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2009 AGAWAM CONSERVATION COMMIS. (MEETING MINUTES)
Va-17� / N Agawam Conservation Commission December 10, 2009 Page 1 AGAWAM CONSERVATION COMMISSION December 10, 2009 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Steven Douglas—6.35 PM Magda Galiatsos Fred Harpin—6:35 PM Jill Messick —. Mark Soticheck eQ.31 c� Mr. Kozloski called the meeting to order at 6:30 PM 1. APPROVAL OF MINUTES —November 12, 2009 Motion was made by Mr. Soticheck and seconded by Ms. Messick to approve the ices c of November 12, 2009 as written. VOTE 4-0 2. PUBLIC HEARING CONT. —Notice of Intent—Prince Lane—Rodier Heather Comee of Pioneer Environmental was in attendance to present additional information requested by the Commission at the last meeting. She discussed the information that was contained in her November 23, 2009 letter to the Commission as well as the soil test information that was contained in her November 12, 2009 letter. She stated that the four corners of the proposed house were staked which indicates that the left side of the house would be approximately 15' from riverfront area and less than 20' from the driveway of the house to the right. The stakes were viewed by Mr. Kozloski, Mr. Harpin, Mr. Soticheck and Ms. Galiatsos. Mr. Kozloski and Ms. Messick stated that they felt that the proposed"limbing" of the two large trees whose branches would hang over the house (need to be removed for safety reasons) would result in the trees dying. Ms. Comee indicated that since the trees are invasive Norway Maples that perhaps initigation could be required such as planting local species in the resource areas. Further discussion centered on alternatives to the house plans. Ms. Comee indicated that the house could only be built as indicated due to resource restrictions. Mr. Harpin stated that construction of the house in this location would leave no room for a shed, picnic table, etc and there is concern that the owners would ask for a variance in the future. Ms. Comee stated that restrictions could be placed on the deed. Members expressed concern over that suggestion as the Town does not have the resources to monitor deed restrictions. Mr. Kozloski and Ms. Messick stated that an alternative to this would be to not build on this lot. In answer to Ms. Comee's comments that this would cause an economic hardship, Agawam Conservation Commission December 10, 2009 Page 2 members indicated that when the original land was subdivided that the owner was told that a house on this lot was not feasible. The meeting was then opened to the public. Gail Hansmann, 54 Colonial Avenue again indicated that the present owners of the lot had been mowing and cutting down saplings all summer and had expressed her concerns to the Conservation Commission previously. Joyce Babbin, 2 Prince Lane stated that water runs down Prince Lane and gathers in the comer of where the left side of the house will be. She also indicated that many different animals use the wooded area as a route to the stream and river. She indicated that the house would interfere with this path. Jim Hansmann of 54 Colonial Avenue and Adam Rovithis of 64 Federal Street expressed their concerns and stated that they viewed mowing and disturbance in the resource area by the owners. They both expressed concerns over a house being built on this lot. There being no further public input, Mr. Kozloski.closed the public hearing. Motion was made by Mr. Harpin and seconded by Ms. Messick to deny the Order of Conditions for Rodier on Prince Lane for the following reasons: the performance standard regarding economics and alternatives analysis has not been proven; this project would have an adverse effect on the 100' riverfront area during construction of the home as it is approximately 10.8' from the home. VOTE 7-0 3. REQUEST FOR DETERMINATION— 100 Shoemaker Lane—Ratkiewicz This RDA involves the construction of a 12' x 40' storage shed on a concrete slab (no water, electricity or plumbing)on a rear corner of 100 Shoemaker Lane. Mr. Kozloski and Mr. Harpin made a site visit and although there is a wefland off this property, they agreed that there would be no impacts. They recommended that a Negative Determination be issued. Motion was made by Mr. Soticheck and seconded'by Ms. Becker to issue a Negative Determination of Applicability for Ratkiewicz, 100 Shoemaker Lane. VOTE 7-0 4. REQUEST FOR DETERMINATION—393 South Street—Gulati This RDA involves the construction of a 23' x 24' addition to the side of the existing house at 393 South Street. There are wetlands located off the rear of this site, however, this addition will not impact that area. Mr. Kozloski and Mr. Harpin had conducted a site visit previously. Agawam Conservation Commission December 10, 2009 Page 3 Motion was made by Ms. Messick and seconded by Mr. Harpin to issue a Negative Determination of Applicability for 393 South Street—Gulati. VOTE 7-0 5. REQUEST FOR DETERMINATION—497 South Westfield Street— Tirone/DePalma Rob Levesque of R. Levesque Associates was in attendance to present this RDA for approval of the wetland delineation. A site walk was held previously to view the wetland flagging by Ms. Messick, Ms. Becker, Ms. Galiatsos and Rob Levesque. Mr. Kozloski was also at the site walk for a portion of it. The members agreed on the flagging and found that the wetland pretty much followed the path of the plowed fields. There was some dumping within the wetland which the members asked be removed. A filing with NHESP has been submitted regarding any endangered species on the site. Motion was made by Ms. Messick and seconded by Ms. Becker to issue a Positive Determination of Applicability for 497 South Westfield Street, accepting the wetland delineation. VOTE 7-0 6. PUBLIC HEARING—Notice of Intent—WMECO— Greater Springfield Reliability Project Robert Carberry and members of the team working on the Greater Springfield Reliability Project were present to discuss this Notice of Intent and the route of work to be completed, specifically the wetland areas. Mr. Kozloski presented an overview of the area with photos he had taken during the site walk earlier this year. Both the Notice of Intent and a disk'submitted by WMECO shows the route of the proposed work along with wetland areas. Mr. Carberry presented the return receipts of notifications to the abutters. He then discussed the proposed mitigation area(former Boglish property on South West Street). He explained that this area will contain the mitigation for six communities where this proposed work will take place. The mitigation area is 5.3 acres which will have a conservation restriction and it is in the middle of a much larger plot of land that Js now owned and deeded to WMECO. The work on this project is scheduled for the spring of 2010. Due to the significant amount of work, the Order of Conditions may have to be for five years. The public hearing was continued to January 14, 2010 as no DEP comments or file number have been received yet. Motion was made by Mr. Soticheck and seconded by Ms. Becker to amend the agenda to include the add-on's. VOTE 7-0 r t Agawam Conservation Commission December 10, 2009 Page 4 7. CERTIFICATE OF COMPLIANCE-- I I I Elizabeth Street (lot 12) Mr. Kozloski and Mr. Harpin made a site visit and found that the there is no grass growing yet. They recommended that $2,000 be held back by the buyer's attorney to cover final establishment of the lawn. Motion was made by Mr. Soticheck and seconded by Mr. Harpin to issue a Certificate of Compliance on 111 Elizabeth Street(lot 12)with the condition that$2,000 be held back by the buyer's attorney to cover final establishment of the lawn. VOTE 7-0 7. EMERGENCY ORDER—Suffield Street—Town of Agawam Ms. Messick issued this Emergency Order for work to correct damage to a stream that was caused by beavers on Suffield Street. The work has now been completed. Motion was made by Ms. Messick and seconded by Mr. Harpin to ratify the Emergency Order issued to the Town of Agawam on Suffield Street. VOTE 7-0 8. ENFORCEMENT ORDERS (update) Robin Ridge—This is on hold as nothing can be done now due to the weather. Any planting or work will not take hold. Line Street—The car has not been moved. The members have decided to wait on enforcement until a Certificate of Compliance is issued. This item will be removed from the agenda. Liquori Drive—Ms. Messick stated that she will check to see if the property has been posted for no dumping as requested. Anvil Street—Ms. Messick and Ms. Galiatsos made a recent site visit and found that the area where the new-house is being built looks good. There was no runoff evidenced. There is however some ponding of water on the back left had side of the house near the drop off. There is a silt fence holding the water back but they're not sure if this will hold. They suggested that Engineering may want to look at it. Coyote Realty—Ms. Messick issued this Enforcement Order as demolition began on the existing building and no erosion controls were in place. e s Agawam Conservation Commission December 10, 2009 Page 5 Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to ratify the Enforcement Order issued to Coyote Realty on Springfield Street. VOTE 7-0 Ms. Messick stated that the Order of Conditions did not indicate that erosion controls be placed for the demolition of the building but she issued it as a result of silt reaching the wetlands. The erosion controls are now installed and she recommended that the Enforcement Order be lifted. Motion was made by Ms. Messick and seconded by Mr. Doulgas to lift the Enforcement Order issued to Coyote Realty on Springfield Street. VOTE 7-0 The meeting adjourned at 7:50 PM. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to y Agawam Conservation Commission November 12, 2009 Page 1 AGAWAM CONSERVATION COMMISSION November 12,2009 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Magda Galiatsos Fred Harpin Jill Messick Mark Soticheck MEMBERS ABSENT: ``' I y� Steven Douglas µ ALSO PRESENT: Deborah S. Dachos Pamela R. Kerr \ Mr.Kozloski called the meeting to order at 630 PM. l. APPROVAL OF MINUTES—September 24, October 8 &22, 2009 Motion was made by Mr. Harpin and seconded by Ms. Galiatsos to approve the minutes of September 24,2009 as written. VOTE 6-0 Motion was made by Ms. Galiatsos and seconded by Ms. Messick to approve the minutes of October 8, 2009 as written. VOTE 6-0 Motion was made by Mr. Harpin and seconded by Ms. Messick to approve the minutes of October 22, 2009 as written. VOTE 6-0 2. PUBLIC HEARING—Notice of Intent—Prince Lane—Rodier Heather Comee of Pioneer Environmental was in attendance to present this Notice of Intent which shows the construction of a 930 SF (31' x 30')home with deck and driveway within the outer riparian zone of a perennial stream that runs behind Federal Street(lot I Prince Lane). She stated that the total amount of riverfront area on this parcel is 13,830 SF and that under the performance standards you can have no greater than 10%riverfront impacts which she went on to say has been met. She also stated the 100' limit of work line is being maintained. She went onto say that there is an existing lawn area that will not be increased. A site walk was held this week with members of the e Agawam Conservation Commission November 12,2009 Page 2 Commission and Ms. Comee. She stated that DEP had no comments and that the Engineering Department comments will be addressed. Ms. Galiatsos asked if there was availability to connect this proposed home to the sewer line. Ms. Comee stated yes, it would run along Prince Lane,through the driveway and into the home. Mr. Kozloski asked about the alternatives analysis. Ms. Comee stated that the alternatives analysis includes the parent parcel and any other adjacent land owned by the same owner. There was discussion regarding the original filing on lot 3 and how the impacts were calculated She also stated that there is a small tree line that extends into the work area and there are trees that will need to be "limbed". Mr. Kozloski asked for the distance from the proposed house to the trees. Ms. Comee stated approximately 15'. Mr. Kozloski stated that cutting large limbs will cause the trees to die. He expressed concerns over the trees falling on the house. He also stated that the future homeowner will want to cut the trees down as they are so close the house. He then asked if there was a garage proposed. Ms. Comee stated the house plan she just received from the applicant shows a 30' x 29' footprint with a garage(10.8' x 19.2') in the front. Mr. Kozloski stated that there is no room for sheds or pools. Ms. Comee stated no, that they are using up the allowed 10% disturbance with this filing. Mr. Kozloski then asked for any public input. Gail Hansman, 54 Colonial Avenue stated that she called the Conservation Commission office when the owners of the new home on lot 3 Federal Street were out there mowing and cutting down saplings to expand the grass area. She stated that this already a distressed area and that half of the trees that previously existed are now gone. She feels the Commission should protect this area. She went on to say that the ducks no longer are there that they enjoyed previously as well. She is concerned that the owner will cut more and more into that area. Adam Rovithis, 64 Federal Street stated that the area has been being cleared for.the past six months and that the treeline hangs over the whole edge of this lot. He concluded by saying that he feels this plan pushes the guidelines with the comer of the proposed house being approximately 1' off the 100' riverfront line; and that he does not feel this is a suitable location for another home. Mr. Kozloski then asked about the proposed well that is shown. Ms. Comee stated that they originally planned for a well but now the DPW will allow a connection to the water line. Mr. Soticheck stated that Google Earth shows that the area has been filled. Ms. Comme stated that she used historic aerial.com and as far as she could determine there has been no filling in this area. Mr. Soticheck then went on to say that when the Commission issued an Order of Conditions on the first lot(lot 3)they stated that they would not support construction on lot 1 due to the proximity to the riverfront area. Ms. Comee stated that she researched minutes and found that information,however, prior to taking on this job they researched whether the performance standards could be met and they determined that they could be. Mr. Soticheck asked if soil tests were done to determine the groundwater level in the area. Ms. Comee stated that she was not aware of any soil tests. Mr. Soticheck stated he would like to see groundwater table information. Ms. Comee agreed. Mr. Kozloski asked that all four corners of the house be staked. Ms. Agawam Conservation Commission November 12, 2009 Page 3 Comee requested a continuance to allow her to address Commission concerns and Engineering comments. Jean Cloutier, 53 Colonial Avenue stated that half of the trees in this area are now gone; the homeowner on lot 3 has cut and mowed further into the area; children have made a bike trail in the area;there are no more ducks in the area; and that due to the trees that were removed she can now see Prince Lane and the headlights from that street shine into her living room. Ms. Comee stated that 1760 sf of riverfront impacts vs. economics is a significant change and loss for the property owner. Ms. Dachos explained that when the Planning Board approved an ANR plan creating these lots, they only look at the frontage and area requirements. Environmental impacts/concerns are now part of an ANR submission/approval. Mr. Kozloski stated that regarding the economic advantage, there were three lots created; they're not "losing a third lot". He went on to say that he has a hard time believing that there will be no further riverfront impact with this filing as the plan shows only 10' of lawn. He stated that the homeowner will want to out more trees. Ms. Comee stated that there are two large trees leaning towards this area that they are proposing to limb. She suggested that the Commission could require planting of additional trees within the riverfront for enhancement. Mr. Kozloski stated that the trees are proposed to be cut now to keep the impacts within the 10%. Ms. Comee stated that the filing as proposed still allows for an additional 17 SF of impacts,however,their goal was to maintain the 100' riverfront area. The public hearing was continued to December 10, 2009. 3. CERTIFICATE OF COMPLIANCE—30 Windermere Drive Mr. Kozloski made this inspection and recommended that a Certificate be issued. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue a Certificate of Compliance on 30 Windermere Drive. VOTE 6-0 4. ENFORCEMENT ORDER UPDATES— Anvil Street nothing new to report. Ms. Messick and Ms. Becker will make a site visit next Tuesday. River Road(trucking concern)—Mr. Kozloski stated that work on this site will be done eventually and that the owner is looking into bids on connecting the drainage. Robin Ridge—Engineering Department submitted a memo stating that additional riprap is needed at the outlet. Agawam Conservation Commission November 12, 2009 Page 4 Line Street—nothing new. Liquori Drive—Town of Agawam—Ms. Dachos stated that the clean up work was done on this property by the Town,however,the original complainant has notified her that dumping is still occurring. Letters were sent to abutting property owners stating that no dumping is allowed. The `to dumping"sign has not yet been installed as was part of the Enforcement Order. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to add School Street to the agenda. VOTE 6-0 Mr. Kozloski stated that the"no dumping" sign that was installed on School Street is not in the correct location. He stated that he would look into having the Town move the sign. Motion was made by Mr. Soticheck and seconded by Ms. Messick to amend the agenda to include the"add-on's" and a complaint on Main Street. VOTE 6-0 5. COMPLAINT—Tracy Drive Ms. Messick received this complaint regarding tree cutting and clearing behind the homes on Tracy Drive in the vicinity of where the Town just installed new drainage. She stated that the neighbor went in with a bobcat and knocked down all of the vegetation and trees. She questioned whether the new manholes were damaged as they were covered over. She stated that at the top of the embankment to the detention area trees are laying clown and there is a damaged tree near the detention basin that should be removed. Ownership of the property where the work was mostly occurring shows Todd Sullivan, 519 Cooper Street. Motion was made by Ms. Messick and seconded by Mr. Soticheck to issue an Enforcement Order to Todd Sullivan, 519 Cooper Street instructing him to remove the debris from the embankment;take down the damaged tree near the detention basin; restore the property within the easement; notify the Commission when the work is done; and any further work in this area will require a filing with the Conservation Commission. VOTE 6-0 6. DISCUSSION---The Learning Tree Mr. Kozloski stated that he met with school officials regarding the possibility of moving the tennis courts at the High School to the Learning Tree site. He stated that he has asked the Town Engineer to provide input on that possibility. Agawam Conservation Commission November 12, 2009 Page 5 7. COMPLAINT—Main Street Ms. Messick stated that she received a complaint regarding cutting of trees and dumping of concrete in a wetland. Mr.Kozloski stated that he also received that complaint and he and Mr. Harpin made an inspection. He stated that they found five trees had been cut on top of the hill. He went on to say that they found no violations at this time. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to add Pananas to the agenda. VOTE 6-0 Mr. Kozloski suggested that a letter be sent to Mr. Pananas stating that his off-site mitigation as proposed and approved during his Notice of Intent filing has not yet been done and the Commission wants it done now. The members agreed with him. The meeting adjourned at 7:40 PM. r Agawam Conservation Commission October 22, 2009 Page I AGAWAM CONSERVATION COMMISSION October 22, 2009 MEMBERS PRESENT: Henry A. Kozloski Sheryl Becker Magda Galiatsos Jill Messick Q cca MEMBERS ABSENT: Steven Douglas Fred Harpin c, Mark Soticheck ALSO PRESENT: «�. cr,. Pamela R. Kerr t Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES— September 24 and October 8, 2009 Motion was made by Ms. Messick and seconded by Ms. Becker to table approval of the September 24 and October 8, 2009 minutes as the members received them this evening. and have not had a chance to read them. VOTE 4-0 2. CERTIFICATE OF COMPLIANCE—Lot 8 Elizabeth Street Mr. Kozloski made this inspection and found that the grass is not yet fully established. He recommended that$1,000 be held back until the lawn is established. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to issue a partial Certificate on Lot 8 Elizabeth Street with S1,000 to be held by the buyer's attorney to cover final establishment of the lawn. VOTE 4-0 3. ENFORCEMENT ORDER - Anvil Street—Ms. Messick stated that the embankment has been cut back and the area has been seeded and grass is growing. River Road—nothing new to report. Line Street—This item will remain on the agenda until a Certificate is requested. Robin Ridge—Mr. Kozloski informed the members that the work required under the Enforcement Order has not been completed. Upon discussion, the r Agawam Conservation Commission October 22, 2009 Page 2 members agreed request the Building Inspector to issue a stop work order on the project. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to request that the Building Inspector issue a. stop work order on the Robin Ridge Estates project as the developer has not complied with the Enforcement Orders. VOTE 4-0 Liquori Drive—Ms. Kerr stated that she was informed by the Engineering Department that the work has begun on cleaning this area and should be completed tomorrow. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to amend the agenda to include the "add-on's". VOTE 4-0 4. REQUEST FOR EXTENSION—Burlington Estates The developer has requested a two year extension to allow for completion of the Burlington Estates subdivision. Motion was made by Ms. Becker and seconded by Ms. Galiatsos to extend the Order of Conditions for Burlington Estates for two years as requested by the developer. VOTE 4-0 5. CERTIFICATE OF COMPLIANCE—23C Castle Hills The Commission received a request for a Certificate of Compliance for 23C Castle Hills. It has been the Commission's policy to not issue Certificates on individual condominium units but issue a final Certificate once the project is completed. Motion was made by Ms. Messick and seconded by Ms. Becker to respond to the Certificate requesf for 23C Castle Hills in writing— stating that it is the Commission's policy to not issue Certificates on individual condominium units. VOTE 4-0 The meeting adjourned at 7:00 PM. Agawam Conservation Commission October 8, 2009 Page 1 AGAWAM CONSERVATION COMMISSION October 8, 2009 MEMBERS PRESENT: Henry A. Kozloski,Chairman Sheryl Becker Steven Douglas Fred Harpin Jill Messick MEMBERS ABSENT: Magda Galiatsos Mark Soticheck ct� ALSO PRESENT: =' Deborah S. Dachas I Mr. Kozloski called the meeting to order at 6:30 PM. '} �, irrf I. APPROVAL OF MINUTES—September 24, 2009 Motion was made by Mr. Harpin and seconded by Ms. Messick to table approval of the September 24, 2009 minutes as they were not yet prepared. VOTE 5-0 2. PUBLIC HEARING CONT. --Notice of Intent—Mark Drive--Langone Attorney Gary Liquori was in attendance to answer questions on this filing. Since the last meeting members met on-site with Joe Petronino who prepared the filing. Attorney Liquori stated that this lot was created in 1974. He stated that the Engineering Department comments will be addressed as well as the DEP comments. There being no public input,the Commission closed the public hearing. The Order of Conditions was written at the end of the meeting. 3. PUBLIC HEARING CONT. —Notice of Intent—WMECO— Agawam/West Springfield Circuit Separation Project Paul Knapik of AECOM and Robert Young were in attendance. Since the last meeting a site walk was held with members of the Commission to view the proposed mitigation area on South West Street. The site is the former Boglisch Nursery. The limits of the mitigation area for this project were staked out. Mr. Knapik went over the mitigation plan. Mr. Kozloski asked for any public input. Agawam Conservation Commission October 8, 2009 Page 2 Robert King— 188 South West Street- asked where on the site the mitigation area was located. Mr. Knapik pointed out the area and stated that there will be approximately 2' — 5' of excavation with installation of berm. He then went over the proposed planting plan and stated that in two years they must demonstrate a 75%vegetative cover. There being no further public input,the Commission closed the public hearing. The Order of Conditions was then written. A copy of which can be obtained from the Commission's office or the Town Clerk's office. Motion was made by Mr. Harpin and seconded by Ms. Messick to issue the Order of Conditions for the WMECO Agawam/West Springfield Circuit Separation Project as written. VOTE 5-0 The Commission then wrote the Oder of Conditions for Langone on Mark Drive. A copy of which can be obtained from the Commission's office or the Town Clerk's office. Motion was made by Mr. Harpin and seconded by Mr. Douglas to issue the Order of Conditions for Langone on Mark Drive as written. VOTE 5-0 4. ENFORCEMENT ORDER UPDATES -Robin Ridge Estates Motion was made by Ms. Messick and seconded by Mr. Harpin to issue a second Enforcement Order to Banville/Toomey LLC requiring that within five days of receipt of Enforcement Order a plan on the correction of the erosion problems at the outlet structure be submitted and once approved by Conservation and Engineering, the work is to begin immediately. Commission will require a stop work order on the project if this is not completed as stated. VOTE 5-0 Motion was made by Ms. Becker and seconded by Mr. Douglas to send a letter to the owner of lot 2 (Thomas Lockwood)with a copy of the original Enforcement Order on Robin Ridge Estates (dated July 23,2009) stating that the work contained in the Enforcement Order mast be completed within ten days or the Commission will request a stop work order. _ 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 5. RATIFY ENFORCEMENT ORDER—Elm Street Agawam Conservation Commission October 8, 2009 Page 3 Motion was made by Ms. Messick and seconded by Mr. Douglas to ratify the Enforcement Order issued to the owner of the mill building on Elm Street for cutting of trees/brush along the side of the brook. VOTE 5-0 6. ENFORCEMENT ORDER— Liquori Drive—Town of Agawam The Commission received a complaint regarding neighborhood dumping of yard waste and debris on an embankment and in an intermittent stream on property off Liquori Drive which is owned by the Town. Motion was made by Mr. Harpin and seconded by Ms. Messick to issue an Enforcement Order to the Town of Agawam for a lot owned by the Town on Liquori t) ive requiring that all yard waste and debris be removed, stabilize and seed the embankment and install "no dumping" signs to prevent future dumping—within fourteen(i 4) days. VOTE.5-0 The meeting adjourned at 8:00 pm. Agawam Conservation Commission September 24, 2009 Page 1 AGAWAM CONSERVATION COMMISSION September 24, 2009 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker o Fred Harpin Jill Messick MEMBERS ABSENT: A Steven Douglas Magda Galiatsos - Mark Soticheck cry ALSO PRESENT: Pamela R. Kerr Mr. Kozloski called the meeting to order at 6.30 PM. 1. . APPROVAL OF MINUTES—September 10, 2009 Motion was made by Mr. Harpin and seconded by Ms. Messick to approve the minutes of September 10, 2009 as written. VOTE 4-0 2. PUBLIC HEARING—Notice of Intent—Mark Drive—Langone Joe Petronino of Environmental Services was in attendance to present this NOI which shows the construction of a duplex on a lot at the end of Mark Drive. He stated that the lot is part of a subdivision that was approved in 1974 for fourplexes. He went on to say that he has flagged the mean annual high water level and the bordering vegetated wetland: The duplex will be within the 200' riparian zone. A row of trees is proposed along the silt fence edge as shown on the plan. Dry wells are proposed at all four comers of the duplex. The Engineering Department submitted'comments which Mr. Petronino stated will be addressed. DEP also submitted comments which he stated will be also addressed. Attorney Gary Liquori was also in attendance on behalf of the applicant. He stated that this property was zoned always zoned for fourplexes, however, it has been rezoned to Business B which limits it to duplexes. Mr. Petronino gave the following information regarding impacts: total outer riparian area=20,000 SF; total outer riparian zone disturbed= 15,500 SF; total inner riparian area=29,000 SF; and total inner riparian area disturbed=2,200 SF. The Commission continued this public hearing and agreed to schedule a site visit prior to the next meeting. They requested that the 100' riparian zone and limit of work lines be staked prior to the site visit. Agawam Conservation Commission September 24, 2009 Page 2 3. REQUEST FOR DETERMINATION—WMECO—Greater Springfield Reliability Project(GSRP)—Soil Borings Rob Young was in attendance to explain this RDA which covers the soil borings only for the GSRP. He stated that since work such as this in the riverfront area is exempt, they have filed for the work in the bordering vegetated wetlands. Mr. Kozloski reminded the members that this work runs from Barry Street to North Agawam. There were no concerns voiced and no public input. Motion was made by Mr. Harpin and seconded by Ms. Messick to issue a Negative Determination of Applicability for the WMECO GSRP soil borings. VOTE 4-0 4. PUBLIC HEARING CONT—WMECO—Agawam/West Springfield Circuit Separation Project Robert Young began the presentation on this 2.5 mile project. He stated that a mitigation plan has now been prepared for this project and that it will take place on a 118 acre South West Street parcel that WMECO will be acquiring. He went on to say that the confidentiality of the location has been lifted and he can now submit the plan-for the Boglisch property on South West Street. This project will have approximately 8/10 of an acre of wetland impacts. Paul Knapik of AECOM then addressed the Commission. He stated that mitigation for both the WMECO projects will take place on this parcel. He went on to say that this parcel is a former nursery and wetlands and a pond exist on the property. He also stated that the proposed mitigation avoids the area where the Route 57 corridor is planned. A grading and planting plan has been developed which shows proposed forested wetland with dense understory. Ms. Messick stated that this might be an appropriate site to be used for educational purposes/workshops. She went bn to say that this appears to be a very large undertaking and may be unprecedented. Mr. Knapik stated that the mitigation plan should be submitted next week and asked that the Commission continue this hearing to the next meeting. The Commission continued the hearing. 5. REVIEW ORDER OF CONDITIONS —Phase I Sewer Extension—T.O.A. Anthony Sylvia, Superintendent of Public Works, was in attendance as well as Melissa Coady and Dave Popelarczyk of Tighe and Bond and Mike Goncalves, the contractor for the project. Mr. Kozloski went through the Order of Conditions. Mr. Sylvia stated that the sign with the DEP file number will be posted at South Westfield Street at this time. In terms of the requirement of an environmentalist being on-site, Ms. Coady stated that depending on the location of the work, either she or an equivalent from Tighe &Bond would be present. Mr. Sylvia stated that there will be a full time resident engineer on-site as well. Mr. Harpin stated that there is a current run-off problem at the Luigi's Auto Agawam Conservation Commission September 24, 2009 Page 3 Body site. Mr. Kozloski stated that there are several trees in that area that are dying from the amount of runoff on the property and that the trees should probably be removed. Mr. Sylvia stated that he would look into that situation and contact Mass. Highway Department if necessary. Ms Messick asked if they had an idea of when the project would be complete. Mr. Sylvia stated that the entire Phase I project should take roughly a year to complete. The Route 57 portion of the work is not scheduled for this season. Mr. Harpin brought up the issue of notifying the public of this work. Mr. Sylvia stated that he has been looking into sending out a town-wide telephone notification and Mr. Popelarczyk stated that construction signs will.be installed. Mr. Goncalves stated that the silt fence near the Czerpak property will be installed tomorrow. 