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2008-2012 AGAWAM CONSERVATION COMMISSION MEETINGS � a;tY� Cp�1Sc YV Q`�t�1 �H}��sS� (� ,; _ _ -- a Agawam Conservation Commission November 29, 2012 Page 1 AGAWAM CONSERVATION COMMISSION November 29, 2012 MEMBERS PRESENT: Henry A. Kozloski, Chairman Page Fallon— 6:35 PM Magda Galiatsos Jill Messick Frank Meagher MEMBERS ABSENT: Sheryl Becker Mark Soticheck ALSO PRESENT: Deborah S. Dachos Pamela R. Kerr c Mr. Kozloski called the meeting to order at 6:30 PM. 1. REQUEST FOR DETERMINATION— 181 Valley Brook Road—Randolph Mr. Randolph was in attendance to present this RDA for an addition of a garage, w sunroom, deck and covered hot tub area. There is a drainage easement that runs along tie edge of his property. Mr. Kozloski and Mr. Fallon have been to the site as an Enforcement Order was issued recently for trees cut within the drainage easement. Mr. Randolph stated that his contractor will place silt socks for erosion control. Mr. Kozloski asked if the tree material had been removed from the easement. Mr. Randolph stated that most has been removed but the big logs will be removed next week. He then asked Mr. Kozloski about the area on his neighbor's property which is an "eyesore" for him. Mr. Kozloski stated that he will meet with the neighboring property owner at another time for the removal of a tree that has fallen but was not cut. Ms. Galiatsos suggested that the provision for silt socks be made a condition of the Determination. The members were in agreement. Motion was made by Ms. Galiatsos and seconded by Mr. Meagher to issue a Negative Determination of Applicability for 181 Valley Brook Road with the condition that silt socks be placed for erosion control. VOTE 4-0 4. ENFORCEMENT ORDER UPDATES Valley Brook Road SCANNED ` Agawam Conservation Commission November 29, 2012 Page 2 Motion was made by Ms. Galiatsos and seconded by Mr. Meagher to lift the Enforcement Order issued for 181 Valley Brook Road as most of the debris has been removed from the drainage easement with the exception of the large logs which will be removed this week. VOTE 4-0 Optasite—Work will be completed in the Spring. Robin Ridge —nothing new to report 6. APPROVAL OF MINUTES—October 25 &November 8, 2012 Mr. Kozloski stated that the wording on the RDA for Moylan Lane should be changed to "boundaries were verified at a site visit" rather than"boundaries were approved at a site visit". The members agreed with him. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to approve the minutes of October 25, 2012 as corrected. VOTE 4-0 Motion was made by Mr. Meagher and seconded by Ms. Messick to approve the November 8, 2012 minutes as written. VOTE 4-0 5. Correspondence and Complaints Mr. Kozloski explained that in the vicinity of deep gutter on North Street, an elbow in a culvert has broken off and is causing erosion of the stream bank along a private driveway. He suggested that the Commission issue an Emergency Order for the temporary solution once they receive additional information from the Engineering Department. He went on to say that the permanent solution will be a far larger project and is not anticipated to be done soon. Complaint—368 North Street—Mr. Kozloski explained that a complaint was received regarding trees being cut and the creation of an atv track on a hill above a stream. Members agreed to meet on site on Tuesday at 2.30 PM to view the area. They agreed to then go to Cosgrove Avenue to look at trees that have been cut adjacent to a stream. 2. REQUEST FOR DETERMINATION—Woodcock Court—Tisdell Mr. Fallon had met on site at this location along with Mr. Kozloski and Ms. Becker. He stated that the owner is planning to make modifications to the septic system{did not pass Title V)including replacement of the leachfield. Silt sox are proposed for erosion control. This work will take place within the buffer zone. Agawam Conservation Commission November 29,2012 Page 3 Motion was made by Mr. Fallon and seconded by Ms. Galiatsos to issue a Negative Determination of Applicability for Tisdell on Woodcock Court. VOTE 5-0 Ms. Dachas informed the members that a representative of DEP in Boston will be in the office next week to research Commission files from 2004 through 2008. More specifically, he will be researching only files that contained wetland replication. Mr. Kozloski informed the members that a meeting will be held next week in the Law Department regarding the open classroom property at the High School. He stated that this land was purchased through CPA funds and must be put under a deed restriction. He will keep the members informed. 3. REQUEST FOR DETERMINATION--Main Street—Desmond Mrs. Desmond was in attendance to present this RDA. She owns property behind the restaurant near South Street and the entrance to the property has been blocked with damaged and fallen trees from recent storms. Although the property is vacant, she wants to maintain access to it. Mr. Kozloski stated that he has met with her at the site and agrees the trees must be removed. Motion was made by Ms. Galiatsos and seconded by Ms. Messick to issue a Negative Determination of Applicability for Desmond on Main Street. VOTE 5-0 The meeting adjourned at 7:50 PM. Agawam Conservation Commission November 8, 2012 Page I AGAWAM CONSERVATION COMMISSION November 8, 2012 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Page Fallon Frank Meagher .Till Messick Mark Soticheck MEMBERS ABSENT: Magda Galiatsos ALSO PRESENT: Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. " 1. REQU. FOR DETERMINATION CONT. —Cooper Street—Kot Ron Huot of Anderson Associates was in attendance. He explained that since the site visit that was held at which Mr. Kozloski and Mr. Meagher attended, he has revised the' plan. It was agreed at the on-site that one flagged be moved. Both Mr. Meagher and A& Kozloski agreed with the revised flagging. Motion was made by Mr. Meagher and seconded by Ms. Messick to issue a Positive Determination, approving the revised wetland delineation for Kot on Cooper Street. VOTE 6-0 4. PUBLIC HEARING CONT. —Notice of Intent—Main Street—Rivermoor- Citizens Agawam LLC Briony Angus and Brian Huntley of Tighe and Bond were in attendance. Ms. Angus stated that since the site visit last week with Commission members,the plan has been modified. She stated that due to Commission concerns on the removal of the trees on the sides of the slopes, they will now limit the clearing to the top of the slope (flat area) and the stumps will remain. She went on to say that Commission members requested a small berm along the top of the slope, if needed. Mr. Huntley addressed that issue and stated that they would prefer not to install a berm as they would rather allow for the drainage to sheet flow. He stated that their concern is that a berm would concentrate the flow and possibly cause erosion. Mr. Soticheck asked how they would address any erosion on the slopes—rip rap? Mr. Huntley stated no and that there will be no tree removal on the slope, however if erosion does occur they could install riprap if the Commission requests. Agawam Conservation Commission November 8, 2012 Page 2 Ms. Messick asked how they would address potential ruts in the ground from the cutting equipment. Her concern that ruts would allow for concentration of water. Mr. Huntley stated that any ruts would be raked smooth and the wood chips will be spread on the area. Ms. Angus stated that the original buffer zone impacts were 29,562 SF but with the modifications to the plan, the buffer zone impacts will be 17,250 SF and the work will be further from the resource area. Also agreed upon at the site visit, the vegetation that has been dumped on the Southworth property will be chipped or removed, if feasible. Mr. Kozloski stated that during the site visit he noticed a damaged tree on the slope that may need to be removed. He stated that they must get permission from the Commission if they need to remove it. He then stated that the members should understand that this Order of Conditions will approve the additional tree cutting for the solar facility and approves the wetland delineation as that area was not approved with the original filing. There being no public input,the public hearing was closed. The Order of Conditions was written at the end of the meeting. 3. ENFORCEMENT ORDER UPDATES Robin Ridge—Mr. Kozloski stated that he recently made a site visit to Robin Ridge and found that they are now constructing the last house in the subdivision. He stated that he spoke with the new homeowner and that he will repair the silt fence on that lot. Optasite—nothing new to report. Valley Brook Road—Mr. Kozloski and Mr. Fallon met on-site with the property owner. A complaint was made that trees had been cut in a resource area. Mr. Kozloski stated that owner, Mr. Randolph, will remove logs from the buffer zone and will plant bushes in the area where the trees were cut. Mr. Randolph was in attendance and explained that he is proposing an addition to his home. He has filed a Request for Determination for the addition and that will appear on the next agenda. He asked if his builder could start work on the addition on the left side of the house/garage. The members agreed that he should not start this work until they have issued their Determination. Mr. Randolph agreed to that. 4. CERTIFICATE OF COMPLIANCE—Lot 1 Burlington Estates Mr. Kozloski made this inspection and agreed that a Certificate be issued. Motion was made by Mr. Soticheck and seconded by Ms. Becker to issue a Certificate of Compliance for Lot 1 Burlington Estates. VOTE 6-0 5. NEW SEPTIC SYSTEM—8 Woodcock Court The homeowner of 8 Woodcock Court, Mr. Tisdell, was in attendance this evening. At the last meeting the Commission voted that a Notice of Intent would be needed for the Agawam Conservation Commission November 8, 2012 Page 3 new septic system on this lot. Since the last meeting, a site visit was held at which Ms. Becker, Mr. Fallon and Mr. Kozloski attended. The site visit was set up for the members to view the area rather than look at it on a plan. Ms. Becker stated that the location of the new septic system won't affect the hydrology of the site and agreed that a Request for Determination could be filed for the work. Mr. Tisdell stated that he would submit the Request tomorrow morning. The members agreed to hold a meeting on November 29th which is the fifth Thursday of the month. Motion was made by Ms. Messick and seconded by Mr. Fallon to rescind the vote taken at the October 25th meeting that required a Notice of Intent for the new septic system at 8 Woodcock Court to allow for a Request for Determination instead. VOTE 6-0 The members then wrote the Order of Conditions for Rivermoor-Citizens Agawam LLC. 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 Order of Conditions for the additional tree clearing on Main Street by Rivermoor-Citizens Agawam LLC and to approve the wetland boundaries. VOTE 6-0 7. APPROVAL OF MINUTES - October 25, 2012 Mr. Fallon had submitted notes/minutes of the last meeting. Mr. Kozloski questioned whether they voted to require a NOI for 8 Woodcock Court. Ms. Messick stated that she thought that was accurate. Since the last meeting, a site visit was held and it was agreed that an RDA be filed for the new septic system. Motion was made by Ms. Messick and seconded by Mr. Fallon to rescind the October 25`h vote to require a Notice of Intent for the new septic system at 8 Woodcock Court. VOTE 6-0 Hunt Street—Ms. Becker agreed to make a follow-up visit to determine if the brush and debris has been removed as agreed to at the site visit earlier this month. 73 Cosgrove Avenue—Mr. Soticheck stated that trees were cut next to a stream with the last two to three weeks. This was discussed at the last meeting at which time they agreed to send an Enforcement Order. 170 Meadow Street—Ms. Becker stated she witnessed the property owner dump grass clippings over the edge of a steep slope on the opposite side of the street near the broken Agawam Conservation Commission November 8, 2012 Page 4 fence/guardrail. She asked that a letter be sent informing them of the Massachusetts Wetlands Protection Act and including any informational material that is available. Ms. Kerr informed the members that the department budget is short $150 (error in calculating longevity) and asked if the Commission would allow the $150 to be taken out of the wetland account as there is no other account within this budget to take it from. Motion was made by Ms. Messick and seconded by Mr. Meagher to allow $150 to be taken from the wetland account and put into the department budget to cover the longevity shortfall if there are no other Town accounts to take it from. VOTE 6-0 The meeting adjourned at 7:20 PM. Agawam Conservation Commission October 25, 2012 Page 1 Agawam Conservation Commission October 25, 2012 MEMBERS PRESENT: Sheryl Becker Frank Meahger Jill Messick Mark Soticheck Page Fallon MEMBERS ABSENT: , Henry A. Kozloski , Magda Galiatsos Ms. Messick called the meeting to order at 6:30 PM. 1. Request for Determination: Cooper Street—Kot Represented by Ronald Huot, Anderson.Associates, who presented a plan indicating that a three lot subdivision is planned and that work within the buffer zone, including the construction of a detention basin (`proposed drainage area" on the plan) is anticipated. A detention basin will be constructed within the buffer zone. A site visit was set up for Thursday November 1 at 4:3 0 PM, to meet on the water line easement off Tracy Drive. Motion was made by Ms. Becker and seconded by Mr. Soticheck to continue the Request for Determination for Kot on Cooper Street to the next meeting. VOTE 5-0 2. Request for Determination: Moylan Lane - Ricco A revised delineation prepared by Pioneer Environmental was verified in the field prior to the meeting. ' Agawam Conservation Commission October 25, 2012 Page 2 Motion was made by Mr. Soticheck and seconded by Ms. Becker to issue a Negative Determination for Ricco on Moylan Lane for the proposed work; and a positive determination to approve the wetland delineation. VOTE 5-0 3. PUBLIC HEARING-Notice of Intent— Main Street—Rivermoor Citizens Agawam LLC Briony Angus and Brian Huntley of Tighe &Bond were in attendance to present this NOI for additional tree clearing associated with the solar project on Main Street.. The proposal shows additional clearing of vegetation on Southworth Company property adjacent to the Rivermoor Citizens Agawam LLC project site on Main Street. A plan was submitted showing the proposed work area. It is proposed to remove large trees within the resource area on and above the steep western bank of stream west of the project area. Larger trees only will be removed. Lower vegetation will remain. It was proposed to chip the trees on the site and spread the chips. It was indicated that removal of the chips would also be agreeable to the proponent. The number of trees to be cut is not known. Marking of specific trees to be cut was suggested. A site visit was set up for the week of November 5 , 2012. Motion was made by Ms. Becker and seconded by Mr. Fallon to continue the public hearing for the Rivermoor-Citizens Agawam LLC Notice of Intent to Thursday, November 8, 2012. VOTE 5-0 4. Enforcement Orders No updates 5. Correspondence and Complaints 8 Woodcock Court: Proposed modification/installation of a septic system. It was indicated that the Chairman had visited the site and thought that a Request for Determination would be appropriate. It was indicated that a site visit should be arranged. Motion was made by Mr. Soticheck and seconded by Ms. Becker that a Notice of Intent be filed for the proposed new septic system at 8 Woodcock Court. VOTE 5-0 Complaint of dumping of yard waste in a resource area: Agawam Corporate Center: Commission members Jill Messick and Sheryl Becker met with management at the Agawam Agawam Conservation Commission October 25, 2012 Page 3 Corporate Center to go over the complaint and suggest changes. The representative of the Agawam Corporate Center indicated that dumping would cease, the materials dumped previously would be removed and cleaned up, that the area affected would be mulched, and that signs would be posted.. A board member indicated that a violation had occurred or was occurring near the stream crossing on Cosgrove Street: trees within the resource area had been cut and chips deposited in the resource area. It was indicated that a prior enforcement order may have been issued for similar actions, and dumping, previously in this area. It was determined to issue an enforcement order, and arrange a site visit. 170 Meadow Street: A member observed that cuttings and yard waste had been dumped in a resource area at this location. The member indicated that she would provide information regarding the wetlands protection act. It was agreed to send a letter to the owner regarding the violations). 6:52 PM Approval of Minutes—October 11, 2012. Motion was made by Mr. Soticheck and seconded by Ms. Becker to approve the minutes of the October 11, 2012 meeting as written. VOTE 5-0 6:55 Meeting adjourned. Agawam Conservation Commission October 11, 2012 Page 1 AGAWAM CONSERVATION COMMISSION October 11, 20t2 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Page Fallon Magda Galiatsos Jill Messick Mark Soticheck ALSO PRESENT: ,- Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. REQUEST FOR DETERMINATION—Moylan Lane—Ricco ro Dave Bean of D.L. Bean, Inc. was in attendance along with the applicant, Jim Ricco. cn This RDA was filed for approval of the wetland delineation and whether or not the work comes under the jurisdiction of the Massachusetts Wetlands Protection Act. A site visit was held just prior to the meeting to view wetland flagging. It was noted that D.L. Bean, Inc. did not place the flags, they were existing. Mr. Bean suggested that perhaps they were placed by WMECO when they were flagging for the GSRP. He stated that he has revised the plan to show proposed contours and finished grades. He noted that a berm will prevent flows from going directly to the wetland and the drainage will be handled by a series of swales. He went on to say that only the undeveloped portion will flow to the wetland. There will be less than 20% pervious area and the drainage will free flow to the swale system. He stated that the proposal is to construct a 6300 SF building to house a contractor shop and office and will include material and equipment storage. The parking area will be trap rock/gravel. He stated that the building location meets the zoning and shows approximately 37.5' from the rear corner of the building to the property line and approximately 35' to the edge of wetland. He stated that they must also seek site plan approval for this project with the Planning Board. Mr. Kozloski stated that he has researched the NOI for WMECO and all of their flagging was within the ROW. He suggested that the flagged area in question may not be a wetland and that it may be beneficial for D.L. Bean to go back out and re-flag the area. Mr. Bean requested a continuance of this RDA to the next meeting. Motion was made by Ms. Messick and seconded by Mr. Soticheck to continue the RDA for Ricco on Moylan Lane to the next meeting as requested by the applicant's representative. VOTE 6-0 Agawam Conservation Commission October 11, 2012 Page 2 2. REQUEST FOR DETERMINATION—2-4 Moore Street—Poirier This RDA was filed for the placement of a 8' x 10' shed on a lot at the end of Moore Street. The location is behind the existing house. Members made a site visit just prior to the meeting. Motion was made by Ms. Galiatsos and seconded by Ms. Becker to issue a Negative Determination of Applicability for Poirier at 2-4 Moore Street. VOTE 6-0 3. CERTIFICATE OF COMPLIANCE— 6 Yorkshire Lane Mr. Kozloski made this inspection and recommended that a Certificate be issued. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue a Certificate of Compliance on 6 Yorkshire Lane. VOTE 6-0 4. ENFORCEMENT ORDER UPDATES — Robin Ridge--nothing new to report. Optasite—Main Street— Work is still taking place on this site. 5. ORDER OF CONDITIONS --Carr Avenue—Town of Agawam The Commission wrote the Order of Conditions for this work that was done under an Emergency Oder issued by the Commission. 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 the Town of Agawam on Carr Avenue as written. VOTE 6-0 6. Correspondence and Complaints The Commission received a letter from Aspen Square Management in response to the letter regarding possible dumping within an area subject to protection. The members agreed to set up a site visit for the following Thursday at 1:00 PM with Mr. Kozloski, Ms. Messick and Ms. Becker to attend. The Commission received an email from John Root seeking their support and endorsement of his application to the Agawam Cultural Council for his presentation on Agawam Conservation Commission October 11, 2012 Page 3 Edible Perennial Landscaping. The members received a link to his site and were in agreement that the Commission endorse this application. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to endorse John Root's application to the Agawam Cultural Council on his presentation entitled "Edible Perennial Landscaping". VOTE 6-0 The Commission has been receiving regular monthly reports on the two solar developments in town as required under their Orders of Conditions. 7. APPROVAL OF MINUTES —September 13 and September 27, 2012 Motion was made by Ms. Messick and seconded by Mr. Fallon to approve the minutes of September 13, 2012 as written. VOTE 6-0 Motion was made by Ms. Messick and seconded by Mr. Soticheck to approve the minutes of September 27, 2012 as written. VOTE 5-0-1 (Galiatsos abstained) The meeting adjourned at 7:00 PM. % Y lam% ` Agawam Conservation Commission September 13, 2012 Page 1 AGAWAM CONSERVATION COMMISSION September 13, 2012 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Page Fallon Magda Galiatsos Jill Messick p r N MEMBERS ABSENT: ten' Mark Soticheck ALSO PRESENT: TIP Deborah S. Dachos Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. REQUEST FOR DETERMINATION—90 Edgewater Road— Sirois Mr. and Mrs. Sirois were in attendance to explain this Request for Determination. Mr. Kozloski and Mr. Fallon met on-site with Mr. Sirois earlier to view the property. Mr. Sirois stated that this is a 3/4 acre lot with an 1800 SF house and it abuts Silver Lake. He went on to say that his house has a walk out basement and the lot slopes to a point and then is fairly flat to the Lake. He stated that the rear of the lot is heavily wooded with varying sizes of trees and that he would like to remove some of the small trees at the rear to open up the area to more sunlight. He stated that there is no ground vegetation on the back of the lot due to the amount of trees, only moss and bare earth. He went on to say that he wants to keep some of the larger trees and that there are four to five large trees close to the house that he wants to remove as they are in jeopardy of damaging his home if they were to come down. Ms. Messick asked hove close to the Lake he would be cutting. Mr. Sirois stated there is excessive tree growth up to the water but that he does not want to clear cut,just selective cutting. Ms. Messick asked if there was any shoreline vegetation. Mr. Sirois stated there is no ground vegetation other than ferns along the edge of the water. Ms. Becker asked why he was cutting the vegetation under 6" in diameter. Mr. Sirois stated that he is only proposing to cut the small trees and keep the large ones and get some ground vegetation to grow. Mrs. Sirois stated that the dirt from the yard washes into the Lake during heavy rains due to the lack of ground cover. Mr. Kozloski stated that a couple of the large trees are leaning towards the deck and house and that all of the work would take place in the buffer zone. Mr. Sirois concluded by saying his intention is to leave the lot quite heavily wooded and will not cut anything in the water or on the bank. He also stated that he intends to leave the stumps to rot or possibly remove at a later date. Agawam Conservation Commission September 13, 2012 Page 2 Motion was made by Ms. Messick and seconded by Ms. Galiatsos to issue a Negative Determination for Sirois, 90 Edgewater Road. VOTE 5-0 While Mr. Sirois was in attendance, Mr. Kozloski asked him to explain the letter he sent, as Fire Chief, regarding Carr Avenue. Chief Sirois stated that he voluntarily sent a letter to the Town Engineer supporting the proposed culvert replacement on Carr Avenue as soon as possible. He stated that he has seen significant flooding in this area and that their ladder truck is 49 ton and if that road were to become impassable the houses at the end of the street and on Mardale and Nile Avenue would be cut off. 2. REQUEST FOR DETERMINATION—North Westfield Street Mason Maronn of D.L. Bean, Inc. was in attendance to present this RDA which was filed for wetlands delineation. Members met on-site with Mr. Maronn just prior to the meeting to view the flagging. Mr. Maronn explained that the sites contain bordering vegetated wetland and that during the site visit the members asked that two flags be moved: W8 was moved 12' west and W9 was moved 5' west. These changes were noted on the plan and he explained that a revised plan will be sent to the Commission next week. Motion was made by Ms. Galiatsos and seconded by Ms. Becker to approve the wetland delineation for 26, 32 and 38 North Westfield Street based upon the changes made during the site visit which include moving wetland flag WS 12' west and wetland flag W9 5' west. VOTE 5-0 3. PUBLIC HEARING CONT. Notice of Intent— Carr Avenue—Town of Agawam Michelle Chase, Town Engineer was in attendance this evening. She gave an overview of the proposed project stating that their original proposal was to replace the existing two 3 0" culverts with three new 3 0" culverts. DEP has since issued comments on the proposal and a site visit was held with Karen Hirschberg of DEP, John Sargeant of Army Corps of Engineers,representatives of the Engineering Department, as well as Commission members. She stated that at the site visit Ms. Hirschberg asked that they look at a design that would provide as much as possible to improve the aquatic life in the area and the channel flow. Ms. Chase went on to say that the Town does not want to raise the road at all. She went on to say that she was told by John Sargeant of ACE that it would be easier to permit if similar in-kind culverts were being proposed. They could then file under normal maintenance. Ms. Chase stated that would mean using corrugated metal pipes as exist and the Town does not want those. She stated that she has provided DEP with an Alternatives Analysis. She also brought up the Fire Department's concern on the structural stability of the road. She stated that the reclamation of the pavement is scheduled for the second week of October and they hope to doe the culvert replacement Agawam Conservation Commission September 13,2412 Page 3 during the last week of September. She stated that it should take approximately one day to do the work on the culverts. She also stated that they are scheduled to do test pits next week to determine the depth of the water pipe. Mr. Kozloski then asked for public input. Peter Tilden, 37 Nile Avenue asked if there was 8" of cover over the pipe where the road dips. Ms. Chase stated yes and that another concern of Karen Hirschberg was the smooth pipe lining. She went on to say that she didn't feel that would be an issue as the area is fairly flat. Grace Tilden, 3 7 Nile Avenue asked if it would be beneficial for the abutters to send a letter to DEP outlining their public safety concerns as this is the only access to several homes. Ms. Galiatsos asked the members if an Emergency Order would be appropriate at this time. Mr. Kozloski stated that due to the letter from the Fire Chief he would consider issuing an Emergency Order if there is no action by DEP and ACE. Ms. Messick agreed with that. Jean Parrow, 25 Nile Avenue stated that she has a special needs daughter who gets picked up by a van everyday and she is very concerned about the possibility of the road becoming impassable. She also stated that she has lived there for 45 years and there used to be much more wildlife in this area. Frank Parrow, 25 Nile Avenue stated that there are holes in the pipe and when the DPW comes out to repair the road they use hot patch and it just sinks down into the pipe. Mr. Fallon asked what the difference between a wetland vs. a stream crossing. Ms. Chase stated this would be considered a category 1 review but that the proposal to install three culverts would be a category 2. Ms. Galiatsos asked if the Commission could issue an Emergency Order for the installation of three culverts. Mr. Kozloski stated no, it would have to be replaced with in-kind. Mr. Fallon stated that regarding the DEP concern with the smooth pipe lining, there is no real flow in this area as it is rather flat. The members continued this public hearing to the next meeting. 4. ENFORCEMENT ORDERS—updates Mr. Kozloski stated that work is still being done on the Optasite site off of Main Street. Also, an Enforcement Order had been issued to the Town of Agawam for property on Redwood Drive where trees had fallen in a floodplain and a neighbor had complained and wanted them removed. Mr. Kozloski stated that he met out there last week with the contractor the Town hired to remove the trees. This is the second time the contractor had been out to the site to do the work. The complainant was not satisfied with the original work that was done. Mr. Kozloski stated that the Commission should be able to lift the Enforcement Order within the next couple of weeks. Ms. Dachos suggested that the Commission send the complainant a letter outlining what work was done. Agawam Conservation Commission September 13, 2012 Page 4 5, CORRESPONDENCE AND COMPLAINTS Dick Bennett of the Beautification Committee and Community Preservation Act Committee had sent a written request to address the Commission this evening regarding Pynchon Point. He stated that he was not informed of the results of an in-house meeting the Mayor scheduled regarding the Commission's previous letter concerning his issues with the maintenance of Pynchon Point. He stated that he worked at Pynchon Point last Friday until dusk and went back on Saturday and found approximately forty bottles, some broken. He stated that it is now a destination point for drinking. He went on to say that Chris Golba, DPW Superintendent, has agreed to put a trash barrel at the end of the bike path and to move a sign post. Ms. Dachas stated that she attended the meeting in the Mayor's office with the Police and Mr. Kozloski. She stated that Lt. Gillis informed them that he does not have extra personnel to police this area and that the officers go down there when they can and that neighborhood has the most activity. She went on to say that Lt. Gillis had stated that they will not force people to leave the property but that they have made some arrests down there. Mr. Bennett stated that he has submitted an application to the CPA committee for funding to develop signs for all Town recreational areas outlining the rules. After much discussion, it was agreed that another appointment be set up with Lt. Gillis to discuss this ongoing problem. b. APPROVAL OF MINUTES —August 23, 2012 Motion was made by Ms. Messick and seconded by Ms. Galiatsos to approve the minutes of August 23, 2012 as written. VOTE 5-0 The meeting adjourned at 7:40 PM. Agawam Conservation Commission September 27, 2012 Page 1 AGAWAM CONSERVATION COMMISSION September 27, 2012 MEMBERS PRESENT: Henry A. Kozloski, Chairperson Sheryl Becker Page Fallon , d Jill Messick Mark Soticheck (/ MEMBERS ABSENT: d Magda Galiatsos CD c-� ALSO PRESENT: Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. PUBLIC HEARING CONT. —Notice of Intent— Carr Avenue—Town of Agawam Mr. Kozloski took photos of the work that took place on the culvert replacement on Carr Avenue which was authorized under an Emergency Order issued last week. The members viewed the photos and seemed pleased with the work. They agreed to close the public hearing this evening and write the Order of Conditions at the next meeting by which time the area should be stabilized and re-vegetation may have begun. Motion was made by Ms. Messick and seconded by Mr. Soticheck to close the public hearing for Carr Avenue. VOTE 5-0 2. CERTIFICATE OF COMPLIANCE—65 Moylan Lane Mr. Kozloski made this inspection and found that all work has been completed. Motion was made by Ms. Messick and seconded by Mr. Soticheck to issue a Certificate of Compliance on 65 MoyIan Lane. VOTE 5-0 CERTIFICATE OF COMPLIANCE—21 South Street All work under this Order has not been completed (i.e. original house not yet demolished). Agawam Conservation Commission September 27, 2012 Page 2 Motion was made by Ms. Messick and seconded by Ms. Becker to deny a Certificate of Compliance at this time for 21 South Street as all work has not yet been completed. VOTE 5-0 3. ENFORCEMENT ORDER UPDATES — Robin Ridge —nothing new to report. Nicole Terrace—Mr. Kozloksi made an inspection of this site and found that the area has re-vegetated. He noted that the blueberry bushes were not planted but he is satisfied with the condition it is in. He recommended that the Enforcement Order be lifted. Motion was made by Mr. Soticheck and seconded by Ms. Messick to lift the Enforcement Order issued to Grechka on Nicole Terrace. VOTE 5-0 Optasite Towers Work is still taking place at this site. Redwood Drive—Town of Agawam—Mr. Kozloski stated that he met with the contractor the Town hired to remove trees and viewed the work that he did. He recommended that the Enforcement Order be lifted. He noted that the complainant wanted more trees removed but he did not support that as the area is floodplain and wetland. Motion was made by Ms. Messick and seconded by Mr. Soticheck to lift the Enforcement Order issued to the Town of Agawam for property on Redwood Drive. VOTE 5-0 4. CORRESPONDENCES & COMPLAINTS Mr. Kozloski noted that Tighe and Bond submitted a letter regarding the solar facility on Main Street and their intent to file a Notice of Intent for the next meeting. Ms. Becker and Ms. Messick stated that they have noticed dumping occurring on property at the end of Kirkland Street. The dumping appears to be clippings and yard debris. They stated that one of the areas appeared to have recent bulldozing activity on it and some debris may have been pushed over the embankment. They asked that letters be sent to the property owners asking for permission to enter the property to make inspections. They also asked that a letter be sent to the property management company of the office building at the end of Hunt Street where landscaping debris is being dumped in or near a resource area. Six Flags New England - The members then viewed the pictures that were submitted or an old amusement ride that appears to have sunk behind Six FIags New England. DEP had received a complaint of dumping in the River in this area. Mr. Kozloski responded Agawam Conservation Commission September 27, 2012 Page 3 and Six Flags personnel went and took pictures from the River. It appears to possibly be the old ferry that used to cross the River many years ago. The members viewed the photos and agreed it would be better to leave it as is because to get equipment down there to remove it will create much more harm to the environment. Pynchon Point—Mr. Kozloski showed the members photos that he had taken two weekends ago. The photos were taken on Friday, Saturday, Sunday and Monday. He stated that a barrel is needed at the end of the path and that he does not think that Mr. Bennett should have the path trimmed by the piece of power equipment that he referred to at the last meeting. He stated that he would contact Mr. Bennett to let him know. Ms. Becker stated that she will see him this weekend at the Westfield River clean up and will let him know as well. Mr. Kozloski also stated that he feels that picture signs would be a better option to post the regulations rather than a written sign as Mr. Bennett had suggested at the last meeting. 5. APPROVAL OF MINUTES — September 13, 2012 Motion was made by Ms. Messick and seconded by Ms. Becker to table approval of the September 13, 2012 meeting to the next meeting as they had not had a chance to review them yet. VOTE 5-0 The meeting adjourned at 7:15 PM. Agawam Conservation Commission August 23, 2012 Page 1 AGAWAM CONSERVATION COMMISSION August 23, 2012 MEMBERS PRESENT: —_ Henry A. Kozloski, Chairman Page Fallon Magda Galiatsos -` Jill Messick z ca -7 MEMBERS ABSENT: Sheryl Becker ALSO PRESENT: Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. REQUEST FOR DETERMINATION- 125 Woodside Drive-Cote Mr. and Mrs. Cote were in attendance to present this RDA for the installation of a 27' above ground pool and associated deck and pavers. This area is within the 100' buffer zone. Members held a site visit just prior to the meeting and agreed that a Negative Determination be issued. They did however ask that erosion controls be placed during construction and that some native species plants be planted behind the pool. A native wildflower mix was suggested. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to issue a Negative Determination of Applicability for Cote at 125 Woodside Drive with the condition that erosion controls be placed during construction and that native species plants be placed behind the pool (i.e. wildflower mix). VOTE 4-0 3. ENFORCEMENT ORDER UPDATES There was nothing new to report on the Robin Ridge or Nicole Terrace enforcement orders. Mr. Kozloski stated that he received a phone call that work has begun at the Optasite Tower site on Main Street. 4. REQUEST FOR EXTENSION-Mark Drive Langone The Commission has received two requests for extensions (Mark Drive and Silver Lake). The Permit Extension Act was created by Section 173 of Chapter 240 of the Acts of 2010 and extended by Sections 74 and 75 of Chapter 238 of the Acts of 2012. The purpose of this act is to promote job growth and long term economic recovery and the Permit Agawam Conservation Commission August 23, 2012 Page 2 Extension Act furthers this purpose by establishing an automatic four year extension to certain permits and licenses concerning the use or development of real property. This Act automatically extends, for four years beyond its otherwise applicable expiration date, any permit or approval that was "in effect or existence" during the qualifying period beginning on August 15, 2008 and extending through August 15, 2012. This four year extension is automatic, meaning it occurred by operation of law. Neither the permit holder nor the issuing agency needs to take action to implement the extension. Since the creation of the Act in 2008, the Commission has been "keeping a paper trail" by voting on and signing Extension Permits. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to extend the Order of Conditions for Lot 8 Mark Drive—Langone for four years in keeping with the Permit Extension Act to October 8, 2016. VOTE 4-0 The extension permit for Silver Lake will expire on October 2, 2012. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to extend the Order of Conditions for Silver Lake for four years in keeping with the Permit Extension Act, to October 2, 2016. VOTE 4-0 5. CORRESPONDENCES & COMPLAINTS Mr. Kozloski informed the members that he has scheduled a site visit for the following morning at 90 Edgewater Road to view a property where the homeowner would like to remove some small trees. Mr. Fallon agreed to accompany Mr. Kozloski on that site visit. The Commission received a proposed zoning amendment from the Planning Board regarding "definitions" and asked to provide any comments they may have for the Board's September 6 h public hearing. 6. APRPOVAL OF MINUTES —August 9, 2012 Motion was made by Mr. Fallon and seconded by Ms. Messick to approve the minutes of August 9, 2012 as written. VOTE 3-0-1 (Galiatsos abstained) 2. PUBLIC HEARING—Notice of Intent— Carr Avenue—Town of Agawam Michelle Chase, Town Engineer was in attendance to present this NOI. Members met at the site just prior to the meeting to view the area. Ms. Chase stated that this work is contained in the Town's FY 12/13 Roadway Maintenance Program. The entire length of Agawam Conservation Commission August 23, 2012 Page 3 Carr Avenue is scheduled to be reconstructed and the section of road at the culvert location will be raised to provide a minimum ground cover of 1.5' over the new pipes. There are currently two 30" CMP drainage culverts in this area that appear to have completely collapsed allowing only a small amount of water to currently flow through them. The resulting flooding will be relieved by removing the existing culverts and installing three new 30" HDPE drainage pipes in the same location. In addition, a reconstruction Nile Avenue will be performed at the same time as the work is done on Carr Avenue. She went on to explain that Carr Avenue and the associated culvert pipes divide two wetland areas. Surface water flows from the north wetland area to the south wetland area through the two existing drainage culverts. This area has a long history of flooding. She went on to say that the water main located underneath the existing culverts will be exposed and inspected during installation of the new culverts and if it is found to be broken or defective, it will be repaired or replaced as necessary. In order to minimize adverse impacts to the wetland areas due to erosion, the proposed work will be scheduled during a period of dry weather. Silt fences and/or haybales will be installed during construction and maintained wherever necessary to prevent sediment and/or construction materials from entering the wetland areas. Once completed all disturbed areas will be seeded with a conservation mix. She stated that no headwalls or riprap is proposed as the area is very flat. Mr. Kozloski suggested that rather than haybales or silt fences, they use silt sox. He went on to say that they could then use those silt sox along Nile Avenue when that work is being performed. The members agreed that once this work is completed letters be sent to the homeowners on Nile Avenue stating that no dumping is allowed in this area. A DEP file number has not yet been received for this project. The members agreed to continue the public hearing to next Tuesday at noon in hopes that a file number will be issued by then. This was done in an effort to expedite the permitting as the Town would like to do this work as soon as possible and the next regularly scheduled Commission meeting is three weeks away. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to continue the public hearing for the NOI by the Town of Agawam for Carr Avenue to the next Commission meeting. VOTE 4-0 The meeting adjourned at 7:00 PM. Agawam Conservation Commission August 9,2012 Page I AGAWAM CONSERVATION COMMISSION August 9, 2012 MEMBERS PRESENT: Henry A. Kozloski, Chairman Page Fallon G-) Jill Messick Mark Soticheck MEMBERS ABSENT: Sheryl Becker Magda Galiatsos Mr. Kozloski called the meeting to order at 6:30 PM. 1. REQUEST FOR DETERMINATION—MA. Veterans Memorial Cemetery— Main Street—MA Division of Capital Asset Management Simon Hilt of Tighe & Bond was in attendance to present this RDA. He explained that they are proposing to replace sidewalks and install drainage. No increase in impervious surface is proposed. The members met at this site just prior to the meeting. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue a Negative Determination for the replacement of sidewalks at the Veterans Memorial Cemetery on Main Street. VOTE 4-0 4. CORRESPONDENCE & COMPLAINTS The Commission received notification that the DPW is ready to correct the sewer break in the vicinity of Bondi's Island. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue an Emergency Order to the Agawam DPW for the work to correct the leaking/broken sewer pipe near Bondi's Island; requiring that the Town post notice at river access points stating no swimming or fishing if any sewage leakage occurs into the Westfield River. VOTE 4-0 5. APPROVAL OF MINUTES —July 26, 2012 Motion was made by Mr. Soticheck and seconded by Ms. Messick to approve the Minutes of July 26, 2012 as written. VOTE 3-0-1 (Kozloski abstained) Agawam Conservation Commission August 9, 2012 Page 2 2. REQUET FOR DETERMINATION---41 Richardson Place—Robert The members made a site visit prior to the meeting this evening. Mr. Robert proposes to construct a 10' x 20' addition to the rear of the house and it will be placed on sauna tubes. Mr. Kozloski stated that some sort of mitigation will be required and suggested that the applicant plant native species plants at the top of the embankment. Mr. Robert agreed to that. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue a Negative Determination for Robert on 41 Richardson Place, requiring that three to five native species plants be planted at the top of the stream embankment. VOTE 4-0 The meeting adjourned at 7.00 PM. Agawam Conservation Commission July 26, 2012 Page 1 AGAWAM CONSERVATION COMMISSION July 26, 2012 MEMBERS PRESENT: Jill Messick, Acting Chairperson Sheryl Becker Page Fallon Mark Soticheck MEMBERS ABSENT: Henry A. Kozloski, Chairperson Magda Galiatsos ALSO PRESENT: Pamela Kerr v - Ms. Messick called the meeting to order at 6:30 PM. 1. PUBLIC HEARING—Notice of Intent— Six Flags New England—culvert replacement John Furman of VHB, Inc. was in attendance to present this Notice of Intent. He - explained that this filing is a continuation of the Emergency Order that the Commission ' issued earlier for the bridge replacement on the road to the Grove. They had received Army Corps. Approval to branch the streambed with the new bridge and that they now have filed this NOI to remove the existing culverts. He stated that along with the bridge they have also added a security gate to control access. He went on to say that there are concrete siderails and decking on the bridge and that they have placed sandbags where the headwall was. They now would like to remove the culverts from the downstream side. There are two other items they would like to address with this filing: the removal of the gravel deposit that exists just downstream from the bridge which was caused by Hurricane Irene; and they would like to remove the invasive species (Japanese Knotweed) from the site. He explained that they will submit a plan on the invasive species removal. There was no public input this evening. The Commission closed the pubic hearing. The members then wrote the Order of Conditions. Motion was made by Mr. Soticheck and seconded by Ms. Becker to issue the Order of Conditions for Six Flags New England culvert replacement as written. VOTE 4-0 2. REQUEST FOR DETERMINATION---Adams Street—Paliy Mr. Paliy was in attendance this evening. Commission members met on-site with him just prior to tonight's meeting. He filed this RDA for the removal on the existing house Agawam Conservation Commission July 26, 2012 Page 2 at 116 Adams Street and construction of a new one. His plan also shows a proposed 30' x 30' garage within the 200' riparian zone. The proposed house is out of the riparian zone with the exception of a portion of the deck which is to be constructed on sauna tubes. During the site visit, the members agreed to the following additional work at Mr. Paliy's request: removal of large tree at the beginning of the existing farm road; removal of brush from back yard; removal of broken branches from large tree in clearing; and maintenance of the existing farm road (not to be widened). The members were in agreement that a Notice of Intent would be required for the proposed garage. Mr. Paliy stated that he would like to do some minor grading in that area at this time. He was informed that no work is to take place in the riparian zone, not even minor grading, until a NOI has been filed. Motion was made by Ms. Becker and seconded by Mr. Soticheck to issue a Negative Determination for Paliy on Adams Street for the following work: The removal of existing house at 116 Adams Street and construction of new house with deck on sauna tubes (as shown on plan submitted); removal of large tree by beginning of existing farm road (stump to remain); removal of brush from back yard; removal of broken branches from large tree in clearing; and maintenance of existing farm road (not to be widened). The proposed 30' x 30' garage and any other work in the riparian zone will require a Notice of Intent. VOTE 4-0 3. REQUEST FOR DETERMINATION— School Street—Town of Agawam Mike Liu of The Berkshire Design Group was in attendance this evening to present a revised delineation of the School Street property. He explained that Ward Smith revisited the site and made some minor alterations to the flagging of the isolated wetland. He also stated that since the last meeting there were discussions of continuing the wetland mapping beyond this area and it was agreed that the Town did not want to map the remaining land at this time. It was noted that the boundaries of the isolated wetland would not be approved by the Conservation Commission as they are considered federal wetlands. Motion was made by Mr. Soticheck and seconded by Mr. Fallon to issue a Positive Determination of Applicability for the School Street property owned by the Town of Agawam, approving the delineation of the bordering vegetated wetland(not the isolated wetland). VOTE 4-0 4. ENFORCEMENT ORDER UPDATES Optasite—Main Street—They have requested an extension of the Commission's Enforcement Order. They have received DEP approval for the work but must put it out r Agawam Conservation Commission July 26, 2012 Page 3 to bid and will not be able to meet the Commission's deadline. They requested an extension to the middle of September. Motion was made by Mr. Soticheck and seconded by Mr. Fallon to extend the Enforcement Order for Optasite Towers on Main Street to September 30, 2012. VOTE 4-0 There was nothing new to report on the remaining Enforcement Orders. 5. CORRESPONDENCE& COMPLAINTS Solar Facility— Shoemaker Lane — Mr. Fallon stated that he met with Vladimir of the Engineering Department at the site of solar facility being constructed. This on-site was set up by Ms. Kerr in response to a complaint that she received regarding the work taking place. One of the complaints was that the culvert under Shoemaker Lane appeared to be clogged. Mr. Fallon stated that the tree cutting is being done according to plan and is confined to the area within the silt fence; the culvert under the road was partially filled in on the upstream side but appeared o.k. on the downstream side. The Engineering Department has agreed to re-inspect the area after the next heavy rain. He went on to say that the representative from Toshiba (contractor doing the work) offered to clean up the upstream area(remove logs, boards, debris in stream). He stated he could pick up the debris from the outside of the silt fence. Mr, Fallon stated that he informed the gentleman that he could not give him that permission that he should contact the Commission as a whole. Emergency Order—Ramah Circle The Commission received notification through email from the Engineering Department of a sink hole on the edge of the pavement at the Credit Union parking lot on Ramah Circle. Ms. Messick signed an Emergency Order to allow for the DPW to make the needed repairs to the pipe under the parking lot which carries a stream. Motion was made by Mr. Soticheck and seconded by Ms. Becker to ratify the Emergency Order Ms. Messick issued for the Agawam DPW to correct a sink hole on Ramah Circle. VOTE 4-0 6. APPROVAL OF MINUTES—July 12, 2012 Motion was made by Ms. Becker and seconded by Mr. Fallon to approve the minutes of July 12, 2012 as written. VOTE 3-0-1 (Soticheck abstained) Agawam Conservation Commission July 26, 2012 Page 4 The Commission then wrote the Order of Conditions for Six Flags New England. A copy can be obtained from the Agawam Conservation Commission office or Town Clerk's office. Motion was made by Mr. Soticheck and seconded by Ms. Becker to issue the Order of Conditions for Six Flags New England culvert replacement as written. VOTE 4-0 The meeting adjourned at 7:40 PM. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Agawam computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Theodore Anthony -MA Div. of Capital Asset same return key. Management Name 1 Ashburton Place, 15t Floor �> Mailing Address Mailing Address Boston MA 02108 Cityrrown State Zip Code City/Town Stated Zip Code r 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: C__ Proj. No. XX, Contract No. XXX, Columbarium Sidewalk Reconstruction July 26- 2012'-, Massachusetts Veterans Memorial Cemetery Date Title Date Title Date 2. Date Request Filed: july 30, 2012 B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Replacement of deteriorated sidewalks and the installation of under-drains to manage high seasonal groundwater. Project Location: 1390 Main Street Agawam Street Address CitylTown K4 112 Assessors Map/Plat Number ParcellZot Number wpefarm2.dcc rev.12116/00 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5.The area andlor work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc•rev.12/15/00 page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cunt.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1.The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not after an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•rev.12115100 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatorylregulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by band delivery on ® by certified mail, return receipt requested on August 13, 2012 Date Date This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Appendix A) and the property owner(if different from the applicant) ❑ESignatures: C . ti August 9, 2012 Date wpaform2,doc•rev,12/15/00 Page 4 of 5 Agawam Conservation Commission July 12, 2012 Page I AGAWAM CONSERVATION COMMISSION July 12, 2012 MEMBERS PRESENT: Henry A. Kozloski, Chairperson Sheryl Becker Page Fallon ti Magda Galiatsos Jill Messick rC 1-4 - -_ MEMBERS ABSENT: Mark Soticheck Z Mr. Kozloski called the meeting to order at 6:30 PM. f. i 7'T 1. REQUEST FOR DETERMINATION CONT. —Country Rd. & Barn Rd. — Calabrese Heather Comee of Pioneer Environmental was in attendance. Since the last meeting members conducted a site visit with Ms. Comee to verify the wetland flagging. The stream is intermittent, even though it is listed as perennial, it was documented as being dry for four days, and the area was not in a drought at that time. No work is proposed for the property at this time. The properties are not in a floodplain. The resource areas confirmed are stream and bank. Steve Pilege, 76 Country Road, a direct abutter to these lots, was in attendance and spoke. He stated that he bought his house in 1976, it flooded badly one time 22 years ago. He is concerned about Mr. Calabrese filling in the low area on the lot next to him and adding to the possibility of flooding. He showed pictures of the area and stated that every three to four years the stream overflows its banks. He also stated that the groundwater in the area is very high and that many neighbors have water in their basements. The Commission members and Ms. Comee explained the process of a Request for Determination and stated that no work is planned on these lots at this time but that the abutters will be notified when something is proposed as a Notice of Intent would be required. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to issue a Positive Determination of Applicability for Country Road and Barn Road by Calabrese,verifying the wetlands as delineated. VOTE 5-0 2. REQUEST FOR DETERMINATION CONT. —School Street—Town of Agawam The Town's consultant, Berkshire Design Group, requested a continuance of this item to the next meeting. Agawam Conservation Commission July 12, 2012 Page 2 Motion was made by Ms. Messick and seconded by Ms. Galiatsos to continue the RDA for the Town of Agawam on School Street to the next meeting as requested by Berkshire Design Group. VOTE 5-0 3. ENFORCEMENT ORDER UPDATES—there was nothing new to report on the Enforcement Orders. 4. CORRESPONDENCE AND COMPLAINTS Mr. Kozloski stated that he issued an Emergency Order for the removal of damaged trees in Robinson Park. Motion was made by Ms. Galiatsos and seconded by Mr. Fallon to ratify the Emergency Order that Mr. Kozloski issued for the removal of damaged trees in Robinson Park. VOTE 5-0 Dick Bennett of the Agawam Beautification Committee was in attendance this evening to discuss Pynchon Point. He has been cleaning up this area and has observed fires, a lot of trash, lack of signs stating regulations for Park use, alcohol use, and lack of vegetation management. He suggests that a trash can be placed at the end of the path to alleviate the amount of trash being thrown onto the beach (perhaps can be emptied by the crew that maintains the School Street Park), new signage with clear language or icons about the rules for use and request that the Police patrol the Park after hours. The Commission members agreed to prepare a letter to send to the Mayor with copies to DPW, Police, Parks and Recreation asking for their cooperation with these matters in an effort to maintain the safety and integrity of this park. 5. APPROVAL OF MINUTES —June 28, 2012 Motion was made by Ms. Messick and seconded by Ms. Galiatsos to approve the minutes of June 28, 2012 as wmitten. VOTE 5-0 The meeting adjourned at 7:25 PM. Agawam Conservation Commission June 28, 2012 Page I AGAWAM CONSERVATION COMMISSION June 28, 2012 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Page Fallon Magda Galiatsos MEMBERS ABSENT: Jill Messick Mark Soticheck ALSO PRESENT: Deborah S. Dachos Pamela R. Kerr Mr. Kozloski called the meeting to order at 6.30 PM. , c 1. PUBLIC HEARING—Notice of Intent—44 Colonial Avenue—Benoit r— ry } Mr. Benoit was in attendance this evening. This Notice of Intent was filed for a prSWosed 940 SF addition to the rear of his existing home which is in the "riverfront". Ms. ::c Galiatsos stated that the Commission members had met at this site previously and determined that a Notice of Intent would be necessary. Erosion controls are showrgn the'.. plan. The Order shall contain a requirement that no work shall take place south of the driveway. 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 Town Clerk's office or the Commission's office. Motion was made by Ms. Galiatsos and,seconded by Ms. Becker to issue the Order of Conditions as written. VOTE 4-0 2. REQUEST FOR DETERMINATION—Robinson Park—NE Wild Flower Society This RDA was filed for the removal by hand of the invasive species Japanese stilt grass which has been found along the River in Robinson Park in Agawam and West Springfield. The vegetation will be removed by hand and taken back to their headquarters where it will be incinerated. This effort is being conducted throughout the state where is plant has been found. A workshop on this matter was held last night at Robinson Park by the N.E. Wild Flower Society at which some members of the Commission were in attendance. Agawam Conservation Commission June 28, 2012 Page 2 Motion was made by Ms. Galiatsos and seconded by Ms. Becker to issue a Negative Determination for the New England Wild Flower Society's removal of invasive species in Robinson Park. VOTE 4-0 8. CERTIFICATE OF COMPLIANCE— 138 Elizabeth Street Mr. Kozloski made this inspection and recommended that a Certificate of Compliance be issued. Motion was made by Ms. Becker and seconded by Ms. Galiatsos to issue a Certificate of Compliance on 138 Elizabeth Street. VOTE 4-0 7. APPROVAL OF MINUTES—June 14, 2012 Motion was made by Ms. Galiatsos and seconded by Mr. Fallon to approve the minutes of June 14, 2012 as written. VOTE 3-0-1 (Kozloski abstained) 5. ENFORCEMENT ORDER UPDATES Nicole Terrace—nothing new to report. Optasite Towers—DEP has issued a letter to proceed with the proposed work at this location. The work must be done within 30 days. This approval allows the applicant to complete the work required in the Commission's Enforcement Order. 6. CORRESPONDENCE AND COMPLAINTS Mr. Kozloski issued an Enforcement Order to the Town this week for town-owned property on Redwood Drive where trees have been pushed or have fallen into the floodplain and wetland and there is also evidence of dumping of stumps, chippings and tree debris in the buffer. Mr. Kozloski stated that it does not appear that this work was done by the Town, however they own the property. Motion was made by Ms. Galiatsos and seconded by Ms. Becker to ratify the Enforcement Order issued to the Town of Agawam on Redwood Drive. VOTE 4-0 3. REQUEST FOR DETERMINATION—Country Road and Barn Road Heather Comee of Pioneer Environmental was in attendance to present this RDA for a wetland delineation on two lots owned by Calabrese on Country Road and Barn Road. Mr. Kozloski stated that he and Ms. Galiatsos went to the site yesterday but could not see • f Agawam Conservation Commission June 28, 2012 Page 3 any flags. Ms. Comee stated that it has been flagged multiple times but the flags keep getting removed. She stated that the flags were along the top of the bank. She went on to say that she originally flagged the area as riverfront but then rechecked the site and found the stream was dry. Mr. Kozloski stated that this area was bulldozed a couple of years ago and an Enforcement Order was issued and then lifted once the owner restored the area. He stated that these lots contain drainage and gas easements. He asked if any floodplain is shown as he has seen evidence of flooding. Ms. Comee stated that it's not shown on the floodplain maps so she has shown floodplain. Mr. Kozloski stated that he has seen a 5' to 6' wide area that appears to flood. Ms. Comee stated that it would be within the mean annual high water mark. She also stated that she has videos and photos of the area. The members agreed to schedule a site visit with Ms. Comee for Tuesday, July 10`i' at 9:30 AM. Motion was made by Ms. Becker and seconded by Ms. Galiatsos to continue the Request for Determination for Calabrese on Country Road and Barn Road to the next meeting. VOTE 4-0 4. REQUEST FOR DETERMINATION—School Street—Town of Agawam Mike Liu of Berkshire Design Group was in attendance this evening to present this RDA for a wetland delineation for Phase II of the School Street Park. He stated that the area was flagged by Ward Smith and that a site walk was held with Commission members yesterday. He explained that there is bordering vegetated wetland on the east side and west side of the site with two isolated wetlands shown. He stated that the isolated wetlands are out Federal and out of the Commission's jurisdiction. Mr. Kozloski pointed out that the wetlands have not been flagged all the way to the ballfields and that area is no longer riverfront and could be used for the second phase of the Park(perhaps for walking trails). He stated that it is approximately two acres. Mr. Liu stated that area is not part of the scope at this time and has not been flagged. Ms. Dachos questioned whether the Federal isolated wetlands can be filled. Mr. Liu stated that he believes that Army Corps approval is needed for disturbance up to 5,000 sf and that beyond that number, a Water Quality Certification is needed. Ms. Dachos asked if he thought that filling it was "doable". Mr. Liu stated yes but that they would need to provide mitigation as well. Ms. Dachos stated that area is critical as it provides access from Corey Street. She suggested that the Commission continue this RDA so that she can discuss with Chris Sparks and the Mayor having the entire site mapped at this time. Mr Liu stated that he could have Ward Smith re-verify the isolated wetland boundaries. Mr. Kozloski suggested they look at the original delineation that was done for Phase I to view any changes. Agawam Conservation Commission .tune 28, 2012 Page 4 Motion was made by Ms. Galiatsos and seconded by Mr. Fallon to continue the RDA for the Town of Agawam on School Street to the next Commission meeting (July 12`h) VOTE 4-0 The meeting adjourned at 7:30 PM. r t Agawam Conservation Commission June 14, 2012 Page 1 AGAWAM CONSERVATION COMMISSION June 14, 2012 MEMBERS PRESENT: „a Jill Messick—Acting Chairperson ,M Sheryl Becker C „ `s Page Fallon Magda Galiatsos Mark Soticheck MEMBERS ABSENT: o T Henry A. Kozloski Ln cl rn ALSO PRESENT: Pamela R. Kerr Ms.Messick called the meeting to order at 6:30..PM. 1. PUBLIC HEARING—Notice of Intent—Colonial Avenue—Benoit There was an error in the legal advertisement for this hearing. It is being rescheduled for the following meeting(June 28t'). Motion was made Ms. Galiatsos and seconded by Mr. Soticheck to poSTone the public hearing for Colonial Avenue as it is being re-advertised for the June 28 meeting. VOTE 5-0 2. EMERGENCY ORDER(ratify)—Silver Lake Ms. Messick stated that she issued this Emergency Order. She explained that the Commission was notified by Jay Snow of Silver Lake Corp. of a brace on the dam that needs to be repaired. She stated that the Emergency Order allows them to lower the lake, make the necessary repairs and raise the lake level again. Motion was made by Ms. Becker and seconded by Ms. Galiatsos to ratify the Emergency Order issued on Silver Lake. VOTE 5-0 3. CERTIFICATE OF COMPLIANCE - 76 Tobacco Farm Road Mr. Kozloski had made this inspection earlier in the week and emailed the members that he recommended issue a Certificate of Compliance at this time. a Agawam Conservation Commission June 14, 2012 Page 2 Motion was made by Ms. Galiatsos and seconded by Mr. Soticheck to issue a Certificate of Compliance on 76 Tobacco Farm Road. VOTE 5-0 4. ENFORCEMENT ORDER UPDATES There was nothing new to report on the Enforcement Orders. Mr. Kozloski had emailed the members earlier in the week that he visited Nicole Terrace and found that the tree branches/debris had been removed but the wood chips had not yet been pulled back from the stream nor were plantings installed as was requested by the members. 5. CORRESPONDENCE & COMPLAINTS The members received another email from Jay Snow of Silver Lake Corporation requesting that they not have to re-advertise their upcoming treatment of the Lake. The upcoming treatment had been advertised in two newspapers as required but since the Lake was lowered to allow for repairs to the dam, the company performing the treatments of the Lake is not able to go ahead with the treatment that was scheduled. The members were in agreement that this is a requirement of the Order of Conditions and contains information on dates the use of the lake water is restricted and therefore must be adhered to. Mr. Soticheck asked what they are using to treat the lake. In researching the past notifications from Lycott on their treatments, they do not identify which algaecide they will be using. Motion was made by Ms. Becker and seconded by Mr. Soticheck that Silver Lake Corp. must re-advertise their proposed treatment of the Lake that had to be postponed due to necessary repairs to the dam and to request the MSDS sheets on the type of algaecide that they will be using and whether it is DEP/EPA approved. VOTE 5-0 The Commission received notification from MassDOT that the work under their Emergency Order for repair of a catch basin in River road, south of South Florida Drive has been completed. Ms. Messick suggested that a site visit be scheduled to view this work. 6. APPROVAL OF MINUTES—May 24, 2012 Motion was made by Mr. Soticheck and seconded by Ms. Becker to approve the minutes of May 24, 2012 as written. VOTE 5-0 The meeting adjourned at 6:50 PM. Agawam Conservation Commission May 24, 2012 Page 1 AGAWAM CONSERVATION COMMISSION May 24, 2012 MEMBERS PRESENT: Henry A. Kozloski, Chairperson Sheryl Becker S. Page Fallon Magda Galiatsos Jill Messick C= MEMBERS ABSENT: w' Mark Soticheck z ALSO PRESENT: �" = Deborah S. Dachos Pamela R. Kerr o Mr. Kozloski called the meeting to order at 6:30 PM. c,� t r►y 1. REQUEST FOR DETERMINATION—8 Independence Road—Mazurowski This RDA was filed for the removal of trees that were damaged during the October 2011 snowstorm. Mr. Kozloski has been to the site and viewed the damaged trees as well as Ms. Galiatsos. Motion was made by Ms. Galiatsos and seconded by Ms. Messick to issue a Negative Determination of Applicability for Mazurowski on 8 Independence Road, allowing for the stumps of the trees outside of the wetland to be grinded; and the owner shall notify the Conservation Commission 24 hours in advance of the work taking place. VOTE 5-0 2. FY 12/13 Chapter 90 Roadway Maintenance Plan—Agawam DPW Chris Golba, Superintendent of the Agawam DPW was in attendance to present the FY 12/13 Roadway Maintenance Plan which includes cold planing and resurfacing work on Adams Street from Suffield Street to Stream Crossing (5700'); Carr Avenue (1690'); Clover Hill Drive from North Westfield Street to Forest Hill Road(2450') ; Leonard Street from house#137 to River Road (2370'); and Nile Avenue (530'). He explained that the majority of the work involves sweeping of the street, adjustment of manhole and catch basin frames and covers, application of a tack coat immediately in advance of paving a new surface source of pavement and a new binder course of pavement at Nile Avenue. New culvert pipes will be installed at Carr Avenue and a Notice of Intent will be submitted for this work. He went on to say that all proposed street paving work will be done within the limits of the public way or property and, except for adjustments of Agawam Conservation Commission May 24, 2012 Page 2 driveway aprons and tree belts to meet the new pavement, within the confines of the traveled way. No widening, increase in impervious areas or storm water runoff is proposed. Motion was made by Ms. Messick and seconded by Ms. Galiatsos that the work included in the FY 12f 13 Chapter 90 Roadway Maintenance Plan does not require a filing with the Conservation Commission with the exception of the proposed work on Carr Avenue and Nile Avenue which will require a Notice of Intent. VOTE 5-0 Mr. Golba informed the Commission of a sewer break on the Westfield River near Bondi's Island. He explained that there are two lines that cross the River in this location and the break is on the other side of the River. He explained that it is a 10" line and it has been shut down at this time but they are still getting some backflow from Bondi's. He stated that EPA, DEP and the Board of Health have been notified. He also stated that an Emergency Order from the Conservation Commission will be needed however he does not know when the work will begin. He will notify the Commission when he is ready as an Emergency Order is only good for 30 days. He went on to say that the location is tough as it is very steep and may have to be accessed from a barge. He informed the Commission also that in the area of the blow off structure, a large tree has fallen on the vault and will need to be removed. Mr. Kozloski then asked Mr. Golba.if he would look into placing a trash barrel on Pynchon Point down by the river. He stated that many people fish in this area and a barrel is needed. Mr. Golba agreed to look into that. 3. CERTIFICATE OF COMPLIANCE—Lot 11 Elizabeth Street and Lot 38 Coyote Circle Mr. Kozloski agreed to make these inspections the following morning. Motion was made by Ms. Messick and seconded by Ms. Becker to issue Certificates of Compliance on Lot 11 Elizabeth Street and Lot 38 Coyote Circle based on a favorable inspection by a Commission member. VOTE 5-0 4. ENFORCEMENT ORDERS (updates) Optasite Towers, Main Street—nothing new to report—waiting for response from DEP. Nicole Terrace-- Since the last meeting, members met on-site with the homeowner and it was agreed that he will move the wood chips back from the stream approximately 10' to 15' and put in four to five native plants. Robin Ridge—Mr. Kozloski made a site visit this week and took pictures for the members to view. It was agreed that the Enforcement Orders on Lots 3, 4 and 5 be lifted f Agawam Conservation Commission May 24, 2012 Page 3 at this time as the work has been completed as required. The members agreed to keep the October 8, 2009 Enforcement Order in effect that went to the developers for work needed on the outlet. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to lift the Enforcement Orders on Lots 3, 4, and 5 Robin Ridge. VOTE 5-0 5. CORRESPONDENCE& COMPLAINTS Mr.Kozloski explained to the members that the emails that are being submitted on Kanawha Avenue are being forwarded to the Law Department as this matter is being handled by them. An Enforcement Order can be issued for the work once there is an agreement made and a plan has been submitted by the Engineering Department. Complaint—Cricket Road—Landscaping material being dumped possibly in an area subject to the protection. A site visit will be scheduled tomorrow. 6. APPROVAL OF MINUTES—May 10, 2012 Motion was made by Ms. Galiatsos and seconded by Ms. Messick to approve the minutes of May 10, 2012 as written. VOTE 5-0 Mr. Kozloski informed the members that he and Mr. Fallon met at the Pynchon Point parking lot with a representative of the Springfield Water and Sewer Commission this week. The work has been completed and the parking lot has been re-established. The meeting adjourned at 7:15 PM. . r Agawam Conservation Commission March 8, 2012 Page 1 AGAWAM CONSERVATION COMMISSION March 8, 2012 MEMBERS PRESENT: Henry A. Kozloski, Chairman -XW Sheryl Becker --; Magda G:aliatsos Lo Jill Messick a - Mark Soticheck 0 ALSO PRESENT: Deborah S. Dachos Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. REQUEST FOR DETERMINATION—Route 57—MassDOT Tim Meyer, Environmental Engineer for MassDOT District 2 was in attendance this evening to present this RDA for herbicide application along two ramps (159 and 75) on Route 57. He explained to the Commission that the Pesticide Regulations allow spraying of herbicides up to 10' from a wetland however the boundaries of the wetlands must be approved by the local Conservation Commission. Mr. Kozloski stated that at the Route 75 ramp there is a pond on the southwest corner and a stream on the northwest side. He also stated that there are wood duck boxes in the pond. Mr. Meyer stated that he was unaware of the wood duck boxes but will look for them. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue a Positive Determination of Applicability for the MassDOT's herbicide application on Route 57 approving the wetland delineation. VOTE 5-0 2. REQUEST FOR DETERMINATION—North Street Ext. -Kripakov The applicant was not yet in attendance. The members tabled this item to the end of the meeting. Motion was made by Ms. Messick and seconded by Ms. Becker to move item#2 to the end of the agenda as the applicant is not yet in attendance. VOTE 5-0 i Agawam Conservation Commission March 8, 2012 Page 2 6. DISCUSSION—APR Application—Barry Street—Sloane Ms. Dachos explained that she has researched the APR process since the last meeting. It is the Conservation Commission's charge to assist farmers with the APR process per the Department of Agricultural Resources (DAR). She stated that the Town hasn't received an APR application since 1999 and that the state requires the Town to contribute to the APR, usually 20%. There was discussion amongst the members on the possibility of applying for CPA funds to cover the Town's contribution. The members agreed that without knowing the APR value they did not feel comfortable supporting a 20% contribution and agreed to a 10%to 15% contribution if CPA funds are obtained. Motion was made by Mr. Soticheck and seconded by Ms. Messick to support the APR Application for Sloane on Barry Street and to agree to a 10%to 15% Town contribution if CPA funds are obtained. VOTE 5-0 3. PUBLIC HEARING—Amendment to Order of Conditions—Lot 3 Ridgeway Drive Ron Huot was in attendance to present a revised plan for Lot 3 Ridgway Drive. He explained that the only change proposed is to construct a larger house. The building envelope would not change and no changes to the approved grading are needed. Mr. Soticheck asked for the size of the proposed house. Mr. Huot explained that the original plan shows a 30' x 48' house and they are now proposing a 32' x 60' house. There was not public input. Motion was made by Mr. Soticheck and seconded by Ms. Messick to close the public hearing on the Amendment to the Order of Conditions for Lot 3 Ridgeway Drive. VOTE 5-0 The members then agreed to issue an Amended Order of Conditions referencing the new plan for Lot 3. Motion was made by Ms. Messick and seconded by Mr. Soticheck to issue an Amended Order of Conditions for Lot 3 Ridgway Drive. VOTE 5-0 4. PUBLIC HEARING—Notice of Intent—Florida Drive—Mansi Kate Bednaz of D.L. Bean, Inc. was in attendance as well as the homeowners, Mr. and Mrs. Mansi. Ms. Bednaz explained that this proposal is for a 508 sf addition to an existing home on Florida Drive that is in the 100 year floodplain. She stated that this proposed addition will replace an existing deck area and a portion of the existing Agawam Conservation Commission March 8, 2012 Page 3 driveway and that a filing with the Board of Appeals has been prepared as well. She explained that the foundation will consist of footings to support the finish floor which is to be located above the 100 year floodplain and that flood vents will be installed to allow the entire crawl space to flood. She went on to say that ground elevations under the structure will be maintained with the exception of the footings and that the vegetation will be removed and stone will be placed under the addition for better percolation rates. Compensatory storage will be provided at the rear of the parcel. Calculations were provided which show an excess of.3 cubic feet of flood storage between elevation 57.0 to 57.9. She stated that an area along the westerly property boundary is proposed to be excavated to compensate for the filled flood area and that excavation of soils will be conducted in a manner to minimize the disturbance of mature vegetation. If necessary, silt fence or haybales will be installed on the downhill side. Excavated and excess soils will be removed from the site. Mr. Kozloski asked what the finish floor would be. Ms. Bednaz stated it would be wood or composite material with an impermeable membrane under it. Mr. Kozloski stated that the Commission needs to know the soil types. He asked how big the vents would be. Ms. Bednaz stated 24"wide by 12"high. Mr. Kozloski asked if it would be possible to install a plastic dry well. Ms. Bednaz stated yes and that was a good idea. She went on to say that she does not have the soil types but could provide them at the next meeting. There was no public input this evening. Ms. Bednaz requested a continuance of the public hearing to the next meeting. Motion was made by Ms. Messick and seconded by Mr. Soticheck to continue the public hearing for Mansi on Florida Drive as requested to the next meeting (March 22nd) VOTE 5-0 S. DISCUSSION—WMECO —GSRP—Possible Amendments Rob Young of Burns and McDonnell and Jeff Martin of WMECO were in attendance this evening. Mr. Young stated that since construction has begun,the contractor has found that there is an area behind Rosati's and Berkshire Power that contains sandy soils and that after constructability reviews and environmental analyses it was determined in order to provide for a safer construction, they are now proposing to add another temporary access road at this location and enlarge the construction envelope. Based on soil conditions,they now plan to install an 11' x 72' steel casing for the structure foundations at 0140L and 1040R(South Agawam Junction). He went on to say that due to the size of this casing, construction trucks would not be able to navigate the access road into the work location due to dimensions of the turning angles as originally designed. To accommodate the larger trucks and the restricted work space, both the construction work pad and a new temporary access road through wetland W2-17 have been modified with a widening of the access road at the bottom of the slope to the wetland. He stated that these changes are in an area previously labeled"secondary impact area" and is requesting that the Commission allow for this technical revision under general condition#14 of the Amended Order of Conditions. The members had no issues with this request. Agawam Conservation Commission March 8, 2012 Page 4 Motion was made by Mr. Soticheck and seconded by Ms. Messick to approve a Technical Flan Revision as outlined in WMECO's March 8, 2012 request to Map Sheet 11 of 8 1 A dated March 2012; request approved under general condition 414 of the Amended Order of Conditions for WMECO's Greater Springfield Reliability Project(GSRP). VOTE 5-0 2. REQUEST FOR DETERMINATION—North Street Ext. —Kripakov The applicant did not attend the meeting however the members agreed to move forward with the Request as they had met on site with the property owner to view the area and discuss his plans to install a garden, a fence, and a possible shed in the future. A portion of this property is within the buffer zone to a wetland. Motion was made by Ms.Messick and seconded by Mr. Soticheck to issue a Negative Determination of Applicability for Kripakov on North Street Ext. VOTE 5-0 The Enforcement Order that was issued to Mr. and Mrs. Kripakov can now be lifted. Motion was made by Mr. Soticheck and seconded by Ms. Messick to lift the Enforcement Order issued to Kripakov on North Street Ext. VOTE 5-0 6. ENFORCEMENT ORDERS (updates) Robin Ridge—The members would like to schedule a site visit soon and asked for an update from the Law Dept. regarding the status of the Planning Board's vote to secure the bond. There was nothing new to report on the other Enforcement Orders. 7. CORRESPONDENCE& COMPLAINTS Mr. Kozloski informed the members that Mr. Tirone had cut trees on his North Street Ext. property that were damaged during the fall snowstorm but had not yet removed them. He now wants to go in there and cut up the trees for firewood. The members agreed that they should issue an Enforcement Order for the removal of the cut trees. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue an Enforcement Order to Tirone for the removal of cut trees on his North Street Ext. property, requiring that the work be done within seven days of receipt of the Enforcement Order and that no heavy equipment is to be used. VOTE 5-0 Agawam Conservation Commission March 8, 2012 Page 5 APPROVAL OF MINUTES --February 23, 2012 Motion was made by Ms. Messick and seconded by Ms. Becker to approve the minutes of February 23, 2012 as written. VOTE 5-0 The meeting adjourned at 7:50 PM. r 3.{ Agawam Conservation Commission March 22, 2012 Page 1 AGAWAM CONSERVATION COMMISSION March 22, 2012 MEMBERS PRESENT: - Henry A. Kozloski, Chairperson , Sheryl Becker S. Page Fallon -= Magda Galiatsos Jill Messick MEMBERS ABSENT: -' Mark Soticheck Mr. Kozloski called the meeting to order at 6:35 PM and introduced the new Commission member, S. Page Fallon. 1. PUBLIC HEARING CONT. —Notice of Intent—Florida Drive—Mansi Kate Bednaz of D.L. Bean, Inc. was in attendance. She explained that since the last meeting she conducted soil samples at the site as requested and provided the members with her findings. She stated that the soils were moderately well drained, sandy loam and that the provided good permeability. She then went over the Engineering Department's comments and explained that they have been addressed. She then stated that the Commission's suggestion regarding the addition of a dry well or drainage tiles around the foundation will be discussed by the owners and their builder. There was no public input. Motion was made by Ms. Messick and seconded by Ms. Becker to close the public hearing for Mansi on Florida Drive as there was no further public input. VOTE 4-0-1 (Fallon abstained) The Order of Conditions was written at the end of the meeting. 2. CHAPTER 6 1 B—365 Main Street--Mushy's Golf Center LLC Mr. Kozloski explained that the Town was notified by Mushy's Golf Center LLC that they want to remove approximately 544,500 sf of the Mushy's Golf Center property at 365 Main Street from Chapter 61B as the use is changing. The members discussed the Chapter 61 B process and were in agreement that the Town should not pursue this property under right of first refusal Motion was made by Ms. Messick and seconded by Ms. Becker to send a negative recommendation to the Mayor regarding the Chapter 6 1 B notification for 365 Main Street, Mushy's Golf Center LLC. VOTE 4-0-1 (Fallon abstained) Agawam Conservation Commission March 22, 2012 Page 2 3. ENFORCEMENT ORDERS (updates) There was nothing new to report on the Enforcement Orders with the exception of Tirone, North Street Ext. He notified the office that the trees he had cut have now been removed. Motion was made by Ms. Messick and seconded by Ms. Becker to lift the Enforcement Order issue to Tirane for his property on North Street Ext. VOTE 4-0-1 (Fallon abstained) 4. CORRESPONDENCE AND COMPLAINTS Mr. Kozloski stated that Mark Stinson of DEP forwarded a complaint they received regarding an 8"pipe that has been placed around the "fenced in pond"behind Heritage Hall East that she believes is emptying water into "protected wetlands". Mr. Kozloski went on to explain that the Commission received this same complaint last fall and the Engineering Department submitted a memo stating that the work was done by Springfield Water& Sewer as part of their replacement of damaged pipes under the River to ensure sufficient water supply for fire protection. He also stated that a representative of DEP is working with Springfield Water& Sewer on this project and that the pipe is to be removed in April when the work is complete. This information was forwarded to Mark Stinson of DEP. ' 5. APPROVAL OF MINUTES —March 8, 2012 There was a question on the motion to for the MassDOT Request for Determination. The minutes read that it was a positive motion. Mr. Kozloski stated that he would check with Ms. Kerr on the Request to be sure the appropriate motion was recorded in the minutes. Motion was made by Ms. Messick and seconded by Ms. Becker to table approval of the March 8, 2012 minutes to the next meeting. VOTE 4-0-1 (Fallon abstained) The members then wrote the Order of Conditions for Florida.Drive. A copy can be obtained from the Town Clerk's office or the Conservation Commission office. Motion was made by Ms. Messick and seconded by Ms. Becker to issue the Order of Conditions for Mansi, Florida Drive as written. VOTE 4-0-1 (Fallon abstained) The meeting adjourned at 7:35 PM. Agawam Conservation Commission March 22, 2012 Page 3 Agawam Conservation Commission May 10, 2012 Page 1 AGAWAM CONSERVATION COMMISSION May 10, 2012 MEMBERS PRESENT: Henry A. Kozloski, Chairperson Sheryl Becker Page Fallon Magda Galiatsos ]ill Messick Mark Soticheck ALSO PRESENT: Deborah S. Dachos Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. a .._. 1. REQUEST FOR DETERMINATION—Richardson Place—Robert -y Mr. and Mrs. Robert were in attendance. They submitted this RDA for the removal of uiv-A :T three small (6"to 8")trees that had been damaged in the October snowstorm. Mr. q -= Kozloski stated that he visited the site to view the damaged trees and it appears that the4 3, are approximately 20' from the stream(one being at the top of the stream bank). Ms. . Becker asked that they leave the stumps. Mr. Kozloski stated that there is plenty of vegetation on the bank. Ms. Galiatsos suggested that the stumps be ground. Mr. Robert agreed to that. Motion was made by Ms. Galiatsos and seconded by Ms. Becker to issue a Negative Determination of Applicability for Robert on Richardson Plan with the condition that the stumps of the three trees being removed be ground; the Commission shall be notified 24 hours prior to work taking place; and the area is to be stabilized. VOTE 6-0 2. ENFORCEMENT ORDER—Optasite Tower—Main Street Mr. Kozloski stated that DEP will be issuing their approval soon and will notify the Commission once is has. Robin Ridge—Mr. Kozloski stated that he went out the Robin Ridge subdivision today. He found that the culver had been installed under the driveway on the largest lot and that the area had been seeded. He did note and area of erosion in that location. He suggested that the Commission could possibly lift the outstanding enforcement orders in the beginning of June. A follow up site inspection will be held. Agawam Conservation Commission May 10, 2012 Page 2 Nicole Terrace—Mr. Kozloski issued this Enforcement Order for trees that were cut in the buffer zone in an area near an intermittent stream. Motion was made by Ms. Messick and seconded by Mr. Soticheck to ratify the Enforcement Order issued to Grechka on Nicole Terrace. VOTE 6-0 Mr. Grechka was in attendance this evening. This item was discussed again later in the evening. REQUEST FOR DETERMINATION—Federal Street—Baker Mr. Baker was in attendance to present this RDA for the placement of a shed with no foundation within riverfront area. An Enforcement Order had been issued for this work previously. Since then the applicant has purchased the lot behind him on Prince Lane(lot which Conservation Commission had previously denied an order of conditions). The Enforcement Order can now be lifted. .Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue a Negative Determination of Applicability for Baker on Federal Street. VOTE 6-0 Motion was made by Ms. Messick and seconded by Mr. Soticheck to lift the Enforcement Order issued to Baker at 64 Federal Street. VOTE 6-0 Mr. Baker then asked the Commission for permission to remove some brush and debris which includes damaged trees/limbs. He stated that he would like to rake the area also. Motion was made by Mr. Soticheck and seconded by Ms. Messick to re-open the Request for Determination for Baker on Federal Street. VOTE 6-0 Motion was made by Ms. Messick and seconded by Mr. Mark to have the Negative Determination of Applicability include the removal of damaged trees and brush from the rear of the property. VOTE 6-0 Enforcement Order—Nicole Terrace Agawam Conservation Commission May 10, 2012 Page 3 Mr. Grechka was in attendance and explained that he had cut dead trees on his lot(two were across his driveway from the October snowstorm) and he cleaned up the area. Mr. Kortoski stated that the Commission may require hirn to do some plantings to restore the area. He went on to say that the wood chips were placed right next to the intermittent stream. The members agreed to meet on-site with the owner the following Tuesday at 9:00 AM to view the area and determine if restoration will be required. 3. DISCUSSION—Tennessee Gas Pipeline Yearly Operation Plan and Five Year Vegetation Management Plan The Commission received notification of the TGP YOP and Five Year Vegetation Management Plan which included a map. The map was to show"sensitive areas". Also included with this correspondence was a letter from the Department of Agricultural Resources which states that the Commission must review this plan for accuracy in locating the sensitive areas. The plan that was submitted showed no "sensitive areas". Mr. Kozloski had researched this and found that the pipeline crosses ten streams in Agawam (three separate lines). A representative of TGP submitted plans to Mr. Kozloski of the pipeline locations. Upon discussion,it was agreed that the map submitted with the original correspondence must be revised to shorn the"sensitive areas"for the Commission to review for accuracy. It is not the Commission's responsibility to locate the sensitive areas but to review them. Motion was made by Ms. Messick and seconded by Mr. Soticheck to send a letter to Tennessee Gas Pipeline Co. stating that the map that was submitted with their Yearly Operation Plan and Five Year Vegetation Management Plan is inadequate for the Commission's review and request a new map be submitted showing the "sensitive areas" for the Commission's verification for accuracy. VOTE 6-0 4. CORRESPONDENCE& COMPLAINTS The Commission received an email today from MassDOT regarding a collapsed catch basin on River Road which is endangering travelling public and there may be potential resource area impacts if the culvert underneath has been compromised. Mr. Kozloski suggested that the Commission issue an Emergency Order for this work. Motion was made by Ms. Messick and seconded by Mr. Soticheck to issue an Emergency Order for MassDOT to replace a collapsed catch basin in River Road with a precast catch basin structure and if necessary, replace any collapsed or deteriorated sections of pipe; repave disturbed pavement and stabilize disturbed shoulder with loam and seed. VOTE 6-0 r , Agawam Conservation Commission May 10, 2012 Page 4 The Commission received an update from the Engineering Department regarding Kanawha Avenue. This matter is being handled through the Law Department at this time. Mr. Kozloski suggested that once a final plan has been agreed upon the Commission can issue an Enforcement Order for the work to be done. The members were in agreement with that. An email was sent by DEP regarding the proposed legislation regarding NHESP. Ms. Messick stated that she is opposed to the new legislation as it is not a solution. She feels there needs to be consistent guidelines. Motion was made by Ms. Messick and seconded by Mr. Soticheck to send a letter stating that the Commission is not in support of the new"attack" legislation regarding NHESP. (Ms. Messick will draft a letter for the Commission's review.) VOTE 6-0 APPROVAL OF MINUTES—April 12, 2012 Motion was made by Ms. Messick and seconded by Mr. Soticheck to approve the minutes of April 12, 2012 as written. VOTE 6-0 The meeting adjourned at 7:30 PM. Agawam Conservation Commission April 12,2012 Page I AGAWAM CONSERVATION COMMISSION April 12, 2012 MEMBERS PRESENT: Henry A. Kozloski, Chairperson S. Page Fallon Magda Galiatsos Jill Messick Mark Soticheck MEMBERS ABSENT: Sheryl Becker ALSO PRESENT: Deborah S. Dachos Pamela R. Kerr ; Mr. Kozloski called the meeting to order at 6:30 PM. N) - 1. REQUEST FOR DETERMINATION—Riverview Avenue—Gaudette Mr. Gaudette was in attendance to present this RDA for the removal of trees that were-- damaged during the October snowstorm and are endangering his house. There are alsp dead trees on the riverbank that he wishes to remove. The members made a site visit earlier in the week to view the trees. Ms. Galiatsos stated that the trees need to be cut as they do pose a danger. Mr. Gaudette stated that he would like to pile firewood at the top of the embankment as he will be using a wood stove in the winter. The members agreed that would be acceptable. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to issue a Negative Determination of Applicability for Gaudette on Riverview Avenue requiring that the stumps are to remain and the Commission is to be notified 24 hours in advance of the work starting and after completion of the work. VOTE 5-0 CORRESPONDENCES—The Commission received a letter from WMECO regarding a project change in Robinson Park which will result in a reduction of wetland impacts. The members agreed that no formal action was needed but asked that a letter be sent to WMECO acknowledging this project change. The Commission received an email from WMECO stating that the clean up work at the substation on Maple/Springfield Street will begin Monday morning. Agawam Conservation Commission April 12, 2012 Page 2 Also, the on-site for the mitigation site on South West Street(former Boglisch land) will be scheduled for some time in May. Enforcement Order—Federal Street—Baker Mr. Kozloski updated the members on this matter. The Form A (plan combining the two lots) has been approved by the Planning Board. A Request for Determination will submitted very soon. Complaint—Federal Street—Mr. Kozloski stated that a complaint was submitted regarding trees being cut within the riverfront area on the lot that the Baker's have purchased and combined with their own. He inspected and found one tree trunk had been cut and there was a pile of brush. He went on to say that what he saw was very minor and appeared to not be a recent activity. 10. APPROVAL OF MINUTES —March 8, & 22, 2012 Motion was made by Ms. Messick and seconded by Ms. Galiatsos to approve the minutes of March 8, 2012 as written. VOTE 5-0 Motion was made by Ms. Messick and seconded by Ms. Galiatsos to approve the minutes of March 22, 2012 as written. VOTE 5-0 6. REQUEST FOR EXTENSION---Order of Conditions— Springfield Street— Coyote Realty Mr. Lefebvre had requested a one year extension of this Order of Conditions (Wendy's) however the Governor's Permit Extension Act allows for a two year extension. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to extend the Order of Conditions for Coyote Realty on Springfield Street for two years. VOTE 5-0 7. CERTIFICATE OF COMPLIANCE— 50 Family Lane Inspections of the two Certificates of Compliance on the agenda have not yet been made. The members agreed to make these inspections Monday at 9:00 AM. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue a Certificate of Compliance on 50 Family Lane pending a favorable inspection by Commission members. VOTE 5-0 s Agawam Conservation Commission April 12, 2012 Page 3 CERTIFICATE OF COMPLIANCE— 175 Coyote Circle Motion was made by Mr. Mark Soticheck and seconded by Ms. Messick to issue a Certificate of Compliance for 175 Coyote Circle pending a favorable inspection by Commission members. VOTE 5-0 2. REQUEST FOR DETERMINATION—Castle Hills--Atrium Property Services The members had visited this site to view the area along the stream where there were damaged trees. Atrium would like to remove the trees that were damaged during the October snowstorm. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to issue a Negative Determination to Atrium Property Services for tree removal at Castle Hills. VOTE 5-0 8. ENFORCEMENT ORDERS (UPDATES) Optasite Towers—Main Street—Mr. Kozloski informed the members that the Engineering Department approved a plan today for area around the tower site. He recommended that the Commission issue an enforcement order for the implementation of this plan and include specific wording recommended by DEP. "Approval from Mass. DEP must be gained for any modifications to the landfill cover as described in ...."And reference the plan and correspondence approved by the Engineering Department. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to issue an Enforcement Order to Optasite Towers with the above referenced wording and requiring that the Commission be informed when DEP approval has been grated and require that the work take place within 30 days of issuance of approval; and the Commission shall be notified when the work has been completed for a follow-up inspection. VOTE 5-0 3. REQUEST FOR DETERMINATION—Autumn Street—Wojciechowski The members went out to this site to view the trees along the River bank that were damaged during the October snowstorm and are endangering the safety of the homeowners. They agreed that a Negative Determination be issued for this work. Motion was made by Ms. Messick and seconded by Mr. Soticheck to issue a Negative Determination of Applicability for Wojciechowski on Autumn Street,requiring that the Agawam Conservation Commission April 12, 2012 Page 4 stumps are to remain and the Commission shall be notified 24 hours prior to the start of work and then again at the completion. VOTE 5-0 4. REQUEST FOR DETERMINATION—Gunn Geary Lane—Conti This RDA was submitted for the removal of an existing deck and construction of a new room on the same footprint; and the construction of a small shed/garage at the rear of the site. The members had visited this site to view the area as there is a stream that runs through the back of the lot. Ms. Galiatsos stated that at the site visit the members agreed that erosion controls should be placed at the top of the embankment and felt that a silt sock would be the best technique. They also agreed that the vegetation be re-established as soon as the work has been completed. Motion was made by Ms. Messick and seconded by Mr. Soticheck to issue a Negative Determination of Applicability for Conti on Gunn Geary Lane, requiring that erosion controls (i.e. silt socks) are to be placed at the top of the embankment prior to work taking place and that the vegetation is to re-established as soon as the work has been completed. VOTE 5-0 5. PUBLIC HEARING—Abbreviated Notice of Resource Area Delineation (ANRAD)—Springfield Street—JK Real Estate Ryan Bianchetto of Allen & Major Associates, Inc. was in attendance to present this ANRAD. The Commission members walked this site in December to view the wetland flags which have now been placed on a plan. Mr. Bianchetto provided the Commission with a revised plan this evening as Mr. Kozloski had noticed an error in the wetland flag numbers (typo) of Note#8 on the plan originally submitted. Mr. Bianchetto then explained that the site contains riverftont and bordering vegetated wetlands. He went on to explain that flags Al through A9 are an intermittent stream and from A9 through A39 it is a perennial stream with associated riverfront. The plan shows the 100' and 200' riverfront areas as well as the 100' buffer zone to the bordering vegetated wetlands. The members were in agreement with the locations as shown on the plan. Motion was made by Mr. Soticheck and seconded by Ms. Messick to accept the ANRAD for JK ReaI Estate on Springfield Street as accurate. VOTE 5-0 Mr. Kozloski informed the members that work on Kanawha Avenue was been started by the Town. He recently spoke with the Town Engineer who informed him that they have cleaned out the existing pipe and hope to extend that pipe in the near future. She informed him that a plan will be submitted to the Commission. Mr. Kozloski suggested Agawam Conservation Commission April 12, 2012 Page 5 that the Commission could issue an Enforcement Order for this work. The members agreed to take no action this evening and to check on the status in two weeks. The meeting adjourned at 7:25 PM. Agawam Conservation Commission February 23, 2012 Page 1 AGAWAM CONSERVATION COMMISSION February 23, 2012 MEMBERS PRESENT: Henry A. Kozloski, Chairperson Sheryl Becker Magda Galiatsos Jill Messick MEMBERS ABSENT: Mark Soticheck ALSO PRESENT: Deborah S. Dachos , I. REQUEST FOR DETERMINATION—Route 57—MassDOTZit Tim Meyer of MassDOT District 2 requested that this item be continued to the next o Commission meeting. - Motion was made by Ms. Messick and seconded by Ms. Galiatsos to continue the Request for Determination by MassDOT for herbicide application on Route 57 to March 8, 2012, as requested by the applicant. VOTE 4-0 Motion was made by Ms. Messick and seconded by Ms. Becker to amend the order of the agenda. VOTE 4-0 2. DISCUSSION &VOTE—APR Application—Barry Street—Sloane John Sloane was in attendance along with this representative, Rob Levesque. Mr. Levesque explained that Mr. Sloane has been working with the NRCS in applying for an Agricultural Preservation Restriction(APR) on his approximately 99 acre family farm at 792 Barry Street. During this process a wetland violation was identified: a portion (approximately 20,000 SF) of a bordering vegetated wetland was cleared for an expansion of an agricultural field. He went on to say that he has spoken with David Paulson of NHESP and will be filing with them as well and that they would like some type of monumentation (or trees)placed to mark the wetland boundary so that no fixture disturbance occurs there. He then stated that he has spoken with Dave Foulis at DEP who suggested that the Commission not issue an Enforcement Order at this time until all agency issues have been resolved as an Enforcement Order cannot be open-ended. r Agawam Conservation Commission February 23, 2012 Page 2 Motion was made by Ms. Messick and seconded by Ms. Galiatsos to table the violation on the Barry Street property by Sloane to the next meeting. VOTE 4-0 Mr. Levesque then stated that Mr. Sloane would like to proceed with an APR Application on the farm. Mr. Kozloski stated that this is an excellent opportunity for the Town to save a great piece of open space. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to support the concept of an APR on the Sloane property on Barry Street. VOTE 4-0 Ms. Dachos stated that it has been quite a while since the Town participated in an APR application and that she would gather more information for the Commission for their next meeting. The members agreed to discuss this again at their March Sa'meeting. VOTE 4-0 3. REVISED PLAN—Lot 3 Ridgeway Drive Ron Huot was in attendance this evening to present a revised plan to the Commission for Lot 3 Ridgeway Drive on which there is an existing Order of Conditions. He explained that his client is changing the building envelope size and everything else will be the same (i.e. retaining walls; grading). Motion was made by Ms. Messick and seconded by Ms. Galiatsos to allow for the proposed changes to the building envelope on lot 3 Ridgeway Drive through an Amendment to the Order of Conditions rather than requiring a new Notice of Intent. VOTE 4-0 A public hearing on this amendment will be scheduled for March S, 2012. 4. REQUEST FOR EXTENSION—Order of Conditions—Bondi's Island—City of Springfield Covanta, on behalf of the City of Springfield, has requested a three year extension to the Order of Conditions for the landfill. The members agreed that this is an ongoing project and that a three year extension would be appropriate. Motion was made by Ms. Messick and seconded by Ms. Becker to extend the Order of Conditions for the landfill at Bondi's Island for three years as requested. VOTE 4-0 k Agawam Conservation Commission February 23, 2012 Page 3 5. CERTIFICATE OF COMPLIANCE—46 Hunter's Greene Members visited this site recently and agreed to issue a Certificate of Compliance. During the site visit they found that debris and trash had been placed over the embankment at the rear of the parcel. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to issue a Certificate of Compliance on 46 Hunter's Greene Circle and to send a letter to the property owner asking her to attend a Commission meeting to discuss the violation at the foot of the slope next the stream. VOTE 4-0 2. ORDER OF CONDITIONS - Phase II Sewers—Town of Agawam Members reviewed the draft Order that was prepared with their input. They agreed to change #40 to require an annual report no later than October 30'h of each year(rather than December 30''). Also, they added a new condition that two DEP #signs shall be placed at the Pine Street and Barry Street Still Brook crossings. Motion was made by Ms. Messick and seconded by Ms. Becker to issue the Order of Conditions for the Phase II Sewers by the Town of Agawam as written. VOTE 4-0 6. ENFORCEMENT ORDERS —North Street Ext. (ratify) Mr. Kozloski issued this Enforcement Order for work taking place in the 100' buffer zone on North Street Ext. Since issuing it, a site visit was held with the property owners and they have submitted a Request for Determination that will be advertised for the next meeting. Motion was made by Ms. Messick and seconded by Ms. Becker to ratify the Enforcement Order issued to Kripakov on North Street Ext. VOTE 4-0 Optasite Tower—Main Street—Mr. Kozloski stated that he met with the Town Engineer and the applicant's engineer last week and a new plan is being prepared for submittal. Federal Street—Mr. Kozloski stated that the homeowner is now proposing to purchase the lot behind him and combine it with his existing parcel. Once that is done, the Commission can review a Request for Determination of Applicability for the placement of the shed. A letter will be sent to the property owner explaining this. f Agawam Conservation Commission February 23, 2012 Page 4 Kosak Court Motion was made by Ms. Messick and seconded by Ms. Becker to ratify the Enforcement Order Mr. Kozloski issued on Kosak Court for work in a resource area. VOTE 4-0 Since the issuance of the Enforcement Order, members met on-site with the homeowner. She is not proposing any additional work and had only removed a tree damaged during last fall's snowstorm. The members agreed to lift the Enforcement Order. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to lift the Enforcement Order issued to Cressotti on Kosak Court and to send her a letter stating that she is allowed to maintain the Swale on her property but that if she feels any further tree cutting in the resource area is necessary for the protection and safety.of her house that would require a filing with the Conservation Commission. VOTE 4-0 Correspondences The owner of 53 Autumn Street has contacted the Commission for permission to remove a tree on the river bank behind their home. Mr. Kozloski stated that he has been out to the site and found that the tree is badly damaged and if it falls it will cause major damage to the river bank. He recommended that an Emergency Order be issued. The members were in agreement with him. Motion was made by Ms. Messick and seconded by Ms. Becker to issue an Emergency Order to Thompson, 53 Autumn Street to allow for the removal of the damaged tree on the river bank, with the stump to remain and all debris to be removed from the riverftont area. VOTE 4-0 9. APPROVAL OF MINTUES —January 26, 2012 Motion was made by Ms. Galiatsos and seconded by Ms. Becker to approve the minutes of January 26, 2012 as written. VOTE 4-0 The meeting adjourned at 7:25 PM. Agawam Conservation Commission January 26, 2012 Page 1 AGAWAM CONSERVATION COMMISSION January 26, 2012 MEMBERS PRESENT: Henry A. Kozloski Sheryl Becker ,4 Magda Galiatsos ' Jill Messick SO Mark Soticheck cv MEMBERS ABSENT: Fred Harpin N `o ALSO PRESENT: .i Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. PUBLIC HEARING CONT. —NOI—Pine, Barry, South Westfield Streets— Town of Agawam Melissa Coady and Dave Popielarzyk of Tighe and Bond were in attendance as well as Chris Goldba, DPW Superintendent. Ms. Coady explained that the plans have been revised to address comments they received at the last meeting. She stated that at the Barry Street pump station they have moved the building 10' east;provide a row of plantings to "soften the view" ; and a temporary stockpile area is shown which after construction will be removed and graded out for a stormwater basin. She stated that all work at this location will be within the buffer zone. At the both the Pine Street pump station and the Barry Street pump station she stated that they have added notes to the effect that the contractor will be held to the limits as shown on the plan(erosion and sedimentation barriers). She explained that sheet 8 has been revised to show an increase in the construction easement to allow for the contractor to maneuver. Also, details were added for the stacked trench boxes to be used. Mr. Kozloski stated that the Commission will want a detailed plan submitted for the brook crossings. Ms. Coady agreed to that. She went on to explain that sheets 32 and 33 which involve the Pine Street reconstruction have been revised at 4220 Pine Street as water flows down that driveway and the original design would have created ponding. She stated that they have modified the grading in this area on the west side of the road and included a deep sump catch basin. Mr. Kozloski stated that the Commission received a copy of a letter to the DPW Superintendent from an abutter at 140 Pine Street regarding erosion around a pipe under the road. Chris Gold stated that he received that letter and will provide a copy to Tighe and Bond for their review. Ms. Messick pointed out that there is a smh cleanout in the buffer zone on sheet 6 and asked if it could be moved out of the buffer zone. Mr. Popielarzyk stated that this is similar to a regular manhole and will allow the town to connect to it and flush out the line if needed. He went on to say that due to connections Agawam Conservation Commission January 26, 2012 Page 2 to the force main,the smh cleanout must be at this location. Ms. Messick asked how long they anticipate a stream crossing to take. Ms. Coady estimated one to two weeks and that the banks will be restored before flow is restored. Ms. Messick asked if this was proposed to be done during low flow. Ms. Coady stated yes. Mr. Kozloski stated that low flow is hard to determine on a calendar and suggested that they not only look at an extended weather map but also monitor the stream to check the elevation now to determine the current level of flow and then it would be easier to determine low flow. There being no further questions or input from the public, the Commission closed the public hearing. The Order of Conditions will be written at the next meeting. 