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2004 AGAWAM CONSERVATION COMMISSION (MEETING MINUTES) A31oa;Y?q (�)n4erVZU�l'ov1 0-'®eM `sS(kFn r 4 AGAWAM CONSERVATION COMMISSION December 9, 2004 MEMBERS PRESENT: Henry A.Kozloski, Chairman Sheryl Becker Steven Douglas Frank Meagher Mark Soticheck m MEMBERS ABSENT: Fred Harpin r ALSO PRESENT: Pamela R. Edmunds The meeting was called to order by Mr. Kozloski at 6:30 PM.. r, 1. APPROVAL OF MINUTES - October 28, 2004 Motion was made by Mr. Soticheck and seconded by Mr. Douglas to approve the minutes of October 28, 2004 as written. VOTE 4-0 2. REQUEST FOR DETERMINATION -River Road - DeCaro This RDA shows the addition of a second floor to an existing home on River Road. No alterations to the grading or footprint are proposed. Motion was made by Ms. Becker and seconded by Mr. Soticheck to issue a Negative Determination of Applicability for DeCaro on River Road. VOTE 5-0 3. REQUEST FOR DETERMINATION - Mill Street- Capua This RDA was filed on property for which a future subdivision is proposed. Mr. Kozloski and Mr. Harpin walked the property with Mason Maronn of D.L. Bean,Inc. and no wetlands were found on the site. Mr. Kozloski stated that once the drainage and detention basin for the proposed subdivision has been designed,the Commission will want to look at it. Agawam Conservation Commission December 9, 2004 Page 2 Motion was made by Mr. Soticheck and seconded by.Ms. Becker to issue a Negative Determination of Applicability for Capua on Mill Street, requiring that the applicant notify the Commission of the detention basin location. VOTE 5-0 4. PUBLIC HEARING - Amendment to Order of Conditions -Mass. Veterans Memorial Cemetery- Main Street Cathy Offenberg of Carol Johnson Associates presented this request for an amendment to the existing Order of Conditions. Horace Aikman of Carol Johnson Associates was also in attendance along with Art Allen of ECOTEC, Deb Kennedy and Mark Coffield of Department of Capital Asset Management and Ken Pietras of the Mass. Veterans Memorial Cemetery. An extension of the Order of Conditions has also been requested. The original Order was issued in 1999 and has been extended until March of 2005. She explained that the Phase I of the Veterans Cemetery is what was permitted in the Order and is under construction at this time. There are six changes to the original filing proposed with this amendment: 1) the reconfiguration of burial Sections 3, 4 and 5; 2) changes to the columbarium wall design and vehicular turnaround at the northeast corner of the cemetery; 3) the addition of 500 cremain niches at the existing columbarium plaza at the northwest corner of the Phase I area; 4)potential construction of a temporary gravel road for construction access through the abutting VFW parcel and adjacent Phase 2 area; 5) deletion of one detention basin at Section I resulting in increased capacity of Detention Basin No. 1; and 6) higher stormwater flow rates at proposed burial sections. She stated that erosion and sedimentation control plans were submitted that outline phasing/sequencing and that all drainage structures will be protected. Mr. Kozloski stated that the Original,Order of Conditions called for the contractor to notify the Commission when all erosion controls were in place to allow for an inspection. He stated that would also be required with the amendment. He went on to say that due to the nature and extent of the wetland/resource areas on this site, one or two Commission members were on-site weekly during construction. The Engineering Department has not reviewed the drainage calculations. Mr. Meagher questioned whether there would be any wetland impacts on the VFW property if the temporary gravel access road is constructed. Mr.Kozloski stated that.area was all upland, there are no wetlands there. Ms..Offenberg stated that there would be a very slight infringement on the 100' buffer zone in this area. Sue Morrissette, Cosgrove Avenue asked how close this activity would be to the Mawaga Club. Mr. Kozloski stated that Phase II of the Veterans Cemetery will encompass approximately forty acres adjacent to the Mawaga Club. A Notice of Intent will be filed for that work. Linda DeGray, 1336 Main Street stated that there is an existing right of way next to her house. She asked if the VFW temporary access road is not built,would this right of way be used for all of the construction? Horace Aikman stated no, if the VFW access road is not constructed,the Agawam Conservation Commission December 9,2004 Page 3 right of way adjacent to her house would only be used for the proposed construction at the columbarium plaza in this area. Since the drainage calculations were not reviewed, a request to continue the public hearing was submitted. The Commission extended the public hearing and will vote on extending the Order at the next meeting. 5. DISCUSSION-River Road -B'Shara correspondence Melissa B'Shara was in attendance. She and her husband submitted a letter to the Commission requesting permission for there to remove some of the overgrown weeds adjacent to the bike path in front of their restaurant on River Road. She stated that they would like to "adopt" a 30'to 40'area and maintain it. Mr. Kozloksi stated that he phone DEP regarding.this request and was told that while a Notice of Intent wouldn't be required, the Conservation Commission must approve what is to be removed or cut. Selective trimming can be allowed with the approval of the Commission. Also, a Commission member is to be present when the selective trimming takes place. Vi Baldwin, Chairman of the Agawam Beautification Committee; was in attendance and voiced her support for this request. Ms.B'Shara will contact the office to set up a time for one or two Commission members to meet on-site with her to discuss what would be allowed. 