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2006 AGAWAM CONSERVATION COMMISSION (MEETING MINUTES) J�, v U. 'S AGAWAM CONSERVATION COMMISSION December 14,2006 0 x MEMBERS PRESENT: Henry A. Kozloski, Chairman v Fred Harpin ff' rl Frank Meagher c Jill Messick -� Mark Soticheck N MEMBERS ABSENT: Sheryl Becker Steven Douglas ALSO PRESENT: Deborah S. Dachos Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES -November 30, 2006 Motion was made by Mr. Soticheck and seconded by Ms. Messick to approve the minutes of November 30, 2006 as written. VOTE 5-0 2. PUBLIC HEARING - Request to Amend Order of Conditions-Main Street- Cirillo Mr. Cirillo was in attendance this evening to go over his proposed changes to his site and request to amend his Order of Conditions. He explained that he would now like to fill in the back of his site for an.area of approximately 35' x 55'and install a 3' retaining wall and plant with shrubs and mulch. He will maintain a 10' strip of grass around it and the remainder of the area will be gravel. Mr. Kozloski asked what that area would be used for. Mr. Cirillo stated parking,picnic tables and swing sets. Mr. Soticheck pointed out that the Notice of Intent that Mr. Cirillo filed originally states that this area will remain impervious. He stated that Mr. Cirillo must provide the Commission with more information and an accurate plan of what he is proposing prior to them voting on this. Mr. Soticheck also stated that the area is question has been filled in more than was previously approved. Mr. Cirillo stated that he has had three washouts in that area and he has filled it and placed 3" rocks to hold the bank up. Mr. Harpin stated that area was the site of the previous old barn. Ms. Dacsho stated that what the Commission must look at now is whether the proposed work will have additional impacts on the resource area and if so, a new Notice of Intent would be required. Agawam Conservation Commission December 14, 2006 Pie 2 Motion was made by Mr. Soticheck and seconded by Mr. Meagher that the proposed additional work by Mr. Cirillo on Main Street require a new Notice of Intent. Discussion followed. Mr. Kozloski asked if there would be drainage behind the wall. Mr. Cirillo stated that it will drain into the lot. Mr. Harpin questioned what the additional impacts would be. At this point, the members agreed to continue the public hearing to allow Mr. Cirillo to bring in more information and a more detailed plan of what he is proposing. Motion was made by Mr. Soticheck and seconded by Mr Meagher to withdraw their previous motion and to continue the public hearing to the next meeting. VOTE 5-0 3. REQUEST FOR DETERMINATION- South Street- 194 South Street LP Rick Miziazek of Reinhardt Associates was in attendance to present this RDA which was filed for wetland delineation approval. Mr. Kozloski and Ms. Becker walked the site last week with Mr. Miziazek to view the flagging. Mr. Kozloski stated that he agrees with the flagging, however, the numbering of the flags on the plan is very confusing. He also stated that there is an isolated wetland on the north side of the site. Resource areas on the site include: bordering vegetated wetland and a perennial stream. Motion was made by Mr. Harpin and seconded by Mr. Meagher to issue a Positive Determination of Applicability on South Street, approving the wetland delineation. VOTE 5-0 5. PUBLIC HEARING CONT. - Suffield Street - Cumberland Farms, Inc. Jim Cranston of Bohler Engineering was in attendance as well as their environmentalist, Chuck Dauchy. Mr. Cranson stated that the issue of perennial vs. intermittent stream of the site is no longer valid as the Order of Conditions on an adjacent property where the stream was deemed perennial has expired. He stated that it now meets the DEP criteria for declassifying it as a River. He stated that the Engineering Department comments have been addressed. Chuck Dauchy then addressed the Commission. He stated that mitigation in the wetland buffer area will include removing all invasive species,mostly bittersweet. Mr. Harpin stated that there is build up in the brook and asked whether the removal of invasive species would help that. Mr. Dauchy stated that there is sedimentation accumulation and that is a separate issue that they are not addressing at this time. He stated that vines adjacent to the stream could be pulled out. Mr. Harpin stated that he would just like to see it cleaned up enough so that the stream will flow properly. Mr. Kozloski asked if they would be removing the sumac. Mr. Dauchy stated no, only • r Agawam Conservation Commission December 14, 2006 Page 3 the invasive species. Mr. Kozloski stated that the Commission may want additional plantings at a later date. There being no public input, the public hearing was closed. The Order will be written at the end of the meeting. 7. DISC. & VOTE - 2006 Open Space& Recreation Plan Ms. Dachos was in attendance. She had made a presentation on this at a previous meeting, however, the Commission did not vote on a recommendation at that time. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to accept the 2006 Open Space. and Recreation Plan and to send a letter of support which will be signed by the full Commission. VOTE 5-0 Mr. Soticheck left the meeting at this time. 8. ENFORCEMENT ORDERS - 1514 Main Street There was nothing new to report on this. Worthington Brook Circle. The owners of the Worthington Brook Circle property,the Gada's, were in attendance as well as their neighbors,the Wills. Mr. Kozloski stated that he got a copy of the subdivision plan from the Engineering Department and that it does appear that the Gada's have done work in the riverfront area. The Commission informed them that no further cutting is to take place and they scheduled a site visit for Saturday at 9:00 AM. The Gada's were informed that replanting may be required. Mr. and Mrs. Wills stated that the Gada's have cut trees and bulldozed on their property. Mr. Kozloski stated that they will bring the auger with them to the onsite. Motion was made by Ms. Messick ans seconded by Mr. Harpin to amend the agenda to include the "add-on's". VOTE 4-0 Mr. Soticheck returned to the meeting at this time. 10. CERTIFICATE OF COMPLIANCE - 121 Ridgeway Drive-Guiel Mr. Kozloski stated that he will make this inspection next week. Motion was made by Ms. Messick and seconded by Mr. Meagher to issue a Certificate of Compliance on 121 Ridgeway Drive pending a favorable inspection by a Commission member. VOTE 5-0 r Agawam Conservation Commission December 14, 2006 Page 4 CERTIFICATE OF COMPLIANCE - Suffield Street -Russo This item was tabled to the next meeting. DISCUSSION - Suffield/Adams Street Mr. Kozloski stated that this is the site of a machine shop and that work is taking place next to the stream. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to issue an Enforcement Order on property at Suffield and Adams Street pending an inspection. VOTE 5-0 The Commission then wrote the Order of Conditions for Cumberland Farms. A copy can be obtained from the Commission's office or the Town Clerk's office. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue the Order of Conditions for Cumberland Farms as written. VOTE 5-0 The meeting adjourned at 7:40 PM. 0L I kl AGAWAM CONSERVATION COMMISSION November 30, 2006 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker 01 Steven Douglas Fred Harpin Frank Meagher °e r�- Mark Soticheck A H ay MEMBERS ABSENT: (T Jill Messick rr ALSO PRESENT: Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. ' 1. APPROVAL OF MINUTES -November 9, 2006 Motion was made by Mr. Soticheck and seconded by Mr. Meagher to approve the minutes of November 9, 2006 as written. VOTE 6-0 2. REQUEST FOR DETERMINATION - Witheridge Street-Kot Mason Maronn of D.L. Bean, Inc. was in attendance to present this RDA for the construction of a single family home. He stated that a slight portion of the 10'wide driveway will be within the 100'buffer zone and all other work will be outside of that area. Along with the construction of the single family home, they will be relocated a section of an existing paved waterway. The site is 1.6 acres. A building envelope is shown on the plan,however, Mr. Maronn stated that the exact location of the home is not yet known. The entire building envelope that is shown is out of the 100'buffer zone. Mr. Maronn stated that the steepest grade proposed will be 3:1. Mr. Kozloski asked how wide the narrowest portion of the building envelope was. Mr. Maronn stated 60'. Mr. Kozloski stated that he feels a Notice of Intent should be submitted for this project so that the limits of the lawn and exact house location can be shown. After a lengthy discussion, members were in agreement that a Notice of Intent be required. There was no public input. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to issue a Positive Determination of Applicability for Kot on Witheridge Street. VOTE 5-0-1 (Harpin abstained) Agawam Conservation Commission November 30, 2006 Page 2 Motion was made by Mr. Harpin and seconded by Mr. Meagher to amend the order of the agenda. VOTE 6-0 4. ENFORCEMENT ORDER(update) -Worthington Brook Circle Mr. Kozloski stated that the property owner(Gada)that the Commission issued the Enforcement Order to, contacted him last Friday evening. He met ons-site with the owner the following day and instructed Mr. Gada to submit a plan of what he is proposing to do behind his house where he has been cutting trees. He stated that although he did not have the auger with him to do borings, it appears that the cutting is very close to or within a wetland. He will be going back out to the property with the auger when the plan has been received. The neighbors to this property, the Wills, were in attendance this evening. They expressed their concern of the lack of enforcement of this activity. They hired a surveyor and found that the neighbor has cut 28 trees on their property which are within 200'of a stream. They are looking to the Commission for assistance on this matter. It was explained to them that the Commission cannot require the neighbor to do work on their property, that would be a civil matter. Motion was made by Mr. Meagher and seconded by Mr. Douglas to send a letter to Mr. Gada of 15 Worthington Brook Circle stating that a plan of what he is proposing to do on his property must be submitted to the Commission by next Thursday or this matter will be turned over to DEP. VOTE 5-0-1 (Soticheck abstained) Mr. Kozloski stated that he will hand deliver this letter. 3. ORDER OF CONDITIONS - Burlington Estates -Poplar Street The Commission wrote this Order. A copy can be obtained from the Town Clerk office or the Commission office. Motion was made by Mr. Soticheck and seconded by Ms. Becker to issue the Order of Conditions for Burlington Estates as written. VOTE 6-0 Mr. Kozloski left the meeting at this time. 4. ENFORCEMENT ORDER-Vernon Street(ratify) Mr. Harpin explained that this Enforcement Order was issued by Mr. Kozloski for an addition that is being built to a house that is next to a brook. He stated that the haybales and silt fence Agawam Conservation Commission November 30, 2006 Page 3 have since been installed. Motion was made by Mr. Meagher and seconded by Mr. Soticheck to ratify the Enforcement Order issued to Molta on Vernon Street. VOTE 4-0-1 (Harpin abstained) 5. COMPLAINTS -Hunters Greene Circle South Westfield/Shoemaker Lane This item was tabled to the next meeting as Mr. Kozloski made the inspections and will report on them. 6. REQU. FOR DETERMINATION CONT. - Robinson State Park 7. PUBLIC HEARING CONT. -Notice of Intent- Cumberland Farms - Suffield Street 8. PUBLIC HEARING CONT. -Notice of Intent-1200 Suffield St.-Commonwealth Comm. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to continue items #6, 7 and 8 to December 14, 2006 as was requested by the applicants. VOTE 5-0 Motion was made by Mr. Soticheck and seconded by Mr. Meagher to amend the agenda to include a discussion of Rarnah Circle and Cosgrove Avenue. VOTE 5-0 Mr. Soticheck stated that during a site visit last month on Ramah Circle, it was noted that dumping has occurred in a wetland and there appeared to be an oily film on the water. The members agreed that this issue be pursued and DEP be notified as well. Mr. Soticheck also stated that there is dumping occurring on Cosgrove Avenue adjacent to a brook. Members will make site visits prior to the next meeting. The meeting adjourned at 7:15 PM. r AGAWAM CONSERVATION COMMISSION November 9, 2006 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Fred Harpin Jill Messick vM Mark Soticheck q a hcnz MEMBERS ABSENT: o r Frank Meagher Steven Douglas A c ALSO PRESENT: 'C- Deborah S. Dachos Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES -October 26,2006 Motion was made by Mr. Soticheck and seconded by Ms. Messick to approve the minutes of October 26, 2006 as written. VOTE 5-0 2. PUBLIC HEARING CONT. - Notice of Intent- Burlington Estates - Poplar Street The Commission received a correspondence from NHESP stating that an Order of Conditions can be written for this project,however, the applicant must submit more information on wildlife habitat assessments (MESA)before work can begin on the subdivision. John Spineti of Twin Oaks Road was in attendance and stated that he has seen box turtles on the property as well as yellow spotted salamanders. He has lived there for seventy years and does not feel that now is the time for NHESP to walk the property, it should be.done in the spring. He is very concerned with the river&ont area of Great Brook and work in this area possibly destroying habitat. Ms. Dachos explained that the box turtle is an upland species and they are probably on his property as well and he farms the land. Ms. Spineti then spoke of a large dump site at the beginning of the wetland. Mr. Soticheck stated that will need to be cleaned. There being no further public input, the Commission closed the public hearing. The Order will be written at the next meeting. 3. REQUEST FOR DETERMINATION - Robinson State Park-Friends of Robinson Park This item was continued until December 141n Agawam Conservation Commission November 9, 2006 Page 2 10. CERTIFICATE OF COMPLIANCE- 8 Charest Lane Mr. Harpin made this inspection and recommended that a Certificate be issued at this time. Motion was made by Mr. Harpin and seconded by Ms. Messick to issue a Certificate of Compliance on 8 Charest Lane. VOTE 6-0 3. REQUEST FOR DETERMINATION -Riverview Avenue- Ethier Mr. Ethier was in attendance to present this RDA which involves the construction of a second floor to an existing home on Riverview Avenue. Mr. Kozloski asked how much of the retaining wall he intends to repair. Mr. Ethier stated that there is approximately 8 linear feet of an existing retaining wall that he needs to repair. Motion was made by Mr. Soticheck and seconded by Mr. Harpin to issue a Negative Determination of Applicability for Ethier on Riverview Avenue. VOTE 6-0 5. PUBLIC HEARING CONT. - Notice of Intent- Cumberland Farms - Suffield Street This item has been continued to December 14'. A site visit will be scheduled for next week. 6. PUBLIC HEARING CONT. - Notice of Intent- 1200 Suffield Street This item has been continued to December 14' 7. ENFORCEMENT ORDER- 1514 Main Street A site visit with DEP will be scheduled for next week. 9. ENFORCEMENT ORDER-Worthington Brook Circle(ratify) Mr. Harpin issued this Enforcement Order for cutting of trees adjacent to or within a wetland. Motion was made by Mr. Harpin and seconded by Ms. Messick to ratify the Enforcement Order issued to Gada on Worthington Brook Circle. VOTE 6-0 Agawam Conservation Commission November 9, 2006 Page3_ The Commission then discussed a memo they received from the Engineering Department regarding an erosion problem on Anvil Street. Mr. Kozloski and Mr. Harpin have walked the site and found that the erosion has not yet reached the wetland but they feel it will soon. The members agreed that an on-site should be held with the developer(Mr. Calabrese),the Engineering Department, Conservation Commission members and the developer's engineer. Motion was made by Mr. Soticheck and seconded by Ms. Becker to issue an Enforcement Order to Charles Calabrese on Anvil Street instructing him to follow the recommendations set forth by the Engineering Department and to contact the Commission immediately to schedule a site visit. VOTE 6-0 The meeting adjourned at 7:10 PM. 7owrn Glee AGAWAM CONSERVATON COMMISSION OCTOBER 26, 2006 MEMBERS PRESENT: o � Henry Kozloski, Chairman �_ fir' Sheryl Becker r A Steven Douglas -v Fred Harpin � cn�- Frank Meagher '�- Jill Messick Mark Soticheck � 1. APPROVAL OF MINUTES-September 28, 2006 Motion was made by Mr. Harpin and seconded by Mr. Meagher to approve the minutes of September 28, 2006 as written. VOTE 7-0 2. PUBLIC HEARING CONT. - Notice of Intent - Poplar St. -- Burlington South Realty Trust Joe Petronino of Environmental Services was in attendance. He stated that he has received comments from Engineering but nothing from the Natural Heritage Endangered Species Program. The Commission agreed that the public hearing not be closed until comments from NHESP are received. Mr. Petronino will submit a written request to continue. 