6. CERTIFICATE OF COMPLIANCE— 91 Elizabeth Street Mr. Kozloski recommended that the holdback now be released on this lot as the grass is growing. Motion was made by Mr. Harpin and seconded by Ms. Messick to issue a full Certificate of Compliance on 91 Elizabeth Street. VOTE 4-0 7. ENFORCEMENT ORDER UPDATES —River Road—nothing new to report. Anvil Street—lot 3 has been graded—work is progressing. Line Street—nothing new to report. Robin Ridge—Mr. Kozloski stated that the berms are now in. Mike Banville (developer.) was in attendance and stated that the berms are scheduled to be "squashed down"next week. The members agreed to set up another site visit before the next meeting. Motion was made by Mr. Harpin and seconded by Ms. Messick to amend the agenda to include the "add-on's". VOTE 4-0 8. DISCUSSION—224 Elm Street correspondence The Commission received a letter from the owner of 224 Elm Street requesting permission to remove some trees. Mr. Kozloski met with the homeowner and found that the trees are out of the Commission's jurisdiction. 9. COMPLAINT—Elm Street—DEP A DEP member phoned a complaint to the office regarding trees being cut on either side of the brook next to the old mill building on Elm Street. Members agreed to make a site visit next week to view the work that was done. Agawam Conservation Commission September 24, 2009 Page 4 The meeting adjourned at 7:30 PM. Agawam Conservation Commission June 11, 2009 Page 1 AGAWAM CONSERVATION COMMISSION June 11, 2009 MEMBERS PRESEf4T: Henry A. Kozloski, Chairman Sheryl Becker Fred Harpin Jill Messick ~MEMBERS ABSENT: Steven Douglas Magda Galiatsos Mark Soticheck ALSO PRESENT: Deborah S. Dachos Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES—May 28, 2009 Motion was made by Ms. Messick and seconded by Ms. Becker to approve the minutes of May 28, 2009 as written. VOTE 4-0 2. REQUEST FOR DETERMINATION—28 Cesan Street—Williamson Ms. Williamson was in attendance to present this RDA she had filed for the removal of some trees near her house. Members of the Commission had conducted a site visit to view the trees. Ms. Messick stated that there is a nearby stream, however, the trees are rotting and in danger of falling on the house. She recommended that the stumps remain and that a negative determination be issued. Motion was made by Ms. Messick and seconded by Mr. Harpin to issue a Negative Determination of Applicability to Williamson, 28 Cesan Street with the condition that the stumps are to remain and the Commission shall be notified prior to starting the work. VOTE 4-0 5. ENFORCEMENT ORDER (updates)--River Road Ms. Dachos informed the members and provided copies of a letter that the Mayor had sent to Senator Buoniconti and Representative Sandlin, asking for their support in the appeal of Mr. Townsend to Mass.Highway Department,regarding tying his drainage into the state's system. Agawam Conservation Commission June 11, 2009 Page 2 Line Street—Nothing new to report. 1744 Main Street—A letter was sent out last week instructing Mr. Cirillo to remove the remaining leaves that were dumped in the 100' buffer within fourteen days or the matter would be turned over to DEP. Ms. Messick stated that she spoke with a representative of DEP and an aerial photo was requested. Motion was made by Ms. Messick and seconded by Ms Becker to add a discussion of Oak Street to the agenda. VOTE 4-0 The Commission received a memo from Randy White, Health Agent regarding a complaint he received of a foul odor coming from the brook that runs behind the Take Five Restaurant. Mr. Kozloski stated that he will contact Mr. White and make a site visit. 6:40 PM—REQUEST FOR DETERMINATION—WMECO—Agawam/West Springfield Circuit Separation Project David Cameron of AECOM was in attendance along with Girish Behal of Northeast Utilities and Rob Young of Haley&Aldrich. Mr. Cameron explained that this RDA filing involves exploratory borings to be taken for the new towers as part of the Agawam/West Springfield Circuit Separation Project. A Notice of Intent for the project will be submitted in the near future. Conservation Commission members walked the proposed work areas this week. The target date to start the borings is mid-July. The Commission asked to be notified prior to the working starring. Motion was made by Mr. Harpin and seconded by Ms. Messick to issue a Negative Determination of Applicability for WMECO for the soil borings for the Agawam/West Springfield Circuit Separation Project, requiring that the Commission benotified prior to starting the work. VOTE 4-0 3. PUBLIC HEARING CONT.—Notice of Intent—Harvard Avenue—Grimaldi At the last meeting the Commission granted a 30 day continuance of this public hearing after received a letter from the applicant's land surveyor that.the attorney has been working on the Planning Board issues with the property. Ms. Dachas informed the Commission that the filing fee for Requests for Determinations of Applicability which is currently$25.00 no longer covers the cost of advertising. Motion was made by Mr. Harpin and seconded by Ms. Becker to send a letter to the Town Council requesting that the filing fee for a Request for Determination of Applicability be increased to $50.00. Agawam Conservation Commission June 11, 2009 Page 3 VOTE 4-0 The Commission received a memo from Jack Stone,DPW Superintendent regarding FY 2009/2010 Chapter 90 Roadway Maintenance Program projects that they are contemplating. The projects are for resurfacing only and will include sweeping.of the street, adjustment of manhole and catch basin frames and covers, application of a tack coat immediately in.advance of paving and a new surface course of pavement. The mern6f irther reads that all work proposed will be done within the limits of the public way or property and, except for adjustments of driveway aprons and tree belts to meet the new pavement,within the confines of the traveled way. No roadway widening or increase in impervious areas is proposed. Motion was made by Ms. Messick and seconded by Ms. Becker that Notices of Intent would not be necessary for this work(FY 09/10 Chapter 90 Roadway Maintenance Program)but no stockpiling of dirt or dumping is to occur near a resource area and erosion controls should be used as needed. VOTE 4-0 The meeting adjourned at 7:05 PM. Agawam Conservation Commission May 14, 2009 Page 1 AGAWAM CgNSERVATION COMMISSION May 14, 2009 MEMBERS PRESENT: Fred Harpin,Acting Chairman Sheryl Becker Magda Galiatsos Jill Messick Henry Kozloski—6:50 PM a ILD MEMBERS ABSENT: cry Steven Douglas :r Mark Soticheck !- 3 ALSO PRESENT: Deborah S.Dachos �•' i'r Pamela R. Kerr o Mr. Harpin called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES—April 23, 2009 Motion was made by Ms. Messick and seconded by Ms. Galiatsos to approve the minutes of April 23, 2009 as written. VOTE 4-0 2. REQUEST FOR DETERMINATION—Howard Street—Lavunodiere Ms. Messick stated that she went out to this site with Mr. Kozloski last week and that there is a deep marsh in the back of this property. The applicant is proposing to install an 1 S' round above ground pool approximately 75' from the wetland. She stated that the house is raised and that the property slopes down in the back. The area is currently lawn and bushes. She recommended that a Negative Determination be issued. Motion was made by Ms. Galiatsos and seconded by Ms. Becker to issue a Negative Determination of Applicability for Lavimodiere on Howard Street. VOTE 4-0 5. PUBLIC HEARING CONT. —Notice of Intent—Harvard Avenue—Grimaldi The members continued this hearing once again and asked that a letter be sent to the applicant requesting an update on the status of this filing. Agawam Conservation Commission May 14,2009 Page 2 Motion was made by Ms. Messick and seconded by Ms. Galiatsos to amend the agenda to include the"add-on's". VOTE 4-0 6. COMPLAINT—Prince Lane Mr. Harpin stated that he and Mr.Kozloski investigated this complaint regarding trees being cut in a wetland. He stated that children have created a bike trail in this area in the woods and that they had a lawnmower out there as well. A letter was sent to the property .owner advising him that this activity is in violation of the Act and.to take measures to prevent this activity. North Westfield Street DEP contacted the office with a complaint they received regarding filling in of a wetland on North Westfield Street. Ms.Kerr explained that Mr. Kozloski met with the property owner the following morning and viewed the area. The owner had plowed a field to plant vegetables as he has done in the past. Mr. Kozloski noted that there was no violation as no wetland had been filled or altered. 9. CORRESPONDENCE—28 Cesan Street The owner of 28 Cesan Street submitted a written request to remove some trees from her backyard. Members agreed to meet the owner on-site the following Wednesday at 9:00 AM. 10. DISCUSSION-Shoemaker Lane Ms. Kerr explained that Mr. Kozloski had contacted DEP regarding an article in the paper on the WMECO property on Shoemaker Lane where a power line had come down and they had to cross a wetland to repair it. The Commission was unaware of any wetland issues. DEP informed Mr. Kozloski that the work was exempt as a public utility but would notify the Commission if there are any future problems. Heritage Hall Ms. Kerr informed the members that the engineer for the dialysis project contacted the . office to say that the contractor had found that the water line was not in the location as was originally thought. Mr. Kozloski met with the contractor that day and found that the haybales were in place. He found no problems with the work occurring with the new water line location. 3. REQUEST FOR DETERMINATION—Cosgrove Avenue—Troy .y Agawam Conservation Commission May 14, 2009 Page 3 Ms. Messick stated that she met on-site with Mr. Kozloski in response to a complaint regarding trees being cut and a garage being constructed adjacent to a wetland. She stated that there is a stream off the side of the property with wetland in the back. She went on to say that it was apparent that the tree that was cut had been cut for a long time and that it, as well as the garage were within 100' of the wetland. Ms. Messick stated that neither activity created disturbance to the wetland. The property owner was received an Enforcement Order and was instructed to file a Request for Determination for the garage. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to issue a Negative Determination of Applicability for Troy on Cosgrove Avenue. VOTE 4-0 Motion was made by Ms. Messick and seconded by Ms. Galiatsos to lift the Enforcement Order issue to Troy on Cosgrove Avenue. VOTE 4-0 4. PUBLIC HEARING CONT. —Notice of Intent—Robinson Pond—DCR The Commission received a copy of the NHESP response on this filing and closed the public hearing this evening as there was no additional public input. The Order was written at the end of the meeting. 5. ENFORCEMENT ORDER UPDATES—Anvil Street Mr. Calabrese was in attendance this evening and stated that he has regraded the slope and is waiting for DL Bean to shoot the new grades so that he can place the loam and seed. The members received a copy of the letter sent to Mr. Calabrese by the Planning Board last week. Ms. Dachos stated that the Planning Board letter outlines conditions that must be met by next week or they will initiate proceedings to secure the bond. Ms. Messick asked if the piles of dirt had been removed. Mr. Calabrese stated that he removed two piles this week but that the pile at the end of the circle is still there because he intends to use that on the embankment. A site visit is to be scheduled for Monday with Commission members, Planning Board members and the Engineering Department. Line Street—Ms. Messick stated that the cars still have to be moved and that the property owner is aware of that. 1744 Main Street—Cirillo Ms. Messick stated that she went out to the Cirillo property to view his complaint that he lodged on his neighbor's (3udoin)property. She stated that she found no violation on the neighbor's property, however,the chain link fence on Cirillo's property has been knocked down and it appears that he has placed more fill back there. The Commission Agawam Conservation Commission May 14, 2009 Page 4 received copies of a letter that Mrs. Judoin submitted regarding violations on Cirillo's property. Mrs. Judoin was in attendance and stated that Mr. Cirillo has backfilled a lot of the parking lot. Mr. Kozloski arrived at the meeting at this time. He asked if more leaves had been dumped. Mrs. Judoin stated no, and that they were removed. She stated that she feels Mr. Cirlio's parking of cars in this area is a buffer zone violation. The members agreed to make another site visit on Wednesday after the Cesan Street on-site. Ms. Dachos stated that parking in the buffer was not approved by the Planning Board or the Conservation Commission. Mr. Harpin stated that they are now parking at the old A&W site too and that people are being told to cross the street and walk down Main Street. Ms. Dachos explained that there is an appeals process thru the Board of Appeals to be followed if someone doesn't agree with a decision. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to amend the order of the agenda. VOTE 5-0 Enforcement Order—Longbrook Estates Leif Ronaldson was in attendance on behalf of GFI. He stated that he has not heard back from the bank and asked if the Commission did. Ms. Messick stated no and that the damaged area is now another 15' wider that it was; a tree has fallen over and there are piles of silt. Mr. Kozloski stated that he spoke with the attorney for the Bank and was informed that they had not yet made a decision. The members agreed that the matter now be turned over to DEP. River Road(trucking concern)—Ms. Dachos stated that she and Mr. Kozloski contacted Gary Weiner of ECOTEC after receiving copies of correspondences from the Town. Solicitor and the DPW Superintendent. They asked that Mr. Weiner follow through the formal appeal process to Mass. Highway Department and to provide the Commission with a copy of the appeal. She went on to say that if the appeal is denied by the state, they can then seek support from Senator Buoniconti and Representative Sandlin on the issue. Ms. Messick stated that the berm that was put in seems to be working. The . members agreed to send a letter to the property owner stating that they want a copy of the appeal to MHD and a timeframe for completion of the work. Cooper Street—Town of Agawam Mr. Kozloski stated that this work has been done. The blacktop berm is in and the area was seeded and hayed. He recommended that the Enforcement Order be lifted at this time. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to lift the Enforcement Order issued to the Town of Agawam for Cooper Street. VOTE 5-0 k Agawam Conservation Commission May 14, 2009 Page 5 Pheasant Hill—Mr. Kozloski informed the members that he was contacted by the DPW to view an area off of Paul Revere Drive at Pheasant Hill where a headwall was blown out. He stated that the Town is working on plans to repair it and will be contacting the Commission again. The members then wrote the Order for Robinson Pond. 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. Galiatsos to issue the Order of Conditions for Robinson Pond as written. VOTE 4-0-1 (Kozloski abstained) The meeting adjourned at 7:35 PM. y. f J Agawam Conservation Commission April 9, 2009 Page I AGAWAM CONSERVATION COMMISSION April 9, 2009 MEMBERS PRESENT: Henry A. Kozloski, Chairman—6:45 PM Sheryl Becker `n Steven Douglas = : Magda Galiatsos Fred Harpin Jill Messick w c� MEMBERS ABSENT: Mark Soticheck 0' ALSO PRESENT: Pamela R. Kerr Mr. Harpin called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES —March 26, 2009 Motion was made Ms. Messick and seconded by Ms. Galiatsos to approve the minutes of March 26, 2009 as written. VOTE 5-0 2. REQUEST FOR DETERMINATION— 73 Meadow Street—Western Mass. Property Services LLC Jim Ricco of Western Mass. Property Services was in attendance to present this RDA which was filed for work is proposing in the backyard at 73 Meadow Street. He explained that there are two existing retaining walls that need to be replaced. He would also like to add a row of concrete blocks across the top of the slope and level out the existing recessed area. Ms. Messick stated that both she and Mr. Kozloski met with the applicant at the site to view the area and go aver the proposed work. She stated that beyond this proposed work area the property slopes steeply to a wooded area. Motion was made by Ms. Messick and seconded by Mr.Douglas to issue a Negative Determination of Applicability for Western Mass. Property Services at 73 Meadow Street. VOTE 5-0 3. PUBLIC HEARING CONT. —Notice of Intent— 1340 Springfield Street— Coyote Realty LLC Agawam Conservation Commission April 9, 2009 Page 2 Motion was made by Ms. Messick and seconded by Ms. Galiatsos to continue the public hearing for Coyote Realty LLC as the applicant and his engineer are addressing Engineering comments. VOTE 5-0 4. PUBLIC HEARING CONT. —Notice of Intent—Harvard Avenue—Grimaldi Motion was made by Ms. Messick and seconded by Ms. Galiatsos to continue the public hearing for Grimaldi on Harvard Avenue as the applicant is still working on Planning Board issues with the site. VOTE 5-0 Motion was made by Ms. Messick and seconded by Ms. Galiatsos to amend the agenda to include the"add-on's". VOTE 5-0 9. CERTIFICATE OF COMPLIANCE—Lot 14 Hemlock Ridge Mr. Harpin stated that he and Mr. Kozloski made this inspection and recommend that a Certificate be issued. Motion was made by Ms. Messick and seconded by Mr. Douglas to issue a Certificate of Compliance for lot 14 Hemlock Ridge. VOTE 5-0 10. COMPLAINT— Suffield Street Mr. Harpin stated that he and Mr. Kozloski responded to this complaint regarding tree cutting on Suffield Street (behind Castle Hills). He stated that they found that brush had been cleared. A letter was sent to the homeowner informing him that working within 100' of a wetland requires a filing with the Commission. It. DISCUSSION—DEP Workshop The members were reminded of the DEP workshop that is scheduled for Tuesday, April 21 st at 6:00 PM at the library. The workshop will be on stormwater management. 3. PUBLIC HEARING—Notice of Intent—Phase I Sewer Extension—Town of Agawam Melissa Coady and David Popielarczyk of Tighe and Bond were in attendance to present this NOI. Also in attendance were Jack Stone and Chris Golba of the Agawam Department of Public Works. Mr. Stone stated that this Notice of Intent covers Phase I of the Southwest Sewer Extension Project and will include Shoemaker Lane, along the southerly side of Route 57 and South Westfield Street. Melissa Coady then went over the Agawam Conservation Commission April 9, 2009 Page 3 wetland impacts associated with the project. (Mr. Kozloski arrived at this time.) Ms. Coady stated that a site walk was conducted last fall with Commission members. She then went through the plans and went over all areas of wetland concerns or impacts. She stated that a temporary access road will be constructed(12' to 14' wide) on geotextile and will be removed entirely when the work is complete. This temporary roadway will result in impacts to the bvw. She stated that they will be removing all non native invasive species and replacing it with native species. She stated that along the east access ramp of Route 57 there will be approximately 4,525 sf of bvw impacts and near South Westfield Street there will be approximately 75 sf bvw impacts. They are proposing to replicate 4600 sf after construction has been completed and the temporary access road is removed. Mr. Kozloski stated that rather than haybales for erosion control, they use straw bales to avoid weed seeds. Ms. Coady stated that straw bales are much more costly than haybales and she suggested the use of double rows of silt fences. Mr. Harpin stated that he feels double rows of silt fences would be better than straw bales. Ms. Messick then asked about the DEP comments. Ms. Coady stated that she has received them and will be provide a written response to them and will provide copies to"the Commission. Ms. Messick brought up the DEP comment regarding a potential new point source discharge. Ms. Coady stated that she will clarify with DEP as the 12"rcp shown is a replacement and not a new discharge. Ms. Messick asked what the timeframe for the project is. Mr. Popielarzyk stated that they are Iooking to start late summer or early fall of this year. Ms. Coady stated that with that timeframe they would be looking at constructing the restoration areas in late spring early summer of 2010. The members continued the public hearing to the next meeting to allow for the DEP comments to be addressed and they also have not yet received a response from NHESP. 