6. PUBLIC HEARING CONT. - Notice of Intent- Suffield Street- Pananas This public hearing was continued once again. The applicant's representative requested a 60 day extension. 7. ENFORCEMENT ORDERS -Wild Turkey Estates The Engineering Department submitted a memo to the Commission stating that they have approved a plan showing the revised detention basin outlet. The memo also refers to the swale that may be required at the southern end of the detention basin which is not shown on this revised plan. Mr. Soticheck stated that he feels the outlet structure should be moved to the southern end of the detention basin. Mr. Kozloski stated that he would contact the Town Engineer regarding that suggestion. The members agreed to approve the revised outlet structure design if the Town Engineer does not support moving the location. Cosgrove Avenue - (ratify) Motion was made by Mr. Soticheck and seconded by Mr. Meagher to ratify the Enforcement Order issued for work on Cosgrove Avenue. VOTE 5-0 Mr. Soticheck issued this Enforcement Order for tree cutting that took place adjacent to a brook. a •. Agawam Conservation Commission December 9, 2004 Page 4 - - — -- The responsible party, Sue Morrissette, was in attendance this evening. The members informed her of the Wetlands Protection Act. She stated that she was unaware of the Act and will not do any further work within 200' of the brook. Motion was made by Mr, Sod check and seconded by Ms. Becker to.amend the agenda to include the "add-on's". VOTE 5-0 9. COMPLAINT - Shoemaker Lane Mr. Kozloski stated that he would make this inspection regarding tree cutting adjacent to a wetland. Mr. Kozloski then informed the members that the Community Preservation Committee, of which he is also the chairman, will be voting on the School Street Community Events Space application. at their December 13"'meeting. The meeting adjourned at 7:25 PM. AGAWAM CONSERVATION COMMISSION October 28, 2004 MEMBERS PRESENT: Henry A. Kozloski - 6:35 PM Fred Harpin Sheryl Becker C; Steven Douglas "z Frank Meagher MEMBERS ABSENT: Mark Soticheck ALSO PRESENT: Deborah S. Dachos c.n. Pamela R. Edmunds Mr. Harpin called the meeting to order at 6.30 PM. 1. APPROVAL OF MINUTES- October 14,2004 Motion was made by Ms. Becker and seconded by Mr. Meagher to approve the minutes of October 14, 2004 as written. VOTE 4-0 2. REQUEST FOR DETERMINATION- Silver Street-Pelley/Malone Mason Maronn of D.L. Bean, Inc. presented this RDA that was submitted for the purpose of delineating the wetlands on this site. He explained that the site is approximately 11.1 acres and the rear portion(approximately three acres)is wooded. He submitted a revised plan this evening as Mr. Kozloski and Mr. Harpin have walked the property and found a' discrepancy with the originally submitted plan in terms of the location of the brook at the back of the property. The plan shows a proposed subdivision on the property with a detention pond located at the rear of the parcel. Mr. Maronn stated that this is a preliminary concept and the location and size of the detention basin may change. Mr.Harpin stated other than the change in the brook location,the wetland flagging was accurate. Motion was made by Ms. Becker and seconded by Mr. Meagher to issue Positive Determination of Applicability for property on Silver Street by Pelley/Malone approving the wetland boundaries as delineated. VOTE 5-0 3. REQUEST FOR DETERMINATION - South Street-Allsop Agawam Conservation Commission October 28, 2004 Page 2 Mr. and Mrs. Allsop were in attendance to present this RDA. They explained to the Commission that they wish to purchase a home on South Street but the offer to purchase is contingent upon them being able to build a garage on the property. The location of the garage will be over 200' from a brook located way to the rear of the site. Members met on-site with the Allsops earlier and agreed that a Negative Determination be issued. Motion was made by Mr. Douglas and seconded by Mr. Meagher to issue a Negative Determination of Applicability for Allsop on South Street. VOTE 5-0 4. PUBLIC HEARING CONT. -Notice of Intent - Suffield Street-Pananas This hearing was continued once again at the applicant's representative's request as they are addressing comments from the National Heritage Endangered Species Program. 5. ENFORCEMENT ORDER- Wild Turkey Estates The Engineering Department is reviewing the revised information that was submitted by the applicant's representative on the detention basin. Work has taken place on the riprap swale at the southerly end of the detention pond. Pine Street-Town of Agawam The Commission agreed to send a memo to the DPW Superintendent reminding him of the work that he agreed to have done on the Pine Street property. Cosgrove Avenue Motion was made by Mr. Meagher and seconded by Mr. Douglas to ratify the Enforcement Order that Mark Soticheck issued for property on Cosgrove Avenue where treeibrush cutting has taken place adjacent to a brook. VOTE 5-0 An on-site will be set up with the property owner. 