3. REQUEST FOR DETERMINATION- Friends of Robinson State Park- Ray Webber, 197 Main St. in W. Springfield was in attendance and submitted the RDA for The Friends of Robinson State Park. He stated that he was advised by Ms. Dawson to file the request for Determination. The Commission explained to him that in order to approve a wetland delineation, the wetlands must first be flagged and mapped and then submitted to the Conservation Commission so that a site walk can be scheduled to verify the wetland flagging. Mr. Kozloski stated that even if the wetlands are mapped,the logging activity is still exempt. He stated that he took pictures so that we can tell if there are any violations and the best thing the Commission can do is to monitor the work and if needed,the Commission could enforce any violations. Motion was made by Mr. Soticheck and seconded by Mr. Harpin to extend this RDA until the Commission's December 14''meeting. VOTE 7-0 Ms. Dachos suggested to Mr. Webber that he come into the office and view other wetland delineation maps. f 4. CERTIFICATE OF COMPLIANCE- 59 Morningside Circle Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue a Certificate of Compliance on 59 Morningside Circle based on a favorable inspection by a Commission member. VOTE 7-0 CERTIFICATE OF COMPLIANCE - 99 Mill Street Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue a Certificate of Compliance on 99 Mill Street based on a favorable.inspection by a Commission member. VOTE 7-0 Public.Hearing Cont. - Notice of Intent- Suffield St., Cumberland Farms- has been continued to December 5.. Public Hearing Cont. — 1200 Suffield St., Commonwealth Communities- has been continued to December 6. Enforcement Order(update)— 1514 Main St. —Connor- Mr. Harpin stated that the site looks good. Mr. Petronino stated that his client has received a unilateral administrative consent order from DEP. They now need to schedule a site visit with Karen Hirshberg from DEP, the Commission, and the applicant, as well as Mr. Petronino. Mr. Petronino is waiting to hear from Karen of DEP to set up the on- site. Enforcement Order(update)--250 Suffield St.- The members agreed to conducte an onsite to inspect for the planting of blueberry bushes, in spring. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to add to the agenda a discussion of Pynchon.Point. VOTE 7-0 Ms. Dachos stated that she received notification from DCR that there is a 75K entitlement set aside for Pynchon Point, but that the Town must apply for it. She prepared and submitted the application and it was submitted on time. The item will be on the Council agenda on Nov. 8 for them to accept the money, but the Town won't hear from DCR it until December. The project must be completed and the construction done by June 4th with a close out in 4-5 months. The meeting adjourned at 7:08 PM. `7w Agawam Conservation Commission September 28, 2006 Page 1 AGAWAM CONSERVATON COMMISSION SEPTEMBER 28, 2006 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Fred Harpin C Frank Meagher z Jill Messick. n� f c: Mark Soticheck m MEMBERS ABSENT: v Steven Douglas �n ALSO PRESENT: Deborah S. Dachos 1. APPROVAL OF MINUTES— September 14, 2006. Motion was made by Ms. Messick and seconded by Mr. Soticheck to approve the minutes of September 14, 2006. VOTE 6-0 2. 6:30 PUBLIC HEARING- Agawam Open Space and Recreation Plan Deborah Dachos, Director of Planning and Community Development, made a presentation on the Town's 2006 Open Space and Recreation Plan. Three members of the Conservation Commission (Mr. Kozloski, Ms. Messick and Ms. Becker) serve on the Open Space and Recreation Plan Committee which is working to update the Town's Open Space Plan. Ms. Dachos went over two components of the Plan. Jack Kunasic (previous Park and Rec director) and Chris Sparks (current Park and Rec Director) were present. Mr. Kozloski asked for comments and questions from the public Jack Kunasek, 16 Sequoia Dr., Feeding Hills, 3910 Pepper Place, Coco Beach, stated that he has a concern re: umpiring. He stated that has read in paper about cleaning up trash, and lack of maintenance of Town facilities. He feels that money seems to get lost, even when it is put in the budget. Mr. Sparks stated that Parks and Rec does not have money in their budget- it goes back into Dept. of Public Works. Mr. Kunasek went on to say that he feels that the maintenance staff is insufficient and that the Town needs to put more long term thought into rec areas, such as.Perry Lane. He stated that he is concerned about safety of Perry Ln. pool and that he has spoken with Mayor about it. Agawam Conservation Commission September 28, 2006 Page 2 Ms. Becker stated that these are long range plans and will eventually be done. Mr. Kozloski stated that things can be pushed forward and if we had more volunteers from town,things would move forward. Teresa Kozloski, 102 Meadow St., Agawam is also on the Town's Open Space Committee and stated that she wonders what the possibility is of the priority items included in the years 06-07 actually moving forward in those years. Ms. DAchos stated that the Town recreation pamphlet, Phase 2 of the Riverwalk, Agawam Meadows, and Robinson will be done. Mrs. Kozloski asked what the Town is waiting for on Shea field. Ms. Dachos stated we need a design person. Mrs. Kozloski then asked about the Agawam Meadows. Ms. Dachos explained that the property is under Chapter 61 A and that the Town can exercise its right of first refusal when an offer has been made on the land. Mr.Kunasek asked what percentage of the population responded to the survey. Ms. Dachos stated that she doesn't know exact number,but we had a very good response. She then stated that having the School Street Park in the previous Open Space and Recreation Plan helped the Town get a 500K grant to implement that plan. 3. Public Hearing,Notice of Intent- Suffield Street- Cumberland Farms Steve Decorsi, Bohler Engineering and Chuck Dauchy, Environmental Scientist were in attendance. They reviewed resource area. Mr. Dauchy stated that they previously thought this was a perennial stream, however, he provided photographs taken on four separate days that show both upstream and downstream dry. They have filed this project as intermittent stream not perennial as the watershed area is well under '/Z square mile. Mr. Dauchy stated that David Foulis of DEP, issued file number on this project, and agreed that it was intermittent. Mr. Dauchy stated that to meet the requirements of the law, a map showing the stream as intermittent is not necessary if personal observation is met. Mr. Kozloski stated that the Commission will require that the watershed area is less than is required. Mr. Soticheck asked how far up stream they looked at. Mr. Dauchy stated that he did not go all the way up the stream. Mr. Kozloski stated that the Commission will be requiring that we be shown conclusively that the watershed area is smaller than necessary to be intermittent as other people were put through hoops because it was a river until now. Mr. Dauchy stated that DEP based their opinion on his photos and his affidavit and that possibly no one had observed that the stream was dry. Mr. Decorsi stated that the drainage from the site will be improved and that it currently drains directly into the wetland. This proposal will include stormwater quality treatment and improvement. Comments from the Engineering Department were reviewed. It was agreed that an on- site be scheduled for next Tuesday at 10:00. The Commission continued the public hearing to the next meeting. Agawam Conservation Commission September 28, 2006 Page 3 4. Public Hearing Continued-Notice of Intent- Poplar St:Burlington South Joe Petronino of Environmental Services was in attendance. He submitted a proposed restoration plan for the riverfront areas. He stated that sumac (staghom) and those vines that look like grapes but aren't,will invade the area unless they plant trees. He stated that they are still working with the Engineering Department. The Commission agreed that they were satisfied with the proposed restoration plan. Mr. Kozloski stated that they need to get engineering approval for detention basins. He asked for any public input. John Spinetti, Twin Oaks Road, stated that the new Habitat Map from the National Heritage Endangered Species Program is in effect as of October 1, 2006 and that he has seen box turtles on this site. Mr. Kozlosld stated that he will contact NHESP for clarification on whether the new map would apply to this filing. The public hearing was continued to the next meeting. Public Hearing Continued- -1200 Suffield St. - Commonwealth Communities This hearing was continued once again at the request of the applicant's representative. 5. Enforcement Order Update- 1514 Main St. - Connor- need to give Mr. Connor additional time. A request was submitted. Motion was made by Ms. Messick and seconded by Mr. Soticheck to give Mr. Connor 12 more days to address the Commission's Enforcement Order for work at 1514 Main Street. VOTE 6-0 250 Suffield St.-Ogorzolek-nothing new to report. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to amend the agenda to include the "add-on's". VOTE 6-0 Certificate of Compliance- 149 Coyote Circle Upon researching the records, it was noted that this Certificate was already issued. No further action is necessary. Discussion- Meadow Street Mr. Calabrese is planning to construct apartments. The Commission previously voted to issue a negative determination. There is a concern that through permitting process, the Engineering Department is requiring Mr. Calabrese to re-build the storm drain system. Dave Bean of D.L. Bears, Inc. was in attendance and showed pictures of the pipe that's going to be replaced. He stated that they will remove the pipe,replace the pipe and put in a new collar tie. The section to be replaced is exposed. The rest is not. The Commission previously allowed this work to be done as part of"maintenance" and no filing would be Agawam Conservation Commission September 28,2006 Page 4 necessary. The issue is back before the Commission now as the plan for the repair has been prepared. The members agreed that this work would still be allowed as "maintenance"with no further filing necessary. Discussion-Twisty's, Main Street--Cirillo Mr. Kozloski stated that filling has taken place behind the new Twisty's restaurant on Main Street,beyond what was approved by the Commission. A letter has been sent to Mr. Cirillo stating that further filing is necessary if he is filling more than was approved. Riverview Avenue - Mr. Kozloski stated that he has been contacted by a person who wants to build a second floor to his house. He called DEP as the house is in flood plain. He asked if a Notice of Intent would be necessary. He was told that this could be done through a Request for Determination. The meeting adjourned at 8:06 PM. a` *er;0 Agawam Conservation Commission September 14, 2006 Page 1 AGAWAM CONSERVATION COMMISSION September 14,2006 MEMBERS PRESENT: v Henry A. Kozloski Cn C Sheryl Becker c'-ZW Fred Harpin Frank Meagher �' 3 rr Jill Messick s ; Mark Soticheck tp �.t to'5 MEMBERS ABSENT: Steven Douglas ALSO PRESENT: Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES—August 24, 2006 Mr. Kozloski stated that item #10 should reference Mr. Harpin being at the site visit on Suffield Street as well. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to approve the minutes of August 24, 2006 with the noted correction. VOTE 6-0 2. REQUEST FOR DETERMINATION—Elmar Drive—Stork Mr. Stork was in attendance to present this RDA for the addition of a garage to his home. There is a stream approximately 75' from the proposed addition. Mr. Harpin recommended that Mr. Stock place staked haybales when the footing is being dug. Although the site is fairly flat,he felt that the haybales should be used. Motion was made by Ms. Messick and seconded by Ms. Becker to issue a Negative Determination of Applicability for Stork on Elmar Drive. VOTE 6-0 3. CERTIFICATE OF COMPLIANCE—Suffield Street—Russo Mr. Kozloski explained that while making this inspection,he found a violation on the property. An Enforcement Order was issued to the property owner and will be ratified Agawam Conservation Commission September 14, 2006 Page 2 this evening. The property owners were in attendance. Henry—meet onsite to show locations for trees to be planted. Fred—too many trees proposed. Henry 6 or 7. Fred— type of tree that likes water very wet. Onsite scheduled for next Wednesday, 10:00 AM. Motion was made by Mr. Soticheck and seconded by Ms. Messick to ratify the Enforcement Order issued on Suffield Street Vote 6-0 CERTIFICATE OF COMPLIANCE-- 163 Colemore Street No further action was necessary on this as the Commission voted at their last meeting to issue pending a favorable inspection, which was made. The Certificate was issued. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to amend the agenda to include the"add-on's" and a discussion of 31 Gunn Geary Lane. VOTE 6-0 4. SET ONSITE— 50 Russo Circle The Commission received a letter from a prospective buyer of this property who wishes to locate a landscape design and construction company on the site. They have asked to meet with Commission members to see if the would be able to store small quantities of landscape materials (bark mulch, processed gravel, loam) in close proximity to the building. The members agreed to meet on-site on Wednesday, 10:30. 5. COMPLAINT - End of Day Street Mr. Kozloski explained that the office received a complaint regarding the installation of a culvert behind the Uncle Sam's Storage facility on Springfield Street. That property is adjacent to the end of Day Street. Mr. Kozloski stated that he will investigate further with DPW. 6. REQUEST FOR DETERMINATION Cooper Street Town of Agawam Mr. Kozloski explained that this RDA concerns the property adjacent to the High School that was recently purchased by the Town. The property is known as the "Learning Tree" property and will be used for outdoor classroom activities. There are a series of trails on the property that exist but need some maintenance. This RDA covers that work. Mr. Kozloski stated that a Notice of Intent will be required for the construction of a bridge over the stream which is proposed. Mr. Kozloski and Ms. Messick have met onsite. Mr. Kozloski stated that CPA funds will be applied for the bridge construction and that the property is all within riverfront the area. Mary Olokuwicz, Science Dept. Head at high school was in attendance. She stated that they are planning on improving the existing Agawam Conservation Commission September 14, 2006 Page 3 trails and may put mulch on them. The cost of the bridge is yet to be determined. Mr. Kozloski stated that the area must be handicapped accessible. Mr. Kozloski stated that the Town dumping that is taking place is not to impede on the conservation land. Ms. Olokuwicz stated that the trees are to be marked by the horticulture and environmental classes. Motion was made by Ms. Becker and seconded by Mr. Harpin to issue a Negative Determination of Applicability for the Cooper Street property owned by the Town of Agawam. VOTE 6-0 7. PUBLIC HEARING COT. —Notice of Intent—Poplar Street—Burlington Estates Joseph Petronino of Environmental Services was in attendance along with Ron Huot of Anderson Associates. Changes to the plan were made as a result of the last Commission meeting. These changes include: Lots 12 and 13 backyards larger. To address concerns, they propose to re-vegetate area to hardwood forest—red oak,white pine and silver maple. They stated that it is a very dry site. At the edge of the no disturbance zone will be plantings of multi flora rose. Mr. Huot stated that the Engineering Department comments pertain to the outfall. Box turtle issue— 10%met and allowed with changes. The new habitat map that the Commission received from NHESP was reviewed as an abutter at the last meeting stated that there are box turtles on the site. The new map shows an area of subdivision as being priority habitat of rare species and estimated habitat of endangered wildlife. Mr. Petronino stated that he will send this filing in to NHESP. John Spinetti, 43 Twin Oaks Rd.,presented map about endangered species to Commission. States has seen boxed turtles repeatedly on site. He stated that this is a very sensitive ecological area, needs to be protected. The public hearing was continued for two weeks. 8. PUBLIC HEARING CONT. Notice of Intent—Suffield Street— Commonwealth Communities The applicant's representative has requested another continuance of this public hearing to October 12, 2006. