukehart
Transmission Siting& Permitting
Northeast Utilities Service Company
(860)665-5318 (Office)
(860) 665-6933 (Fax)
lukehdb@nu.com
From: barbara b":-�88ard@agawam,ma.us>
To: David S.Lukehatt IIVNUS@NU
DaW 101241201109:22 PM
Subject: RE:Agawam City Council request
Hi. I will print out the forms and check with the Council President and Mayor and see if I can just get them signed myself. I
myself. I will let you know tomorrow, Thanks!
Barbara A. Bard
Administrative Assistant
10/26/2011
Page 3 of 4
to(he Agawarn City Council
36 Main Street
A gawarn,M A� 0 100 1
(4 1 3))786-0400 x23 3
btffd Qoaglwa
Fromi: lukehdb@nu.com [IukehdbCa)nu.com1
Sent: Monday, October 24, 20119:33 AM
To: barbara bard
Subject: Re: Agawam City Council request
Barbara-
Thanks for providing the attached resolution.
We are now ready with final versions to be executed by all parties and I wanted to inquire as to the logistics to get
the two conservation restrictions signed by the town. We have the WMECo and NU signatures and I will have MA
Audubon's signatures endorsing the documents today. Can I bring them up to Agawam to either get them signed
or to drop them off?
Attached below is just a copy of what we will need signed and notarized. Two signatures will be needed, one
from a representative of the Town Council and one from the Mayor. Let me know how I can help facilitate the
signatures.
We are slightly under the gun in the sense that the State DEP permits require all endorsements and recording be
completed by November 15 and the completed documents still need to go to the Executive Office of
Environmental Affairs.
I really appreciate your assistance,in all this.
Thanks and either email me or call with any questions.
David
David Lukehart
Transmission Siting & Permitting
Northeast Utilities Service Company
(860)665-5318(Office)
(860)665-6933(Fax)
lukehdb@nu.com
barbara bard<BBard@a9awamrna.us> TO David B.Lukehart III/NUSQNU
cc 1
09/2212011 02M PM Subject Agawam City Council request
10/2,6/2011
Page 4 of 4
Hi Mr. Lukehart- Attached please find the signed resolution authorizing conservation restrictions(TR-2011-22)
WMECO to Massachusetts Audubon Society, Inc, If you need more information, please do not hesitate to contact
me.
Make it a great day!
iq0t&W
Barbara A. Bard
Administrative Assistant to t1te Citv,Council
36 Main Street
Agaw-Am,MA, 01001
(413)786-0400 x233
(413)789-"27 fax
bbard@agawarn.ma.us
Confidentiality Statement
This Agawam City Council electronic message along with any corresponding attachments may contain privileged
or confidential information.This information is for the use of the intended reciplent(s)only. Any disclosure,
copying, distribution, or use of the contents of this message in any manner is strictly prohibited by anyone other
than the intended recipient(s). If you have received this e-mail in error, please contact the City Council Office
immediately at 1-413-786-0400 x233 and delete all copies from your network.
Thank you,
Disclaimer added by CodeTwo Exchange Rules
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This e-mail,including any files or
transmitted with it,is confidential and/or proprietary and is intended for a specific purpose and for use only by the individual
individual or entity to whom it is addressed.Any disclosure,copying or distribution of this e-mail or the taking of any action
any action based on its contents,other than for its intended-purpose,is strictly prohibited. If you have received this e-mail in
e-mail in error,please notify the sender immediately and delete it from your system.Any views or opinions expressed in this
in this e-mail are not necessarily those of Northeast Utilities, its subsidiaries and affiliates(NU). E-mail transmission cannot
cannot be guaranteed to be error-free or secure or free from viruses,and NU disclaims all liability for any resulting damage,
damage,errors,or omissions.
This e-mail,
including any files or attachments transmitted with it, is confidential and/or proprietary and is intended
for a specific purpose and for use only by the individual or entity to whom it is addressed. Any
disclosure,copying or distribution of this e-mail or the taking of any action based on its contents,other
than for its intended purpose, is strictly prohibited. If you have received this e-mail in error, please
notif� the sender immediately and delete it from your system. Any views or opinions expressed in this e-
mail are not necessarily those of Northeast Utilities, its subsidiaries and affiliates (NU), E-mail
transmission cannot be guaranteed to be error-free or secure or free from viruses, and NU disclaims all
liability for any resulting damage, errors, or omissions.
10/26/2011
appw4
TR-2011-a �
A RESOLUTION AUTHORIZING CONSERVATION RESTRICTIONS
WMECO to Massachusetts Audubon Society,Inc.