2. PUBLIC HEARING—Amendment to Order of Conditions—WMECO-- GSRP Rob Young of Burns and McDonnell and Jeff Martin of WMECO were in attendance this evening to present this request for an Amendment. Mr. Young explained that changes to access road routes, crane pad sizes and locations have been determined to be needed by the construction contractor since the clearing activities have taken place. More specifically, the changes are as follows: a change in the amount of secondary wetland impacts in wetlands.WI-11, W2-20, and W2-29; a change in the amount of temporary impacts associated with crane pads in wetlands W1-10, W1-11, W2-24 and W2-26; and a change in the amount of temporary impacts associated with access roads in wetlands W 1- 10, W1-11, W1-13, W1-16, WI-16A, W1-18, W2-20, W2-22, W2-24, W2-25, W2-26 and W2-29. Mr. Young explained that these changes will result in a net reduction of temporary impacts to bordering vegetated wetlands as compared to the estimates in the original NOI filing. He further explained that these changes will result in an increase in the calculated permanent impacts due to the installation of distribution structures not previously quantified and secondary impacts (conversion of cover type). The members viewed the plans that were submitted for these revised work areas and no concerns were voiced. There being no input from the public, the Commission closed the public hearing. The Amended Order of Conditions was written at the end of the meeting. A copy can be obtained from the Town Clerks office or the Conservation Commission office. 3. REQUEST FOR EXTENSION—Silver Lake Corp. Kevin McKiernan of Silver Lake Corp. was in attendance this evening to answer any questions on their request for extension. Mr. Kozloski explained that this Order is covered under the Governor's Permit Extension Act and therefore the Commission can issue a two year extension. Motion was made by Mr. Soticheck and seconded by Ms. Messick to extend the Order of Conditions for Silver Lake Corp. for two years. VOTE 5-0 Agawam Conservation Commission January 26, 2012 Page 3 Mr. McKiernan asked the Commission once again to enforce the recommendations in the Silvdr Lake Corp.'s Dam Inspection Report. Mr. Kozloski explained that he checked with DEP and that is out of the Commission's jurisdiction. He suggested they contact DCR who requires the inspections. He also informed Mr. McKiernan that per DEP if all of the trees that were damaged in the October snowstorm have not been removed by the end of January, a Request for Determination must be submitted. 4. ENFORCEMENT ORDERS—updates There was nothing new to report on the Enforcement Orders. The members asked that letter be sent out to the Optasite representatives stated that a final revised plan shall be submitted within fourteen days. 5. APPROVAL OF MINUTES —January 12, 2012 Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to approve the minutes of January 12, 2012 as written Mr. Kozloski stated that item#2 on page 3 was confusing as it references a new stream crossing. The members agreed it was accurate based on the consultants' previous presentation. VOTE 4-0-1 (Messick abstained) 6. EMERGENCY ORDER— Six Flags NE--Main Street John Furman of VHB was in attendance as well as Chuck Davis of Six Flags New England. Mr. Furman stated that a site visit with Commission members was held at the end of last fall regarding the culvert washout on the road to the Grove. He explained that a letter was received by the Agawam Fire Chief stating that they support the issuance of an Emergency Order for this work to ensure emergency access as this is the only roadway to access the grove area. Mr. Furman stated that the area frequently floods and that they have put some fill and steel plates in for a temporary fix. He stated that there are currently three 48"culverts and that in talking with DEP and the Army Corps of Engineers, it has been determined that the replacement will be a clear span bridge, occupying the relatively same footprint as the current culvert crossing. He provided a plan this evening showing the proposed disturbance area. He stated that while they are working on the final details of the proposal, he understands that an Emergency Order is only good for thirty days. He asked that the Commission issue an Emergency Order in two to three weeks. He went on to say that they will also be paving the road from the new bridge to Main Street and will eradicate the Japanese Knotweed that is growing there. He also stated that this work needs to be done by the end of March. Mr. Soticheck asked what the width of the crossing will be. Mr. Furman stated that it will be approximately 16' wide which is the same width that exists. He stated that he will keep the Commission informed as the details progress. 1 Agawam Conservation Commission January 26, 2012 Page 4 7. PRE-CONSTRUCTIONCONFERENCE—Shoemaker Lane and Main Street Solar Facilities-Rivermoore Citizens Ben Axelman and Brian Morrissey of Rivermoore Citizens was in attendance as well as Dan Nitsche of GZA Environmental and Briony Angus of Tighe and Bond. Also included in this conference by telephone was the contractor who will be doing the work. Mr. Kozloski read through the Order of Conditions for both projects. Both Orders require a planting plan be submitted after the cutting has taken place and is to be approved by the Conservation Commission. Ms. Messick brought up the letter that was submitted today regarding the inverter pad being moved on the Shoemaker Lane site. Dan Nitzsche explained that the inverter pad is being moved to an area outside of the Commission's jurisdiction. He explained that the Building Inspector approved the revised location. Mr. Kozloski stated no amendment would be needed for that change in location. Mr.Nitzsche then stated that they have received a permit from MassDOT for cutting a clearing along the area near Route 57 on their Shoemaker Lane site. He stated that they anticipate work commencing on these projects in March or April of this year. The members then wrote the Amended Order of Conditions for the WMECO GSRP. A copy can be obtained from the Town Clerk's office or the Conservation Commission office. Motion was made by Ms. Becker and seconded by Ms. Galiatsos to issue the Amended Order of Conditions for the WMECO GSRP project as written. VOTE 5-0 Mr. Kozloski stated that the Commission received a letter from the property management company for the building at the end of Hunt Street stating that they had trees damaged during the October snowstorm that they are removing. They are aware this work must be completed by the end of January. The meeting adjourned at 7:50 PM. T Agawam Conservation Commission January 12, 2012 Page 1 AGAWAM CONSERVATION COMMISSION January 12, 2012 MEMBERS PRESENT: Henry A. Kozloski, Chair Sheryl Becker Magda Galiatsos Mark Soticheck MEMBERS ABSENT: Fred Harpin Jill Messick ALSO PRESENT: Pamela R. Kerr Mr.Kozloski called the meeting to order at 6:30 PM. 1. REQUEST FOR DETERMINATION—South Westfield Street—Soldiers On Veterans Village 11 Brett Kamienski of SK Design Group was in attendance this evening to present this Request for Determination of Applicability. The property contains the former Training Academy. Commission members walked the site previously and found no wetlands. l e closest bordering vegetated wetland is over 100' to the south of the site. Mr. Kamienz did submit a revised plan this evening that shows the drainage swale along the front o la the property now labeled as "non jurisdictional road drainage swale". Ms. Galiatsos stated that was agreed upon at the site visit. There was no public input this evening. Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to issue a Negativo n zi Determination of Applicability for the Soldiers On Veterans Village 11 on South rn Westfield Street. VOTE 4-0 Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to amend the order of the agenda. VOTE 4-0 6. ENFORCEMENT ORDER UPDATES Robin Ridge—nothing new to report. Optasite Towers—Main Street—Mr. Kozloski informed the members that the Engineering Department submitted comments/concerns on this plan but has not yet gotten a response. Agawam Conservation Commission January 12, 2012 Page 2 Federal Street—Baker—Mr. Baker submitted a letter to the Commission stating that his intention is to purchase the property behind him and locate the shed on that property. The Enforcement Order was issued as a result of him placing a shed on his existing property that was within the Riverfront Area and no filing had been submitted. His later states that he will submit a Notice of Intent for the shed once the sale has been finalized. 7. APPROVAL OF MINUTES —December 8, 2011 Ms. Galiatsos pointed out that there was an error in a motion(contained wrong name). Mr. Kozloski stated that error was found and corrected already. Motion was made by Ms. Galiatsos and seconded by Ms. Becker to approve the minutes of December 8, 2011 with the one noted correction. VOTE 4-0 8. CERTIFICATE OF COMPLIANCE—Taylor Rental—Springfield Street Mr. Kozloski explained that this Order of Conditions was for the construction of the storage units at Taylor Rental. The property is now being sold. The Commission received a letter from the seller's attorney outlining which buildings were constructed (3 of the 12 approved) and states that it is their intent to not construct the remaining buildings. This Order of Conditions has expired to therefore no further work is allowed under it. Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to issue a Partial Certificate of Compliance for the storage units that were constructed at Taylor Rental, based upon the January 12, 2012 letter from Attorney Bradford Martin, Jr. VOTE 4-0 5: EMERGENCY ORDER—Town of Agawam—Witheridge Street (ratify) Mr. Kozloski stated that Mr. Harpin had issued this Emergency Order for a water main washout that resulted in an exposed sewer main. Motion was made by Ms. Becker and seconded by Mr. Soticheck to ratify the Enforcement Order issued to the Town of Agawam DPW for work at the end of Witheridge Street. VOTE 4-0 6. CORRESPONDENCES Agawam Conservation Commission January 12, 2012 Page 3 Kevin McKiernan of Silver Lake Corp. was in attendance to discuss his letter to the Commission regarding trees that had fallen or were damaged daring the snowstorm in October. He stated that they were able to remove some of the damaged trees but are asking for an extension `through the winter months"to remove the remainder of the trees. Mr. Kozloski explained DEP's policy and that the work must be completed by the end of January. He stated that he will contact DEP regarding this request. Mr. McKiernan then stated that there is a large amount of sedimentation in the gabion rock wall and they feel that this is being caused by the WMECO work. Mr. Kozloski stated that they can schedule a site visit to view the area. Representatives of WMECO were in attendance this evening and met with Mr. McKiernan on this matter. Mr. McKiernan stated that the basket needs to be replaced. He went on to say that they have an existing Order of Conditions which may need to be extended. He will submit a request for extension. He then provided the Commission with a copy of a Dam Inspection Report that Silver Lake Corp. had prepared. He went on to say that one of the recommendations in this report is that some trees must be removed from the vicinity of the dam but some are not on Silver Lake's property. He asked that the Commission enforce this recommendation. Mr. Kozloski stated that DEP licenses the dams and the Commission may not have jurisdiction over this. Ms. Galiatsos suggested that DEP be consulted on this matter. 2. PUBLIC HEARING—Notice of Intent—Phase II Sewers—Town of Agawam —Pine, Barry and South Westfield Streets Melissa Coady and Dave Popielarzyk of Tighe and Bond were in attendance this evening to present this Notice of Intent. Also in attendance was Chris Goldba, Superintendent of Department of Public Works. Ms. Coady explained that the work will take place on Oakmont Place, Tannery Road, Spruce Circle, Pine Street, Bradford Drive, Barry Street and South Westfield Street. She stated that two pump stations are proposed with this phase of the project and two crossings of Still Brook are shown. She stated that the sequence of construction would be the installation of Coffer dams, dewatering, construction and then restore and backfill the areas. The banks will be restored as well as the slope and BVW at the Barry Street crossing. Also associated with this project is approximately 1,100 linear feet of roadway reconstruction on Pine Street. This work will entail cut and fill to somewhat level out a section of Pine Street that is currently dangerous. Revised stormwater calculations were submitted per the test pit results. At the Pine Street pump station the road crosses Still Brook, a new crossing will be constructed just upstream from this existing crossing. She explained that this work will include de-watering, coffer darn installation, temporary bypass areas above the floodplain, erosion control mats and then seed with a dry mix and moist mix. She stated that they will also replace the dogwoods that will need to be removed. Mr. Kozloski asked how deep the line would be in this area. Ms. Coady stated that there will be 2.5' of cover between the bottom of the stream and top of pipe. Dave Popielarzyk stated that the pipe will be approximately 14' below ground and there will be a trench support system in place. Mr. Kozloski asked where they will stockpile the soils during construction. Ms. Coady stated that there will be a temporary materials stockpiling area which will have haybales and geotextile fabric in place. She went on to say that the area is limited and Agawam Conservation Commission January 12, 2012 Page 4 they may have to haul some of the material away as it is a very tight work area. Mr. Kozloski then asked what work would be done first; the sewer line or the pump stations. Mr. Popielarzyk stated that there are two different contracts but they will hopefully happen concurrently. He stated that it would be hard to say which project would be done first. Ms. Coady stated that the Barry Street pump station detail shows an area for stockpiling and shows an infiltration basin. She then went through the plan sheets where the wetlands are located. Sheet 5 shows a large wetland with an unnamed stream east of the road and west of the culvert. Erosion controls are shown. Sheet 8 shows a pond on the west side of the road with an estimated boundary. She stated that the work in this area is entirely within the roadway. Sheet 11 shows the Barry Street pump station and associated infiltration basin. She stated that there will be 35.1' of BVW impacts at this location and that restoration will be the same as the Pine Street pump station. Mr. Kozloski asked if the road would need to be closed for this work. Mr. Popielarzyk stated yes, the road would likely be closed. Ms. Coady then stated that at the end of Tannery Road there is a BVW and that erosion and sediment controls will be placed around all inlets. Mr. Kozloski stated that he is concerned with the proposed brook crossings and would like more information on them. Ms. Coady explained that the details are usually left up to the contractor however they must perform the work within the confines of the environmental permits. Mr. Kozloski stated that he does not agree with that and wants more details. Mr. Kozloski then asked for any public input. Peter Clark, 20 Wintergreen Lane, Westfield stated that he is concerned with the Pine Street pump station and the wetland to the east. He asked for more details on this location. Ms. Coady outlined this area once again and Mr. Clark was satisfied. John Podgorski, 131 Barry Street asked how far away the pump station would be from his property. Ms. Coady stated that the building will be approximately 3 5' from the property line. Mr. Podgorski asked if this could be moved further from him. Ms. Coady stated that during the design, their intent was to keep it as far away from the wetland as possible and the wetlands are approximately 40' from the edge of the building. Mr. Popielarzyk stated that the building will be 20' x 25' and that they could look into moving it further from the Podgorski property. A verbal request for extension to the next meeting was made. Motion was made by Mr. Soticheck and seconded by Ms. Becker to continue the public hearing on the NOI for the Phase II sewers to January 26t' as requested by the applicant's representative. VOTE 4-0 3. REVISED STORMWATER REPORT - WMECO Robert Young of Burns and McDonnell was in attendance this evening to discuss the Revised Stormwater Report that was prepared for the area near the substation. He explained that the revisions are minor and will result in improvements to surface water and grading. These changes, per DEP, are being proposed as a solution to a breach at this Agawam Conservation Commission January 12, 2012 Page 5 site last year. Mr. Kozloski stated that he contacted DEP on how to handle this and was told that the Commission could require an Amendment to the Order of Conditions or could approve the revisions under condition#19j in the Order of Conditions. Ms. Becker felt that she needed more time to review the document. Mr. Soticheck stated that he didn't feel the. Order needed to be amended. Mr. Kozloski reminded the members that these changes are in the area that they viewed last year where the problems occurred and DEP required them to come up with a solution. Motion was made by Mr. Soticheck and seconded by Ms. Becker to accept and approve the Revised Stormwater Report for the WMECO GSRP project under condition 19j of the Order of Conditions. VOTE 4-0 4. REVISED WORK AREAS— WMECO—GSRP Mr. Young of Burns and McDonnell then briefed the members on revised work areas. He explained that once construction began changes in access roads and crane pad locations were evident. He stated that the temporary impacts from the project have been reduced to 4,000 SF. He has requested that the Commission allow for these changes through an amendment to the Order of Conditions rather than requiring a new Notice of Intent. Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to allow for the revised work areas associated with the WMECO GSRP through an Amendment to the Order of Conditions rather than a new Notice of Intent. VOTE 4-0 7. CORRESPONDENCES Joe Tirone submitted letters to the Commission requesting an extension to the end of January for the removal of trees that were damaged during the October snowstorm on his Federal Street and North Street Ext properties. Mr. Kozloski stated that this would be in keeping with the DEP guidelines/policy on the October snowstorm. Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to allow Mr. Tirone an extension to the end of January to remove trees from his Federal Street and North Street Ext properties that were damaged during the October storm. VOTE 4-0 Mr. Kozloski informed the members that he sent a letter to the owner of the property on North Westfield Street near the Pride Station regarding the tree cutting that took place informing them that a filing with the Conservation Commission will be necessary for any w Agawam Conservation Commission January 12, 2012 Page 6 further work. He explained that the letter was sent to the owner on record at the Town who Mien contacted the office to say that he no longer owns the land. The new property owner was then sent the same letter. Ms. Becker informed the members of tree cutting that is taking place at the end of Hunt Street in an area that appears to be riverfront. Mr. Kozloski stated that he has tried to investigate this but could not see any activity from the road and could not go on private property. He stated that he sent a letter to the owner of the property informing them that they must file with the Conservation Commission for any work in that area. The members then set up a site visit at Castle Hill for the following Tuesday at 10:00 AM at the request of the management company. The meeting adjourned at 7:45 PM. Agawam Conservation Commission September 8, 2011 Page 1 AGAWAM CONSERVATION COMMISSION September S, 2011 n MEMBERS PRESENT: Henry A. Kozloski, Chairman us Sheryl Becker } Magda Galiatsos Jill Messick rn Mark Soticheck—6:40 PM 3� MEMBERS ABSENT: Fred Harpin ALSO PRESENT: Deborah S. Dachos Pamela R. Kerr Mark Stinson, DEP Circuit Rider Mr. Kozloski called the meeting to order at 6:30 PM. l. REQUEST FOR DETERMINATION—Heritage Woods—Cooper Street Norman Hill of Land Planning, Inc. was in attendance to present this Request for Determination of Applicability regarding the parking lot expansion at the dialysis center that is part of the Heritage Woods complex. He explained that they are proposing an increase of 37 parking spaces and additional stormwater management facilities. No work is proposed within 100 feet of a wetland that all work is outside of the 100' buffer. He stated that the existing drainage facilities associated with the dialysis center and built last year appear to be wetlands but are not. Silt fences are shown on the plan. Ms. Galiatsos asked whether the existing drainage facilities are wet now due to the rain or are they wet all year? Mr. Hill stated there are hydric soils on the site and that since April he has visited this site four or five times and it has been wet. Ms. Messick asked how the edge of parking lot would be treated. Mr. Hill stated there will be a berm and drainage will be routed through swales to sediment forebay and across an infiltration trench and into water quality swales before it reaches the detention pond. He explained that there will be no increase in runoff to the existing detention pond. Mark Stinson of DEP asked if the delineation was new. Mr. Hill stated that he flagged it in the Spring and it basically followed the original flagging for the dialysis unit—nothing had changed. Motion was made by Ms. Galiatsos and seconded by Ms. Messick to issue a Negative Determination of Applicability for the parking lot expansion at Heritage Woods and that the existing stormwater management facilities at the site do not constitute a wetland now or in the future. VOTE 4-0-1 (Soticheck abstained) SCANNED ?1?d�C�-� Agawam Conservation Commission September S, 2011 Page 2 2. PUBLIC HEARING CONT. —Wright Street—Nardi The applicant's representative requested that this item be continued to the next Commission meeting as they are still working with DEP and have not yet received a file number. Mark Stinson of DEP was in attendance and explained to the Commission why a file number hasn't been issued. He supplied copies of aerial photos ranging from 1997 to 2009 which show riverfront and bordering vegetated wetland disturbance. There was a brief discussion regarding the Enforcement Orders that the Commission had issued on this property in the past few years to the current property owner. Mr. Kozloski stated that at that time the owners indicated that they were farming the property and were raising pigs. Mr. Stinson stated that even agricultural purposes require Notices of Intent for work in the 100' riverfront area. He further stated that a profit must be shown to indicate a commercial purpose. He concluded by saying that his superiors at DEP are still looking at the site and he is hopeful a file number can be issued in the near future. Motion was made by Ms. Messick and seconded by Ms. Becker to continue the public hearing for the Notice of Intent on Wright Street to September 22, 2011 as requested by the applicant's representative. VOTE 5-0 3. CERTIFICATE OF COMPLIANCE—Cooper Street—Heritage Woods This request for Certificate of Compliance is for the recent dialysis addition to Heritage Woods. Mr. Kozloski stated that he made a site visit with the Engineering Department. A memo was sent to the Commission from Engineering stating that they are satisfied with the work as completed. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to issue a Certificate of Compliance for the dialysis addition to the Heritage Woods building on Cooper Street. VOTE 5-0 4, ENFORCEMENT ORDERS —updates Robin Ridge—Mr. Kozloski stated that he visited this site today. The owners of lot 2 will be installing the silt fence and swale soon and the detention basins needs much work (trees and bushes growing in it). The members agreed to schedule a site visit for the following Tuesday at 10:00 AM and asked that the Engineering Department be notified as well. Main Street—Drenzek— The Commission voted at the last meeting to lift this Enforcement Order pending a favorable site visit by a member. Mr. Kozloski stated that he has looked at the property and the Enforcement Order can now be lifted. ' y t Agawam Conservation Commission September 8, 2011 Page 3 Optasite Towers—Main Street--Ms. Kerr stated that she received a call today from Dean Gustafson of VHB and was informed that Optasite will be submitting a written schedule early next week on submitted the requested information. 5. CORRESPONDENCES/COMPLAINTS Mr. Kozloski informed the members that John Furman of VHB contacted the office today regarding a culvert under the gravel road that leads to the Grove at Six Flags. During the recent rains the culver was damaged by flood waters and is under water at this time. The members set up a site visit for the following morning at 11:00 AM to view the area. 6. APPROVAL OF MINUTES - August 25,2011 Motion was made by Ms. Messick and seconded by Ms. Gaiiatsos to approve the minutes of August 25, 2011 as written. VOTE 5-0 The meeting adjourned at 8:00 PM. r `fir Agawam Conservation Commission July 29, 2011 Page 1 AGAWAM CONSERVATION COMMISSION July 28, 2011 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Magda Galiatsos Fred Harpin Jill Messick Mark Soticheck ALS PRESENT: Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. 6:30 PM—PUBLIC HEARING—Notice of Intent—Wright Street—Nardi Mr. Kozloski opened this public hearing and explained that the applicant's representative submitted a letter requesting a continuance of this hearing to the next meeting. Motion was made by Ms. Messick and seconded by Mr. Soticheck to continue the public hearing for Nardi on Wright Street to the next meeting as requested by the applicant's y� representative. r MID v VOTE 6-0Cn cc� N Motion was made by Mr. Harpin and seconded by Mr. Soticheck to amend the order of the agenda. 3t;, VOTE 6-0 rn 4. PUBLIC HEARING CONT. —Notice of Intent— School Street and River Road--bike loop—Town of Agawam The Commission received revised NOI information to address DEP's comments and also a response from NHESP. There was no public input this evening. The Commission closed the public hearing. The Order of Conditions was written later in the meeting. 5. ENFORCEMENT ORDER Updates There was nothing new to report on the Enforcement Orders. Agawam Conservation Commission July 28, 2011 Page 2 8, APPROVAL OF MINUTES --July 14, 2011 Motion was made by Ms. Messick and seconded by Mr. Soticheck to approve the minutes of July 14, 2011 as written. VOTE 4-0-2 (Soticheck& Harpin abstained) 9. RATIFY EMERGENCY ORDER—Robinson Park Mr. Kozloski explained that the original Emergency Order was set to expire. He re- issued another Emergency Order which needs to be ratified this evening. The Order covers work needed for tree removal as a result of the June l 5t tornado. He stated that the work is almost complete at this time. Motion was made by Mr. Soticheck and seconded by Ms. Messick to ratify the Emergency Order issued to DCR(Robinson Park). VOTE 6-0 The members then wrote the Order of Conditions for the bike loop on School Street and River Road. A copy can be obtained from the Town Clerk's office or the Conservation Commission office. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to issue the Order of Conditions for the Town of Agawam bike loop on School Street and River Road as written. VOTE 4-0-2 (Harpin & Soticheck abstained) 6. Correspondence/complaints The Commission received a letter from the developer of Robin Ridge Estates requesting an extension to the Order of Conditions. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to extend the Order of Conditions for Robin Ridge Estates for one year. VOTE 6-0 The members agreed that a site visit should be scheduled with the developer to go over the outstanding enforcement order issues. Motion was made by Mr. Harpin and seconded by Ms. Messick to add the continued public hearing for Columbia Gas (this hearing was continued from the last meeting). . y Agawam Conservation Commission July 28, 2011 Page 3 VOTE 6-0 The Commission received a response from NHESP on this project. There being no public input, the Commission closed the public hearing and wrote the Order of Conditions for sediment sampling in the Connecticut River. A copy can be obtained from the Town Clerk's office or the Conservation Commission office. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to issue the Order of Conditions for Columbia Gas as written. VOTE 6-0 2. PUBLIC HEARING—Notice of Intent— Shoemaker Lane—Rivermoor- Citizens Rte 57 LLC John Tourtelotte of Rivermoor, William Morrissey of Ciiizens Energy and Eric Nelson of Westmass Area Development Corp. were in attendance this evening as well as Dan Nitzsche and Steve D'Ambrosio of GZA Environmental. Mr. Nitzsche explained that this is a 13.1 acre site on Shoemaker Lane and is part of the Agawam Regional Industrial Park. He stated that the Planning Board approved the Site Plan for this proposed 1.7 megawatt solar voltaic facility last week. He went on to explain that the NOI was filed as there is a wetland located at the northeast corner of the site with an existing stream crossing which will be utilized as the entrance for this facility and work associated with it involves buffer zone only. The wetland delineation was approved in 2008 through an ANRAD. He stated that the drainage will remain the same pre and post. A perimeter gravel maintenance road is shown around the site with the exception of the area behind the residences on Cesan Street. He went on to say that a vegetated buffer will be provided along the Cesan Street residences and that it is their intent to keep as many of the mature trees as possible. In areas where the trees will be removed along the Cesan Street side, a planting plan has been proposed with arborvitae, oaks, dogwoods, etc. The entrance road will be paved up to the proposed 10' x 10' maintenance building and the remainder of the road will be gravel. He explained that the vegetation management area between the chain link fence and the gravel road will be maintained so that the vegetation does not grow over 10' high. The area between the wetland and gravel road will be kep to 16' to 22' high. Mr. Harpin asked if a 5' chain link fence was enough for the site. Mr. D'Ambrosio stated that the chain link fence is 4' along Shoemaker Lane, 6' high along the Cesan Street lots to the north east corner; and there is an existing 5' chain link fence along Route 57 which will remain. Mr. Harpin asked how the site would be maintained. Mr, D'Ambrosio stated that the panels will be 6' high in the back and 2.5' high in the front; the vegetation will be mowed once per month or when it hits 10". Ms. Messick asked for the width of the entrance road and existing crossing. Mr. D'Ambrosio stated that the entrance road is 18' wide,the existing crossing is 25'wide. He added that they are hoping to do the site clearing in the Fall and their target date for completion is by the end of the year. Ms. Galiatsos asked if the site would be seeded first and then the panels installed. Mr. Nitzsche stated yes and that it will be seeded with a rye mixture. Mr. Agawam Conservation Commission July 28, 2011 Page 4 Harpin suggested they hydroseed. Ms. Galiatsos stated that her concern would be whether the seed would take prior to the winter and whether there would be erosion problems. Ms. Becker asked if there would be increased run off post construction. Mr. D'Ambrosio stated that drainage calculations were submitted to the Engineering Department and the runoff post construction will actually be a little less as the dense grass (now sparse) will slow the runoff down. Ms. Messick asked about proposed grading. Mr. Nitzsche stated that they will be maintaining the existing drainage pattern. Mr. Kozloski asked what percentage of trees they propose to cut in the vegetation management area. He went on to say that a lot of those trees are 60' or higher. Mr. Nitzsche stated that they can't"top"trees that large and that anything over 22' would be removed. Mr. Kozloski suggested that the Commission put in the Order of Conditions that a planting plan be submitted for the vegetation management area which would have to be approved by the Commission after an on-site after the cutting. Mr. Nitzsche agreed with that and stated that they will probably propose native shrubs or dwarf species. Ms. Messick asked if any work was proposed to the existing culvert. Mr. D'Ambrosio stated no. Ms. Becker asked if any herbicides would be used. Mr. Nitzsche stated no. Mr. Kozloski then asked for any public input. Ann Robblee, 887 Shoemaker Lane stated that she is very concerned that the water table will change with the tree removal on this site. She went on to say that since the construction of Route 57 her water table has risen; a new drainage system had to be installed; and her foundation cracked. She stated that the water table on her land is still very high. Mr. Nitzsche stated that it is very unlikely that there will be a large impact to the water table as the proposed dense vegetation will slow the runoff. Ms. Galiatsos stated that the Conservation Commission-would be concerned with any effects on the wetland and whether it would dry up. Mr. Kozloski stated that this wetland used to extend under Route 57 would it was trenched when the highway was built. He went on to say that DEP issued a Superseding Order of Conditions on Route 57 and it was out of the Commission's hands. Sandy Preevy, 907 Shoemaker Lane stated that Phylo Brook runs next to her house and that if it goes any higher it will go into her cellar. Mr. Nitzsche stated again that the proposed seed mix will contain some deeply rooted grass and there should not be any adverse effects on the brook or wetland. Ms. Messick stated that this land is zoned industrial and there are many allowed uses that could have been placed here which would have included a building, parking lot and roadway. That, she stated, would have created much more impervious area and runoff from the site that this proposal with which the site will be grass with a gravel roadway. Robert Preevy, 907 Shoemaker Lane asked what their recourse is if the brook changes or its flows increase. Mr. Kozloski explained that the Engineering Department reviews these plans and drainage calculations and that it has been his experience in cases such as this that area will dry quicker with the trees being removed and the runoff to the wetland Agawam Conservation Commission July 29, 2011 Page 5 may decrease. Mr. Nitzsche stated that the site will be mowed with a brush hog and it is not their intent to create a lawn. Mike Lynch, 925 Shoemaker Lane asked how many panels would be located there. Mr. D'Ambrosio stated 6,000. Mr. Lynch questioned whether the proposed plantings would screen the site totally. Mr. Nitzsche stated that during the fall and winter there will be no leaves on the trees and that some arborvitae will be planted. Robert Preevy, 907 Shoemaker Lane asked if the catch basins exist. Mr. D'Ambrosio stated yes. Mr. Kozloski suggested that straw waddles be placed around the catch basin to prevent sediment getting in them. He stated that he finds that to be more effective as the filter fabric needs to be cleaned regularly to work properly. There being no additional public input, the Commission closed the public hearing. The Commission then wrote the Order of Conditions for Rivermoor on Shoemaker Lane. Motion was made by Mr. Harpin and seconded by Ms. Galiatsos to issue the Order for Rivermoor as written with the deletion of two items. requirement for de-con station at entrance to site and removal of panels from the buffer zone. VOTE 3-3 (Messick, Soticheck & Becker opposed) There was further discussion among the members regarding the two items in question. Mr. Harpin stated that he does not feel that a de-con station is necessary at this site as the plan shows a"rumble strip" area for the truck tires to travel over and lose some of the dirt on them. He stated that with the abutters concerns this evening regarding additional water or drainage from this site he does not support the need to wash every truck before it leaves the site. He stated further that if the members wanted panels removed from the buffer zone they should have informed the applicant of that during the public hearing process, not at the time of voting on the project. Ms. Galiatsos stated that she did not see a need for a de-con station at the site. Mr. Kozloski stated that as far as the panels being in the buffer zone,that is allowed and he would not support moving them at this time. He also stated that he does not see the need for a de-con station at this site. After a lengthy discussion, Mr. Soticheck agreed that the two items in question be removed from the Order as he had written them in. Motion was made by Mr. Harpin and seconded by Ms. Galiatsos to issue the Order of Conditions for Rivermoor on Shoemaker Lane as written, minus the two items discussed above (de-con station and removal of panels from buffer zone). VOTE 5-0-1 (Soticheck abstained) 3. PUBLIC HEARING—Notice of Intent—River Road—Kanesgberg Agawam Conservation Commission July 28, 2011 Page 6 Mr. Kozloski opened this public hearing and explained that the applicant's representative requested that this hearing be continued to the next meeting. Motion was made by Ms. Messick and seconded by Ms. Becker to continue the public hearing for the Notice of Intent for Kanesgberg on River Road to the next meeting as requested. VOTE 6-0 The meeting adjourned at 8:05 PM. Agawam Conservation Commission July 14, 2011 Page 1 AGAWAM CONSERVATION COMMISSION July 14, 2011 MEMBERS PRESENT: ram-- Henry A. Kozloski Chairman Sheryl Becker 3 Magda Galiatsos a =6 Jill Messick N n C� MEMBERS ABSENT: Fred Harpin Mark Soticheck ALSO PRESENT: Deborah S. Dachos Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. PUBLIC HEARING CONT.--Notice of Intent—South Street—Herzog Joseph Petronino of Environmental Services was in attendance as well as the applicants, Susan and Tom Herzog. Mr. Petronino explained that as a result of a Commission site visit last week, they have proposed additional mitigation on the site. They now are proposing to remove the yard and grass clippings and re-establish the area; provide a"no mow"zone approximately 20' from the stream bank; remove the existing chain link fence; and remove the stump that exists and re-establish that area. Mr. Kozloski suggested that they also provide low bush plantings on the embankment. The Herzog's agreed to that suggestion. They have a public hearing with the Historical Commission on July 27 h regarding their demolition permit. There being no public input, the Commission closed the public hearing. The Order was written at the end of the meeting. 2. PUBLIC HEARING CONT. —Notice of Intent— School Street—Town of Agawam John Dietrich and Rich Bertolli of Fuss&O'Neal were in attendance this evening. He went over the comments from DEP. The first comment was that the Commission shall wait 30 days for a response from NHESP (endangered species). The second comment is in regards to the stream at station 53-50 and the boundaries that were approved under the School Street Park NOI and the fact that at that time it did not appear perennial. Mr. Kozloski stated that later on in the meeting the Commission will be voting on a Certificate of Compliance for the School Street Park and that stream is intermittent. Comment#3 was that the Commission carefully review the retaining wall work along Agawam Conservation Commission July 14, 2011 Page 2 r School Street and its proximity to the BVW line. Comment#4 is a correction to be made on the plan by removing the reference to the 200 Foot Riverfront Buffer as there is no such resource area. Comment #5 requires a table of cut and fill. Mr. Bertolli explained that information has already been submitted. Comment#6 asked for additional information on the work proposed at station 53+50. Mr. Bertolli explained that no additional work is proposed on that bank or culvert. Comment#7 asks for additional details on the work at station 58+00 as it appears that a point source discharge will be replaced and would trigger the requirement for a stormwater report for that point source. Mr. Bertolli explained that pipe drains the wetland at the School Street Park, not just roadway drainage. He went on to say that the 42" CMP is regulated and is not a point source discharge. Mr. Kozioski agreed with that. Mr. Bertolli then suggested that they move the catch basin in this area and add a deep sump. The members agreed that would be better. There was no public input this evening. The Commission continued the public hearing for two weeks as a response from NHESP has not yet been received. 3. PUBLIC HEARING—Notice of Intent—AMEC —The Connecticut River Steve Herzog of AMEC and Russell Johnson of Columbia Gas were in attendance this evening to present the Notice of Intent for the collection of sediment samples from the Connecticut River as part of an environmental assessment. Mr. Herzog stated that the only resource area disturbance will be to land under water and the work will take place south of the South End Bridge. He went on to say that the work will not be within 100' of a shore line and therefore no abutters were notified. NHESP received a copy of the NOI but a response has not yet been submitted. Ms. Messick asked if there would be any public notification when the work will be taking place. Mr. Herzog state no, not typically. He went on to say that the work be done from a motor boat. The Commission continued the public hearing for two weeks as a NHESP response has not yet been received. 4. PUBLIC HEARING CONT.—Mark Drive—Langone Joseph Petronino of Environmental Services was in attendance this evening as well as Mr. Langone. Mr. Petronino submitted a revised plan this evening which shows concrete monuments being placed at the 10 V contour line; additional plantings of five apple trees and one tree is to be moved for the placement of the driveway. He went on to say that all excavated material will be trucked across the street to lot 10 to be stockpiled. Mr. Kozloski brought up the November, 2010 Engineering Department comments, one of which is the request for drainage calculations for the dry well. Mr. Petronino stated that the dry well has been installed and that the soils are very sandy. There being no further questions or input from the public, the Commission closed the public hearing. The Order was written at the end of the meeting. 5. REQUEST FOR EXTENSION—Optasite Towers—Main Street Agawam Conservation Commission July 14, 2011 Page 3 The tower owner, SBA, has requested a one year extension to the Order of Conditions. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to extend the Order of Conditions for Optasite on Main Street for one year as requested. VOTE 4-0 b. ENFORCEMENT ORDERS (updates) Robin Ridge—nothing new to report, however, the Order of Conditions will expire in August. Main Street - Drenzek—nothing new to report. South West Street---Town of Agawam—Mr. Kozloski stated that he made a site visit today and found that the work has been completed. He recommended that the Enforcement Order now be lifted. He also stated that the work under the Emergency Order has been completed as well. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to lift the Enforcement Order issued to the Town of Agawam for work on South West Street. VOTE 4-0 S. APPROVAL OF MINUTES —June 23, 2011 Motion was made by Ms. Messick and seconded by Ms. Becker to approve the minutes of rune 23, 2011 as written. VOTE 4-0 7. Correspondences and Complaints The Commission received a request for a Certificate of Compliance on the School Street Park. Mr. Kozloski made the inspection and recommended that a Certificate be issued. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to issue a Certificate of Compliance on the School Street Park. VOTE 4-0 Mr. Kozloski stated that there are grass clippings in the detention pond and the gate is not locked. The members agreed to send a letter to Chris Golba and Chris Sparks informing them of this matter. Mr. Kozloski then explained that he issued an Emergency Order on 82 Joanne Circle for the removal of trees that came down in the recent heavy rainstorm. He stated that trees had fallen on the pool and part of the house. There were also several trees on the edge of Agawam Conservation Commission July 14, 2011 Page 4 the buffer zone that needed to come down. He marked which trees he allowed the owners to take down. That next day he received a call that the work had been completed. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to ratify the Emergency Order issued for 82 Joanne Circle. VOTE 4-0 The Commission then wrote the Order of Conditions for Herzog on South Street. A copy can be obtained from the Town Clerk's office or the Conservation Commission office. Motion was made by Ms. Messick and seconded by Ms. Becker to issue the Order of Conditions for Herzog as written. VOTE 4-0 The Commission then wrote the Order of Conditions for Langone on Mark Drive. A copy can be obtained from the Town Clerk's office or the Conservation Commission office. Motion was made by Ms. Messick and seconded by Ms. Becker to issue the Order of Conditions for Langone on Mark Drive as written. VOTE 4-0 The meeting adjourned at 7.45 PM. CA Agawam Conservation Commission June 23. 2011 Page 1 AGAWAM CONSERVATION COMMISSION June 23, 2011 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Magda Gaiiatsos Fred Harpin Mark Soticheck MEMBERS ABSENT: Ln-y3 Jill Messick cra n rn 3 ALSO PRESENT: Deborah S. Dachos Pamela R. Kerr CD rn Mr. Kozloski called the meeting to order at 6:30 PM. 1. PUBLIC HEARING—Notice of Intent—South Street—Herzog Joe Petronino of Environmental Services prepared this NOI and was in attendance along with the homeowners, Tom and Susan Herzog. Mr. Petronino explained that the Herzog's would like to demolish their existing hoarse on South Street and rebuild on the same property in a different location. The property contains wetlands, riverfront and floodplain. Besides the existing home, there are two barns, a shed, a pavilion and a gazebo on the site. One shed will remain and the pavilion and gazebo will be relocated. The two barns will be demolished. The existing home is approximately 15" from the road and the new home will be located further away from the riverfront area. The work under this NOI is considered"redevelopment". He stated that part of the proposed mitigation will be to let the rear yard grow into a meadow(it is presently a mowed lawn) and the existing chainlink fence will be removed. Also, they are proposing twelve native plantings at the top of the bank and the work envelope will be seeded in with a native mix. They would like to build the new home first and live in the existing home while the work is being done. DEP issued comments and a file number. A check list for evaluating riverfront redevelopment projects was also provided by DEP. Mr. Petronino stated that he has prepared a response to the DEP comments and will provide a copy to the commission. Mary Roncalli-Langone—Mark Drive asked if this property contains wetlands or riverfront area. Mr. Kozloski stated both and that this is a redevelopment project Upon discussion, the members agreed to continue the hearing to the end of the meeting to determine if a site visit will be made. Agawam Conservation Commission June 23, 2011 Page 2 Motion was made by Mr. Soticheck and seconded by Ms. Becker to continue the public hearing for 21 South Street to the end of the meeting. VOTE 5-0 2, PUBLIC HEARING - Notice of Intent— School Street—Town of Agawam Rich Bertoli and Dan Buttrick of Fuss & O'Neal were in attendance to present this Notice of Intent for a proposed bike path loop. Mr. Bertoli explained that the proposal is to extend the existing bike path on River Road to Main Street then from Main Street down School Street and connect to the existing path on River Road. He went on to say that the extension along River Road will include widening of the pavement from 6" to L5' and to mill and overlay. The path along School Street will include widening of School Street from Main Street to Zach's Estates and then it will become an off-road 10' wide path 5' off the roadway. The area of School Street to be widened will provide for two I Y travel lanes and 4' shoulders. The off road path will run along the top of the bank of the Cote property(town owned land) and will be supported with a retaining wall. Also in this area of the path there will be two overlook areas as well. The path will cross over School Street by the pump station and connect to the School Street Park bike path. Dan Buttrick explained that resource areas along this project include floodplain, perennial stream and riverfront area, and vernal pools (not certified). Kathy Kocot of 73 F ernwood Drive asked if it was normal to widen both sides of a roadway for a bike path. Mr. Bertoli explained that it depends on the Right Of Way (ROW) layout and that in this case they started in the middle of the layout to measure and widened on each side where needed. Marjorie Merchant, 303 School Street asked if any poles would be moved. Mr. Bertoli stated yes. Ben Deliso, 932 River Road asked if this proposal would create an increase in water flow by his house. He stated that since the School Street Park was built, the 14" pipe that crosses under River Road is often plugged and not maintained. Mr. Kozloski stated that he was recently in that area with the Engineering Department and noticed it appeared to be possibly plugged. He stated that the Engineering Department was going to notify the state as River Road is a state road. He will follow up on that. He also stated that he witnessed the water coming back from the River as this area is a floodplain. Mr. Bertoli stated that the catch basins are more than adequate to handle the drainage and that the water from School Street will be contained in School Street. Sylvia Deliso, 932 River Road stated that the banks are narrow along the Cote property on School Street and questioned whether it could handle a retaining wall. Mr. Bertoli showed a cross section of the proposed retaining wall and stated that the design is more than adequate for this area. He stated that the wall will be 12' at it highest point Agawam Conservation Commission June 23, 2011 Page 3 Mr. Soticheck stated that the traffic is heavy on School Street and asked if there would be a space between the existing curb and the sidewalk. Mr. Bertoli stated that this design meets the classification criteria and stands for Massachusetts Department of Transportation(DOT) and was designed to have the least amount of impacts to existing residential properties. Ms. Dachos explained that the traffic situation on School Street presently is dangerous and not acceptable and that a presentation was made at the 25% design public hearing which explained that this design creates the least amount of impacts on the residents. She went on to say that the only alternative to this design under the Federal Highway Standards was to provide a dedicated path on existing properties. Ann Marie Legrand, 875 River Road asked if the ponds behind her would be affected or whether trees would need to be cut for the overlook areas. Mr. Buttrick explained that the ponds will not be affected and that the only clearing that will be done will be on the embankment and that no clearing is proposed for vista views at the overlooks. Roberta Doering, River Road asked if the pond would be a safety issue if that area is opened up. She is concerned that it will tempt children. Mr. Buttrick stated that there won't be easy access to the pond area and it is somewhat obscured with a stream and wetland in between. Mrs. Doering then asked about the height of the wall. Mr. Buttrick stated that the wall will be at the same level as the roadway embankment and that the height varies. He stated that there will also be a fence along the retaining wall. Sylvia Deliso then asked/stated this won't affect the River Road houses? Mr. Bertoli stated that all bike loop drainage will go where it goes now with no additional impacts. Dale Hall stated that rubbish has accumulated in this area and asked if it will be removed during the cut and fill. Mr. Bertoli stated yes. Mr. Buttrick stated that at the perennial stream crossing there is a culvert under School Street with a concrete headwall. He stated that the retaining wall will be incorporated into that design and there will be no impacts to the flows. Mr. Bertoli explained that the retaining wall will be a versa-lock wall with geotextile (similar design has existing bike path retaining wall). He also stated that there will be a fence along the top of the wall and one to separate and protect the path from vehicles. Mrs. Merchant asked exactly where the two overlook areas will be. Mr. Bertoli stated there will be one near 369 School Street and one near 439 School Street. Ann Marie Legrand questioned the safety of the path crossing School Street to the Park and then back at River Road. Mr. Bertoli stated there will be advanced warnings and crosswalk signs and that there is ample sight distance in that area. Agawam Conservation Commission June 23, 2011 Page 4 Sylvia Deliso stated that when crossing River Road speed is a big factor. Mr. Bertoli stated that River Road is a state concern and the only work they are proposing on River Road as part of this project is the widening from 6" to about 12" south of Borgatti Field and no poles will need to be moved on River Road. Dick Langone, Mark Drive asked if the sidewalks would be pitched. Mr. Bertoli stated that they are not proposing any changes to sidewalks on River Road other than minor repairs and that the new path will be pitched towards the road. Mr. Harpin left the meting at this time. Mr. Kozloski explained that this public hearing will be continued as the Commission has not yet received a file number from DEP. Mr. Buttrick stated that the draft ENF is currently being reviewed by DOT. Ms. Dachos explained that the draft ENF was submitted approximately one year ago, however it is her understanding that DOT only reviews projects that have funding. She went on to say that the Town would like to have state or federal funds for the project by 2015 or so. Mrs. Deliso asked what if the topography changes? Ms. Dachos explained that an Order of Conditions issued by the Conservation Commission will be good for three years and the Commission can extend it for up to three years. She went on to say that the Town must obtain easements for the shared use path and the conservation commission area. Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to continue the public hearing on the Notice of Intent for the Bike Loop to July 14, 2011. VOTE 4-0 3. PUBLIC HEARING CONT. —Mark Drive—Langone Joe Petronino of Environmental Services explained that DEP has issued a file number for this submittal which includes the construction of a duplex within the outer riparian zone. There is a dry well in place to handle runoff from the site. Mr. Langone has planted arborvitae along the top of the bank and he would like to keep those plantings and add another row of native species down-gradient to the arborvitae or provide monumentation. He is also proposing to plant five trees to mitigate for the riparian zone disturbance. He stated that the area at the tow of the embankment is floodplain. Mrs. Langone stated that they planted 300 arborvitae and have no problem with an additional row of blueberry bushes. The members agreed to make a site visit to determine where additional plantings could go. Motion was made by Mr. Soticheck and seconded by Ms. Becker to continue the public hearing for Langone on Mark Drive to July 14, 2011 and to meet on-site on July 6,' at 10:00 AM to determine the location for additional plantings. VOTE 4-0 Agawam Conservation Commission June 23, 2011 Page 5 At this time the Commission once again discussed the South Street Notice of Intent by Herzog. The members had discussed holding a special meeting to move the project along since the last meeting was canceled due to a power outage and therefore held them up an additional two weeks. Ms. Dachos reminded the Herzog's that they must go to the Historical Commission for approval to demolish the house and barns as the property is on the Town's Historic Inventory. In conclusion, it was agreed to continue this hearing to the next meeting (July 141h) Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to continue the public hearing for the Herzog Notice of Intent on South Street to July 14 '. VOTE 4-0 4. CERTIFICATE OF COMPLIANCE—Tracy Drive—Town of Agawam Mr. Kozloski stated that he will make this inspection tomorrow. Motion was made by Mr. Soticheck and seconded by Ms. Becker to issue a Certificate of Compliance to the Town of Agawam for work on Tracy Drive pending a favorable inspection by a Commission member. VOTE 4-0 5. ENFORCEMENT ORDER updates Mr. Kozloski stated that he will be inspecting 43 South West Street and the Tuckahoe property on South West Street tomorrow. Motion was made by Mr. Soticheck and seconded by Ms. Becker to lift the Enforcement Orders on 43 South West Street and the Tuckahoe property on South West Street pending a favorable inspection by a Commission member. VOTE 4-0 Main Street—Drenzek A letter was sent to the property owner as a result of a letter she submitted to the Commission in response to the Enforcement Order that was issued. The letter stated that Commission members would meet on-site with her to determine where restoration plantings must be placed. 92 1/z Paul Revere Drive—Mr. Kozloski inspected this lot and recommended that the Enforcement Order be lifted. Agawam Conservation Commission June 23, 2011 Page 6 Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to lift the Enforcement Order issued to Babinov at 92 1/2 Paul Revere Drive as the restoration work has been completed. VOTE 4-0 Robin Ridge --Nothing new to report, The developer has been notified that the Order of Conditions will expire in August as well as the Performance Agreement through the Planning Board. 6. EMERGENCY ORDER(ratify) —28 Cesan Street Mr. Kozloski explained that he issued this Emergency Order for the removal of a tree that had fallen over a stream during the recent tornado. Motion was ma de by Mr. Soticheck and seconded by Ms. Becker to ratify the Emergency Order issued for the removal of a tree at 28 Cesan Street. VOTE 4-0 EMERGENCY ORDER(ratify)—Robinson Park—DCR Mr. Kozloski stated that he issued this Emergency Order and used language provided by DEP for the clean up of trees that came down during the recent tornado. Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to ratify the Emergency Order issued to DCR for work in Robinson Park. VOTE 4-0 Optasite Towers- Main. Street Mr. Kozloski stated that a site visit has been scheduled for next Wednesday with the applicant's engineer. 7. APPROVAL OF MINUTES —May 26, 2011 Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to approve the minutes of May 26, 2011 as written. VOTE 4-0 The meeting adjourned at 8:30 PM. Agawam Conservation Commission May 26, 2011 Page 1 AGAWAM CONSERVATION COMMISSION May 26, 2011 , MEMBERS PRESENT: - ,n Henry A. Kozloski Sheryl Becker , 3 Magda Galiatsos 3 Fred Harpin •D >o �— -re MEMBERS ABSENT: r Jill Messick Mark Soticheck ALSO PRESENT: Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. PUBLIC HEARING CONT. —Notice of Intent— School Street—Town of Agawam Motion was made by Mr. Harpin and seconded by Ms. Galiatsos to continue the public hearing for the Town of Agawam's Notice of Intent for School Street once again as the state DOT has not completed their review. VOTE 4-0 2. CERTIFICATE OF COMPLIANCE—Robinson Park—DCR Mr. Kozloski stated that he has made a follow-up inspection and found the work to be complete. He recommended that a Certificate be issued at this time. Motion was made by Ms. Galiatsos and seconded by Ms. Becker to issue a Certificate of Compliance for the dredging work at Robinson Park. VOTE 4-0 3. CERTIFICATE OF COMPLIANCE—72 Elizabeth Street The Commission had issued a partial Certificate of this lot with a $2,000 holdback previously. The developer would now like a full release on this lot. Mr. Kozloski stated that he made an inspection but found some areas where the grass is not growing. He also stated that there was additional work done on the back of the lot. Mr. Tirone, the builder, has informed the office that the homeowners had a sprinkler system installed and that they did work in their backyard. Mr. Kozloski suggested that he make another inspection next week. Mr. Harpin agreed to go out to the site next week with Mr. Kozloski. Agawam Conservation Commission May 26, 2011 Page 2 Motion was made by Ms. Becker and seconded by Ms. Galiatsos to issue a full Certificate of Compliance on 72 Elizabeth Street pending a final inspection by a Commission member. VOTE 4-0 4. ENFORCEMENT ORDERS --updates Robin Ridge--Mr. Kozloski stated that he had visited this site earlier in the week and recommends that the Enforcement Orders remain in place. He also suggested that when the homeowners request Certificates, they be required to provide the Commission with proof of NHESP's approval. 43 South West Street. —Mr. Kozloski stated that he also went by this site and found that the area has been seeded but that grass is not yet growing. Another inspection will be made prior to the next meeting. South West Street—Town of Agawam—Mr. Kozloski stated that the work has been started and should be fmished next week. Optasite—Main Street—Nothing new to report. 92 'f2 Paul Revere Drive—Mr. Kozloski stated that he drove by this house and found that the blueberry bushes have been planted and the area looks nice with the exception of a large pile of branches. He stated that he will re-inspect in two weeks. 5. Correspondence and Complaints The Commission received a letter from Hansmann on Colonial Avenue regarding the shed that was built at 44 Colonial Avenue. Mr. Kozloski explained that he sent a letter to the Mayor with a chronology of events regarding 44 Colonial Avenue. The Commission received an email from Melissa Coady of Tighe and. Bond requesting that they be able to remove the silt fences along South Westfield Street and Route 57 (sewer project). Mr. Kozloski and Mr. Harpin stated that the area has been re-established and that the silt fences should now come down. Motion was made by Ms. Galiatsos and seconded by Ms. Becker to allow the silt fences on South Westfield Street and Route 57 as part of the Phase I Sewer Project be removed and the Commission shall be notified when removed so that a follow-up inspection can be made. VOTE 4-0 Open Classroom—Mr. Kozloski informed the members that the Engineering Department has prepared a plan for the Open Classroom behind the High School. Agawam Conservation Commission May 26, 2011 Page 3 Motion was made by Ms. Galiatsos and seconded by Ms. Becker that the Commission move forward with a CPA application for funding of the Open Classroom at the Agawam High School. VOTE 4-0 Complaint—Main Street (near Indian Restaurant) —Mr. Kozloski stated that he was informed by Mr. Langone that the area next to the restaurant on Main Street had been cleared. Mr. Kozloski stated that he made an inspection and took pictures and then contacted DEP. He was told that the Conservation Commission should handle this matter. He suggests that an Enforcement Order be issued requiring that a restoration plan be submitted. He went on to say that there is a cement bridge that crosses over the stream and that area has been partially clear cut. Motion was made by Ms. Galiatsos and seconded by Ms. Becker to issue an Enforcement Order to the property owner on Main Street where the violation occurred with a cease and desist and requiring that a Restoration Plan of the area be submitted to the Commission for their approval within 30 days of receipt of Enforcement Order. VOTE 4-0 6. APPROVAL OF MINUTES —May 12, 2011 Motion was made by Mr. Harpin and seconded by Ms. Galiatsos to approve the minutes of May 12, 2011 as written. VOTE 4-0 7. PUBLIC HEARING CONT. —Mark Drive—Langone Motion was made by Mr. Harpin and seconded by Ms. Galiatsos to continue the public hearing for Langone on Mark Drive once again as DEP has not yet issued a file number for the project. VOTE 4-0 The meeting adjourned at 7:00 PM. Agawam Conservation Commission May 12, 2011 Page 1 AGAWAM CONSERVATION COMMISSION May 12, 2011 MEMBERS PRESENT: Henry A. Kozloski Sheryl Becker Magda Galiatsos Fred Harpin Jill Messick Mark Soticheck ALSO PRESENT: Deborah S. Dachos as Pamela R. Kerr Am g NO mn: 1. REQUEST FOR DETERMINATION— 144 Parker Street—Ingari = Me Ms. Messick explained this RDA as she and Ms. Becker met on-site with the homeowners. They would like to remove some stumps from their backyard and grache area. She stated that there is a steep slope down to a wetland approximately 30' away. She recommended a Negative Determination. Mr. Harpin asked Mr. Ingari if the stumpl) will be grinded. Mr. Ingari stated yes. Motion was made by Ms. Messick and seconded by Mr. Harpin to issue a Negative Determination of Applicability for Ingari, 144 Parker Street. VOTE 6-0 6. CERTIFICATE OF COMPLIANCE—Robinson Park(dredging)—DCR Mr. Kozloski stated that he made a site visit and found that there is additional grading needed in one area. He recommended that this item be tabled. Motion was made by Mr. Soticheck and seconded by Mr. Harpin to table the Certificate of Compliance for Robinson Park (dredging)to the next meeting. VOTE 6-0 5. REQUEST TO AMEND ORDER—Lot 2 Robin Ridge Rob Levesque submitted a letter to the Commission stating that since the last meeting they have made additional changes to the grading plan of lot 2 Robin Ridge and they no longer require an amendment to the Order. The plan does show a culvert under the driveway as was requested by the Commission previously. Agawam Conservation Commission May 12, 2011 Page 2 Motion was made by Ms. Messick and seconded by Mr. Soticheck to approve the culvert under the driveway on lot 2 Robin Ridge as it was previously requested by the Conservation Commission. VOTE 6-0 6. ENFORCEMENT ORDERS (updates Robinson Park—Mr. Kozloski stated that the work required under both Enforcement Orders has been completed. Motion was made by Mr. Soticheck and seconded by Ms. Becker to lift the two Enforcement Orders issued to DCR for Robinson Park and asking that the Commission be notified when the chipping will be done. VOTE 6-0 Robin Ridge—Ms. Messick stated that she has been out to the subdivision and recommends that Enforcement Orders remain in place. 43 South West Street—Ms. Messick stated that the restoration area has been planted and seeded. She will re-inspect prior to the next meeting to see if the Enforcement Order can been lifted. Optasite—Main Street—Mr. Kozloski stated that he has not heard back from DEP yet. Paul Revere Drive-A follow-up inspection is needed to determine if the Restoration Plan has been completed. 9. APPROVAL OF MINUTES—April 28, 2011 Motion was made by Mr. Soticheck and seconded by Ms. Messick to approve the minutes of April 28, 2011 as written. VOTE 4-0-2 (Becker& Harpin abstained) 10. PUBLIC HEARING CONT. —Notice of Intent—Mark Drive—Langone Motion was made by Ms. Messick and seconded by Mr. Soticheck to continue the public hearing for Langone on Mark Drive as DEP has not yet issued a file number. VOTE 6-0 Agawam Conservation Commission May 12, 2011 Page 3 2. REQUEST FOR DETERMINATION—Mountain View Street—King Katie Bednaz, for D.L. Bean, Inc., was in attendance to present this RDA for wetland delineation on Mountain View Street and whether the work (construction of single family home) comes under jurisdiction of the Act. Members walked this site today with Ms. Bednaz to view the wetland flags. Ms. Bednaz stated that the stakes that were seen on the site today were approximate (set by applicant) for the house location which touches the 100' buffer zone to a bordering vegetated wetland. She explained that some of the existing fencing that was viewed will be removed as well as the pile of debris that was seen. She went on to say that there will be no soil removed. Also, the existing barn is to be razed. Silt fence and haybales are show for erosion control. She explained that there will be clearing and some minor grading for the house construction. Mr. Kozloski stated that he feels a Notice of Intent should be submitted as the work area that is shown is small and the owner will want to enlarge that in the future. He suggested that they show additional grading and a larger work area now. Ms. Bednaz stated that she could revise this plan for the next meeting by moving the house out of the 100' buffer (approximately 10') and could minimize the slope. Ms. Becker agreed that a Notice of Intent be required. Ms. Messick stated that the work area is flat and drops on all sides and stated that the Commission has dealt with this situation in the past where heavy rains erode the slopes and cause washouts. She suggested that they pull the work envelope back further from the top of the slope as much as possible. Ms. Bednaz stated that she could pull it back 25'. She stated that it will be important for the applicant to maintain the erosion controls on the site. Mr. Harpin stated that he does not feel a Notice of Intent is necessary and suggested that the Commission put conditions on a negative Determination. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue a Negative Determination of Applicability for King on Mountain View Street. VOTE 2-4 The motion failed. There was discussion regarding the Request for Determination (RDA) which requested whether the wetland boundaries were accurate and whether the work comes under the Commission's jurisdiction. The members that walked the site agreed with the wetland flagging, however the wetlands to the north of the proposed home were not mapped. Motion was made by Ms. Messick and seconded by Mr. Harpin to issue a Positive Determination approving the wetland delineation for King on Mountain View Street (200' riverfront area; 100' buffer zone; bordering vegetated wetland west of proposed house); the bordering vegetated wetland adjacent to the perennial stream (Three Mile Brook)north of the proposed house has not been mapped. VOTE 6-0 Agawam Conservation Commission May 12, 2011 Page 4 At this point Ms. Bednaz stated that the applicant would rather not move the house location as they would like to maintain the existing apple trees. Ms. Messick stated that there should be more protection for the slope. There was a lengthy discussion regarding the house placement and erosion control Iocation. In conclusion, the members agreed that the house location be left as is with a 30' setback to the slope; and the erosion control line shall be extended further south. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue a Negative Determination regarding the proposed work on Mountain View Street by King with the following conditions: Commission is to be notified when the erosion controls are installed; and the property shall carry the standard deed restriction. VOTE 6-0 3. REQUEST FOR DETERMINATION—Silver Street—Aspenwood Associates LLC Katie Bednaz of D.L. Bean, Inc. prepared and presented this RDA for conf rmation of the wetland boundaries. Members walked this site with her today. She explained that there are two parcels of land involved: one owned by Aspenwood Associates and one owned by Caruso on which Aspenwood Associates has an option to purchase. These parcels total 23.3 acres. She stated that the property contains bordering vegetated wetland. There are to centerline of streams on the property and the site is mostly forested. Ms. Messick stated that she had no questions on the flagging. Ms. Becker asked that the large tree at flag#36 be maintained. Motion was made by Ms. Messick anAconded by Ms. Becker to approve the wetland delineation for Aspenwood Associates LLC on Silver Street as presented. VOTE 6-0 4. 7:00 PM PUBLIC HEARING—Town of Agawam—School Street Ms. Dachos informed the Commission that MassDOT has not yet completed their review of the project and therefore the Commission cannot proceed with it. Motion was made by Ms. Messick and seconded by Mr. Harpin to continue the public hearing for the Notice of Intent on School Street by the Town of Agawam to the next meeting. VOTE 6-0 7. CORRESPONDENCE& COMPLAINTS a { Agawam Conservation Commission May 12, 2011 Page S Mr. Kozloski explained that he issued an Enforcement Order to the Town of Agawam for the removal of fill from the buffer zone and wetland on the Tuckahoe property on South West Street. Motion was made by Ms. Messick and seconded by Mr. Harpin to ratify the Enforcement Order issued to the Town of Agawam for the removal of fill at the Tuckahoe property on South West Street. VOTE 6-0 He stated that there is a washout of the roadway at two culverts that needs immediate repair. He recommended that an Emergency Order be issued. Motion was made by Mr. Soticheck and seconded by Mr. Harpin to issue an Emergency Order to the Town of Agawam for the repair of washout at the Tuckahoe property on South West Street. VOTE 6-0 Longbrook Estates—Mr. Kozloski stated that he will contact Karen Hirschberg at DEP to get guidance on how to proceed on the Longbrook Estates. 808 North Street—Mr. Kozloski made a site visit in response to a complaint that the homeowner submitted regarding debris in the brook. He also met at the site with a representative of Robinson Park as the brook also flows on the Park property. It was determined that a tree had been cut but the debris was left in the brook. This will be cleaned. 100 Sylvan Lane—Mr. Kozloski met with the homeowner who would like to grade approximately 6 yards of fill in his backyard and remove trees that are leaning. There is a steep slope and a stream approximately 100' away. Members were in agreement that this would be considered normal yard work and a filing would not be necessary. A letter will be sent to the homeowner. Mr. Soticheck stated that he had been contacted regarding the amount of debris in the stream behind the Christo's Restaurant at Mill and Suffield Streets. Members agreed to schedule a site visit. The meeting adjourned at 7:30 PM. Agawam Conservation Commission April 28, 2011 Page 1 AGAWAM CONSERVATION COMMISSION April 28, 2011 MEMBERS PRESENT: Henry A. Kozloski, Chairman Magda Galiatsos Jill Messick Mark Soticheck MEMBERS ABSENT: Fred Harpin Sheryl Becker z �c �3 ALSO PRESENT: Pamela R. Kerr w nM = 3N Mr. Kozloski called the meeting to order at 6:30 PM. a ao -n 1. PUBLIC HEARING CONT. --Notice of Intent-Garden Street-Russo cpCl) Motion was made by Mr. Soticheck and seconded by Ms. Messick to amend the order of the agenda and to table this item to later in the agenda. VOTE 4-0 4. CERTIFICATE OF COMPLIANCE-Tracy Drive-Town of Agawam Motion was made by Ms. Messick and seconded by Mr. Soticheck to table the Certificate of Compliance for Tracy Drive as the work has not been completed. VOTE 4-0 2. PUBLIC HEARING CONT. -Mark Drive-Langone Motion was made by Ms. Messick and seconded by Ms. Galiatsos to continue the hearing for the Mark Drive Notice of Intent for Langone as DEP has not yet issued a file number. VOTE 4-0 7. APPROVAL OF MINUTES -April 14, 2011 Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to approve the minutes of April 14, 2011 as written. VOTE 3-0-1 (Galiatsos abstained) Agawam Conservation Commission April 28, 2011 Page 2 5. ENFORCEMENT ORDER updates Robinson Park—Mr. Kozloski stated that this enforcement order may be lifted soon based on a site inspection. 43 South West Street—Moquin - There was nothing new to discuss on this matter. The Commission had given them 30 days to complete the restoration plan. A follow up inspection will be made prior to the next meeting. Optasite—Main Street—nothing new to report. Paul Revere Drive—A restoration plan has not yet been submitted. 6. Correspondence and Complaints The Commission received a letter from Fitzgerald Realty regarding a proposed addition to the former Quill building on Almgren Drive. The Engineering Department reviewed the original filing and found that the drainage calculations that were done accounted for the future expansion. A memo was sent to the Commission stating such. A Notice of Intent was filed for the original building. Mr. Kozloski met on site with Ms. Messick and Ms. Becker to view the detention pond. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to send a written response to Fitzgerald Realty stating that a Notice of Intent will be needed for the proposed addition duel to the wetlands located north and south of the site. VOTE 4-0 1. PUBLIC HEARING CONT. —Notice of Intent— Garden Street—Russo Rob Levesque and Jon Goddard of R. Levesque Associates were in attendance as well as the applicant, Thomas Russo, Jr. Mr. Levesque stated that the previous Commission comments have now been addressed; the curb cut has been moved per Mass. DOT; and that as a result of the additional test pits, the drainage system has been shifted/adjusted. A revised Operation and Maintenance Plan was submitted to the Commission this evening which includes sweeping of driveway and parking lot twice per year at a minimum, with four inspections per year. Inspection logs are to be kept on-site and copies will be provided to the Commission and the Engineering Department. Mr. Kozloski asked how the rear of the site would be treated. Mr. Levesque explained that it will be graded to a 3:1 slope and erosion control blankets will be placed on the slope. Locations for erosion controls were discussed at a previous meeting and include placing silt fence at the limit of work line and then silt soxx or mulch logs halfway down the hill, all running with the slope. There being no public input,the Commission closed the public hearing. The Order of Conditions was written at the end of the meeting. At this point, Mrs. Babinov of 92 %2 Paul Revere Drive arrived with a proposed restoration plan that was required through the Enforcement Order that was issued for this property. The plan showed the planting of three low-bush blueberries. After reviewing the plan,the members modified it to include six plantings. Agawam Conservation Commission April 28, 2011 Page 3 Motion was made by Ms. Messick and seconded by Ms. Galiatsos to approve the Restoration Plan for 42 1/2 Paul Revere Drive as modified this evening. VOTE 4-0 Mrs. Babinov then informed the Commission that she has a complaint about her neighbor who she contends dump leaves, branches and grass clippings in this area and it raises the water level. Mr. Kozloski stated that he would take a look at it but informed her that if the violation is on her property, the Commission would have to issue another Enforcement Order to her. 2. REQUEST TO AMEND ORDER OF CONDITIONS—Lot 2 Robin Ridge Estates Rob Levesque was in attendance along with the new property owners. He stated that he has prepared a grading plan which shows a different location for septic system and that it is larger than originally anticipated. He stated that they were able to increase work in this area through NHESP. He also is proposing a culvert under the driveway as the Conservation Commission had previously recommended. The larger septic design and revised location provide for increase square footage impacts in the riverfront area. The members did not vote this evening on whether to allow an amendment or require a new NOT. Mr. Levesque will provide further documentation to the Commission in order for them to make their decision. 7. ORDER OF CONDITIONS — St. Jacques Avenue--W&I Construction The members wrote the Order of Conditions for W&I. A copy can be obtained from the Town Clerk's office or the Agawam Planning Department. Motion was trade by Mr. Soticheck and seconded by Ms. Messick to issue the Order of Conditions for W&I Construction on St. Jacques Avenue as written. VOTE 4-0 The members then wrote the Order of Conditions for Russo on Garden Street. A copy can be obtained from the Town Clerk's office or the Agawam Planning Department. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to issue the Order of Conditions for Russo on Garden Street as written. VOTE 4-0 The meeting adjourned at 7:40 PM. Agawam Conservation Commission April 14, 2011 Page 1 AGAWAM CONSERVATION COMMISSION April 14, 2011 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Fred Harpin Till Messick Mark Soticheck MEMBERS ABSENT: Magda Galiatsos ALSO PRESENT: Deborah S. Dachos Mr. Kozloski called the meeting to order at 6:30 PM. 1. REQUEST FOR DETERMINATION—Robinson Park—Mass. DCR Joe Sarkis of DCR was in attendance to present this RDA for a roadway repair project within Robinson Park. He explained that during the second phase of the dredging project there was some damage done to the roadway and they would like to resurface it within the existing footprint. Due to funding, however, they may only be able to do a temporary repair at this time. Mr. Kozloski stated that he has viewed the area and the proposed work and recommended that a'Negative Determination be issued. Motion was made by Mr. Harpin and seconded by Ms. Messick to issue a Negative Determination of Applicability to DCR for repair work to an existing roadway within Robinson Park. VOTE 5-0 2. PUBLIC HEARING CONT. —Notice of Intent—Garden Street—Russo The applicant's representative requested that this hearing be continued as they are now submitting a Site Plan to the Planning Board for this building. Motion was made by Mr. Soticheck and seconded by Ms. Becker to continue the public hearing for the Notice of Intent for Russo on Garden Street as requested. VOTE 5-0 3. PUBLIC HEARING CONT. —Notice of Intent—St. Jacques Avenue —W&I Construction Agawam Conservation Commission April 14, 2011 Page 2 Heather Comee of Pioneer Environmental was in attendance to present this NOI for the construction of a stone dust storage area for stockpiling landscape materials. She stated that north of this site there is a perennial stream, however, no work is proposed within 200' of it. Proposed drainage for the site includes a stone lined trench and earthen berm. Mr, Kozloski asked if a maintenance plan has been prepared. Ms. Comee stated no but it would be in the applicant's best interest to keep the drainage maintained. Mr. Kozloski stated that the Commission can require a maintenance plan. Mr. Harpin stated that if the roadway gets dirty from this operation then it must be swept. Mr. Kozloski asked if the applicants had any other necessary permits for this proposal. Mr. Johnson of W&I Construction was in attendance and stated no, they have not gotten any other permits yet but is aware that Site Plan approval by the Planning Board is needed. There being no public input,the public hearing was closed. 4. PUBLIC HEARING CONT.- Mark Drive—Langone Motion was made by Mr. Harpin and seconded by Ms. Messick to continue the public hearing for Langone on Mark Drive as DEP has not yet issued a file number. VOTE 5-0 5. CERTIFICATE OF COMPLIANCE-- 72 Elizabeth Street Mr. Kozloski made this inspection and recommended that$2,000 be held back to ensure completion of the lawn. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue a Certificate of Compliance on 72 Elizabeth Street with $2,000 being held back by the buyer's attorney to cover completion of the lawn. VOTE 5-0 6. EMERGENCY ORDER—43 South West Street--Moquin(ratify) Mr. Kozloski issued this emergency order for the removal of trees which were in danger of falling and causing property damage. He issued this at the same time he issued an Enforcement Order for cutting trees in an area of jurisdiction. Motion was made by Mr. Soticheck and seconded by Ms. Messick to ratify the Emergency Order issued by Mr. Kozloski to Moquin, 43 South West Street. VOTE 5-0 Mr. Moquin was in attendance to present his restoration plan which was required under the Enforcement Order. He stated that he is done with the tree cutting and is proposing to Agawam Conservation Commission April 14, 2011 Page 3 plan low-bush blueberries and seed with a wetland mix in the area that was disturbed. The members agreed that the restoration as proposed is sufficient. Motion was made by Mr. Soticheck and seconded by Ms. Becker to accept the Restoration Plan submitted by Kyle Moquin for 43 South West Street. VOTE 5-0 Mr. Moquin stated that this restoration work will be completed within thirty days and he will contact the office for a follow-up inspection. 7. ENFORCEMENT ORDERS (updates) Robinson Park(2)—Mr. Kozloski stated that these enforcement orders cannot yet be lifted as the work is not complete. Robin Ridge—The members agreed to send a memo to the Engineering Department stating that the road needs to be swept,the catch basins cleaned and the silt cover over the outlets should be cleaned or replaced. Optasite Towers—Mr. Kozloski stated that he has not yet heard back from DEP on this matter. 43 South West Street—Moquin (ratify) Motion was made by Mr. Soticheck and seconded by Ms. Becker to ratify the Enforcement Order for Moquin, 43 South West Street. VOTE 5-0 92 1/2 Paul Revere Drive—Babinov(raftify) Mr. Kozloski issued this Enforcement Order for trees that were cut along the stream on this property. Mr, Babinov was in attendance this evening and stated that one tree had fallen down and another had many dead branches. He stated that no more cutting is proposed. Motion was made by Mr. Soticheck and seconded by Ms. Becker to ratify the Enforcement Order for Babinov at 92 1/2 Paul Revere Drive. VOTE 5-0 Upon discussion the members agreed that a restoration plan is necessary and that the area should be cleaned up; the stumps are to remain and are to be grinded; and additional trees/bushes shall be planted. Motion was made by Mr. Soticheck and seconded by Ms. Becker to amend the Enforcement Order issued to Babinov at 92 %2 Paul Revere Drive to require a restoration plan be submitted prior to the next meeting showing proposed plantings; the area is to be cleaned up,the stumps are not to be removed but grinded. VOTE 5-0 8. CORRESPONDENCE Agawam Conservation Commission April 14, 2011 Page 4 68 Katherine Drive—Mr. Kozloski explained that the owners of 68 Katherine Drive have filed with the ZBA for an addition to their home. A plan was submitted that showed the house and front portion of the lot being outside of the 100 year floodplain. He drafted a letter for the members to review stating that the addition would not require a filing based upon the plan that was submitted, however no dirt is to be placed in the 100 year floodplain. The members agreed to send that letter. Shelley Lane--After issuing the Emergency Order and Enforcement Order on South West Street, Mr. Kozloski requested that the Engineering Department research whether there is a Town easement on the drainage culvert in this area. Mr. Moquin had stated that the culvert was plugged and needed to be cleaned out. Engineering submitted a memo stating that they observed no trash or debris in the outlet pipe. The memo did not state whether the Town has an easement. 9. APPROVAL OF MINUTES—March 24, 2011 Motion was made by Mr. Soticheck and seconded by Ms. Becker to approve the minutes of March 24, 2011 as written. VOTE 5-0 10. NOMINATE CPA REPRESENTATIVE Motion was made by Mr. Harpin and seconded by Mr, Soticheck to nominate Henry Kozloski as the Commission's representative on the Community Preservation Act Committee. VOTE 5-0 The meeting adjourned at 7:25 PM. --Taov-) C6 Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 w April 15, 2011 a Aco Donald M. Rheault,President Robert E. Rossi,Vice President George Bitzas, Councilor James Cichetti, Councilor Gina M. Letellier, Councilor Robert A.Magovern, Councilor Jill Messick, Councilor Joseph Mineo, Councilor Dennis Perry, Councilor Jill Simpson, Councilor John Walsh, Councilor Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on April 14, 2011, the Agawam Conservation Commission voted to appoint Henry Kozloski as its representative on the Community Preservation Act Committee. Sincerely, Fred.Harpin, Acting hairman AGAWAM CONSERVATION COMMISSION Agawam Conservation Commission March 10, 2011 Page 1 AGAWAM CONSERVATION COMISSION March 10, 2011 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Magda Galiatsos Jill Messick Mark Soticheck v MEMBERS ABSENT: 3 Steven Douglas Fred Harpin -o ALSO PRESENT: Deborah S. Dachos i Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. PUBLIC HEARING—Request to Amend Order of Conditions — WMECO — Greater Springfield Reliability Project Robert Young of Burns and McDonnell was in attendance as well as Dave Cameron of AECOM. Mr. Young stated that since the issuance of a final permit on this project, some changes were made to the plans which result in a decrease of 25,000 SF in temporary impacts, a decrease of 100 SF in permanent impacts and an increase in the amount of tree clearing which is mainly along the right of way. Mr. Cameron went over the invasive species control and explained that machinery used for invasive species removal will be cleaned and decontaminated prior to being moved and data forms will be submitted each time that process is used. He explained as part of the Monitoring Program, yearly monitoring will be performed and reports submitted including qualitative mapping and comparisons, for five years. Mr. Young stated that per DEP there will be a wetland scientist on-site during all active clearing. Mr. Kozloski stated that since the last meeting a subcommittee meeting was held to go over the invasive species and Agawam Conservation Commission March 10, 2011 Page 2 monitoring program. He pointed out that all invasive species removal will take place within the right of way only. There being no public input, the Commission closed the public hearing. Mr. Kozloski stated that the Amended Order will be written at the end of the meeting. 2. PUBLIC HEARING CONT. —Notice of Intent — St. Jacques Avenue — W&I Construction This hearing had already been continued to April 14t'. 3. PUBLIC HEARING CONT. —Notice of Intent — Mark Drive — Langone Motion was made by Mr. Soticheck and seconded by Ms. Messick to continue the public hearing for the Mark Drive Notice of Intent to the next meeting as DEP has still not issued a file number. VOTE 5-0 4. PUBLIC HEARING CONT. --Notice of Intent - Garden Street— Russo Rob Levesque and Jon Goddard of R. Levesque Associates were in attendance this evening to present this NOI which shows the construction of a professional office building with a walk-out basement and with a footprint now of approximately 2,000 SF (original submittal showed 2600 SF footprint). Twenty-one parking spaces are shown. Mr. Goddard explained that there will be approximately 4100 SF of disturbance in the 50' to 100' buffer and that the drainage will be collected in the southeast corner of the parcel and will flow to infiltration chambers and then through an overflow pipe which then sheet flows toward the wetland. Ms. Messick asked what the impacts would be on the slope in the back of the site which slopes down to the wetland. Mr. Levesque explained that the rear will be graded with a 3:1 slope and then it's a gradual slope to the wetland. He then measured and found that there will be 55' from the flared end of the pipe to the edge of wetland. Ms. Messick they asked for more clarification on the grades in the back. Mr. Levesque stated that parking lot is at elevation 177'; there is a 3:1 Agawam Conservation Commission March 10, 2011 Page 3 slope and the toe of the slope is at 171' which means there will be a drop of approximately 6' from the back of the parking lot to the toe of the slope. Mr. Kozloski stated that the information in the NOI does not match what Mr. Goddard previously stated in terms of erosion controls. Mr. Levesque stated that they could use whatever technique the Commission prefers (i.e. bark mulch within fabric tubes or haybales and silt fence). Locations for erosion controls were discussed as follows: place silt fence at the limit of work line and then silt soxx or mulch logs halfway down the hill. Mr. Levesque stated that they are also showing the use of erosion control blankets. Mr. Kozloski asked how far apart the stakes would be on the silt fence. Mr. Levesque stated that the stakes will be 8' to 10' apart. Mr. Kozloski then asked about the test pits that the Engineering Department is requiring. Mr. Levesque stated that test pits have been done in the area but not at the actual locations of the proposed infiltration systems. He stated that the Engineering Department has agreed these additional test pits can be done later in the spring. Mr. Kozloski stated that he would prefer they be done prior to the Commission issue an Order of Conditions in order to avoid having to amend the Order. Mr. Levesque stated that he would like a continuance to the next meeting. Mr. Kozloski then asked if there is a plan to check the infiltration systems. Mr. Levesque stated yes there is an operation and maintenance plan in the NOI submittal. Mr. Kozloski asked who these reports would go to. Mr. Levesque stated that could be addressed in the Order of Conditions. Ms. Messick stated that the parking lot should be swept four times per year. After discussion, it was agreed that the four sweepings be based on visual inspections. Mr. Kozloski asked about the roof drains. Mr. Levesque stated that they tie in beyond the infiltration system. Ms. Becker asked what type of curbs would be used. Mr. Levesque stated that they would be cape cod style berms. Ms. Dachos then asked Mr. Levesque to explain the roof drains again and where they drain to. Mr. Levesque then checked the plan and found that the roof drains do tie into the infiltration system and not beyond it as previously stated. The members agreed that they would like to see the test pit information that was requested by the Engineering Department prior to closing the public hearing. Motion was made by Mr. Soticheck and seconded by Ms. Messick to continue the public hearing for Russo on Garden Street to the next meeting as requested. VOTE 5-0 Agawam Conservation Commission March 10, 2011 Page 4 5. ENFORCEMENT ORDERS (updates) There was nothing new to report on the Enforcement Orders, however, Mr. Kozloski stated that he received a phone call from a representative of Robinson Park regarding their plans to do tree cutting around the office building. He stated that he will meet onsite to view the area. 6. Correspondences & Complaints The Commission received a letter from a property owner on Ramah Circle North regarding the temporary access road that WMECO will be constructing on the property and requested that the Town allow that road to remain. The members were in agreement that the property owner should first contact WMECO. A copy of this letter was forward to Mr. Young of Burns & McDonnell earlier in the meeting. 7. APPROVAL OF MINUTES —February 24, 2011 Motion was made by Ms. Messick and seconded by Ms. Becker to approve the minutes of February 24, 2011 as written. VOTE 5-0 8. CERTIFICATE OF COMPLIANCE — 167 Coyote Circle Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue a Certificate of Compliance on 167 Coyote Circle pending a favorable inspection by a Commission member. VOTE 5-0 Ms. Dachos informed the members that she has spoken with a homeowner on South Street who wishes to demolish her existing home and rebuild further back on her lot. She asked if the members could meet on-site with the homeowner to view the area and give her any guidance they could. She explained that the site contains floodplain and riverfront area as well as the home is on the Town's Historic Inventory and would come under the Demolition Delay Ordinance. Agawam Conservation Commission March 10, 2011 Page 5 The members then voted on the Amended Order for WNECO. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue an Amended Order of Conditions for WMECO's GSRP. VOTE 5-0 The meeting adjourned at 7:30 PM. R a t " Agawam Conservation Commission February 24, 2011 Page 1 AGAWAM CONSERVATION COMMISSION February 24, 2011 MEMBERS PRESENT: a Henry A. Kozloski, Chairman �3 Sheryl Becker n Magda Galiatsos r f n Jill Messick Mark Soticheck co J>C:) -n cn "n MEMBERS ABSENT: cn rn Steven Douglas Fred Harpin ALSO PRESENT: Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. REQUEST FOR DETERMINATION— Springfield Water& Sewer Commission—River Road Robert Stoops, Chief Engineer with the Springfield Water and Sewer Commission (SW&SC) and Martin Lobuk, Project Engineer with SW&SC were in attendance to present this RDA for the repair of a water pipe under the Connecticut River. Mr. Stoops explained that in 2004 there was a major leak on the Springfield side of the River which was repaired. He went on to say that in 2010 a second leak was found more in the middle of the River or tgwards Agawam. Four to six million gallons a day were leaking, they then clamped and stabilized the leaks. A follow up test has now found four active leaks approximately 6' below the river bottom. They are proposing to install a 30" liner inside the existing 36"pipe with approximately 130 SF of work in a wetland. He went on to say that DEP has issued a consent order for the repair work. Mr. Kozloski asked when the work would be done. Mr. Stoops stated that per NHESP the work under the River must be done after July however they intend to begin work in the upland by May 151'. Mr. Kozloski asked if they would notify the Commission prior to starting the work. Mr. Stoops agreed to that. Mr. Kozloski asked where they would be parking vehicles while this work is being done. Mr. Lobuk stated that the City owns a piece of land across the street on River Road which they will be using. Mr. Kozloski stated that he was concerned they would want to use the Pynchon Point parking lot. Mr. Lobuk stated no, he was aware that the Pynchon Point lot is not to be used. Agawam Conservation Commission February 24, 2011 Page 2 Motion was made by Ms. Becker and seconded by Mr. Soticheck to issue a Negative Determination of Applicability for the Springfield Water and Sewer Commission as the work is exempt as they are a public utility. VOTE 5-0 2. REQUEST TO AMEND ORDER OF CONDITIONS--WMECO—Greater Springfield Reliability Project (GSRP) Robert Young of Burns &McDonnell was in attendance as well as Dave Cameron of AECOM. Mr. Young explained that since receiving an Order of Conditions for this project the Energy Facilities Siting Board has issued their Decision which contains conditions. Some of the conditions require modifications to access roads, crane pads, etc. USEPA also commented on the project and required that an alternative tree clearing analysis be done,the results of which were that the amount of tree clearing went up however other impacts went down. Mr. Kozloski stated that he has questions about the invasive species control section in the narrative and asked who would be monitoring this. Mr. Young stated that the project will be monitored by various agencies such as DEP, USACE, and local Conservation Commissions. Mr, Kozloski asked what method would be used to clean up the equipment after removing invasive species. Mr. Cameron stated that typically the equipment would be taken off the access road and blown off. Mr. Young stated that should be included in the Monitoring Program. Mr. Cameron stated that there will also be a wetlands compliance monitor. Mr. Young stated that the contractors and their staff are trained on the monitoring plan and that there are penalties and incentives in the contracts. Mr. Kozloski asked that a subcommittee meeting be held prior to the public hearing to go over the information that was recently submitted. Ms. Becker and Ms. Galiatsos agreed to serve on the subcommittee with Mr. Kozloski. A meeting was tentatively scheduled for Monday, March 7t' at 10:00 AM. Motion was made by Ms. Messick and seconded by Mr. Soticheck to allow the modifications to the WMECO Greater Springfield Reliability project through an Amended Order of Conditions rather than the filing of a new Notice of Intent. VOTE 5-0 A public hearing on the Amended Order of Conditions will be scheduled for the next Commission meeting. Mr. Young submitted to the Commission the Conservation Restriction which he stated needs the Town's endorsement. This document will be forwarded to the Law Department prior to the Commission endorsing. 3. PUBLIC HEARING CONT. —Notice of Intent— St. Jacques Avenue—W&I Construction The applicant requested another continuance of this hearing to April 14, 2011. a k Agawam Conservation Commission February 24, 2011 Page 3 Motion was made by Ms. Messick and seconded by Ms. Galiatsos to continue the public hearing for the St, Jacques Avenue Notice of Intent to April 14, 2011 as requested by the applicant. VOTE 5-0 4. PUBLIC HEARING CONT. —Notice of Intent—Mark Drive—Langone Motion was made by Ms. Messick and seconded by Mr. Soticheck to continue the public hearing for Langone on Mark Drive as DEP has not yet issued a file number. VOTE 5-0 5. PUBLIC HEARING CONT. Notice of Intent—Garden Street—Russo The applicant's representative requested that this hearing be continued once again to the next meeting. Motion was made by Mr. Soticheck and seconded by Ms. Messick to continue the public hearing for Russo on Garden Street to the next meeting as requested by the applicant's representative. VOTE 5-0 6. ENFORCEMENT ORDERS (updates) Optasite Towers—Main Street—Mr. Kozloski stated that he spoke with a representative of DEP's Hazardous Waste section who stated that he believes the area has been surveyed. He will get back to the Commission with an answer. 7. Correspondences and Complaints Mr. Kozloski stated that a plan has been drafted for the outdoor classroom at the High School and that the Conservation Commission will be the petitioner for the Notice of Intent. Items to be included are a pavilion with three tables for the students to sit at while doing their work. He also suggested fruit trees and other types of trees, as well as possibly a sun dial. 8. APPROVAL OF MINUTES —February 10, 2011 Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to approve the minutes of February 10, 2011 as written. VOTE 5-0 The meeting adjourned at 7:30 PM. Agawam Conservation Commission February 10, 2011 Page 1 AGAWAM CONSERVATION COMMISSION February 10, 2011 MEMBERS PRESENT: n Henry A. Kozloski, Chairman ' Sheryl Becker � �3 Magda Galiatsos—6:35 PM ry mc� Mark Soticheck `�' OM MEMBERS ABSENT: n© Steven Douglas ca -n Fred Harpin Mr. Kozoski called the meeting to order at 6:30 PM. I. PUBLIC HEARING CONT. —Notice of Intent—Mark Drive—Langone Motion was made by Mr. Soticheck and seconded by Ms. Messick to continue the public hearing for the Notice of Intent on Mark Drive by Langone to the next meeting as DEP has not yet issued a file number. VOTE 4-0 2. PUBLIC HEARING CONT. —Notice of Intent— St. Jacques Ave. —W&I Construction The applicant's representative requested that this hearing be continued to the next meeting as they are working on the zoning issued. Motion was made by Mr. Soticheck and seconded by Ms. Messick to continue the public hearing for the Notice of Intent on St. Jacques Avenue by W&I Construction to the next meeting as requested by the applicant's representative. VOTE 4-0 3. PUBLIC HEARING CONT. —Garden Street—Russo Mr, Russo's representative requested that this item be continued to the next meeting. Motion was made by Mr. Soticheck and seconded by Ms. Messick to continue the public hearing for the Notice of Intent on Garden Street by Russo as requested by the applicant's representative. VOTE 4-0 4. REQUEST FOR EXTENSION—Twin Brook Farms— 194 South Street LP Agawam Conservation Commission February 10, 2011 Page 2 Mark Benoit of 194 South Street Limited Partnership was in attendance this evening to discuss his request for extension. He explained to the Commission that due to the economy they have not begun work on the project (active adult community) and requested a three extension of the Order of Conditions. Mr. Kozloski explained and read part of the policy that the governor enacted that gave an automatic extension of two years to permits "in effect or existence during the qualifying period beginning on August 15, 2008 and extension through August 15, 2010". The members discussed the request and agreed that the two year extension is automatic and that if the project does no move forward Mr. Benoit could then request another extension at which time the Commission could act on up to three years. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue a two year extension on the Twin Brook Farms Order of Conditions which is covered under"The Permit Extension Act". VOTE 5-0 REQUEST FOR EXTENSION—South Westfield St.—Hunter Dev. First Nine LLC Spiro Phillips of First Nine LLC was in attendance. This Order of Conditions is also automatically extended as above. Motion was made by Mr. Soticheck and seconded by Ms. Becker to issue a two year extension on the Hunter Development Order of Conditions on South Westfield Street which is covered under "The Permit Extension Act". VOTE 5-0 5. ENFORCEMENT ORDER(updates) River Road (trucking co.)—Mr. Kozloski stated that he spoke with the Engineering Department and was informed that the work had been completed on the drainage connection. He recommended that the Enforcement Order now be lifted. Motion was made by Ms. Messick and seconded by Ms. Becker to lift the Enforcement Order issued to the trucking company(Townsend) on Century Street adjacent to Pynchon Point. VOTE 5-0 Anvil Street—Calabrese—Mr. Kozloski recommended that these two Enforcement Orders be lifted at this time. The members discussed the matter and agreed that if further erosion problems occur they can issue another Enforcement Order at that time. Agawam Conservation Commission February 10, 2011 Page 3 Motion was made by Ms. Messick and seconded by Ms. Becker to lift the two Enforcement Orders issued to Calabrese on Anvil Street. VOTE 5-0 6. APPROVAL OF MINUTES —January 27, 2011 Motion was made by Mr. Soticheck and seconded by Ms. Becker to approve the minutes of January 27, 2011 as written. VOTE 5-0 Correspondences& Complaints The Commission received a letter from JR Russo &Associates showing a proposed planting of Rugosa Rose along the wetland edge behind the proposed Wendy's on Springfield Street. The applicant is proposing the planting of a vegetated barrier to satisfy a requirement of the Board of Appeals to block off this area to pedestrian access. The Commission previously reviewed a proposed fence in this area which they did not support. The members agreed that they could approve the vegetated barrier this evening. Motion was made by Mr. Soticheck and seconded by Ms. Messick to allow the planted barrier of Rugosa Rose within the delineated wetland at the edge of the existing intermittent stream behind Wendy's on Springfield Street,plan entitled"Foot Path Barrier Planting Plan, Wendy's Restaruant, 1340 Springfield Street, Agawam, Massachusetts". VOTE 5-0 The meeting adjourned at 7:00 PM. Agawam Conservation Commission January 27, 2011 Page I AGAWAM CONSERVATION COMMISSION January 27, 2011 MEMBERS PRESENT: Henry A. Kozloski, Chairman Cn y Sheryl Becker Magda Galiatsos Jill Messick Mark Soticheck ti MEMBERS ABSENT: Steven Douglas Fred Harpin Mr. Kozloski called the meeting to order at 6:30 PM. 1. REQUEST FOR DETERMINATION—Main Street—Columbia Gas of Massachusetts Jesse Moreno of the ProTerra Design Group was in attendance to present this RDA as well as Robert Tatro of Columbia Gas of Massachusetts. Mr. Moreno explained that this filing involves the replacement of the existing gas main with a new 6" intermediate pressure natural gas pipe in Main Street approximately 6,5501f between Adams Street and Six Flags. The work will involve excavating and restoring a shallow trench in the road shoulder, paved roadway surface or bridge structure to install the gas main. In two locations between River Road and adjacent to South Street the work will occur in the vicinity of the existing bridge/culvert crossings of the Three Mile and Worthington brooks. The work will occur in the existing disturbed right of way and will not result in any permanent impacts to any resource areas or buffer zones. Mr. Kozloski asked if any borings were taken. Mr. Moreno stated no, there were existing flags that had been previously placed by VHB for a different project. Those flags were used. Mr. Moreno explained that silt soxx will be placed around catch basins and may be used as erosion control. Mr. Kozloski asked if they intend to use silt fences too. Mr. Tatro explained that he prefers the silt soxx and stated that they can also be staked. Mr. Kozloski stated that the silt soxx would probably be better for this type of project. He then asked where the backfill material will be put as there will be no room to stockpile it. Mr. Tatro stated that it is his policy when working in the vicinity of resource areas that material be loaded into a truck and taken from the site. He stated that he will submit a letter to the Commission stating that they will be using silt soxx for erosion control and that the backfill material will be removed by truck and not stockpiled on the site. Ms. Becker asked when this work would take place. Mr. Tatro stated that it is pending a Mass. DOT permit and it will not be done until the snow has melted. Ms. Messick asked if erosion controls would be used on the opposite side of the road. Mr. Moreno explained that the road is pitched and erosion shouldn't be a problem, however,they will have silt soxx around the catch N Agawam Conservation Commission January 27, 2011 Page 2 basins. Mr. Tatro stated that if necessary, they could also place filter fabric over the catch basins. Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to issue a Negative Determination of Applicability for Columbia Gas of Massachusetts work on Main Street. VOTE 5-0 2. PUBLIC HEARING CONT. —Mark Drive—Langone Motion was made by Mr. Soticheck and seconded by Ms. Messick to continue the public hearing for Langone on Mark Drive as DEP has not yet issued a file number. VOTE 5-0 3. PUBLIC HEARING CONT. — St. Jacques Avenue—W&I Construction The applicant's representative requested a continuance of this hearing to the next meeting. The Commission received a memo from Deborah S. Dachos, Director of Planning and Community Developing, stating that she has been informed by the Building Inspector that this project must go through site plan approval. The applicant's representative relayed that information to the applicant and they will be contacting the Building Inspector. Motion was made by Mr. Soticheck and seconded by Ms. Becker to continue the public hearing for St.Jacques Avenue to the next meeting as requested by the applicant's representative. VOTE 5-0 4. PUBLIC HEARING CONT. —Garden Street—Russo This item has been continued to February 10, 2011. 5. ENFORCEMENT ORDERS (updates) There was nothing new to report on the Enforcement Orders. 6. Correspondences &Complaints A complaint was received regarding a swaie that had been dug on property in the vicinity of the Indian Restaurant on Main Street. The woman that complained now owns this property and the swale goes through the existing driveway. Mr. Kozloski stated that he went out to the site and the swaie has existed for years. He stated that he's not sure when it was dug. He contacted the complainant and informed her of his findings. k } « d Agawam Conservation Commission January 27, 2011 Page 3 7. APPROVAL OF MINUTES—January 13,2011 Motion was made by Mr. Soticheck and seconded by Ms. Messick to approve the minutes of January 13, 2011 as written. VOTE 5-0 The meeting adjourned at 7:00 PM. Agawam Conservation Commission January 13, 2011 Pagel AGAWAM CONSERVATION COMMISSION January 13, 2011 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Magda Galiatsos Jill Messick Mark Soticheck n MEMBERS ABSENT: Steven Douglas c . "" Fred Harpin ac tf w ALSO PRESENT: � Pamela R. Kerr �s X ui Mr. Kozloski called the meeting to order at 6:30 PM. t FS 1. REQUEST FOR DETERMINATION—44 Colonial Avenue—Benoit Mr. Benoit was in attendance to explain his RDA for the construction of a 14' x 14' shed on an existing paved area. Mr. Kozloski and Ms. Messick met on-site with Mr. Benoit in December after issuing an Enforcement Order for the construction of the shed which had begun within a buffer zone. Mr. Kozloski and Ms. Messick agreed that after going on the property and viewing the area, a Negative Determination would be appropriate as the area will not be altered or filled. Motion was made by Ms. Becker and seconded by Ms. Messick to issue a Negative Determination of Applicability for 44 Colonial Avenue. VOTE 5-0 3. PUBLIC HEARING CONT. —Notice of Intent--Mark Drive—Langone Motion was made by Mr. Soticheck and seconded by Ms. Becker to continue the public hearing for the Langone Notice of Intent on Mark Drive as DEP has not yet issued a file number and also there are Engineering Department comments to be addressed. VOTE 5-0 4. PUBLIC HEARING CONT. ---Notice of Intent—St. Jacques Avenue— W&I Construction r 1 • Agawam Conservation Commission January 13, 2011 Paget Motion was made by Mr. Soticheck and seconded by Ms. Becker to continue the public hearing for the St. Jacques Avenue Notice of Intent to the next meeting as requested by the applicant. VOTE 5-0 Mr. Kozloski suggested a letter be sent to the applicant stating that the Commission expects the issue with the Town's Delinquent Tax List be resolved prior to the next meeting. There is a Town Ordinance in place that allows the Commission to reject or deny a permit if the applicant is on the Delinquent Tax List. The members agreed with him. 5. ENFORCEMENT ORDER UPDATES There were no new updates on the existing Enforcement Orders,however, Mr. Kozloski stated that he will again contact DEP regarding the Optasite Towers, Main Street Enforcement Order. Colonial Avenue—This Enforcement Order can be lifted since the Commission issued a Negative Determination this evening. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to lift the Enforcement Order issued for 44 Colonial Avenue. VOTE 5-0 6. APPROVAL OF MINUTES —December 9,2010 Motion was made by Mr. Soticheck and seconded by Ms. Messick to approve the minutes of December 9, 2010 as written. VOTE 4-0-1 (Galiatsos abstained) 2. PUBLIC HEARING—Notice of Intent—Garden Street—Russo The applicant's representative requested a 30 day continuance of this public hearing to address possible plan changes. Motion was made by Ms. Galiatsos and seconded by Ms. Messick to continue the public hearing for the Russo Notice of Intent of Garden Street for 30 days as requested by the applicant's representative. VOTE 5-0 The meeting adjourned at 7:00 PM. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Agawam computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Columbia Gas of Massachusetts (A Nisource Mass DOT District 2 return key. Company) Name 2025 Roosevelt Avenue, P.O. Box 2025 811 North King Street Mailing Address Mailing Address Springfield MA 01102 Northampton MA 01060 CitylTown state Zip Code CitylTown State Zip Code 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Replacement of Natural Gas Main Within Main_Street(MA 159) Right of Way, 1/5/11 Title Date Agawam, Massachusetts _ TitleDate Title Date 2. Date Request Filed: January 7, 2011 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Replace existing gas main with new 6" intermediate pressure natural gas piping in Main Street approximately 6,550 If between Adams Street and Six Flags. D �rn Project Location: 3+tn Main Street(near#1443 and#1508) Agawam Street Address City/Town 4r STA 160+1-thru 174+/-on S.H,L.O. 1901 & 1911 Assessors Map/Plat Number ParceULot Number wpaform2.doc•rev.12115= Page 1 of 5 [L Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2.— Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) islare applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s)and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s) and documents) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpeform2.doc•rev.12115W Page 2 of 5 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §46 B. Determination (cost.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1_The area described in the Request is not an area subject to protection under the Actor the Buffer Zone. ® 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection.under the Act. wpatorm2.doc•rev.12l15MO Page 3 cf 5 LIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatorylregulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on 93 by certified mail, return receipt requested on January 31 , 2011 Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Appendix A) and t property owner(if different from the applicant). ❑❑Signatures: r January 27, 2011 Date wpaform2.doc•rev.12M5100 Page 4 of 5 Agawam Conservation Commission December 9, 2010 Page I AGAWAM CONSERVATION COMMISSION December 9,2010 MEMBERS PRESENT: Henry A. Kozloski Sheryl Becker Fred Harpin Jill Messick Mark Soticheck MEMBERS ABSENT: c� a Steven Douglas Magda Galiatsos ALSO PRESENT: yv' Deborah S. Dachos Pamela R. Kerr rn Cam_ Mr. Kozloski called the meeting to order at 6:30 PM. ; 1. PUBLIC HEARING—Notice of Intent—Mark Drive—Langone Joe Petronino of Environmental Services was in attendance to present this NOI for the construction of a duplex on Mark Drive. Work is proposed in the outer riparian zone on this lot. Mr. Petronino stated that there was a survey error on the plan which states 1070 SF of outer riparian impacts and it should read 1170 SF of outer riparian impacts. He stated that an arborvitae hedge was planted on this lot prior to the submittal of the notice of intent which is not a native species. DEP has withheld issuance of a file number for this project while they investigate wetland violations on this lot and other land owned by Langone on Mark Drive. Mr. Petronino stated that there was a site walk today with Dave Foulis and Karen Hirschberg of DEP. According to Mr.Petronino, Mr. Langone's lawyer was also present and explained to the DEP reps the recording date of the property and that the original subdivision was approved in the 70's; the house at the end of Mark Drive was constructed prior to the Rivers Protection Act. He stated that DEP found several violations (lot cleared without valid permit; lot across the street also cleared). Mr. Kozloski asked why the Commission was not informed of this site walk. Mr. Petronino stated that he was not aware that DEP had not invited the Commission members. He then stated that per the Engineering Department, drainage calculations are being prepared for submittal to the Town for the dry well that will service this lot and the lot next door. He went on to say that per DEP the entire riverfront area is to be flagged, including across the street where the house was already approved. Agawam Conservation Commission December 9, 2010 Page 2 Motion was made by Mr. Harpin and seconded by Ms.Messick to continue the public hearing for the Langone Notice of Intent on Mark Drive as DEP has not yet issued a file number and Engineering Department comments are to be addressed. VOTE 5-0 2. CERTIFICATE OF COMPLIANCE—Mark Drive—Langone Prior to the last meeting Mr. Langone requested a Certificate of Compliance for the duplex on Mark Drive across the street from the new filing. The Commission had tabled that requested until a site visit was held. Since then, Mr. Langone has requested an amendment to that Order of Conditions to allow for the construction of three sheds on the property. Motion was made by Mr. Soticheck and seconded by Ms. Becker to deny the Certificate of Compliance for Langone on Mark Drive as additional work is being requested on this lot. VOTE 5-0 3. REQUEST TO AMEND ORDER OF CONDITIONS—Mark Drive— Langone Mr. Petronino explained that Mr. Langone is proposing to construct three sheds on this lot. The sizes of the sheds are 10' x 15' and 20' x 30'. No information was provided on the amount of additional resource area impacts. Motion was made by Mr. Harpin to allow this work through an amendment to the Order of Conditions There was no second to this motion. Motion was made by Mr. Soticheck to require a new Notice of Intent for three proposed sheds by Langone There was not second to this motion. Discussion: Ms. Dachos asked what additional resource area impacts would be as a result of these sheds. Mr. Petronino did not have those figures available this evening. Motion was made by Ms. Becker and seconded by Ms. Messick to require a new Notice of Intent for the addition of three sheds on Mark Drive as requested due to additional resource area impacts. VOTE 3-2 (Harpin & Kozloski opposed) 4. PUBLIC HEARING CONT..—Notice of Intent— St. Jacques Avenue—W&I Construction Agawam Conservation Commission December 9, 2010 Page 3 The applicant requested that this item be continued once again as they are addressing the issue of the filing applicant and the Town's delinquent tax list. Motion was made by Mr. Harpin and seconded by Ms. Becker to continue the public hearing for St. Jacques Avenue to the next meeting as requested by the applicant. VOTE 5-0 Mr. Harpin left the meeting at this time. 5. PUBLIC HEARING CONT. —Notice of Intent—Federal Street--Tirone Development Corp. Rob Levesque was in attendance to present a revised plan to the Commission. He explained that the changes are outlined in his December 8`"letter and then reiterated the changes to the Commission: per the Commission the building envelopes on lots 2, 3 and 4 have been shifted. The limited of work areas now include removal of trees. Sidewalks are now shown on both sides of the road. Grading and drainage changes were made to increase the cover over the sewer; the roadway elevation has changed. Mr. Kozloski stated that he does not feel that enough trees have been shown to be planted along the limit of work line. Mr. Levesque stated that the trees will provide a visual indication of the limit of work line. Mr. Kozloski asked if there will be a decrease in the amount of water going to the wetland. Mr. Levesque stated that generally no,the wetland is being fed by a seep in the slope. Mr. Kozloski then asked for the distance on lot 1 from the corner of the house to the top of the swale that is shown. Mr. Levesque stated that there is approximately 10' from the center of the swale to the corner of the house and there will be less than a foot in grade. Mr. Kozloski asked for the size of the building envelop on lot 1. Mr. Levesque stated that it is 30' x 50'. He then stated that the top of the swale on lot I is approximately 4 to 5' from the corner of the house and 15' at its farthest. Mr. Kozloski asked if the water line in Federal Street would be upgraded and if it would be done prior to building on the project. Mr. Levesque stated yes it is proposed to be upgraded and will go in first and will be done prior to paving Federal Street. Mr. Kozloski asked for any public input. Deborah Lefferts, 72 Federal Street stated that there is perpetual water damage on Federal Street and asked what assurance the existing homeowners have that this subdivision will not make that problem bigger. Mr. Levesque explained that there are four catch basins in the new road and they will be upgrading the drainage line in Federal Street. Mrs. Lefferts stated that the problem is up-gradient from this site. Mr. Levesque stated that this project will have no impact up-gradient of this site. Mrs. Lefferts ask how they would be compensated for the effect of this project on their property values. She stated that the developer has requested a variance as the house is close to the abutting homes. Ms. Dachos stated that no variances have been requested. Ron Plante, 31 Federal Street stated that there is a 4" dip to the back of his lot and asked what assurance he would have that raising the grade will not result in his backyard Agawam Conservation Commission December 9, 2010 Page 4 getting water. Mr. Levesque explained that the water is being directed away from his lot. He went on to say that sump pumps may be required in the new homes. Valerie Douglas, 109 Federal Street is concerned that water is being pushed towards her property and may cause standing water and a bigger mosquito problem. Mr. Levesque stated that the water will flow generally as it does now and it should not increase what is there now. Debra Leffert, 72 Federal Street stated that she has a sump pump in her home and is afraid that this development will make her situation worse. Margaret Collins, 184 Main Street asked what an english basement is and for the amount of fill needed for the project. Mr. Levesque explained that an english basement is a partial walk-out which adds approximately 1/2 story to the building. Ms. Collins asked if the highest home would be a two story. Mr. Levesque states that yes it could be or a ranch. John Unideer, 49 Federal Street stated that his home is behind lot 4 and asked what guarantee he has that the drainage design will work. He went on to say that the property is a swamp. Mr. Kozloski expressed concern with the new homeowners filling in the swales. He also stated that he is concerned with heavy snow ask the regulations don't address that. He went on to say that maintenance of the swales will be added to the Order of Conditions. Mason Soja, 184 Main Street stated that per Mr. Levesque there will be approximately 2300 cubic yards of fill needed for the project. He stated that he had a peer review done of the plan and it was estimated to him that 6400 cubic yards of fill will be needed which is a big discrepancy. He went on to say that this is a bad plan, the property is wet and should be considered a typical silver maple swamp. Mr. Levesque stated that the fill calculation of 2300 cubic yards is accurate and that the person that reviewed the plan for Mr. Soja may not have accounted for the excavated material for the road. Mac Lynch, 35 Federal Street stated that he has concerns with the drainage of lot 1 and potential runoff from the road onto his property. He also stated that lot 2 is `shoehorned' between the wetlands. Mason Soja stated that the swale proposed could overflow and run onto the lowest point which is his property. Mr. Kozloski stated that the drainage is designed for a 100 year storm. Ron Plante, 31 Federal Street asked if the Town hired someone for the wetland delineation. Ms. Messick stated that the Conservation Commission members walked the property to view the wetland flags and did soil borings and they did not hire anyone for the delineation. Agawam Conservation Commission December 9, 2010 Page 5 John Unideer, 49 Federal Street asked why there was not an engineer at the meeting to ask questions of. Ms. Messick stated that the Town Engineering Department reviews the plans for the Commission and that abutters could contact them for an appointment to ask questions regarding the plan. Mason Soja then asked if Mr. Soticheck was an engineer. Mr. Soticheck stated yes, for 35 years. Mr. Soja asked if Mr. Soticheck worked for R. Levesque. Mr. Soticheck stated no but he worked with his father years ago. There being no further public input,the Commission closed the public hearing. 6. DISCUSSION—Order of Conditions South Westfield Street—First Nine LLC &RATIFY ENFORCEMENT ORDER John Dziengelewski of Crestview Contractors was in attendance to go over the Order of Conditions with the Commission. Mr. Kozloski explained that he issued this Enforcement Order as construction work had started without the applicant notifying the Conservation Commission and the DEP sign was not up. Motion was made by Mr. Soticheck and seconded by Ms. Messick to ratify the Enforcement Order issued to First Nine LLC on South Westfield Street. VOTE 4-0 Motion was made by Mr, Soticheck and seconded by Ms. Becker to lift the Enforcement Order issued to First Nine Realty LLC as they have met the requirements. VOTE 4-0 The members then wrote the Order of Conditions for Mariella Place on Federal Street. A copy can be obtained from the Town Clerk's office or the Conservation Commission office. Motion was made by Ms. Becker and seconded by Mr. Soticheck to issue the Order of Conditions for Mariella Place as written. VOTE 3-1 (Messick opposed) 7. ENFORCEMENT ORDER UPDATES River Road—nothing new to report. Robin Ridge—nothing new—these Enforcement Orders will remain in place. Optasite—Main Street—Mr. Kozloski stated that he has still not received a call from DEP. Agawam Conservation Commission December 9, 2010 Page 6 Barn Road—Mr. Kozloski stated that the work has been done on this lot as well as the Country Road lot by Mr. Calabrese. He recommended they be lifted. Motion was made by Ms. Messick and seconded by Mr. Soticheck to lift Enforcement Orders issued to Mr. Calabrese on Barn Road and Country Road as the work has been completed as required. VOTE 4-0 Coloinal Avenue (ratify)—Mr. Kozloski stated that he issued this Enforcement Order for the construction of a shed on a lot with a stream behind it. The owner then contacted the office and he and Ms. Messick met on-site with him. Motion was made by Ms. Messick and seconded by Mr. Soticheck to ratify the Enforcement Order issued on Colonial Avenue. VOTE 4-0 Mr. Kozloski stated that as a result of the site visit, a Request for Determination will be filed by the homeowner for the next meeting. Anvil Street—this Enforcement Order will remain in effect. Town of Agawam---Losito Lane—Mr. Kozloski stated that the work under this Enforcement Order has been completed and he recommends it be lifted. Motion was made by Mr. Soticheck and seconded by Ms. Becker to lift the Enforcement Order issued to the Town of Agawam for work on Losito Lane as the work has been completed. VOTE 4-0 Robinson Park—Mr. Kozloski stated that the blueberry bushes have been planted and grass is growing. In the second area the riprap is in but-the area was not totally seeded. 73 Elizabeth Street—Mr. Kozloski stated that the swale has been installed however the Engineering Department is not satisfied with it and will be working with the builder. S. CORRESPONDENCES AND COMPLAINTS The Commission received a memo from the Planning Board asking for any comments they might have on a proposed zoning amendment to allow for the construction of a cell " tower behind the Agawam Methodist Church on Mill Street. The members had no comments on the zoning amendment request. Agawam Conservation Commission December 9, 2010 Page 7 Mr. Kozloski stated that a complaint was received regarding leaves being piled next to a stream on Mill Street. He asked that a letter be sent to the property owner stating that this is a violation. 9. APPROVAL OF MINUTES —October 28,2010 Motion was made by Mr. Soticheck and seconded by Ms. Becker to approve the minutes of October 28, 2010 as written. VOTE 4-0 The meeting adjourned at 8:30 PM. 1 Agawam Conservation Commission October 28, 2010 Page 1 AGAWAM CONSERVATION COMMISSION October 28, 2010 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Magda Galiatsos Jill Messick Mark Soticheck—6:40 PM MEMBERS ABSENT: Steven Douglas Fred Harpin ALSO PRESENT: Pamela R. Derr Mr. Kozloski called the meeting to order at 6:30 PM. � 1. REQUEST FOR DETERMINATION—737 North Street—Stillo Ms. Stillo was in attendance this evening to present this RDA far the construction of 22' x 26' garage. Mr. Kozloski and Ms. Messick met on-site to view the area. Ms. Stillo stated that since the site visit she has spoken with the Building Inspector and was informed that she could move the garage five feet closer to her existing home. This idea was discussed at the site visit and would allow it to be approximately 25' from the wetland. Mr. Kozloski stated that the area is mostly flat but then drops down approximately five feet to the wetland. He recommended that strawbales be placed along the top of the slope. The members were in agreement with that recommendation. Motion was made by Ms. Messick and seconded by Ms. Becker to issue a Negative Determination of Applicability for Stillo at 73 North Street,requiring that strawbales be placed along the top of the slope and the Commission is to be notified when they are in place for an inspection. VOTE 4-0 2. PUBLIC HEARING CONT.—Notice of Intent— St. Jacques Ave. —W&I Construction The applicant requested that this hearing be continued once again to the next regularly scheduled meeting. Motion was made by Ms. Messick and seconded by Ms. Becker to continue the public hearing for the St. Jacques Notice of Intent by W&I Construction as requested. Agawam Conservation Commission October 28, 2010 Page 2 VOTE 4-0 3. PUBLIC HEARING CONT. —Notice of Intent—Federal Street—Tirane Development Corp. The applicant's representative requested another continuance of this public hearing as they are working on addressing the Engineering Department comments. Motion was made by Ms. Messick and seconded by Ms. Becker to continue the public hearing for the Federal Street Notice of intent to the next Commission meeting as requested by the applicant's representative. VOTE 4-0 4. DISCUSSION—Fence Sketch-Wendy's— 1340 Springfield Street Tim Coon of JR Russo Associates was in attendance to present a proposed fence sketch for the Wendy's site on 1340 Springfield Street. He explained that the Board of Appeals Decision requires the applicant block off the footpath at the rear of the Wendy's site. He stated that an abutter had asked the ZBA to block off that area as it impacts her property. Mr. Kozloski stated that he contacted DEP regarding this matter and was told that a Notice of Intent would be required and also an alternatives analysis. The proposed sketch shows a fence going through the wetland. Mr. Kozloski asked if it could be put anywhere else with less wetland impacts. Mr. Coon stated no but that they have also discussed the possibility of a vegetated barrier as an alternative to a fence. Mr.Kozloski stated that alternative may be done through an amendment to the Order of Conditions rather than a new Notice of Intent and alternatives analysis. The members were in agreement that a vegetated barrier would have far less impacts to the wetland. Mr. Coon stated that he will submit a new sketch showing plantings rather than a fence. 5. REQUEST FOR EXTENSION—Northfield Estates Order of Conditions The developer has requested a one year extension to the Northfield Estates Order of Conditions which will expire on November 29, 2010. Motion was made by Ms. Messick and seconded by Mr. Soticheck to extend the Order of Conditions for Northfield Estates for one year to November 29, 2011. VOTE 5-0 6. CERTIFICATE OF COMPLIANCE—Mark Drive—Langone Mr. Kozloski stated that an on-site with the owner is needed for this request. Agawam Conservation Commission October 28, 2010 Page 3 Motion was made by Mr. Soticheck and seconded by Ms. Becker to table the request for Certificate of Compliance to the next meeting to allow for a site visit with the owner. VOTE 5-0 7. CERTIFICATE OF COMPLIANCE— 184 Tobacco Farm Road Mr. Kozloski made this inspection and recommended issuance of a Certificate of Compliance. Motion was made by Mr. Soticheck and seconded by Ms. Becker to issue a Certificate of Compliance on 184 Tobacco Farm Road. VOTE 5-0 8. ENFORCEMENT ORDER (updates) Anvil Street—northing new to report. River Road (trucking concern)—members asked that a letter be sent to Mr. Townsend Asking when he intends to make the connection to the drain pipe as proposed. Robin Ridge—Mr. Kozloski stated that on lot 5 they are working outside of the building envelop that was approved. It was suggested that pictures of the lot be sent to NHESP. He stated that the other lots now have their silt fences up. Optasite Towers, Main Street—Mr. Kozloski stated that there is a site visit scheduled for next Wednesday with DEP Hazardous Waste division. He went on to say that a good portion of the debris has been removed some remains. He stated that it must now be determined that the area has been brought up to its proper grade and meets DEP requirements. Barn Road and Country Road—Mr. Kozloski stated that the Enforcement Orders instructed Mr. Calabrese to use no heavy equipment when cleating up the area as ordered, however,the work has been done and he used a small tractor and backhoe. He recommended that the Enforcement Orders not be lifted at this time to allow another inspection to check on the grading and seeding. Town of Agawam—Losito Lane—Mr. Kozloski stated that he inspected this work and found that two of the large riprap blocks have fallen into the stream. He stated that he will send a memo to the DPW informing them of that. Robinson Park—Mr. Kozloski stated that the wetland vegetation is starting to come back on its own and he will continue to check to see if the shrubs have been planted per the Enforcement Order. 9. Correspondences/Complaints Ms. Messick stated that she received a phone call from Kyle Moquin who will be doing the work at 148 Edgewater Road. The owner of 148 Edgewater Road, Elizabeth Kovalsky, contacted the Commission last month regarding trees that have come down on M Agawam Conservation Commission October 28, 2010 Page 4 her land. Mr. Kozloski and Ms. Messick met on-site at that time with Ms. Kovalsky and viewed the trees. A portion of one large tree split and has fallen into Silver Lake and another large tree has come down. Mr. Moquin is proposing to go out in a boat and limb the tree and then use block and tackle to remove them. The members agreed to allow this work under an Emergency Order as there is a potential threat or danger to the public. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue an Emergency Order to Kovalsky, 148 Edgewater Road giving them 30 days to complete the work as outlined by Mr. Moquin, and to remove the trunks from the bank but the stumps are to remain. VOTE 5-0 73 Elizabeth Street—A follow-up inspection was made and the swale has not yet been constructed. The members issued a letter from the last meeting stating_ that the swale must be constructed or an Enforcement Order will be issued. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to issue an Enforcement Order for the construction of a swale on 73 Elizabeth Street. VOTE 5-0 WMECO—Agawam/West Springfield Circuit Separation Mr. Kozloski and Ms. Messick met on-site with WMECO's representative at Maple Street to view an area where work is being proposed at this time. Mr. Kozloski updated members on the site visit that was held with a DCR representative in Robinson Park to view the Red Trail. DCR is,applying for a grant to make a portion of this trail more accessible. He stated that since the site visit he has sent a letter of support from the Conservation Commission and he also asked the ADA Committee to send a letter of support. A Notice of Intent will be filed for the work. The members then discussed an email from Mark Stinson of DEP regarding a request for information by Mr. Conley of Agawam. Mr. Conley was in attendance this evening and stated that he is satisfied with the response he received from DEP regarding how work can be proposed or done on a portion of the Red Trail near May Hollow, He stated that he is aware that it would be a decision of DCR to do such work and he just wanted information for his one use. He went on to say that he walked the area today with a representative of DCR to point out the area of erosion that he*is concerned with to make the Park representatives aware of it. Motion was made by Ms. Messick and seconded by Mr. Soticheck to issue an Enforcement Order to DCR requiring them to submit a plan within ten days of receipt of the Enforcement Order on how they plan to solve the erosion problem that exists near the w Agawam Conservation Commission October 28, 2010 Page 5 power lines where they cross River Road in the Park and the plan shall also address how the will prevent future erosion. VOTE 5-0 10. APPROVAL OF MINUTES —October 14, 2010 Motion was made by Ms. Messick and seconded by Ms. Galiatsos to approve the minutes of October 14,2010 as written. VOTE 5-0 The meeting adjourned at 7:30 PM. Agawam Conservation Commission October 14, 2010 Page 1 AGAWAM CONSERVATION COMMISSION October 14, 2010 MEMBERS PRESENT: Henry A. Kozloski, Chairman Magda.Galiatsos - Fred Harpin = Jill Messick Mark Soticheck MEMBERS ABSENT: Sheryl Becker Steven Douglas ALSO PRESENT: Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. PUBLIC HEARING—Notice of Intent— St. Jacques Avenue—W&I Construction Mr. Kozloski explained that the applicant submitted a written request to continue this public hearing as they have not yet received a DEP File number or comments from the Engineering Department. Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to continue the public hearing for St. Jacques Avenue to the next meting of October 28, 2010 as requested by the applicant. VOTE 5-0 2. PUBLIC HEARING CONT. —Notice of Intent—Federal Street—Tirone Development Corp. The applicant's representative requested that this hearing be continued to October 28, 2010 as they are still working with the Engineering Department to resolve their concerns. Motion was made by Ms. Galiatsos and seconded by Mr. Soticheck to continue the public hearing on the Federal Street Notice of Intent for Tirone as requested by the applicant's representative. VOTE 5-0 3. ENFORCEMENT ORDER(updates) Anvil Street—nothing new to report. River Road(trucking co.)—nothing new to report. Agawam Conservation Commission October 14, 2010 Page 2 Los ito Lane—Town of Agawam—Mr. Kozloski stated that he will make a re-inspection to see if the work has been completed. Robinson Park—Mr. Kozloski stated that he has made a recent inspection and found that the grass is growing in the wetland area. The wood has not been chipped or spread out yet: Optasite Towers—Main Street (ratify)—Mr.Kozloski stated that he issued this Enforcement Order for the removal of rubbish from the cell tower site behind Mushy's. He stated that he has notified DEP Hazardous Waste Section of the Enforcement Order. Motion was made by Mr. Soticheck and seconded by Ms. Messick to ratify the Enforcement Order issued to Optasite Towers on Main Street. VOTE 5-0 Robin Ridge--As a result of recent site visits with some of the lot owners and Rob Levesque it was found that some silt fences that were installed have been either removed or are in need of repair and some of the lots have no.gilt fences installed. Lot 1 —Mr. Kozloski stated that he has made a follow-up inspection and found that the silt fence has been installed correctly. The office can now sign off on the "white form" for lot 1. Members suggested that a letter be sent to the owner stating that the silt fence has been approved and must be maintained and monitored on a monthly basis. Commission members will make periodic inspections. Motion was made by Mr. Soticheck and,seconded by Ms. Galiatso to send a letter to the owner of lot 1 Robin Ridge stating that the silt fence has been approved and must be maintained and monitored on a monthly basis. Commission members will make periodic inspections. VOTE 5-0 The owner of lot 1 also owns lot 6. The office was informed that the silt fence has been installed on lot 6,however, Mr. Kozloski asked that the owner's surveyor send a letter to the Commission certifying that the silt fence is in the proper location. He has inspected the silt fence.and once the letter from the surveyor is received,the following letter will be sent: Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to send a letter to the owner of lot 6 Robin Ridge stating that the silt fence has been inspected and approved and that it must be maintained and monitored on a monthly basis; and that Commission members will make periodic inspections. VOTE 5-0 Members viewed the silt fence on lot 2 and asked that the same letter be sent to that property owner regarding maintenance of the silt fence. Agawam Conservation Commission October 14, 2010 Page 3 Motion was made by Mr. Soticheck and seconded by Ms. Messick to send a letter to the owner of lot 2 Robin Ridge stating that the silt fence has been inspected and approved and that it must be maintained and monitored on a monthly basis; and that Commission members will make periodic inspections. VOTE 5-0 Lots 3, 4, and 5—the members agreed that an enforcement order be issued to each lot owner stating that the silt fence must be repaired/reinstalled per the approved plan; must be maintained and monitored on a monthly basis; Commission members will make periodic inspections; and all NHESP requirements are to be met. Motion was made by Mr. Soticheck and seconded.by Ms. Messick to issue enforcement orders to the owners of lots 3, 4 and 5 Robin Ridge stating that the silt fences on these lots must be repaired/reinstalled per the approved plan;monitored and maintained on a monthly basis; period inspections by Commission members will be made; and all NHESP requirements are to be met. VOTE 5-0 4. Correspondences/Complaints Mr. Kozloski stated that he was notified by phone from a representative of Robinson Park that they have been working to correct the erosion problem by the power line on a temporary basis. Mr. Kozloski stated that he will make another inspection prior to the next meeting. Dave Conley, Edgewater Road, was in attendance and asked if he could pose a question to the members regarding a trail in the Park. He stated that there is a portion of a hiking trail in or near a wetland in the vicinity of May Hollow that becomes very muddy during wet times of the year. His question was can the level of the trail be raised or a perhaps a boardwalk in that portion. Mr. Kozloski stated that is a difficult question to answer without a plan or proposal. Members agreed that he should contact DEP for their input on such a possibility. Country Road--Mr. Kozloski explained that the office received a complaint that Mr. Calabrese was working with a bulldozer on the lot that he owns on Country Road (abuts to lot of same owner on Barn Road). There is a stream and wetland associated with both of these lots. Members went out to the site immediately and found that he was in fact working with the bulldozer and had cleared a good amount of the lot. He told the members that he received a letter from Inspection Services regarding the treebelt ordinance that must be enforced. Mr. Calabrese was told to stop the work. Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to issue an Enforcement Order to Charles Calabrese for his lot on Country Road stating that all debris along brook edge is to be removed from the site and disposed of in a proper i Agawam Conservation Commission October 14, 2010 Page 4 manner. Disturbed areas are to be graded back to original grade with a york rake (no heavy equipment). All disturbed area is to be fertilized and seeded. This work is to be completed within ten days of receipt of Enforcement Order. The Conservation Commission is to be notified for a re-inspection prior to the Commission's October 28, 2010 meeting. VOTE 5-0 Mr. Calabrese had also done work on the Iot behind this one that fronts on Bam Road. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue an Enforcement order to Charles Calabrese for his lot on Barn Road stating that all disturbed area is to be graded to original conditions;only small equipment is to be used. All branches and debris to be removed from the site. The disturbed areas must be fertilized and seeded. This work is to be completed within ten days of receipt of Enforcement Order. The Conservation Commission is to be notified for a re-inspection prior to the Commission's October 28, 2010 meeting. VOTE 5-0 Country Road—A phone call was made to the office from a resident on Country Road regarding work that his neighbor on Barn Road had done along the stream which has caused flooding on his property. 'Mr. Kozloski stated that he met with the gentleman on Barn Road that did the work and then subsequently met on-site with Mike Albro of the Engineering Department to determine if the Town can provide any assistance. A memo was received from Mr. Albro basically stating that the Town cannot provide any assistance as there is no drainage easement found on record. Mr. Kozloski stated that he will talk directly with the Town Engineering when she returns to the office next week and will make a report at the next meeting. 73 Elizabeth Street—The members received another letter from the Saraglou's'who own 73 Elizabeth Street. A site visit was held in June with the homeowners and the.builder to view an area at the back of this lot that holds water. It was agreed at that time by all present that the builder would construct a Swale to direct the water off the back of the lot. A partial Certificate of Compliance was issued, with $1,000 being held back by the buyer's attorney. The swale has not yet been constructed. Motion was made.by Mr. Soticheck and seconded by Ms. Messick to send a letter to the builder stating that the swale as agreed upon must be constructed within seven days or the Commission will issue an Enforcement Order. VOTE 5-0 5. APPROVAL OF MINUTES—September 23, 2010 ., Agawam Conservation Commission October 14,2010 Page 5 Motion was made by Mr. Soticheck and seconded by Ms.-Messick to approve the minutes of September 23, 2010 as written. VOTE 5-0 The meeting adjourned at 7:15 PM. Copies of all documents and correspondences referred to in these minutes can be obtained from the Agawam Planning Department. j oc,•r► Agawam Conservation Commission September 9, 2010 Page I AGAWAM CONSERVATION COMMISSION September 9, 2010 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker �E Fred Harpin - = Jill Messick Mark Soticheck MEMBERS ABSENT: Steven Douglas Magda Galiatsos ALSO PRESENT: Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. REQUEST FOR DETERMINATION—40 Ellington Street--Truong Mrs. Truong was in attendance this evening. This RDA involves the installation of an 18' above ground pool with deck (on sona tubes)with 13' x 10' entrance/egress; construction of stockade fence. She stated that the area has been cleaned up as well. Mr. Kozloski explained that he has been out to this site as a result of complaints from a neighbor and that while the pool has already been constructed on top of the hill, the area will not impact the wetland located down below. He recommended a Negative Determination be issued . Motion was made by Mr. Harin and seconded by Ms. Becker to issue a Negative Determiaation of Applicability for Truong at 40 Ellington Street. VOTE 5-0 Motion was made by Mr. Soticheck and seconded by-Ms. Messick to amend the order of the agenda. VOTE 5-0 4.. DISCUSSION—2010 Road Paving Projects—Agawam DPW Anthony Syliva, Superintendent of the Department of Public Works was in attendance to go over a list of streets that they wish to make road improvements including milling and overlaying in.2010. He stated that this work is dependent on available funding. The list includes: Springfield Street (Rowley to Mill St.); Losito Lane (entirely); Line Street (entirely); Poplar Street(Garden St. to 300' north of Rising Street); Barry Street(upper: Agawam Conservation Commission September 9, 2010 Page 2 South West St. to Southwick/CT Iine); Barry Street(lower: 300 LF shim approximately ##30-##116,and 300 LF shim approximately from Oakmont Place to#220);Adams Street (Main St. to brook crossing, approximately 550 LF); Channel Drive (River Rd. to #51, approximately 680 LF); North West Street(shim in various locations); North Westfield Street (shim various locations); Hendom Drive(South•Westfield St. to Paul Revere Drive); Federal Street (entirely); and Bridge Street(entirely). He explained that all of the above projects are proposed for mill and overlay except for Losito Lane which is planned for reclamantion then repaving. He also stated Chapter 90 funding will dictate the number of these streets that actually receive this work. The members were in agreement that no Notice of Intent be required for the milling and overlaying, however, if any work outside of the ROW is proposed then the Commission is to be notified. Motion was made by Mr. Harpin and seconded by Mr. Soticheck that the list of streets Proposed for milling and overlaying in 2010 by the Agawam DPW does not require the filing of a Notice of Intent, however, if any work is proposed outside of the ROW, the Commission is to be notified. VOTE 5-0 2. PUBLIC HEARING—Request to Amend Order of Conditions—Twisty's— 1504 Main Street—Cirillo Mr. Cirillo was in attendance this evening to answer questions on his proposed 12' x 10' addition. Mr. Kozloski asked if the area under the addition would be impervious. Mr. Cirillo stated no, the addition will be built on sona tubes so the runoff would be the same, There being no public input, Mr. Kozloski closed the public hearing. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue an Amended Order of Conditions for Twisty's, 1504 Main Street. VOTE 5-0 3. PUBLIC HEARING CONT. —Notice of Intent—Federal Street—Tirone Rob Levesque was in attendance as well as Mr. Tirone. Mr. Levesque explained that a recent site visit with Commission members was held and they have since shifted the building envelope on lot 2 closer to the street and the building envelope on lot 3 was shifted towards the property line on lot 4 which allows lot 3 a 25' backyard to the bordering vegetated wetland and on lot 4 the building envelope was shifted towards the street and now is entirely out of the buffer zone. He submitted a revised plan this evening which addresses the Engineering Department concerns for the Conservation Commission. Engineering has not yet seen the revised plan. Mr. Kozloski asked for any public input. Mason Soja, 184 Main Street asked what he height of the road is at the rear of the existing houses on Federal Street. Mr. Levesque stated that the beginning of the proposed roadway from Federal Street is pretty much at grade and then at the end of the Agawam Conservation Commission September 9, 2010 Page 3 new roadway it will be raised 4'. Mr. Soja asked how they would prevent more water draining towards his property with this land being filled. Mr. Levesque explained the backyards of these abutting lots will drain to a swale and then to the isolated wetland and the front yards will drain to the new street. Margaret Collins, 184 Main Street asked how much fill would be brought in to this site. Mr. Levesque stated that he did not have that information available at this time. Ms. Collins then asked if any new catch basins were being provided in the street. Mr. Levesque stated no,just at the end of the new street at Federal Street. Mr. Soja then asked what would prevent the water from the isolated wetland from going onto his property. Mr. Levesque stated nothing, that the water flows there now. Mr. Kozloski stated that the Engineering Department checks the design and calculations to ensure that pre and post flows are equal. Mr. Soja then asked if this drainage design would hurt the isloated wetland. Mr. Kozloski stated that when subdivisions are constructed the wetlands may dry up a littled bit,however, the subdivision design must meet the regulations. Since the revised plan has not yet been reviewed by the Engineering Department, the Commission continued this public hearing to the next meeting. 4. REQUEST FOR EXTENSION--Ridgeway Drive—Guiel Mr. Guiel was in attendance this evening and explained that he has someone interested in purchasing this lot, however, it is pending an extension of the Order of Conditions. The original Order was issued in 2005 and the last extension was issued in 2009. There was discussion regarding the new legislation signed by the Governor that gives an automatic two year extension to certain permits issued in certain years. The last extension that was granted was accompanied by a letter from the Commission stating that this would be the last extension as the wetland boundaries may have changed. In conclusion, the members agreed to table action on this request and research through DEP whether the new legislation would pertain to the last extension permit. Motion was made by Ms. Messick and seconded by Mr. Soticheck to table the Request for Extesnion by Guiel on Ridgeway Drive to the next meeting. VOTE 5-0 5. DISCUSSION—Prince Lane This item was placed on the agenda at the request of Sirgay Savonin who was in attendance this evening as well as Attorney Brian Fitzgerald and Stan Tenerowicz of Sweet Bay Environmental. Attorney Fitzgerald stated the Conservation Commission had denied an Order of Conditions for this lot and an appeal to DEP was made. DEP upheld the Commission's denial and the applicant withdrew his request for an aujudicatory hearing with DEP. He asked if the Commission would be open to heating alternative Agawam Conservation Commission September 9, 2010 Page 4 building plans for this property. Stanley Tenerowicz stated that he has reviewed the site and the previous filing and feels that there is a potential for submitting something that would satisfy the regulations. He went on to say that with the pre-existing conditions he feels they can better enhance the site. He stated that the property line extends beyond the perennial stream and that they could allow that area to "go natural". He stated that there is an area that has-been used as a dirt bike track that could be restored. The members were in agreement that the owner has a right to submit another Notice of Intent, however, they have made their concerns with this site clear with the previous filing. 6. ENFORCEMENT ORDERS - Anvil Street—nothing new to report. Robinson Park (ratify) Mr. Kozloski explained that he issued an Enforcement Order to DCR for the work that was done.with the vegetation removal/trimming along the power lines. Ms. Becker brought up the conservation management practices for the eastern box turtle. Mr. Kozloski stated that issue is out of the Commission's jurisdiction and is under NHESP's jurisdiction. Ms. Messick explained that a DCR staff member is being trained in turtle spotting and that should help prevent future NHESP violations. Motion was made by Ms. Messick and seconded by Mr. Soticheck to ratify the enforcement order issued to DCR for work in Robinson Park. VOTE 5-0 23 Kanawha Avenue— Mr. Kozloski recommended that this Enforcement Order be lifted as the owner has installed a fence along the wetland boundary to prevent further work in this area. Motion was made by Ms. Messick and seconded by Mr. Soticheck to lift the enforcement order issued to the owner of 23 Kanawha Avenue. VOTE 5-0 Ellington Street—This Enforcement Order can now be lifted as the Request for Determination was acted upon this evening. Motion was made by Mr. Soticheck and seconded by Ms. Messick to lift the Enforcement Order issued to Truong on Ellington Street. VOTE 5-0 Town of Agawam—Pheasant Hill/Tuckahoe (ratify) Agawam Conservation Commission September 9, 2010 Page 5 Mr. Kozloski stated that he issued this for repair of a drainage outlet pipe that was causing erosion. He stated that he was informed that the work has been completed under the Enforcement Order, however, a follow up inspection must be made. Motion was made by Ms. Messick and"seconded by Mr. Soticheck to ratify the Enforcement Order issued to the Town of Agawam for a drainage outlet behind Pheasant Hill VilIage/Tuckahoe. VOTE 5-0 10. APPROVAL OF MINUTES —August 12, 2010 Motion was made Mr. Soticheck and seconded by Ms. Messick to approve the minutes of August 12, 2010 as written. VOTE 5-0 Copies of all memos and correspondences referenced in these minutes can be obtained from the Conservation Commission office. The meeting adjourned at 8:00 PM. Agawam Conservation Commission July 22, 2010 Page 1 AGAWAM CONSERVATION COMMISSION July 22, 2010 MEMBERS PRESENT: Fred Harpin, Acting Chairman Sheryl Becker L Jill Messick = Mark Soticheck MEMBERS ABSENT: Henry A. Kozloski, Chairman Steven Douglas Magda Galiatsos ALSO PRESENT: Deborah S. Dachos Pamela R. Kerr Mr. Harpin called the meeting to order at 6:30 PM. I. ' APPROVAL OF MINUTES —June 24, 2010 Motion was made by Mr. Soticheck and seconded by Ms. Messick to approve the minutes of June 24, 2010 as written. VOTE 3-0-1 {Messick abstained) -2. PUBLIC HEARING.—Notice of Intent—Federal Street—Tirone Dev. Corp. Mr. Harpin announced that this hearing will be rescheduled for the next meeting as there will not be a quorum for that item this evening. 3. PUBLIC HEARING CONT. —Notice of Intent—Slope Stabilization—Six Flags New England' Dave Pickart of Vanasse Hangen Brustlin was in attendance this evening. He stated that he has now received a file number from DEP. The Commission also received that correspondence. All work under this NOT was done under,an emergency order issued by the commission with the exception of the plantings. Mr. Pickart stated that they will be installing the plantings later in the year, as it is too hot now. He also stated that the erosion control barriers must be removed. The members had no further questions on this filing and closed the public hearing. The Order will be written at the end of the meeting. 4. REVIEW ORDER OF CONDITIONS—Agawam/West Springfield Project— WMECO Agawam Conservation Commission July 22, 2010 Page 2 Rob Young of Burns & Mc Donnell was in attendance as well as Tom Deagan, also of Burns & McDonnell and Frank Bianca of Longfellow Drilling. Mr. Young stated that they are here this evening to fulfill a requirement of the Order of Conditions. He went on to explain the construction sequence: Right of way clearing; construction of access roads; placement of sediment/erosion controls; install crane pads; drilling crew to set new foundations and remove old ones; then install new structures. He stated that they anticipate the work beginning within two weeks. Ms. Messick asked if they would work through the winter. Mr. Young stated that depends on how much they get completed this Fall and what the winter weather is. He stated that they will not be working during the Big E. Ms. Messick asked about public notification. Mr. Young stated that the initial notices will be going out soon and that there will be a website as well as a 1-800# for information. Ms. Dachos asked if the erosion controls would be installed in stages. Mr. Young stated yes and that they will contact the Commission after each stage. There were no questions posed regarding the Order of Conditions. Motion was made by Mr. Soticheck and seconded by Ms. Messick to amend the agenda to include the "add-on's". VOTE 4-0 CERTIFICATE OF COMPLIANCE— 121 Elizabeth Street Ms. Messick made this inspection and found that the grass is growing. She recommended release of the $2,000 holdback. Motion was made by Ms. Messick and seconded by Mr. Soticheck to issue a Certificate . of Compliance on 121 Elizabeth Street, releasing the $2,000 holdback. VOTE 4-0 DISCUSSION—Engineering Department correspondence—School Street The Commission received a memo from the Engineering Department regarding two existing catch basins that are "old and in disrepair" in the vicinity of 321 School Street. Significant erosion is occurring at the outfall of these two basins. This situation is threatening the integrity of the roadway shoulder. They are proposing to replace the two existing"catch basins and 10"pipe with new catch basins and an 18"pipe. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue an Enforcement Order to the Town to replace the two exiting basins and pipe and install new basins with an 18"pipe; riprap is to be placed at the outfall and erosion and sediment controls shall be used as needed; all disturbed areas are to be loamed and seeded a the completion of the work; and the Conservation Commission is to be notified 24 hrs. in advance of the work taking place. VOTE 4-0 Agawam Conservation Commission July 22, 2010 Page 3 S. ENFORCEMENT ORDERS (update) Anvil Street—nothing new to report. River Road—Ms. Messick will check on the status of completing this work. 1744 Main Street—Cirillo—Mr. Soticheck stated that Mr. Cirillo has installed the fence as agreed to at the most recent site visit. Motion was made by Mr. Soticheck and seconded by Ms. Messick to lift the Enforcement Order issued to Cirillo for dumping in a wetland/buffer zone at 1744 Main Street. VOTE 4-0 23 Kanawha Avenue—Forrester Mr. Harpin stated that he will make a follow-up inspection to see if this work has been completed as agreed to. Robin Ridge Estates (2) Ms. Messick stated that there are two Enforcement Order issued on this project. One of them is for work on lot 2 which she stated has been completed. The outstanding issue on this Iot is that when the grading plan is prepared, a means of transporting the water from one side of the driveway to the other be provided. She recommended that this Enforcement Order be lifted at this time. Motion was made by Ms. Messick and seconded by Mr. Soticheck to lift the Enforcement Order issued for work on Lot 2 Robin Ridge Estates. VOTE 4-0 Ms. Messick stated that the other Enforcement Order has not been fully adhered to as the riprap basin in the back is to be made bigger. This Enforcement Order will remain in place. The members then.wrote the Order of Conditions for Six Flags N.E. Slope Stabilization Project. 