6. DISCUSSION - CPA Application- School Street Ms. Dachas explained to the members that she is working on an application for funding to the Community Preservation Committee for work on the "Community Events Space" at the proposed School Street Park(Phase I). She explained that Phase I is the smaller portion of the site, r Agawam Conservation Commission October 28, 2004 approximately 2.5 to 3 acres which slopes towards the river. The community events space will include a stage, concert stand, restrooms, storage, and approximately 200 parking spaces. A new Request for Determination will be filed at a later date as the wetland delineation was approved over three years ago. She explained that she is asking for a letter of support from the Commission to include with the funding application. She went on to say that Six Flags.New England and Berkshire Power will be donating towards this phase and the Town will also be seeking Urban Self Help funds next summer. Mr. Meagher brought up the issue of maintenance of the facility. He stated that he supports the project but questions whether the Town has the capacity to maintain a facility such as this. Ms. Dachos stated that the Park and Recreation Department receives annual money from Berkshire Power, perhaps some of that money could be allocated to maintenance. She stated that it is a legitimate concern and that they could include that concern in their letter of support. Motion was made by Mr. Meagher and seconded by Ms. Becker to send a letter of support with the Application for Funding to the CPA for the School Street Community Events Space, outlining a concern with maintenance. . VOTE 4-0-1 (Kozloski abstained) Motion was made by Ms. Becker and seconded by Mr. Meagher to amend the agenda to include the "add-on's". VOTE 5-0 8. CERTIFICATE OF COMPLIANCE - Lots 11 and 12 Blair's Hill Road Mr. Harpin agreed to make these inspections tomorrow. Motion was made by Ms. Becker and seconded by Mr. Meagher to issue Certificates of Compliance on Lots 11 and 12 Blair's Hill Road pending a favorable inspection by a Commission member. VOTE 5-0 The meeting adjourned at 7:00 PM. r AGAWAM CONSERVATION COMMISSION September 9, 2004 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Steven Douglas Fred Harpin Frank Meagher MEMBERS ABSENT: r Mark Soticheck - ALSO PRESENT: r}, Deborah S.Dachos C' 71 w The meeting was called to order by Mr. Kozloski at 6:30 PM. 1. APPROVAL OF MINUTES.-August 12 & 26, 2004 Motion was made by Ms. Becker and seconded by Mr. Harpin to table approval of the August 12"and 26 h minutes. VOTE 5-0 2. CERTIFICATE OF-COMPLIANCE -Lot 24 Tobacco Farm Road Mr. Kozloski stated that he would make this inspection tomorrow. Motion was made by Mr. Harpin and seconded by Mr. Meagher to issue a Certificate of Compliance on Lot 24 Tobacco Farm Road pending a favorable inspection by a Commission member. VOTE 5-0 3. REQUEST FOR DETERMINATION- 128 Southwick Street-Town of Agawam Georganne Hoyman, Town Engineer, was in attendance this evening to present this Request for Determination for proposed drainage and maintenance improvements at the Agawam Municipal Golf Course. Improvements include the creation of larger swales and the use of perforated pipe within stone trenches which will create more volume for localized runoff storage before discharge to the intermittent stream near the 15'tee box. Most of the proposed work is within the 100'wetland buffer. Construction phase controls include the placement of silt fence along the limit of work as shown on the plan that was submitted. Ms. Hayman stated that the site will L Agawam Conservation Commission September 9, 2004 Page 2 be monitored during construction for adequacy of the controls and more will be added as necessary to control erosion and sediment until soils are stabilized. The wetlands were flagged as part of this RDA. Mr. Kozloski has walked the site and agrees with the wetland boundary as flagged. There was discussion among the members regarding any impacts the work would cause. The members felt comfortable with the erosion control measures and continued monitoring as proposed. Motion was made by Mr. Harpin and seconded by Ms. Becker to issue a Negative Determination of Applicability for the proposed maintenance/improvement work at the Agawam Municipal Golf Course. VOTE 5-0 5. REQUEST FOR DETERMINATION- 5 Silver Lake Drive -Ruha Mr. Ruha was in attendance and explained that he is proposing to construct a single family house on Lot A18 Silver Lake Drive. He stated that the construction will take place outside of the 100' buffer zone. Mr. Kozloski has made a site visit and recommended that a Negative Determination be issued. Motion was made by Ms. Becker and seconded by Mr. Harpin to issue a Negative Determination of Applicability for Ruha on Silver Lake Drive. VOTE 5-0 5. PUBLIC HEARING CONT. - Suffield Street- Pananas The applicant's representative requested another continuance of this hearing as they have not yet hear from the Endangered Species Program. Motion was made by Mr. Harpin and seconded by Ms. Becker to continue the public hearing for Pananas on Suffield Street as requested. VOTE 5-0 b. ENFORCEMENT ORDERS (update) - Wild Turkey Estates Dave Bean was in attendance to go over the revised plan for the outlet structure on the detention pond. He explained that he has been working with the Town Engineer and she is in the process of reviewing this submittal at this time. He stated that it is the developer's intent to begin this work as soon as the Town Engineer has approved the plan. e Agawam Conservation Commission September 9,2004 Page 3 Motion was made by Mr. Harpin and seconded by Mr. Douglas to amend the agenda to include a discussion of the Bike Path on River Road, VOTE 5-0 Mr. Kozloski stated that he was out there today and would like the silt fence removed. Motion was made by Ms. Becker and seconded by Mr. Harpin to send an Enforcement Order to Gomes Construction (contractor doing the bike path) stating that the silt fence is to be removed prior to next Thursday and the haybales shall be broke open and spread out. VOTE 5-0 The meeting adjourned at 7:40 PM. AGAWAM CONSERVATION COMMISSION August 26, 2004 MEMBERS PRESENT: Henry A. Kozloski,Chairman • Sheryl Becker Steven Douglas Fred Harpin y .. Frank Meagher _ Mark Soticheck ' w .ALSO PRESENT: Deborah S. Dachos The meeting was called to order by Mr. Kozloski at 6:30 PM. 1. APPROVAL OF MINUTES -August 12, 2004 Motion was made by Mr. Soticheck and