Sponsored by: Councilor Jill Messick
WHEREAS,WMECO,as Part of its Greater Springfield Reliability Project,proposes to
grant to Massachusetts Audubon Society,Inc., pursuant to Section 32 of Chapter 184 of the
General Laws of Massachusetts, Conservation Restrictions on certain parcels of land in
Agawam,described in the attached Conservation Restriction documents; and
WHEREAS,such Restrictions are required by permits granted to WMECO by MA Dept.of
Environmental Protection,US Army Corps. of Engineers,and the Conservation
Commissions of Agawam,Ludlow and Chicopee; and
WHEREAS,said permits require compliance the Massachusetts Endangered Species Act
(M.G.L.c.131A)and the Massachusetts Wetlands Protection act,with the intent to mitigate
damages to wetlands and rare species habitat during the construction phase of the project;
and
WHEREAS,it is in Agawam's best interests that these parcels be maintained in perpetuity
and for conservation purposes,predominantly in a natural,scenic and undeveloped
condition,and to prevent any use or change that would materially impair or interfere with
their conservation and preservation values; and
WHEREAS,the Agawam City Council has authority pursuant to Section 32 of Chapter 184
to approve such restrictions;
NOW THEREFORE, be it resolved by the City Council of the City of Agawam that it
approves the foregoing Conservation Restrictions to Massachusetts Audubon Society, Inc.,
pursuant to Section 32 of Chapter 184 of the General Laws of Massachusetts.
Dated this day of OM' 92011.
1 &K6Y)l
PER ORDER OF THE AGAWAM CITY COUNCIL
Qtl&wle C—- I(—)
Donald Srl6e ult,Picisident,Agawam City Council
e u""'rr'
0
PkR 'V)ED �S TO FORM AND LEGALITY
Vincent Gioscia,City Solicitor N a
-A
MAYORAL ACTION
Received this day of ' 2011 from Council Clerk,
Signed by Council President this day of 2011.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the AgMy�, harter, as
arnended, I hereby approve the passage of the above legislation on tb day of
2011.
Richard A. Cohen,Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby veto the passage of the above legislation on this day of
2011 for the following reason(s):
Richard A. Cohen, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this c7"'U day of ' 2011.
Memo
March 2011
TO: Agawam City Council C:
ME?
FROM: Western Massachusetts Electric Company("WMECo") 5r—
*C)
SUBJECT: Approval of Conservation Restrictions on Properties of Western
Massachusetts Electric Company in Agawam, Massachusetts to Satis >C)
Permit Requirements for the Greater Springfield Reliability Project a
I c-,
the Agawam to West Springfield Circuit Separation Project
WMECo requests that the City Council approve two permanent Conservation
Restrictions to be granted to the Massachusetts Audubon Society, Inc. on two different
properties in Agawam, Massachusetts owned by Western Massachusetts Electric
Company ("WMECO") to satisfy permitting requirements for the Greater Springfield
Reliability Project ("GSRP") and the Agawam to West Springfield Circuit Separation
Project C'AWS"). The two Conservation Restrictions are attached to this memo as
Attachment I and Attachment 2.
Massachusetts General Laws Chapter 184, sections 31-33 (often known as the
Conservation Restriction statute) require that Conservation Restrictions conveyed to non-
profit organizations be approved by the City Council,the Mayor, and the Secretary of the
Massachusetts Executive Office of Energy and Environmental Affairs.
One property, known as the "former Boglisch Farm Property," is an
approximately 30-acre portion of a 11 0-acre parcel acquired by WMECO in 2009 to
enable it to perform a wetlands creation and enhancement project there, in order to satisfy
wetlands mitigation requirements for GSRP and AWS. WMECo is required to mitigate
for permanent and unavoidable impacts to wetlands as a condition of the permits received
for the projects from the U.S. Army Corps of Engineers ("the Corps"), the Massachusetts
Department of Environmental P�iotection C'DEP"), and the local Agawam Conservation
Commission CCon Comm"). The Conservation Restriction on that property is a permit
condition of the Corps and DEP,
The second property, known as the "South Agawam Site,"to be made subject to a
separate Conservation Restriction for purposes of wildlife habitat protection in
connection with GSRP permitting requirements, consists of two parcels, one of 25 acres
and the other of approximately 9.88 acres, lying south of Silver Street in Agawam, being
I
portions of parcels acquired by WMECO from 1966 through 1970. WMECo is required
to mitigate for permanent and unavoidable impacts to the protected habitat of the Eastern
Box Turtle and the Eastern Wormsnake as a condition in its Conservation and
Management Permit issued by the Massachusetts Natural Heritage and Endangered
Species Protection ("NHESP") program. The Conservation Restriction on that property
is a permit condition.
Maps showing the two Conservation Restriction properties are included in Exhi
A and Exhibit B respectively (attached).
BRIEF SUMMARY OF THE PROPOSED CONSERVATION RESTRICTIONS
The proposed Conservation Restrictions:
• Grant authority to monitor and enforce the restrictions to the
Massachusetts Audubon Society, Inc. as"Grantee."