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to continue the public hearing for Commonwealth Communities to October 12, 2006 as requested by the applicant's representative. VOTE 6-0 9. ENFORCEMENT ORDER(UPDATE) 1514 Main Street r Agawam Conservation Commission September 14, 2006 Page 4 Mr. Kozloski stated that he and Mr.Harpin met on-site today with Mark Stinson and Karen Hirschberg of DEP. They made a few recommendations-(i.e.want fabric pulled up, will send GPS mapping to find out where edge of parking lot.) Mr. Kozloski told Mr. Petronino that the owner has to request an extension in writing very,very soon. He also found that the silt fence is not proper. Mr. Harpin stated that a certified letter, return receipt, should be sent to the owner informing him that he must ask for an extension and if the Commission does not hear from him in next 3 days they will turn it over to DEP. Motion was made by Mr. Soticheck and seconded by Mr. Harpin that the Commission send above certified letter. VOTE 6-0 10. DISCUSSION—Robinson Park Mr. Kozloski stated that there was a recent article in The Reminder on the tree cutting at Robinson Park. He stated that the article was incorrect. The Town Council will write a resolution. Henry will attend Town Council meeting. Says they had written comments at the last meeting, Henry wants to explain. Jill suggests that the statement to the Council be given in a positive light. Henry wants to let people know that we have done what we can do according to the procedures and protocol. Henry says that 6 years ago, the state spent over 5K to correct the problems at Robin Ridge. 11. 31 Gunn Geary. Tree marked, 80 feet from brook,on side of house, enforcement order is out, they have cleared out all the brush in the back. The meeting adjourned at 7:50 PM. Agawam Conservation Commission August 24, 2006 Page l AGAWAM CONSERVATION COMMISSION August 24, 2006 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Steven Douglas G->ZE Fred Harpin A' Frank Meagher r- Jill Messick PC Mark Soticheck _ A c cn"h ALSO PRESENT: o ` , Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. I. APPROVAL OF MINUTES-August 10, 2006 Motion was made by Ms. Messick and seconded by Ms. Becker to approve the minutes of August 10, 2006 as written. VOTE 7-0 2. PUBLIC HEARING CONT. -Notice of Intent-Burlington Estates-Poplar Street Joseph Petronino of Environmental Services was in attendance to go over changes that have been made to the plan since the last presentation. These changes have not yet been. reviewed by the Engineering Department. He stated that the nearest they now are to the riparian area is the limit of work line which is 25' off the riparian zone line. He stated that the total disturbed area in the outer riparian zone is 17,180 sf or(8%). There was a lengthy discussion regarding enforcement of the areas that will have to remain undisturbed on lots 13, 14 & 15. Mr. Huot suggested that the Commission add a requirement in the Order of Conditions that monuments be placed or plantings be placed to serve as a boundary on the lots where the areas must remain undisturbed. Mr. Kozloski stated that the owners will go into that area and want to mow it and according to the Act they can't. Mr. Petronino stated that they have met the Performance Standards at 8%. Mr. Huot suggested that they go for the full 10% of disturbed area allowed which may provide for larger usable yards on those lots. Ms. Messick stated that she is concerned with possible future dumping of debris and clippings over the embankment on lot 15. She stated that she would like to see a physical boundary placed on the three lots. Mr. Petronino also suggested wildlife enhancement plantings on a 1:1 basis on those three lots. Mr. Huot agreed to plot the existing tree line on the plan. Agawam Conservation Commission August 24, 2006 Page 2 John Spineti,43 Twin Oaks Road spoke at the last meeting regarding the need for a MEPA study and was told that the project was not large enough to warrant that. This evening he expressed concern over the presence of endangered species on the site (boxturtles, salamanders). He stated that they live on the land and in the water. He also stated that he spoke with NHESP and was told that an endangered species area borders Poplar Street. He feels that a wildlife habitat assessment should be required for this project. Mr. Kozloski stated that he would look into it. Ms. Becker stated that the NOI says no to the NHESP question. In conclusion, the members asked to see a physical boundary and up to 10% allowed disturbance on those three lots. The Commission continued the public hearing to the next meeting. 3. PUBLIC HEARING CONT. —Notice of Intent Commonwealth Communities The Commission continued this hearing once again. 4. REQUEST FOR EXTENSION—Silver Lake The Commission had requested specific information of Silver Lake Associate's Environmental Consultant(Lycott Environmental)regarding the treatment of Silver Lake. Ms. Messick was not satisfied with the information they received as it doesn't state how effective the treatments have been. She stated that she would more information on the water quality and types of weeks being treated as well as the types of chemicals being treated and their effectiveness. She asked that these reports be submitted yearly,beginning this August. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to extend the Order of Conditions for Silver Lake Estates for two years and to add a requirement for yearly reports beginning this August on the effectiveness of the treatments at Silver Lake, types of chemicals being used; what they are treating, water quality info and an updated copy of their environmental assessment. VOTE 7-0 REQUEST FOR EXTENSION - West Springfield Fish& Game Club—Garden St. Motion was made by Ms. Messick and seconded by Mr. Soticheck to grant a two year extension for the West Springfield Fish and Game Club with the same requirements as with Silver Lake. Upon discussion, the members agreed that the extension be granted with no conditions as this is the first extension to this Order of Conditions. Agawam Conservation Commission August 24, 2006 Page 3 Motion was made by Ms. Messick and seconded by Mr. Soticheck to withdraw the previous motion. . Motion was made by Mr. Harpin and seconded by Ms. Becker to grant a two year extension to the Order of Conditions for the West Springfield Fish& Game Club. VOTE 7-0 REQUEST FOR EXTENSION - Longbrook Estates Motion was made by Mr. Harpin and seconded by Ms. Messick to grant a two year extension to the Order of Conditions for Longbrook Estates. VOTE 7-0 5. CERTIFICATES OF COMPLIANCE— Suffield Street -Russo Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue a Certificate of Compliance on Suffield Street for Russo pending a favorable inspection by a Commission member. VOTE 7-0 163 Colemore Street Motion was made by Mr. Soticheck and seconded by Mr. Harpin to issue a Certificate of Compliance on 163 Colemore Street pending a favorable inspection by a Commission member. VOTE 7-0 6. Enforcement Order update—Main Street—Connor A restoration plan was submitted this evening by Joe Petronino, whom the property owner hired to oversee the Enforcement Order requirements. He stated that they will establish the tree line. Mr. Harpin stated that they need to address the fill to be removed that was dumped over embankment. The members agreed that they should meet on-site with the contractor who will be performing the work prior to work beginning. North Westfield—Stellato Members have met at this site and found all work to be completed as required. Motion was made by Mr. Harpin and seconded by Ms. Messick to lift the Enforcement Order issued to Stellato on North Westfield Street. VOTE 7-0 Agawam Conservation Commission August 24, 2006 Page 4' Wright St Members met at this site and found all work to be completed and the grass is growing. Motion was made by Mr. Soticheck and seconded by Mr. Harpin to lift the Enforcement Order issued to Western Mass. Property Services on Wright Street. VOTE 7-0 7. DISCUSSION—Meadow Street—Calabrese Mr. Kozloski informed the members that as part of a proposed apartment project on Meadow Street, Mr. Calabrese must do work on an outfall from a pond(repair end of pipe). More specifically, the headwall has to be dug out and a splash pad must be put in. He will have to place riprap. He asked the members if they felt this work came under "Maintenance"or whether a notice of intent would be required. Motion was made by Mr. Soticheck and seconded by Ms. Becker that the work needed on Meadow Street(repair end of pipe)by Mr. Calabrese,be allowed under maintenance/ repair and would not require a Notice of Intent. VOTE 7-0 Motion was made by Mr. Harpin and seconded by Mr. Soticheck to amend the agenda to include the"add-on's". VOTE 7-0 CERTIFICATE of COMPLIANCE - Leonard Street - Zyats Motion was made by Mr. Soticheck and seconded by Ms. Messic to issue a Certificate of Compliance for Zyats on Leonard Street,pending a favorable inspection by a Commission member. VOTE 7-0 10. COMPLAINT—Suffield Street Mr. Kozloski went out on a complaint from a resident of Castle Hills who abuts the house being built on Suffield Street by Tirane who has complained that the work being done is causing flooding near his building. Mr. Kozloski stated that this site may need a swale. He will do further research. 11. DISCUSSION—The Meadows Mr. Kozloski informed the.members that "The Meadows"property is for sale - $210,000. He asked the Commission if they would support applying for CPA funds to purchase the property as it has always been contained in the Town's Open Space and Recreation Plan Agawam Conservation Commission August 24,2006 Page 5 as a priority to preserve. Mr. Harpin stated that he did not support the purchase of it as it is mostly wetland/floodplain and nothing can be done down there. He also didn't support taking the property off the tax rail. Mr. Kozloski stated that the taxes being paid on this property are approximately$696 per year and that purchasing the land could provide access to the river. Motion was made by Ms. Messick and seconded by Ms. Becker that the Conservation Commission apply for CPA funds to purchase "The Meadows". VOTE—6-1 (Harpin opposed) The meeting adjourned at 7:30 PM. Uu/h AGAWAM CONSERVATION COMMISSION August 10,2006 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Steven Douglas C_ Fred Harpin c c1 3:w MEMBERS ABSENT: Go Fran Meagher Jill Messick A%X.o Mark Soticheck © cn ALSO PRESENT: Deborah S. Dachos Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL.OF MINUTES - July 27, 2006 Motion was made by Mr. Harpin and seconded by Ms. Becker to approve the minutes of July 27, 2006 as written. VOTE 3-0-1 (Kozloski abstained) 2. PUBLIC HEARING CONT. -Notice of Intent- Lot 3A Moreau Place -Russo Joseph Petronino of Environmental Services was in attendance. He explained that a revised plan has been prepared which shows riverfront area disturbance of 435 SF as opposed to the original plan which showed 1,600 SF of disturbance. Additional shrubs will be planted. The plan shows a proposed pool which may be in-ground. The members felt that the Order of Conditions should stipulate that the owners of this lot must maintain the detention basin which is already constructed. There being no public input, the Commission closed the public hearing. The Order of Conditions was then written. A copy can be obtained from the Commission office or the Town Clerk's office. Motion was made by Ms. Becker and seconded by Mr. Douglas to issue the Order of Conditions for Russo,Lot 3A Moreau Place as written. VOTE 3-0-1 (Harpin abstained) 3. PUBLIC HEARING CONT. -Notice of Intent- Burlington Estates -Poplar Street This item was continued once again at the request of the applicant. Agawam Conservation Commission August 10,2006 Page 2 _ 4. PUBLIC HEARING CONT. -Notice of Intent-1200 Suffield St.-Commonwealth Comm. This item was continued once again at the request of the applicant. 5. REQUEST FOR EXTENSION - Silver Lake Associates Lycott Environmental submitted a request for extension of the Order of Conditions for the treatment of Silver Lake. Mr. Kozloski read a letter that the Commission sent to Silver Lake Associates in June asking for information on the treatment of the lake,types of herbicides being used, dilution factors,effectiveness, etc. To date,the Commission has not received a response to that request for information. Motion was made by Mr. Harpin and seconded by Ms. Becker to send a letter to Silver Lake Association stating that the information requested by the Commission previously must be submitted prior to the next meeting or an extension will not be granted. VOTE 4-0 6. CERTIFICATE OF COMPLIANCE - Suffield Street-Russo Motion was made by Mr. Harpin and seconded by Mr. Douglas to table the Certificate of Compliance for Russo on Suffield Street to the next meeting as it was unclear as to what the Order of Conditions covered. VOTE 4-0 7. ENFORCEMENT ORDER UPDATE - Main Street- Connor The members agreed to meet onsite next Monday at 8:00 AM with Mr. Connor and his representative, Joseph Petronino. Two other onsites will be held that day as well (Enforcement Order-Wright Street and Enforcement Order- North Westfield Street). Motion was made by Mr. Harpin and seconded by Mr. Douglas to amend the agenda to include the add-on's. VOTE 4-0 7. REQUEST FOR EXTENSION -West Springfield Fish and Game Club Motion was made by Mr. Harpin and seconded by Ms. Becker to continue the Request for Extension for the W.S. Fish and Game Club to the next meeting. VOTE 4-0 r Agawam Conservation Commission August 10, 2006 Page 3 SIGN CERTIFICATE OF COMPLIANCE - Leonard Street-Zyats Mr. Kozloski and Mr. Harpin have met on the site with the owner and the contractor and informed them that a 3:1 slope must be provided so that it can be mowed. The grass is not yet growing and there is a pile of dirt that needs to be removed if it is on this property. Mr. Kozloski explained that he responded to a complaint from a neighbor regarding flooding from this site. The site is being regraded and they will inform the office when another inspection could be scheduled. This item will be placed on the next agenda. The meeting adjourned at 7:15 PM. r %yam AGAWAM CONSERVATION COMMISSION July 27, 2006 MEMBERS PRESENT: Fred Harpin, Acting Chairman Sheryl Becker C C- Steven Douglas Frank Meagher � Jill Messick 3 r�n; = n MEMBERS ABSENT: Henry A. Kozloski, Chairman Mark Soticheck ` ALSO PRESENT: Pamela R. Kerr Mr. Harpin called the meeting to order at 6:30 PM. L APPROVAL OF MINUTES - July 13, 2006 Motion was made by Mr. Meagher and seconded by Ms. Becker to approve the minutes of July 13, 2006 as written. VOTE 5-0 2. REQUEST FOR DETERMINATION- South West Street- Moquin Mr. Harpin explained that he and Mr. Kozloski made this site visit. The applicants are replacing their existing porch which is in disrepair. The same foundation will be used. Motion was made by Mr. Meagher and seconded by Ms. Messick to issue a Negative Determination of Applicability fox Moquin on South West Street. VOTE 5-0 Motion was made by Ms. Messick and seconded by Mr. Meagher to amend the agenda to include the "add-on's". VOTE 5-0 7. CERTIFICATE OF COMPLIANCE - 52 Coyote Circle Motion was made by Mr. Meagher and seconded by Mr. Douglas to issue a Certificate of Compliance on 52 Coyote Circle pending a favorable inspection by a Commission member. VOTE 5-0 Agawam Conservation Commission July 27, 2006 Page 2 ` CERTIFICATE OF COMPLIANCE- 54 Kozak Court Motion was made by Mr. Meagher and seconded by Ms. Messick to issue a Certificate of Compliance on 54 Kozak Court pending a favorable inspection by a Commission member. VOTE 5-0 8. RATIFY ENFORCEMENT ORDER- 1514 Main Street - Connor Mr. Harpin explained that he and Mr.Kczloski responded to a complaint regarding working taking place on a stream bank on Main Street. They found what appears to be the enlarging of a parking lot, DEP was contacted and an Enforcement Order was issued. Motion was made by Ms. Messick and seconded by Mr. Meagher to ratify the Enforcement Order issued to Connor- 15141 Main Street. VOTE 5-0 Joe Petronino stated that he has been contacted by Mr. Connor and will be handling the restoration work that the Commission ordered. It was agreed that a site visit be scheduled next week with Mr. Petronino and Mr. Connor as well as members of the Commission. 4. PUBLIC HEARING CONT.-Notice of Intent- Burlington Estates- Poplar Street Mr. Petronino asked that this item be continued. Ms. Messick and Ms. Becker met on-site today with Mr. Petronino. Ms. Messick stated she still feels that lot 15 should be eliminated which would make the other lots more usable. Motion was made by Mr. Meagher and seconded by Ms. Messick to continue the public hearing for Burlington Estates. VOTE 5-0 5. PUBLIC HEARING CONT. -Notice of Intent - 1200 Suffield Street This item was continued once again at the request of the applicant. 