seconded by Mr. Meagher to table approval of the August 12,2004 minutes as they were not yet approved. VOTE 6-0- 2. PUBLIC HEARING -Notice of Intent-Mass.Dept. Of Conservation&Recreation- Robinson Park Keith Gazaille of Aquatic Control Technology, Inc. presented this Notice of Intent which involves a multiple year approval for a phragmites management program to control established pioneer colonies and prevent future spread of this non-native plant within the corridor of the created tributary stream bed at Robinson State Park. The program will initially utilize area specific application of the USEPA/State registered herbicide Rodeo (Glyphosate). The program will also investigate feasible long-term management strategies. He explained that they would like to initiate the work at the end of September or early October and it will take place approximately 1/4 mile upstream from the pond. He stated that they want to maintain the native species in the intermittent stream and pond and that they won't be treating standing water-only phragmites in saturated soil. He went on to explain that Rodeo is a soil herbicide which is activated only when in contact with the plant (it won't travel upstream). He stated that the treatment will have to be done periodically for at least a few years. They will re-evaluate management strategies based on regrowth. The Commission members agreed that they will request a report after each treatment and request to be notified 72 hours prior to the treatments. There being no public input, Mr. Kozloski closed the public hearing. The Commission then wrote the Order of Conditions for this project. A copy can be obtained from the Town Clerk's office or the Conservation Commission office. Agawam Conservation Commission August 26, 2004 Page 2 Motion was made by Mr. Soticheck and seconded by Mr.Meagher to issue the Order of Conditions for Robinson Park as written. VOTE 6-0 3. PUBLIC HEARING CONT. -Notice of Intent- Suffield Street-Pananas The applicant's representative requested another continuance of this hearing as they have not yet heard from the Endangered Species Program. 4. ENFORCEMENT ORDER(UPDATE) - Wild Turkey Estates The Town Engineer prepared an outline of items to be addressed and a timeframe for completion of the items. Motion was made by Mr. Soticheck and seconded by Mr. Harpin to approve the timeframe for completion of outstanding items at the Wild Turkey Estates subdivision as prepared by the Town . Engineer and submit it to the developer. VOTE 6-0 The meeting adjourned at 7:10 PM. F AGAWAM CONSERVATION COMMISSION August 12, 2004 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Steven Douglas Fred Harpin Mark Soticheck s� MEMBERS ABSENT: 1 Frank Meagher ` ALSO PRESENT: LP � r Deborah S. Dachos Pamela R. Edmunds CS The meeting was called to order at 6:30 PM. 1. APPROVAL OF MINUTES -July 22, 2004 Motion was made by Ms. Becker and seconded by Mr. Soticheck to approve the minutes of July 22,2004 as written. VOTE 5-0 2. REQUEST FOR DETERMINATION-Riverview Avenue -Benson Greg Strattner was in attendance on behalf of the property owner. He is the contractor who will be constructing a 4' extension to the existing deckline towards the River but not further than the rear house wall. The existing stairs will be widened for handicapped accessibility. Two sauna tubes (10") will be used for and anchored to the existing concrete retaining wall. The yard is terraced to the river with lawn and landscaping. There will be minimal disruption to the lawn where the tubes will be set. The stairs to the existing deck will be eliminated. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue a Negative Determination of Applicability for Benson on Riverview Avenue. VOTE 5-0 3. REQUEST FOR DETERMINATION - Southwick Street - Cecchi Michael Cecchi was in attendance to present this RDA. He stated that he intends to put an addition on his house. There is an intermittent stream approximately 102' from the house. Mr. Kozloski stated that he has been out to the site twice and both times the water was not flowing in Agawam Conservation Commission August 12, 2004 Page 2 the stream. Both site visits were conducted approximately two days after rainfall. Also, he added that there is wetland vegetation approximately 75'-80' from the house. He stated that the lawn is fairly flat and suggested that the homeowner have haybales on-hand in case there is any erosion. Mr. Cecchi agreed to that. Motion was made by Mr. Douglas and seconded by Ms. Becker to issue a Negative Determination of Applicability for Cecchi on Southwick Street. VOTE 5-0 4. PUBLIC HEARING CONT. -Notice of Intent- Suffield Street Pananas Mason Maronn of D.L. Bean, Inc..requested another continuation of this hearing as they are still waiting for a response from the Endangered Species Program. 5. CERTIFICATE OF COMPLIANCE-Lots 8, 10, 13 & 20 Blair's Hill Road Mr. Kozloski made these inspections and recommended that Certificates be issued at this time. Motion was made by Ms. Becker and seconded by Mr. Douglas to issue Certificates of Compliance on lots 8, 10, 13 &20 Blair's Hill Road. VOTE 5-0 6. ENFORCEMENT ORDER(update) - Wild Turkey Estates The Commission received a letter from D.L.Bean,Inc. outlining proposed work and questioning whether a new public hearing would be required. There was a lengthy discussion among the members. Motion was made by Ms. Becker and seconded by Mr.Douglas to issue an Enforcement Order to the developer of Wild Turkey Estates to adhere to the timetable as agreed to by August 17, 2004 or all work shall cease and desist and building permits will be held back if significant progress has not been made by August 18' VOTE 5-0 ENFORCEMENT ORDER -Wright Street (ratify) Mr. Harpin issued this Enforcement Order for mowing and