* Mitigate for impacts of GSRP, a 39-mile project in Connecticut and
Massachusetts designed to improve the region's electric transmission grid.
The project, which was approved in Massachusetts by the Massachusetts
Department of Public Utilities in October 2010, spans five municipalities
in Massachusetts — Agawam, Chicopee, Ludlow, Springfield and West
Springfield.
• Mitigate for impacts of AWS, a project designed to re-construct two (2)
existing overhead 115-kV transmission circuits (1311 and 1412) now
sharing a common line of double-circuit line (DCL) structures on
individual towers along a 2.5-mile-long existing right-of-way (ROW)
between the Agawam Substation in Agawam and the West Springfield
Substation in West Springfield. The Project was approved by the
Massachusetts Department of Public Utilities on March 19, 20 10.
• In both cases WMECO solicited input from the relevant agencies
exercising jurisdiction and the Grantee of the restrictions, Massachusetts
Audubon Society, Inc., and incorporated their suggestions in the draft
restrictions. In each instance, WMECO is obliged to follow forms that are
typically used and approved by the agencies involved.
• The portion of the former Boglisch Tree Farm property that will be subject
to the Conservation Restriction is to be devoted to conservation purposes,
to preserve the wetlands creation and enhancement to be performed there.
In the case of the property off of Silver Street at the South Agawam Site
for preservation of the box turtle and wormsnake habitat, part of which is
already crossing by electric transmission facilities, rights for existing and
future transmission and distribution utility use are being reserved over
portions of the property where it is deemed necessary or advisable.
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Office of Energy and Environmental Affairs, Division of Conservation Services is
pending; we have received generally favorable comments on previous drafts. As stated
previously, we request approval from the Town of Agawam City Council and its Mayor,
,
Formal approval of the Conservation Restrictions by the Massachusetts Executive
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A�Oawam Law DepartM�ht
M..e' mo
To- Barbara Bard
Frorm Vincent Gioscia, Esq.
CQ
DvAw. 30=111
Re: A Resolution'Authorizing Conservation Restrictions,
Barbara:
Attached is a Resolution that Councilor Messick would like placed on the agenda, I'm not sure when
she would like it to be place on the agenda as the Conservation Commission is acting on the same
matter. Please consult with her as to the timing of this resolubon.
Thanks,
Vince
1 :L V Zz
-VW"W-VIAVOY
11 A
TR-201 I-60n
A RESOLUTION AUTHORIZING CONSERVATION RESTRICTIONS
WMECO to Massachusetts Audubon Society,Inc.
Sponsored by: Councilor Jill Messick
WHEREAS,WMECO,as Part of its Greater Springfield Reliability Project,proposes to
grant to Massachusetts Audubon Society,Inc.,pursuant to Section 32 of Chapter 184 of the
General Laws of Massachusetts, Conservation Restrictions on certain parcels of land in
Agawam,described in the attached Conservation Restriction documents; and
WHEREAS,such Restrictions are required by permits granted to WMECO by MA Dept.of
Environmental Protection,US Army Corps.of Engineers,and the Conservation
Commissions of Agawam,Ludlow and Chicopee; and
WHEREAS,said permits require compliance the Massachusetts Endangered Species Act
(M.G.L. c.131A)and the Massachusetts Wetlands Protection act,with the intent to mitigate
damages to wetlands and rare species habitat during the construction phase of the project;
and
WHEREAS,it is in Agawam's best interests that these parcels be maintained in perpetuity
and for conservation purposes, predominantly in a natural,scenic and undeveloped
condition,and to prevent any use or change that would materially impair or interfere with
their conservation and preservation values; and
WHEREAS,the Agawam City Council has authority pursuant to Section 32 of Chapter 184
to approve such restrictions;
NOW THEREFORE', be it resolved by the City Council of the City of Agawam that it
approves the foregoing Conservation Restrictions to Massachusetts Audubon Society,Inc.,
pursuant to Section 32 of Chaptey 184 of the General Laws of Massachusetts.
Dated this day of 2011.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M Rhe ult,President,Agawam City Council
F�R VED S TO FORM AND LEGALITY
Vincent Gioscia,City Solicitor
Memo
March 2011
CD
TO: Agawam City Council
FROM: Western Massachusetts Electric Company ("WMECo") Cl)
SUBJECT: Approval of Conservation Restrictions on Properties of Western
Mdssachusetts Electric Company in Agawam, Massachiisetts to Sat >4--
Permit Requirements for the Greater Springfield Reliability Projecti8i
a
the Agawam to West Springfield Circuit Separation Project r-
WMECo requests that the City Council approve two permanent Conservation
Restrictions to be granted to the Massachusetts Audubon Society, Inc. on two different
properties in Agawam, Massachusetts owned by Western Massachusetts Electric
Company ("WMECO") to satisfy permitting requirements for the Greater Springfield
Reliability Project ("GSRP") and the Agawam to West Springfield Circuit Separation
Project ("AWS"). The two Conservation Restrictions are attached to this memo as
Attachment-I and Attachment 2.