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. Becker to issue the Order of Conditions for Six Flags New-England Slope Stabilization Project as written. VOTE 4-0 6. REQUEST TO AMEND ORDER--Coyote Realty Agawam Conservation Commission July 22, 2010 Page 4 Jay Lefebvre of Coyote Realty and Tim Coon of JR Russo & Associates were in attendance this evening to go over the new proposad for a Wendy's at the 1340 Springfield Street site. Mr. Lefebvre has an existing Order of Conditions for a retail and bank building for this site. Mr. Coon explained that the new proposal is a small footprint building and pavement and that the drainage will still sheet flow with a swale and 4' vegetated strip to a bio- filtration area and then to the wetland. He explained this new plan shows a 27%reduction in pervious area and proposed improvement include increase the size by 33% to 560 SF for the bio-filtration area. He went on to say that the original plan shows a connection to the adjacent parking lot. They are now proposing a grassed Swale between the two sites. Ms. Becker pointed out that the silt fences need to be repaired before construction begins. Mr. Lefebvre agreed to that and stated that he will be installing addition silt fences as well to protect the additional plantings he is proposing in the area of the bio-filtration area. Motion was made by Mr. Soticheck and seconded by Ms. Becker to allow for an Amendment to the Order of Conditions for the new proposal at 1340 Springfield Street rather than requiring a new Notice of Intent,as the wetland impacts are less than originally approved. VOTE 4-0 The meeting adjourned at 7:15 PM. Agawam Conservation Commission June 10, 2010 Page 1 AGAWAM CONSERVATION COMMISSION June 10, 2010 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Steven Douglas --• 0 Magda Galiatsos Jill Messick MEMBERS ABSENT: = Fred Harpin Mark Soticheck r: Mr.Kozloski called the meeting to order at 6:30 PM. I. APPROVAL OF MINUTES —May 27, 2010 Motion was made by Ms. Galiatsos and seconded by Ms. Becker to approve the minutes of May 27, 2010 as written. VOTE 5-0 2. REQUEST FOR DETERMINATION CONT. —Garden Street—Russo Mr. Russo's representative requested that.this item be continued to the next meeting. A revised plan is being prepared and a site walk will be scheduled prior to the next meeting. Motion was made by Ms. Becker and seconded by Mr. Douglas to continue the RDA for Russo on Garden Street to the next meeting as requested. VOTE 5-0 3. ENFORCEMENT ORDERS (updates) Anvil Street--nothing new to report. Discussion of sending letter to occupants/owners of new home. Possibly Engineering should send such letter. Robin Ridge—Discussion of recent site visit at which a representative of the Engineering Department was present. It was discussed that more riprap needs to be placed on the left side, going up about two feet, of the outlet from the detention pond. Also discussed concerns about design for Lot 5, that there should be a culvert going under the road at the beginning of the driveway to divert water which pools there. Ellington Street—Motion was made by Ms. Galiatsos and seconded by Ms. Becker to ratify the Enforcement Order on Ellington Street. VOTE 5-0 K Agawam Conservation Commission June 10, 2010 Page 2 Mr. Kozloski stated that the owner's representative has contacted the office for a re- inspection as the the work has been completed per the Enforcement Order. He will re- inspect prior to the next meeting. 23 Kanawha Avenue— Motion was made by Ms. Gaiiatsos and seconded by Ms. Becker to ratify the Enforcement Order for 23 Kanawha Avenue for filling near a wetland. VOTE 5-0 Mr. Kozloski stated that he and Mr. Harpin met on-site with the owners and staked off an area where no further filling is to occur. He explained that there is a wetland in the backyard of this property and the owners were trying to expand their lawn. A follow-up inspection will be made prior to the next meeting. Walnut Street— Calabrese-- Mr. Kozloski and Ms. Becker both stated that the grass is now growing on this site. They discussed possibly lifting the Enforcement Order at the next meeting. 1744 Main.Street—Cirillo—Mr. Cirillo has not yet responded to the Enforcement Order that was hand delivered to him by a police officer. A copy of the Enforcement Order and photographs were sent to DEP but they have not responded either. Motion was made by Mr. Douglas and seconded by Ms. Becker to amend the agenda to include the"add-on's". VOTE 5-0 6. DISCUSSION---Revisions to Plan—Agawam Housing Authority—Wright Street There was a discussion regarding the proposal to provide additional parking spaces and parking redesign. The members were in agreement that these changes are not substantial that an Amendment to the Order of Conditions would be appropriate rather than requiring a new Notice of Intent. Motion was made by Ms. GaliUsos and seconded by Ms. Becker to allow for the changes to the parking at the Agawam Housing Authority through an Amended Order of Conditions pending approval of drainage calculations by the Engineering Department and to schedule a public hearing on the matter for the next meeting. VOTE 5-0 7. DISCUSSION— CVS — Springfield Street T Agawam Conservation Commission June 10, 2010 Page 3 Members discussed the recent site visit that was held with a representative of the Engineering Department and Peter LaPointe of The Colvest Group. The site visit was scheduled to view the area of erosion on the right side of the ravine behind the CVS. Mr. LaPointe had provided a plan for correcting the problem. The members agreed to issue an Enforcement Order for the work to be done. Motion was made by Mr. Douglas and seconded by Ms. Becker to issue an Enforcement Order to The Colvest Group to clean out and repair the damage to the ravine as outlined in the plan submitted. VOTE 5-0 8. DISCUSSION — 73 Elizabeth Street The members discussed the recent site visit at which the builder,homeowners and a representative of the Engineering Department were present. The owners had complained over the winter of water ponding in the back yard. Upon discussion, it was agreed that a wide swale be installed to direct water off the back of the lot. The builder agreed to that and will submit a plan/sketch of his proposal. Motion was made by Ms. Messick and seconded by Ms. Becker to approve a Certificate of Compliance on 73 Elizabeth Street once the swale has been installed. VOTE 5-0 9. CERTIFICATE OF COMPLIANCE—Lot 3 Elizabeth Street Motion was made by Ms. Galiatsos and seconded by Mr. Douglas to release 1,000 of the $2,000 being held on this lot to cover final establishment of the lawn. VOTES-0 Lot 12 Elizabeth Street Motion was made by Ms. Messick and seconded by Ms. Galiatsos to issue a Certificate of Compliance on lot 12 Elizabeth Street, releasing the holdback. VOTE 5-0 Lot 15 Elizabeth Street Motion was made by Ms. Messick and seconded by Ms. Galiatsos to issue a Certificate of Compliance on lot 15 Elizabeth Street, releasing the holdback. VOTE 5-0 The meeting adjourned at 6:55 PM. Agawam Conservation Commission June 24, 2010 Page 1 AGAWAM CONSERVATION COMMISSION June 24, 2010 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Fred Harpin Mark Soticheck MEMBERS ABSENT: , Steven Douglas Magda Galiatsos Jill Messick �- Mr. Kozloski called the meeting to order at 6:30 PM. I. APPROVAL OF MINUTES —Jun 10, 2010 Motion was made by Mr. Soticheck and seconded by Ms. Becker to approve the mites, of June 10, 2010 as written. VOTE 4-0 2. REQUEST FOR DETERMINATION CONT. —Garden Street—Russo Rob Levesque was in attendance to present a revised plan which now shows the perennial stream and associated riverfront area. This plan was revised as a result of a site walk that was conducted prior to the last meeting. Mr. Levesque stated that they do not plan on going into the 200' riverfront area and that this will not have an impact on Mr. Russo's future plans for the site. Motion was made by Mr. Soticheck and seconded by Ms. Becker to issue a Positive Determination of Applicability for Russo on Garden Street, approving the resource areas as delineated. VOTE 3-0-1 (Harpin abstained) Motion was made by Mr. Soticheck and seconded by Ms. Becker to amend the order of the agenda to include the "add-on's", including a discussion of CVS. VOTE 4-0 5. ENFORCEMENT ORDER UPDATES: Anvil Street—nothing new to report. River Road (trucking co.)—nothing new to report. SCANNED 7,LL4112 4120' Agawam Conservation Commission June 24, 2010 Page 2 Liquori Drive—Town of Agawam The area has been cleaned (although additional dumping has occurred) and the Town has posted a"no dumping"sign as per the Enforcement Order. Motion was made by Mr. Harpin and seconded by Mr..Soticheck to lift the Enforcement Order issued to the Town of Agawam for dumping along a stream bank on Liquori Drive. VOTE 4-0 Robin Ridge Estates (2)--nothing new to report. Walnut Street— Calabrese Mr. Calabrese has completed the work required and the grass is now growing. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to lift the Enforcement Order issued to Calabrese on Walnut Street. VOTE 4-0 . Ellington Street—Truong Mr. Kozloski has re-inspected this lot and found all work to be completed per the Enforcement Order. Motion was made by Mr. Soticheck and seconded by Ms. Becker to lift the Enforcement Order issued to Truong on n Ellington Street as the work has been completed. VOTE 4-0 1744 Main Street—Cirillo Mr. Kozloski informed the members that he and Ms. Messick recently met on- site with Mr. Cirillo and that he will be constructing a fence at the top of the embankment to avoid future dumping in the area. 23 Kanawha Avenue—this item will remain on the agenda until the work has been completed. 6. CERTIFICATE OF COMPLIANCE—Lot 3 Elizabeth Street Mr. Kozloski made this inspection and recommended that the final $1,000 holdback now be released. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue a Certificate of Compliance for lot 3 Elizabeth Street--releasing the final holdback. VOTE 4-0 7. COMPLAINT—Friends of Robinson Park Agawam Conservation Commission June 24, 2010 Page 3 Mr. Kozloski stated that another complaint was received regarding a brook within the Park"running brown" and that now the siltation is reaching the Westfield River. He stated that he did some research and went out the pump station at May Hollow and could not find a source. He then contacted the Engineering Department and will be walking the area sometime next week to look at the Town's sewer lines to determine if there is a problem where it crosses the brook. 3. PUBLIC HEARING—Amendment to Order of Conditions—Agawam Housing Authority—Wright Street Rick Misiaszek of Reinhardt Associates was in attendance to present the revised plan for the Agawam Housing Authority which shows the addition of 10 parking spaces—five each at the northeast and southwest portion of the site, and associated walkways. Calculations show that there will be a net decrease in impervious area of 4,957 square feet within the Riverfront Area. The members had no concerns with the proposed changes. Thete being no public input, the public hearing was closed. Motion was made by Mr. Harpin and seconded by Ms. Becker to issue an Amended Order of Conditions for the Agawam Housing Authority on Wright Street as presented this evening. VOTE 4-0 A copy of the Amended Order can be obtained from the Town Clerk's office or the Conservation Commission office. 8. CERTIFICATE OF COMPLIANCE—Lot 13 Elizabeth Street Mr. Kozloski made this inspection and recommended that$2,000 be held back at the closing as the lawn was graded and seeded but the grass was not yet growing. Motion was made by Mr. Soticheck and seconded by Ms. Becker to issue a Certificate of Compliance for Lot 13 Elizabeth Street with $2,000 to be held back by the buyer's attorney to cover final establishment of the lawn. VOTE 4-0 4. PUBLIC HEARING—Notice of Intent—Slope Stabilization- Six Flags New England John Furman of VHB was in attendance to present this NOI for work that was performed under the Emergency Order the Commission previously issued. The work under the Emergency Order was necessary due to a washout behind the Blizzard River Ride. Mr. Kozloski made a recent inspection and took photos of the area which he showed this evening. He stated that they are proposing plantings within the mitigation area and that Agawam Conservation Commission June 24, 2010 Page 4 all other work has been done. Since DEP has not yet issued a file number the Commission continued the public hearing to the next meeting. The meeting adjourned at 7.05 PM. Agawam Conservation Commission May 27,2010 Page 1 AGAWAM CONSERVATION COMMISSION May 27, 2010 MEMBERS PRESENT: Henry A, Kozloski, Chairman - Steven Douglas Magda Galiatsos Jill Messick -- Mark Soticheck MEMBERS ABSENT: Sheryl Becker , Fred Harpin ACC) Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES —May 13, 2010 Motion was made by Mr. Soticheck and seconded by Ms. Messick to approve the minutes of May 13, 2010 as written. VOTE 5-0 2. REQUEST FOR DETERMINATION—Garden Street—Russo Rob Levesque of R. Levesque Associates was in attendance to present this RDA for a parcel on Garden Street owned by Thomas Russo. He stated that the parcel is approximately six acres and they have mapped bordering vegetated wetland on the south side of the parcel. He went on to say that there are a series of ponds on the parcel as well. A site walk was performed this evening before the meeting at which time it was found that there is also a stream associated with the ponds and has some qualities of a perennial stream. He asked that the members table this item to the next meeting to allow him to do further research and add the mean annual high water line to the plan. He stated that this will have little or no factor in the proposed development as the Riparian zone is probably within the resource area(bordering vegetated wetland). He will contact the office prior to the next meeting to schedule another site visit. Motion was made by Mr. Soticheck and seconded by Ms. Messick to continue the RDA for Russo on Garden Street to the next meeting as requested by the applicant's representative. VOTE 5-0 Motion was made by Mr. Soticheck and seconded by Ms. Messick to amend the agenda to include the "add-on's"and a discussion of the ESRI software and Mark Drive. VOTE 5-0 t Agawam Conservation Commission May 27, 2010 Page 2 6. CERTIFICATE OF COMPLIANCE—Lot 1 Connor's Cove Mr. Kozloski stated that he made this inspection and recommended that a frill Certificate of Compliance be issued on lot 1 Connor's Cove. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue a Certificate of Compliance on Lot 1 Connor's Cove. VOTE 5-0 CERTIFICATE OF COMPLIANCE--Lot 8 Elizabeth Street Mr. Kozloski stated that a partial certificate has been issued on this lot, however,this is the lot that the homeowners have complained of water ponding in the rear corner of the property. He suggested that a site visit be scheduled with Commission members,the developer, homeowner and Engineering Department. Motion was made by Ms. Messick and seconded by Mr. Soticheck to issue a Certificate of Compliance on Lot 8 Elizabeth Street pending a favorable site visit by a Commission member. VOTE 5-0 7. COMPLAINT— 1744 Main Street Photos of a dump truck dumping debris in a wetland area at 1744 Main Street were delivered to the Commission by the neighbors (Jodoins). Motion was made by Ms. Messick and seconded by Mr. Soticheck to issue an Enforcement Order to Mr. Cirillo of Cirillo Realty, Inc. for dumping in a wetland or buffer zone; to cease and desist; contact Conservation Commission within seven days to schedule a site visit to determine what remedial action is needed; including copies of the pictures; and copies of the pictures also to be sent to DEP. VOTE 5-0 Ms_ Messick stated that DEP has aerial photos of the site that they can use to determine the approximate area of dumping. Upon further discussion, the members asked that this Enforcement Order be hand delivered by a police officer. 3. REQUEST FOR DETERMINATION—31 Rowley Street—Mendez Mr. Mendez was in attendance to present and answer questions on this RDA for approval to fill a portion of his backyard to match the area grades. Members met with Mr. Mendez on the site previously to view the area. Mr. Kozloski explained that Mr. Mendez would like to bring his back yard level which includes placing fill to within 5' from the top of an embankment. He went on to say that there is an approximate 60' of drop to the wetland. Agawam Conservation Commission May 27, 2010 Page 3 He recommended that staked haybales be placed along the top of the embankment prior to construction. The members agreed with that suggestion. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue a Negative Determination of Applicability for Mendez at 31 Rowley Street with a row of staked haybales to be placed prior to construction along the top of the embankment. VOTE 5-0 The members also asked to be notified when the staked haybales are in place so that can inspect them. 4. ENFORCEMENT ORDER UPDATES—Anvil Street Ms. Messick stated there is still erosion occurring behind the yellow house at the top of Anvil Street. There was discussion regarding Commission jurisdiction. Ms. Dachas suggested the Commission send a memo to the Planning Board outlining the concerns with the ongoing erosion problem and asking that they have the developer address this problem prior to the Board's releasing the bond. Motion was made by Ms. Messick and seconded by Mr. Soticheck to send a memo to the Planning Board regarding the ongoing erosion problems at Anvil Street,asking that this be addressed prior to the release of band. VOTE 5-0 Robin Ridge—Ms.Messick stated that her most recent site visit did not find any erosion occurring. Mr. Kozloski stated that the grading plan for lot 5 should address getting the water(culvert)under the driveway. The members agreed to schedule a site visit with the developers and the owner of lot 5 to go over the enforcement orders that were issued. They asked that a representative of the Engineering Department also attend the site visit. Motion was made by Ms. Messick and seconded.by Ms. Galiatsos to send a memo to the Engineering Department stating that the grading plan for lot 5 Robin Ridge Estates should include provisions to get water to flow under the driveway(culvert). VOTE 5-0 Liquori Drive—Nothing new to report. Walnut Street—Calabrese—Mr. Kozloski stated that the grading has been done but the grass is not growing yet. Ms. Messick stated that it did not look as though it had been seeded. Agawam Conservation Commission May 27,'2010 Page 4 Motion was made by Ms. Messick and seconded by Mr_ Soticheck to send a letter to Mr. Calabrese stating that the area must be stabilized immediately or the matter will be turned over to the Law Department_ VOTE 5-0 Mr. Kozloski then stated that a building permit has been issued on lot 5B Mark Drive. He stated that he will meet with the owner(Mr. Langone) and inform him that a Notice of Intent will be required as this lot contains riverfront area. Mr. Kozloski then brought up the email from ESRI regarding an update on the software that is available. He stated that he will speak with the IT Department to determine the best way to receive it(download or by mail). The Commission received a memo from the Engineering Department regarding erosion behind.the retaining wall behind CVS on Springfield Street. The members agreed to schedule a site visit for this location also and to have a representative of the Engineering Department and the property owner there. The meeting adjourned at 7.30 PM. Agawam Conservation Commission August 12, 2010 Page 1 AGAWAM CONSERVATION COMMISSION August 12, 2010 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Fred Harpin Magda Galiatsos Jill Messick Mark Soticheck MEMBERS ABSENT: 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—;Ju y 22, Mi(I Motion was made by Mr. Soticheck and seconded by Ms.. Messick to approve the minutes of July 22, 2010 as written. VOTE 5-0-1 (Kozloski abstained) 2. PUBLIC HEARING—Notice of Intent—Federal Street—Tirone Development Corp. Rob Levesque of R. Levesque Associates was in attendance as well as the applicant, Mr. Tirane. Mr. Levesque stated that the wetland delineation was approved by the Commission in 2009 and they have since designed a subdivision plan showing four lots on a cul-de=sac. There are bordering vegetated wetlands on the site as well as an isolated bordering vegetated wetland. He stated that he understands there are abutter concerns regarding the wetland delineation and explained that the delineation was done based on vegetation, hydrology and hydric soils. He stated that this project involves buffer zone work and no impacts to the bordering vegetated wetland. Ms: Becker asked for the information on buffer zone impacts. Mr. Levesque stated that he will forward that information to the Commission but did not have it available this evening. Mr. Kozloski asked about lot 3. Mr. Levesque stated that there is approximately 20' from the building envelope to the edge of the bordering vegetated wetland. Mr. Kozloski stated that he is concerned with how to protect this wetland from dumping. Mr. Levesque stated that they could place monuments in the backyards to delineate the wetland. Mr. Kozloski asked for the footprint sizes on each lot. Mr. Levesque stated the following: lot 1 —30' x 50'; lot 2—50' x 40'; lot 3 —50' x 30'; and lot 4—60' x 30'. Mr. Kozloski asked how they Agawam Conservation Commission August 12, 2010 Page 2 are proposing to maintain the wetland post development. Mr. Levesque stated that the water will sheet flow from the yards to the wetland on lots 3 and 4. Mr. Kozloski asked if the road was to be 4' higher. Mr. Levesque stated yes. Ms. Galiatsos asked how the elevated roadway will effect the direction of the water flow. Mr. Levesque stated the road will be raised but won't change the flow patterns in general. Ms. Galiatsos asked what type of construction methods would be used to avoid damage to the wetland. Mr. Levesque stated that there are no major slopes and that they are proposing erosion control logs or silt fences around the limit of work lines. He stated that nothing significant would be needed beyond that. Mr. Kozloski stated that the wetland flags are no longer out there and that it appears that four wheelers are damaging the wetland. Ms. Galiatsos stated that she and Mr. Kozloski walked the site today but it is very difficult to determine the placement of the houses. She asked if they could mark the house locations for a future site visit. Ms. Messick stated that her recollection seemed to be that there was more wetland coming off the hill than is shown. Mr. Levesque stated that during the delineation phase site walk with Commission members, he moved wetland flags at their request. Mr. Kozloski asked that for the next site walk they locate the property lines as well as the approximate location of the proposed houses. Ms. Messick asked how they are proposing to sewer the site. Mr. Levesque stated that they will tie into the existing sewer line on lot 1. Ms. Galiatsos asked how the water runoff from the road would be handled. Mr. Levesque stated that there will be a bituminous berm around the roadway to direct the water to two new catch basins at Federal Street which then flows to Main Street. He then stated that the developer will be upgrading the drainage in that portion of Federal Street: Mr. Kozloski then asked for public input. Margaret Collins, 184 Main Street—stated that they have hired a wetland scientist to review this filing and found that an Army Corps permit is required. She suggested that an independent peer review of the site be done. Mr. Kozloski explained that the Conservation Commission has no jurisdiction over Federal wetlands: Mac Lynch, 35 Federal Street—stated that he feels that there are more wetlands on this site than were identified and he does not feel the area infrastructure can handle four or five more houses. Ron Plante, 31 Federal Street - stated that raising the elevation of this land will Have a negative effect on his property and it will become"a catch basin for water". Mr. Levesque stated that some of the aforementioned issues were raised with the Planning Board. He also stated that he is aware that the abutters have hired an outside consultant to review the proposal and has seen a copy of the consultant's letter. He stated that the wetlands were delineated per the regulations and is sufficient to determine what land is able to be used. Margaret Collins then stated that there is a note in the NQI that states... no Army Corps involvement. Mr. Kozloski stated that borings were taken during the delineation process and he explained that there is a difference between federal and state wetlands in terms of jurisdiction. Mr. Levesque stated that although there will be impacts to the isolated Agawam Conservation Commission August 12, 2010 Page 3 wetland that is federally regulated, the disturbance will be less than 5,000 SF and no further review by the Army Corps would be necessary. He explained that a deed restriction would be placed on the property. Ms. Collins questioned whether the Conservation Commission could inspect this property if it is a federal wetland. Mr. Levesque stated yes the Commission would have the same powers as under the Act. Ms. Messick stated that it would require permission of the property owner to inspect. At this point Mr. Levesque received information on the buffer zone impacts: total buffer zone impact is 14,950 SF. Karl Karolinski, 1189 Springfield Street asked if the Town owns the wetland. Mr. Kozloski stated no it will be owned by the individual lot owners and a portion of the wetland may be on the Riverbend property. Ron Plante, 31 Federal Street stated that for the past six years his sewer has backed up and the Town must come out and pump it out; and that the pitch at the rear of lot 1 is minimal and is not adequate. Mr. Levesque stated yes,that area is flat and the Engineering Department is looking into whether grinder pumps can be used. Also, the additional flows may help the situation. He stated that the Engineering Department is peer reviewing the plan. Mr. Kozloski stated that all sewer concerns should be addressed to the Engineering Department. Ms. Dachos stated that the Planning Board forwarded Mr. Plante's concerns to the Engineering Department, Mr. Levesque stated that a grading plan will be submitted with the building permit application. Ms. Dachos stated that as- built plans must be submitted as well. Ms. Messick stated that it is critical that the grading plans be adhere to. Mason Soja, 184 Main Street asked what the difference between the 2007 delineation and 2008 delineation was. Mr. Kozloski explained that the 2007 RDA was withdrawn by the applicant and never acted upon by the Commission. Ms. Messick stated that the second delineation was done using soils which is more accurate than using strictly vegetation. Mr. Soja stated that the wetland scientist that they hired stated that this area is a typical silver maple swamp and that there are ferns growing on the edge of his property. Ms. Messick stated that a when looking at the soils on this site, a good portion are non-hydric. Margaret Collins then asked about the requirement for a stormwater management plan. Ms. Messick stated that is done through the Engineering Department. Jim Lemanski -- 110 Pineview Circle asked if these homes would have full basements and what is the grade Ievel of the basement compared to the elevation of the wetlands. Mr. Levesque stated 3' to 4' down and that the basements will be walk-outs or english basements. Mr. Kozloski asked if borings have been done. Mr. Levesque stated yes and that they are doing additional tests and will provide the Commission with the results. He stated that the seasonal high groundwater was found at 3'. Mr. Kozloski stated that he has concerns with drainage from lots 1 and 4. Mason Soja then asked about the grade of the frontyard on lot 1 in relation to Mr. Plante's property. Mr. Levesque stated approximately 2.5' to 3' and sloped on either side Agawam Conservation Commission August 12, 2010 Page 4 of the house. He stated that no water flow will go to adjacent properties. Mr. Soja is concerned it will run out onto his new parking lot. Mr. Plante then stated he has erosion on his front lawn and asked if the two new catch basins will catch all of the runoff. Mr. Levesque stated that currently drainage in Federal Street is non-existent and that they will be upgrading a portion of the line and that the Town will upgrading the water line. Mr. Kozloski asked for the number of new catch basins. Mr.Levesque stated there two additional cb's shown and that there may be one more required by the Engineering Department. Mr. Levesque stated that he will contact the office when he has re-established the wetland line. Ms. Galiatsos asked that the property lines also be marked. A site visit will be scheduled at that time. This public hearing was continued to the next meeting(August 26, 2010). 3. PUBLIC HEARING—Request to Amend Order of Conditions— 1340 Springfield Street—Coyote Realty Tim Coon of JR. Russo & Associates was in attendance to present this request to amend. He explained that the site is 3.5 acres and in 2009 an Order of Conditions was granted for the redevelopment of the site with a hank building and retail space and they are now proposing a 3300 SF Wendy's Restaurant with drive-thru. He explained that this is a similar layout the original plan with a 27%reduction in impervious area. He stated that the stormwater management will allow for sheet flow across the parking lot to an 8' wide vegetated strip to a swale and there to a bio filtration area as previously approved, however,with this submittal they are proposing to increase the size of the bio filtration area by.approximately 35%; they've eliminated some of the pavement and the vegetated swale is new with this proposal. Ms. Messick stressed the importance of the maintenance of the swale and bio filtration area and asked if there was a plan for the perimeter of the property to keep trash from getting into the wetland on a regular basis. Mr. Coon stated that a planting plan has been submitted and the number of plantings have increased with this proposal. He went on to say that Wendy's takes pride in their sites and routinely cleans them; and that this is enforced by the manager and the employees_ Mr. Kozloski then asked for any public input. Attorney Brad'Moire on behalf of Sprocket Realty (owner of Phipp's)—asked if this plan proposes the drainage to drain onto his client's property. Mr. Coon explained that the site will drain to the wetland as it currently does. Attorney Moire asked if there was an Order of Conditions on the former building on the site. Mr. Kozloski explained that there was an Order of Conditions on the smaller building at the rear(former package store). Attorney Moire asked if the wetlands have been re-delineated and whether there was information available on the "flows". Mr. Coon stated that all of the stormwater and drainage information can be obtained from the Engineering Department. Mr. Kozloski pointed out that the wetland not only takes flow from this site and property to the north but there is also a flow of water from the basement of the Phipp's property that is directed Agawam Conservation Commission August 12, 2010 Page 5 to the wetland. Mr. Coon reiterated that this plan shows less impervious area than the previous plan. Attorney Moire questioned whether that was legal to allow the water to flow to that wetland. Mr. Coon stated that this currently drains to that wetland. Karl Karolinski•, 1189 Springfield Street expressed concern over pollution and contamination. He stated that this wetland drains eventually to a tributary that runs through his property. He stated that there is a gas leak on the Pride Station property and that wetlands were filled for the development of Stop and Shop. He asked that the water be channeled to a retention pond. He went on to say that all of the drainage from Fitness First, Phipp's, Pride and Stop and Shop ends up in his backyard. Mr. Kozloski stated that he should contact DEP if he is aware of a gasoline leak. Mr. Karolinski stated that there is a trailer at the Pride site that appears to be burning off the gas. Mr. Soticheck stated that it may be a vapor recovery system. There being no further public input, Mr. Kozloski closed the public hearing. The Amended Order of Conditions was written at the end of the meeting. Mr. Harpin left the meeting at this time. 4. REQUEST TO AMEND ORDER OF CONDITIONS.- 1504 Main Street— Cirillo Mr. Cirillo was in attendance this evening to present a revised plan for which is asking for an Amended Order of Conditions. He is now proposing a 160' SF addition on pylons. Upon discussion of the previous plan, the members agreed to allow this revision as an amendment rather than requiring a new Notice of Intent. Motion was made by Mr. Soticheck and seconded by Ms. Messick to allow for the revision to the plan for Twisty's, 1504 Main Street as presented this evening through an amendment to the Order of Conditions. VOTE 5-0 A public hearing will be scheduled for the next meeting on the Twisty's amended Order. Motion was made by Ms.. Messick and seconded by Mr. Soticheck to amend the order of the agenda. VOTE 5-0 5. Correspondences Ms. Messick stated that she was notified by the Friends of Robinson Park of work that was done on the power lines and resulting damage to a vernal pool and wetland within the Park. Mr. Kozloski stated that he has contacted DCR and a site visit has been scheduled for Friday morning at the Park. Ms. Messick stated that she received photos of Y Agawam Conservation Commission August 12, 2010 Page 6 the damage and it appears that remediation will be needed. She stated that NIHESP has been contacted as they would have jurisdiction over the vernal pool. The members then wrote the Amended Order of Conditions for Coyote Realty (Wendy's), 1340 Springfield Street. A copy can be obtained from the Conservation Commission office or the Town Clerk's office. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue the Amended Order of Conditions for Coyote Realty(Wendy's)— 1340 Springfield Street as written. VOTE S-0 The meeting adjourned at 8:10 PM. 106-1h Agawam Conservation Commission March 11, 2010 Page 1 AGAWAM CONSERVATION COMMISSION March 11, 2010 MEMBERS PRESENT: Henry A. Kozloski,Chairman Sheryl Becker Steven Douglas Magda Galiatsos Fred Harpin Jill Messick Mark Soticheck ALSO PRESENT: Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. ` 1. APPROVAL OF MINUTES —February 16 &25, 2010 w r� The minutes of the last meeting state that there was not a quorum on February 16`h therefore no minutes. That is incorrect. There was a quorum and the minutes were prepared and sent out. Motion was made by Mr. Soticheck and seconded by Ms. Becker to approve the minutes of February 16, 2010 as written. VOTE 7-0 Motion was made by Ms. Galiatsos and seconded by Mr. Soticheck to approve the minutes of February 25, 2010 as written. VOTE 6-0-1 (Messick abstained) Motion was made by Mr. Harpin.and seconded by Ms. Galiatsos to amend the agenda to include the add-on's. VOTE 7-0 . 2. REQUEST FOR DETERMINATION— Suffield Street—Insurance Ct. of New England Jeff Squire of the Berkshire Design Group was in attendance to present this RDA which includes the renovation of the existing building (The Oaks), reorganizing the current parking lot, removing much of the existing asphalt and milling and overlaying the remaining parking area. Lawn and other plantings will replace the removed asphalt. He stated that a construction sequence plan was submitted and that there are no wetland impacts with this project, only buffer zone. He stated that they would like to start the Agawam Conservation Commission March 11, 2010 Page 2 work in the spring. Ms. Galiatsos stated that members will make inspections during construction. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue a Negative Determination of Applicability for the Insurance Center of New England on Suffield Street with the condition that the construction sequence plan as submitted is adhered to. VOTE 7-0 12. DISCUSSION—Pynchon Point parking area Mr. Kozloski updated the members on a recent site visit held with Michelle Chase, Town Engineer and Joe Borowiec of Mass DOT/Highway. He explained that the contractor working on the bridge is using this parking lot as a staging area. He stated that any damage will be repaired to the satisfaction of the Town and that the Town has a copy of the insurance binder for contractor. 13. DISCUSSION—Offer of Land—School Street— Grimaldi Betty Grimaldi has notified the Town that she would like to donate a 12 acre parcel of land located on School Street. The members discussed the parcel and the fact that it contains a large wetland and floodplain. Mr. Harpin stated that he would not support the Town accepting this land and feels it should stay on the tax roll. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to send a positive recommendation with regard to the Town accepting the offer of 12 acres of land on School Street by Betty Grimaldi as the area contains a large wetland and is vital to the area ecosystem. VOTE 5-2 (Soticheck and Harpin opposed) 11. DISCUSSION—River Road- tree removal Ms. Messick stated that she, Ms. Becker and Ms. Galiatsos met on-site with the property owner, Donna Jago. She stated that Ms. Jago has asked for permission to remove some trees on the riverbank that have died. The stumps would remain. She would like to plant river willows. Mr. Kozloski asked if these trees were endangering the house. Ms. Messick stated no but are dead. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to allow Ms. Jago to remove the trees on the riverbank that the members viewed on-site,the stumps are to remain. VOTE 7-0 3. PUBLIC HEARING CONT. —Notice of Intent— Silver Lake Drive— Silkey Agawam Conservation Commission March 11, 2010 Page 3 The applicant's representative has requested this hearing be continued to the next meeting as they are reviewing a different dock design and making the changes to the plans. A Motion was made by Ms. Messick and seconded by Ms. Galiatsos to continue the public hearing for Silkey on Silver Lake Drive as requested by the applicant's representative. VOTE 7-0 6. ENFORCEMENT ORER (updates) River Road—Mr. Kozloski stated they are working on a lower cost alternative for this drainage situation. He noted that the parking lot is almost dry at this time. Robin Ridge—Commission to revisit this in the Spring. Walnut Street Calabrese—Mr. Calabrese has not yet submitted the Notice of Intent as required in the Enforcement Order. Anvil Street—nothing new to report. Liquori Drive—The Commission will monitor this area. Main Street—Cirillo—Mr. Cirillo has submitted a Notice of Intent as was required in the Enforcement Order. Motion was made by Ms. Messick and seconded by Mr. Harpin to lift the Enforcement Order issued to Cirillo, 1504 Main Street. VOTE 7-0 4. PUBLIC HEARING —Notice of Intent—Six Flags New England—new warehouse John Furman of Vanasse Hangen Brustlin (VHB) was in attendance as.well as Chuck Davis of Six Flags New England. Mr. Furman explained that this project includes the construction of a new warehouse and office facility, loading and access areas, a parking area with sidewalks, stormwater management and utility infrastructure and grading. The proposed building is 38,000 SF including a 1700 SF cooler area. The area is currently gravel and drainage will be directed to the detention pond that exists under the Superman ride. Mr. Kozloski asked if that detention pond was adequate. Mr. Furman stated yes and went on to explain the details of the drainage design—overflow pipe from catch basin to a settling basin and then through the system. He went on to say that utility connections will be made to Riverview Avenue and the area will be milled and overlayed. Mr. Kozloski asked if any mitigation was proposed. Mr. Furman stated that they will be cutting down "scrub", loaming and seeding and possibly providing additional plantings. He also stated that they have an alternate grading plan prepared as the Building Inspector has instructed them to go back to the Board of Appeals to show the alteration of this area. He explained that they are proposing to place 5' to 6' of fill up to the existing soundwall, however, the alternate plan shows the installation of a retaining wall on the Six Flags side of the sound wall. He also stated that at the Team Meeting the Fire Department stated that they must provide access to the soundwall for emergency vehicles. Ms. Messick asked how many square feet of the building will be in the Agawam Conservation Commission March 11, 2010 Page 4 riverfront zone. Mr. Furman stated approximately 600 SF. Mr. Kozloski asked what the height of the building would be. Mr. Furman stated the building will be 40' and 20' from the soundwall. They have not received DEP comments or a response from NHESP and they need to go before the ZBA. This hearing will be continued. Barry Miller, 17 Riverview Avenue asked what the impacts of digging up Riverview Avenue for the utilities will be. Mr. Furman stated that there will be no impacts from this work and that it can be completed in one day. Dick Langone, 61 Mark Drive asked if the elevation of the land was changing. He owns duplexes that abut this property and already experiences drainage problems. Mr. Davis stated that the elevation will be going up at the north end of the project site and no change to the southern end. Mr. Furman stated that they could extend the Swale in this area to capture more water. Roberta Miller, 17 Riverview Avenue stated that there is standing water by the pump station year round but felt that the proposed grading and clearing of the-scrub brush may help that situation. Mr. Furman stated that the puddle exists now and will not change with this work that is proposed. He stated that there is no collection system in Riverview Avenue. Mr. Soticheck asked if an oil/water separator was being proposed. Mr. Furman stated no and that very little pavement is being added. He went on to say that the separators are not typically used for a normal parking lot and that the catch basins will have deep sumps and hoods. Motion was made by Mr. Harpin and seconded by Ms. Messick to continue the public hearing for Six Flags warehouse for two weeks. VOTE 7-0 5. PUBLIC HEARING CONT. —Notice of Intent—Twisty's— 1504 Main Street Joe Petronino of Environmental Services was in attendance as well as Mr:Cirillo. A revised plan has been submitted which shows the S'xl2' refrigeration unit. Mr. Kozloski stated that must be labeled "platform". He also stated that the Commission can add to the Order of Conditions that this unit can be enclosed if Mr. Cirillo decides to do so. DEP has not yet issued a file number or comments therefore the Commission continued the public hearing again for two weeks. Mr. Cirillo stated that the dumpster is being fenced. Mr. Kozloski informed the members,that there was a water pipe repair done today on this site and that he made an inspection. Motion was made by Mr. Soticheck and seconded by Ms. Messick to continue the public hearing for Twisty's for two weeks. VOTE 7-0 7. COMPLAINT Agawam Shopping Court Agawam Conservation Commission March 11, 2010 Page 5 Mr. Kozloski explained that a complaint was called in regarding trees being cut in a wetland behind BGL on Agawam Shopping Court. He made an inspection and found that a homeowner on Columbus Street hired a company to trim trees behind his house to help him gain a better view. Mr. Kozloski stated that nothing was cut in the wetland but that branches had fallen into the buffer zone and that he met with the property owner and the company doing the trimming. A follow-up letter was sent stating that the branches must be removed from the buffer zone. 10. EMERGENCY ORDER— Six Flags New England Mr. Kozloski stated that a washout occurred at the northern end of the Park behind the blizzard river ride. A large tree came down and there was extensive damage that must be repaired immediately as it is compromising the integrity of a building on the embankment that is associated with the ride. John Furman of VHB explained to the Commission that they are looking for permission to start the remediation work to halt further damage and they are preparing a remediation plan to submit. Mr. Kozloski stated he spoke with DEP and was told that a plan must be submitted for the Emergency Order. Mr. Furman went on to as that no work is proposed in the floodplain and that they will be Filling with horizontal pipes to collect the groundwater and then will install gabion baskets. The groundwater will be piped out to contour 50 and a 12' access road is to be maintained in this area for maintenance. Motion was made by Mr. Soticheck and seconded by Mr. Harpin to issue an Emergency Order for Six Flags New England to correct the washout at the northern end of the park per the plan to be submitted. VOTE 7-0 The meeting adjourned at 7:55 PM. Agawam Conservation Commission February 25, 2010 Page 1 AGAWAM CONSERVATION COMMISSION February 25, 2010 _. 4� MEMBERS PRESENT: Henry A. Kozloski, Chairman - - Sheryl Becker Steven Douglas Magda Galiatsos c Fred Harpin MEMBERS ABSENT: Jill Messick ALSO PRESENT: Deborah S. Dachos Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. J. APPROVAL OF MINUTES -January 14, 2010 Motion was made by Mr. Harpin and seconded by Ms. Galiatsos-to approve the minutes of January 14, 2010 as written. .j VOTE 5-0-1 (Soticheck abstained) Approval of Minutes -February 16, 2010 There was no quorum on this date therefore no minutes to approve. 2. REQUEST FOR DETERMINATION-Route 57 -Mass. DOT Highway Tim Meyer of District 2 was in attendance to present this RDA which involves cold planning and resurfacing a section of Route 57 beginning at Route 197 and continues easterly to Route 75 (including connecting ramps). Total project length of 2.93 miles. The work may include the following: cold planning and resurfacing with hot mix asphalt; as necessary, adjusting, rebuilding and cleaning drainage structures, drainage pipes and paved waterways; replacing existing frames and grates; replacing signs; removing and resetting granite edging, curb and curb inlets; repairing hot mix asphalt berm; installing new guardrail, offset blocks and end treatments; removing and resetting existing guardrail; safety sight distance tree trimming, clearing and removal; repairing fences; grading, compacting and filling shoulders; installing signs and pavement markings; installing snow-plowable recessed retlectorized pavement markers; installing traffic controls; and as necessary, installing erosion./sedimentation control measures. He stated that the work proposed will all be contained to "up on the roadway" and no work is r Agawam Conservation Commission February 25, 2010 Page 2 proposed outside of that. He stated that they hope to have this project "shovel ready and an exact timetable was not available. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue a Negative Determination of Applicability for Mass DOT Highway's Route 57 work. VOTE 6-0 7. REQUEST FOR EXTENSION—Order of Conditions Windermere Estates— Bretta Mr. Bretta has requested a one year extension of this Order of Conditions. Mr. Kozloski explained that the work subject to jurisdiction(i.e. detention basin)has been completed for quite some time. The members agreed to grant the extension as requested. Motion was made by Mr. Harpin and seconded by Ms. Becker to approve a one year extension to the Windermere Estates Order of Conditions. VOTE 6-0 Motion was made by Mr. Harpin and seconded by Mr. Soticheck to amend the agenda to include the "add-on's". VOTE 6-0 3. PUBLIC HEARING Notice of Intent— 5 Silver Lake Drive— Silkey Heather Comee of Pioneer Environmental was in attendance to present this NOI which shows the construction of a trek walkway with deck and steps; and ramp and dock area into Silver Lake. She explained that resource areas include: land under water and bank. She stated that the deck and steps will be constructed on sauna tubes and there will be no alteration to bank area. Also, straw waddles will be placed between the tubes and the bank. There will be a landing pad at the bottom of the steps and then a ramp to the dock. She explained that they researched a floating dock but found there would be disturbance the bank and headwall: They are proposing a removable dock on piers. Mr. Kozloski stated that there may be an additional DEP permit for the dock. Ms. Comee stated that he is referring to a Chapter 91 dock permit, however,this would be exempt as Silver Lake is not classified as a "great pond". Mr. Kozloski asked if this would be wheelchair accessible. Ms. Comee stated yes it will be as the applicant uses a wheelchair. Ms. Galiatsos asked if the disturbed areas would be reseeded. Ms. Comee stated yes, the disturbed areas will be immediately seeded after the work is done. Mr. Harpin asked if they had looked into a portable aluminum dock. After discussion, Ms. Comee agreed to continue the public hearing so that she could relay the information on the portable aluminum dock to the applicant. Agawam Conservation Commission February 25, 2010 Page 3 Motion was made by Ms. Gagliatsos and seconded by Ms. Becker to continue the public hearing for Silkey on Silver Lake Drive to the next Commission. VOTE 6-0 6. ENFORCEMENT ORDERS (UPDATES) Anvil Street--nothing new to report. River Road—Nothing new but Mr. Kozloski stated that he has spoken with the Engineering Department and was informed that a different alternative for a connection is being pursued. Robin Ridge—nothing new. Walnut Street (Calabrese)—.issued for dumping in riverfront area. Nothing new submitted yet. Main Street(Cirillo) —Notice of Intent filed (public hearing tonight). Liquori Drive—nothing new to report. 8. CERTIFICATE OF COMPLIANCE—Lots 4 & 5 Connor's Cove and Land Court lot I Mr. Kozloski made these inspections and recommended a$2,000 holdback on lot 4 as the grass has not been established and a $4500 holdback on Lot 5 to cover final grading and seeding. Lot 5 contains a small portion of Land Court property and is shown as lot 1 on a Land Court plan. There is a lot I in the subdivision,however, this Certificate does not pertain to that lot only the Land Court lot 1. Motion was made by Mr. Soticheck and seconded by Mr. Harpin to issue a Certificate of Compliance on Lot 4 Connor's Cove with $2,000 to be held back by the buyer's attorney to cover establishment of the lawn. VOTE 6-0 Motin was made by Mr. Soticheck and seconded by Mr. Harpin to issue a Certificate of Compliance on Lot 5 Connor's Cove (including Land Court lot 1 which is actually a part of lots) with $4500 to be held back by the buyer's attorney to cover final grading and seeding. VOTE 6-0 9. COMPLAINT—73 Elizabeth Street A complaint was received from the owners of 73 Elizabeth Street regarding ponding of water on the rear of their property. Mr. Kozloski spoke with the Engineering Department about this lot as they have been out there to inspect. He was told that the grading plan for the property only showed the front portion of the lot. This lot is very large and the water is ponding at the rear. In conclusion, it was agreed to make an inspection in the Spring. 10. DISCUSSION — Robinson Pond Agawam Conservation Commission February 25, 2010 Page 4 The Commission received a letter from the consultant that prepared the Notice of Intent for the dredging of Robinson Pond. The Order of Conditions specifies that the work be done during low flow periods (June— September). They requested that this be changed to allow for the work to be done in the winter months. Mr. Kozloski explained that he spoke with this gentlemen and informed him that they usually drain the pond in September and that he feels the work should be done at that time rather that during the winter months. He agreed that the work will start in September(he was not aware that they drain the pond so early in the year). At this time Mr. Calabrese was in attendance. Mr. Kozloski explained to him that a Notice of Intent is now required for the restoration of the riverfront area. Mr. Calabrese stated that he wasn't aware he was within the riverfront area and will have a Notice of Intent prepared for the restoration. 