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2005 AGAWAM CONSERVATION COMMISSION (MEETING MINUTES) J� _. _._. . � ----- r AGAWAM CONSERVATION COMMISSION December 8, 2005 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Steven Douglas Fred Harpin Frank Meagher Jill Messick Mark Soticheck v ALSO PRESENT: Deborah S. Dachas Pamela R. Edmunds Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES - October 27, and November 10, 2005 Motion was made by Mr. Harpin and seconded by Ms. Becker to approve the minutes of October 27, and November 10, 2005 as written. VOTE 7-0 2. REQUEST FOR DETERMINATION -Witheridge Street - Kot Mr. Kozloski stated that there was water flowing in the stream on this property when an on-site was recently conducted. Mr. Maronn of D.L. Bean, Inc. stated that the stream is not shown on USGS maps and that it may be seepage from groundwater. Mr. Kozloski stated that the sewer may be intercepting it. Martin Andruss, Horsham Place stated that there is always water flowing through there and that he has never seen it dry. Mr. Kozloski stated that the could act on the wetland delineation this evening,however, classification of the stream must wait until the Spring. Motion was-made by Mr. Harpin and seconded by Ms. Messick to issue a Positive Determination of Applicability for Kot, Witheridge Street, approving the wetland boundaries as shown but waiting until the Spring to determine if the stream is intermittent or perennial. VOTE 7-0 r Agawam Conservation Commission December S, 2005 Page 2 3. REQUEST FOR DETERMINATION"-Rising Street -Rosati Mr. Rosati was in attendance to present this RDA for a proposed 26' x 24' addition to his existing home. There is a drainage easement just off of his property. Mr. Kozloski met on-site with him to view the area. He found that there is a pond and wetland just off the property. Mr. Soticheck asked that the Commission be notified when the work is to begin. Motion was made by Mr. Soticheck and seconded by Mr. Douglas to issue a Negative Determination of Applicability for Rosati on Rising Street,requiring that the Commission be notified prior to this work commencing. VOTE 7-0 4. REQUEST FOR DETERMINATION - Nolan Lane - Fortunato Gilbert Fortunato was in attendance to present this RDA for the construction of a fence along his north boundary line. The fence would go through a wetland. He stated that the purpose of the fence is to prevent further dumping of yard waste in this area. Mr. Kozloski explained that there is an ongoing problem with neighbors dumping in this area. He had scheduled a site visit with the abutter on North Street, however, it must be re-scheduled. He also stated that putting the fence through the wetland may be a problem. Mr. Fortunato stated that he does not want to be 'responsible for paying to have this debris removed. He also stated that he has hired a surveyor to locate the exact boundary of his property and that should be done by the end of December. He will submit a copy of the plan to the Commission. Motion was made by Mr. Harpin and seconded by Ms. Becker to continue the RDA for Fortunato on Nolan Lane for thirty days. VOTE 7-0 Motion was made by Mr. Harpin and seconded by Ms. Becker to amend the agenda to include the "add-on's". VOTE 7-0 10, REQUEST FOR EXTENSION - Connecticut Riverwalk and Bikeway Ms. Dachsos explained the Massachusetts Highway Department is going to be constructing the parking lot at Pynchon Point. An extension would allow for that work. Agawam Conservation Commission December 8, 2005 Page 3 Motion was made by Mr. Harpin and seconded by Ms. Becker to approve a two year extension to the Order of Conditions for the Bike Path on River Road. VOTE 7-0 Motion was made by Mr. Harpin and seconded by Mr. Douglas to add to the agenda: Certificate of Compliance- Country Estates Nursing Home- Suffield Street. VOTE 7-0 Mr. Kozloski stated that he made an on-site inspection and found that the silt fence has now been removed (last addition to Country Estates Nursing Home). The drainage issue will be addressed with new nursing home proposal. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue a Certificate of Compliance on the last addition to the Country Estates Nursing Home. VOTE 7-0 8. DISCUSSION - Cirillo - Main Street This item was removed from the agenda as Mr. Cirillo is not making any changes to his plan at this time. 5. REQUEST FOR DETERMINATION - Corner of Shoemaker Lane & S. Westfield St. - Hunter Development Co. Mason Maronn of D.L. Bean, Inc. presented this RDA for wetland delineation on the corner of Shoemaker Lane and South Westfield Street. Members of the Commission walked the site yesterday and were in agreement with the wetland boundary as flagged and shown on the plan. Motion was made by Mr. Meagher and seconded by Mr. Soticheck to issue a Positive Determination of Applicability for Hunter Development Co., the corner of Shoemaker Lane and South Westfield Street. VOTE 7-0 6. PUBLIC HEARING CONT. -Notice of Intent- Federal Street- Savonin Since the last meeting, an on-site was held. Engineering Department comments are to be addressed. One of the Engineering Department comments is that no deck,patio or other Agawam Conservation Commission December S, 2005 Page 4 impervious area is shown behind the house and that further work in this area would require another wetland filing. Mr. Kozloski stated that lot 1 cannot be built on presently, under the regulations. The owner of the lot, Vitaly Dzhenzherukha was in attendance along with his associate, Sergay Savonin. Mr. Kozloski stated that nothing can be done on lot 1, it must remain undisturbed. He suggested that it be combined with the other lot. He confirmed that the owner understood this and he stated yes,he understands. Mr. Huot stated that, for the record, he advised his clients that this property should not have been divided into three lots,but two (including the existing home). Mr. Kozloski asked if the sewer had been designed yet for this lot. Ron Huot of Anderson Associates prepared this plan and was in attendance this evening also. He stated that he is proposing an ejector pump but will do what the Town Engineer asks. There was no public input this evening. The Commission dosed the public hearing. The Order of Conditions was written at the end of the meeting. 12. DISCUSSION - Moore Street - Savonin Sergay Savonin and Ron Huot were present to discuss Moore Street. Mr. Huot stated that Mr. Savonin is the current owner and wishes to place larger houses on these two lots than were approved for Peter Maynard. Mr. Huot stated that the Engineering Department has reviewed the revised plan which shows the same grading, swales, and top of wall elevations are shown, however, cellars have been shown. Footing drains to the roadway are provided and he has added a versaloc wall - 4'high, with two 6"perforated pipes for groundwater. It is capped on the street side so that it will drain to the rear. There is room for trees to be planted (hemlocks) and there is room for a yard drain. The houses were moved to 35' setback. Mr. Kozloski asked how deep the cellars would be. Mr. Huot stated the top of wall is at 109, finished first floor is 101.5 - they would be 5.5'to 6' in the ground. He also stated that Mr. Savonin dug a hole and hit water at 6'. He went on to say that he did not witness that. Mr. Kozloski asked when that was done. Mr. Savonin stated it was during the summer. Mr. Kozloski asked what the elevation of the wetland was. Mr. Huot stated 101.5 -the same elevation as the cellar. Mr. Kozloski stated that this would have significant impacts on the wetland. Mr. Huot asked whether the Commission would prefer that these houses be built on slabs rather than with cellars. Mr. Kozloski stated that.could not be acted on tonight as the abutters would have to be notified and another public hearing would be required. Mr. Savonin stated that he would file for an amendment. 13, DISCUSSION - Jennie Circle Mr.Kozloski and Mr. Harpin made a site visit to 34 Jennie Circle after a recent heavy rain. The owner of the property contacted the Commission because she has lost part of her embankment in her backyard from stream erosion and is concerned that it will effect her deck. She has hired a landscaper to stabilize the area. Mr. Kozloski stated that this work could be done under an emergency order. The members agreed to send her a letter stating that she is to notify the Conservation Commission of her timetable and that she should attend a Commission meeting f . + Agawam Conservation Commission December 8, 2005 Page 5 with her contractor first. The Commission then wrote the Order of Conditions for Federal Street. A copy can be obtained from the Town Clerk's office or the Commission office. Motion was made by Mr. Soticheck and seconded by Ms. Becker to issue the Order of Conditions for Federal Street as written. VOTE 6-0-1 (Harpin abstained) The meeting adjourned at 7:40 PM. /ten AGAWAM CONSERVATION COMMISSION October 27, 2005 MEMBERS PRESENT: Henry A. Kozloski,Chairman Sheryl Becker Steven Douglas Mark Soticheck Frank Meagher- 6:40 PM Fred Harpin - 6:45 PM ALSO PRESENT: C v Deborah S. Dachos o Pamela R. Edmunds Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES - September 8 & 22,2005 and October 13, 2005 Motion was made by Ms. Becker and seconded by Mr. Soticheck to approve the minutes of September 8, 2005 as written. VOTE 4-0 Motion was made by Mr. Soticheck and seconded by Ms. Becker to approve the minutes of September 22, 2005 as written. VOTE 4-0 Motion was made by Mr. Soticheck and seconded by Mr. Douglas to approve the minutes of October 13, 2005 with a correction to page 1 "Request for Determination - Anvil Street"to add that a site walk was conducted by Mr. Kozloski and Mr. Meagher. VOTE 4-0 2. PUBLIC HEARING -Notice of intent - Federal Street- Savonin Joseph Petronino of Environmental Services presented this Notice of Intent which shows the construction of a single family home in the outer riparian zone to a"river". He explained that the house will be approximately 167' from the mean annual high water line and that the area is presently mostly lawn and apple trees. The limit of work line is approximately 144' from riverfront area. Plantings are proposed along the limit of work line. Total disturbance equals 13,330 SF - disturbance within the outer riparian zone equals 2,864 SF. Engineering Department comments recommend that all roof leaders and runoff from new impervious areas be directed to Agawam Conservation Commission October 27, 2005 Page 2 in-ground infiltration structures which are appropriately sized. Mr. Petronino suggested that downspout maintenance be added to the Order of Conditions. Mr. Kozloski asked if an alternatives analysis had been done per DEP comments. Mr. Petronino stated that the property owner does not own any other land in Agawam so any mitigation is limited to this lot itself. He explained that the house was moved to provide for the least amount of impact to the riverfront area. Mr. Kozloski then asked for.any public input. Ron Plante, 31 Federal Street questioned the sewer tie-in and stated that houses in this area have experienced problems with backups this year. Mr. Kozloski stated that one of the Engineering Department comments states "sewering of lot 3 would at a minimum require the owner to install, mtaintain and operate a grinder pump system for sewer flows. This is based upon records researched by the DPW. Additional measures may be required based upon field investigation and availability of sewer to the site." Mr. Plante also asked if the existing guardrail would remain as this is a dangerous curve. Ron Huot of Anderson Associates was also in attendance this evening. He stated that a portion of the guardrail will be removed for the driveway but the rest will remain. Gail Hansmann, 54 Colonial Avenue addressed the Commission and showed pictures of the "riverfront area"where she regularly sees ducks and geese. She stated that a pile of dirt has been dumped in the riverfront area on this lot and that trees have been cut and holes have been dug. She stated that the property"dips"and that fill will be needed. She also showed photos of recent flooding and the pile of dirt. She feels this area needs stoma damage controls and protection of wildlife habitat. She stated that a culvert was broken and the area flooded but the culvert has since been fixed. Ms. Becker stated that a mitigation plan must be adhered to and that the Commission has an obligation to uphold the law. Mr. Kozloski explained the"Rivers Protection Act" and that it is possible to build in the outer riparian zone with up to 10%of disturbance or mitigation must be provided. He also stated that while on a site visit he observed debris in the brook which is blocking the flow. He stated that the debris was on another property other than the subject site. He offered to walk the brook with the abutters to look at it and determine if the removal of debris would allow for better flow. He stated that an on-site will be held with members to verify the wetland boundary and at that time the piles of dirt will be addressed. Mary Jo Guy, 44 Colonial Avenue stated that she does not want trees cut down near the brook. Mr. Kozloski explained that 100' on each side of the brook will be undisturbed. The owner of the property,Vitataly Dzhenzherukha, stated that no trees were cut in the 100' buffer and that no dirt was placed there either. Mr. Kozloski stated that a new driveway was cut and is within 200' of the"river" and that fill was placed where the old pool was located without permission. Mr. Dzhenzherukha stated that he is working in this area to improve the neighborhood. Mr.Kozloski stated that the work that has already taken place was done without the Commission's permission. Agawam Conservation Commission October 27, 2005 Page 3 An on-site was scheduled for Monday, November 7tb at 3:00 PM. Mr. Kozloski continued the public hearing to the next meeting. 3. PUBLIC HEARING -Amendment to Order of Conditions - Main St. - Cirillo Anthony Cirillo was in attendance to explain that the building inspector has required him to have two existing concrete walls to be certified. In order to get certification he is proposing to place fill approximately 6' in and to plant grass in the area. Mr. Kozloski asked what the slope would be on the fill. Mr. Cirillo stated that it would be a 4:1 slope to that he is able to seed it and maintain it. Mr. Kozloski asked if a fence was proposed. Mr. Cirillo stated that a stockade fence will be placed and that if this work is not allowed, he would have to take the wall down. Motion was made by Mr. Soticheck and seconded by Mr. Douglas that the proposed fill behind the concrete wall on the Cirillo property at 1508 Main Street is not a significant change and the Order is amended to allow this work. VOTE 5-0 4. PUBLIC HEARING -Amendment to Order of Conditions - Moore Street- Savonin Sergay Savonin was in attendance to request an amendment to the Order of Conditions that the Commission issued to Peter Maynard for two lots on Moore Street. He stated that he now owns the lots and wishes to building larger duplexes than were originally approved. Ron Huot of Anderson Associates was also in attendance. He stated that he has staked out the two houses and they are request building envelopes of 56'x 44'. The original plan shows a swale along the north side of lot 2. He stated that with the larger building envelope they are still able to provide the swale but it would now be 16'from the house rather than 22' as shown on the approved plan. The proposed yard drain would be in the same location. He went on to say that a retaining wall would be needed on lot 1 with the larger building envelope. Also the building on that lot would be moved 25' closer to the souther property line. Mr.Kozloski asked if cellars are proposed as the original plan shows slabs. Mr. Savonin stated yes he is proposing cellars. Mr. Kozloski asked if borings were taken. Mr. Savonin stated that he has done borings and that the lowest spot he encountered approximately 5.5'to water and that he would dig 4'down for the cellars. Mr. Huot stated that they could leave a T wall exposed and that extra will would be needed for the driveways. Mr. Kozloski then asked for any public input. Jacqueline Deschennes, 61 Valley Street stated that her deed contains "brook rights" and that Mr. Maynard tore out trees and installed a pipe illegally and that she now has significant flooding. Penny Hardick, 40 Moore Street stated that she lives in the duplex that abuts this property to the south where the retaining wall is proposed. She stated that her backyard is always wet and that Agawam Conservation Commission October 27, 2005 Page 4 there is no drainage in Moore Street and that issue needs to be addressed. Ron Santanello, 46 Moore Street stated that there is a second catch basin at his driveway and that the water does not get into it. He stated that the water flows right down the lull on Moore Street and causes severe flooding at the bottom of the hill. Mr. Kozloski stated that he has talked to the Engineering Department regarding that problem and encouraged the abutters to contact the DPW themselves as well. Mike Santaniello, 12 Moore Street stated that there is a catch basin at the corner of his house and there is a pipe out of the bank. He stated that no water gets into the catch basin that Mr. Maynard installed and that the pipe is causing severe erosion on the back of his property. He stated that he uses the silt to fill in potholes in front of his house. He also stated that Mr. Maynard did not plant trees as he was supposed to. Mrs. Dechennes then stated that the brook flows year round. Mr. Kozloski stated that he has been to the site during the summer months and witnessed the brook not running. Motion was made by Mr. Soticheck and seconded by W. Meagher that the proposed changes to the Moore Street lots are significant and require a New Notice of Intent filing. VOTE 6-0 5. PUBLIC HEARING CONT. -Notice of Intent- Suffield St. -Commonwealth Commun. This item was continued once again at the request of the applicant's reprentative. 