Massachusetts General Laws Chapter 184, sections 31-33 (often known as the
Conservation Restriction statute) require that Conservation Restrictions conveyed to non-
profit organizations be approved by the City Council, the Mayor, and the Secretary of the
Massachusetts Executive Office of Energy and Environmental Affairs.
One property, known as the "former Boglisch Farm Property,'.3 is an
approximately 3 0-acre portion of a I I 0-acre parcel acquired by WMECO in 2009 to
enable it to perform a wetlands creation and enhancement project there, in order to satisfy
wetlands mitigation requirements for GSRP and AWS. WMECo is required to mitigate
for permanent and unavoidable impacts to wetlands as a condition of the permits received
for the projects from the U.S. Army Corps of Engineers ("the Corps"), the Massachusetts
Department of Environmental Protection ("DEP"), and the local Agawam Conservation
Commission ("Con Comm"). The Conservation Restriction on that property is a permit
condition of the Corps and DEP.
The second property, known as the "South Agawam Site," to be made subject to a
separate Conservation Restriction for purposes of wildlife habitat protection in
connection with GSRP pen-nitting requireftients, consists of two parcels, one of 25 acres
and the other of approximately 9.88 acres, lying south of Silver Street in Agawam, being
I
portions of parcels acquired by WMECO from 1966 through 1970. WMECo is required
to mitigate for permanent and unavoidable impacts to the protected habitat of the Eastern
Box Turtle and the Eastern Wormsnake as a condition in its Conservation and
Management Permit issued by the Massachusetts Natural Heritage and Endangered
Species Protection ("NHESP") program, The Conservation Restriction on that property
is a permit condition.
Maps showing the two Conservation Restriction properties are included in Exhibit
A and Exhibit B respectively(attached),
BRIEF SUMMARY OF THE PROPOSED CONSERVATION RESTRICTIONS
The proposed Conservation Restrictions:
* Grant authority to monitor and enforce the restrictions to the
Massachusetts Audubon Society,Inc. as"Grantee."
0 Mitigate for impacts of GSR.P, a 39-mile project in Connecticut and
Massachusetts designed to improve the region's electric transmission grid.
The project, which was approved in Massachusetts by the Massachusetts
Department of Public Utilities in October 2010, spans five municipalities
in Massachusetts — Agawam, Chicopee, Ludlow, Springfield and West
Springfield.
0 Mitigate for impacts of AWS, a project designed to re-construct two (2)
existing overhead 115-kV transmission circuits (1311 and 1412) now
sharing a common line of double-ciTcuit line (D6L) structures on
individual towers, along a 2.5-mile-long existing right-of-way (ROW)
between the Agawam Substation in Agawam and the West Springfield
Substation in West Springfield. The Project was approved by the
Massachusetts Department of Public Utilities on March 19, 2010.
0 In both cases WMECO solicited input from the 'relevant agencies
exercising jurisdiction and the Grantee of the restrictions, Massachusetts
Audubon Society, Inc., and incorporated their suggestions in the draft
restrictions. In each instance, WMECO is obliged to follow forms that are
typically used and approved by the agencies involved,
* The portion of the former Boglisch Tree Farm property that will be subject
to the Conservation Restriction is to be devoted to conservation purposes,
to preserve the wetlands creation and enhancement to be performed there.
In the case of the property off of Silver Street at the South Agawam Site
for preservation of the box turtle and wormsnake habitat, part of which is
already crossing by electric transmission facilities, rights for existing and
future transmission and distribution utility use are being reserved over
portions of the property where it is deemed necessary or advisable.
2
Formal approval of the Conservation Restrictions by the Massachusetts Executive
Office of Energy and Environinental Affairs, Division of Conservation Services is
pending; we have received gencrafly favorable comments on previous drafts. As stated
previously, we request approval from the Town of Agawam City Council and its Mayor.
3
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A A K
A-aWa
J49 M Law Department
-------------
M e-M 0
To: Barbara Bard
Frorm Vincent Gioscia, Esq.
cc.
Daft 3/21/2011
Rs: A Resolution Authorizing Conservation Restrictions
Barbara'
Attached is a Resolution that Councilor Messick would like placed on the agenda. I'm not sure when
she would like it to be place on the agenda as the Conservation Commission is acting on the same
matter. Please consult with her as to the timing of this resolution,
Thanks,
Vince
1 :L
WU"4N
o Vallo'o
7,19
3 ill
((12 AC)JG Boglisch Tree Farm
Agawam, MA
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