cutting within a wetland. The office received three anonymous complaints from neighbors regarding this work. Mr. Kozloski pointed out that some of this property may also be within a floodplain. Agawam Conservation Commission August 12, 2004 Page 3� Motion was made by Ms. Becker and seconded by Mr. Soticheck to ratify the Enforcement Order issued for work on Wright Street. VOTE 5-0 Gary Nardi was in attendance this evening as he is one of the property owners. He and his partner purchased the property in Iate July and their intent is to clear the property for pasture land as he stated was there previously. He stated that there is an existing barn with hayloft and there is an I P cattle passage easement at the end of Haskell Street. He stated that a brush hog on a tractor was used to do the work. He also stated that they may be livestock in there. Mr. KozIoski asked if there was any evidence that the area that was recently cleared was used as a pasture within the last five years. Mr. Nardi stated that he would not know that as he hadn't walked the property. Mr. Kozloski stated that he made a site visit with Mr_ Harpin and found that wetland vegetation had been mowed and that the River Protection Act would be applicable in one area. Mr.Nardi stated that hardwood trees were amongst what was mowed. Mr. Kozloski and Mr. Harpin offered to meet with the owners on-site to walk the property at their convenience. ENFORCEMENT ORDER-Pine Street Town of Agawam There was nothing new to report on this Enforcement Order. Motion was made by Mr. Soticheck and seconded by Mr. Douglas to amend the agenda to include the "add-on's". VOTE 5-0 S. ZONE CHANGE - River Road-Rising The Commission received a memo from the Planning Board asking if they had any comments on a proposed zone change on River Road. The Planning Board makes a recommendation to the Town Council on zone changes. Ms. Dachos explained that the property has been used as a car dealership since 1975 with a license for ten cars. The zone change is for a portion of the property that is currently zoned Residential. The Commission discussed the area which is across the street from the River. Motion was made by Ms. Becker and seconded by Mr. Soticheck to send a memo the Planning Board stating that the Commission is not in favor of this zone change on River Road for property across the street from the Connecticut River. VOTE 3-1-1 (Harpin opposed,Douglas abstained) ZONE CHANGE- Garden Street Agawam Conservation Commission August 12,2004 Page 4 The Commission received a memo from the Planning Board regarding a zone change on Garden Street. The property is zoned Business B and Agriculture and the proposal is to rezone the entire site Business B. Mr. Harpin stated that it would be an enhancement to the area if the.zone change were approved. There is a steam at the back of the property. Motion was made by Mr. Soticheck and seconded by Mr. Douglas to send a memo to the Planning Board in support of the proposed zone change on Garden Street. VOTE 5-0 9. CERTIFICATE OF COMPLIANCE -Lot 39 Coyote Circle Motion was made by Mr. Douglas and seconded by Mr. Soticheck to issue a Certificate of Compliance on Lot 39 Coyote Circle pending a favorable inspection by a Commission member. VOTE 5-0 10. CHAPTER 61A - South Street - Cook The Town was notified once again of their first right of refusal for Chapter 61A property owned by Cook on South Street. Since the previous notification the purchase price has changed slightly. The Commission still did not feet supportive of the Town purchasing the land. Motion was made by Mr. Soticheck and seconded by Ms. Becker to send a memo to the Mayor with their original recommendation not to purchase the Cook property on South Street. VOTE 5-0 CERTIFICATE OF COMPLIANCE- Elm Street-Longhi Mr.Harpin and Mr.Kozloski inspected this property and recommended that a Certificate be issued at this time. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue a Certificate of Compliance on 149 Elm Street for Loughi. VOTE 5-0 12. DISCUSSION- River Road- DeCaro Mr. Kozloski stated that he was contacted by DeCaro Bros. regarding five trees that are up r Agawam Conservation Commission August 12, 2004 Page 5 against a foundation that they would like to cut. Mr. Kozloski has made a site visit and does not have a problem with the trees being cut. Motion was made by Mr. Soticheck and seconded by Ms. Becker that the Commission allow the five trees on River Road by DeCaro to be cut. VOTE 5-0 13. DISCUSSION- office furniture Mr. Kozloski informed the members that the office is need of some new furniture and would like to purchase it with Commission funds. x Motion was made by Mr. Soticheck and seconded by Mr.Harpin to approve an expenditure up to $2500 for purchase of office furniture. VOTE 5-0 The meeting adjourned at 7:55 PM. AGAWAM CONSERVATION COMMISSION July 22, 2004 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Fred Harpin Frank Meagher Mark Soticheck ca-r MEMBERS ABSENT: Steven Douglas Mr. Kozloski called the meeting to order at 6:30 PM. w I. APPROVAL OF MINUTES -June 10 &24 and July 8, 2004 Motion was made by Mr. Soticheck and seconded by Ms. Becker to approve the minutes of June 10, June 24,and July 8,2004. VOTE 6-0 2. REQUEST FOR DETERMINATION 258 South Street- QuintaI This RDA shows the replacement construction of a 12' x 24' shed. The new,movable, shed will be placed on the existing foundation of the old shed. The members have been to this site and agreed that a Negative Determination be issued for this replacement. Motion was made by Mr. Harpin and seconded by.Mr. Soticheck to issue a Negative Determination of Applicability for Quintal at 258 South Street. VOTE 6-0 3. PUBLIC HEARING CONT. -Notice of Intent- Suffield Street- Pananas Mason Maronn of