6. PUBLIC HEARING CONT. -Notice of Intent - Gold Street - Suffield Street Partnership Randy Conklin of The O'Leary Co. was in attendance. He stated that the Engineering Department comments have now been addressed. A memo was sent to the Commission from Engineering stating the same. There being no public input, Mr. Kozloski closed the public hearing. The Commission then wrote the Order of Conditions, a copy of which may be obtained from the Town Clerk's office or the Conservation Commission office. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to issue the Order of Conditions for Suffield Street Partnership on Gold Street as written. VOTE 6-0 a Agawam Conservation Commission October 27, 2005 Pale 5 _ 7. COMPLAINT -Federal Street Mr. Kozloski stated that a driveway was put in on the Federal Street lot. He informed the property owner to cover the area with broken haybales to prevent any erosion. COMPLAINT- Jennie Circle Mr. Kozloski stated that he visited this site. The property owner wants to install a retaining wall as there has been severe erosion in the area recently. He informed her that a plan must be submitted for the Commission to review. There was nothing new to report on the Enforcement Orders,however,the Commission agreed to send a letter to Mr. Stellato on North Westfield Street. He has not yet addressed the Enforcement Order that was issued for dumping of landscaping debris in a wetland. The members asked to send a letter to Mr. Stellato stating that he must respond to the Commission or they will require legal action through DEP. The meeting adjourned at 7:50 PM. AGAWAM CONSERVATION COMMISSION October 13, 2005 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Fred Harpin Frank Meagher c3 Mark Soticheck MEMBERS ABSENT: Steven Douglas ALSO PRESENT: Pamela Edmunds w r Deborah Dachos Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES - August 25, September 8 &22, 2005 Motion was nude by Mr. Harpin and seconded by Ms. Becker to approve the minutes of August 25, 2005 as written. VOTE 5-0 Motion was made by Mr. Harpin and seconded by Ms. Becker to table approval of the September 8 and 22, 2005 minutes. VOTE 5-0 2. REQUEST FOR DETERMINATION CONT. Anvil Street- Calabrese Mason Maronn of D.L. Bean, Inc. was in attendance. He explained that Mr. Calabrese is. proposing a seven lot subdivision as an extension of Anvil Street. He stated that there are no jurisdictional wetlands on the property. A site walk was conducted by Mr. Kozloski and Mr. Meagher to confirm this. Mr. Kozloski stated that the final design of the detention basin and where it drains to may necessitate further filing is there is a wetland located just off the property. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue a Negative Determination of Applicability for Calabrese on Anvil Street with the condition that a new filing will be necessary if the drainage design changes. VOTE 5-0 Agawam Conservation Commission September 22, 2005 Page 2 3. PUBLIC HEARING CONT. -Notice of Intent- 1200 Suffield Street-Commonwealth Communities Rick Misiasek and Doug Goodman of Reinhardt Associates were in attendance this evening. Mr. Misiasek explained that the wetland delineation methodology was submitted(per DEP) and wetlands were delineated further off this site (per Conservation Commission). He also stated that per Town staff comments, the roadway has been moved; additional haybales have been shown; more information on the detention pond and its discharge were provided as well as an erosion and sedimentation plan. Mr. Goodman explained that his client is seeking preliminary approval from the Conservation Commission on this project. They are scheduled to appear before the Board of Appeals in early November. The Planning Board has given conceptual approval at this time. Mr. Goodman also stated that as part of the former small addition to Country Estates, the haybales were never removed. He explained that the owner was unaware of this and has agreed to remove the haybales immediately. Mr. Kozloski asked if approval was needed from the owners of Country Estates to allow for drainage from this project to enter the original detention basin. Mr. Misiazek explained that easements will be obtained for that. There was a lengthy discussion regarding the Commission giving preliminary approval. The Engineering Department is still reviewing the drainage calculations for the project. In conclusion,the members agreed they were in support of the major components of the project but that the public hearing remain open until the final design has been submitted and approved by the Engineering Department. Motion was made by Mr. Harpin and seconded by Mr. Meagher that the Commission agrees that the applicant(Commonwealth Communities)proceed with the preliminary plan as proposed for 1200 Suffield Street, with a final plan to be submitted for the Commission's approval. VOTE 5-0 The public hearing was continued. 4. ' PUBLIC HEARING CONT. - Gold Street- Suffield Street Partnership Brian Nicholas of The O'Leary Co.was in attendance. He explained that the plan has been revised but that the proposed work is still in the wetland buffer zone. A detention pond with a sediment forebay has been designed for the site. The Engineering Department has some additional comments which Mr.Nicholas explained will all be addressed prior to the next meeting. The Commission continued this public hearing to the next meeting. 5. ANRAD CONT. - Shoemaker Lane - Zielinski Joe Petronino of Environmental Services was in attendance along with Tim Zielinski. A plan was submitted which shows the test hole locations. Mr. Kozloski stated that he and Mr. Harpin Agawam Conservation Commission September 22, 2005 Page 3 met with Mr. Zielinski and dug their own test holes. He stated they went down as far as five feet and did not encounter groundwater. He also stated that the first 18" is loam with clay below. Motion was made by Mr. Soticheck and seconded by Mr. Harpin to approve the Abbreviated Notice of Resource Area Delineation for Zielinski on Shoemaker Lane as shown on the revised plan. VOTE 5-0 6. DISCUSSION - Moore Street Sergay Savonin attended this meeting. He explained that he has purchased a lot on Moore Street on which there is an Order of Conditions issued to Peter Maynard. Mr. Savonin stated that he would like to construct a larger duplex than what is shown on the approved plan. He stated that he has received a building permit for the larger duplex with a two car garage. Mr. Kozloski stated that the biggest concern on this lot is the swale which is approximately 22 feet from the house as shown on the approved plan. With the larger footprint, the swale would be approximately 16' from the house. Motion was made by Mr. Harpin and seconded by Ms. Becker that the proposed change to the footprint on Moore Street would require an amendment to the Order of Conditions. VOTE 5-0 7. ENFORCEMENT ORDER- Suffield Street-Tirone Mr. Kozloski stated that this item should stay on the agenda until he has planted the trees that he has been required to do. B'Shara-River Road- Mr. Kozloski stated that the river has been too high to work in this area. Gunn Geary Lane- Mr. Kozloski has not yet made a site visit. Wild Turkey Estates - Mr. Kozloski stated that he made a site visit this past Sunday morning after the heavy rain that occurred. He did not see any water in the detention basin and found no evidence of flooding on Forest Hill Road. Motion was made by Mr. Harpin and seconded by Mr. Meagher to amend the agenda to include the"add-on's". VOTE 5-0 Agawam Conservation Commission September 22, 2005 Page 4 9. PRE-CONSTRUCTION MEETING- Giroux Estates - Poplar Development LLC Tom Lucia of Poplar Development LLC was in attendance. The Commission members went over his Order of Conditions with him. He stated that the silt fence has been installed, the DEP sign with file number is up; and the trees have been cleared from the detention pond area. He stated that he understood all of the requirements in the Order. 10. DISCUSSION - Main Street- Cirillo Mr. Cirillo was in attendance this evening to inform the Commission that there are two walls on this property which the Building Inspector is requiring be certified. In order to certify the back wall, approximately b'to 8' of fill be placed behind the wall or he would have to tear it down. He would now like to fill the area to the foundation of the old barn and trap rock a portion and plant grass. He stated that it is an approximate 50' x 40' area and he would like to place picnic tables there as well as additional parking. He would like to fill all the way back to the slope and place mulch and junipers. Mr. Kozloski questioned how that would affect the riverftont restoration as it would be a decrease in grass from the approved plan. Mr. Soticheck stated that a new plan should be submitted to the Commission which would require an amendment to the Order of Conditions as well as another public hearing. Mr. Cirillo agreed to that. 11. CERTIFICATE OF COMPLIANCE - Lot 21 Blair's Hill Road Lot 21 Muriel Lane Motion was made by Mr. Harpin and seconded by Mr. Becker to issue Certificates of Compliance on Lot 21 Blair's Hill Road and Lot 21 Muriel Lane conditional upon a favorable inspection by a Commission member. VOTE 5-0 12. DISCUSSION - Moreau Place Mr. Kozloski explained to the Commission that the owners of a lot on Moreau Place had come into the Commission office regarding a small (8'x 1 O� shed that they would like to place in their backyard. The shed will be placed on stone. The members discussed the proposal and agreed no filing would be necessary as the shed will be placed on stone and will be approximately 12'off the back of the house. DISCUSSION -Valley Street Mr. Kozloski explained that he made a site visit to 31/33 Valley Street as the owner wishes to place fill on the property. He found that the property was out of the Commission's jurisdiction, Agawam Conservation Conunission September 22, 2005 Pie 5 however,while conducting this site visit he noticed that fill had place on the property across the street(river side of Valley Street). A letter has been sent to the property owner stating that this fill may be in violation of the Act and that there is also a Town drainage easement on this property. He was requested to contact the Commission as soon as possible. The meeting adjourned at 7:45 PM. w • AGAWAM CONSERVATION COMMISSION September 22, 2005 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Fred Harpin Steven Douglas Frank Meagher MEMBERS ABSENT: Mark Soticheck ALSO PRESENT: co ' Pamela R. Edmunds Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES -August 25 and September 8, 2005 Motion was made by Mr. Harpin and seconded by Mr. Douglas to table the August 25 and September 8, 2005 minutes. VOTE 5-0 2. REQUEST FOR DETERMINATION - Anvil Street- Calabrese Marc Shute of D.L. Bean, Inc. was in attendance to present this RDA for the purpose of constructing a subdivision. Mr. Kozloski stated that without knowing where the drainage for the subdivision is going it is difficult to act on the RDA. He stated that he spoke with the Town Engineer and it is still possible that an easement and swale may be necessary to drain to a wetland off this property. The members agreed to meet on-site Tuesday at 3:00 to walk the property. This RDA was continued to the next meeting. 3. PUBLIC HEARING-Notice of Intent- 1200 Suffield Street- Commonwealth Communities Rick Misiasek of Reinhardt Associates was in attendance along with Chris Parent of Environmental Compliance Services. Mr. Misiasek explained that this is a 17.5 acre site just southwest of the Country Estates Nursing Home. A wetland delineation has been done on the property with two wetland areas. Wetland area#1 is located in a low area adjacent to an existing retention basin and was delineated based on hydric soil properties. Wetland area#2 is located north of wetland area#1 and which serves as a drainage channel which drains upland areas into the detention basin.This area was delineated based on vegetation and also a soil investigation. Agawam Conservation Commission September 22,2005 Page 2 The proposal is to construct an approximately 59,000 sf building with roadway. The roadway will cross a wetland. Approximately 1,000 sf of wetland disturbance is shown with 1100 sf of wetland restoration being proposed. A detention pond is proposed. Deep sump catch basins will be constructed as well as a sediment forebay. A maintenance plan has been prepared. Silt fence and haybales are shown for erosion control. The wetland crossing will consist of either a 15" or two 12" culverts. Mr. Kozloski stated that there is currently water flowing off of this property onto the adjacent property which is creating a wetland. Mr. Misiasek stated that these are two separate projects by two separate entities. A meeting has been scheduled for Monday AM with the Town Engineer to go over their comments. Mr. Kozloski stated that he would provide them with a copy of the wetland delineation that was done previously on the adjacent property. DEP has not yet submitted comments or a file number for this project. The public hearing was continued to the next meeting. 4. PUBLIC HEARING CONT. - Leonard Street- Martin Joe Petronino of Environmental Services was in attendance along with Jim Moylan, the engineer who prepared by the plan. Mr. Moylan stated that the plan now shows the top of wall. Mr. Harpin asked for the elevation of the garage. Mr. Moylan stated it is at 58.17 (4" below the finished basement floor). Mr. Kozloski asked how the water would get to the compensatory flood storage area at the rear of the site. Mr. Moylan stated that there is an existing hydraulic connection from the front of the property to the back, along the property line. There is a note on the plan stated that this hydraulic connection is to be maintained. There being no public input, Mr.Kozloski closed the public hearing. The Order of Conditions will be written at the end of the meeting. 5. PUBLIC HEARING CONT. -Notice of Intent- Gold St. - Suffield St. Partnership The applicant's representative requested that this hearing be continued once again as they are addressing Engineering concerns. 