4. PUBLIC HEARING—Notice of Intent— 1504 Main Street— Twisty's— Cirillo Mr. Cirillo was in attendance along with Joe Petronino of Environmental Services who prepared the Notice of Intent. Mr. Petronino explained that this NOT covers a proposed 360 SF addition and also the enclosure of an existing patio area. He stated that the mean annual high water line as shown was previously delineated by R. Levesque. He stated that there is no erosion hazard with this proposed.work. Mr. Kozloski asked if any other additions were proposed that were not shown. Mr. CiriIlo stated no. Mr. Kozloski stated that the Enforcement Order was issued for the work to enclose an existing cooler and this is not shown on the plan. Mr. Cirillo stated that he will have the existing platform and cooling unit shown on the plan. DEP has not yet provided comments or a file number. He requested a continuance of the public hearing to the next meeting. Motion was made by Mr. Soticheck and seconded by Mr. Harpin to continue the public hearing for Twisty's, 1504 Main Street to the next Commission meeting. VOTE 6-0 5, PUBLIC HEARING—Amendment to Five Year Action Plan—2006 Open Space and Recreation Plan— Ms. Dachos began this presentation. She explained that the state has now allowed for communities to update their Open Space Plans by adding two additional years to the Action Plan if received by February 28, 201. Since the last Commission meeting she has met with members of Commission and the Parks and Recreation Director to discuss possible projects for years 2012 and 2013. She stated that during these meetings it was agreed that the Plan should contain more realistic-goals as well as identify responsible parties and possible funding sources. She also stated that many of these projects are already contained in the 2006 Plan. She outlined the following draft of years 2012 and Agawam Conservation Commission February 25, 2010 Page 5 2013: Year 2012 - #1 Conduct Comprehensive Community Center Study. A final location for the Community Center should be identified as well as securing funding for design and construction. The responsible party for this item is the Mayor and Town Council and funding would be through municipal appropriation,grants and fundraising. Component#2 of 2012 is Produce a Recreation/Open Space Pamphlet. She explained this informational pamphlet would include locations of all town-owned open space and recreation resources and how to enter them, the activities and facilities they offer,hours of operation and other useful information. The responsible party would be Park and Recreation Department,Planning Department, and CPA Committee with funding through CPA funds or municipal appropriation. Component#3 of 2012 is Phase II of the Connecticut River Walk and Bikeway Project. Ms. Dachos explained that Fuss and O'Neil is in the process of designing this project and the Town, the consultant and the Pioneer Valley Planning Commission will complete the design and secure funding for construction. Responsible party is the Office of Planning and Community Development and the funding would be through state and federal transportation funds. Component#4 of 2012 is Enhancement and Protection of Robinson State Park. She stated that the members who helped draft this felt that the Town should be more supportive and more involved with the Friends of Robinson Park who now sponsor regular activities in the Park to promote its use and protection. Responsible party is the Conservation Commission and Parks and Recreation Department. No funding needed at this present time. Component#5 of 2012 is Assess Publicly-Owned Recreational Facilities in Agawam. Ms. Dachos explained that this would ensure that each town-owned recreational facility be annually assessed to determine where improvements or upgrades are necessary. The responsible party would be the Parks and Recreation Department and ADA Commission and the funding would be through the Parks and Recreation Department annual budget. Year 2013, component#1 is Acquire the Agawam Sportsman's Club. The responsible party would be the Mayor and Town Council and funding would be Town appropriation, CPA funds and grants. #2 of Year 2013 is Conduct Comprehensive Community Center Study. Ms. Dachos explained this is a continuation of 2012 and is expected to be a multi-year activity. #3 of Year 2013 is Enhancement and Protection of Robinson State Park. She explained this is a continuation of year 2012 discussion. #4 of 2013 is Assess Publicly-Owned Recreational Facilities in Agawam. This is a continuation of 2012. #5 of 2013 is to Create Outdoor Classrooms. She explained that a parcel of land adjacent to the High School was purchased for outdoor educational use and that efforts are underway to design the improvements. Opportunities also exist at-the School Street Park and Perry Lane and that the Town should continue to identify areas which can be used for education and seek funding for their acquisition and development. Responsible parties are the School Department, Conservation Commission and CPA Committee. #6 of 2013 is the Creation of Small Neighborhood Playgrounds. The responsible parties are Parks and Recreation Department, Office of Planning and Community Development and CPA Committee. Funding would be through CPA funds. Mr. Harpin stated that he has always been an advocate for some type of a playground or park behind Brady Village. Agawam Conservation Commission February 25, 2010 Page 6 Mr. Kozloski asked for any public input. Scott Smith, 129 Cambridge Street spoke of the existing skateboard park on Maynard Street. He stated that it is outdated, unsafe, not monitored and located in a secluded area. Ms. Dachos explained that a skateboard park was included in an earlier year. Mr. Smith asked if there was funding available for it. Dick Bennett of the Community Preservation Act Committee was in attendance and explained that CPA funds can be used for a new project and but cannot be used to upgrade an existing facility. Mr. Kozloski stated that there needs to be a study done to determine the need and location of a skateboard park. He stated that a committee should be formed to study this and provide the findings to the CPA and Town Council. Mr. Bennett stated that he agrees that the existing•skateboard park is in an isolated location and that some improvements have been done (building painted). He stated that it seems this recent work is being maintained. He recommends public involvement in the process'as well. Scott Smith,Jr. then spoke. He stated that the existing park is not adequate and needs upgrading. Corinne Wingard of Elm Street stated more citizens should be involved in working on the items in the Five Year Action Plan. She stated that an ad hoc citizen committee could be formed to work with the responsible parties on the items and suggested that be added to each project. Mr. Harpin also spoke of the need for a new skateboard park and suggested using the rear field of the Middle School. Scott Smith, Jr. agreed to get support from local youths regarding the need for a new skateboard park. Mr. Harpin suggested he also inquire into the need for a volleyball court in town. It was agreed to add to year 2012 the creation of a committee to study the needs and location of a new skateboard park and any other recreational needs. Motion was made by Mr. Soticheck and seconded by Mr. Douglas to approve the amendments to the Five Year Action Plan including years 2012 and 2013 and to include the changes discussed tonight (creation of citizen ad hoc committee to work with responsible parties on each item and add to 2012 the creation of a committee to study the needs and location of a new skateboard park and any other recreational needs. VOTE 6-0 The meeting adjourned at 8:00 PM. . ✓ VW/ [rT\r l Agawam Conservation Commission February 16, 2010 Page 1 AGAWAM CONSERVATION COMMISSION February 16, 2010 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker _ Magda Galiatsos w Jill Messick MEMBERS ABSENT: _ Steven Douglas Fred Harpin cs Mark Soticheck ALSO PRESENT: Deborah S. Dachos Mr. Kozloski called the meeting to order at 1:30 PM. I. DISCUSSION—Agawam Open Space and Recreation Plan—Five Year. Action Plan Ms. Dachos informed the members that the state is allowing the current Open Space and Recreation Plan to be extended for two years if the Town can update the Five Year Action Plan within the deadline. The members agreed that years 2012 and 2013 be added to the Five Year Action Plan and a public hearing was set for February 251'. They discussed which projects should be included. Ms. Dachos is preparing a draft which will be discussed with Chris Sparks, Parks and Recreation Director, prior to the public hearing. Motion was made by Ms. Messick and seconded by Ms. Becker to amend the agenda to include the following: Ratify Calabrese Enforcement Order and Cirillo Enforcement Order and ratify the Emergency Order issued to the Town of Agawam on Mill Street. VOTE 4-0 Mr. Kozloski issued the two enforcement order and emergency order. He explained.that the Calabrese enforcement order was issued due to fill that was placed within the riverfront area; the Cirillo enforcement order was issued for construction of a building within riverfront area; and the emergency order was issued to the Town of Agawam DPW for a tree at the end of a drain pipe that outlets to a stream below and is threatening the integrity of the stream embankment and drain pipe. Motion was made by Ms. Messick and seconded by Ms. Becker to ratify the Enforcement Order issued to Cirillo for 1504 Main Street. Agawam Conservation Commission February 16, 2010 Page 2 VOTE 4-0 Motion was made by Ms. Messick and seconded by Ms. Becker to ratify the Enforcement Order issued to Calabrese for Walnut Street. VOTE 4-0 Motion was made by Ms. Messick and seconded by Ms. Galiatsos to ratify the Emergency Order issued to the Town of Agawam for work on Mill Street. VOTE 4-0 The meeting adjourned at 3:15 PM. Agawam Conservation Commission May 13, 2010 Page 1 AGAWAM CONSERVATION COMMISSION May 13, 2010 MEMBERS PRESENT: _ Henry A. Kozloski, Chairman Sheryl Becker Steven Douglas - Magda Galiatsos £' Fred Harpin _ Jill Messick - Mark Soticheck 't3 " ALSO PRESENT: *•'' Pamela R. Kerr r� L Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES---April 8, 2010 Motion was made by Ms. Messick and seconded by Mr. Soticheck to approve the minutes of April 8, 2010 as written. VOTE 7-0 2. REQUEST FOR DETERMINATION— Perry Lane—Town of Agawam Michelle Chase, Town Engineer, was in attendance to present this RDA for adding additional parking at the Town's Perry Lane School. She stated that the Town has received many safety complaints regarding the current parking situation and that they are proposing to widen the existing driveway and repave the current lot and extend it 5' to 10' maximum, closer to the woods. Mr. Kozloski stated that he has been out there and that the work will take place approximately 90' to the wetland line. Mr. Harpin asked if this expansion would provide enough parking for future needs. Ms. Chase stated that they expect a three to five year lifespan with this expansion. Todd Oberheim of 62 Perry Lane was in.attendance to get information on the proposed work. Motion was made by Ms. Messick and seconded by Mr. Soticheck to issue a Negative Determination of Applicability for the Town of Agawam's proposed work on Perry Lane. VOTE 7-0 Motion was made by Mr. Soticheck and seconded by Ms. Becker to amend the order of the agenda and to include the "add-on's". VOTE 7-0 Agawam Conservation Commission May 13, 2010 Page 2 5. REQUEST FOR EXTENSION - Shoemaker Lane Self Storage An extension was requested for the completion of the Shoemaker Lane Self Storage facility. The members agreed to a one year extension and felt it would be beneficial to hold a site visit with the new owner and his contractor. Motion was made by Mr. Soticheck and seconded by Mr. Douglas to extend the Order of Conditions for Shoemaker Lane Self Storage for one year. VOTE 7-0 S. CERTIFICATE OF COMPLIANCE - lots 4 & 5 Connor's Cove Partial Certificates have been issued with holdbacks on these lots. Mr. Kozloski made a recent inspection and recommended that full Certificates be issued and the holdbacks be released. Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to issue Certificates of Compliance on lots 4 and 5 Connor's Cave, releasing the-holdbacks on each lot. VOTE 7-0 CERTIFICATE OF COMPLIANCE— Lots 3 & IS Elizabeth Street Motion was made by Ms. Messick and seconded by Ms. Becker to issue a partial Certificate on Lot 3 Elizabeth Street, requiring the buyer's attorney to hold back $2,000 at the closing to cover final establishment of the lawn. VOTE 7-0 Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to issue a partial Certificate on Lot 15 Elizabeth Street, requiring the buyer's attorney to hold back$2,000 at the cloying to cover final establishment of the lawn. VOTE 7-0 3. REQUEST FOR DETERMINATION — 116 Hunter's Greene Circle— Sullivan Jim Sullivan was in attendance this evening to present his RDA for the construction of a 26' x 28' garage behind the existing house. Mr. Kozloski stated that he made a site visit and that the area of the proposed garage is an existing grassed area and that the back of the yard drops off. He suggested that a row of staked haybales be placed during [ a Agawam Conservation Commission May 13, 2010 Page 3 construction. He asked Mr. Sullivan is there will be a foundation. Mr. Sullivan stated it will be built on slab. Motion was made by Mr. Soticheck and seconded by Mr. Douglas to issue a Negative Determination of Applicability for a garage at 116 Hunter's Greene Circle, requiring that staked haybales be placed prior to and during construction. VOTE 7-0 4. PUBLIC HEARING CONT. —Notice of Intent—Six Flags New England— warehouse John Furman of VHB and Chuck Davis of Six Flags New England were in attendance. Mr. Furman explained that the plan has been revised to show a retaining wall to be constructed in front of the existing sound wall (approximately 12' off back of the building). Dave Pickart of VHB, Inc. was also in attendance and presented the Commission with a written letter explaining the proposed design changes and how the redesigned plans will meet the performance standards for work within Riverfront Area. He stated that the proposed project originally included work in approximately 15,800 SF of Riverfront Area and that the revised plans include approximately 9,890 SF of work in Riverfront Area, an overall reduction of 5,910 SF. Of this, approximately 40 percent of the work (4,045 SF) will occur in previously developed Riverfront Area. Only 390 SF of permanent alteration is proposed in undeveloped Rivcrfront Area. Mr. Kozloski pointed out what a mess exists.on the other side of the wall at Riverview Avenue. Michelle Chase, Town Engineer, stated that the DPW has recently brought in gravel and improved the situation.. Mr. Pickart stated that restoration for this project will be at 10:1 or 3,480 SF. There being no public input, Mr. Kozloski closed the public hearing. The Order was written at the end of the meeting. 9. DISCUSSION —Hendom Drive/Paul Revere Drive— The Commission received a memo from the DPW outlining proposed stream improvements at Paul Revere/Hendom Drive,based upon numerous complaints received regarding flooding of property. Michelle Chase, Town Engineer, addressed the Commission and stated that as a result of the complaints, inspections were made and they found that pipes were installed and a bridge was constructed. She went on to say that the pipes are clogged. As the Town has a drainage easement in this area, they are proposing to remove the pipes and bridge; place riprap; and block the area and post signs. They would like to start this work next week that the properties affected are experiencing flooding during heavy rains. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue an Emergency Order to the DPW to perform the corrective measures/stream improvements at Paul Revere Drive/Hendom Drive and to notify the Commission 24 hours prior to the start of Agawam Conservation Commission May 13, 2010 Page 4 work; work to include removal of pies and bridge,placement or riprap, and block and post signs in the area. VOTE 7-0 5. ENFORCEMENT ORDER UPDATES- Anvil Street Ms. Messick stated that she recently inspected this area and stated that a problem exists behind the yellow house and is contributing to erosion down the hill. There was a lengthy discussion regarding how to correct this ongoing erosion problem. The Commission did not receive a filing for this phase of the subdivision, however, the Planning Board is holding a bond on the project. There was no decision or action taken on this item this evening. River Road (trucking co.) --Ms. Chase stated that the drainage pipe was installed but has been blocked off temporarily until the Stormceptor has been installed. Robin Ridge Drive—Ms. Messick stated that she recently inspected this site and found it to be in good shape and no problems were noted. Liquori Drive—The"no dumping" sign has not been posted yet and dumping is continuing. The members asked that a memo be sent to the DPW informing them of the sign and continued dumping. Walnut Street=Calabrese—Ms. Messick, Ms. Becker and Ms. Galiatsos met with Mr. Calabrese on-site two weeks ago and informed him to level off the area, grade and.seed. Ms. Messick stated thafthis work has not yet been done and asked that a letter be sent to Mr. Calabrese stating that the work must be completed within seven days. 9. COMPLAINT—Robinson Park A complaint was received regarding the brook "running brown" as it passes under the old stone bridge. Ms. Messick stated that she went to the Park and was not sure where the old stone bridge is but found that work had begun on dredging the pond and that perhaps the recent rains and the work on the pond resulted in the brook running brown. She did not note any violations or problems with the pond work. 10. DISCUSSION— Springfield Street— Coyote Realty Ms. Becker stated that she made a recent inspection of the Springfield Street site next to Stop & Shop and found that the silt fence is in need of repair again and there is a large pile of dirt on the back of the site as well. Mr. Harpin stated that the Town is using this site as a staging area for the sewer project and that work on the actual approved project has not begun. Ms. Becker stated that debris and grass clippings that have been dumped in the area. Ms. Messick stated that it appears that people that walk through the area are stepping on the silt fence. They asked that a letter be sent to the property owner stating that he must repair the silt fence and clean up the debris(grass clippings). Agawam Conservation Commission May 13, 2010 Page 5 11. CERTIFICATE OF COMPLIANCE—5 Twoifby Street Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue a Certificate of Compliance on 5 Twoifby Street pending a favorable inspection by a Commission member. VOTE 7-0 CERTIFICATE OF COMPLIANCE—61 Rugby Road Motion was made by Ms. Messick and seconded by Mr. Soticheck to issue a Certificate of Compliance on 61 Rugby Road pending a favorable inspection by a Commission member. VOTE 7-0 Mr. Kozloski stated that he would make the two Certificate inspections. The Commission then wrote the Order for Six Flags new warehouse. A copy can be obtained from the Town Clerk's office or the Commission office. Motion was made by Ms. Messick and seconded by Ms. Becker to issue the Order of Conditions for the new warehouse at Six Flags New England as written. VOTE 7-0 Motion was made by Ms. Messick and seconded by Mr. Soticheck to add a complaint regarding Tracy Drive to the agenda. VOTE 7-0 Ms. Messick stated that she had been contacted regarding dumping on Tracy Drive. She made an inspection and found that pallots have been piled; a tree has fallen on the detention area; and it appears that trees have been pushed (by a bobcat). The members agreed to send a letter to the property owner stating that all debris in the riverfront area must be removed. The meeting'adjourned at 7:30 PM. Agawam Conservation Commission April 8,2010 Page I AGAWAM CONSERVATION COMMISSION April 8, 2010 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Magda.Galiatsos Fred Harpin Jill Messick a Mark Soticheck MEMBERS ABSENT: Steven Douglas ALSO PRESENT: L Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES —March 11, 2010 Motion was made by Mr. Soticheck and seconded by Ms. Messick to approve the minutes of March 11, 2010 as written. VOTE 6-0 2, PUBLIC HEARING—Notice of Intent—Crestview Country Club— Shoemaker Lane Bruce Griffin of New England Environmental was in attendance to present this NOI for the aquatic management of six ponds. He stated that there is a large pond that is used for irrigation and the others are"water hazards" for the course. He also stated that two are connected with a stream. He stated that the treatment is for algae control and they will use a copper based algaecide called copper hydroxide or KTea. He went on to say that there will have an herbicide on reserve but at this time it does not appear the use of that will be necessary in 2010. Mr. Harpin asked if there would be any impacts on the streams if there are heavy rains during the treatment period. Mr. Griffin explained that in the case of heavy rains, some algaecide may leave the ponds that have outlets but would be diluted. He stated that they try to plan for the weather and make the application when no rain is anticipated. He went on to say that they are intending on only one application but a second one may be necessary if the algae is not fully gone. Mr. Harpin asked if there would be any harm from this downstream. Mr. Griffin stated that it will be diluted and the chemical is targeted toward algae. Mr. Kozloski then asked if they were intending to dredge the ponds. Mr. Griffin stated no, the ponds are not uniformly in need of dredging at this time but that they have been dredged in the past. He went on to say that the fertilizer used on the golf course is the contributing factor to the algae problem. Agawam Conservation Commission April S, 2010 Page 2 Mr. Kozloski stated that this treatment then will not correct the problem. Mr. Griffin stated that his firm will make source control suggestions. He went on to say that the bordering vegetated wetlands around the ponds have been delineated, however, no treatment is proposed in the bvw's. Ms. Messick asked if any other strategy was discussed. Mr. Griffin stated that he is unaware of any other strategies discussed with the client. Mr. Kozloski asked if it was expected that the treatments will allow for the restoration of fish life in the ponds. Mr. Griffin stated that he is not sure what fish exist in the ponds but that the chemical proposed doesn't usually kill fish. He went on to say that an annual report will be submitted after the treatments. The members discussed ways to notify people of the treatments. After discussion, it was agreed that signs be posted at the ponds stating that they are being treated for algae control. There being no public input, Mr. Kozloski closed the public hearing_ The Order will be written at the end of the meeting. 3. PUBLIC HEARING CONT. —Notice of Intent— 5 Silver Lake Drive— Silkey Heather Comee of Pioneer Environmental was in attendance and explained that the plans have been revised as they have chosen an alternative dock design. She stated that Mr. Silkey now will be installing a floating dock which will have less impacts than the - original proposal and will be easier to pull in and out of the lake. She stated that this will have a 16' ramp that will be hinged and secured to the dock and landing pad. There being no public input, Mr. Kozloski closed the public hearing. The Order will be written at the end of the meeting. 4. PUBLIC HEARING CONT. Notice of Intent— 1504 Main Street—Cirillo Mr. and Mrs. Cirillo were in attendance as well as Joe Petronino of Environmental Services. Mr. Petronino stated that the plan has been revised per DEP comments and now shows plantings of dogwood bushes 2.5' high, planted 10' on center and 2.5"caliper hemlocks planted 10' on center in the riverfront area for riverfront enhancement. He provided a written report in response to DEP comments as well. He stated that along with the plantings for riverfront enhancement, Mr. Cirillo will be installing a fence around the dumpster and the area will be cleaned up daily. Mr. Petronino went on to say that stormwater management wouldn't apply to this project due to the minor impacts. Mr. Kozloski asked if there would be an increase in'runof£ Mr. Petronino stated no. Mr. Kozloski asked if they were proposing to cover the refrigeration unit. Mr. Cirillo stated not at this time but may want to in the future. Mr. Kozloski stated that they can add to the Order that this may be enclosed in the future. Mr. Cirillo stated that he would like to provide different plantings than what Mr. Petronino suggested. He would like to plant junipers or white pines instead of hemlocks. The members agreed that they must be native species. There being no public input, Mr. Kozloski closed the public hearing. The Order was written at the end of the meeting. Agawam Conservation Commission April 8, 2010 Page 3 5. PUBLIC HEARING CONT. --Notice of Intent—Six Flags New England Motion was made by Mr. Soticheck and seconded by Mr. Harpin to table the Six Flags New England item to the next meeting at the requested of the applicant's representative. VOTE 6-0 6. ENFORCEMENT ORDERS (updates) Anvil Street—Ms. Messick stated that she was up there recently and it did not look too bad. Mr. Kozloski and Mr. Harpin stated that the farmer on North West Street is still complaining of runoff. Ms. Messick stated that she would re-inspect. Ms. Becker and Ms. Galiatsos stated they would go out with her. River Road—Mr. Kozloski stated that the pipe has been put in but is not yet connected. Robin Ridge—Members agreed that a re-inspection is needed. Liquori Drive—Town of Agawam—Ms. Messick stated that the "no dumping" signs have not been installed and that further dumping is occurring. A re-inspection of this area is also necessary. Motion was made by Mr. Soticheck and seconded by Ms. Messick to amend the agenda to include the "add-on's". VOTE 6-0 7. COMPLAINT—Barney Street Mr. Kozloski stated that the office received a complaint of trees being cut on the riverbank at the end of Barney Street on property owned by Frank DeCaro. He and Mr. Harpin made an inspection and found that some trees (most were dead)had been cut along with some brush. Mr. DeCaro indicated to them that he would like to landscape the area(plantings and retaining wall). He was instructed to submit a plan of what is proposing. Mr. DeCaro submitted a letter to the Commission today but it did not contain a plan showing where the proposed plantings and work would take place. Mr. Kozloski stated that he will contact Mr. DeCaro and explain what he needs to submit again. Tobacco Farm Road—Mr. Kozloski stated that the office received a complaint of trees being cut in the wetland on Tobacco Farm Road. He and Mr. Harpin made an inspection and found that some trees were cut but that the wetland in this area basically no longer exists due to construction in the area. There is, however, a deed restriction on the property. The members agreed that a letter be sent to the property owner stating that there is a deed restriction on this property and that any further work will require an RDA or NOI. Agawam Conservation Commission April 8, 2010 Page 4 Main Street—Ms.Messick stated that she was contacted by the Jodoin's regarding Mr. Cirillo's ZBA Decision on 1744 Main Street. They informed her that the plan that was approved states that the parking area may or may not be paved. The members agree that a letter be sent to Mr. Cirillo stating that paving of the parking area will require a notice of intent. 9. DISCUSSION—GIS Mr. Kozloski asked what the status of the Commission's GIS is. Ms. Messick stated that since the software has been bought, they now need to buy the actual gps unit and attend the next training program. She stated that the training programs are offered regularly and she thinks the next one may be in June. Mr. Kozloski then stated that late today he received an email from DEP regarding a complaint they received on Southwick Street regarding cutting of trees in a possible wetland. The members asked that a letter be sent to the property owner stating that they work they are doing may be in violation and to contact the Commission. The members then wrote the three Orders of Conditions. Copies can be obtained from the Town Clerk's office or the Conservation Commission office. Motion was made by Ms. Messick and seconded by Mr. Soticheck to issue the Order of Conditions for 1504 MajtOtrect Cirillo, as written. VOTE 6-0 Motion was made by Mr. Soticheck and seconded by Mr. Harpin to issue the Order of Conditions for Silkey at 5 Silver Lake Drive as written. VOTE 6-0 Motion was made by Mr. Soticheck and seconded by Mr. Harpin to issue the Order of Conditions for Crestview Country Club as written. VOTE 6-0 The meeting adjourned at 7: 30 PM. Agawam Conservation Commission September 10, 2009 Page 1 AGAWAM CONSERVATION COMMISSION September 10, 2009 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Magda Galiatsos Jill Messick Mark Soticheck MEMBERS ABSENT: Steven Douglas Sheryl Becker ALSO PRESENT: Deborah S. Dachos Pamela R. Kerr CD Mr. Kozloski called the meeting to order at 6:30 PM. - 1. APPROVAL OF MINUTES —August 27, 2009 : Motion was made by icheck and seconded by Ms. Galiatsos to approve the minutes of August 27as written. VOTE 4-0-01 (Messick abstained) 0 2. PUBLIC HEARING—Request to Amend Order of Conditions Silver Lake Kevin McKiernan of Silver Lake Corp. was in attendance. In July he submitted a letter to the Commission asking for an amendment to the Order of Conditions to require compliance with the 2004 lakes and ponds regulations. He also asked for an extension. The original Order of Conditions was issi,ed in 1997 for dredging of the lake and construction of a gabion wall. In 2000 the Commission extended that Order for three years to allow for an aquatic vegetatioti management program rather than amend the Order as was requested. The Order has since been extended and has not expired and the Commission has received reports from Lycott Environmental on the treatment program and its effectiveness. There being no public input, the public hearing was closed. Motion was made Ms. Messick and seconded by Mr. Soticheck to issue an amended Order of Conditions to Silver Lake Corp.to allow for aquatic weed treatment with herbicides. VOTE 5-0 a f Agawam Conservation Commission September 10, 2009 Page 2 Motion was made by Ms. Messick and seconded by Mr. Soticheck to amend the order of the agenda to include the "add-on's" and Request for Extension—W.S. Fish and Game Club. VOTE 5-0 Motion was made by Ms. Messick and seconded by Mr. Soticheck to extend the Amended Order of Conditions for Silver Lake for three years. VOTE 5-0 3. PUBLIC HEARING—Request to Amend Order—W.S. Fish & Game Club Mr. Kozloski announced that this public hearing will not be held as the existing Order of Conditions for the Fish and Game Club was filed for aquatic weed treatment. This item appeared on this evening's agenda as a result of a discussion at the last meeting regarding the lakes and ponds regulations. He went on to say that the Commission must act this evening on the extension request that was submitted. 7. REQUEST FOR.EXTENSION—West Springfield Fish& Game Club A three year extension was requested. Motion was made by Mr. Soticheck and seconded by Ms. Messick to extend the Order of Conditions for the West Springfield Fish& Game Club for three years as requested. VOTE 5-0 8. CERTIFICATE OF COMPLIANCE—31 West View Lane Mr. Kozloski made this inspection and recommended that a Certificate be issued. Motion was made by Ms. Messick and seconded by Mr. Soticheck to issue a Certificate of Compliance on 31 West View Lane. VOTE 5-0 Ms. Kerr noted that while researching this request she noted that a Certificate of Compliance had been issued earlier this year on the entire Giroux Estates project (West View Lane). 9. COMPLAINT 80 Elbert Road Mr. Kozloski explained that he responded to this complaint regarding erosion from drain pipes at the rear of the complainant's property. He stated that he made a site visit with a representative of the engineering department and the DPW and found that two of Agawam Conservation Commission September 10, 2009 Page 3 pipes are the state's and one is the Town's. He was informed that the DPW would contact the state to resolve the erosion problem. 10. COMPLAINTS — Main Street The Commission has not yet formally responded to the complaint by Cirillo or the complaint by the Jodoin's attorney. Motion was made by Ms. Messick and seconded by Mr. Soticheck to send letters to the complainants stating that there is no violation with the parking of cars on the Cirillo site at this time as the parking area already existed; and that there is no violation on the Jodoin property with the stockpiling of wood as it exists, however, nothing shall be stockpiled any further back. VOTE 5-0 4. PUBLIC HEARING CONT. —Notice of Intent—WMECO—Agawam/W. Spfld. Circuit Separation Project WMECO's representative has requested a continuance to the next meeting. 5. ENFORCEMENT ORDERS (update)—River Road Ms. Dachos stated that the state has given permission for the owner to drainage this water into the town drainage system. She stated that she will work with the DPW Superintendent on this matter. Ms. Messick stated that other than the large puddle in the parking lot, she is happy as the new path way is not being affected by it. Ms. Dachos stated that there is a sewer main underneath that parking lot and correcting the drainage problem is necessary still. Line Street—Kuzmenko—Mr. Kozloski stated that the vehicles have not yet been removed from behind the house. Robin Ridge—John Toomey was in attendance. Mr. Kozloski stdtcd that lie went out to the site today and found that the berms have not yet been installed and the silt fence has not been reinstalled properly. Mr. Toomey stated that the berms are scheduled to be installed on Tuesday and the bark mulch was to be started today. Mr. Kozloski informed him that the silt fences must be retrenched as they were not properly installed. He also stated that the 3:1 slope along the long driveway has not been achieved and that drains across that driveway may be needed or there may be an icing problem in the winter. Mr. Toomey stated that they no longer own that lot. Mr. Kozloski asked that they provide the Commission, in writing, the names of the owners of any of the lots that have been sold. Mr. Toomey gave the Commission Tom Lockwood's name as the owner of the lot with the long driveway that needs work per the enforcement order. Mr. Kozloski also pointed out that the detention pond does not appear to be graded properly and that there may be a Agawam Conservation Commission September 10, 2009 Page 4 problem with the outlet in the future as there is an approximately 5' drop. Ms. Messick stated that she agrees that there may be a problem in that area in the future and asked that they come up with a proposal for the Conservation Commission to approve. Mr. Soticheck suggested a gabion pad and mattress. Mr. Toomey stated that he would have his engineer come up with a suggestion. A site visit will be scheduled. 3. REQUEST FOR DETERMINATION 64 Spearfarm Road—Wargo Mr. and Mrs. Wargo were in attendance to present this RDA which shows the construction of a 30' x 44' addition to their existing home. Mr. Kozloski made a site visit and recommended that a Negative Determination be issued for this addition as the area is very flat and they will still be approximately 90' from the wetland. Motion was made by Ms. Galiatsos and seconded by Mr. Soticheck to issue a Negative Determination of Applicability for Wargo — 64 Spearfarm Road. VOTE 5-0 ENFORCEMENT ORDER—Anvil Street Mr. Calabrese was in attendance this evening and submitted photos showing the grading that was done today on lot 3. He stated that they created an approximately 20' wide terrace as well. 11. DISCUSSION —Riverwalk Loop Mike Gagnon of Fuss & O'Neill was in attendance. Ms. Dachos explained that the Town has a contract with Fuss & O'Neill for the design of the bike path loop that would connect to Main Street. She went on to say that evaluations of alternative routes were done and the School Street route was chosen. Mr. Gagnon stated that the 25%design plans should be ready next week and that an ENF is being prepared for the next edition of the Monitor(tree impacts). He went on to say that Mass. Highway Department must review the 25% design plans then a public hearing will be held with the abutters. He gave a brief overview the proposal --a portion of which will be a"share the road" project (roadway widening) and the other portion will be a separate multi-use trail. He stated that the proposed widening varies and that permanent easements would be needed. A retaining wall.is shown along a portion of the proposed bike path which nuns.along Town-owned property on School Street. The existing bike lane to the School Street Park will be resurfaced and ramp improvements at River Road will be made. Members agreed to a site walk during the following week to view areas of concern. The meeting adjourned at 8:15 PM. o c✓✓7 Agawam Conservation Commission August 27, 2009 Page 1 AGAWAM CONSERVATION COMMISSION August 27, 2009 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Steven Douglas c� Magda Galiatsos , Mark Soticheck - MEMBERS ABSENT: Fred Harpin y` ' Jill Messick —` o ALSO PRESENT: Deborah S. Dachos J Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES—July 23, 2009 Motion was made by Mr. Soticheck and seconded by Ms. Becker to approve the minutes of July 23, 2009 as written. VOTE 5-0 Motion was made by Mr. Soticheck and seconded by Ms. Becker to amend the order of the agenda. VOTE 5-0 3. PUBLIC HEARING CONT. —Notice of Intent—WMECO--Agawam/West Springfield Circuit Separation Project Rob Young of Haley&Aldrich was in attendance as well as Dave Cameron of AECOM and Girish Behal of Northeast Utilities. Mr. Young summarized the site walk that was held since the last meeting to view an alternative route near Bondi's Island. He stated that in terms of the access roads, they have committed to fabric and fill roads, as discussed during the on-site. He provided the Commission with written impacts on both the proposed route and the alternative route. He concluded that permanent impacts are significantly less for the original proposal than the alternative. He stated that a continuance of the hearing will be necessary as they are still finalizing the mitigation plan, the location of which must remain confidential at this time. He did say that they are Agawam Conservation Commission August 27, 2009 Page 2 proposing approximately 74,000 SF of creation/enhancement of bordering vegetated wetland for mitigation. Ms. Becker stated that she understands that part of the filing for this project in West Springfield includes a river clean up through the use of the project filing fee. Mr. Cameron stated that the agreement was that WMECO would donate $1,000 to West Springfield to be used for a general clean up of the Westfield River. He explained that mitigation for the Agawam portion far surpasses the $1,000 mark. Motion was made by Mr. Soticheck and seconded by Ms. Becker to continue the public hearing for the Notice of Intent for WMECO's Agawam/West Springfield Circuit Separation Project to the next meeting as requested by the applicant. VOTE 5-0 4. ENFORCEMENT ORDERS (update) - Anvil Street— There was nothing new to report. Kuzmenko— Line Street—Mr. Kozloski stated that it appears that the vehicles have been removed. He will reinspect for the next meeting. Pynchon Point—The state has responded to the property owner in writing that the drainage system in Meaodw Street Ext is not a Mass. Highway drainage system and that he should work with the Town on connecting to it. 1744 Main Street—Cirillo—Mr. Kozloski stated that he made a recent inspection and found that the pile of leaves have been removed from the buffer zone. He recommended that the Enforcement Order be lifted at this time. Motion was made by Mr. Soticheck and seconded by Ms. Becker to lift the Enforcement Order date March 31, 2009. VOTE 5-0 Robin Ridge Estates—Mr. Kozloski stated that he made a site visit today and found that the berms along the roadway have not been installed yet. The silt fences have been reinstalled but he stated he is not sure it they will he adequate. The grading on the sides of the roadway has not been done yet. Mike Banville was in attendance and stated that they have tried to stabilize the site but one area where there is erosion.they no longer own the lot. He stated that his contractor will address the remaining items and install the berms next week. Mr. Kozloski stated that he will re-inspect next week. 5. CERTIFICATE OF COMPLIANCE—lot 2 Connor's Cove Mr. Kozloski made this inspection and recommended that a Certificate of Compliance be issued at this time. Agawam Conservation Commission August 27, 2009 Page 3 Motion was made by Mr. Soticheck and seconded by Mr. Douglas to issue a Certificate of Compliance on lot 2 Connor's Cove. VOTE 5-0 2. REQUEST FOR EXTENSION & AMENDMENT TO ORDER OF CONDITIONS— Silver Lake Kevin McKiernan of Silver Lake Association was in attendance to discuss his request to amend the Order of Conditions to require compliance with the 2004 lakes and ponds guidelines and to extend the Order of Conditions as well. Ms. Dachos explained that she contacted DEP today after researching the file. The original Order of Conditions was issued in 1997 for dredging of the lake and installation of a gabion wall. In 2000 the Commission was requested to amend the Order of Conditions to allow for an aquatic vegetation management program (3 year program). At that time, the Commission voted to extend that Order of Conditions to allow for the three year vegetative management program. The Order was never amended She was informed by DEP that the regulations on lakes and ponds are now more extensive and that because of additional impacts to the lake a new notice of intent would be necessary. Mr. McKiernan stated that he also contacted DEP and explained that filing a new notice of intent would be cost prohibitive for the association. He stated that they are just a bunch of private landowners trying to control the weeds in the lake. He stated that DEP informed him that the decision to amend the existing Order of Conditions would be up to the Conservation Commission. Mr. McKiernan stated that additional impacts with the weed treatment are not siginificant and Lycott has been submitting reports as required. There w as a lengthy discussion on how to handle this. In conclusion, the following motion was made: Motion was made by Mr. Soticheck and seconded by Ms. Becker to extend the Order of Conditions for Silver Lake for 30 days. VOTE 5-0 Mr. Kozloski asked the members for their input on whether a new notice of intent should be required. Mr. Soticheck stated that he understands the regulations have changed but requiring a new notice of intent on an ongoing weed treatment program that has been in effect since 2000 did not seem appropriate. Ms. Dachas stated that Silver Lake and the West Springfield Fish and Game Club both began their treatment programs prior to the new regulations. Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to allow for an amendment to the Silver Lake Order of Conditions for aquatic vegetation management rather than require a new notice of intent. VOTE 5-0 r ry e Agawam Conservation Commission August 27, 2009 Page 4 A public hearing will be scheduled for the next meeting. 6. CERTIFICATE OF COMPLIANCE—American Renal Associates—Harvey Johnson Drive Mr. Kozloski made this inspection and found that construction has not been completed. They are not ready for a Certificate of Compliance yet. Motion was made by Mr. Soticheck and seconded by Mr. Douglas to deny the Certificate of Compliance for American Renal Associates as construction has not been completed yet. VOTE 5-0 7. COMPLAINT—Hendom Drive Drzal Mr. Kozloski stated that he responded to this complaint regarding clogged culverts that are resulting in erosion on this property. He and John Decker of the Engineering Department made an inspection in the area of the pumpstation and found that the culverts were not clogged but there is some vegetation that the Town should remove. He went on to say that they did not go to Mr. Drzal's property but will try to set something up next week. COMPLAINT—Blair's Hill Road A complaint was received regarding lawn clippings being dumped near a stream. A letter will be sent to the homeowner informing them that this is not allowed and to prevent further dumping. S. CERTIFICATE OF COMPLIANCE—91 Elizabeth Street Mr. Kozloski made this inspection and recommended that$1500 be held back at the time of the closing to cover establishment of the lawn. He stated'that it has been seeded, however, the grass was not yet up. Motion was made by Mr. Soticheck and seconded by Ms. Becker to issue a partial Certificate of Compliance for 91 Elizabeth Street with a$1500 holdback to cover establishment of the lawn. VOTE 5-0 9. REQUEST FOR EXTENSION West Springfield Fish& Game Club r Agawam Conservation Commission August 27, 2009 Page 5 The members discussed this request and agreed to scheduled a public hearing for the next meeting to amend this Order of Conditions as well to require compliance with the 2004 lakes and ponds regulations. The Order will expire on September 25ch Motion was made by Mr. Soticheck and seconded by Ms. Becker to allow for an amendment to the Order of Conditions for the West Springfield Fish & Game Club to require compliance with the 2004 lakes and ponds regulations rather than require a new notice of intent. VOTE 5-0 10. Violation—Cosgrove Avenue Mr. Kozloski stated that while making the inspection at Connor's Cove, he noticed work that had been done on Cosgrove Avenue in the area of the stream crossing. Dirt has been pushed way back and over the embankment. He was told the Town had done the work. He spoke with the DPW and informed them that an Enforcement Order would be issued if the area was not cleaned up by tomorrow. He will make another inspection tomorrow. The members were in agreement that he issue an Enforcement Order tomorrow if the work has not been done. The meeting adjourned at 7:30 PM. Agawam Conservation Commission July 23, 2009 Page 1 AGAWAM CONSERVATION COMMISSION July 23 , 2009 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker � Steven Douglas Magda Galiatsos Jill Messick T" ' Mark Soticheck - MEMBERS ABSENT: G? Fred Harpin Cn ALSO PRESENT: ` Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. I. APPROVAL OF MINUTES —June 11, 2009 Motion was made by Ms. Messick and seconded by Ms. Becker to approve the minutes of June,11, 2009 as written. VOTE 4-0-2 (Galiatsos& Douglas abstained) 2. PUBLIC HEARING—Notice of Intent—Western Mass. Electric Co. — AgawamlWest Springfield Circuit Separation Project Robert Young of Haley&Aldrich was in attendance as well as Jeff Towle of Northeast Utilities and Ashley Beluzo of AECOM. Mr. Young explained that currently there are two circuits on each lattice tower and they are proposing to separate the circuits.onto separate structures. He stated that they are moving forward with permitting on the route as shown, however, they would request to amend the Order if the alternative route is eventually chosen. He went on to say that they are still in discussion with municipal leaders regarding the possibility of the alternative route in the Bondi's Island area which would mean relocating a portion of the power lines. In terms of impacts from the project he explained that there would be temporary access roads constructed and also placement of crane pads which would be on geotextile fabric with stone. Ms. Messick brought up the Engineering Department comments concerning stockpiling. Mr. Young stated that there is a 100' x 100' workspace shown which is over estimated as it is assumed that the temporary impacts will only require approximately 5,000 SF of space. He stated that there will be sufficient room to pile the spoils in this area. He went on to say that the spoils would first be placed on the crane pad which will have erosion controls and they will be relocated within this area. In terms of permanent impacts he stated that they will consist of the new foundations for the poles. Total impacts with this submittal include .S Agawam Conservation Commission July 23, 2009 Page 2 acres of bordering vegetated wetland; 2.2 acres of bordering land subject to flooding and .9 acres of riverfront area. A breakdown of permanent impacts (fill for the new poles and tree clearing) and temporary impacts (crane pads and access roads) was provided with a breakdown of square foot impacts in each resource area category. Mr. Young then addressed the DEP comments that were issued with the file number: a response has been received from NHESP stating"no taking" and"no adverse effect"; a copy of the MEPA certificate was provided which states "does not require and EIR". The MEPA certificate requires adherence to NHESP conditions and any change in the proposed route may require a Notice of Project Change. Per DEP comments, Ms. Beluzo stated that updated wetland data sheets will be provided. Mr. Young went on to discuss the DEP comment regarding limited project performance standards and stated that an off-site location is currently being negotiated and must remain confidential at this time, for wetland mitigation. He stated that this'will provide for approximately 75,000 SF of wetland creation. He went on to say that they cannot meet the performance standard for compensatory storage as they have no area to do that and are requesting a waiver of that requirement from the Commission. Mr. Kozloski stated that the Commission cannot write the Order of Conditions without the information on the off-site mitigation. Mr. Young stated that he is aware of that and hopes to have that information available soon. He stated that they will be requesting a continuation of the hearing to the second meeting in August. Mr. Soticheck asked where the staging areas would be located. Mr. Young stated that they would be in upland areas. At this point Mr. Kozloski ran a slideshow of each of the wetland areas associated with this project. He stated that the alternative route would appear to have less environmental impacts than the route shown. Mr.Young stated that the alternative route at Bondi's Island would cause more tree clearing in the riverfront area; would have approximately less than one tenth of an acre of temporary impacts; and the same amount of permanent impacts. Mr. Soticheck stated that the use of "swamp mats"would be best and that the alternative route may be better. Jeff Towle stated that they have a plan specific for that area and feel it is a sensitive area. Mr. Kozloski stated that the members should go back out and walk the alternative route. Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to continue the public hearing the NOI on Agawam/West Springfield Circuit Separation by WMECO to August 27th as requested by the applicant. VOTE 6-0 3. REQUEST FOR DETERMINATION=49 Silver Lake Drive—Snow Mr. Snow was in attendance to present this RDA which he filed for the construction of an above-ground pool and deck, replacement of existing roof and removal of three to four trees. Mr. Kozloski stated that he visited the site and that the area of proposed pool is flat and then it drops down with approximately 65' to the water. Ms. Becker asked if the trees were at risk of damaging the house. Mr. Kozloski stated yes, that the trees were leaning towards the house and would hit it if they fell. Ms. Messick asked if he was proposing to change the footings. Mr. Snow stated that he will be using sauna tubes and they will be placed out further than the existing concrete. Mr. Kozloski stated that the Agawam Conservation Commission July 23, 2009 Page 3 stumps should also be removed and that he informed Mr. Snow that any material that is removed for the project should be removed from the site. Mr. Snow stated that there are some areas on his lawn that he would like to place some of the dirt. Motion was made by Mr. Soticheck and seconded by Ms. Becker to issue a Negative Determination for Snow at 49 Silver Lake Drive requiring that haybaies be used if necessary and he shall notify the Commission prior to starting the work. VOTE 6-0 4. DISCUSSION— Silver Lake Drive correspondence Kevin McKiernan of Silver Lake Associates submitted a correspondence to the Commission regarding the weed control Order of Conditions. He provided the Commission with information on the treatment as it pertains to the 2004 Lakes and Ponds Guidelines and has requested: whether this material complies; to amend the Order of Conditions to require compliance with the Guidelines; and to extend the Oder of Conditions for the weed treatment. There was a lengthy discussion regarding these requests and how best to handle them. First, the agenda was incorrect as it states "discussion". The members agreed that these separate requests should be listed as such on the next agenda at which time they will vote on them. There was support this evening to allow for a 3 year extension and to add a condition that the requirements of the 2004 Lakes and Ponds Guidelines be adhered to. 5. RATIFY EMERGENCY ORDER— 111 Florida Drive Mr. Kozloski stated that he issued this Emergency Order for the removal of a tree that was in danger of falling on the house. Motion was made by Ms. Messick.and seconded by Mr. Soticheck to ratify the Emergency Order issued for a tree removal at 111 Florida Drive. VOTE 6-0 6. PUBLIC HEARING CONT. —Harvard Avenue—Grimaldi Ms. Kerr explained to the members that the applicant's attorney has met with the Planning Board and Town Solicitor and will be starting the process to abandon Harvard Avenue (paper street not constructed) and to purchase land from two abutters to allow him access to this lot. She suggested that the Commission continue the hearing once again. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to continue the hearing for Grimaldi on Harvard Avenue for an additional ninety(90) days. VOTE 6-0 Agawam Conservation Commission July 23, 2009 Page 4 7. REQUEST FOR EXTENSION 131 Ridgeway Drive—Guiel Mr. Guiel has requested another extension of his Order of Conditions for a single family home on Ridgeway Drive. The Commission has granted one extension so far. The members discussed the matter and agreed that this will be the last extension if no work has been started on this project as the wetland boundaries may have changed. Motion was made by Ms. Messick and seconded by Ms. Becker to extend the Order of Conditions for Guiel on Ridgeway Drive for one year and to send a letter to the owner stating that this will be the last extension granted if no work has begun as the wetland boundaries may have changed. VOTE b-0 8. ENFORCEMENT ORDERS (update) —Anvil Street Ms. Messick stated that a lot of grading has been done on this project however there are still some areas that have not been touched. Ms. Kerr explained that Mr. Calabrese attended the last Planning Board meeting and was instructed by the Board to immediately loam, seed and mat the area behind the new foundation that was poured, once it has been backfilled. The members asked that a memo be sent to the Planning Board asking for an update on the status. River Road—Pynchon Point—There was nothing new to report. Members requested an update prior to the next meeting on the status of the property owner's appeal to Mass. Highway to allow for a drain connection. Line Street—Kuzmenko—The house is almost complete, the vehicles have not yet been moved and the silt fence is down in spots. 1744 Main Street—Cirillo A re-inspection is needed to view whether all leaves have been removed from the wetland buffer. 9. COMPLAINT—Main Street—Cirillo This complaint was filed by Mrs. Cirillo against the Judoins and alleges that there is a dog kennel and pile of wood in the wetland buffer. Mrs. Cirillo has given written permission to the Commission to enter 1744 Main Street to view the area of the complaint, however, it stipules "FOR THE SOLE PURPOSE"of viewing the area of the complaint. Motion was made by Mr. Soticheck and seconded by Ms. Messick to amend the agenda to include the "add-on's" and a discussion of R. Santinello. Agawam Conservation Commission July 23, 2009 Page 5 VOTE 6-0 10. COMPLAINT—Main Street Lyon & Fitzgerald This complaint was received by the law firm representing the Judoin's and states that they feel the parking of cars in the buffer zone is a violation. Mrs. Judoin was in attendance and stated that recently Mr. Cirillo has dumped logs and tree stumps behind his property. She went on to say that Mr. Cirillo continuously dumps in the wetland that borders hers. Mr. Kozloski stated that there is ongoing litigation with the neighbors. Mrs. Judoin stated that a DEP vehicle was at the property recently. Motion was made by Ms. Messick and seconded by Mr. Soticheck to notify DEP that there is continuous dumping going on at 1744 Main Street and to make an official inquiry on parking cars in the buffer. VOTE 6-0 Mrs. Judoin gave the Commission members permission to go on her property to check for a dog kennel or wood pile in the buffer zone. She stated that there is a kennel that has been there for approximately 13 years which. does not currently use. 11. COMPLAINT—Robin Ridge Estates Mr. Kozloski stated that he received an email complaint from an abutter to the Robin Ridge Estates subdivision concerning erosion. He made an inspection and then made another inspection with a representative of the Engineering Department. He took photos of the area and presented them to the members in a slideshow. He stated that along with the.silt fence being buried in spots, there is approximately 6" to 10" of water in the detention pond. He asked that a memo be sent to the Engineering Department asking if this is to be a"wet pond" or "dry pond".- Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue an Enforcement Order to Banville/Toomey LLC (developer)requiring the followingwithin 14 days of receipt of Enforcement Order: areas where the silt fence has been breached,. all sediment shall be removed and'the area is to be stabilized. Slopes from roadway to the limit of work line shall be re-established as shown on approved plan (minimum 3:1 slope) and loamed and seeded using stabilization mats. In areas where sediment has reached the wetland, a plan shall be submitted by an environmentalist showing restoration to be approved by the Conservation Commission. Any sediment to be removed in this area must be removed by hand (no machinery). All silt fences shall be inspected and repaired. Berms shall be constructed along roadway to ensure the water is directed per the erosion control and stormwater management plan. VOTE 6-0 w Agawam Conservation Commission July 23, 2009 Page 6 Mr. Soticheck stated that he received a call from Ron Santinello of North Agawam. He stated that his neighbor has several vehicles and oil tanks in his yard and it appears that oil is getting into the wetland. Mr. Kozloski stated that would be a DEP hazardous waste department matter and that the property owner should contact them. The meeting adjourned at 8.00 PM. Agawam Conservation Commission May 28, 2009 Page 1 AGAWAM CONSERVATION COMMISSION May 28, 2009 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Steve Douglas Magda Galiatsos , Fred Harpin Jill Messick 'bb - MEMBERS ABSENT: rV { Mark Soticheck ALSO PRESENT: Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES —May 14, 2009 Motion was made by Mr. Harpin and seconded by Ms. Messick to approve the minutes of May 14, 2009 as written. VOTE 6-0 2. PUBLIC HEARING—Notice of Intent—North West Street— Springfield Water & Sewer Commission Dana Hachigian of Springfield Water and Sewer was in attendance to present this Notice of Intent which shows their proposal to cut down thirteen(13) trees at their North West Street site. She stated that this work is being proposed for standard security reasons and to protect the power lines in the area. Mr. Harpin reminded the members of a site visit that was held to discuss this activity. There is a small brook in this area. Ms. Hachigian stated that the stumps will be left and that all other debris will be cleared/removed. She went on to say that in speaking with interested bidders of the work, they may use mats and cranes and go in from the street to remove the trees. There being no public input, the Commission closed the public hearing. The Order was written at the end of the meeting. 3. PUBLIC HEARING—Notice of Intent— Suffield Street—McDonald's Matt Smith of Bohler Engineering was in attendance as well as Adam Guilmette of McDonald's USA. Mr. Smith explained that this is a raze and rebuild. The existing building is 6,000 SF, the new building which will be located at the south end of the plaza will be 3800 SF. He stated that there is a perennial stream to the south. The project will remove approximately 6500 SF of impervious area and all work will take place within the Agawam Conservation Commission May 28, 2009 Page 2 existing paved area. The plan shows a landscaped area which Mr. Smith stated will contain wetland friendly plantings (i.e. high bush blueberry, red dogwoods). Existing utilities will be utilized and mechanical separators will be installed for 80%tss removal. DEP has submitted comments as well as the Engineering Department. One of the Engineering Department comments was to show the proposed snow storage area. Mr. Smith stated that the snow will be piled away from the stream in the landscaped area. Another Eng. Dept. comment was that the DPW may require spot sweeping of the site during construction. Ms. Messick stated that she had a couple of questions on the Notice of Intent. The first was the checklist, standard#1 .... "to the maximum extent possible". Mr. Smith explained that there is no new point discharge associated with this filing and that at this point they don't know where the existing drainage outlets to the stream but, in any event, he stated that there will be less flow with the new project. Ms. Messick had other technical questions with the NOI that Mr. Smith addressed. Members were familiar with the site as a site visit was held last month. There being no public input, Mr. Kozloski closed the public hearing. The Order was written at the end of the meeting. 4. PUBLIC HEARING CONT. —Notice of Intent—Harvard Avenue—Grimaldi The Commission received a letter from the applicant's land surveyor stating that work on the Planning Board issue with this site is continuing and that they should have a resolution soon. Motion was made by Ms. Becker and seconded by Ms. Messick to continue the public hearing for Harvard Avenue for 30 days. VOTE 6-0 5. ENFORCEMENT ORDER UPDATES---Anvil Street Mr. Kozloski stated that a grading plan is being prepared and should be submitted soon. River Road—The Commission received a copy of Mr. Townsend's appeal to the Mass. Highway Department for connection to their drain. The members agreed to ask the Mayor for her written support of the appeal and for her to ask Representative Sandlin and Senator Buoniconti for their support as well. Line Street—Kuzmenko—Nothing new to report. Longbrook Estates—Leif Ronaldson was in attendance. He stated that he has not heard from the bank yet or DEP. He was informed that the matter was turned over to DEP last week. 1744 Main Street—Cirillo Agawam Conservation Commission May 28, 2009 Page 3 Mr. Kozloski informed the members that Mr. Cirillo had contacted the office and stated that he was not removing any more leaves from the buffer. The members had been out to this site and found that while some leaves were removed, there were still some remaining. The members agreed to send Mr. Cirillo a letter stating that all leaves must be removed from the buffer zone within fourteen days or the matter will be turned over to DEP. 6. CERTIFICATE OF COMPLIANCE—Lot 3 Connor's Cove Mr. Kozloski stated that he made this inspection and the grass is growing, however, when they mowed the detention pond it left some small ruts. He stated that he spoke with Mr. Russo and he will repair the small ruts. Mr. Kozloski recommended that a Certificate be issued at this time. Motion was made by Ms. Messick and seconded by Ms. Bekcer to issue a Certificate of Compliance for Lot 3 Connors Cove. VOTE 5-0-1 (Harpin abstained) 7. UPDATE - WMECO Projects Dave Cameron of AECOM was in attendance as well as Rob Young, Permitting Manager with Haley& Aldrich and Girish Behal, project manager with Northeast Utilities. Mr. Behal explained that they were here tonight to give the Commission an update on the Greater Springfield Reliability Project and the Agawam/West Springfield Circuit Separation Project. They began with the Agawam/W.S. Circuit Separation Project. He stated that this project includes a rebuild of two existing circuits with monopoles vs. lattice tops. Dave Cameron explained that wetland impacts associated with this project will include improving and creating new access roads and timber mats will be used. Mr. Harpin asked if there would be any ROW widening with this project. Mr. Behal stated no. Mr. Cameron stated that mitigation for both of these projects will be done off site at a location they cannot yet disclose and that it will include approximately 2.5 acres of new wetland. An RDA will be submitted for this project next week with a Notice of Intent by the end of June. They then spoke of the Greater Springfield Reliability Project. Mr. Kozloski had' prepared a power point presentation which not only showed a photo of the WMECO lines and where they run through the town but also photos of each wetland along the route which were taken when the members walked the route last fall. Mr. Cameron asked if the members would like to walk the Agawam/West Springfield route. Mr. Kozloski stated yes. In conclusion, both projects will require a total of two Requests for Determinations and four Notices of Intent. i, Agawam Conservation Commission May 28, 2009 Page 4 The members then wrote the Order of Conditions for the Springfield Water and Sewer Commission on North West Street. A copy can be obtained from the Town Clerk's office or the Commission's office. Motion was made by Ms. Messick and seconded by Mr. Harpin to issue the Order of Conditions for Springfield Water and Sewer Commission on North West Street as written. VOTE 6-0 The members then wrote the Order of Conditions for McDonald's on Suffield Street. A copy can be obtained from the Town Clerk's office or the Commission's office. Motion was made by Ms. Messick and seconded by Mr. Harpin to issue the Order of Conditions for McDonald's on Suffield Street as written. VOTE 6-0 The meeting adjourned at 7:40 PM. Agawam Conservation Commission April 23, 2009 Page 1 AGAWAM CONSERVATION COMMISSION April 23, 2009 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker a Magda Galiatsos `� �• Fred Harpin ,r Jill Messick Mark Soticheck `J' _''r MEMBERS ABSENT: = _: Steven Douglas 4UN ALSO PRESENT: \ Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. I. APPROVAL OF MINUTES —April 9, 2009 Motion was made by Ms. Messick and seconded by Ms. Becker to approve the minutes of April 9,2009 as written. VOTE 6-0 2. PUBLIC HEARING CONT. —Notice of Intent—Phase I Sewer Extension— Town of Agawam Melissa Coady of Tighe& Bond was in attendance as well as Jack Stone and Chris Golba of the Agawam Department of Public Works. Ms. Coady explained that she has responded to the DEP comments in writing(copies provided to the Commission) and has received a response from NHESP. She stated that NHESP has found that under the Wetlands Act this project will have"no adverse effect".... And under the Endangered Species Act this project constitutes a"no take.....". She went onto say that per a conversation with Henry Kozloski, she has submitted a proposed slope stabilization "contingency plan"which she would suggest the Commission implement, if necessary, depending on the time of the work with the growing season. Mr. Kozloski's concern was that if this work took place at the end of the growing season that the slopes would not be stabilized and he did not feel placement of straw would be adequate. Ms. Coady stated that they are proposing double rows of silt fence or a degradable erosion control blanket. Mr. Kozloski asked if hydroseeding was considered. Ms. Coady stated that was not discussed. She went on to say that the project will take approximately 2.5 to 3 months to complete and that commencement of work during the growing season is a big factor. Mr. Kozloski then asked about dewatering. Ms. Coady stated that if dewatering is necessary it will be accomplished by a sump pump that would then pump the water to a filtration Agawam Conservation Commission April 23, 2009 Page 2 device and the out to beyond the work area. Mr. Kozloski asked that the Commission be notified if dewatering is necessary. There being no public comments, the public hearing was closed. The Order was written at the end of the meeting. A copy can be obtained from the Commission's office or the Town Clerk's office. 3. PUBLIC HEARING—Notice of Intent—Dept. of Conservation & Recreation —Robinson Pond Dan Herzlinger of ESS was in attendance to present this Notice of Intent for the dredging of Robinson Pond to remove sediment and improve water quality and wildlife habitat. He stated that they will draw down the pond slowly through an open gate valve structure. Erosions controls will be placed and a temporary construction access/egress area for equipment will be provided. Excavators will remove up to 3,000 cubic feet of sediment and will pile it in the dewatering area at the northern end of the pond. The sediment will then be hauled away in trucks and stockpiled within the Park for future use. Mr. Soticheck asked if they had considered using a mud cat dredger which he stated would provide for less disturbance to the wetland and is very effective. Mr. Herzlinger stated that he was not aware as to whether DCR considered that technique but that the plans for a "dry dredging"would limit the downstream sediment and was recommended by DER He went on to say that there will be impacts to the pond bottom and to approximately 20 linear feet of bank. They are proposing to do the drawdown in the Fall and then refill the pond slowly in the Spring. Mr. Harpin asked if they will be replacing with clean sand. Mr. Herzlinger stated no, nothing will be brought back in and the sand and sediment removed will be tested and used within the Park. Ms. Messick stated that the carp should be removed from the pond first and that requirement will be put in the Order of Conditions. Mr. Kozloski stated that there is a lot of sedimentation near the berm on the detention pond. Mr. Herzlinger stated that DCR wants to dredge that area also at some point,but now with this project. He went on to say that was included in the Stormwater Report. Ms. Messick asked if a Lake Management Plan has been prepared. Mr. Herzlinger stated during the ENF site walk there was a discussion of a watershed plan. He stated he would check on that. Ms. Messick asked what type of temporary construction egress was planned. Mr. Herzlinger stated it will be a compacted gravel roadway. Mr. Kozloski asked for any public input. Robert Westport, Horsham Place—stated that there are trees across from the beach that need to be taken down and asked if that was part of this project. Mr. Herzlinger stated no. Ms. Messick suggested that he contact DCR regarding the trees. Kathy Breuniger, 349 North Street asked if sand was being brought in for the swim areas. Ms. Messick stated that the beach area will be replaced. Ms. Breuniger asked why they are not creating another beach area as existed years ago. Mr. Herzlinger stated that was not part of this project. Agawam Conservation Commission April 23, 2009 Page 3 A response from NHESP has not yet been received, therefore, the Commission continued the public hearing to the next meeting. 4. PUBLIC HEARING CONT. —Notice of Intent— 1340 Springfield Street— Coyote Realty LLC Jay Lefebvre of Coyote Realty LLC was in attendance. He stated that the Planning Board approved the site plan for this project last week. He brought in copies of a revised plan that he had prepared for last week and explained that the Planning Board approval contained conditions which are not shown on this plan yet. He explained that additional parking was provided in the rear and then the back row was removed to keep the work further away from the wetland. Mr. Kozloski stated that he feels this project is an improvement to the site and an enhancement to the area. There being no public input, the Commission closed the public hearing. Mr. Lefebvre was informed that while the Order of Conditions will be written this evening, it will not be issued until the final revised plan has been submitted. 5. PUBLIC HEARING CONT. —Harvard Avenue— Grimaldi The Commission continued this hearing once again as the applicant's attorney is still working on Planning Board issues with the proposal. 6. ENFORCEMENT ORDERS (updates)—Anvil Street A follow-up meeting has not yet been scheduled. An afternoon meeting for next week was suggested. River Road(Pynchon Point)—Ms. Messick stated that she contacted the Engineering Department and they have not heard anything on whether the property owner can connect to the existing drain. The members asked that a memo be sent to the Town Solicitor with a copy to Mike Chase stating that this matter is urgent and requesting an update. Line Street —Kuzmenko—Mr. Kuzmenko was in attendance this evening. Ms. Messick asked when the cars would be removed from the wetland as was part of the Enforcement Order. Mr. Kuzmenko stated that he is working on having them removed. He will notify the Commission once this is done. 1744 Main Street—Cirillo— Mr. Cirillo contacted the office and stated that the pile of leaves will be removed by Monday. He also filed a complaint on his neighbor at 1736 Main Street for dumping of yard debris and manure in a wetland. While making the complaint, he offered the members to go on his property to view the violation on his neighbor's property. Cooper Street—TOA nothing new to report. Agawam Conservation Commission April 23, 2009 Page 4 Longbrook Estates—Leif Ronaldson of GFI Boston was in attendance to inform the Commission that he has not yet heard back from the Bank. At the last meeting the Commission gave three weeks to get a decision from the Bank before turning the matter over to DEP. Mr. Ronaldson stated that he would contact the office prior to next Thursday. Motion was made by Mr. Soticheck and seconded by Ms. Messick to amend the agenda to include the "add-on's". VOTE b-0 CERTIFICATE OF COMPLIANCE—Giroux Estates Mr. Lucia, the developer, has requested Certificates of Compliance for all Iots in the Giroux Estates subdivision (West View Lane). The members agreed to vote on this item tonight conditional upon a favorable site visit. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue Certificates of Compliance for all lots in the Giroux Estates subdivision pending a favorable site inspection by a Commission member(s). VOTE 6-0 COMPLAINT—Cosgrove Avenue A complaint was received regarding dumping of leaves and cutting of trees within a wetland and also the construction of a garage within 200' of a"river". Ms. Galiatsos stated that she went out to the site and viewed the area where the leaves are being dumped. Mr. Kozloski and Mr. Harpin have gone out also. Mr. Soticheck stated that neighbors use that area to dump their leaves. Motion was made by Ms. Messick and seconded by Ms. Becker to issue an Enforcement Order to the owner of 73 Cosgrove Avenue: cease and desist; wetland delineation and notice of intent to be filed by May 14'h; timetable for removal of leaves from wetland to be submitted. VOTE 6-0 DISCUSSION - Car Wash— Suffield Street Ms. Messick stated that she was at this site recently and found that the haybales and silt fences are still up and there is trash in the swales to be cleaned. A letter will be sent to Cumberland Farms. The members then wrote the Order of Conditions for the Phase I Sewer Extension Project. Agawam Conservation Commission April 23, 2009 Page 5 Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue the Order of Conditions for the Town of Agawam—Phase I Sewer Extension Project as written. VOTE 6-0 The members then wrote the Order of Conditions for 1340 Springfield Street—Coyote Realty LLC. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue the Order of Conditions for 1340 Springfield Street for Coyote Realty LLC as written, upon receipt of the final revised plan. VOTE 6-0 The meeting adjourned at 7:40 PM. TOWN OF AGAWAM CONSERVATION COMMMSION 36 MAIN ST.,AGAWAM, MA 01001 -- 786.0400, ext. 245 May 7, 2009 0 cn The Agawam Conservation Commission will Fold a meeting as follows: DATE: Thursday,May 14, 2009 TIME: 6:30 PM �? PLACE: Agawam Public Library N 750 Cooper Street Nj U' Agawam,MA 01001 \ AGENDA 1. APPROVAL OF MINUTES -April 23, 2009 2, 6:30 PM - REQU. FOR DETERMINATION - Howard Street - Lavimodiere 3. 6:40 PM -REQU FOR DETERMINATION - Cosgrove Avenue- Troy 4. PUBLIC HEARING CONT. -Notice of Intent - Robinson Pond - DCR 5. PUBLIC HEARING CONT. -Notice of Intent - Harvard Avenue - Grimaldi 6. ENFORCEMENT ORDER(update) - Anvil Street - Calabrese(2) River Road - (trucking co.) Line Street - Kuzmenko Longbrook Estates 1744 Main Street - Cirillo Town of Agawam-Cooper St. 7. COMPLAINTS - Prince Lane North Westfield St. 9. Any other business that may legally come before the Commission. i ` Agawam Conservation Commission June 12, 2008 Page 1 AGAWAM CONSERVATION COMMISSION June 12, 2008 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Steven Douglas Fred Harpin °a Jill Messick r � �r� MEMBERS ABSENT: C° Magda Galiotsos Mark Soticheck c ALSO PRESENT: Cn r Deborah S. Dachos Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES—May 22, 2008 Motion was made by Ms. Messick and seconded by Ms. Becker to approve the minutes of May 22, 2008 as written. VOTE 5-0 2. REQUEST FOR DETERMINATION-- 183 School Street--Cincotta Mason Maronn of D.L. Bean, Inc. was in attendance to present this RDA. He explained that he has met on the site and walked it with several members of the Commission. The proposal is to construct a five lot subdivision on the property. No wetlands were found on the site. Motion was made by Ms. Messick and seconded by Ms. Becker to issue a Negative Determination of Applicability for Cincotta at 183 School Street. VOTE 5-0 Motion was made by Mr. Harpin and seconded by Ms. Messick to amend the agenda to include the "add-on's". VOTE 5-0 14. CERTIFICATE OF COMPLIANCE— 68 Gold Street Agawam Conservation Commission June 12, 2008 Page 2 The written request for a Certificate asked that a site inspection be scheduled with the developer and contractor. The members agreed to meet at the site the following Tuesday at 9:00 AM. Motion was made by Ms. Messick and seconded by Mr. Harpin to issue a Certificate of Compliance at 68 Gold Street pending a favorable inspection by Commission members. VOTE 5-0 . Motion was made by Ms. Messick and seconded by Ms. Becker to move items 8 and 9 up on the agenda. VOTE 4-0-1 (Harpin abstained) Mr. Harpin left the meeting at this time. 8. ENFORCEMENT ORDER— Cosgrove Avenue—Russo (ratify) Mr. Kozioski explained that he issued this Enforcement Order for work that has taken place on the proposed Connor's Cove site. Motion was made by Ms. Messick and seconded by Ms. Becker to ratify the Enforcement Order for Russo on Cosgrove Avenue. VOTE 4-0 9. PUBLIC HEARING CONT. —Notice of Intent— Cosgrove Avenue—Russo Joe Petronino of Environmental Services was in attendance. He provided the members with copies of his written response to DEP's comments. Gary Weiner of ECOTEC was in attendance and stated that he has addressed Engineering Department comments. There being no public input,the public hearing was closed. Motion was made by Ms. Becker and seconded by Mr. Douglas that the Connor's Cove Notice of Intent be treated as a new development project as it meets the standards. VOTE 4-0 The members then wrote the Order of Conditions. A copy can be obtained from the Conservation Commission or Town Clerk's office. Motion was made by Ms. Messick and seconded by Mr. Douglas to issue the Order of Conditions for Connor's Cove (Russo) as written. VOTE 4-0 Agawam Conservation Commission June 12, 2008 Page 3 Ms. Messick left the meeting at this time. Mr. Harpin returned to the meeting at this time. 3. PUBLIC HEARING—Notice of Intent—369 Main Street—Optasite Towers Dave Pickart of Vanasse Hangen Brustline(VHB) was in attendance to present this Notice of Intent for a proposed cell tower on a 20 acre parcel at 369 Main Street. He explained that he existing gravel roadway will be used for this and some minor alterations to the roadway will be made. He explained that the site contains bordering vegetated wetlands; an intermittent stream with bank and bvw as well as 100' buffer zone; and 100 year floodplain. He went on to say that the site contains bordering land subject to flooding which contains an isolated area which may be classified as vernal pool. He stated that two indicators were found regarding vernal pool, however, a second visit was made and the area was dry. He stated that the tower, equipment and pilings will be above elevation 61.5. Minor flood storage will be displaced. A wildlife habitat evaluation was done for the possible vernal pool. He stated that currently the gravel road goes through a portion of this area and the proposal shows the roadway being shifted out of it and a proposed ring of shrubs will be planted around three sides of it. He stated that would give it a better chance of being a viable vernal pool habitat. Erosion controls have been shown. Engineering Department comments will be addressed. Mr. Kozloski asked why the work was not shifted out of the 100 year floodplain. Mr. Pickard stated that this area contains "virgin soil" and is out of the former landfill area. There was no public input this evening. The members agreed to walk the site the following Tuesday at 10:30 AM. The public hearing was continued. 4. REQUEST FOR DETERMINATION--Allison Lane—Kieffer John Kieffer was in attendance along with his representative, Mike Pietras. Mr. Pietras stated that Mr. Kieffer has owned this vacant property since 1986 and that it contains a manmade"isolated area subject to flooding". He went on to say that when this subdivision was originally approved the "isolated area subject to flooding"was not there. He now proposed to construct a single family dwelling and"carriage house" on the lot. Silt fences are shown to be placed down gradient of the construction. Also an anti- tracking mat will be used to minimize the amount of dirt that gets tracked off the site from construction vehicles. Ms. Becker asked if the site contained endangered species. Mr. Pietras stated no. Members have recently walked the property. Motion was made by Mr. Harpin and seconded by Ms. Becker to issue a Negative Determination of Applicability for Kieffer on AIlison Lane. VOTE 4-0 5. REQUEST FOR DETERMINATION CONT. —Main Street—Town of Agawam Agawam Conservation Commission June 12, 2008 Page 4 Ms. Dachos asked that this item be continued once again as the Town's consultant planning to submit plans next week. Motion was made by Mr. Harpin and seconded by Ms. Becker to continue the RDA for Main Street—Town of Agawam. VOTE 4-0 6, PUBLIC HEARING CONT. —River Road—DeCaro Motion was made by Mr. Harpin and seconded by Ms. Becker to continue the Decaro NOI on River Road to the next meeting as the applicant is going through the MESA filing process. VOTE 4-0 7. PUBLIC HEARING CONT. —American Renal Associates—Harvey Johnson Drive Dave Thompson of Coler and Colantonio was in attendance. He explained that he has addressed all of the Engineering Department comments. There being no public input this evening, the public hearing was closed. The members then wrote the Order of Conditions. A copy can be obtained from the Conservation Commission or Town Clerk's office. Motion was made by Mr. Halpin and seconded by Ms. Becker to issue the Order of Conditions for American Renal Associates on Harvey Johnson Drive as written. VOTE 4-0 10. PUBLIC HEARING CONT. — 1744 Main Street—Cirillo Mr. Cirillo was in attendance. He stated that he is unsure at this point whether he will open his restaurant at this site this year. He asked for a three month continuance. Motion was made by Mr. Harpin and seconded by Ms. Becker to continue the public hearing for Cirillo at 1744 Main Street for three months to September 12,2008. VOTE 4-0 11. ENFORCEMENT ORDERS—Longbrook Estates The members asked that a site visit be scheduled for the following Tuesday AM with the developer and their environmentalist. River Road (tricking concern) Agawam Conservation Commission June 12, 2008 Page 5 This area is to be cleaned up this Friday afternoon. A follow up inspection will be made. 12. DISCUSSION—Pynchon Point Ms. Dachos informed the members that Ms. Messick will be meeting on-site with Mike Piccin of the DPW to determine the location of the picnic tables. DISCUSSION - School Street Park Mr. Kozloski stated that he feels the Commission should notify Chris Sparks, the project manager for the Park that they want to know how the Town is going to correct the flooding problem that occurred this past winter. Ms. Dachos stated that the Town's consultant should prepare this information. Motion was made by Mr. Harpin and seconded by Ms. Becker to send a letter to Chris Sparks, Parks and Recreation Director, asking for a written response by the next meeting on how the Town is going to address and prevent the flooding problem that occurred this winter at the School Street Park—stating that this must be approved by the Commission and the Engineering Department prior to the Fall of this year. VOTE 4-0 The meeting adjourned at 7:15 PM. loa';j Agawam Conservation Commission June 26, 2008 Page 1 AGAWAM CONSERVATION COMMISSION June 26, 2008 o MEMBERS PRESENT: co r- Henry A. Kozloski, Chairman Sheryl Becker n Steven Douglas Magda Galiatsos Fred Harpin r-a U)-T Jill Messick " r r. MEMBERS ABSENT: ' [� Mark Soticheck ALSO PRESENT: Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES ---June 12, 2008 Motion was made by Ms. Messick and seconded by Ms. Becker to approve the minutes of June 12, 2008 as written. VOTE 6-0 2. REQUEST FOR DETERMINATION— t040 River Road—Giannetti Mr. Giannetti was in attendance to present this RDA for the construction of a 8'x9' shed on a concrete slab. Mr. Kozloski, Mr. Halpin and Ms. Messick had made a site visit to view the area and agreed that a Negative Determination be issued. Motion was made by Mr. Harpin and seconded by Mr. Douglas to issue a Negative Determination of Applicability for Giannetti at 1040.River Road, VOTE 6-0 3. PUBLIC HEARING CONT. —Notice of Intent—Main Street—Optasite Towers Dave Pickart of VHB was in attendance and provided the members with copies of the revised plan showing compensatory flood storage and also flood storage calculations. The Engineering Department has not had a chance to review the new information as the plan and calcs were submitted two days ago. The members agreed to continue the public hearing to the next meeting to allow for Engineering's review. The plan also shows plantings around the isolated wetland (size and species shown). Agawam Conservation Commission June 26, 2008 Page 2 4. RDA CONT. —Main Street-Town of Agawam The members viewed the plans that were recently submitted for this RDA for proposed work on Main Street through a PWED grant. There was no representative in attendance to answer the many questions the members had. It was unclear exactly where and what type of work was proposed. After a lengthy discussion, it was agreed to continue this item to the next meeting and request that a representative of the consulting firm who prepared the RDA be in attendance to make a presentation and answer questions. Motion was made by Ms.Messick and seconded by Mr. Harpin to continue the RDA for Main Street, Town of Agawam to the next meeting. VOTE 6-0 4. PUBLIC HEARING CONT.—Notice of Intent—River Road—DeCaro A MESA filing has been submitted to NHESP. A response to the filing has not yet been received. Motion was made by Ms. Messick and seconded by Mr. Harpin to continue the public hearing for DeCaro on River Road to the next meeting. VOTE 6-0 7. REQUEST FOR EXTENSION—Ridgeway Drive—Guiel Mr. Guiel has requested a three year extension on his Order of Conditions for Ridgeway Drive. The members discussed the request and agreed to grant a one year extension at this time. : Motion was made by Ms. Messick and seconded by Mr. Harpin to approve a one year extension to the Order of Conditions for Guiel on Ridgeway Drive. VOTE 6-0 8. ENFORCEMENT ORDERS (update)—Anvil Street—nothing new to report River Road (trucking concern)—Ms. Messick stated that the path has been cleaned. Also, the office received a call from Pioneer Environmental who Mr. Townsend has hired to address the Enforcement Order. Ms. Messick also stated that the picnic tables will be placed at Pynchon Point soon,however, it is unclear who will pay for the materials to place the tables (concrete pads). Main Street--Cirillo—nothing new to report. Longbrook Estates—Members walked the site with the developer and their environmentalist. A plan is to be submitted soon. Agawam Conservation Commission June 26, 2008 Page 3 Cosgrove Avenue—Russo - The members agreed that this Enforcement Order be lifted now as the Order of Conditions for the project has been approved. Motion was made by Ms. MEssick and seconded by Ms. Galiotsos to lift the Enforcement Order issued to Mr. Russo on Cosgrove Avenue. VOTE 5-0-1 (Harpin abstained) Motion was made by Mr. Harpin and seconded by Ms. Messick to amend the agenda to include the "add-on's"and also discussions of the following: Cesan Street, Tiny Bull Estates, WMECO and sewer line. - VOTE 6-0 9. School Street correspondence As a result of the letter the Commission issued to Chris Sparks at the last meeting, a plan has been submitted to the Commission addressing the flooding problems that occurred last winter at this site. The plan has been reviewed and approved by the Engineering Department. Mr. Kozloski stated that the plan does not address the swale behind the houses. The members agreed to schedule a site walk with Mr. Sparks and the Town Engineer to view the work and go over any outstanding issues. Mr. Kozloski pointed out that the Order of Conditions requires monitoring of rainfall which has not been provided since last Fall. A site visit was scheduled for the following Wednesday at 9:00 AM. Motion was made by Ms. Messick and seconded by Ms. Becker to approve the corrective plans submitted for the School Street Park as outlined in the June 23, 2008 memo. VOTE 6-0 DISCUSSION—Jade Lane Mr. Kozloski and Mr. Harpin visited 19 Jade Lane today. The property owner wishes to remove three trees. Both stated that it appeared these trees were leaning towards the house. They would recommend leaving the stumps. Since the property owner was not there to point out the specific trees, the members asked that they be marked and another site visit will be made. DISCUSSION—28 Cesan Street Mr. Kozloski stated that he was contacted by the property owner whose house abuts a stream. There is an old brush pile that they wish to remove. Mr. Kozloski and Mr. Harpin visited the site and found no problem with the removal of the old brush pile. DISCUSSION—Tiny Bull Estates Agawarn Conservation Commission June 26, 2008 Page 4 Mr. Kozloski stated that he spoke with Tim McKenna of DEP and was informed that a site visit will be scheduled for the Tiny Bull appeal within the next couple of weeks. DISCUSSION—WMECO The Commission received a letter and information disc on the proposed installation of new transmission lines in Agawam by WMECO. Mr. Kozloski suggested that the members view the material. DSICUSSION—sewer line break—Meadow Street Mr. Kozloski stated that he also spoke with DEP regarding the sewer line break on Meadow Street and recommended that they address the issue of installing preventative measures at this time as well. The meeting adjourned at 7.20 PM. AGAWAM CONSERVATION COMMISSION March 8, 2007 o -- MEMBERS PRESENT: -4 :} Henry A. Kozloski,Chairman n Sheryl Becker N Fred Harpin Frank Meagher = 3 C yY c Jill Messick w _r; cn Mark Soticheck MEMBERS ABSENT: r 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 -February 8, 2007 Motion was made by Mr. Soticheck and seconded by Ms. Messick to approve.the minutes of - February 8, 2007 as written. VOTE 6-0 2. REQUEST FOR DETERMINATION - Federal Street- Tirone Joseph Petronino of Environmental Services was in attendance to present this RDA for a wetland delineation, along with the applicant Joseph Tirone. Mr. Petronino stated the wetland was flagged in December and is comprised-of mostly sensitive ferns in terms of vegetation. Mr, Kozloski and Mr. Harpin walked the property in December,however, the area had not yet been flagged. No soil samples or borings have been taken. Mr. Kozloski stated that the wetland should be flagged and mapped when the vegetation is up and that it is impossible to verify the wetland boundary at this time. He stated that there is a wetland behind the Agawam Funeral Home and that there may be a hydrological connection to the wetland behind Riverbend Medical. Ms. Messick asked that more information be placed on the plan such as topography and elevations. Mr. Petronino asked when the Commission would make a determination. The members agreed that would be weather dependent. He requested a continuance to the next meeting. Motion was made by Ms. Messick and seconded by Mr. Meagher to continue the Request for Determination for Tirane on Federal Street for two weeks (to the next meeting). VOTE 6-0 a ' Agawam Conservation Commission March 8, 2007 Page 2 3. REQUEST FOR DETERMINATION -Route 5 -Mass. Highway Department Tim Meyer of the District 2 Massachusetts Highway Department out of Northampton was in attendance to present this RDA. He explained that the Commission issued a Negative Determination for this request three years ago,however, that Determination is due to expire next week and only a small portion of the work had been initiated. They plan to begin work again on this request soon. The work is considered maintenance and includes resurfacing Route 5 among other items. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue a Negative Determination of Applicability for work on Route 5 by the Massachusetts Highway Department. VOTE 6-0 4. PUBLIC HEARING- Notice of Intent- Channell Drive- Petrucci Joseph Petronino of Environmental Services was in attendance to present this NOI as well Jim Moylan who did the engineering on the plan. Mr. Petronino explained that Mrs. Petrucci is proposing a 20'x 30' addition to her home which is in the 100 year floodplain. Mr. Moylan explained that compensatory flood storage will be provided on the east side, in front of the addition with approximately 288 cubic feet to be compensated. This will be achieved by leveling down an area of 50' x 25' which will provide for 340 cubic feet of compensatory storage. Mr. Kozloski asked if the existing steps were taken into consideration. Mr. Moylan stated 20%more compensatory storage has been provided to account for the existing steps and trees. The Engineering Department submitted a comment stating that proposed comp storage area will be flat and they questioned whether it would drain properly. Mr. Moylan stated that to alleviate that concern they have provided for a pitch near the driveway. There was no public input. The Commission closed the public hearing at this time. The Order of Conditions will be written at the end of the meeting. Motion was made by Ms. Messick and seconded by Mr. Harpin to amend the order of the agenda. VOTE 6-0 8. REQUEST FOR DETERMINATION CONT. -Springfield Street - Colvest Corp. Motion was made by Mr. Harpin and seconded by Ms. Messick to continue the RDA for CVS on Springfield Street once again as requested by the applicant's representative. VOTE 6-0 Agawam Conservation Commission March 8, 2007 Page 3 9. PUBLIC HEARING CONT.-Requ. To Amend Order of Conditions - Main St. - Cirillo Motion was made by Mr. Meagher and seconded by Mr. Harpin to continue the public hearing once again for Cirillo on Main Street as a revised plan was submitted today and will be reviewed for the next meeting. VOTE 6-0 10. REQUEST FOR DETERMINATION CONT. - Friends of Robinson Park Motion was made by Mr. Soticheck and seconded by Mr. Meagher to continue the RDA for the Friends of Robinson Park once again to the next meeting. VOTE 6-0 11. PUBLIC HEARING CONT. - Suffield Street- Commonwealth Communities Motion was made by Mr. Soticheck and seconded by Mr. Meagher to continue the public hearing for Commonwealth Communities to the next meeting as requested by the applicant's representative. VOTE 6-0 5. PUBLIC HEARING -Notice of Intent -Twin Brooks Farm - 194 South Street LLC Rick Misiazek of Reinhardt Associates was in attendance to present this NOI. Also in attendance were the applicants, Mark Benoit and Ben Server. Mr. Misiazek explained that the Commission previously approved a wetland delineation on this property and that there is a federal wetland that the Army Corps of Engineers has given a verbal "no problem" as it is considered a low value wetland. He stated that there is approximately 296,000 SF of riverftont area on the site. The proposal is construct 39 buildings (78 units) of"active adult(55 and over) housing". There is approximately 3,750 linear feet of roadway and some roadway work will occur in the buffer. He went on to say that the emergency access road (which exists)may need to be paved if the Planning Board requires and that would result in work within the first 100' riparian zone. Other work in the 100' riparian zone includes minor work on the stormwater drainage system. Work within the 100'to 200'riverfront area equals 20,860 sf which is less than the 10% allowed. A detention pond is proposed in the southeast corner of the site and minor work with a drainage pipe outlet will occur in the bordering vegetated wetland. He stated that this work will be done (altered) and then replaced. That work includes 2,125 sf of disturbance and 2,190 sf of replication (replacement). Mr. Harpin asked if they have addressed the Engineering Department comments, one of which is the provision of two detention ponds rather than one. Mr. Misiazek stated that they had originally proposed two detention ponds but it didn't allow for the one now Agawam Conservation Commission March 8, 2007 Page 4 shown to be smaller. Mr. Kozloski stated that the issue is not only the size of the detention pond but the design - it will be constructed into the water table which the Engineering Department has a problem with. Mr. Misiazek stated that this project is private and does not have to comply with the Town's Drainage Ordinance. Mr. Kozloski asked how the detention pond would be mowed or maintained if there would be water in it. Mr. Misiazek stated that there is no intention to more it as it will be riprapped. He stated that there would be a minimal amount of water in the detention pond and that the sedimentation would be periodically removed. There was a discussion regarding the effects of this detention pond on the area water table and whether it would effect the wetland. Mr. Misiazek stated that the Engineering Department would like no . water in the detention pond but did not say they would not allow any water in the detention pond. Mark Benoit addressed the Commission at this time and stated that it is a recommendation of the DPW that sump pumps be installed in the units and that they agree with that. There was a discussion regarding the Engineering Department comments. Mr. Misiazek stated that they contain recommendations only. Ms. Dachos stated that the Engineering Department, as professional staff of the Town; makes their recommendations to the Commission and the Commission bases their actions on these recommendations. Mr. Kozloski then asked about the DEP comments- one of which calls for mitigation. Mr. Misiazek stated that according to his environmental engineer, the Commission is the issuing authority on this and it would be up to them. Mr. Kozloski stated that if DEP does not agree with the Commission's Order of Conditions they could appeal it. Ms. Messick brought up the DEP comment regarding the need for an alternatives analysis on the amount of disturbance in the riverfront area or the removal of buildings from the riverfront area. Mr. Misiazek stated that the alternative given to DEP was not adequate. He went on to say that the removal of two to three buildings would make this project economically unfeasible. He also stated that the work will occur 13' above the mean annual high water line. Mr. Kozloski stated that no proof of the economic impact was provided. Mr. Benoit stated they would share that information with the Commission. Ms. Dachos stated it was included with the Planning Board submittal also. Mr. Benoit explained that the original projection for this development was approximately 90 units, however, when the zoning amendment was approved for the A-5 zone, a 50' setback from property lines was added which resulted in the 78 units now proposed. He went on to say that the removal of two more buildings would have a dramatic impact on the project and the are now at the minimal number of units to make this work. Ben Semer then addressed the Commission. He reiterated Mr. Benoit's statements.regarding the 50' setback and the impact on the number of units and also pointed out that the coverage of buildings is less than the bylaw allows for. Mr. Kozloski then stated that the isolated wetland on the site was not mapped during the wetland delineation as it was determined to not be hydrologically connected to any other wetland. This issue was brought up in the DEP comments. Mr. Misiazek stated they will address the DEP comments. Mr. Kozloski then asked if the development would be phased. Mr. Server stated yes, they are intending a five building phasing. Mr. Misiazek stated that the roadways and drainage would be constructed right away. Ms. Messick then brought up the DEP comment regarding the need for a 100' wide undisturbed vegetated area within the 200'riverfront area for wildlife habitat. Mr. Misiazek stated that will r Agawam Conservation Commission March S, 2007 Page 5 be provided except where the Planning Board/Engineering Department require additional work in the 100'riparian zone. Mr. Server stated that the emergency access road has existed for many years and it is their intention not to disturb the wetland. Ms. Messick asked if they had received a response from NHESP regarding endangered species. Mr. Misiazek stated yes, and that they must submit a MESA filing. Ms. Messick reiterated her request that an alternatives analysis be provided to the Commission. There being no public input,the Commission continued the public hearing for two weeks. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to continue the public hearing for the Notice of Intent for Twin Brook Fauns for two weeks (to the next meeting). VOTE 6-0 7. PUBLIC HEARING CONT. -Notice of Intent - Pynchon Point-Town of Agawam Ms. Dachos stated that she received a letter on March 2" from NHESP stating that this project does not result in a taking. Additional information has been submitted to the Army Corps of Engineers. She explained that Joseph Petronino of Environmental Services was hired to inventory the wetland vegetation and to flag the ordinary high water level, per Army Corps of Engineers. She then asked the Commission if this project could be reviewed as a limited project. According to DEP there are two sections in the Act that may apply. The first section is riverfront redevelopment under which they can't meet the criteria. The Commission must vote on whether or not to allow this as a limited project. Motion was made by Ms. Messick and seconded by Ms. Becker to accept the Pynchon Point project as a limited project under 310 CMR 1054(4). VOTE 6-0 There was no public input this evening. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to continue the public hearing for Pynchon Point to the next meeting. VOTE 6-0 6. PUBLIC HEARING CONT. - Notice of Intent- Shoemaker Lane/S. Westfield St. - Hunter Development Corp. This hearing must be continued once again as the NHESP is requiring further information on the project. Motion was made by Mr. Soticheck and seconded by Mr. Meagher to continue the public hearing for Hunter Development Corp.. VOTE 6-0 Agawam Conservation Commission March 8, 2007 Page 6 Motion was made by Mr. Soticheck and seconded by Ms. Messick to amend the agenda to include the "add-on". VOTE 6-0 14. CERTIFICATE OF COMPLIANCE - 195 Leonard Street Mr. Kozloski stated that he recently received a call from an abutter regarding flooding. He stated that the swale had been put in. He will make another inspection. No action will be taken this evening as the Commission had previously voted to issue this Certificate pending the removal of some debris. The Commission then wrote the Order of Conditions for Channell Drive. A copy can be obtained from the Clerk's office or the Conservation Commission office. Motion was made by Ms. Messick and seconded by Mr. Meagher to issue the Order of Conditions for Petrucci on Channell Drive as written. VOTE 6-0 The meeting adjourned at 8:15 PM. F f 11.LL1% AGAW AM. M� OS FEB - � PM 12 08 Date: January 18 , 2008 Applicant Name: Agawam Conservation Commission Organization Street Address: 0O r.o.Box} 36 Main Street City: Agawam State: MA Zip Code: 0100 Mailing Address (if different from the street address) Address: City: State: Zip Code: Organization/Department Phone Number: 413--7 8 6-0 4 00 Organ ization/Dept.Fax Number: 413-7 8 6-9 9 2 7 eAt . 24 Web SiteURL: www.agawarn.ma.us Primary Name: Deborah S . Dachos Contact Title or position: Director, Planning & Conun. Dev. Information Phone number(if different from above):413-7 8 6-0 4 0 0 , x2 8 3 Email Address: planning@agawarn.rna.us Will attend MassGIS Open Space/metadata training? (YIN): Secondary Name: Jill Messick Contact Title or position: member, Agawam Conservation Conan. Information Email Address: Phone number(if different from above): Will attend MassGIS Open Space /metadata training? (YIN): Please consider our application to the MACMAPP. We have read, understand and agree to the terms and conditions outlined in the MACMAPP Application. Nonprofit Executive Director or Conservation Commission Chair Name (Print): Henry A. Kozloski Title: Chairman, Agawam,Conservation Contniission Email Address: vedany@contcast .net Date: January 18, 2008 Signature: ` K/r.- Massachusetts Conservation Mapping Assistance Partnership Program A Partnership Program to Provide an ArcView GIS Software,Data,and Training From Environmental Systems Research Institute(ESRI)to Conservation Nonprofit Organizations and Conservation Commissions Application Form The Massachusetts Conservation Mapping Assistance Partnership Program (MACMAPP) is a newly established program created to assist conservation organizations, including conservation commissions, in building GIS capacity. This program, sponsored by Environmental Systems Research Institute (ESRI) and the Executive Office of Environmental Affairs, offers a bundle consisting of an ArcView9 GIS software license with two years of maintenance,technical support as well as hardcopy and online training materials at a significant discount. If the MACMAPP program narrative is not attached to this application, you can request it from Dominique Pahlavan, whose contact information is given below, or get it on-line at ,Aww.mass.gov/mxis/MACMAPP.htm. It contains information about the program background, eligibility, benefits, requirements, application evaluation, assessment process, and partnerships. Please review that document to fully understand the benefits and requirements of this program. Information contained in this application will be reviewed and verified by MassGIS and ESRI prior to acceptance into the program. If you have questions about the application or MACMAPP, contact Dominique Pahlavan at 617-626-1184 or email dominique.pahlavan�uistate.ma us. Applicants should read and understand the terms and conditions outlined in this application before sending it in with necessary signatures to: Dominique Pahlavan MassG1S 251 Causeway Street, Suite 500 Boston, MA 02114 Please note that a street address (i.e., an address other than a post office box) is required for shipping purposes. A phone number and the signature of either the conservation commission chairperson or the executive director of the conservation organization are also required. s R MACMAPP Terms and Conditions 1. The applicant is either a 501(c)(3) nonprofit organization, as evidenced by a letter of determination from the Internal Revenue Service, or an official municipal Conservation Commission. 2. The application must meet the minimum eligibility criteria as outlined in the application documents in order to be approved by the MassGIS Office and the Environmental Systems Research Institute. If the application is not approved, the MassGIS office will contact the applicant with the reason(s) for the denial of the application and provide instructions on how to re-apply if eligible. 3. The Executive Director or CEO equivalent of the nonprofit conservation organization or the Chair of the Conservation Commission must sign the application and agree to the terms and conditions outlined in this application. 4. After eligibility is determined, the recipient organization will be contacted by MassGIS to set up the application review. All organization staff or commission members using ArcView9 must make themselves available for this application review. An interim assessment is required and will be scheduled one year from the initial date of entrance into the program. A final assessment will be scheduled at two years. 5. The ArcView9 software must be loaded on to a computer owned or controlled by the recipient organization. This computer must be powerful enough to run ArcView9. Minimum requirements are an Intel PC, Windows 2000 or Windows XP, 512 MB RAM and 1 GIIz processor,more RAM and faster CPU are recommended. 5. The ArcView9 software use is restricted to staff, interns, volunteers or others working directly on behalf of the recipient organization to further that organization's conservation goals and requirements of this program. 7. A minimum of one member of the recipient organization must attend the ArcView9 and ArcCatalog metadata training workshops. (It is recommended that ALL persons working with GIS have ArcView9 training and ArcCatalog metadata training.) 8. Broadly recognized industry standards for spatial data accuracy and attribution must be used for data creation and developments. Recipients must adhere to MassGIS data standards (www.mass.gov/mgis) for creating and editing Open Space and other GIS data. 9. Nonprofit organizations are required to use GIS in a manner that supports their mission and to create products related to conservation or recreation land use that improve or add value to the GIS data resources of the Commonwealth. Conservation commissions are required to produce an Open Space inventory in GIS i form or to work with the town in producing an Open Space Plan per Division of Conservation Services guidelines. 10.Organizations must participate in the Open Space mapping initiative and share all GIS data with MassGIS. 11. GIS data and other project delivcrables agreed upon in the application review must be submitted to MassGIS at the one year and two year assessments to remain in the MACMAPP program. Deliverables include GIS data (in an ArcView9 Personal Geodatabase format), metadata files, and project summaries. Deliverables will be made available to the public by MassGIS. 12. Organizations that have not made a good faith effort to develop the GIS data and other project deliverables agreed upon in the application review at the one year assessment will be discontinued from the partnership program and will not be eligible for the second year of maintenance. 13.Recipients must demonstrate participation in partnerships with appropriate government agencies and commissions, and nonprofit organizations for the purposes of data/metadata development and sharing, integration of standards, development of a user network, dissemination of information, funding, and any other beneficial purpose. 14. This agreement becomes effective immediately upon the registration/keycoding of the ArcView9 software by ESRI.