3. PUBLIC HEARING-Notice of Intent - Moreau Place- Russo Joseph Petronino was in attendance to present this NOI for the construction of a single family home on Moreau Place. This lot was approved as part of the original subdivision's Order of Conditions but that has expired. DEP submitted comments which Mr. Petronino must address. Agawam Conservation Commission July 27, 2006 Page 3 Also, the Engineering Department submitted comments to be addressed. He explained that this is a previously disturbed site(this lot contains the detention basin for the subdivision which is fenced). He has shown on the plan a few more trees to be planted(adjacent to the trees already planted previously). He stated that there will be no impact to the resource area and they are well under the allowed 5,000 sf disturbance(1,650 sf disturbed area). Ms. Messick asked where the pool would drain to that is shown on the plan. Mr. Petronino stated probably the detention pond or it could be pumped out. Ms. Becker asked if there was a filing with NHESP. Mr. Petronino stated no since this area is not shown on their map.Mr. Meagher pointed out that one of DEP's comments is that the house be moved. Mr. Petronino stated that he will meet with DEP regarding their comments. Mr. Meagher also pointed out that an abutter shown on the plan was not on the abutters list(Mr. Gage). Mr.Petronino stated he would look into that. The Commission continued the public hearing to the next meeting. Motion was made by Ms.Becker and seconded by Ms. Messick to add a Certificate of Compliance for 195 Leonard Street to the agenda. VOTE 5-0 Jim Moylan was in attendance for this item. He stated that he went to the site today as one of the requirements in the Order of Conditions is that an as-built plan prepared by an RLS be submitted to provide proof that the compensatory storage area and hydraulic connection are as approved. He stated that there were still working on the site and that he will have an as-built prepared for the next meeting. Motion was made by Ms. Messick and seconded by Mr. Meagher to deny the Certificate of Compliance for 195 Leonard Street as the as-built plan has not yet been submitted. VOTE 5-0 The meeting adjourned at 7:00 PM. ' Agawam Conservation Commission July 13, 2006 Page 1 AGAWAM CONSERVATION COMMISSION July 13, 2006 MEMBERS PRESENT: Henry A. Kozloski c_ Sheryl Becker cs'-� Steven Douglas -En Fred Harpin c� n M Frank Meagher .� 3 Jill Messick = n c Mark Soticheck w c~ ALSO PRESENT: Deborah S. Dachos Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES —June 22, 2006 Motion was made by Mr. Soticheck and seconded by Ms. Becker to approve the minutes of June 22, 2006 as written. VOTE 7-0 2. REQU. TO AMEND ORDER OF CONDITIONS—Bondi's Island—City of Springfield Melissa Coady and Dana Huff of Tighe & Bond were in attendance as well as Mike Triggs, Springfield.DPW. Dana Huff explained to the members that the request is to amend the original Order of Conditions dated April of 2004. The original filing was to allow for the capping of cell 1 and do stormwater improvements. They now want to improve the leachate and pumping system. Modifications include upgrading of all leachate collection facilities and replacement of the main pump station and force main. The new pump station is in the 100 year floodplain with an earthen berm around the pumping facility. Increase compensatory volume loss from 150 cub ft to 7,000 cub ft. New plan shows compensatory storage and removal of material. Melissa Coady then went over the earthen berm and explained that they have over compensated the flood storage. She explained that they are not providing for equal volumes at equal elevations. Mr. Kozloski asked how does water get in and out. Ms. Coady stated that it percolates out, there is no outlet. It will be a two to three foot deep basin. Ms. Messick asked if these are previously disturbed areas. Mr. Huff explained that there is no new area to be disturbed and that the original order showed work along Route 5. That work now includes only the outfall will be put in. Agawam Conservation Commission July 13,2006 Page 2 Donna Jago—River Road—has questions concerning what cell is to be closed. Mr. Huff explained to her that there are three primary cells and that cell 1 is broken into subcells. She questioned the life expectancy of 20 years. Mr. Huff stated yes, that was the original expectation that they are very close to that(22 years). Ms. Jago asked about the city's plan for four years from.now? Mike Triggs stated that the final closure of cell 2 will be in approximately 18 months and that will be Energy Answer's project. He stated that he does not know the plans for the future. Ms. Jago pointed out that no more landfills are to be built in Massachusetts. There being no further questions, the Commission closed the public hearing. 3. PUBLIC HEARING—Notice of Intent—Burlington Estates—Poplar Street Joe Petronino of Environmental Services presented this NOI for an 18 lot subdivision off of Poplar Street. He stated that two homes,the detention basin and part of a roadway are within the riparian zone of a brook. He explained that a Wetland Delineation was done previously. He also stated that seeps out of the bank have been flagged and that house locations were moved per Engineering. Now the closest disturbance is at the haybale line — 100' and a total disturbance of 17,180 SF in 100 to 200' area which is 2.7%below allowable by DEP. He stated that no DEP comments have been received yet. Mr. Kozloski questioned how much of a backyard there would be on lot 15. Mr. Petronino stated it would be a 20' backyard and that lot 14 also has a 20' backyard. Lot 13 provides for a bigger backyard and Lot 12 has a 30'backyard. Mr. Kozloski asked how the Commission would enforce no disturbance on those lots in the riparian areas. Mr. Petronino stated that some towns require concrete bounds or a stockade fence. Mr. Kozloski stated that most of lot 12 is not usable and that it is not easy to prevent owners from going into that area. He suggested that they eliminate lot 12 and make the next one bigger. Ms. Messick pointed out that lot 15 drops off quickly. She stated that she supports eliminating lot 15 as the backyard is so seep and she has concerns over erosion and the possibility of the area being used for dumping of clippings in the future. Mr. Harpin stated that the homeowners can mow the grass in the riverfront areas. Mr. Kozloski stated no, the area must go back to its natural state or native plantings may be requied. Mr.Petronino stated that DEP wants nothing in 100' to 200' area and that deed restrictions could be placed on those lots. Ms. Dachas stated that the Planning Board had concerns over some of those lots also during the Preliminary Plan review and that the developer did eliminate one or more lots at that time. There was a lengthy discussion regarding how the riverfront are disturbance was calculated and the members felt that the removal of lot 15 would allow for an adjustment in the percentages on other lots and make lot 12 more usable. The public hearing was continued and a site walk will be held prior to the next meeting. Sohn Spineti, Mill Street stated that he spoke to the Department of Agriculture and asked the Commission whether a MEPA report has been filed for this project. Ms. Dachos stated no and explained that the project doesn't meet MEPA thresholds. Agawam Conservation Commission July 13, 2006 Page 3 4. PUBLIC HEARING CONT. --Notice of Intent—North St. Ext.—Matz Joe Petronino of Environmental Services presented this NOI with Mr. Matz in attendance also. Mr. Petronino stated that Mr. Matz would rather pipe the water than channel it. (as the original plan showed). Mr.Kozloski and Mr. Harpin walked the site and confirmed the flagging. A silt fence will be placed along the ditch and around home building. The ditch will have 2.5' of pervious material over a 12"pipe from road which then discharges to another ditch and then to a retention/detention basin built for adjacent subdivision. There being no public input, the Commission closed the public hearing. 4. PUBLIC HEARING CONT. —Notice of Intent--Moore Street---Ferrari Joe Petronino stated that a new plan has been submitted. Plantings are proposed in working envelope after construction. . One new home is show and will be further away from brook than old foundation(29') from outfall. The revised plan will be submitted to DER There was a comment from the Engineering Department that these two lots be combined. Ms. Dachos stated that they do not need'to merge the lots if o.k. with building inspector. Mr. Petronino stated that the old house was no closer to cliff than this one. There being no public input, the Commission closed the public hearing. 5. PUBLIC HEARING CONT. —Notice of Intent—Suffield Street— Commonwealth Communities This item was tabled once again at the request of the applicant's representative. Motion was made by Mr. Harpin and seconded by Ms. Messick to amend the agenda to include the"Add-on's". VOTE 7-0 S. Discussion—Robinson Park Cutting Plans A letter was drafted to DCR on cutting plans with the four comments discussed at the last meeting. Mr. Kozloski asked the members to review the draft letter and make any changes or additions they see fit this evening. Mr. Becker stated that she has walked the Park and feels that there are a lot of old growth trees that are not diseased that should not be cut down and that there are many trees slated to be cut in the area of the stream/bridge. Mr. Kozloski explained that they can cut up to 25' from stream. Ms. Becker stated that she does not want to see healthy trees cut. Ms. Messick stated that she would like to expand on the four comments. She pointed out that during a site walk the forester stated that the erosion near the bridge will be leveled out and regarded. Mr. Kozloski stated that they can't do bulldozer work without a Notice of Intent. Mr. Meagher questioned what would be done with the slash. Mr. Kozloski stated that the Commission could require it ` Agawam Conservation Commission July 13,2006 Page 4 to be piled for wildlife habitat. Mr. Kozloski also suggested that they add to the letter that the path along cliff be eliminated and move back the path coming into it to reduce erosion. After a lengthy discussion, the following comments were added to the draft letter: 1. add"in place prior to cutting"to comment#1 2. work will be monitored by Con Comm. on a regular basis 3. eliminate trail by cliff and trail that leads to it be moved back 4.. slash is to be piled to a reasonable height(to promote wildlife habitat)not to exceed ten feet Motion was made by Mr. Soticheck and seconded by Mr. Harpin to submit the comments as discussed on the Robinson Park Cutting Plans to DCR. VOTE 7-0 Kathy Breuninger,North Street voiced her opposition"as it is a diverse forest already". She feels that the wetland laws are not being considered and this cutting will cause major erosion problems. Donna Jago,River Road pointed out that Mr. Meagher has not gone into the Park but complimented him on asking good questions. She feels that the Conservation Commission should comment that this cutting plan is over zealous. She expressed concern over silt and sediment getting into streams and rivers. Mr. Kozloski stated that the Commission must follow the Act. Ms. Jago stated that the Friends of Robinson Park would be happier if the Conservation Commission wasn't accepting the cutting plans as presented. Mr. Kozloski explained once again that the Commission does not have the authority to deny a cutting plan and can only comment on any wetland concerns. 9. Discussion—Pynchon Point Mr. Kozloski stated that dumping has occurred again at Pynchon Point and that someone installed a jersey barrier recently. Ms. Messick stated that Cianbro (contractor working on the bridge/River Road) installed the jersey barrier at the request of she and Dick Bennett. Mr. Kozloski stated that he was notified that funding is in place through the state for work at Pynchon Point and that a Notice of Intent must be filed. He stated that the Town could apply for CPA funds for this work also. 10. Complaint—Leonard Street The Commission received a complaint from a direct abutter to 195 Leonard Street where a new single family home has been built. The Commission had issued an Order of Conditions for this property. The abutter is getting drainage from the site onto theirs. Mr. Kozloski stated that he made a site visit and that a letter has been sent to the property owner stating that the grading may not be correct and that he contact the Commission. ' Agawam Conservation Commission July 13, 2006 Page 5 Complaint- Colonial Avenue The Commission received a complaint from a property owner on Colonial Avenue that the area behind the new home being built on Federal Street that is to remain undisturbed has been altered. Mr. Kozloski and Mr. Harpin inspected the property and found that kids have made a bike trail. The owner was informed that this is not allowed. Order of Conditions - Bondi's Island The Commission then wrote the Amended Order of Conditions for Bondi's Island. 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. Messick to issue the Amended Order of Conditions for Bondi's Island as written. VOTE 7-0 Order of Conditions—Ferrari—Moore Street The Commission wrote the Order for Ferrari on Moore Street. A copy can be obtained from the Town Clerk's office or the Commission office. Motion was made by Ms. Messick and seconded by Mr. Meagher to issue the Order of Conditions for Ferrari on Moore Street as written. VOTE 7-0 Order of Conditions—Matz—North Street Ext. The Commission wrote the Order of Conditions for Matz on North Street Extension. A copy can be obtained from the Town Clerk's office or the Commission office. Motion was made by Mr. Meagher and seconded by Ms. Messick to issue the Order of Conditions for Matz on North Street Ext. as written. VOTE 7-0 The meeting adjourned at 8:40 PM. ' l Agawam Conservation Commission June 22, 2006 Members Present: 4 Henry Kozloski, Chairman p. Sheryl Becker n i Steven Douglas n Fred Harpin :r r Jill Messick Ze x= Mark Soticheck �sn Members Absent: rr, Frank Meagher Mr. Kozloski called the meeting to order at 6:33 PM. Approval of minutes—June 8, 2006 Motion was made by Mr. Soticheck and seconded by Ms. Messick to approve the minutes of June 8, 2006 as written. VOTE 6-0 REQUEST FOR DETERMINATION— 14 Jade Lane—Gagnon Mr. Hatpin made a site visit today. He stated that upon inspection, he feels that there is plenty of room,the area is grassed and flat for about 60' from the buffer zone. Joseph Gagnon, 14 Jade Lane, was in attendance and stated that he is considering putting a 3'd garage bay, and an S driveway in future. Mr. Harpin stated that he would have to do another determination, at that time. Motion for was made by Mr. Harpin and seconded by Mr. Soticheck to issue a Negative Determination for Gagnon at 14 Jade Lane. Public Hearing cont. -North St. Ext.- Matz Joe Petronino of Environmental Services was in attendance. He stated that he received a new plan two days ago. He stated that another on site will be held to view the updated wetland flags. He also stated that a change in the plan was made. Instead of piping the ditch, they will now leave it open and let it run through hay bale line, per new plans. It then runs to a detention basin, and ends. There is no hydraulic connection. He stated that it used to be a farmers ditch. Per Mr. Matz, the area is pretty much dried out,but there is water. The ditch would have to be wattled and haybaled. An onsite was scheduled for Wednesday at 10:00. Public Hearing cant.—Notice of Intent-Moore St.- Ferrari Mr. Petronino stated that a new plan is being drawn for this property. He asked that the hearing be continued once again. Public Hearing cont.