5. ENFORCEMENT ORDER (updates)—Anvil Street—Ms. Messick stated that the site has not been entirely"blanketed" and some of the silt fences area down. She also stated that there is further infiltration into the wetlands and the piles of dirt have not been covered. She went on to say that the developer had previously said that the piles of dirt would be removed. A meeting will be scheduled with representatives of the Conservation Commission, Planning Board, Engineering Department and D.L. Bean. River Road—There is a large puddle in the parking lot and bags of leaves have been dumped also. Ms. Messick stated that the last update she had was that the Town was still trying td determine if the owner can tie into the catch basin. Longbrook Estates—Leif Ronaldson of GFI Boston was in attendance along with Kate Connolly representing Webster Bank. A proposed restoration plan was submitted yesterday. Ms. Connolly stated that the Bank has hired their own engineer to prepare the plan and that the Bank is still undecided as to whether they will be acquiring the property and completing the restoration work. She stated that she is aware of the severity of the problem and that the price tag for correcting it gets higher each day. Mr. Kozloski asked how soon the Bank would commit. She stated within a few weeks. She asked if the Commission would grant another extension to allow time for the Bank to make their Agawam Conservation Commission April 9, 2009 Page 4 decision. The members were concerned that the damage gets more extensive with each rainstorm. There was a lengthy discussion regarding turning this matter over to DEP and how best to get this work accomplished. In conclusion, most of the members agreed that it would be better to work with the property owner to get this work done. Motion was made by Mr. Harpin and seconded by Mr.Douglas to allow a three week extension for the developers of Longbrook Estates and their bank prior to sending the issue over to DEP. VOTE 5-1 (Messick opposed) Cooper Street—Town of Agawam—Ms. Messick stated that the haybales have been removed. The project is still ongoing. Ms. Messick stated that she will check the area again. 1744 Main Street—Cirillo—Mr. Kozloski stated that he issued an Enforcement Order to Mr. Cirillo to remove the piles and Ieaves and landscaping debris that were dumped. Motion was made by Ms. Messick and seconded by Ms. Becker to ratify the Enforcement Order issued to Cirillo for 1744 Main Street. VOTE 6-0 1720 Main Street—Czelewzawicz—Mr. Czelewzawicz (Ed) was in attendance. Ms. Mesick and Ms. Galiatsos went out to the site and found a pile of tires that the owner will remove. Ms. Messick stated that there were blue flags up from a previous wetland delineation and that they did not find any wetland violations. Mr. Harpin stated that it appears that the area has been filed with dirt. Ed stated that no filling has occurred in that area,however,over the years there were neighbors who would dump brush in that area and that has been stopped. He went on to say that his son rides his quad around the property and that is why no grass is growing. He also stated that nothing has been dumped over the embankment other than snow and perhaps there was some dirt that got moved by the snow plow. Mr. Kozloski stated that no further work should be done back there without filing with the Commission. Ed agreed to that. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to lift the Enforcement Order issued to Czelewzawicz.for 1720 Main Street. VOTE 6-0 8. DISCUSSION—School Street Park—dog park Ms. Messick stated that Chris Sparks has been requested by a resident to allow for a dog park to be located within the detention basin at the School Street Park. Upon discussion, the members were in agreement.that it would not be a good idea environmentally as the dog fecal matter would get into the drainage. ' r Agawam Conservation Commission April 9, 2009 Page 5 Motion was made by Ms. Messick and seconded by Ms. Becker to send a memo to Chris Sparks stating that the dog park proposal was discussed this evening and the members do not feel it would be a good idea environmentally. VOTE 6-0 Ms. Becker stated that there is an area on the side of the road on Meadow Street where piles of brush and debris have been dumped. Mr. Kozloski stated that a memo should be sent to the DPW to have this addressed. The members agreed. The meeting adjourned at 8:00 PM. Agawam Conservation Commission March 26, 2009 Page 1 AGAWAM CONSERVATION COMMISSION March 26, 2009 - MEMBERS PRESENT: Henry A. Kozloski, Chairman Magda Galiotsis Fred Harpin Jill Messick Mark Soticheck MEMBERS ABSENT: ' Sheryl Becker Steven Douglas Mr. Kozloski called the meeting to order at 6:40 PM. I. APPROVAL OF MINUTES - March 12, 2009 Motion was made by Ms. Messick and seconded by Mr. Soticheck to approve the minutes of March 12, 2009 as written. VOTE 4-0-1 (Kozloski abstained) 2. PUBLIC HEARING CONT.—Notice of Intent— 1340 Springfield Street— Coyote Realty LLC Motion was made by Ms. Messick and seconded by Ms. Galiotsis to continue the public hearing for Coyote Realty LLC to the next meeting as the applicant is working on addressing Engineering comments. VOTE 5-0 3. PUBLIC HEARING CONT. —Notice of Intent—Harvard Avenue—Grimaldi Motion was made by Mr. Soticheck and seconded by Ms. Messick to continue the public hearing for Grimaldi on Harvard Avenue. ` VOTE 5-0 4. COMPLAINT—Federal Street/Prince Lane Mr. Kozloski and Mr. Harpin have been out to this site and found no violations of the ' Wetlands Protection Act. 5. CERTIFICATE OF COMPLIANCE—311 School Street Agawam Conservation Commission March 26, 2009 Page 2 A request for a Certificate of Compliance on 311 School Street was submitted to the Commission however, since a Superseding Order of Conditions was issued by DEP on this project, Certificates of Compliance would be issued by DEP. Mr. Kozloski asked that the Commission vote on this item pending clarification on whether they can issue a Certificate. Motion was made by Ms. Messick and seconded by Ms. Galiotsis to issue a Certificate of Compliance on 311 School Street pending a favorable inspection by a Commission member. VOTE 5-0 6. ENFORCEMENT ORDERS (updates) Anvil Street—Ms. Messick and Ms. Galiotsis will make a site inspection and follow up on what progress has been made with the Engineering Department and Planning Board. River Road—Motion was made by Mr. Soticheck and seconded by Ms. Messick to send a memo to Engineering asking for an update on the question of the outlet. Longbrook Estates—The members discussed the status of this project. Ms. Messick made a recent site visit and found an additional tremendous amount of damage. They agreed to send a copy of the Enforcement Order, photos and all other supporting documentation to DEP for their assistance. Motion was made by Mr. Soticheck and seconded by Ms. Galiotsis to send a letter to DEP with all supporting material regarding the Enforcement Order on Longbrook Estates asking for their assistance. VOTE 5-0 Line Street—nothing new to report. Town of Agawam—Cooper Street—ongoing project. Motion was made by Mr. Soticheck and seconded by Ms. Galiotsis to amend the agenda to include the "add-on's". VOTE 5-0 Complaint— 12 Sunnyslope Avenue—Mr. Kozloski and Mr. Harpin made an inspection and found that the property owner was clearing brush. Motion was made by Ms. Galiotsis and seconded by Mr. Soticheck to send a letter to the owner of 12 Sunnyslope Avenue stating that working within 100' of a wetland requires a Notice of Intent and that any further work than the brush clearing will necessitate a wetland delineation and Notice of Intent. VOTE 5-0 i • r Agawam Conservation Commission March 26, 2009 Page 3 Complaint— 1720 Main Street Motion was made by Ms.Messick and seconded by Mr. Soticheck to issue an Enforcement Order to the owner of 1720 Main Street stating that all work within 100' of a wetland or 200' of a "river"is to cease and desist and that a wetland delineation and Notice of Intent be submitted within 30 days of receipt of enforcement order. VOTE 5-0 The meeting adjourned at 7:00 PM. ouir Agawam Conservation Commission March 12,2009 Page I AGAWAM CONSERVATION COMMISSION March 12, 2009 MEMBERS PRESENT: Fred Harpi.n Sheryl Becker Steven Douglas Jill Messick Mark Soticheck ' w - - MEMBERS ABSENT: Henry A. Kozloski Magda Galiotsos ALSO PRESENT: Pamela R. Kerr Mr. Harpin called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES—February 26, 2009 Motion was made by Ms. Messick and seconded by Mr. Soticheck to approve the minutes of February 26,2009 as written. VOTE 4-0 2. PUBLIC HEARING—Notice of Intent—Bondi's Island— City of Springfield Melissa Coady of Tighe&Bond was in attendance and submitted copies of their written response to DEP's comments. A public hearing was opened and closed at the last meeting for this filing and an Order of Conditions was written. A DEP file number had not yet been issued. A new public hearing was advertised for this evening. Ms. Coady went over the DEP comments and their responses. One of the comments was regarding the possibility of the area between Cells I and 2 as a possible wetland subject to protection. Ms. Coady explained that this area has been evaluated for years and that there is a stand of phragrnites that exists on 40' of solid waste. She stated that there is no hydrologic connection to any jurisdictional resource area. She also provided the Commission with a copy of NHESP's response to this filing. There being no public input,the public hearing was closed. 3. PUBLIC HEARING CONT. —Wright Street—Town of Agawam Rick Misiaszek of Reinhardt Associates was in attendance and presented a revised plan per the Engineering Department continents. Since the last meeting, a site visit was held with Commission members. Ms. Messick asked if he is now proposing any plantings in Agawam Conservation Commission March 12, 2009 Page 2 the corner by the parking lot. Mr. Misiaszek states yes,he is proposing a woody mix in that area. Mr. Harpin was concerned with planting flowers that would attract bees as there are many seniors who walk through the area. Mr. Misiaszek stated that the proposed planting area is in the corner by the parking lot and not in a traveled area. There being no public input, the Commission closed the public hearing. Motion was made by Ms. Messick and seconded by Mr. Soticheck to amend the order of the agenda. VOTE 5-0 6. ENFORCEMENT ORDER UPDATES—Longbrook Estates Leif Ronaldson of GFI Longbrook was in attendance to update the members on his progress. He stated their engineering crew has been out to the site this week and a plan should be submitted to the town within the next couple of weeks. 4. PUBLIC HEARING CONT.