6. ANRAD CONT. - Shoemaker Lane-Zielinski Joe Petronino submitted a revised plan this evening which shows the location of the borings that were taken on this property. Additional hydric soils were found,however,no groundwater was found. Mr. Kozloski stated that the Commission would like to do their own borings. Mr. Petronino agreed to meet on-site with Mr. Kozloski when these borings are done. He requested that the Commission continue this item until their next meeting to allow the additional borings. Motion was made by Mr.Harpin and seconded by Ms. Becker to amend the agenda to include the "add-on's"and also Yarmouth Drive. VOTE 5-0 Agawam Conservation Commission September 22,2005 Page 3 DISCUSSION-Yarmouth Drive Dave Bean was in attendance with a revised plan for the Albano's drainage situation on Yarmouth Drive. Erosion controls have been added to the plan. The Engineering Department has not yet reviewed the latest plan. The members agreed that the Engineering Department review and approve this plan. 10. DISCUSSION-Zoning Amendment- The Commission received a copy of a proposed zoning amendment by the Planning Board regarding retail shopping centers. Motion was made by Mr. Douglas and seconded by Ms. Becker that the Commission has no comments at this time as they did not receive the proposal in time to review prior to this meeting. VOTE 5-0 11. DISCUSSION - Suffield Street Complaint Mr. Kozloski stated that he has been receiving further complaints from both neighbors on Suffield Street regarding work taking place on either site. The Commission agreed to send them both letters asking that they attend the next meeting. ORDER OF CONDITIONS -Leonard Street -Zyats The Commission wrote the Order of Conditions for Leonard Street. A copy can be obtained from the Town Clerk's office or the Commission's office. Motion was made by Mr. Harpin and seconded by Ms. Becker to issue the Order of Conditions for Zyats on Leonard Street as written. VOTE 5-0 ORDER OF CONDITIONS -Lot 2 Ridgeway Drive- Guiel Lot 3 Ridgeway Drive- Guiel The Commission wrote Orders of Conditions on both Lots 2 and 3 Ridgeway Drive. Motion was made by Ms. Becker and seconded by Mr. Douglas to issue the Order of Conditions for Guiel, Lot 2 Ridgeway Drive as written. VOTE 5-0 Agawam Conservation Commission September 22, 2005 Page 4 Motion was made by Mr. Meagher and seconded by Ms. Becker to issue the Order of Conditions for Guiel, Lot 3 Ridgeway Drive as written. VOTE 5-0 The meeting adjourned at 8:00 PM. AGAWAM CONSERVATION COMMISSION September 8, 2005 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Steven Douglas Fred Harpin Frank Meagher MEMBERS ABSENT: Mark Soticheck ALSO PRESENT: Pamela R. Edmunds w: t: CD c.^ Mr. Kozloski called the meeting to order at 6:30 PM. -4 1. APPROVAL OF MINUTES -August 25, 2005 Motion was made by Mr. Harpin and seconded by Ms. Becker to table the minutes of August 25, 2005. VOTE 5-0 2. PUBLIC HEARING-Notice of Intent- Leonard Street- Martin Joe Petronino of Environmental Services presented this Notice of Intent which shows the construction of a single family dwelling on property located within the 100 year floodplain. He stated that 3200 cf of compensatory flood storage will be provided at the rear of the property. The basement elevation of the house will be at 58.5 which will necessitate cut and fill on the site. A 3'high block wall is shown on the west side of the house. DEP has issued a file number, however, they requested incremental volumes be provided. Mr. Harpin asked if he had satisfied the Engineering Department comments. W. Petronino stated that a revised plan has been prepared. One of the Engineering Department comments is that an as-built plan stamped by an R.L.S. be submitted prior to the issuance of a Certificate of Compliance. Mr. Kozloski asked what the elevation of the garage would be. Mr. Petronino stated that the top of wall is not shown but he could request that information of the engineer that prepared the plan. Mr. Kozloski asked for any public input. Dave Raische, 181 Leonard Street stated that he the immediate abutter to the west. He is concerned with any possible runoff from this site onto his land. Mr. Petronino went over the proposed grading and explained how the compensatory flood storage area would work. Maureen Houle, 184 Leonard Street was also in attendance with concerns over drainage. The Commission Agawam Conservation Commission September 8, 2005 Page 2 continued this public hearing after a lengthy discussion on the elevation of the garage and how the water would get to the compensatory storage area on the site. Mr. Petronino agreed to have the engineer present at the next meeting to answer these questions. 3. PUBLIC HEARING CONT. - Gold Street - Suffield Street Partnership Members of the Commission met on-site today prior to the meeting. A continuance of the public hearing was requested as they are still addressing the drainage design on the site. The Commission continued the hearing to the next meeting. 4. ANRAD - Shoemaker Lane-Zielinski Borings were taken on the property as requested by the Commission. A hydrology/soil report has been submitted for their review. Mr. Zielinski requested this item be continued once again so that a revised plan can be prepared showing where the borings were taken. The Commission continued this item to their next meeting. 5. RATIFY EMERGENCY ORDER- Mass. Highway Department (MHD)- Main Street Mr. Kozloski explained that there was a washout of approximately 12'by 25'deep along the edge of Main Street in front of the Town Hall. MHD notified the office of this and Mr. Kozloski made an inspection and issued an emergency order on Tuesday. The washout has now been filled, riprapped and reseeded. Motion was made by Mr. Meagher and seconded by Mr. Harpin to ratify the Enforcement Order issued to the Massachusetts Highway Department for work on a washout on Main Street. VOTE 5-0 6. ORDER OF CONDITIONS - Lot 2 Ridgeway Drive- Guiel Lot 3 Ridgeway Drive- Guiel The applicant's representative has asked that the Commission continue this item as they are still addressing the Engineering Department comments. 7. ENFORCEMENT ORDER- Suffield Street-Tirone Mr. Kozloski stated that the grass is growing in the area that the Commission requested he seed. A re-inspection will be made next week. Agawam Conservation Commission September S, 2005 Page 3 ENFORCEMENT ORDER- B'Shara- River Road There was nothing new to report on B'Shara. ENFORCEMENT ORDER- Zymroz -North Westfield Street Mr. Kozloski stated that the area has been reseeded and stabilized.. A letter has been sent informing the owner that the Commission is satisfied with the corrective work he did. ENFORCEMENT ORDER-Wild Turkey Estates Mr. Kozloski has not had a chance to meet with the abutter who is concerned with corrective work on the stream. He will try to contact him again prior to the next meeting. Motion was made by Mr. Harpin and seconded by Mr. Douglas to amend the agenda to include the"add-on's". VOTE 5-0 9. DISCUSSION -Yarmouth Drive -Albano Dave Bean was in attendance along with Mr. and Mrs. Albano of Yarmouth Drive. The Albano's have had an ongoing drainage/flooding problem for years and the problem has gotten worse. There is a large portion of their backyard which is flooded and unusable. There is a brook that runs along the back property line. The brook has breached its bank and floods the vacant lot next door. The water then flows onto the Albano's property. Members of the Conservation Commission and the Town Engineer have met on this property and walked the area to view the flooding. The Albano's had requested permission from the rear abutters to restore the brook but was denied. Mr. Bean has been hired by the Albano's to prepare a plan to resolve this issue. The plan shows approximately l'of fill to be placed on the Albano's lot and a swale to carry the water from the vacant lot to the brook. Mr. Kozloski stated that there are willows and also a fence in the brook which has redirected the channel. He stated that the original brook channel in that area no longer exists. Mrs. Albano explained that the vacant lot next to her was originally a building lot and a foundation was placed and backfilled. According to her,the lot was never swaled correctly and the flooding gets worse every year. Mr. Kozloski asked what the depth of the swale would be. Mr. Bean stated it would be no deeper than 1'. Mr. Kozloski stated that when the brook floods it may push the water onto the other side. Mr. Bean stated that it is proposed to line the Swale with straw matting which has an approximate two year lifespan. He stated that it is used for moderate flow channels. Mr. Kozloski questioned whether DEP would understand the situation. Mr. Bean stated that he would revise the plan to show erosion controls and submit it to the Engineering Department for review. Agawam Conservation Commission September 8, 2005 Page 4 Motion was made by Mr. Meagher and seconded by Mr. Harpin to issue an Enforcement Order to the Albano's for corrective work on their property, with a final plan to be submitted at the next meeting. VOTE 5-0 10. DISCUSSION -Release of Lot 20 Coyote Circle Mr. Fazio has requested that the Commission release Lot 20 Coyote Circle to allow him to build on the lot at this time. The Commission had held lots 1 and 2 and 20 until drainage measures were addressed. Motion was made by Mr. Harpin and seconded by Mr. Douglas to release the Commission's hold on lot 20 Coyote Circle. VOTE 5-0 11. CERTIFICATE OF COMPLIANCE- Lot 4 Woodside Drive Mr. Kozloski stated he would make this inspection. Motion was made by Mr. Meagher and seconded by Mr. Harpin to issue a Certificate of Compliance on lot 4 Woodside Drive pending a favorable inspection by a Commission member. VOTE 5-0 12. COMPLAINT -Main Street(across from Six Flags) Mr. Kozloski stated that he attempted to address this complaint regarding fill being placed in a wetland behind a business on Main Street across from Six Flags New England. He could not find any evidence of the complaint. The meeting adjourned at 7:50 PM. � Y J ` r AGAWAM CONSERVATION COMMISSION August 25, 2005 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Steven Douglas Fred Harpin Frank Meagher MEMBERS ABSENT: Mark Soticheck ALSO PRESENT: Deborah S. Dachos Ca C_. The meeting was called to order by Mr. Kozloski at 6:30 PM. co 1. APPROVAL OF MINUTES - August 11, 2005 Motion was made by Mr. Harpin and seconded by Mr. Douglas to approve the minutes of August 11, 2005 as written. VOTE 5-0 2. PUBLIC HEARING -Notice of Intent - Gold St. - Suffield St. Partnership Ward Smith, Valley Environmental Services was in attendance. He stated that the Engineering Department has not completed their review of this NOI and asked if a site visit could be scheduled with Commission members prior to the next meeting. The members agreed to meet on Thursday, September 8t' at 5:45 PM. Mr. Kozloski asked for any public input this everting. Theresa Charkiewicz of Mansion Woods cited previous problems with sedimentation getting into the brook in this area. She asked how the drainage would be handled. Mr. Smith explained that the Engineering Department is currently reviewing their drainage proposal. Mr. Kozloski stated that the Commission will require that all sediments be removed from the drainage structures on a regular basis. The Commission continued this hearing until their next meeting. 3. ANRAD CONT. - Shoemaker Lane - Zielinski This item was continued once again as the applicant is having soil borings done on the site. r Agawam Conservation Commission August 25, 2005 Page 2 4. PUBLIC HEARING CONT. -Notice of Intent- Main Street - Cirillo A revised plan has been submitted to address all concerns. The Planning Board will be acting on this Site Plan next week. The Commission closed this public hearing this evening and will write the Order of Conditions at the end of the meeting. The Order will be issued once the Planning Board has approved the plans and the correct revision dates can be reflected in the Order. 5. PUBLIC HEARING CONT. -Notice of Intent - Giroux Estates - Poplar Street Tom Lucia, developer, was in attendance along with Mark Reed of Heritage Surveys. A revised plan was submitted. He explained that the configuration of the detention pond has been revised per DEP; a trash rack was added; the house location on lot 4 was moved and an easement area has been provided to allow for an access path to the detention pond. Mr. Kozloski asked about the proposed subdivision adjacent to this property which is planned to connect to this street eventually. Mr. Reed stated that if Burlington Estates is developed, the cul-de-sac will be eliminated. There being no public input, Mr. Kozloski closed the public hearing. The Order will be written at the end of the meeting and will be issued after the Planning Board acts on the Definitive Plan, 6. ORDER OF CONDITIONS - Lot 2 Ridgeway Drive- Guiel Lot 3 Ridgeway Drive- Guiel This item was continued once again as the applicant's engineer is still making revisions to the plan for the Engineering Department. 7. ENFORCEMENT ORDER (update) - Suffield Street- Tirone Mr. Kozloski stated that he has begun to spread loam. He will re-inspect prior to the next meeting. B'Shara-This area is also to be loamed. A follow-up inspection will be conducted. Zymroz - Mr. Kozloski will re-inspect this property tomorrow. Gagne- Mr. Kozloski will be meeting with the property owner soon. She is removing debris from the brook area. Wild Turkey-Mr. Kozloski stated that one of the abutters is out of town until the second week of September. He will schedule a site visit with the abutter when he returns to discuss damage assessment of the brook in that area. The Commission then wrote the Order of Conditions for Giroux Estates. t Motion was made by Mr. Harpin and seconded by Mr. Meagher to issue the Order of Conditions * e Agawam Conservation Commission August 25, 2005 Page 3 for Giroux Estates as written, and to hold the Order until the Planning Board has acted on the subdivision. VOTE 5-0 At this time, Mr. Cirillo and his engineer, Ray Levesque entered the meeting to go over the changes that were made to the plan. Mr. Cirillo will be cleaning up all debris along the brook bank as part of their mitigation measures. He would like to plant white pines in the area. Mr. Kozloski asked that the Commission be notified prior to the plantings to determine the locations. Mr. Harpin recommended arborvitae rather than white pines. The Commission then wrote the Order of Conditions for Cirillo. Motion was made by Mr. Harpin and seconded by Mr. Douglas to issue the Order of Conditions for Cirillo on Main Street as written, and to hold the Order until the Planning Board has approved the Site Plan. VOTE 5-0 Mr. Kozloski closed the meeting at 7:20 PM. c Cleve AGAWAM CONSERVATION COMMISSION August 11, 2005 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Steven Douglas ' Frank Meagher Mark Soticheck MEMBERS ABSENT: Fred Harpin �r w it ALSO PRESENT: Pamela R. Edmunds The meeting was called to order by Mr. Kozloski at 6:30 PM. 1. APPROVAL OF MINUTES - July 14, 2005 Motion was made by Mr. Soticheck and seconded by Mr. Meagher to approve the minutes of July 14, 2005 as written. VOTE 5-0 2. REQUEST FOR DETERMINATION - Route 57-Mass. Highway Department Dan Kopaska, Environmental Engineer from MHD District#2 was in attendance to present this RDA. He explained that the proposed work will take place from east of the Route 75 bridge, east to the rotary for a total length of 2.2 miles. The maintenance work proposed will consist of pavement milling and resuracing with 2" of hot mix asphalt; adjusting and rebuilding drainage structures; installing new guardrail end treatments; removing and resetting guardrail; safety sight distance tree trimming and clearing; cleaning drainage structures and paved waterways; remove and reset edging, curb and curb inlets; installing pavement markings; installing snow plowable raised pavement markers; traffic controls and other incidental items of work. Mr. Kozloski asked what type of drainage work was proposed. Mr. Kopaska stated that they will remove/clean sediment from catchbasins and repair any paved waterways. Mr. Kozloski asked if any work was proposed on the catch basins on Corey Street. He stated that these basins drain to Town- owned land on School Street and he has noticed some sedimentation in them. Mr. Kopaska stated that cleaning of those basins would be at the discretion of the site engineer. Mr. Kozloski stated that they are flowing but these basins have an impact on the proposed Park on School Street_ He offered to meet on-site with a MHD representative. Mr. Kopaska stated that he would contact the office tomorrow. r 4 Agawam Conservation Commission August 11, 2005 Pale 2 Motion was made by Mr. Soticheck and seconded by Ms. Becker to issue a Negative Determination of Applicability for proposed maintenance work on Route 57 by the Massachusetts Highway Department. VOTE 5-0 3. REQUEST FOR DETERMINATION CONT. - River Road- Jago Donna Jago was in attendance this evening. The Commission continued this item at their last meeting to allow for Ms. Jago to gather more information on the construction of a two car garage and deck addition. She stated that her contractor has informed her that the two car garage will be built on sauna tubes and 4' deep cement pillars. She stated that would provide for minimal soil disruption and that any soil removed for the holes will be placed in her garden(not in the floodplain). She will place haybales during construction. Mr. Kozloski suggested that rather than provide a row of haybales, that she instead place two or three around each hole when it is dug. Ms. Jago agreed to that. Motion was made by Mr. Soticheck and seconded by Ms. Becker to issue a Negative Determination of Applicability for Jago on River Road. VOTE 5-0 5. ANR.AD CONT. - Shoemaker Lane- Zielinski This item was continued once again as the report on the test holes has not yet been submitted. 