—Notice of Intent - 1200 Suffield This item was continued once again at the request of the applicant's representative. Certificate of Compliance - Lot 45 Coyote Circle Motion was made by Mr. Soticheck and seconded by Mr. Harpin to issue a Certificate of Compliance on Lot 45 Coyote Circle pending a favorable inspection by a Commission member. VOTE 6-0 Motion was made by Mr. Harpin and seconded by Mr. Soticheck to amend the agenda to include the add-ons and also a discussion of 43 South West Street. VOTE 6-0 Discussion-Robinson Park cutting plans Mr. Kozloski stated that an onsite at Robinson Park has been scheduled for Monday at 10:00 with David Richard, state forester. He drafted four comments on behalf of the Commission with regard to the cutting plans. He stated that there are 4 or 5 wetland crossings and one stream crossing. He wants the Commission to have the ability to go see when the cutting is done that things are stabilized. Donna Jago, River Road stated that she has been hiking in park and seeing marked trees and has major concerns, along with many others. She expressed concern over the number of trees proposed to be cut. She understands that the Commission cannot deny the cutting plan but asked for their support in possibly amending it. She stated that The Friends of Robinson Park has had an expe4 co=e ia�=d --e has said that most ofthv. cutting does not need to be done. She went on to say that the Friends will submit reports about Indian artifacts to the Conservation Commission, Mr. Kozloski explained that the Commission has no adjudicating power in cutting plans and that they are exempt from the wetlands act, because they are considered farming. He stated the Commission's role is to submit any comments they feel necessary. He stated that the reason for the onsite is to see where staging areas, stream crossings, and wetlands are and that one of the qualifications under act is "all activities must be undertaken to prevent erosion into other areas". He explained that the Commission has to be objective, but also have to follow the Act. He went on to explain that a previous cutting plan on a different site was submitted and when the cutting was done, a forester came in and went beyond the cutting plan. The Commission issued an enforcement order and required the planting of 147 trees. He stated that they cannot cut within 25' boundary of brook and stream. Kathy Brenager, abutter, 348 North St., asked how can we make them restore it, when they have changed the topography. Mr. Kozloski stated that they are not taking stumps and that we can't tell what has to be replaced until the damage has been done. Mr. Harpin brought up the Robin Ridge area, and how it looks wonderful now. Ms. Jago then stated that she wants the Commission to know that they are representing the Friends of Robinson State Park, and that a lot of citizens are against this. She also stated that there are birds in the Park that there are threatened species, as well as lots of Indian artifacts. Ms. Becker suggested that they talk to National Heritage and Endangered Species program. Discussion- Wild Turkey Estates Abutters to the Wild Turkey Estates subdivision on Forest Hill Road were notified of this evening's meeting. In 2003 flooding occurred on Forest Hill Road properties as a result of the detention basin in the new subdivision not functioning properly. Since then, a new design was approved for the outlet structure and has been constructed. At the time of the flooding, the Commission issued the developer an Enforcement Order stating that any damage is to be corrected. The developer's engineer submitted a mitigation plan that was reviewed and approved by both the engineering department and the Commission. Work includes removing some siltation from the stream. There are two properties where mitigation work was proposed,however, those property owners were not in attendance this evening. The Commission decided to table this item until then can contact those owners once again to see if they want work done on their properties. Discussion- Hendom Drive Mr. Kozloski stated that he met onsite with representatives of the DPW where they need to remove stumps and repair a headwall. He stated that some roots are blocking water from going through the culvert which is causing flooding. He stated that this work would be considered maintenance and therefore a notice of intent would not be required. Motion was made by Mr. Douglas and seconded by Mr. Soticheck that the work proposed by the DPW on Hendom Drive is maintenance and does not require a Notice of intent or - e�d-e�Qt Eln, VOTE b-0 Discussion- Learning tree Mr. Kozloski stated that a plan from the school has been submitted and that the Commission will apply for a notice of intent to build a bridge across the stream. A request will be submitted to the CPA fund for money to build a bridge. Discussion- Mawaga Club A written request for an extension to the emergency order was submitted to the Commission for the dredging work at the Mawaga Club. Motion was made by Mr. Soticheck and seconded by Mr. Douglas to extend the Emergency Order for the Mawaga Club for an additional two weeks to complete there dredging. VOTE 6-0 Certificate of Compliance- 54 Kozak Court Motion was made by Mr. Soticheck and seconded by Mr. Harpin to issue a Certificate of Compliance on 54 Kozak Court pending a favorable inspection by a Commission member. VOTE 6-0 Discussion -43 South West St. Mr. Kozloski stated that he met with the owner at this site. The house is 40-45 ft. from a stream. There is an existing porch which has a deteriorated foundation. To replace the foundation, cement trucks will have to go around the house and be within 20' of wetland. Mr. Soticheck stated that they can use a concrete pump and pump the concrete up to 150'. Mr. Kozloski stated that the trucks will have to get in to do the foundation. An onsite will be scheduled with other members. The meeting adjourned at 7:25 PM. AGAWAM CONSERVATION COMMISSION June 8, 2006 Members Present: Henry Kozloski,Fred Harpin, Mark Sotichek, Sheryl Becker, Jill Messick Mr. Kozloski called the meeting to order at 6:30 p.m. 1. APPROVAL OF MINUTES—May 25, 2006 : Motion was made by Mark Sotichek and seconded by Mr. Harpin to table approval of minutes from the May 25, 2006 meeting. �a VOTE 5-0 2. REQUEST FOR DETERMINATION- Carrier-North Westfield street Mason Maronn of DL Bean, Inc. was in attendance to present this RDA for the construction of a single family home. He stated that hay bales are to be placed 10 feet from buffer zone and that all work is to be done outside of buffer zone. Members met on-site prior to the meeting. Mr. Kozloski stated that the people who buy the house will want to make the yard bigger. Mr. Maronn stated that they would have to apply for another RDA to extend the yard. Mr. Harpin questioned right-of-way to other property. Mr. Maronn stated that there is a farm road. Mr. Kozloski asked that stakes be placed to mark the buffer. He also questioned where dirt would be put. Mr. Maronn stated that it will be used in the front for positive drainage. Motion was made by Mr. Harpin and seconded by Ms. Becker to issue a Negative Determination of Applicability for Carrier on North Westfield Street,requiring that stakes be placed along the buffer zone boundary every 20' for a length of 90'. VOTE 5-0 3. PUBLIC HEARNIG—Notice of Intent- Matz-North Street Ext. Joe Petronino of Environmental Services was in attendance to present this NOI. He explained the history of the site and stated that the previous Order of Conditions has expired. He stated that during the review of the previous Order, the members found the ditch jurisdictional,but that could it be piped to another ditch. Across street is subdivision, It was determined that there was no BVW- no upgradient wetland above this. There was a wetland adjacent to pipe, which was flagged and walked. Pipe sized by engineer. DEP has issued a file#with no comments. New ditch is dug, pipe installed, seeded, silt fence for limit of work line, second silt fence set up between pipe and wetland, second fence between pipe and home. Mr. Soticheck asked if there was wetland } vegetation, Petronino said yes but that he has never seen water run through the ditch. Mr. Kozloski stated that the Commission must hold an on-site first before an Order of Conditions is written. He asked that new flags be placed and to inform the Commission when that has been done. The members continued this public hearing to the next meeting to allow for the property to be re-flagged. 4. REQUEST FOR DETERMINATION—North Westfield Street- DePalma Mr. Maronn of D.L. Bean, Inc. was in attendance to present this RDA for a wetland delineation. Mr. Kozloski and Mr. Harpin walked property today with Mr. Maronn. There is a narrow swale behind the pond on left; on right, drainage easement to culvert, intermittent stream not running previously. The wetland on the site is obvious. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue a Positive Determination of Applicability for DePalma on North Westfield Street, approving the wetlands as delineated. VOTE 6-0 COMPLAINT -Worthington Brook Circle- A complaint was submitted by Mr. and Mrs. Wills of Worthington Brook Circle regarding trees being cut. Mr. Kozloski, Ms. Messick and Ms. Becker walked the property but found no evidence of anything being cut within 100-200 ft. of brook. They did see trees that had been cut on Wills' land. Motion was made by Ms. Becker and seconded by Ms. Messick to send a letter be sent to Wills' neighbor stating that there are wetlands and brook adjacent to property and any cutting of trees would require filing a Notice of Intent or Determination before any further work can be done. VOTE 5-0-1 (Soticheck abstained) Motion was made by Mr. Harpin and seconded by Mr. Soticheck to amend the agenda to include the"add-on's" and a discussion of Silver Lake. VOTE 6-0 CERTIFICATE OF COMPLIANCE—Lots 4 & 12 Hemlock Ridge&Lot 46 Coyote Cir. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue Certificates of Compliance on Lots 4 and 12 Hemlock Ridge and Lot 46 Coyote Circle pending a favorable inspection by a Commission member. VOTE 6-0 Silver Lake: The Commission received a letter from Lycott Environmental asking that they waive the public notice on a follow-up treatment at Silver Lake. The members were in agreement that they cannot waive that requirement. A letter will be sent. Upon discussion, the members also agreed to request further information regarding the ongoing treatments of Silver Lake. More specifically, the following will be requested: MSDS on. the chemical they are using, quantity, dilution factor.,will it effect anything beside algae, a report on whether it is effective, written by a certified, licensed person. Also,results for last 5 years is to be included. The Commission then wrote the Order of Conditions for Benson on Riverview Avenue. A copy can be obtained from the Commission office or the Town Clerk's office. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue the Order of Conditions for Benson on Riverview Avenue as written. VOTE 6-0 6. PUBLIC HEARING CONT.—Notice of Intent—Moore Street—Ferrari This item was continued at the request of the applicant's representative as they are waiting for the new plans to be drawn. The meeting adjourned at 7:25 PM Q L✓� ,r AOAWAM CONSERVATION COMMISSION May 25, 2006 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Steven Douglas Fred Harpin Frank Meagher Jill Messick '4 Mark Soticheck- 6:40 PM 1 ! ALSO PRESENT: `<"'Vn Deborah S. Dachos Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES - April 27 &May 11, 2006 Motion was made by Mr. Harpin and seconded by Ms. Becker to approve the minutes of April 27, 2006 as written. VOTE 6-0 Motion was made by Mr. Meagher and seconded by Ms. Messick to approve the minutes of May 11, 2006 as written. VOTE 5-0-1 (Kozloski abstained) 2. REQUEST FOR DETERMINATION - Abrams Drive- Stebbins Mason Maronn of D.L. Bean, Inc. was in attendance to present this RDA. He explained that an addition is being proposed to the existing building at this site. There is an isolated wetland that will need to be crossed for a truck entrance. Members met on-site to view the area. There is a 12" outlet pipe from the isolated wetland that carries any flow to a municipal drainage system in Shoemaker Lane. Motion was made by Mr. Harpin and seconded by Mr. Meagher to issue a Negative Determination of Applicability for Stebbins on Abrams Drive. VOTE 6-0 Motion was made by Mr. Harpin and seconded by Ms. Messick to amend the agenda to include the "add-on's". VOTE 6-0 _r s Agawam Conservation Commission May 25, 2006 Page 2 9. DISCUSSION -River Road-Nicora, Emergency Management Director Mr. Kozloski met on-site with Chet Nicora, Emergency Management Director at River Road. Mr. Nicora informed the Commission that they will be installing a flood gauge for the Connecticut River next to the existing pump station on River Road. Approximately 4-5 small trees and brush will need to be removed. Motion was made by Mr. Meagher and seconded by Ms. Becker to allow the cutting of four to five small trees and brush next to the pump station (across from Campbell Drive) on River Road to allow for visibility for the River flood gauge to be installed. VOTE 6-0 5. PUBLIC HEARING CONT. -Notice of Intent- Moore Street-Ferrari Joseph Petronino of Environmental Services was in attendance. He stated that he has received notice from National Heritage and Endangered Species Program that this project "occurs immediately adjacent to the actual habitat of the Triangle Floater"but that NHESP's review of the project finds "that the proposed project will not result in an adverse effect......provided adequate erosion controls/siltation barriers are installed prior to any work". He stated that the proposed 32'x 38'duplex will be moved 21' away from the vegetated wetlands on the site. He requested that the hearing be continued to allow the plans to be revised. 3. PUBLIC HEARING - Notice of Intent-Riverview Avenue -Benson Joe Petronino prepared this NOI which involves the construction of a floating dock on the Connecticut River with a concrete abutment approximately 20'from the water. He stated that it will be a movable dock that will be taken from the water in the winter. A Chapter 91 Waterway Permit is necessary but DEP must first issue a file number for the Order of Conditions. No haybales or silt fence are proposed. Also included in the NOI is the construction of a set of stairs with 2'x 10's. There being no public input, the Commission closed the public hearing. The Order will be written at the next meeting. 4. PUBLIC HEARING CONT. - Main Street- Russo Joe Petronino also prepared this NOI and presented a revised plan with a small building envelop, closer to Main Street. The plan now shows 5,000 sf of permanent disturbed area. He stated that all of the Engineering Department comments have been addressed. An area for temporary stockpiling is shown on the plan. Some of the dirt will be taken from the site but some will be used around the house. Mr. Kozloski asked if the proposed trees could be staggered. There was a lengthy discussion regarding the tree locations. Mr. Harpin felt they should be planted along Agawam Conservation Commission May 25, 2006 Page 3 the 100'buffer for an area of 35'to 40' - staggered. It was agreed that the Order will contain a provision that the final location of the trees will be decided in the field. The Commission also requested that any trees to be removed be marked so that the members can agree on which one will be taken down. Mr. Petronino stated that a buffer zone mix will be planted between the bushes and the River. Bob Reopel asked questions regarding the restoration as he may be purchasing the property. There being no further public input, the Commission closed the public hearing. 6. PUBLIC HEARING CONT. - 1200 Suffield Street- Commonwealth Communities This item was continued once again at the request of the applicant. 7. DISCUSSION -Mawaga Club Dave LaFleur,member of the Agawam Mawaga Club, was in attendance to discuss with the Commission an ongoing problem with silt and erosion reaching their pond. He stated that he has walked the brook and found two discharges -Rosati's property and the new building going up on Gold Street. He stated that he has met with Mr. Rosati and he has agreed to take care of half of the dredging that needs to be done. They now need to dig out the holding pond which is 100'x 100'to a depth of 9'. He stated that this erosion has severely affected their pond and its function in controlling flood waters. Also, the siltation has affected the fish in their pond. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue an Emergency Order to the Mawaga Club to dredge their holding pond(100' x 100'x 9'deep) as siltation has affected the water quality and flood storage capacity of the pond- the work is to be completed by June 15, 2006. VOTE 6-0 Members agreed to meet on-site the following Tuesday afternoon. The Commission then wrote the Order of Conditions for Russo on Main Street. A copy can be obtained from the Commission office or the Town Clerk's office. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to issue the Order of Conditions for Russo on Main Street as written. VOTE 6-0 Motion was made by Mr. Soticheck and seconded by Mr. Meagher to issue an Enforcement Order to the owner of the Moore Street lots that are under construction. The Enforcement Order Agawam Conservation Commission May 25, 2006 Page 4 shall state that the site is to be stabilized with seed and covered with hay and a 6'construction fence shall be placed around the open cellar hole; the cellar hole is to be filled within two weeks. VOTE 6-0 The meeting adjourned at 7:45 PM. AGAWAM CONSERVATION COMMISSION May 11, 2006 MEMBERS PRESENT: Fred Harpin, Acting Chairman Sheryl Becker Steven Douglas - 6:35 Frank Meagher _ Jill Messick ' Mark Soticheck MEMBERS ABSENT: Henry A. Kozloski ALSO PRESENT: Deborah S. Dachas Pamela R. Kerr Mr. Harpin called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES - April 27, 2006 Motion was made by Mr. Soticheck and seconded by Ms. Becker to table the approval of April 27, 2006 minutes as they were not yet prepared. VOTE 5-0 2. PUBLIC HEARING -Notice of Intent- Main Street -Russo Joe Petronino of Environmental Services was in attendance to present this Notice of Intent for the construction of a single family home on Main Street. He explained that the originally submitted plan has been redrawn as a result of DEP's comments. The plan now shows the house closer to Main Street and further to the left side of the lot, away from the stream. An area for temporary stockpiling has been shown as well as mitigation and disturbance areas. Proposed plantings have also been included. The Engineering Department has not reviewed the latest revised plan yet so no action can be taken this evening. The members agreed to meet onsite next Friday morning. Mr. Petronino stated that he will have the proposed house location staked for their information. The public hearing was continued to the next meeting. 