—Notice of Intent— 1340 Springfield Street— Coyote Realty LLC Motion was made by Ms. Messick and seconded by Mr. Soticheck to continue the public hearing for Coyote Realty LLC to the next meeting as they are working to address Engineering Department comments. VOTE 5-0 5. PUBLIC HEARING CONT. —Notice of Intent—Harvard Avenue—Grimaldi Motion was made by Mr. Soticheck and seconded by Ms. Messick to continue the public hearing for Grimaldi on Harvard Avenue once again as the applicant is still working on the proper course of action for Planning Board approval of this lot. VOTE 5-0 6. ENFORCEMENT ORDER UPDATES—Anvil Street Ms. Messick stated that she has visited the site recently and found that dirt is still going down the hill. She stated that the Engineering Department is working on scheduling a site visit to view the existing conditions. River Road(trucking co.) Ms. Messick stated that she was told that the property owner's representatives are still working on clarifying the ownership of the outfall in this area. Line Street—Kuzmenko Agawam Conservation Commission March 12, 2009 Page 3 An as-built plan has been submitted for the record. The members then wrote the Order of Conditions for the Town of Agawam— Meadowbrook Manor. A copy can be obtained from the Commission's office or the Town Clerk's office. Motion was made by Mr. Soticheck and seconded by Mr. Douglas to issue the Order of Conditions for the Town of Agawam—Meadowbrook Manor as written. VOTE 5-0 The members then voted to issue the Order of Conditions that was written at the previous meeting for Bondi's Island, A copy can be obtained from the Commission's office or the Town Clerk's office. Motion was made by Mr. Soticheck and seconded by Ms. Messick to issue the Order of Conditions for Bondi's Island as written. VOTE 5-0 The meeting adjourned at 7:00 PM. Agawam Conservation Commission February 12, 2009 Page 1 AGAWAM CONSERVATION COMMISSION February 12, 2009 ca MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker t Magda Galiatsos Fred Harpin Jill Messick ' MEMBERS ABSENT: Steven Douglas Mark Soticheck ALSO PRESENT: Deborah S. Dachos Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES—January 22, 2009 Motion was made by Mr. Harpin and seconded by Ms. Messick to approve the minutes of January 22, 2009 as written. VOTE 5-0 2. REQUEST FOR DETERMINATION-- 1804 Main Street—Pocket Communications Jacklyn Swenson was in attendance on behalf of Pocket Wireless to present this RDA that was filed for the installation of three antennas on an existing cell tower at 1804 Main Street. Also there will be an equipment cabinet that will be built and supported on pipes that will be set in place with concrete. All work will take place within the existing fenced in area. Ms.Messick asked how much area would be displaced with this work. Ms. Swenson stated that there will be eight pipes set in the ground. Ms. Becker asked how far from the river this work would take place. Mr. Kozloski stated 35'. Motion was made by Mr. Harpin and seconded by Ms. Becker to issue a Negative Determination of Applicability for Pocket Communications at 1804 Main Street. VOTE 5-0 7. ENFORCEMENT ORDER UPDATES—Longbrook Estates Leif Ronaldson was in attendance on behalf of GFl Boston. He supplied the Commission with a copy of a letter from Webster Bank which states that a revised plan should be Agawam Conservation Commission February 12, 2009 Page 2 considered based upon an inspection of the area made by an inspector the bank hired. The bank.is concerned that the approved plan does not reflect the present day conditions (additional erosion). The letter goes on to say that once an adequate plan is in place the bank and borrower will be able to move forward. Mr. Ronaldson stated that he will keep the Commission informed of further progress. 3. PUBLIC HEARING—Notice of Intent—River Road—DeCaro Joe Petronino of Environmental Services was in attendance to present this NOI which shows the demolition of an existing home and construction of a new home further away from the River. He explained that this is redevelopment of a previously disturbed area. The site contains 1650' of impervious area and 16,664' riverfront area. He stated that he disagrees with DEP's comment regarding riverfront area enhancement. He also stated that he has not yet heard back from NHESP. He stated that one tree will have to be cut. There was a discussion of what type of plantings the Commission would like to see. Ms. Messick stated some type of low growing vegetation that would provide wildlife habitat would be beneficial. Mr. Petronino stated that it would have to be native species. The existing driveway will be moved slightly. Ms. Messick asked how they would be taking the existing house down. Mr. Petronino stated that they will build and demolish at about the same time. Mr. Kozloski pointed out that there is a sewer main on the property. Mr. Petronino stated that he is aware of the sewer main and they will be staying away from that. Mr. Kozloski asked the members how much mitigation they would like to see(i.e. grasses, low shrubs,bank stabilization). Mr. Harpin stated that it should be similar to the abutting properties. The members agreed that a planting area be placed a minimum of 15' from the top of bank. Mr. Petronino stated he would have a proposed planting scheduled for the next meeting. Ms. Messick stated that the applicant should use weed- free haybales. Mr. Kozloski then asked for any public input. ,David Caroleo, 220 River Road stated that he is totally in favor of this project. Motion was made by Ms. Messick and seconded by Ms. Becker to continue the public . hearing for the DeCaro Notice of Intent on River Road to the next meeting. VOTE 5-0 • 4. PUBLIC HEARING—Notice of Intent— Springfield Street—Coyote Realty ' LLC Ryan Joyce of New England Environmental was in attendance to present this Notice of Intent for the redevelopment of an existing commercial property. He explained that the proposed work includes removal of two existing commercial buildings and construction of a new commercial building at 1340 Springfield Street. The proposed location of the new building will be within the buffer zone to a bordering vegetated wetland. He stated that there is currently no drainage on the site and that they are proposing a grass Swale and 8' vegetated strip. Ms. Messick asked how this would be accomplished on the Agawam Conservation Commission February 12, 2009 Page 3 wetland edge. Mr. Joyce stated that time of the construction is important and that they propose the work be done in July and August. Mr. Kozloski asked if there were proposing any clean up in the wetland. Mr. Joyce stated yes they are. Mr. Kozlosld stated that wetland vegetation will grow in the swale. Mr. Joyce stated that there are proposing a bi-annual maintenance program that will keep the wetland vegetation out. The members agreed to a site visit for the following Tuesday at 9:00 AM. Mr. Kozloski then asked for any public input. Mr. Cecchi, 102 North Westfield Street was concerned with the amount of impervious area on the site. There was a lengthy discussion of whether or not the amount of impervious area on the site will decrease with this proposal. The Engineering Department is currently reviewing the proposed drainage for the site. Motion was made by Mr. Harpin and seconded by Ms.Messick to continue the public hearing for Coyote Realty LLC on Springfield Street to the next meeting. VOTE 5-0 5. PUBLIC HEARING CONT. —Notice of Intent—Harvard Avenue--Grimaldi Motion was made by Mr. Harpin and seconded by Ms. Galiatsos to continue the hearing for Grimaldi on Harvard Avenue to the next meeting. VOTE 5-0 6. ENFORCEMENT ORDER UPDATES--Pynchon Point Mr. Kozloski stated that he will contact Jack Stone regarding the proposed plan that was submitted for resolution of the ongoing drainagelerosion problem. Line Street—nothing new to report. Motion was made by Ms. Mesick and seconded by Ms. Becker to amend the agenda to include the"add-on's". VOTE 5-0 8. Land-Donation—North Street Ext. The members discussed the correspondence from the Law Department regarding the offer to donate two lots on North Street ext by the owner— Sophie Kratimenos. The members were in agreement that this land is critical to the drainage in this area. Motion was made by Ms. Messick and seconded by Ms. Galiatsos to support the Town's acceptance of two lots on North Street Extension currently owned by Sophie Kratimenos. VOTE 4-1 (Harpin opposed) Agawam Conservation Commission February 12, 2009 Page 4 Tree cutting— Springfield Water& Sewer—North West Street The Commission received a letter from the forester for the Springfield Water and Sewer Commission asking for permission to remove some trees on the Water Works property on North West Street. The members agreed to a site visit the following Tuesday morning after the Feeding Hills Center on-site. The meeting adjourned at 7:45 PM. Agawam Conservation Commission January 22, 2009 Page 1 AGAWAM CONSERVATION COMMISSION January 22, 2009 MEMBERS PRESENT: _n `.. Henry A. Kozloski, Chairman Sheryl Becker Steven Douglas Magda Galiatsos Fred Harpin ., cn Jill Messick © ��LL Mark Soticheck ALSO PRESENT: Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES—January 8, 2009 Motion-was made by Mr. Harpin and seconded by Ms. Messick to approve the minutes of January 8, 2009 as written. VOTE 7-0 2. REQUEST FOR DETERMINATION— 50 Almgren Drive—KSD Construction LLC Dan Stebbins of KSD Construction LLC was in attendance to present this RDA which shows the construction of an addition to an existing building. All work is outside of the 100' buffer zone. Ms. Messick and Ms. Galiatsos had made an inspection as well as Mr. Kozloski and Mr. Harpin. Mr. Kozloski explained that there was some confusion as the plan that was submitted with the application showed a"proposed detention basin". He stated he contacted the applicant's engineer who stated that was an error and a revised plan was submitted which shows the "existing detention basin". He went on to say that he contacted the Engineering Department and they provided the Commission with a memo clarifying that indeed the detention pond exists and that the calculations for this addition were included with the original design. Mr. Harpin informed Mr. Stebbins that' the detention basin must be cleaned and maintained. Motion was made by Ms. Galiatsos and seconded by Mr. Douglas to issue a Negative Determination of Applicability for KSD Construction LLC, 50 Almgren Drive. VOTE 7-0 Agawam Conservation Commission January 22, 2009 Page 2 3. PUBLIC HEARING CONT.—Notice of Intent—Harvard Avenue—Grimaldi Joe Petronino of Environmental Services and John Grimaldi,the applicant were in attendance. Mr. Petronino stated that a revised plan was submitted today. The Engineering Department received and reviewed the revised plan and submitted a memo stating that additional grades are required. Mr. Petronino stated that he would have the engineer that drew the plan contact the Engineering Department regarding their comments. There was no public input this evening. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to continue the public hearing for Grimaldi on Harvard Avenue to the next meeting. VOTE 7-0 4. REQUEST FOR DETERMINATION CONT.