5. PUBLIC HEARING CONT. -Notice of Intent- Main Street- Cirillo This hearing was continued once again at the request of the applicant's representative. 7. PUBLIC HEARING CONT. -Notice of Intent -Poplar Street- Giroux Estates Tom Lucia-of Poplar Development LLC was in attendance. He stated that the Engineering Department has not yet completed their review of the revised plan. The members informed him that without the Engineering Department's sign off, they would not close the public hearing. The Commission continued this hearing to the next meeting. S. PUBLIC HEARING CONT. -Amendment to Order of Conditions -Veterans Cemetery Horace Aikman of Carol Johnson Associates was in attendance this evening. He explained that they have been working with the Engineering Department and have finally received a sign off on Agawam Conservation Commission August 11,2005 Page 3 this work which is a continuation of the first phase of the cemetery. There was no public input on this project,therefore the Commission closed the public hearing. Motion was made by Mr. Soticheck and seconded by Ms. Becker that the work proposed at the Veteran's Cemetery on Main Street does not require a new Notice of Intent. VOTE 5-0 Motion was made by Mr. Soticheck and seconded by Mr. Douglas to amend the Order of Conditions for the Veterans Cemetery as requested in"Request for Amended Order of Conditions -DEP #87-434 - Phase I Completion",prepared by Carol R. Johnson Associates, Inc., November 22, 2004, with the revisions as approved by the Agawam Engineering Department. VOTE 5-0 4. DISCUSSION - Chapter 90 Roadway Maintenance- DPW Jack Stone, DPW Superintendent, was in attendance to answer any questions on his proposed Chapter 90 Roadway Maintenance plan that he submitted. He stated that work will consist of milling 1" to 1.5" bituminous concrete surface and apply a stress absorbing membrane and then bituminous concrete. He stated that this will extend the life of the pavement. They proposed to place filter fabric over all catch basins and the millings will be swept immediately. No widening is proposed. Motion was made by Mr. Soticheck and seconded by Mr. Meagher that the work as outlined in the Chapter 90 Roadway Maintenance plan by the Agawam DPW for FY 05-06 meets the requirements under roadway maintenance and no further filing is required for this work. VOTE 5-0 9. REQUEST FOR EXTENSION- Order of Conditions -Willow Glenn H-Fether, Inc. Ms. Grimaldi has requested a one year extension to the Order of Conditions for Willow Glenn Estates Phase 11. Motion was made by Ms. Becker and seconded by Mr. Soticheck to extend the Order of Conditions for Willow Glenn Estates Phase II for one year. VOTE 5-0 Agawam Conservation Commission August 11, 2005 Page 4 10. ORDER OF CONDITIONS -Lot 2 Ridgeway Drive-Guiel ORDER OF CONDITIONS -Lot 3 Ridgeway Drive- Guiel The applicant's representative requested that the Commission continue these items once again as they are still addressing the Engineering Department comments. 11. CERTIFICATE OF COMPLIANCE-The Atrium- Cardinal Drive Mr. Kozloski made this inspection and has met with the Engineering Department. He recommended that a Certificate be issued at this time. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to issue a Certificate of Compliance for The Atrium on Cardinal Drive. VOTE 5-0 CERTIFICATE OF COMPLIANCE- 1804 Main Street-Lennie's Fiberglass Mr. Kozloski made this inspection and recommended that the Certificate be denied at this time as the restoration is not as shown on the approved Riverfront Restoration and Landscape Plan and that there is a plant that is taking over the area(Japanese Knotwood). Motion was made by Mr. Soticheck and seconded by Mr. Douglas to deny the Certificate of Compliance for 1804 Main Street as the riverfront restoration area is not as approved by the Commission. VOTE 5-0 CERTIFICATE OF COMPLIANCE - Lots I, 2 and 10 Windermere Mr. Kozloski agreed to make this inspection the following day. Motion was made by Mr. Soticheck and seconded by Ms. Becker to issue Certificates of Compliance for Lots 1,2 and 10 Windermere pending a favorable inspection by a Commission member. VOTE 5-0 12. ENFORCEMENT ORDER UPDATES - B'Shara-River Road Mr. B'Shara stated that he will have this work completed soon. L ' • L Agawam Conservation Commission August 11, 2005 Page 5 North Westfield Street-Zymroz Mr. Zymroz will contact the Commission once he has completed hydroseeding the banking as agreed to on-site with Mr. Kozloski. Wild Turkey Estates Mr. Kozloski stated that he has e-mailed the abutters to schedule a damage assessment on-site but has not finalized it yet. Motion was made by Mr. Soticheck and seconded by Ms. Becker to amend the agenda to include the"add-on's". VOTE 5-0 14. DISCUSSION - Suffield Street- Tirone Mr. Kozloski stated that Mr. Tirone has gone beyond the limit of work line on the site and recommended that an Enforcement Order be issued. Motion was made by Mr. Soticheck and seconded by Ms. Becker to issue an Enforcement Order to Tirone on Suffield Street stating that he has done work beyond the approved scope and that the area to the left of the house is to loamed and seeded within ten days and additional plantings in that area are required. VOTE 5-0 15. COMPLAINTS - Suffield Street (2) Mr. Kozloski stated that this complaint pertains to the Meissner property and is ongoing with the neighbors and that he and Mr. Harpin have found no violation. The second complaint is from Mr. Ramah regarding the property that Gary Suffriti is developing. Mr. Kozloski stated that the area is out of their jurisdiction. COMPLAINT- Silver Street Mr. Kozloski received a complaint of work taking place in a wetland off of Silver Street. Upon researching the Assessor's records, it was determined that the property may be owned by Rosati. A letter has been sent to Mr. Rosati asking that he contact the Commission to schedule an on- site. The meeting adjourned at 7:15 PM. AGAWAM CONSERVATION COMMISSION July 14,2005 MEMBERS PRESENT: Henry A. Kozloski,Chairman Sheryl Becker Steven Douglas Fred Harpin _ Frank Meagher Mark Soticheck ALSO PRESENT: Pamela R. Edmunds The meeting was called to order by Mr. Kozloski at 6:30 PM. 1. APPROVAL OF MINUTES - June 23 and April 28,2005 Motion was made by Mr. Soticheck and seconded by Mr. Douglas to approve the minutes of June 23,2005 and April 28, 2005 as written. VOTE 6-0 2. REQUEST FOR DETERMINATION -River Road -Jago Donna Jago was in attendance to present this RDA which shows the construction of an addition to her existing garage and an addition to the existing house and deck. She explained that the elevation in the areas of the additions is 59 to 60. Mr. Soticheck asked how far from the riverbank she would be working. She explained that it will be essentially right on the bank. Mr. Halpin asked what type of footings she would be using. Ms. Jago explained maybe 4' cement footings, her contractor would make that decision. Mr. Kozloski asked what type of foundation is in the old garage. Ms. Jago stated that it's not 4' cement. Mr.Kozloski stated that he spoke with the building inspector and was told that if the existing garage is on slab then the addition can be built on a slab but if the existing garage has concrete footings then the addition would have to also. There was a lengthy discussion regarding the type of foundation and extent of digging that would take place. In conclusion, Ms. Jago agreed to continue this RDA for two weeks to allow her to gather more information for the Commission. 3. ANRAD CONT. - Shoemaker Lane -Zielinski Joe Petronino of Environmental Services was in attendance. He explained that test borings on this property will begin next week at the request of the Commission. Mar. Kozloski asked if the area of concern was a drainage ditch. Mr. Petronino stated that he could flag that area. Mr. Kozloski stated that it may just be a drainage ditch. Mr. Petronino explained that the property Agawam Conservation Commission July 14,2005 Page 2 contains a"river" as well as two ditches. The wetland delineation was done in the winter. The Commission continued this ANRAD to the next meeting to allow for the additional information that they requested. 4. PUBLIC HEARING CONT. - Main Street- Cirillo Ray Levesque was in attendance with a revised plan. He explained that the layout of the site has changed to meet the parking requirements. The parking has been moved further back and the landscaped island/planter has been removed. A new curb is proposed for traffic circulation. The foundation of the old barn will be filled to be used for parking. The front wall of the existing building will be moved back approximately 8',the existing deck will stay, and a 26'x 20'paver area will be provided for picnic tables in the front. The dumpster location has been moved to the back of the building. A gravel/crushed stone area is proposed in the rear(not already paved). At the on-site that was held prior to the meeting,members asked that the banking be pulled back. Mr. Levesque stated that they will remove debris along the stream but to actually pull the banking back will be a major effort and a financial issue for his client. Mr. Harpin questioned why they don't exit traffic onto South Street as he feels that would be a safer alternative than just the curbeut on Main Street. Mr. Levesque explained that they no longer have a curb cut on South Street and they would lose parking spaces if they were to provide one. Mr. Kozloski stated that they could meet on-site with the Safety Officer if the members felt that was an issue. At this point the Commission continued the public hearing to allow for the Engineering Department's review of the revised plan. 5. PUBLIC HEARING CONT. -Notice of Intent- Poplar Street-Giroux Estates Mark Reed of Heritage Surveys was present along with the applicant,Tom Lucia. He stated that there is a bordering vegetated wetland just off this site at the rear and that the only work proposed is within the 50' and 100'buffer. The detention basin has been redesigned and now has a positive flow through the basin with a 6" wier at the bottom. The higher elevation wier(high pressure) has been eliminated and replaced with a concrete wier. He stated that the Town Engineer has not yet reviewed the revised plan. He referenced the Town Engineer's comments dated July 14, 2005 and item#2 in particular. He stated that the original plan called for a flared end pipe to a riprap plunge pool and that now the Town Engineer wants a concrete headwall to a riprap area which would require additional work in the 50'buffer zone. He asked if that was o.k, with the Commission. Mr. Harpin stated that if the Town Engineer is requiring it then the Commission will allow it. Mr. Reed stated that it can be done but is not required, only requested. He stated that the grades are very gradual. The Commission continued this hearing to the next meeting to allow time for the Engineering Department to complete their review of the revised plan. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to amend the agenda to include the"add-on's". VOTE 6-0 Agawam Conservation Commission July 14, 2005 Page 3 13. DISCUSSION - Order of Conditions - Suffield Street-Pananas Mr. Pananas was in attendance this evening to discuss the off-site mitigation at Pynchon Point that is part of his Order of Conditions for the Suffield Street project. Mr. Kozloski stated that the Town will remove the two concrete posts that exist. The work that Mr. Pananas must complete will require machinery and will require an environmentalist to be on-site. The members agreed that once Mr. Pananas has hired an environmentalist, they will meet with him to go over the mitigation plan. 6. ORDER OF CONDITIONS - Lot 2 Ridgeway Drive- Guiel 7. ORDER OF CONDITIONS - Lot 3 Ridgeway Drive- Guiel The applicant's representative requested that the Commission continue these items once again as they are working on providing the additional information that the Engineering Department requested. 8. CERTIFICATE OF COMPLIANCE - 1804 Main Street Motion was made by Mr. Soticheck and seconded by Mr. Douglas to issue a Certificate of Compliance for 1804 Main Street pending a favorable inspection by a Commission member. VOTE 6-0 9. ENFORCEMENT ORDERS (update) -River Road-B'Shara Mr. Kozloski stated that Mr. B'Shara informed him that planting in this area would begin next week. Wild Turkey Estates Mr. Kozloski stated that he will conduct a site visit next Wednesday. 12. CERTIFICATE OF COMPLIANCE - Lot 3 Woodside Drive Motion was made by Mr. Soticheck and seconded by Mr. Douglas to issue a Certificate of Compliance on Lot 3 Woodside Drive. VOTE 6-0 14. DISCUSSION -Agawam Sportsman's Club - Corey Street Agawam Conservation Commission July 14, 2005 Page 4 Mr. Kozloski added this item to the agenda to discuss with the members whether they would consider changing their vote on the Town's purchase of the Agawam Sportsman's Club property. The members discussed the issue and were in agreement that they did not have enough information to change their negative recommendation on the Chapter 61 B issue. Therefore their negative recommendation will remain. The meeting adjourned at 7:45 PM. r c AGAWAM CONSERVATION COMMISSION June 23, 2005 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Steven Douglas Fred Harpin Mark Soticheck MEMBERS ABSENT: Frank Meagher ALSO PRESENT: Deborah S. Dachos Pamela R. Edmunds N - Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES -June 9, 2005 Motion was made by Mr. Soticheck and seconded by Ms. Becker to approve the minutes of June 9, 2005 as written. VOTE 5-0 2. ANRAD - Shoemaker Lane- Zielinski Mr. Zielinski was in attendance this evening. His environmentalist could not be at the meeting. The property is over 100 acres and contains a stream. The members agreed to schedule a site walk for the following Tuesday. The ANRAD was continued to the next meeting. Motion was made by Mr. Soticheck and seconded by Ms. Becker to amend the agenda to include the"add-on's". VOTE 5-0 7. CERTIFICATE OF COMPLIANCE- Lots I and 5 Nolan Lane Mr. Kozloski and Mr. Harpin made these inspections and recommended that a Certificate be issued at this time for each lot. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue a Certificate of Compliance for Lots I and 5 Nolan Lane. VOTE 5-0 Agawam Conservation Commission June 23, 2005 Page 2 CERTIFICATE OF COMPLIANCE_Lots 43 and 44 Coyote Circle Mr. Kozloski and Mr. Harpin also made these inspections and recommended that Certificates be issued at this time. Motion was made by Mr. Douglas and seconded by Mr. Soticheck to issue Certificates of Compliance on Lots 43 and 44 Coyote Circle, VOTE 5-0 CERTIFICATE OF COMPLIANCE -Lot 1 Woodside Drive. Mr. Kozloski made this inspection 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 Lot 1 Woodside Drive. VOTE 5-0 13. CERTIFICATE OF COMPLIANCE- 86 Spear Farm Road An inspection of this lot has not yet been done. Mr.Kozloski agreed to do so. Motion was made by Mr. Harpin and seconded by Ms. Becker to issue a Certificate of Compliance on 86 Spear Farm Road pending a favorable inspection by a Commission member. VOTE 5-0 12. DISCUSSION- North Street&Nolan Lane Mr. Kozloski stated that while make the inspections for Certificates of Compliance he noticed dumping that has occurred behind lot 1 Nolan Lane on property on North Street. The members agreed to send a letter to the property owner stating that the area must be cleaned and no further dumping is allowed. 