3. REQUEST FOR DETERMINATION - White Fox Road - Robinson .Mr. Robinson was in attendance. He stated that he is proposing a 12' x 12' addition off the east side of his home as well as paving the existing patio behind his home. Mr. Kozloski has met on site with him. There is a stream off the property to the west. The members were in agreement that a negative determination be issued for this work. Agawam Conservation Commission May 11, 2006 Page 2 Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue a negative Determination of Applicability for Robinson on White Fox Road. VOTE 6-0 4. PUBLIC HEARING-Notice of Intent- Moore Street-Ferrari Joe Petronino of Environmental Services presented this NOI which shows the construction of a duplex at the end of Moore Street. He explained that presently this site is two separate lots with two old foundations. There is an easement that goes through the properly. The area is along the Westfield River and there is also a stream that runs through the side of the property. He stated that the proposal shows the duplex to be no closer to the stream or River than the previous homes. The Engineering Department has asked that a building permit not be issued for this lot until the Town installs the new pump station which is scheduled for this summer. Also, no comments have yet been received by non game and endangered species. He asked that the hearing be continued. The members continued the hearing to the next meeting and scheduled a site visit for the following Friday morning. 5. PUBLIC HEARING CONT. - Suffield Street - Country Estates This hearing was continued once again at the request of the applicant's representative. Motion was made by Mr. Soticheck and seconded by Ms. Messick to amend the agenda to include the "add-on". VOTE 6-0 Mr. Soticheck left the meeting at this time. 7. DISCUSSION - School Street Ms. Dacsho informed the Commission that the Town has received notification from DEP that "imminent hazard" areas have been found on the School Street parcel which is adjacent to the Agawam Sportsman's Club. The notification gave the Town 14 days to respond and required the Town to immediately install a fence around the areas of"imminent hazard". She asked that the Commission issue an Emergency Order for the installation of the "snow fence". Motion was made by Ms. Becker and seconded by Ms. Messick to issue an Emergency Order to the Town for the immediate installation of a fence around the "imminent hazard" areas as requested by the DEP. VOTE 5-0 The meeting adjourned at 7:00 PM. AGAWAM CONSERVATION COMMISSION April 27, 2006 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Steven Douglas Fred harpin Co Frank Meagher \. Mark Soticheck- 6:35 MEMBERS ABSENT: Jill Messick ALSO PRESENT: Deborah S. Dachos Pamela R. Kerr The meeting was called to order by Mr. Kozloski at 6:30 PM. 1. APPROVAL OF MINUTES - April 13, 2006 Motion was made by Mr. Harpin and seconded by Mr. Douglas to approve the minutes of April 13, 2006 as written. VOTE 5-0 2. REQUEST FOR DETERMINATION - Silver Street - Lucia Joe Petronino of Environmental Services presented this RDA. Mr. Kozloski explained that a complaint was received by DEP regarding dumping of fill possibly in a wetland on this property. Mr. Kozloski and Mr. Harpin met on-site with the property owner and found that the fill had not been placed in a wetland but there is a wetland in the vicinity. The owner(Mr. Lucia) agreed to cease the activity and have an environmentalist prepare a filing. Mr. Petronino stated that he found the work had taken place approximately 60'to 70' away from the wetland. A silt fence will now be placed along the edge of the fill and the slope will be stabilized with vegetation. Motion was made by Mr. Harpin and seconded by Mr. Douglas to issue a Negative Determination of Applicability for Lucia on Silver Street. VOTE 5-0 Agawam Conservation Commission April 27, 2006 Page 2 3. REQUEST FOR DETERMINATION - Meadow Street- Calabrese Mr. Kozloski stated that members met at this site earlier this week and found no wetlands on the property. Ms. Becker questioned whether the area contained a vernal pool. Mr. Douglas, Mr. Harpin and Mr. Kozloski all agreed that while conducting the site visit they did not find evidence of a vernal pool and all stated that the area was sand. Motion was made by Mr. Harpin and seconded by Ms. Becker to issue a Negative Determination of Applicability for Calabrese on Meadow Street. VOTE 6-0 Motion was made by Mr. Harpin and seconded by Mr. Meagher to amend the agenda to include the"add-on's" and a complaint on Anvil Street. VOTE 6-0 COMPLAINT - Anvil Street Mr. Roberts of Juniper Ridge Drive was in attendance this evening to express his concerns over filling that is taking place at the end of Anvil Street. He stated that there is erosion occurring and that debris is being dumped in the area as well and he is concerned it will end of on the back portion of his property. Mr. Kozloski stated that there is no jurisdictional wetland in this area but the Commission could ask the developer to put up some silt fences. He was told to contact the Health Department regarding the debris that is being dumped with the dirt. 4. PUBLIC HEARING CONT. - Suffield St. - Commonwealth Communities This hearing was continued once again. Revised information has been submitted and is being reviewed by the Engineering Department. 5, REQUEST FOR DETERMINATION -Nolan Lane - Fortunato Mr. Kozloski stated that he and Mr. Harpin met on-site with Mr. Fortunate. A survey of the property line was completed and flagged. Mr. Fortunato filed the RDA for the installation of a fence along his rear property line. During the on-site, Mr. Kozloski and Mr. Harpin agreed that the leaves that have been dumped can remain,however, they asked that the metal items be removed. Mr. Fortunato then gave a brief history of the dumping that has occurred. A letter was sent to the abutter by the Commission to stop dumping in this area. Mr. Fortunato then sent a letter to the Commission regarding the ongoing dumping on his property. He then filed an RDA Agawam Conservation Commission April 27, 2006 Page 3 to install a 6' fence along his property line to stop any further dumping from occurring on his property. He stated that during construction of this subdivision there was a break in the berm along the street line in this area which allowed water to flow through this area and created a wash-out. He stated that additional drainage work was done on his lot during its construction. After a lengthy discussion, the members agreed to a negative determination for the installation of the fence. Motion was made by Mr. Harpin and seconded by Mr. Douglas to issue a Negative Determination to Fortunato on Nolan Lane. VOTE 6-0 6. ORDER OF CONDITIONS - River Road - DeCaro Joe Petronino of Environmental Services was in attendance. Mr. Kozloski stated that he contacted DEP and was informed that the applicant can use the removal of the trailers on the site as compensatory storage. The flood zone has been added to the plan. Mr. Petronino stated that the gabian wall as proposed will increase infiltration. The bottom part of the building will also be used for compensatory storage. Mr. Huot was in attendance also and stated that there is enough comp storage even without the area where the trailers were. The Commission then 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 Mr. Meagher to issue the Order of Conditions for DeCaro on River Road as written. VOTE 6-0 Motion was made by Mr. Harpin and seconded by Mr. Meagher to add a discussion of the Pynchon Point parking lot to the agenda. VOTE 6-0 The Commission received a letter from the contractor who will be doing the work for the state on River Road, including the parking lot at Pynchon Point. The Order of Conditions for the bike path stated that an environmentalist must be on-site at all times. The contractor is requesting the Commission to allow them to have an environmentalist on-site as needed: The members discussed the request and agreed to that. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to allow for an environmentalist to be on-site as needed during the River Road and Pynchon Point parking lot construction.. VOTE 6-0 f Agawam Conservation Commission April 27, 2006 Page 4 - S. DISCUSSION - Forest Hill Road -correspondence Mr. Kozloski explained that one of the homeowners on Forest Hill Road in the area where flooding occurred during the first year of construction of the Wild Turkey Estates subdivision had contacted him to request permission to fill a low spot in their yard. Mr. Kozloski asked that she submit a written request as she did. He explained that the work would be minor but he would like to meet on-site with her prior to the work occurring. The members agreed to that. A letter will be sent to the homeowner stating this. 9. DISCUSSION- Open Space and Recreation Plan subcommittee Ms.Dachos informed the Commission that she is in the process of updating the Towns Open Space and Recreation Plan and is forming an advisory committee on the Five Year Action Plan. She stated that eventually a public hearing will be held on the Plan. Mr. Kozloski, Ms. Becker and Ms. Messick agreed to serve on the subcommittee. The meeting adjourned at 7:25 PM. Agawam Conservation Commission April 13, 2006 Page 1 AGAWAM CONSERVATION COMMISSION April 13, 2006 MEMBERS PRESENT Henry A. Kozloski-6:55 PM r f' Steven Douglas Fred Harpin Jill Messick Mark Soticheck MEMBERS ABSENT: 'r= Sheryl Becker Frank Meagher ALSO PRESENT: Deborah S. Dachos Pamela R. Kerr Mr. Harpin called the meeting to order at 6:30 PM. 1. APPROVAL OF MNUTES —March 23, 2006 Motion was made by Mr. Soticheck and seconded by Ms. Messick to approve the minutes of March 23, 2006 as written. VOTE 4-0 2. REQUEST FOR DETERMINATION—School Street- Town of Agawam Chris Sparks, Director of Parks and Recreation was in attendance to present this RDA for approval of the wetland boundaries on the School Street/River Road parcel. He stated that a revised plan has been prepared and submitted this evening. He went on to say that Mr. Kozloski had reviewed the plan with him today and found that the 24" culvert crossing and the northwest swale connection and culvert at northern end of wetland were not shown. That information has been added to the revised plan. He also stated that the property was recently walked by Mr. Kozloski, Ms. Mesick and Ms. Becker of the Conservation Commission as well as members of the Engineering Department to verify the flagging. Motion was made by Mr. Soticheck and seconded by Mr. Douglas to issue a Positive Determination of Applicability for the Town of Agawam on School Street approving the wetland delineation as revised. VOTE 4-0 Agawam Conservation Commission April 13, 2006 Page 2 3. DISCUSSION—brush clearing— School Street—Town of Agawam Mr. Sparks explained that they would like to being clearing brush on the School Street site. He showed the area they propose to clear on a plan and explained that it will be out of the wetland area. The members were in agreement that this be allowed as it is outside of the wetland and buffer. Mr. Harpin suggested that the wetland boundary be flagged for the workers that will be doing the brush clearing. Mr. Sparks stated that will be done. 4. REQUEST FOR DETERMINATION—781 North Street—Cote Mrs. Cote was in attendance to present this RDA for the construction of a fence along the side of his property. The area to left side of house is proposed to be filled to construct a fence. Mr. Kozloski has met on-site with the owners. The members continued this discussion to later on the agenda so that Mr. Kozloski could be part of the discussion. Motion was made by Mr. Soticheck and seconded by Ms. Messick to amend the order of the agenda. VOTE 4-0 7. PUBLIC HEARING CONT. —River Road-DeCaro Joe Petronino of Environmental Services was in attendance and submitted a revised plan to address both Engineering and DEP comments. He stated that a NHSP tracking#has been issued and was found to have no impact on the endangered species in the area. He also included pictures with his report and revised plan. He stated that garage is in'the floodzone and will be cleaned of debris to allow floodwater to enter if needed. He stated that the garage door will be removed.. He found that the retaining wall that they have proposed does not require a structural engineer. In closing he stated that the proposed work will be no closer to the River than the existing disturbed conditions. The Commission closed the public hearing this evening and will request the Engineering Department to review the revised plan prior to the next meeting at which they can write the Order of Conditions. 5. REQU. FOR DETERMINATION—Meadow St—.Calabrese Mason Maronn of D.L. Bean, Inc. was in attendance along with Charles Calabrese. Mr. Maronn stated that Mr. Calabrese is proposing an extension of the Pynchon Apartments. He found that there are some upland grasses on the site but not enough for it to be considered an isolated wetland. He stated that there are no jurisdictional wetlands on the site. Mr. Harpin suggested that a site walk be scheduled so that members could view the area. The site visit was scheduled for next Thursday, 3:00 PM. This RDA was continued to the next meeting. Agawam Conservation Commission April 13, 2006 Page 3 6. AMENDMENT TO ORDER OF CONDITONS--Bike Path - River Road Vi Baldwin, Beautification Committee Chair was in attendance this evening. She submitted a letter of explanation on the Committee's proposal to install memorial pavers along the bike path in three locations. She stated that she has met with Mr. Kozloski and the proposed areas that were chosen based on accessibility,visibility and sites that when excavated would have the least impact on the river's edge. She stated that the prep work would include trenching of approximately 8" into which pea stone would be poured and compacted then topped with wire mesh and concrete up to 6.5". The pavers will then be placed into this recessed area and filled with concrete and grouted to ensure stability. After installation, the pavers will be flush with the ground. e: the area of water fountain where planters were last year; the flat area adjacent to that; and the area across from Michael's Restaurant where there are now two benches. They would like to put pavers around the brick. Mr. Soticheck asked what the cost would be for the pavers. Ms. Baldwin stated they would be $75 including prep and pavers and engraving. Ms. Messick asked if there would be a limit to the numbers of pavers in each area. Ms. Baldwin stated that around sitting area there may be 40. Ms. Dachos stated that in terms of potential future sites,there are two overlooks with memorial benches that have been engraved. She feels that since individuals spent money on these benches,they should be spoken with. Ms. Baldwin stated they are not proposing planters in that area. Mr. Kozloski entered the meeting at this time. Motion was made by Ms. Messick and seconded by Mr. Kozloski to amend the order of Conditions for the bike path on Riven Road to allow for the Beautification Committee to install memorial pavers in three locations. VOTE 3-2 (Douglas & Soticheck opposed) The Commission then resumed discussion of the RDA for 781 North Street. Mr. Kozloski explained that there was a former filing on this property for the construction of the house and that he met on-site with them to view the area they propose to fill. He recommended a Negative Determination as this would have no negative impact on any resource areas. Motion was made by Mr. Soticheck and seconded by Mr. Douglas to issue a Negative Determination of Applicability for Cote, 781 North Street. VOTE 5-0 PUBLIC HEARING CONT. —Notice of Intent- Commonwealth Communities— Suffield Street This hearing was continued once again.. Agawam Conservation Commission April 13, 2006 Page 4 REQUEST FOR DETERMINATION CONT. -Nolan Lane—Fortunato This item was continued once again at the request of the applicant. 