—rear 1000 Suffield Street - Town of Agawam Since the last meeting the Engineering Department calculated the area that had been previously labeled isolated land subject(ilsf)to flooding to determine if it meets the criteria for such. A memo was sent to the Commission from Engineering stating that the area does not meet the criteria for ilsf in terms of the size of the area. The members were in agreement with the wetland delineation and agreed that the plan be revised with the area labeled isolated land subject to flooding being removed. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue a Positive Determination of Applicability for rear 1000 Suffield Street, approving the wetland delineation excluding the ILSF (flags 1 thru 11). VOTE 7-0 5. ENFORCEMENT ORDER UPDATES—Anvil Street—nothing new to report. Pynchon Point—a plan has been submitted and a meeting is scheduled with the Engineering Department for 1/27/09 to go over the submittal. Longbrook Estates—Leif Ronaldson of GFI Boston was in attendance to update the members. He stated that while the bank has approved the funding to complete this project, the money has not yet been allocated. He stated that essentially the bank is "frozen". Mr. Harpin suggested that the Commission issue a letter to GFI stating that if this work is not taken care of before the spring thaws and melts then the cost of the project may go up. Mr. Ronaldson stated that would be helpful and he could forward a copy to the bank. Agawam Conservation Commission January 22, 2009 Page 3 Line Street, Kuzmenko—Nothing new to report. Mr. Kozloski stated that he would research the file to determine if the plan on record reflects the work that was done. Cooper Street—Town of Agawam—this is ongoing as the work has not been completed yet. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to amend the agenda to include the"add-on's" and a discussion of the WMECO ENF. VOTE 7-0 9. DISCUSSION— 127 Forest Hill Road Mr. Kozloski and Mr. Harpin met with the contractor who is constructing the addition to this home (Negative Determination issued at last mecting). He had contacted the office and has subsequently issued a letter to the Commission regarding the backyard of 127 Forest Hill Road and how wet it is. His client is proposing to add fill to the back yard to dam the overflow as best as possible. He will use the onsite excavator to help ease the standing water and give it somewhere to go. Details of the proposal were discussed at the site visit. Ms. Messick stated that while she has no problem with this proposal, she feels it may cause additional problems with neighbors. Mr. Harpin stated that now is the time to do this work while the ground is frozen. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to send a Ietter to the owner of 127 Forest Hill Road approving the proposed work as outlined in the January 21, 2009 letter and requiring a 24 hour notice prior to work starting and periodic inspections will be made by Commission members. VOTE 7-0 8. DISCUSSION—RDA Filing Fees Mr. Kozloski explained that the current filing fee for a Request for Determination is $25.00 and that the average legal notice now costs approximately$32. He suggested that the Commission pursue raising this fee. Upon discussion, it was agreed to increase the fee to $50.00 for a RDA. ' Motion was made by Ms. Messick and seconded by Mr. Douglas to proceed with a public hearing on raising the filing fee for a Request for Determination of Applicability to $50.00. VOTE 7-0 DISCUSSION -WMECO ENF f Agawam Conservation Commission January 22, 2009 Page 4 Mr. Kozloski briefed the members on a public hearing that was held on the WMECO ENF (Agawam/West Springfield). A Notice of Intent will be filed. Mr. Kozloski then spoke of the recent stormwater erosion control workshop that Commission members attended. He informed them that he had contacted Mark Stinson and will be scheduling a DEP workshop sometime in late February or early March to go over the new EPA requirements. Ms. Messick then asked if the Commission would send a letter to the CPA Committee supporting their application for a CPA award on the School Street Park. Upon discussion, the members agreed to submit a letter of support. The meeting adjourned at 7:30 PM. j, _► Clrr� Agawam Conservation Commission January 8, 2009 Page 1 AGAWAM CONSERVATION COMMISSION January 8, 2009 MEMBERS PRESENT: Henry A. Kozloski, Chairman Sheryl Becker Steven Douglas Magda Galiatsos Fred Harpin CID Jill Messick Mark Soticheck n C. ALS PRESENT: v Deborah S. Dachos Pamela R. Kerr Mr. Kozloski called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES —December 11, 2008 Motion was made by Ms. Messick and seconded by Mr. Harpin to approve the minutes of December 11, 2008 as written. VOTE 7-0 2. PUBLIC HEARING—Notice of Intent—Superman Amenities— Six Flags New England John Furman, Dave Pickart and Allary Braitsch of Vanasse Hangen Brustlin were in attendance to present this Notice of Intent. Ms. Braitsch explained that the resource area impacts of this proposal include riverfront area and bordering land subject to flooding. Components of the amenities proposed include a flame cannon and propane tank which will be placed on concrete pads; a shield tunnel and a billboard entrance tunnel as well as four fly-thru's. She stated that she received a response from NHESP that this will result in a "no taking". She stated that the area is presently maintained as lawn and trees. Compensatory storage will be on the northern section and will be provided fully at foot by foot. Enhancement includes plantings around the compensatory storage area. Sediment/erosion controls will be placed and silt sacks will be placed around the pilings. In conclusion, she stated that there will be a total of 39 cubic yards of impacts with the pilings and concrete pads. Mr. Kozloski asked if any of these structures would be elevated. Mr. Furman stated that the pad for the tank will be at grade and the storage tank pad will be elevated. Ms. Becker asked if a mitigation plan had been submitted. Ms. Braitsch stated no plan was submitted but they will be doing the plantings. Mr. Pickart stated that it is a very small area. Ms. Messick pointed out the memo from the Engineering Department that calls for a registered land surveyor to certify the as-built for F � Agawam Conservation Commission January 8, 2009 Page 2 the compensatory storage area. Mr. Furman stated that he had no problem with that but stated that additional work in this area is planned for next year. He asked if the Commission could defer this requirement until that work is done. After a brief discussion, it was agreed that the requirement would only need to be adhere to when a Certificate of Compliance is being requested as it will be a part of the Order of Conditions. There being no public input, Mr. Kozloski closed the public hearing. Mr. Furman stated that the compensatory storage work had been completed on the Dark Knight Coaster. A written request for a Partial Certificate of Compliance was submitted for the compensatory storage work. Mr. Kozloski stated that he and Ms. Galiatsos made a site inspection and found this work to be completed. They took photos and displayed them at the meeting. . The members then wrote the Order of Conditions for the Superman Amenities. A copy can be obtained from the Clerk's office or the Conservation Commission office. Motion was made by Mr. Harpin and seconded by Mr. Soticheck to issue the Order of Conditions on the Superman Amenities for Six Flags New England as written. VOTE 7-0 Motion was made by Mr. Harpin and seconded by Ms. Messick to amend the order of the agenda and to include the "add-on's" and Certificate of Compliance—Six Flags New England. VOTE 7-0 Motion was made by Mr. Soticheck and seconded by Ms. Galiatsos to issue a Partial Certificate of Compliance for the Dark Knight Coaster compensatory storage work. VOTE 7-0 3. PUBLIC HEARING CONT. —Notice of Intent—Harvard Avenue—Grimaldi Mr. Petronino submitted a written request to continue this hearing to the next meeting. Motion was mad by Ms. Messick and seconded by Mr. Douglas to continue the public hearing for the Grimaldi Notice of Intent to the next meeting as requested by the applicant's representative. VOTE 7-0 4. REQUEST FOR DETERMINATION CONT.— 1000 Suffield Street-Town of Agawam Agawam Conservation Commission January 8, 2009 Page 3 A revised plan was prepared based upon a site visit that was held with Mr. Petronino, Ms. Becker and Ms. Galiatsos. Since receiving the revised plan, Ms. Messick and Mr. Kozloski walked the site once again with Mr. Petronino. They are in agreement that the area that Ms. Becker had suspected as a vernal pool maybe an isolated area subject to flooding and is definitely not a vernal pool. Ms. Becker and Ms. Galiatsos supplied photos of their site visit. Mr. Petronino stated that he suspects the area is a borough pit (man made). He went on to say that he has made many site visits and found that it was dry in the summer and fall, however, there was some ponding water at the most recent site visit. He does not feel it is a vernal pool either. Ms. Dachos asked what the criteria was for isolated land subject to flooding and questioned whether this area even met.that criteria. There was a lengthy discussion regarding what constitutes isolated land subject to flooding and in conclusion it was agreed to ask the Engineering Department to determine the volume of the borough pit. Motion was made by Ms. Messick and seconded by Mr. Soticheck to continue the Request for Determination for the Town of Agawam at 1000 Suffield Street to the next meeting. VOTE 7-0 5. ENFORCEMENT ORDER UPDATES Anvil Street—Chucky Calabrese was in attendance and provided the members with photos of the work that he has done. River Road (Pynchon Point)—Mr. Kozloski supplied photos of the work that has been done. The Enforcement Order required that a plan be submitted by December 23'd. The members asked that another letter be sent to the property owner stating that the plan must be submitted by the next meeting or legal action will be taken. Longbrook Estates—The members asked that a letter be sent on this Enforcement Order also asking for a response within ten days. Line Street—Ms. Dachos stated that the property owner was in the office and stated that the work has been done and would like another inspection. 6. DISCUSSION — 1804 Main Street Mr. Kozloski informed,the members of a proposal to co-locate an antenna on the existing cell tower at 1804 Main Street. Upon discussion it was agreed that a Request for Determination be submitted for this proposal. Ms. Dachos then informed the Commission that she has been requested to submit a level funded budget for this year. She asked if the Commission would be open to paying for Agawam Conservation Commission January 8, 2009 Page 4 their MACC membership from the wetlands account rather than through the Planning Department dues and subscriptions account. Motion was made by Ms. Messick and seconded by Ms. Becker to pay for the MACC membership out of the wetlands account. VOTE 7-0 The meeting adjourned at 7:45 PM.