9. COMPLAINT - Chapin Street Mr. Harpin stated that he spoke with a neighbor in the area and was told that all of the neighbors use the area for dumping. Further investigation will be done to determine if the dumping is within a Town drainage easement. Agawam Conservation Commission June 23, 2005 Page 3 Motion was made by Mr. Soticheck and seconded by Mr. Douglas to add a discussion of Gunn Geary Lane to the agenda. VOTE 5-0 Mr. Soticheck asked if an Enforcement Order had been issued for the work taking place adjacent to a stream on Gunn Geary Lane. Mr. Kozloski stated that a letter had been sent. Motion was made by Mr. Soticheck and seconded by Ms. Becker to issue an Enforcement Order on Gunn Geary Lane property to clean up the brush that was dumped within 200' of the stream within two weeks. VOTE 5-0 4. PUBLIC HEARING CONT. -Notice of Intent- Giroux Estates This hearing was continued to allow for Engineering comments to be addressed. 5. ORDER OF CONDITIONS -Lot 2 Ridgeway Drive-Guiel b. ORDER OF CONDITIONS -Lot 3 Ridgeway Drive- Guiel The applicant's representative requested another extension of the time to write these Order of Conditions as they are obtaining the surveying information that the Engineering Department requested. S. ENFORCEMENT ORDER -B'Shara The members asked that a letter be sent to Mr. B'Shara asking for a timetable for completion of the restoration work that was approved. Motion was made by Mr. Soticheck and seconded by Mr. Harpin to add a discussion of the Bike Path to the agenda. VOTE 5-0 Ms. Dachos informed the Commission that the Beautification Committee has purchased two kiosks- one to be placed at either end of the bike path and three"doggy bag" stations. Upon discussion,the members agreed that the kiosks and "doggy bag"stations would not require a filing. Motion was made by Mr. Soticheck and seconded by Mr. Douglas to allow for the placement of two kiosks and three doggy bag stations at the bike path without further filing. VOTE 5-0 Y Agawam Conservation Commission June 23,2005 Page 4 3. PUBLIC HEARING -Notice of Intent- 1504-1510 Main Street- Cirillo Ray Levesque presented this Notice of Intent which shows one of the existing buildings on the site to be demolished and the second building will be converted to a take-out style restaurant. The second building will be modified by taking Toff the front of the building. The entire parcel is within the riverfront zone. Mr. Levesque stated that he flagged the mean annual high water mark and that the bordering vegetated wetland is within the mean annual high water line. The floodplain as mapped by FEMA is at elevation 57. The area of work on the site is at approximately 62. Clean up along the brook bank is proposed as well as planting of shrubs and trees. The rear portion of the lot is not paved. The barn has been removed. A planter/landscaped traffic island is proposed along Main Street. There was lengthy discussion regarding the placement of a dumpster on the site. The current location as shown on the plan is in the rear corner and will be trap rocked around it. Mr. Cirillo stated that he may not utilize a dumpster.. Mrs. Dachos pointed out that the dumpster must be fenced and screened. She also pointed out that Mr. Cirillo owes back taxes to the Town on this property and that the Commission cannot issue the Order of Conditions until those are paid(per local ordinance). DEP has not yet issued a file number for this project. The Engineering Department has prepared comments which Mr. Levesque stated will be addressed. Mr. Kozloski stated that rather than installing a silt fence as suggested in the Engineering Department comments, haybales would be better. Mr. Harpin asked where the employee parking is located. Mr. Cirillo stated that he will one or two employees at the most and has not designated an employee parking area yet. Mr. Levesque stated that the parking layout as shown will change. There was no public input this evening. The Commission continued the public hearing to the next meeting and scheduled a site visit for next week. I I., DISCUSSION - Chapter 61B -Agawam Sportsman's Club - 358 Corey Street Ms.Dachos explained that the Town has been notified of their right of first refusal under Chapter 6 1 B for the former Agawam Sportsman's Club property which contains approximately 5.5 acres. The purchase price far the property is$295,000. The members had received copies of a letter from DEP regarding possible contamination of this property due to the former use as a rifle range. There was a lengthy discussion regarding possible clean up costs of the site. Ms.Dachos stated that as a member of the Westmass Board of Directors she has knowledge of site clean ups such as the Chicopee River Industrial Park which had contained a rifle range at one time. She stated that clean up of that site included sift through all material and removing all bullet fragments. The soil was then encapsulated. Because shooting occurred over a pond at the Agawam Sportsman's Club, the pond may have to be dredged and underlying soils may have to be removed. She stated that the cost just for the analysis of the Chicopee site cost approximately $20,000 to $40,000. Mr. Soticheck stated that he worked on a similar site in New Hampshire where the pond was dredged and soil tests were done. He stated that clean up cost approximately $375,000. Mr. Harpin and Mr. Soticheck stated that they do not support the Town purchasing Agawam Conservation Commission June 23, 2005 Page 5 this site. Mr. Kozloski stated that he has done some research on brownfields and that there are federal.grants available for clean ups. Ms. Dachos then brought up the former Games and Lanes building which is still undergoing a clean up and there are many issues contributing to that clean up effort such as contamination from abutting sites. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to send a negative recommendation to the Mayor with regard to the Town exercising its right of first refusal on the former Agawam Sportsman's Club property as the purchase price may not be economically feasible due to the possible clean up costs associated with the potential contamination of the property. VOTE 5-0 Motion was made by Mr. Harpin and seconded by Mr. Soticheck to add a discussion of Pynchon Point to the agenda. VOTE 5-0 Dick Bennett,member of the Agawam Beautification Committee and Jill Messick were in attendance this evening to discuss Pynchon Point. Mr. Bennett suggested that the Community Service Program be utilized to do a cleanup of this area. Mr. Kozloski informed them of the Pananas project on Suffield Street which includes off-site riverfront mitigation on the Pynchon Point property. He also stated that the Conservation Commission will be applying for CPA funds to construct a handicapped access to the River. Also, as part of the Massachusetts Highway Department's plans to widen and improve River Road,they have agreed to fund the construction of a parking lot in this location. He stated that the River has been too high to do a clean up of the area and would like to coordinate all of these efforts to happen at the same time(Pananas riverfront mitigation, construction of handicapped access, clean up and construction of parking lot by Mass. Highway). The issue of the erosion and washout from the adjacent trucking concern was also discussed. In an effort to isolate this business from the Town-owned parcel, it was suggested that a fence be constructed. Mr. Harpin stated that a fence will not be sufficient and that a berm would be better to prevent the wheels from the large trucks from going over it. Jill Messick stated that she is a member of the local opposition group regarding the proposed shopping center on Tennis Road. Mr. Kozloski stated that a wetland delineation has been approved by the Commission on this property and that a Notice of Intent would be required if the zone change is granted and that they must follow the state regulations. Ms. Dachos stated that if that project were to move forward, the MEPA process would also be required. Ms. Messick thanked the Commission and Ms. Dachos for this information as it helps her to understand the permitting process. Agawam Conservation Commission June 23, 2005 Page 6 S. ENFORCEMENT ORDER (update) -Wild Turkey Estates Mr. Kozloski stated that they have shot the grades for the swale to the wetland and he gave permission for a large tree to be removed. Some dredging within the pond will be done. Engineering changes have been made to the outlet structure. Drainage work on lots 1 and 2 will begin soon. A site walk for the damage assessment of downstream properties will take place this Friday. 14. DISCUSSION - Zoning Amendment-retail shopping centers Ms. Dachos explained that the Town received a petition from registered voters for a proposed zoning amendment to Business B which would place restrictions on retail shopping centers. Restrictions/regulations would include issues such as landscaping,lighting,parking, buffers, etc. Motion was made by Mr. Soticheck and seconded by Mr. Douglas to make a decision on whether or not to support this amendment at a later date. VOTE 5-0 The meeting adjourned at 7:50 PM. AGAWAM CONSERVATION COMMISSION June 9, 2005 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker ; Steven Douglas t Fred Harpin Frank Meagher Mark Soticheck ALSO PRESENT: Pamela R. Edmunds Deborah S. Dachos r Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES -May 26, 2005 Motion was made by Mr. Meagher and seconded by Mr. Soticheck to approve the minutes of May 26, 2005 as written. VOTE 6-0 2. REQUEST FOR DETERMINATION - Robinson Park-Duzniewski Matthew Duzniewski appeared before the Commission this evening with an RDA for an Eagle Scout project that he is proposing. The project consists of the construction of a foot bridge on an existing path in Robinson Park. He stated that bikers and hikers frequently used this path and it has caused erosion. The Park Ranger has approved this work. The footings will be concrete block with rebar. Mr. Kozloski asked if the brook flows year round. Mr. Duzniewski stated yes. Mr. Kozloski asked when the work would take place. Mr. Duzniewski stated that it would be started at the beginning of the school year. He then explained that it is a 16' span, approximately F above the water. The stream is approximately 4.5'wide. The bridge will be constructed of pressure treated wood. Motion was made by Mr. Soticheck and seconded by Mr. Harpin to issue a Negative Determination of Applicability for Duzniewski in Robinson State Park,requiring that the Conservation Commission be notified prior to the work commencing. VOTE 6-0 Motion was made by Mr. Soticheck and seconded by Mr. Meagher to amend the agenda to include the"add-on's". VOTE 6-0 Agawam Conservation Commission June 9, 2005 Pale 2 _ 5. PUBLIC HEARING -Notice of Intent- Giroux Estates -Poplar St. -Poplar Dev. LLC. Mark Reed of Heritage Surveys was in attendance along with the applicant,Tom Lucia of Poplar Development LLC. Mr. Reed explained that this is a proposed subdivision off of Poplar Street which includes work in the 100'buffer zone. A wetland delineation was approved by the Commission last month. He explained that Lot 4 is within the 100'buffer which includes the detention basin. The detention basin and house are out of the 50'buffer. There is an emergency spillway from the detention pond(over 100 year storm) that is directed towards the bordering vegetated wetland. DEP has not yet issued a file number for this project and the Agawam Engineering Department has not completed their review of the filing. Mr. Kozloski pointed out that the wetland extends further onto abutting property and that there is also a headwater to a brook in that location. Mr. Reed stated that he is aware of that and it is approximately 200' away from this site. Test pits were dug and sand was found. At the edge of the detention basin, water was encountered at 80". Mr. Kozloski asked how deep the detention pond would be. Mr. Reed stated the bottom is at elevation 193 and the top is at elevation 197. The top of the outlet structure is at 95.5 and the bottom is at 93. He stated that the area is all sand and there would not be any standing water. Mr. Kozloski stated there could be water in the winter when it freezes. The limit of work line is at the 50'buffer. Erosion controls are shown. Mr. Kozloski questioned the placement of silt fence on abutting property. Mr. Reed stated that yes it will extend onto the abutting property and that there is an agreement/easement in place. Mr. Kozloski suggested that the silt fence be extended along the property line further and asked how many trees would be removed. Mr. Reed stated that the trees within the detention basin will be removed and approximately 12 trees will be removed for the house on that lot. He stated that there is a 34" oak tree on the site that they intend to save. Mr. Kozloski stated that the Commission may require additional plantings. There was no public input this evening. The Commission continued the public hearing to the next meeting. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to amend the order of the agenda. VOTE 6-0 8. COMPLAINTS - Chapin Street Mr. Kozloski and Mr. Harpin investigated this complaint and found that there has been filling of trees and brush in the brook area. They will do further investigation and notify the DPW as there is a town easement in that area. Agawam Conservation Commission June 9, 2005 Page 3 North Westfield Street Mr. Kozloski and Mr. Harpin met with a representative of the DPW to investigate the flooding complaints on Kellogg Avenue. While investigating these complaints,they found a violation at 136 North Westfield Street. Leaves and brush have been dumped in a wetland. Mr. Kozloski stated that this must be removed and that others may be responsible for the dumping. Motion was made by Mr. Soticheck and seconded by Mr. Douglas to issue an Enforcement Order to the owner of 136 North Westfield Street requiring a plan of restoration of the wetland. VOTE 6-0 Suffield Street Mr. Kozloski and Mr. Harpin investigated this complaint and are not sure if there is a violation. There is a pocket of water on the property which may be coming from the nursing home. Walter Meissner was in attendance. He owns the property that the complaint pertained to. He invited Commission members to his property. He stated that his neighbor has "built up"the property line and has brought in broken cinder blocks and fence posts. He stated that he is getting additional water on his property. Mr. Kozloski stated that complaint referenced trees being cut. He found evidence that the trees were cut some time ago. Mr. Meissner stated that he has replanted 42 trees on his property. 1510 Main Street - Cirillo Mr. Kozloski investigated this complaint regarding work taking place along the brook. He found that a ditch was dug. Mr. Cirillo was in attendance this evening. He explained that a Notice of Intent will be filed tomorrow for the proposed work on this site(proposed ice cream shop). He stated that he maintains the brook bank regularly and has cut a couple of dead trees. Mr. Kozloski agreed that this work can be addressed with the Notice of Intent. Mr. Cirillo stated that he is proposing to plant white pines. He stated that he will fill in the ditch. 