10. DISCUSSION— Cumberland Farms Suffield Street Chuck Dauchy was in attendance along with Jim Cranson, of Bohler Engineering and Blaine Applebee of Cumberland Farms. Mr. Dauchy explained that he had requested an informal discussion with Commission after a team meeting was held with various departments. Mr. Kozloski was present at the team meeting and suggested that he come before the Commission informally to discuss mitigation for work within riverfront area that is proposed as part of the proposed carwash on the Cumberland Farms site on Suffield Street(redevelopment project). Jim Cranston stated that there is a perennial stream on southerly side of the site with wetland on the edge that"creeps up". He sated that in the 200' riverfront area a portion of the existing building and most of the parking is located. In the 100' zone and 100' buffer the proposal is for a single bay 1100 sf automated car wash on southerly side of site. Vacuums will be relocated out of the front yard setback per the team meeting. They will be expanding into a small portion of the buffer. A deep sump catch basin with hood is to be installed. A detention basin will be located downstream and will provide for stormwater quality. Mr. Dauchy stated that they are looking for what the Commission would want for mitigation measures under the Redevelopment provisions. He explained that improvements to resource area needed such as stormwater quality. They propose to take runoff that is now untreated and treat it. Ms. Messick asked how much additional pavement is proposed. Mr:Cranston stated there will be a net increase of about 4,000 sf. Mr. Dauchy explained that vegetation management is being proposed. He stated that the site contains now basically sumac and bittersweet(highly invasive). They are proposing to remove the bittersweet and add diversity with plantings. He stated that the regulations call for mitigation criteria of 4,000 SF or more for removal of pavement. Habitat improvement is an option. He asked if the Commission would support this"trade off'to eliminate the bittersweet and provide plantings. He stated that DEP leaves some discretion to Commission on mitigation. Mr. Kozloski asked if the detention basin was included in the mitigation. Mr. Dauchy stated that there is no other practical alternative. Mr. Kozloski stated they may have a problem with DEP. Mr. Dauchy stated that the removal of invasive species is specified and that he had a conversation with Dave Foulis of DEP and he felt those options were viable but basically up to Commission. Mr. Harpin stated that this would help to enhance the area. Mr. Kozloski stated that he was called to go to the area across the street and suggested that may be a possible area if off-site mitigation was needed. Mr. Dauchy stated that Cumberland Farms would go with offsite mitigation if necessary. Mr. Kozloski stated that the timetable on mitigation would be important and feels that it would be best to do it. during construction. Ms. Messick asked if the area slopes. Mr. Dauchy stated that it is quite flat. There was discussion of the possibility that birds may bring bittersweet back into the area. Mr. Kozloski suggested that it be added to the Order that they periodically monitor and maintain area. ' Agawam Conservation Commission April 13, 2006 Page 5 Ms. Dachos asked the Commission to place in the Order a requirement for an annual clean up of site. Mr. Kozloski stated that after his site visit he talked to the staff and told them about the large amount of debris in the area. He stated that the area was cleaned within 48 hours. Ms. Dachos suggested that it be an annual thing. Mr. Blaine stated that this could be required of the weekly landscapers. Motion was made by Mr. Soticheck and seconded by Mr. Douglas to add a discussion of Cirillo, South and Main Streets to the agenda. VOTE 5-0 Mr. Cirillo was in attendance. He explained that he would now like to get permission to fill the area behind the wall to a proposed railroad tie wall and terrace it. Mr. Harpin and Mr. Soticheck stated that he can't use railroad ties as they are considered hazardous. Mr. Cirillo stated then he would like to slope it down and plant bushes then. Mr. Kozloski stated that he may be too close to riverfront and asked what he would place on top of it. Mr. Cirillo stated that he would landscape the area with sod and traprock -no asphault. He would like to place picnic tables and swings there. Mr. Kozloski asked what was proposed for that spot. Mr. Cirillo stated traprock and some grass. He stated that he will plant grass 1 Wall around plant juniper bushes on the slope and mulch. Mr. Harpin asked how far from the bank. Mr. Cirillo stated approximately 65 to 70 feet to the brook. Mr. Kozloski stated that he can't put parking in there. Mr. Cirillo stated that he would also take stockade fence and place it along neighbors property to shield lights. Ms. Dachos stated that a revised Site plan would be needed for the Planning Board. Mr. Harpin stated that this would enhance that side of the site. Mr. Kozloski expressed concern that this will be sloping into mitigation area. A public hearing will be scheduled when a revised plan has been submitted. The meeting adjourned at 7:35 PM. AGAWAM CONSERVATION COMMISSION March 23, 2006 MEMBERS PRESENT: Henry A. Kozloski, Chairman ` Sheryl Becker Steven Douglas 6:3 5 Fred Harpin Frank Meagher .-? Jill Messick - Mark Soticheck 6:35 ALSO PRESENT: Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES - March 9, 2006 Motion was made by Mr. Harpin and seconded by Ms. Messick to approve the.minutes of March 9, 2006 as written. VOTE 5-0 2. REQUEST FOR DETERMINATION - North Westfield Street -West Springfield Congregation of Jehova's Witnesses This RDA involves a vacant lot adjacent to the existing dairy mart on North Westfield Street. The proposal is to construct a church on this site. Mr. Kozloski has walked the site and found no wetland vegetation. A letter from the applicant's environmentalist also states that there are no wetlands on the site. Motion was made by Mr. Harpin and seconded by Mr. Meagher to issue a Negative Determination of Applicability for the West Springfield Congregation of Jehova's Witnesses on North Westfield Street. VOTE 7-0 3. EMERGENCY ORDER - 34 Jennie Circle- Malafronte Mr. and Mrs.Malafronte were in attendance this evening. Mr. Kozloski and Mr. Harpin have visited this site and observed the severe erosion of the stream bank and agree that it may affect the integrity of the existing house and deck. The Malafronte's submitted a plan of placing stone and loam and seeding of the eroded area. They intend to start this work next week. The members asked that they notify the Conservation Commission prior to the work starting. Agawam Conservation Commission March 23, 2006 Page 2 Motion was made by Mr. Soticheck and seconded by Mr. Douglas to issue an Emergency Order for 34 Jennie Circle to allow the owners to place stone and loam and seed the eroded area behind their home; the work is to be completed within 30 days and the Commission is to be notified prior to start of work. VOTE 7-0 4. DISCUSSION -Harvard Avenue- Grimaldi Joe Petronino of Environmental Services was in attendance along with his client, John Grimaldi. A Notice of Intent was filed last year for this property to allowing the construction of a cul-de-sac and two homes. The filing was not acted upon as the applicant had not finalized the drainage design for the project. They now have a "definitive plan" which they will be submitting to the Planning Board which shows a detention basin and includes a stormwater management report. Mr. Petronino stated that soil borings have also been done on the site. Many of the area abutters were in attendance this evening. Mr. Kozloski explained that a public hearing will be held on this matter and the abutters will receive notification, however, he did allow them to ask questions this evening. John Kelly of Kellogg Avenue spoke with regard to an existing and ongoing problem with drainage in this area. He stated that he now gets water in his basement and the flooding has worsened through the years. He has lived in that house for eight years. Mr. Kozloski stated that he recently walked the property behind Kellogg Avenue with the Town Engineer and Mr. Kelly was also there. He stated that it appears that there are culverts downstream that are clogged and that they are on private property. Mr. Kelly asked that the Town require the private homeowner to clean the culverts to allow the water to flow. He stated that he sent a letter to the Mayor with this request and the Commission received a copy of the letter. The plan that was viewed this evening has not been formally submitted to the Town. Once the Commission office receives the plan it will be forwarded to the Town Engineer for review. The Town Engineer will also review the complete submittal for the Planning Board as well and the Planning Board will also hold a public hearing on the proposal 5. PUBLIC HEARING CONT. -Notice of Intent- River Road- DeCaro This item was continued for 30 days at the last meeting. 6. PUBLIC HEARING CONT. -Notice of Intent- Suffield St. _ Commonwealth Communities This item was continued once again as the applicant is still dealing with the Board of Appeals. v Agawam Conservation Commission March 23, 2006 Page 3 7. REQU, FOR DETERMINATION CONT. -Nolan Lane- Fortunato Mr. Fortunato was in attendance this evening. He stated that his surveyor should have a plan prepared within the next two weeks as discussed at the original meeting on this RDA. He submitted a copy of his plot plan this evening. Mr. Kozloski stated that he has not yet met with the abutting property owner but will do so in the near future and the issue with the dumping in this area will be addressed. This item was continued once again to the next meeting. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to amend the agenda to include the"add-on's" and also a discussion of Pynchon Point, VOTE 7-0 10. REQUEST FOR EXTENSION - Order of Conditions - Windermere Estates- Bretta Mr. Brettta has requested a two year extension of his Order of Conditions for the Windermere Estates subdivision. Motion was made by Mr. Harpin and seconded by Mr. Meagher to extend the Order of Conditions for Windermere Estates for two years as requested by the applicant. VOTE 7-0 11. DISCUSSION - White Fox Road Mr. Kozloski has met on-site with the owners of 171 White Fox Road who are proposing to construct an addition to their home. There is a stream that runs off of their property line. The members were in agreement with Mr. Kozloski that the owners have an environmentalist map the wetlands in order to determine if a Notice of Intent would be required for a Request for Determination. A letter will be sent to the owners. 12. DISCUSSION - land adjacent to High School Mr. Kozloski informed the members that the Conservation Commission is the manager of the land that the Town aquired adjacent to the High School which is being called "The Learning Tree". He suggested that the Commission send a letter to the School Superintendent stating that a plan must be submitted to the Commission for their proposal to use this property as an outdoor classroom as either a Notice of Intent or Request for Determination must be filed. There is a stream on the property. The members were in agreement to send that letter. Agawam Conservation Commission March 23, 2006 Page 4 DISCUSSION -Pynchon Point Ms. Messick stated that an April 15`h clean up of the Pynchon Point property has been scheduled with the Beautification Committee and C.A.R.D. (Citizen Advocates for Responsible Development). Mr. Kozloski stated that he spoke with a representative of Cianbro, the contractor doing the work on the bridge, and he agreed to remove the construction materials when requested(prior to the clean up). Mr. Kozloski also suggested that the Commission send a letter to the trucking concern adjacent to Pynchon Point to come up with a proposal to address the ongoing problem with dumping in this area. The members were in agreement. The meeting adjourned at 7:25 PM. AGAWAM CONSERVATION COMMISSION March 9, 2006 MEMBERS PRESENT: Henry A. Kozloski, Chairman tr Sheryl Becker Steven Douglas Fred Harpin Jill Messick Mark Soticheck = cry MEMBERS ABSENT: -y- Frank Meagher ALSO PRESENT: Pamela R.Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES - February 9,2006 Motion was made by Mr. Soticheck and seconded by Mr. Douglas to approve the minutes of February 9, 2006 as written. VOTE 6-0 2. PUBLIC HEARING-Notice of Intent- River Road- DeCaro Joseph Petronino of Environmental Services presented this Notice of Intent on behalf of Mr. DeCaro. He explained that they are proposing construct a 12'x 42'deck and a stone wall to on an existing building which they are planning to rehab. He stated that the site is the former seaport and has been abandoned for years and contains much trash and debris. He submitted photos for the members to view. This project is being filed as a "redevelopment" project. His client has been removing large debris from the site (i.e. heavy equipment parts, airplanes and parts, etc.),however, there is still some debris yet to be removed. He went on to explain that the existing concrete pad behind the building will be the limit of disturbance area. The proposed deck is at elevation 58.3; the proposed gabian wall will be in the flood zone. DEP has submitted comments - one of which is the need for compensatory flood storage. Mr. Petronino stated that his client has removed two 40' x 8' x 8' sealed containers from the site. He is going to ask DEP if the area(4,480 SF) of the former sealed containers can be considered as compensatory storage. He will inform the Commission. He has sent a filing to the Natural Heritage Endangered Species Program but has not yet received a file number or comments from them. The Engineering Department submitted comments. Mr. Petronino stated that he would meet with the Town . Agawam Conservation Commission March 9, 2006 Page 2 Engineer to explain the proposal. He stated that the proposed stone wall will be porous and they could also install leaching catch basins along the wall if necessary. There being no input from the public, the Commission continued the public hearing for one month to allow the applicant to address DEP and Engineering comments and to receive a file number from NHESP. 3. DISCUSSION - 34 Jennie Circle-Malafronte Mr. Malafronte was in attendance along with his landscaper. Mr. Kozloski and Mr. Harpin have made site visits and have seen the damage that has occurred when we experienced heavy rains. There is a brook that runs through this property and with the heavy rains, severe erosion has occurred which may have a negative effect on the home and deck. Mr. Malafronte stated that he would like to do this work as soon as possible to stabilize the embankment. His wife had submitted a proposed plan earlier this year but the members did not have copies to view this evening. The members agreed that this item be placed on the next agenda at which time they will have a plan to review and can issue an emergency order at that time. 4. DISCUSSION - Connecticut River Walk and Bikeway-F. Bradford Forrest Bradford was in attendance to ask for the Commission's support with his proposal to rename the bike path in the names of Edward Coffey and Paul Fieldstad. He stated that he personally knew these gentlemen and feels that renaming the bike path in their honor would be fitting as they first proposed a bike path in this area many years ago. He spoke of their dedication to the Town and their roles as former Councilors. He stated that the Mayor and the Beautification Committee support this idea as well as the Town Planner. Mr. Harpin expressed concern over naming public facilities after former political members as there are many people who have done good things for the Town and worked hard. He stated that he does not feel it to be fair to recognize only certain individuals. Mr. Kozloski echoed his concerns and also feels that there were many past politicians that have served the Town and it is not fair to recognize only a few. After a lengthy discussion, the following motion was made: Motion was made by Ms. Becker and seconded by Ms. Messick to endorse the proposal to rename the Bike Path in honor of Ed Coffey and Paul Fieldstad. VOTE 1-5 (Becker in favor) 5. CERTIFICATE OF COMPLIANCE - Lot 10 Barry Street Motion was made by Mr. Soticheck and seconded by Ms. Becker to issue a Certificate of Compliance for Lot 10 Barry Street conditional upon a favorable inspection by a Commission member. VOTE b-0 Agawam Conservation Commission March 9, 2006 Page 3 6. ENFORCEMENT ORDER(update) -Wright Street This item has been tabled until the Spring when an on-site can be held. 7. PUBLIC HEARING CONT. - 1200 Suffield Street- Commonwealth Communities This hearing was continued once again as they are still going through Board of Appeals approval. 