D.L. Bean, Inc. requested another continuance of this hearing on behalf of the applicant. Motion was made by Mr. Soticheck and seconded by Ms. Becker to continue the public hearing for the Pananas Notice of Intent as requested by the applicant's representative. VOTE 6-0 Agawam Conservation.Commission July 22, 2004 Page 2 4. CERTIFICATE OF COMPLIANCE- Lot 19 Blair's Hill Road Motion was made by Mr. Soticheck and seconded by Mr. Harpin to issue a Certificate of Compliance for Lot 19 Blair's Hill Road pending a favorable inspection by a Commission member. VOTE 6-0 5. ENFORCEMENT ORDERS- Wild Turkey Estates(update) Dave Bean of D.L. Bean, Inc. was in attendance, representing Tony Fazio, to update the . Commission on Wild Turkey Estates. The Engineering Department submitted a memo dated July 22, 2004 to the Commission which outlines the outstanding issues to be resolved. Time frames for each item were established as follows: Silt fence and haybale placement and inspections of BMP's.... These items are ongoing throughout the construction process. Buffers shall be properly established within the next three weeks. Proposal for the area between lots 21 and 22 and along the right of way for Wood Haven Road at the end of Clover Hill Drive is to be submitted within two weeks. Proposal to address the damage assessment of brook upstream of detention pond from end of Clover Hill Road must be submitted within three weeks. A new plan is to be submitted by the second or third week in August to address the sediment within the emergency spillway and extension of spillway up over the ridge td the south. Proposal for a second outlet structure from the detention pond will be discussed with the Town Engineer. Sediment must be removed from within the detention pond; appropriate volume must be established; gullies to be repaired; and vegetation must be re-established by the second week in September. The restoration of damaged areas of wetland and brook resources must be completed by October 1, 2004. Construction of yard drain at location specified within existing casement between lot 38 and lot 39 is to be completed within three weeks. 6. ORDER OF CONDITIONS - Suffield Street -Tirone The Commission wrote the Order of Conditions for Joseph Tirone, Suffield Street. A copy can be obtained from the Town Clerk's office or the Conservation Commission's office. Motion was made by Mr. Soticheck and seconded by Mr. Harpin to issue the Order of Conditions for Tirone on Suffield Street as written. VOTE 6-0 ENFORCEMENT ORDER-Pine Street-Town of Agawam Agawam Conservation Commission July 22,2004 Page 3 Mr. Kozloski stated that another on-site inspection will be done in the Fall with the DPW. He feels that if a swale is constructed and some fill is placed,that should resolve the situation. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to amend the agenda to include the"add-on's". VOTE 6-0 DISCUSSION -Joanne Circle - Saloio Mr. Saloio submitted a request to alter the size of the garage that he recently received a Negative Determination to construct. The increase in size does not affect the distance to the wetland. Motion was made by Mr. Soticheck and seconded by Ms. Becker to allow for the increase in size of the garage at 82 Joanne Circle from the original size of 28' x 30'to 28'x 34'without further filing with the Commission. VOTE 6-0 COMPLAINT- 1100 River Road Mr. Kozlosl i responded to this complaint regarding a property owner that has sprayed bleach on vegetation and has cut some trees. According to the complainant,the work took place within 100' of the River. Mr. Kozloski has met with the property owner and will make a re-inspection within the next couple of weeks. CERTIFICATE OF COMPLIANCE- 6 Two-if-by Street Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue a Certificate of Compliance for 6 Two-if-by Street pending a favorable inspection by a Commission member. VOTE 6-0 The meeting adjourned at 7:30 PM. a . AGAWAM CONSERVATION COMMISSION July 8,2004 MEMBERS PRESENT: Henry A. Kozloski, Chairman Steven Douglas Frank Meagher Mark Soticheck MEMBERS ABSENT: Sheryl Becker Fred Harpin CZ C- ALSO PRESENT: r =y Pamela R. Edmunds Deborah S. Dachos cri 4 Mr. Kozloski called the meeting to order at 6:30 PM. m I. APPROVAL OF MINUTES -June 10 & 24, 2004 Motion was made by Mr. Soticheck and seconded by Mr. Douglas to table approval of the June 10 and 24, 2004 minutes as there were not yet prepared. VOTE 4-0 2. PUBLIC HEARING CONT. -Notice of Intent- Suffield Street-Tirone Joe Petronino of Environmental Services presented a revised plan to the Commission this evening in response to the Engineering Department comments he received. He has shown the existing trees on the plan and shows balsams to be planted in the buffer area. The drainage casement on the lot has been shown and the required notes per Engineering have been added to the plan. Sewer and water connections have also been added. He stated that they located the deed for the property which is dated April 1, 1985. The Engineering Department has not yet received the revised plan. There is an issue with back-taxes owed to the Town by the property owner which must be addressed in the Order of Conditions. There was no public input this evening. The members closed the public hearing and will write the Order of Conditions at the next meeting. 