10. REVIEW ORDER OF CONDITIONS - Barry Street- Anderson(DePalma) John DePalma was in attendance to go over this Order of Conditions (as required). He stated that they have purchased the property and will be building the house. Mr. Kozloski stated that this is a very sensitive site and that the plan must be adhered to - no deviations. There are many notes on the plan that Mr. Kozloski stated must be read and adhere to also. He stated that it is very important that they stay within the approved building envelope. There is a proposed foot path to connect to the existing foot bridge. He stated that they may need an environmentalist to tell them how to do the proposed planting on either side of the brook. Agawam Conservation Commission June 9, 2005 Page 4 7. ENFORCEMENT ORDER -Wild Turkey Estates Doug Dreyer of Wild Turkey Development LLC was in attendance. The Commission received a copy of a letter from Gagliarducci Construction stating that the work in the detention basin and swale will be completed by July 15'. Mr. Dreyer stated that he had a conversation today with Steve from Gagliarducci and they hope to have the work done earlier than that. Mr.Kozloski stated that the Swale from the detention pond to the south needs to be constructed as shown on the originally approved plan. A plan for the restoration of the downstream damaged areas must also be submitted. Mr. Dreyer stated that it would be feasible to do that work at the same time as the detention pond work. Mr. Kozloski stated that when the work is completed,the Commission may require them to water the disturbed areas so that the grass will take. Mr. Harpin stated that it should be hydroseeded. Mr.Kozloski stated that it will still need to be watered. Mr. Harpin also stated that the pile of traprock near the easement on lot 13 should be removed. Motion was made by Mr. Soticheck and seconded by Mr. Douglas to issue an Enforcement Order to Wild Turkey Development LLC stating that the work on the detention basin, swale and plan of restoration of damaged areas downstream to be submitted by July 15'and that the area is to be seeded and maintained. VOTE 6-0 Motion was made by Mr. Meagher and seconded by Mr. Douglas to include in the Enforcement Order for Wild Turkey Estates that no work on lots 1 and 2 shall take place until the restoration plan for the damaged downstream areas is submitted. The restoration plan shall include a starting date and completion date. The developer is to contact the Conservation Commission to walk the area of restoration. VOTE 6-0 ORDER OF CONDITIONS - Suffield Street- Pananas The Commission wrote the Order of Conditions, a copy can be obtained from the Town Clerk's office or the Commission's office. Motion was made by Mr. Soticheck and seconded by Ms. Becker to issue the Order of Conditions for Pananas on Suffield Street as written. VOTE 6-0 The meeting adjourned at 7:45 PM. AGAWAM CONSERVATION COMMISSION April 28,2005 MEMBERS PRESENT: Henry A. Kozloski,Chairman Sheryl Becker Steven Douglas t>` Frank Meagher MEMBERS ABSENT; Fred Harpin Lj-) Mark Soticheck ? ` ' ALSO PRESENT: Pamela Edmunds Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES - April 14, 2005 Mr. Kozloski stated that a correction must be made to the Cumberland Farms ANRAD on the first page. He made the inspection with Ms. Becker,not Mr. Harpin. Motion was made by Ms. Becker and seconded by Mr. Meagher to approve the minutes of April 14, 2005 with the noted correction to page one. VOTE 4-0 2. REQUEST FOR DETERMINATION-Parker Street- Bates Mr. Bates was in attendance this evening. He is proposing to install a stockade;fence along his property line(side and back). The total length is approximately 170'. He will be installing the fence after the garage is constructed(he will be submitted a NOI for the garage). Mr. Kozloski has been to the site and recommended a Negative Determination. Motion was made by Mr. Meagher and seconded by Ms. Becker to issue a Negative Determination of Applicability for Bates on Parker Street(fence). VOTE 4-0 Motion was made by Mr. Douglas and seconded by Ms. Becker to amend the agenda to include the"add-on's". VOTE 4-0 . e Agawam Conservation Commission April 28, 2005 Page 2 9. ENFORCEMENT ORDER- Park Street - Bates Mr. Kozloski issued this Enforcement Order for work that has begun on a garage on this property that is within 100'of a wetland. Mr.Bates is in the process of preparing a Notice of Intent for the garage. Motion was made by Mr. Douglas and seconded by Ms. Becker to ratify the Enforcement Order issued to Bates on Parker Street (garage), VOTE 4-0 10. CERTIFICATE OF COMPLIANCE- Lot 52 Spear Farm Road Mr. Kozloski made this inspection and found that the grass is not yet fully established. He recommended a$1600 holdback. Motion was made by Ms. Becker and seconded by Mr. Douglas to issue a Certificate of Compliance on Lot 52 Spear Farm Road conditional upon $1600 being held back by the buyer's attorney to cover final establishment of the lawn. VOTE 4-0 CERTIFICATE OF COMPLIANCE-Lot 1 Woodside Drive Mr. Kozloski found the same with this lot and recommended a$1600 holdback. Motion was made by Ms. Becker and seconded by Mr. Douglas to issue a Certificate of Compliance on Lot 1 Woodside Drive conditional upon $1600 being held back by the buyer's attorney to cover final establishment of the lawn. VOTE 4-0 11. DISCUSSION - Wild Turkey Estates The Commission received a letter from the developer asking that lot 20 be released from the Enforcement Order. (The Commission had put in the Enforcement Order that no building may take place on this lot until a final decision has been made on the possible need for a second detention basin.) The members agreed to deny this request. Motion was made by Mr. Meagher and seconded by Mr. Douglas to send a letter to Wild Turkey Agawam Conservation Commission April 28, 2005 Page 3 Development LLC stating that their request to build on lot 20 this time is denied and that the Commission must receive a starting date for the work to be done on the detention pond outlet structure,swale and repair of downstream areas. VOTE 4-0 12. DISCUSSION - 154-165 Elm Street Mr. Kozloski and Mr. Harpin met on-site with the property owner at his request. There are three trees near the brook which must come down. Mr. Kozoski and Mr. Harpin agreed that these trees pose a hazard to the nearby home and gave permission to remove them. 4. PUBLIC HEARING CONT. -Veteran's Cemetery This hearing was continued once again as the Engineering Department is working with the consultant on reviewing the drainage calculations. 5. ORDER OF CONDITIONS - Suffield Street- Pananas Mason Maronn of D.L. Bean Inc. submitted a written request to the Commission to table writing this Order of Conditions as he is still working with the Engineering Department on their concerns. 7. COMPLAINT- 1108 Main Street- (beavers) Mr. Kozloski and Randy White of the Health Department have inspected this area which is being flooded due to a beaver dam. Mr. White will follow up on it. 3. REQUEST FOR DETERMINATION -Roosevelt Avenue- Bessette Mr, and Mrs. Bessette were in attendance this evening. They are proposing to construct a pool approximately 36' from a wetland. Mr. Kozloski has made a site visit and found that he area is approximately 14' from the top of the bank and then there is approximately 25'to 30'before the wetland. He stated that haybales maybe necessary. Motion was made by Mr. Meagher and seconded by Mr. Douglas to issue a Negative Determination of Applicability for Bessette on Roosevelt Avenue, requiring that the owner contact the Conunission when the work is scheduled to continence. VOTE 4-0 Agawam Conservation Commission April 28,2005 Page 4 7. COMPLAINT- Gums Geary Lane Mr. Kozloski made a site visit and found that a few trees had been cut at the back of this property in the vicinity of the wetland/brook. He sent a letter to the owner of this property stating that any work within 100'of the wetland and brook requires a Notice of Intent. The meeting adjourned at 7:45 PM. r a AGAWAM CONSERVATION COMMISSION April 14, 2005 MEMBERS PRESENT: Henry A. Kozioski, Chairman Sheryl Becker Steven Douglas Fred Harpin c. MEMBERS ABSENT: ` Frank Meagher Mark Soticheck ALSO PRESENT: Pamela R. Edmunds The meeting was called to order by Mr. Kozloski at 6:30 PM. I. APPROVAL OF MINUTES -March 24, 2005 Motion was made by Mr. Harpin and seconded by Mr. Douglas to approve the minutes of March 24, 2005 as written. VOTE 4-0 2. ANRAD - 835 Suffield Street- Cumberland Farms Mr. Kozloski and Ms. Becker have walked this property with a representative of the engineering firm that prepared the filing. They agree with the flagging. Motion was made by Mr. Harpin and seconded by Ms. Becker to approve the ANRAD as submitted by Cumberland Farms at 835 Suffield Street. VOTE 4-0 Motion was made by Mr. Harpin and seconded by Ms. Becker to amend the order of the agenda and to include the "add-on's". VOTE 4-0 5. PUBLIC HEARING CONT. - Veterans Cemetery Amendment to Order of Conditions The Engineering Department is still reviewing the new drainage information that was submitted for this project. Therefore, the Commission continued the public hearing once again. Agawam Conservation Commission April 14, 2005 Ea Le 2 6. PUBLIC HEARING CONT. -Notice of Intent- Suffield Street- Pananas Mason Maronn of D.L. Bean, Inc. was in attendance this evening. The Engineering Department submitted a memo to the Commission outlining outstanding concerns with this filing. Mr. Maronn stated that the Engineering Department has had the drainage calculations for this project for approximately one year. DEP has not submitted a response to the revised information that was provided. The Commission closed the public hearing this evening. 7. ENFORCEMENT ORDERS - River Road - B'Shara As requested, Mr. and Mrs. B'Shara submitted a restoration plan of the area that they had worked on. The members all received a copy of the proposed planting plan which includes four Bradford Pears, 16 Yellow Cypress and 12 burning bushes and hydroseeding. The members felt satisfied with this proposal. Motion was made by Mr. Harpin and seconded by Mr. Douglas to approve the proposed Planting Plan for B'Shara on River Road,prepared by Zymroz Landscaping,requiring that the Commission be notified prior to the work beginning and at the completion of the work. VOTE 4-0 Motion was made by Mr. Harpin and seconded by Ms. Becker to add a discussion of Longbrook Estates to the agenda. VOTE 4-0 DISCUSSION - Longbrook Estates Order of Conditions A letter was sent to the owners and contractor as there were items in the Order of Conditions that were not being adhered to (i.e. pre-construction meeting with Commission to go over the Order). Albert Brighenti of Gagliarducci Construction and Kevin Quich of GFi were in attendance to go over the Order. Proof of recording of the deed restriction regarding the riverfront area has not yet been provided.. The Commission asked that this be provided within one month. Erosion controls will be placed when they are planning to start work in the area of jurisdiction. Mr. Quick stated that it may be another year before they begin work in that area but he notify the Commission when the erosion controls have been installed and provide a name of the site supervisor. 3. REQUEST FOR DETERMINATION- 15 Riverview Avenue-Wilson Mr. Wilson was in attendance this evening. He submitted this RDA for work be is proposing on the front of his house at 15 Riverview Avenue. The work will consist of removing a portion of Agawam Conservation Commission April 14, 2005 Page 3 the one story building and replacing it with a two story on the same footprint. The members were in agreement that this work would not impact the River as it is on the front of the house. Motion was made by Mr. Harpin and seconded by Mr. Douglas to issue a Negative Determination of Applicability for Wilson at 15 Riverview Avenue. VOTE 4-0 8. COMPLAINTS -North Westfield Street Mr. Kozloski has already issued a memo to the DPW asking to schedule a site.walk with a DPW representative to determine the cause of the flooding in this area. Mr. Kozloski has been out to the site and found that in one case the water is backing up and cellars are being flooded. Forest Hill -Newalu Mr. Kozloski stated that he would go back out to this site and meet with the owner. He and Mr. Harpin found that there is debris in the brook around the shed. There is also a log across the brook that is directing the water to behind the shed. 10. ZONE CHANGES (2) - South Westfield Street- DePalma The Planning Board is reviewing two zone change applications. Motion was made by Ms. Becker and seconded by Mr. Douglas to send a memo to the Planning Board stating that there is no wetland delineation on record for either of the two parcels that Mr. DePalma has applied for zone changes on South Westfield Street. VOTE 4-0 12. COMPLAINT - Kellogg Avenue This complaint is regarding the same situation as the North Westfield Street complaint which the Commission will address with the DPW. COMPLAINT -Winthrop Street The Town received a written complaint regarding work taking place at the end of Winthrop Street. Mr. Kozloski and Mr. Harpin made a site visit from the road and found that a garage is being constructed within a wetland buffer zone. An Enforcement Order was issued to Cease and Desist and file a Notice of Intent. Agawam Conservation Commission April 14, 2005 Page 4 Motion was made by Ms. Becker and seconded by Mr. Douglas to ratify the Enforcement Order issued on Winthrop Street. VOTE 4-0 11. CERTIFICATE OF COMPLIANCE - 36 Hunter's Greene Circle Motion was made by Mr. Harpin and seconded by Mr. Douglas to issue a Certificate of Compliance on 36 Hunter's Greene Circle pending an inspection by a Commission member. VOTE 4-0 4. REQUEST FOR DETERMINATION - Poplar Street - Poplar Development LLC Members walked this site prior to the meeting to view the wetland flagging. This RDA was for a wetland delineation for a nine lot subdivision. A Notice of Intent will be filed for the project. The members were in agreement with the flagging. Mr. Kozloski noted that there is a perennial stream that starts near flag 17 or 18. Motion was made Mr. Douglas and seconded by Ms. Becker to issue a Positive Determination of Applicability, approving the wetland delineation, for the Poplar Street property by Poplar Development LLC. VOTE 4-0 The meeting adjourned at 7:20 PM. AGAWAM CONSERVATION COMMISSION May 26., 2005 MEMBERS PRESENT: Henry A. Kozloski-6:35 Sheryl Becker Steven Douglas Fred Harpin Frank Meagher Mark Soticheck a ALSO PRESENT: Pamela R. Edmunds c.y The meeting was called to order by Mr. Harpin, Acting Chairman, at 6:30 PM. cn s � 1. APPROVAL OF MINUTES - May 12, 2005 Motion was made by Mr. Soticheck and seconded by Mr. Meagher to approve the minutes of May 12, 2005 as written. VOTE 5-0 2. REQUEST FOR DETERMINATION - Logan Place - O'Brien Mr. O'Brien was in attendance to present this RDA for the construction of a 10' x 12'shed on sauna tubes. He stated that Mr. Kozloski met with him on-site and per his request he has moved the location of the shed further away from the drainage swale. The members viewed the plan and had no questions on it. Motion was made by Mr. Meagher and seconded by Ms. Becker to issue a Negative Determination of Applicability for O'Brien on Logan Place. VOTE 5-0 3. REQUEST FOR DETERMINATION - Consolidated Edison Energy Massachusetts A representative of Consolidated Edison Energy Massachusetts was in attendance to present this RDA. He explained that per DEP the landfills are to be capped. There is a drainage swale within 100'of the work to take place. There was a lengthy discussion regarding whether this area would be considered floodplain. Copies of floodplain maps were viewed and in conclusion, the members were in agreement that a Negative Determination be issued for this work, requiring that they be contacted prior to starting the work. r Agawam Conservation Commission May 26, 2005 Page 2 Motion was made by Mr. Kozloski and seconded by Mr. Soticheck to issue a Negative Determination of Applicability for Consolidated Edison Energy Massachusetts for work on Agawam Avenue with the requirement that the Conservation Commission be notified prior to the work beginning. VOTE 6-0 4. REQUEST FOR DETERMINATION - Mass. Highway Department-River Road Tim Meyer of the District 2 office of the Massachusetts Highway Department was in attendance to present this RDA. He explained that the proposed work includes box widening, cold planing and resurfaceing, localized full depth roadway repairs, adjustment of or repairs to existing drainage structures, installing thermoplastic pavement markings, tree removal, sikdewalk reconstruction, cleaning drainage structures and pipes, removal and resetting of existing granite curb, installation of new granite Curb,installation of new HMA curb,removal and resetting of existing guardrail, installation of new guardrail, erosion/sedimentation control measures, and other incidental items. He explained that a parking area was to be included as part of the bike path project and that the state has now agreed to construct this parking area with state funds. It will include plantings, bike racks and benches. Mr. Kozloski pointed out that the Town will be filing a Notice of Intent in the near future for the construction of a handicapped path at Pynchon Point. He also stated that they will be apply for CPA funds for this project. Mr. Meyer stated that there is a large sycamore tree on the east side of River Road that they will be taking measures to avoid. He stated that some trees on the westerly side will be taken down, however. Mr, Kozloski asked if a bike lane was included in this project. Mr. Meyer stated that the roadway will be widened but they are not.calling it a bike lane. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to issue a Negative Determination of Applicability to the Massachusetts Highway Department for the proposed work on River Road, requiring that the Conservation Commission be notified prior to commencement of the work. VOTE 6-0 5. DISCUSSION - Zone Change - Agawam Sportsman's Club - Corey Street The Planning Board has received a resubmission of a request to change the zoning from Agriculture to Residence A-3 at 358 Corey Street. The Conservation Commission members received a copy of the proposal with an opportunity to submit any comments to the Planning Board. Mr. Kozloski stated that the plan that was submitted does no show the overflow swale from the pond to the wetland to the east. There is no valid wetland delineation on file for this property yet. Agawam Conservation Commission May 26, 2005 Page 3 Motion was made by Mr. Soticheck and seconded by Mr. Kozloski to send a memo to the Planning Board stating that there is no valid wetland delineation on record for the Agawam Sportsman's Club and that the plan that was submitted does not show the overflow swale from the pond to the wetland to the east. VOTE 6-0 6. ORDER OF CONDITIONS - Lot 2 Ridgway Drive - Guiel 7. ORDER OF CONDITIONS - Lot 3 Ridgeway Drive - Guiel The applicant's representative has requested an extension to the time for which the Commission has to issue their Order of Conditions for these two filings as they are presently addressing the Engineering Department comments. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to extend the time for which an Order of Conditions is to be written for Lot 2 Ridgeway Drive and Lot 3 Ridgeway Drive as requested by the applicant's representative. VOTE 6-0 8. ENFORCEMENT ORDER- (update) - Wild Turkey Estates The Commission received a letter from the developer(Wild Turkey Development LLC) stating .that they are finalizing the plans for lots 1 and 2 and once approved, they will have Gagliarducci Construction back to the site to complete the work on the detention basin, etc. as well as the work on lots 1 and 2. The members did not feel satisfied with this response and agreed that work on the detention basin and swale must commence immediately. Motion was made by Mr. Soticheck and seconded by Mr. Douglas to send a Ietter to Wild Turkey Development LLC stating that work must commence on or before Monday, June 6, 2005 on the detention basin and swale (the swale is to be constructed as shown on the originally approved plan) as well as a report on the damage assessment downstream or the Commission will turn the matter over to DEP. VOTE 6-0 The members then discussed the two memos they received from the Engineering Department regarding lots 1 and 2. The Order of Conditions has two provisions (items#20 and 24) that allow the Commission to require additional work if necessary. Agawam Conservation Commission May 26, 2005 Pap 4 __ Motion was made by Mr. Kozloski and seconded by Mr. Soticheck to require Wild Turkey Development LLC to follow the Town Engineer's recommendations as set forth in the memos dated May 26, 2005 regarding the need to clean the pipe under Mr. Brown's driveway. VOTE 6-0 Motion was made by Mr. Soticheck and seconded by Mr. Kozloski to amend the agenda to include the"add-onY'. VOTE 6-0 11. DISCUSSION -Pynchon Point correspondence The Commission received a copy of a letter from a resident regarding the dumping at Pynchon Point that was submitted to the Town Council. Mr. Kozloski explained to the members that he submitted a written response to the Council for their packages this week explaining that the Commission will be apply for CPA funds to construct a handicap accessible path at this location and also that an Order of Conditions will be written for Mr. Pananas and part of that Order shows riverfront restoration at this location by him. The letter also states that clean up efforts at this location should be coordinated with that work. Motion was made by Mr. Soticheck and seconded by Mr. Kozloski that the Commission initiate the process to hire a consultant to map the wetland at this location. VOTE 6-0 9. COMPLAINT -North Westfield Street Mr. Kozloski and Mr. Harpin met on-site with a representative of the DPW to investigate the flooding complaints that have been recently received. While making this inspection, they noted that dumping in a wetland is taking place at the rear of 136 North Westfield Street. It appears that the owners have a landscape business and the dumping consists of yard waste. The m mbers agreed to send a letter to the owner informing him of the wetland violation and ask that he contact the Commission. They also asked that a letter be sent to the complainant stating that they have walked the area and found the problem and that the Engineering Department will be going out in the near future to shoot some grades. 12. DISCUSSION - Barry Street-Anderson The Planning Department received a white form for this lot that the Commission issued an Order of Conditions on. As part of the Order, the applicant/builder is to meet with the Commission at a Agawam Conservation Commission May 26, 2005 Page 5 regularly scheduled meeting to go over the Order of Conditions to make sure they are understood. Steve DePalrna will be building on this property and requested to be on tonight's agenda, however, he was not in attendance. No discussion took place. 13. DISCUSSION - 63 Autumn Street correspondence The Commission received a letter from the owner of 63 Autumn Street with regard to trees he would like to remove. Mr. Kozloski and Mr. Harpin will meet on-site with him. Some of the trees in question are located on the treebelt and therefore will need the approval of the Tree Warden to remove. The meeting adjourned at 7:30 PM. d� AGAWAM CONSERVATION COMMISSION May 12, 2005 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Fred Harpin Frank Meagher µ_ Mark Soticheck MEMBERS ABSENT: -� Steven Douglas o tV ALSO PRESENT: Pamela R. Edmunds The meeting was called to order by Mr. Kozloski at 6:30 PM. 1. APPROVAL OF MINUTES -April 28, 2005 Motion was made by Mr. Harpin and seconded by Ms. Becker to approve the minutes of April 28, 2005 as written. VOTE 5-0 2. REQUEST FOR DETERMINATION - River Road- Mass. Highway Department The applicant's representative was not in attendance,therefore the Commission tabled this item. Motion was made by Mr. Sot check and seconded by Mr. Meagher to table the Request for Determination of Applicability for the Massachusetts Highway Department on River Road. VOTE 5-0 3. REQUEST FOR DETERMINATION -Bondi's Island - Waste Management of Mass. Jonathan Murray of Waste Management explained that this filing includes the construction of an addition to the existing building to house a truck loading facility. There are no resources areas on this site. Mr. Kozloski explained that this area is not considered floodplain any longer since the dike was built. Motion was made by Mr. Harpin and seconded by Mr. Meagher to issue a Negative Determination of Applicability for Waste Management of Massachusetts at Bondi's Island, stating that this area is not a floodplain. VOTE 5-0 Agawam Conservation Commission May 12, 2005 Page 2 4. PUBLIC HEARING -Notice of Intent- Parker Street- Bates Mr. Bates was in attendance. Mr. Kozloski explained that construction of a 36'x 28'detached garage had begun on this property and therefore he issued an Enforcement Order requiring a Notice of Intent as it is located within approximately 45' of a wetland. DEP comments pointed out that there was an error in the application(amount of bordering vegetated wetland to be disturbed). No BVW will be disturbed with this construction. Mr. Bates received a Negative Determination on the construction of a fence which he stated will go up after the garage is completed. There being no public input, Mr. Kozloski closed the public hearing. 5. PUBLIC HEARING - Lot 2 Ridgeway Drive- Guiel John Guiel was in attendance along with Heather Stavros of Pioneer Environmental. Ms. Stavros stated that Mr. Guiel is proposing to construct two single family homes on lots 2 and 3 Ridgeway Drive. She explained that two Notice of Intent were filed so that these are separate projects. The first project reviewed was lot 2. She stated that this lot contains approximately 3.2 acres. The wetlands were delineated and the mean annual high water mark to a tributary to a larger brook was attained. A sewer easement runs the middle of the two lots and these homes will connect to it which will require a temporary disturbance to the wetlands. The driveway on lot 2 will require two retaining walls. The Engineering Department submitted comments which Ms. Stavros stated will be addressed. The limit of work line on this lot is shown and when construction is complete, permanent markers will be placed in this location. Haybales and silt fences will be used for erosion control. DEP comments suggest that the Commission require photographs of the wetlands. Mr. Kozloski asked for public input. Perry Lamkins, 128 Ridgeway Drive asked for the location of the driveway. Mr. Guiel explained that this driveway would be located south of the telephone pole, north of the stream. Betty Knapik, 120 Ridgeway Drive asked for clarification of the work proposed and the exact location. Ms. Stavros gave her this information. There being no further public input, Mr. Kozloski closed the public hearing. 6. PUBLIC HEARING-Notice of Intent- Lot 3 Ridgeway Drive Ms. Stavros explained that this lot contains approximately one acre and the house would have a walk-out basement. Retaining walls are shown along the back of this building site and along the driveway. An ornamental fence will be along the top of the retaining wall at the rear. Mr. Kozloski suggested that one of the retaining walls be moved towards the town easement to make the yard larger. Ms. Stavros stated that most of the trees on this lot or the buildable portion of the lot will have to come down. An erosion control blanket will be used. Other abutters in Agawam Conservation Commission May 12, 2005 Page 3 attendance expressed concerns over the wildlife in the area. There being no further public input, Mr. Kozloski closed the public hearing, The Order of Conditions will be written at the next meeting. 7. ENFORCEMENT ORDER(update) - Wild Turkey Estates Motion was made by Mr. Soticheck and seconded by Mr. Meagher to send a letter to Wild Turkey Development LLC (developer) stating that construction on the detention pond must begin immediately or DEP will be contacted for action. VOTE 5-0 10. CERTIFICATE OF COMPLIANCE - Lot 17 Hemlock Ridge Mr. Kozloski stated that he would make this inspection and report at the next meeting. 11. DISCUSSION - Letter of Support - School Street Park Chris Sparks, Director of Parks and Recreation,was in attendance. He presented a revised plan of Phase I of the School Street Park. He explained that the bandshell has been removed. The skating area has been relocated. A new wetland delin5ation will need to be approved as the current one has expired. He stated that the original mapping is still accurate but a new Request for Determination will be filed. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to send a letter of support to the Community Preservation Committee with regard to the School Street application. VOTE 4-0-1 (Kozloski abstained) ORDER OF CONDITIONS - Parker Street- Bates The Commission then wrote the Order of Conditions for Bates on Parker Street. A copy can be obtained from the Commission's office or the Town Clerk's office. Motion was made by Mr. Soticheck and seconded by Mr. Harpin to issue the Order of Conditions to Bates on Parker Street as submitted. VOTE 5-0 The meeting adjourned at 9:00 PM. 00 AGAWAM CONSERVATION COMMISSION March 24, 2005 MEMBERS PRESENT: Henry A. Kozloski, Chairman Steven Douglas Fred Harpin Frank Meagher Mark Soticheck MEMBERS ABSENT: Sheryl Becker ALSO PRESENT: —o Pamela R. Edmunds f� = cn The meeting was called to order by Mr. Kozloski at 6:30 PM. co 1. APPROVAL OF MINUTES - January 27, 2005 Motion was made by Mr. Soticheck and seconded by Mr. Harpin to approve the minutes of January 27,2005 as written. VOTE 5-0 2. REQUEST FOR DETERMINATION- 70 Debra Lane- Croteau Mr. Croteau was in attendance to present this RDA which shows the construction of a two car addition to an existing garage and driveway on Debra Lane. The Board of Appeals has approved the plan as a good portion of the property is within the 100' flood zone. Mr. Croteau explained that only a small portion of the new driveway will actually be in the 100' floodplain. According to the plan that he had prepared, approximately 320 sq.ft. of floodplain would be disturbed. The members had a lengthy discussion and agreed that would amount to approximately 32 cubic feet. Mr. Croteau explained that he will remove the topsoil, place gravel and pave the area. Motion was made by Mr. Harpin and seconded by Mr. Meagher to issue a Negative Determination of Applicability for Croteau on Debra Lane with the condition that the Conservation Commission be notified when the work is to be done. VOTE 5-0 3. PUBLIC HEARING CONT. -Mass. Veterans Cemetery-Amendment to Order of Conditions i Agawam Conservation Commission March 24,2005 Page 2 This public hearing was continued once again as new drainage information has recently been provided to the Engineering Department and is being reviewed. 4. PUBLIC HEARING CONT. - Suffield Street -Pananas Mason Maronn of D.L. Bean, Inc. was in attendance along with Mr. Pananas to update the Commission on this project. Mr. Maronn explained that for the past few months they have been working with both DEP and the National Endangered Species Program. This site is listed on the Priority Habitat Map but not Endangered Species. Due to the close proximity of the box turtle, the plan has been revised to accommodate both state agencies. Mr. Maronn submitted a revised plan and supporting documentation this evening. The revised plan shows the loss of 45 parking spaces with the reconfiguration of the parking area. A total of 237 parking spaces are now shown. There was a general discussion on parking and future expansion of the building. Mr. Maronn stated that they have overdesigned the parking area now to avoid having to file a Notice of Intent when an addition is planned. A 75' strip along the western property line is to be set aside for habitat. DEP considers the detention pond as disturbance within the riverfront area. Off-site mitigation at Pynchon Point includes repair of erosion,line drainage ditches on either side of the existing path with riprap and an erosion control blanket. Mr. Kozloski pointed out that the Commission may be cementing the walkway to the river at some point in the future. Mr. Mason pointed out that the project site on Suffield Street is approximately 4.1 acres and approximately one acre is being is being"given up" for the endangered species. The Commission continued the public hearing to the next meeting to allow the Engineering Department to review the revised information. 5. ENFORCEMENT ORDER - (update) Wild Turkey Estates Mr. Kozloski stated that there was nothing new to report on this Enforcement Order. No further work has been done on the detention pond at this time. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to amend the agenda to include the"add-on's". VOTE 5-0 7. DISCUSSION -Zone Change - Corey Street-Agawam Sportsman's Club Motion was made by Mr. Soticheck and seconded by Mr. Meagher to send a memo to the Planning Board stating that there is no valid wetland delineation on file for the Agawam Sportsman's Club and that a Notice of Intent would be required for any work on the property. VOTE 5-0 Agawam Conservation Commission March 24, 2005 Page 3 S. DISCUSSION-River Road -B'Shara Mr. Soticheck had pictures of the cutting and clearing that the B'Shara's did on the riverbank. They were told that selective trimming could be done but the work they did was more extensive. Motion was made by Mr. Meagher and seconded by Mr. Douglas to issue an Enforcement Order to Michael and Melissa B'Shara on River Road requiring that a restoration plan be submitted within two weeks showing proposed plantings in the area that cut/cleared. VOTE 5-0 9. REQUEST FOR EXTENSION- Order of Conditions - Autumn Street-Wojiechowski Motion was made by Mr. Meagher and seconded by Mr. Soticheck to grant a one year extension to the Order of Conditions on Autumn Street for Wojiechowski. VOTE 5-0 10. DISCUSSION - School Committee Application to CPA Mr. Kozloski informed the Commission of an application to the CPA committee by the Agawam School Committee to fund the purchase of approximately five acres of land adjacent to the High School for use as an "outdoor classroom". He stated that the land contains a brook and wetland. Motion was made by Mr. Soticheck and seconded by Mr. Harpin to send a letter of support to the CPA committee regarding the School Committee's application to purchase approximately five acres of land adjacent to the High School as this is a unique piece of property contains a brook and a wetland and the proposal will preserve open space and provide for long term ecological study. VOTE 4-0-1 (Kozloski abstained) 11. DISCUSSION-47 Valley Brook Road Mr. Ingham of 47 Valley Brook Road submitted a letter stating that he intends to install an in- ground pool on his property approximately 45' from a brook. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to send a letter to Mr. Ingham stating that a Notice of Intent will be required for the installation of an in-ground pool as specified in his written request. VOTE 4-1 (Harpin opposed) Agawam Conservation Commission March 24, 2005 Page 4 Mr. Harpin stated that an on-site inspection should be made before voting that a Notice of Intent be required. Motion was made.by Mr. Soticheck and seconded by Mr. Meagher to rescind the previous motion to require a Notice of Intent for 47 Valley Brook Road. VOTE 5-0 Motion was made by Mr. Soticheck and seconded by Mr. Meagher to conduct a site visit at 47 Valley Brook Road to determine if a Request for Determination or Notice of Intent would be required for the installation of an in-ground pool approximately 45' from the brook. VOTE 5-0 The meeting adjourned at 7:40 PM. AGAWAM CONSERVATION COMMISSION February 24, 2005 MEMBERS PRESENT: > Henry A. Kozloski, Chairman Steven Douglas Fred Harpin Frank Meagher MEMBERS ABSENT: ram; • E- Sheryl Becker can rT, Mark Soticheck A/ 02. ALSO PRESENT: Pamela R. Edmunds The meeting was called to order by Mr. Kozloski at 6:15 PM. 1. APPROVAL OF MINUTES - January 27, 2005 Motion was made by Mr. Meagher and seconded by Mr. Harpin to approve the minutes of January 27, 2005 as written. VOTE 4-0 2. REQUEST FOR DETERMINATION- South West Street -J.F.C. Endeavors Mason Maronn of D.L. Bean, Inc. presented this RDA which was filed for approval of the wetland delineation. He explained that it is currently the Boglisch Nursery and is approximately 112 acres in size. The wetlands were flagged in November of 2004. Two members of the Conservation Commission have walked the property and viewed the flagging. Resources in include wetlands, perennial stream and riverfront area. Mr. Kozloski stated that he agrees with the flagging and pointed out that Phase II of Route 57 will go through this site. Motion was made by Mr. Douglas and seconded by Mr. Meagher to issue a Positive Determination of Applicability approving the wetland delineation on the Boglisch property on South West Street. VOTE 4-0 3. REQUEST FOR DETERMINATION - Borgatti Field - Jensen/Park &Rec. Chris Sparks of the Agawam Parks and Recreation Department was in attendance along with Andrew Jensen. Mr. Jensen explained that he and his brother are proposing a 1/8 mile walking/fitness trail at Borgatti Field as part of their Eagle Scout Project. The trail will, consist of Agawam Conservation Commission February 24, 2005 Page eight fitness stations (i.e. stretching, pull ups, etc.). He explained that they have received donations to fund the project. Mr. Kozloski suggested that they apply for CPA funds for the project. Mr. Sparks pointed out that this project will tie into the new bike path in terms of users. He suggested that they use this facility for warm ups, stretching and exercising prior to or after walking the bike path. The path will consist of approximately 3" of stone. Donna Jago of River Road stated that she thinks this is a wonderful project and offered her help with fundraising, if needed. Motion was made by Mr. Meagher and seconded by Mr. Douglas to issue a Negative Determination of Applicability for the Borgatti Field project by Jensen. VOTE 4-0 4. REQUEST FOR DETERMINATION-168 Elm Street- Environmental Compliance Serv. Chris Parent of Environmental Compliance Services (ECS) was in attendance. He explained that they are proposing to install monitoring wells on this property to evaluate subsurface conditions. The locations are shown on the plan that he submitted this evening. Mr. Kozloski met on-site with another representative of ECS and viewed the areas proposed for the wells. He recommended that a negative determination be issued for this work. He also stated that the DPW should be notified of the work as there is a sewer easement in this area. Motion was made by Mr. Meagher and seconded by Mr. Harpin to issue a Negative Determination of Applicability for 168 Elm Street by Environmental Compliance Services, adding a requirement that the Conservation Commission be notified prior to the work taking place. VOTE 4-0 5. PUBLIC HEARING CONT. -Notice of Intent-Moore Street- Maynard Mr. Maynard was in attendance along with Joseph Petronino of Environmental Services and Frank DeMarinis of Sage Engineering. Mr. DeMarinis explained that the property will contain a swale with a high point along the property line to the north. A yard drain will be tied into the storm drain. The stormwater management policy does not apply to this project. Jacqueline Deschenes of 61 Valley Street stated that the existing pipe is blocked and water flows along side of the pipe. Kim LaValley of Moore Street stated that there was a recent major water break and that has never happened in the forty-seven years she has lived there. She feels this was a result of the duplexes that have already been built above the subject site. She also pointed out that there are a number of underground springs in this area of Moore Street. Mr. Kozloski explained that the Conservation Commission does not have jurisdiction over the water that is coming down Moore Street. He stated that these minutes are forwarded to the Town Council and the Mayor Agawam Conservation Commission February 24, 2005 Page 3 and that he will also forward a copy to the DPW. Jamie Santinello, 12 Moore Street stated that she now has more water than ever in her backyard and that the pipe that was installed is eroding. Mr. Kozloski agreed to meet with her on her property this spring. She stated she will contact the office to set up a meeting. Ms. LaValley questioned who would be responsible for maintaining the swale. Mr. Kozloski stated that it would be the property owner's responsibility. The owner of 33 ValIey Street questioned whether the land will be built up higher to get the water to the storm drain system. Mr. DeMarinis stated that there will be a swale along the property line to direct the water. There being no further questions, Mr. Kozloski closed the public hearing. The Order of Conditions will be written at the end of the meeting. 6. PUBLIC HEARING CONT. -Amendment to Order of Conditions -Mass. Veterans Cemetery- Main Street This hearing was continued once again as the Engineering Department is still reviewing the drainage calculations. 7. PUBLIC HEARING CONT. - Suffield Street- Pananas This public hearing was continued once again at the request of the applicant's representative. 8. CHAPTER 61A - South West Street - Boglisch The Town has received notification under Chapter 61 A of their right of first refusal on the purchase of the Boglisch property on South West Street. Motion was made by Mr. Harpin and seconded by Mr. Meagher to send a negative recommendation to the Mayor with regard to the Town purchasing the Boglisch property on South West Street. VOTE 4-0 4. CERTIFICATE OF COMPLIANCE - 36 Hunter's Greene Circle Mr. Kozloski made this site inspection and found that there is a large pile of dirt in the backyard. He recommended that a Certificate be issued pending an on-site with the buyers. Motion was made by Mr. Harpin and seconded by Mr. Meagher to issue a Certificate of Compliance on 36 Hunter's Greene Circle pending the Commission meeting on-site with the buyers to discuss the pile of dirt. VOTE 4-0 Agawam Conservation Commission February 24, 2005 Pale 4 Motion was made by Mr. Harpin and seconded by Mr. Meagher to amend the agenda to include the"add-on's". VOTE 4-0 12. CERTIFICATE OF COMPLIANCE - Lot 34 Momingside Circle Mr. KozIoski agreed to make this inspection tomorrow. Motion was made by Mr. Harpin and seconded by Mr. Meagher to issue a Certificate of Compliance on Lot 34 Momingside Circle pending a favorable inspection by a Commission member. VOTE 4-0 13. DISCUSSION- correspondence - 1090 River Road The Commission received a request from the owner of 1090 River Road to remove a tree that is rotting. Mr. Kozloski and Mr. Harpin made a site visit. Motion was made by Mr. Harpin and seconded by Mr. Meagher to allow the owner of 1090 River Road to remove the tree that is rotting(as requested by the owner), asking that he notify the Commission prior to the work being done. VOTE 4-0 The Commission then wrote the Order of Conditions for Moore Street. A copy can be obtained from the Town Clerk's office or the Commission's office. Motion was made by W. Harpin and seconded by Mr. Meagher to issue the Order of Conditions to Maynard on Moore Street as written. VOTE 4-0 The meeting adjourned at 7:10 PM. F 3 AGAWAM CONSERVATION COMMISSION January 27, 2005 MEMBERS PRESENT: Henry A. Kozloski Steven Douglas Fred Harpin Frank Meagher MEMBERS ABSENT: Sheryl Becker Mark Soticheck ° ALSO PRESENT: rn Pamela R. Edmunds cn ,p 1. APPROVAL OF MINUTES - December 9, 2004 Motion was made by Mr. Meagher and seconded by Mr. Harpin to approve the minutes of December 9, 2004 as written. VOTE 4-0 2. REQUEST FOR DETERMINATION - Garden Street -Toner Plastics Erin Gillan of Baystate Environmental Consultants, Inc. was in attendance to present this RDA for approval of the wetland boundary. She stated that the property contains a perennial stream with associated bordering vegetated wetland, 100' buffer zone, and bank resources to a pond north and east of the property. Mr. Kozloski and Mr. Harpin walked the property with her on January 4i'`. Both agreed with the mapping as delineated. Motion was made by Mr. Harpin and seconded by Mr. Meagher to issue a Positive Determination of Applicability for the Garden Street property for Toner Plastics, approving the wetland delineation as submitted. VOTE 4-0 3. PUBLIC HEARING - Notice of Intent - Moore Street - Maynard Joe Petronino of Environmental Services presented this Notice of Intent which shows the construction of two duplexes on Moore Street within the 100' buffer zone. He stated that this is an altered area. He stated that the existing pipe has been blocked and the outfall has been extended to below this property. The area was regraded. There are wetlands in the upper right comer. Haybales and silt fence will be placed at the rear of the lots. A catch basin has been installed between the two duplexes and there is a catch basin downgradient of the property, both Agawam Conservation Commission January 27, 2005 Pie 2 of which will be haybaled during construction. Some silt fence will be placed along the road. Hemlocks are proposed to be planted at the rear of the property: 3' to 4'high, planted 10'on center. All downspouts will discharge towards the back of the property with a diffuser pipe and pea stone. Existing drainage swale could be planted with buffer zone mix. Mr. Kozloski asked if the new catch basin would catch any of the water coming down Moore Street. Mr. Petronino stated that it may. The applicant, Pete Maynard was in attendance also. At this point he questioned why the new catch basin would have to collect any water coming down Moore Street. He stated that he wanted to put the catch basin closer to the street but the Town had him install it 20' into the property. Jacqueline Deschenes, 61 Valley Street, stated that her property abuts the back of this property. She stated that a brook ran there for forty years and that Mr. Maynard"plowed it over". She is concerned that drainage from these lots will cause more flooding on her property. She also stated that Mr. Maynard did work on her property without her permission. Kim LaValley, 23 Moore Street stated that there is an existing water problem in that area"the Patch"and that the Town has not done anything to correct it. She stated that she has a tremendous flooding problem on her property and is starting to experience structural problems with her home due to the amount of water. She stated that the situation is worse then ever. Mr. Kozloski questioned why a catch basin was never installed by the Town at the end of Moore Street where it meets with Valley Street. He agreed that the Town has to get the water that is coming down Moore Street into the storm drainage system somehow. He stated that these minutes will be forwarded to the DPW and the Mayor. Mrs.LaValley also questioned whether the existing pump station can handle the additional duplexes. She stated that the alarm on the pump station goes off every night. Mr. Kozloski stated that the Commission will send a memo to the DPW asking if the pump station has the capacity to handle these two new duplexes. Colleen Riley-Koch, 40 Valley Street stated that her property was flooded this year and she has never had that problem until the two existing duplexes were built. Mike Santinello, 12 Moore Street, stated that he directly abuts this property. The brook that was in this area was piped and he is experiencing sinkholes and erosion around the pipe. He said that water still comes down through his backyard. Charles Rossi, 35 Moore Street asked when they could expect the Town to address the drainage problem in the Patch. Mr. Kozloski stated that the residents should be contacting the DPW to let them know of the problem. They could also submit a petition to the Town Council. He stated that the Conservation Commission cannot solve the problem. The DPW needs to address it. The Commission continued the public hearing for two weeks to allow the Engineering Department to review the revised plan and supporting information that Mr. Petronino submitted Agawam Conservation Commission January 27, 2005 Page 3 this evening. 4. PUBLIC HEARING -Notice of Intent - Six Flags New England- Main Street Mark Kane,the new General Manager of Six Flags New England, was in attendance to introduce himself to the Commission. John Furman and Dave Picard of Vanasse Hangen Brustlin presented this Notice of Intent. Mr. Furman explained the location of the proposed Spinning Coaster. He stated that the pervious area will be increased with this project and that the Planning Board has given site plan approval for this project. Mr. Picard then went over the specifics of the application. He stated that this is a redevelopment project. There will be a 33% reduction in pavement with an increase in the"green" area. He stated that some runoff is being decreased and there will be an increase in the amount of recharge. Mr. Furman then stated that he received the Engineering Department comments and will address them as soon as possible. There being no comments or questions from the public, the Commission closed the public hearing. DEP has not yet issued a file number for this project. The Commission will write the Order at the end of the meeting and hold until a file number has been received. 5. PUBLIC HEARING CONT. - Amendment to Order of Conditions - Mass. Veterans Cemetery- Main Street Engineering is still reviewing the drainage calculations for this project. The Commission continued the hearing until the next meeting. 6. REQUEST FOR EXTENSION- Mass. Veterans Cemetery- Main Street The existing Order of Conditions for the Veterans Cemetery will expire in March, 2005. A request for extension has been submitted. Motion was made by Mr. Harpin and seconded by Mr. Meagher to extend the Order of Conditions for the Massachusetts Veterans Cemetery for three years to March, 2008. VOTE 4-0 7. PUBLIC HEARING CONT. - Suffield Street - Pananas This hearing was continued once again as the applicant is still working with the Endangered Species Program. The Commission then wrote the Order of Conditions for the Spinning Coaster at Six Flags New England. A copy can be obtained from the Conservation Commission office or the Town Clerk's office. 4 Agawam Conservation Commission January 27, 2005 Page 4 Motion was made by Mr. Meagher and seconded by Mr. Douglas to issue the Order of Conditions for Six Flags New England as written,pending the receipt of DEP file number. VOTE 3-0-1 (Harpin abstained) The meeting adjourned at 7:55 PM.