8. REQUEST FOR DETERMINATION CONT. - 20 Nolan Lane- Fortunato This item was continued once again as the Commission is waiting for the applicant to supply them with a surveyor plan of the property. The members asked that a letter be sent to the applicant asking for an update of the status of this plan. Motion was made by Mr. Soticheck and seconded by Mr. Harpin to amend the agenda to include the "add-on's" and also a discussion of Lucia on Silver Street. VOTE 6-0 10. DISCUSSION -Witheridge Street- Stream Classification Mr. Kozloski stated that he had contacted DEP regarding the information that was supplied to the Commission by Mason Maronn of D.L. Bean, Inc. regarding stream classification. He stated that based on the information provided and discussions with DEP, the stream at the end of Witheridge Street does not meet the qualifications as a perennial stream. Motion was made by Ms. Messick and seconded by Mr. Soticheck that based on the information provided and conversations with DEP, the stream at the end of Witheridge Street does not meet the qualifications for a perennial stream and is therefore deemed intermittent. VOTE 6-0 COMPLAINT- Silver Street - Lucia Mr. Kozloski received a phone call from DEP stating that they received a complaint regarding possible filling of a wetland at the rear of the Lucia property on Silver Street. Mr.Kozloski and Mr. Harpin made a site visit and found that it does not appear as though the fill is being dumped in a wetland. Mr. Lucia will have the wetland mapped. He is currently stockpiling the fill in an area that is over 100' from the wetland until the Commission receives a delineation. The meeting adjourned at 7:30 PM. Ff AGAWAM CONSERVATION COMMISSION February 9, 2006 MEMBERS PRESENT: Henry A. Kozloski, Chairman _ Sheryl Becker Steven Douglas Fred Harpin Frank Meagher Jill Messick- 6:31 Mark Soticheck ' cn co Mr: Kozloski called the meeting to order at 6:30 PM. � ?s- 1. APPROVAL OF MINUTES -January 12 & 26, 2006 Motion was made by Mr. Soticheck and seconded by Ms. Becker to approve the minutes of January 12, 2006 as written. VOTE 6-0 Motion was made by Mr. Soticheck and seconded by Ms. Becker to approve the minutes of January 26, 2006 as written. VOTE 6-0 . 2. REQUEST FOR DETERMINATION- Debra Lane-Jock Mr. Jock was in attendance this evening to present this RDA which shows-the reconstruction of his home that was over 50% damaged by fire. He explained that the work will be contained to the existing footprint. This property is within the 500 year floodplain. He will be going before the Board of Appeals next to get their approval. The members were in agreement that a Negative Determination be issued as the existing footprint will be utilized. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue a Negative Determination of Applicability for Jack on Debra Lane. ' VOTE 7-0 3. ENFORCEMENT ORDER UPDATES -Wright Street This item was tabled as an inspection will take place in the Spring. Agawam Conservation Commission February 9,2006 Page 2 .-- 4. PUBLIC HEARING CONT. -Notice of Intent-1200 Suffield Street- Commonwealth Communities This item was continued once again as the applicant is still under review by the Board of Appeals. 5. REQUEST FOR DETERMINATION -Nolan Lane -Fortunato This item was tabled once again as the applicant has not yet submitted a surveyors plan of the property. Motion was mas made by Mr. Soticheck and seconded by Ms. Becker to amend the agenda to include the add-on's as well as a discussion of the stream classification at the end of Witheridge Street and discussion of the Westfield River Watershed Steering Committee. VOTE 7-0 7. CERTIFICATE OF COMPLIANCE - 1200 Suffield Street(2) Mr. Kozloski explained that the request is for a Certificate of Compliance on two separate Orders of Conditions on this property. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue Certificates of Compliance on two Orders of Conditions on 1200 Suffield Street pending a favorable inspection by a Commission member. VOTE 7-0 CERTIFICATE OF COMPLIANCE-Lot 23 Danny Lane Motion was made by Mr. Soticheck and seconded by Mr. Harpin to issue a Certificate of Compliance on lot 23 Danny Lane. VOTE 7-0 DISCUSSION - Stream Classification- Witheridge Street Mr. Kozloski explained that he has been in contact with DEP regarding D.L. Bean's recent correspondence on the stream classification at the end of Witheridge Street and changes that were made to the River's Act. He stated that if the watershed area is less than 1/2 acre and other criteria are met then the stream would be intermittent. He went on to,5ay that Mason Maronn of . Agawam Conservation Commission February 9, 2006 Page 3 D.L. Bean, Inc. will present this information to the Commission at their next meeting. DISCUSSION - Westfield River Watershed Steering Committee Mr. Kozloski explained that he Town received a letter from the EOEA regarding funding that has been granted to develop a Five Year Action Plan on the Westfield River Watershed and the need for community representatives on this committee. He feels that it is important to have representation of the Agawam Conservation Commission on this Committee as there are several areas along the Westfield River that are in the Town's Open Space and Recreation Plan. Pynchon Point was once such area that the Commission discussed this evening. He asked the members to consider serving on this committee and it will be discussed again at the next meeting. The meeting adjourned at 6:40 PM. 4' ..- AGAWAM CONSERVATION COMMISSION January 26, 2006 MEMBERS PRESENT: Henry A. Kozloski Sheryl Becker Fred Harpin Frank Meagher Jill Messick Mark Soticheck " c> . MEMBERS ABSENT: Steven Douglas Mr. Kozloski called the meeting to order at 6:30 PM. 1 APPROVAL OF MINUTES — January 12, 2006 Motion was made by Ms. Becker and seconded by Ms. Messick to table approval of the January 12, 2006 minutes as they were not yet prepared. VOTE 6-0 2. PUBLIC HEARING CONT. - Request to Amend Order of Conditions - Federal Street - Savonin Ron Huot of Anderson Associates was in attendance with a revised plan which shows the addition of a 10' x 16' deck off the back of the house. Also shown is a mitigation area of 1338 SF along with a 3' wide area of shrubs and trees to be planted at the 100' buffer line for an additional 212 SF of mitigation for a total of 1500 SF of mitigation area. The mitigation area behind the plantings will be left to return to its natural state. There being no public input, the public hearing was closed. Agawam Conservation Commission January 26, 2006 Page 2 Motion was made by Mr. Soticheck and seconded by Mr. Meagher to amend the Order of Conditions for Federal Street to allow for a 10' x 16' deck. VOTE 5-0-1 (Harpin abstained) 3. PUBLIC HEARING CONT. — Request to Amend Order of Conditions — Moore Street - Savonin Ron Huot also presented a new plan for the Moore Street Iots. The retaining wall will be 4' high and constructed of stone select blocks with perforated pipes installed at top and bottom for drainage. The water will be directed to the wetland at the rear of the property. Al Fenney, Moore Street, expressed concern over the retaining wall and wanted assurance that his property would not be negatively impacted. Mr. Huot stated that the retaining wall should protect his property and should it ever fail, there would be no damage to the new structures. Discussion followed concerning the construction schedule. It was agreed that the slabs that will replace the originally approved foundations will be poured first and then the rough grading will take place to allow for construction of the wall and swale. The property will be inspected after the rough grading in order to inform the builder which dead trees can be removed and if the silt fence is correctly installed. There being no further public input,the Commission closed the public hearing. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to amend the Order of Conditions for Moore Street to allow for the larger footprints, retaining wall, and construction of slabs rather than foundations. VOTE 6-0 4. ENFORCEMENT ORDER UPDATE — Wright Street Jim Ricco and Gary Nardi of Western Mass. Property Services were in attendance this evening. They own property at the end of Wright Street on which the Commission issued an Enforcement Order for filling in a wetland. They indicated that they have a license to raise pigs and are trying to reclaim the area as pasture land. The area filled is a small area that the former owners had fenced. The area had become a wetland from drainage from a Town owned drainage pipe. They have removed clay soil and replaced it with stone. The Commission agreed that DEP will have to decide if this qualifies as a farm. Members agreed to meet on-site in the Spring to determine if any fill needs to removed. The Commission continued the public hearing for Commonwealth Communities on Suffield Street and.Foftunato on Nolan Lane. Agawam Conservation Commission January 26, 2006 Page 3 Motion was made by Mr. Soticheck and seconded by Mr. Harpin to amend the agenda to include the add-on's. VOTE 6-0 8. RATIFY ENFORCEMENT ORDER - Gold Street (Mawaga Club Complaint) Mr. Kozloski reported on the complaint that was given by the Mawaga Club regarding silt from the Gold Street site that is currently under construction reaching their pond. He has made numerous inspections and issued an Enforcement Order last week. Motion was made by Mr. Soticheck and seconded by Ms. Messick to ratify the Enforcement Order issued to Development Associates for work on Gold Street. VOTE 6-0 Mr. Kozloski then stated that swales have been recently cut to help alleviate the problem. Regular inspections will be necessary to ensure this is sufficient. The Commission then wrote the Amended Order of Conditions for Moore Street. A copy can 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 Amended Order of Conditions on Moore Street as written. VOTE 6-0 The Commission then wrote the Amended Order of Conditions for Federal Street. A copy can be obtained from the Town Clerk's office or the Conservation Commission office. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue the Order of Conditions for Federal Street as written. VOTE 6-0 The meeting adjourned at 7:35 PM. f+ AGAWAM CONSERVATION COMMISSION r : January 12, 2006 r . MEMBERS PRESENT: �' Sheryl Becker Mark Soticheck Frank Meagher Henry A. Kozloski Steven Douglas Jill Messick MEMBERS ABSENT: Fred Harpin ALSO PRESENT: Deborah S. Dachos Pamela R. Edmunds Mr. Kozloski called the meeting to order at 6:30 PM. 1 1. APPROVAL OF MINUTES — December 8, 2005 Motion was made by Mr. Soticheck and seconded by Mr. Meagher to approve the minutes of December 8, 2005 as written. VOTE 6-0 2. PUBLIC HEARING — Request to Amend Order of Conditions - Federal Street Vitaly Dzhenzherukha, property owner,was in attendance.. He explained that he now wishes to add a 10' x 16' deck off the back of the house for which the Commission recently issued an Order of Conditions on. Mr. Kozloski asked if this additional deck would still keep the alteration under 10%. Mr. Dzhenzherukha stated, yes. The Engineering Department issued comments, one of which is the need for mitigation on this Agawam Conservation Commission January 12, 2006 Page 2 Engineering Department issued comments, one of which is the need for mitigation on this site as the impact to the riverfront area is over the allowed 10% impact. At a minimum, 1531 SF of mitigation should be provided. The members were in agreement that a mitigation plan be submitted prior to their action on this request to amend the Order of Conditions. The public hearing was continued for two weeks. 3. PUBLIC HEARING - Request to Amend Order of Conditions - Moore Street Vitaly Dzhenzherukha was in attendance for this request also, on behalf of the owner, Sergay Savonin. He explained that they are proposing to construct two larger homes than were approved by the Commission on lots 2 and 3 Moore Street. These homes will have no cellars as discussed at the last meeting however, four decks have been added to the homes. The houses were moved back on the site, closer to the wetland and the swale area has been decreased from the originally approved plan. The Engineering Department submitted comments dated November 9, 2005. Mr. Kozloski stated that a plan of retaining wall must be submitted. Al Fenney, 38-40 Moore Street questioned the construction of the retaining wall and expressed concern over drainage. Mr. Kozloski explained that the wall will have drainage installed in it and that a final plan of the retaining wall will have to be provided to the Commission prior to their action on this request to amend the Order of Conditions, - The Commission continued the public hearing for two weeks. 4. ENFORCEMENT ORDER UPDATES Suffield Street—Tirone—Mr. Kozloski stated that this Enforcement Order can be lifted at this time as the trees and grass have been planted as required. Motion was made by Mr. Soticheck and seconded by Mr. Douglas to lift the Enforcement Order issued to Tirone on Suffield Street. VOTE 6-0 River Road- B'Shara—Mr. Kozloski stated that the River has been too high for Mr. B'Shara to complete the work on the riverbank. Motion was made by Mr. Soticheck and seconded by Ms. Becker to table the Enforcement Order for B'Shara on River Road until the Spring. VOTE 6-0 Wild Turkey Estates—Mr. Kozloski stated that the restoration of the damaged areas -behind Wild Turkey Estates will not take place until the Spring. f' Agawam Conservation Commission January 12, 2006 Page 3 Motion was made by Mr. Soticheck and seconded by Mr. Meagher to table the Enforcement Order for Wild Turkey Estates to May, 2006. VOTE 6-0 Wright Street Mr. Kozloski issued this Enforcement Order after being contacted by DEP of a complaint they received regarding filling in a wetland at the end of Wright Street. He and Mr. Harpin made an inspection. Mr. Kozloski stated that some of the fill may have to be removed. Motion was made by Mr. Soticheck and seconded by Ms. Becker to ratify the Enforcement Order issued to Western Mass. Property Services for property on Wright Street. VOTE 6-0 The property owners were not in attendance this evening. The Commission asked that a letter be sent to them asking them to attend the next meeting to discuss the Enforcement Order, 10. DISCUSSION — Correspondence re: 1200 Suffield Street Mr. Kozloski was contacted by a representative of Environmental Compliance Services regarding test borings to be done on 1200 Suffield Street. He asked that they send in a written request which they have. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to send a letter to Environmental Compliance Services approving their request to do test borings at 1200 Suffield Street. VOTE 6-0 6. REQUEST FOR DETERMINATION - Nolan Lane — Fortunato This item was continued again as the applicant has not submitted a surveyor's plan of the property. Motion was made by Mr. Meagher and seconded by Mr. Soticheck to amend the agenda to include the"add-on's". y' R Agawam Conservation Commission .January 12, 2006 Page 4 VOTE 6-0 8. CHAPTER 61A— Meadow Street — Christopher Ms. Dachos informed the Commission that the Town has been notified of their right of first refusal under Chapter 6 1 A for a small parcel of land on the south side of Meadow Street. The property is to be purchased by an adjacent property owner for $175,000. The members were in agreement that this parcel would be of no benefit to Town for recreational or public use. Motion was made by Mr. Soticheck and seconded by Mr. Douglas to send a negative recommendation to the Mayor with regarding to the Town exercising its right of first refusal on the Christopher property on the south side of Meadow Street. VOTE 6-0 9. DISC. — Gold Street- Mawaga Club Complaint Mr. Kozloski stated that he has inspected the Gold Street site that is currently under construction after being contacted by the Mawaga Club regarding siltation from Gold Street reaching their pond. He instructed the contractor to install filter fabric over the catch basins and that the streets are to be swept routinely. With the heavy rain last night additional silt reached the Mawaga Club. He stated that the contractor will spread hay on the street this weekend. Motion was made by Mr. Soticheck and seconded by Ms. Becker to add a discussion of Witheridge Street to the agenda. VOTE 6-0 Mason Maronn, D.L. Bean, Inc. was in attendance. He submitted.a letter regarding the Classification of the stream at the end of Witheridge Street. The Commission approved a wetland delineation but did not vote on the stream classification at this time. He stated that criteria set for determining perennial streams per DEP was amended in 2002. After a lengthy discussion regarding the criteria, the Commission agreed that the Engineering Department should review this information and provide them with comments. This item will be placed on a future agenda. The meeting adjourned at 7:30 PM.