3. PUBLIC HEARING CONT. -Lot 52 Spear Farm Road A revised plan was submitted and has been approved by the Engineering Department. The applicant's representative sent a response to DEP regarding their comments. An incorrect"box" was checked on the Notice of Intent form. A revised Notice of Intent form was submitted. There being no public input,the Commission closed the public hearing. The Order of Conditions was written at the end of the meeting. f Agawam Conservation Commission Tiny 8,2004 Pie 2 4. PUBLIC HEARING CONT. -Notice of Intent- Suffield Street-Pananas Motion was made by Mr. Soticheck and seconded by Mr.Douglas to continue the public hearing for Pananas for two weeks as requested by the applicant's representative. VOTE 4-0 5. ENFORCEMENT ORDER(UPDATE) Wild Turkey Estates Mr. Kozloski stated that the Engineering Department is putting together a list of items to be addressed and timetables for addressing them. He will continue to monitor the work. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to amend the agenda to include the "add-on's". VOTE 4-0 Pine Street- Town of Agawam The work under this Enforcement Order has not yet commenced. 7. CERTIFICATE OF COMPLIANCE-Lot I Arrowood Lane Mr. Kozloski stated that he would make this inspection. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to issue a Certificate of Compliance on Lot I Arrowood Lane pending a favorable inspection by a Commission member. VOTE 4-0 CERTIFICATES OF COMPLIANCE -Lots 24 and 25 Coyote Circle Mr. Kozkoski stated that the grass is now growing on these lots,however, the Engineering Department must determine if the lots were graded properly. Motion was made by Mr. Meagher and seconded by Mr. Soticheck to issue Certificates of Compliance for lots 24 and 25 Coyote Circle conditional upon the Engineering Department's approval of the grading. VOTE 4-0 Agawam Conservation Commission July 8, 2004 Page 3 8. COMPLAINTS (2) - Cooper Street Mr. Kozloski stated that he would respond to these complaints next week as well as the Poplar Street complaint. The Commission then wrote the Order of Conditions for Lot 52 Spear Farm Road. A copy can be obtained from the Commission's office or the Town Clerk's office. Motion was made by Mr.Meagher and seconded by Mr. Douglas to issue the Order of Conditions for Barbero on lot 52 Spear Farm Road as written. VOTE 4-0 The meeting adjourned at 7:00 PM. , AGAWAM CONSERVATION COMMISSION June 24, 2004 MEMBERS.PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Steven Douglas Fred Harpin Mark Soticheck MEMBERS ABSENT: Frank Meagher ALSO PRESENT: Deborah S. Dachos r-3 c� The meeting was called to order by Mr. Kozloski at 6:30 PM. 1. APPROVAL OF MINUTES -June 10, 2004 Motion was made by Mr. Soticheck and seconded by Ms. Becker to table approval of the June 10,2004 minutes as they were not yet prepared. VOTE 5-0 2. PUBLIC HEARING-Notice of Intent- Suffield Street-Tirone Joe Petronino of Environmental Services was in attendance. He received lengthy comments from DEP, most of which depend on when this lot was created. He stated that they have not been able to locate the deed. He asked for a two week continuance. The Commission agreed to a continuance and members will make on-sites prior to the next meeting. 3. PUBLIC HEARING CONT. -Notice of Intent-Lot 52 Spear Farm Road- Barbero Mr. Barbero requested a two week continuation as they have not yet received a DEP file number The Commission continued the hearing for two weeks. 4. PUBLIC HEARING CONT. -Notice of Intent- Suffield Street-Pananas The Commission continued this public hearing once again for two weeks at the request of the applicant's representative. 5. DISCUSSION -258 South Street- Quintal Mrs. Quintal was in attendance to discuss her plans to re-build a shed(12' x 24") on her property adjacent to a brook. She explained that there was a shed in this location previously. The members agreed to make a site visit to determine what type of filing she should submit. Agawam Conservation Commission June 24, 2004 Page 2 6. ENFORCEMENT ORDERS (UPDATE) -Wild Turkey Estates A discussion took place regarding the need for submission of the revised outlet structure design and commencement of construction on it. Mr. Kozloski stated that the Engineering Department is still working on a drainage study of the area but he feels that the developer should be moving forward on submitting his proposal. He will get another update from Engineering prior to the next meeting. Motion was made by Mr. Soticheck and seconded by Mr.Douglas to amend the agenda to include the "add-on's". VOTE 5-0 COMPLAINT-Poplar Street Mr. Kozloski stated that he would make a re-inspection with Mr. Harpin. CERTIFICATE OF COMPLIANCE-Lot 21 MurieI Lane At the last meeting the Commission voted to issue this Certificate pending a favorable inspection by a Commission member. The Commission received a copy of a memo from the Engineering Department outlining problems with grading and other issues on this lot. Motion was made by Mr. Soticheck and seconded by Mr. Harpin to deny a Certificate of Compliance on Lot 21 Muriel Lane until the Engineering Department issues have been addressed. VOTE 5-0' CERTIFICATES OF COMPLIANCE -Lots 24 &25 Coyote Circle Mr. Kozloski recommended that these certificates be denied at this time as the grass is not growing yet. Motion was made by Mr. Soticheck and seconded by Mr. Harpin to deny the Certificates of Compliance for Lots 24 and 25 Coyote Circle as the grass is not growing yet. VOTE 5-0 The meeting adjourned at 7:20 PM. i AGAWAM CONSERVATION COMMISSION June 10,2004 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Steven Douglas Fred Harpin Mark Soticheck MEMBERS ABSENT: cri Frank Meagher ALSO PRESENT: Deborah S.Dachos to r- Pamela R. Edmunds Mr. Kozloski called the meeting to order at 6:30 PM. 1.. APPROVAL OF MINUTES -May 27, 2004 Motion was made by Mr. Soticheck and seconded by Ms. Becker to approve the minutes of May 27, 2004 as written. VOTE 5-0 2. REQUEST FOR DETERMINATION- 576 Southwick Street- Mass. Highway Dept. Dan Capaska of Mass. Highway Department District#2 was in attendance to go over this RDA. He explained that they planning to connect 576 Southwick Street to the municipal water system. There is an intermittent stream in back of the house that runs to a culvert under Route 57. Mr. Kozloski asked what side of the driveway they would be placing the water line. Mr. Capaska stated that it will be on the easterly side of the driveway(downhill side). Mr. Harpin asked if other houses in this area were to be tied in as well. Mr. Capaska stated yes, they are planning to connect houses 532, 540, 550, 576, 592 and 605. After reviewing the plan and the homes to be connected, Mr. Capaska asked if this RDA could be amended to,include house#592 as well which is further from the intermittent stream than 576. Mr.Kozloski stated that he made a site inspection of 576. He pointed out that the plan is incorrect as it shows the waterline going on the westerly side of that driveway. Mr.Capaska apologized and stated that was a drafting error and that it will in fact be on the easterly side. Motion was made by Mr. Soticheck and seconded by Mr. Douglas to issue a Negative Determination of Applicability for the proposed connection to the municipal water system by the Mass. Highway Department at house numbers 532, 540, 550, 576, 592 and 605 Southwick Street stipulating that the water line be placed on the easterly side of the driveway at 576 and that the Commission be notified prior to this work taking place. VOTE 5-0 Agawam Conservation Commission June 10,2004 Page 2 _ 3. PUBLIC HEARING -Notice of Intent-Lot 52 Spear Farm Road Ron Huot of Anderson Associates presented this Notice of Intent which shows the construction of a single family home. He explained that there are wetlands on the adjacent property owned by the Town of Agawam. This lot contains a portion of the 100' buffer to that wetland. A silt fence will be placed along the properly line. The Engineering Department submitted comments on this filing, one of which is the need to show the septic system location on the plan. Mr. Hot stated that they have perked the lot and will show the septic system on a revised plan. He stated that it will be well outside of the buffer zone. Mr. Kozloski stated that he went to the site and there is an electrical box that has fallen over and dumping has occurred in the area. He asked that the approximate location of the property line adjacent to the Town of Agawam property be staked. He reiterated the need to show the septic system on the plan. There was no public input this evening. DEP has not yet issued a file number for this project,therefore,the Commission continued the public hearing to the next meeting. 4. REQUEST FOR DETERMINATION- 75 Memory Lane- Chauvin Mr. Chauvin was in attendance this evening. He explained that he is proposing an addition to his existing home. A small portion of the work is within the 100'buffer zone to a wetland. Mr. Kozloski asked if haybales were going to be placed.. Mr. Chauvin stated if the Commission requires him to place haybales he will. Mr. Kozloski stated that he has been to the site and that it is very flat and the lawn is well kept. He suggested that the Commission be notified prior to the work and can determine at that time if haybales are needed. The contractor that will be doing the work was also in attendance. He stated that any dirt excavated will be hauled from the area by wheel barrows on the driveway side. Motion was made by Mr. Soticheck and seconded by Mr. Douglas to issue a Negative Determination of Applicability for Chauvin.at 75 Memory Lane. VOTE 5-0 5. PUBLIC HEARING CONT. -Notice of Intent- Suffield Street- Pananas The Commission continued this public hearing for two weeks at the request of the applicant's representative. 6. CERTIFICATE OF COMPLIANCE- Lot S Cottonwood Lane Mr. Kozloski made this inspection and recommended that a Certificate be issued at this time. Motion was made by Ms. Becker and seconded by Mr. Harpin to issue a Certificate of Agawam Conservation Commission June 10, 2004 Page 3 ._ Compliance for Lot 8 Cottonwood Lane. VOTE 5-0 7. ENFORCEMENT ORDER UPDATE -Wild Turkey Estates The Commission received a memo from the Engineering Department updating them on the progress being made on this project. The Town is working on a drainage survey and should be completed within the next two weeks. Mr. Kozloski explained that another Enforcement Order was issued for lots 1 and 2. Motion was made by Mr. Soticheck and seconded by Mr.Douglas to amend the agenda to include Enforcement Order-Wild Turkey Estates (ratify). VOTE 5-0 Mr.Kozloski explained that the Town Engineer informed him that water is ponding as a result of a drainage ditch being silted in adjacent to lots 1 and 2. The Enforcement Order.states that no building shall be allowed on these lots until the problem has been addressed. Motion was made by Mr. Soticheck and seconded by Ms. Becker to ratify the Enforcement Order issued on lots 1 and 2 Wild Turkey Estates. VOTE 5-0 10. COMPLAINT- Silver Lake Drive Mr. Kozloski stated that he went out on this complaint and sent a letter to the homeowner. He stated that the violation was minor as the trees that were cut were dead. The letter stated that any branches left behind are to be removed by hand. 11. CERTIFICATE OF COMPLIANCE- Lot 21 Muriel Lane Mr. Kozloski stated he would make this inspection next week. Motion was made by Mr. Douglas and seconded by Ms. Becker to issue a Certificate of Compliance on lot 21 Muriel Lane based upon a favorable inspection by a Commission member. VOTE 5-0 Motion was made by Mr. Soticheck and seconded by Ms. Becker to amend the agenda to include "Six Flags". Agawam Conservation Commission June 10, 2004 . Page 4 VOTE 5-0 Mr. Kozloski and Mr. Harpin were contacted by Six Flags to inspect the plantings that were done as part of the parking lot project. Approximately 3500 plants were placed in the area. The meeting adjourned at 7:10 PM.