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BY-LAWS - CONSERVATION COMM
8Y LAWS- CONSERVATION COMMA 1� TOWN CLERK OFFICE MAWAM, MASS. BY-LAWS GOVERNING �1� NOV 2 p I;�ERATIONS AND MEETINGS 4 OF THE AGAWAM CONSERVATION COMMISSION I, NAME •AND PURPOSE - A. The name of this orgainzati.on shall be the Agawam Conservation Commission, herein called the Commission. B. The purpose of the Commission is to promote and develop the natural resources and to protect the watershed resources of Agawam, as provided for under G.L. , Ch. 40, Sec. 8C as amended. The Commission will conduct researches into local land areas and develop a plan to accomplish the purpose set forth above. It will conduct a broad educational program, cooperate with the elected and appointed Boards and Commissions of Agawam and with the State and Federal Natural Resources agencies with regard to natural resources regulations and other regulations imposed by law, and shall perform other duties as may be imposed by law. II. ELECTIONS The officers of the Commission shall be elected from the membership annually in the first regular meeting of the Commission in January. This meeting shall be designated the elction meeting. The following officers shall be elected: Chairman, Vice-- Chairman, Clerk and Treasurer. III. OFFICERS A. Chairman The Chairman shall, in addition to the duties imposed by law, preside at all meetings of the Commission at which he is present, and direct the work of the Commission. This person shall annually appoint members to committees and designate chairman of same as provided for under Article V no later than the first meeting -of the Commission following the election meeting and shall direct the calling of meetings of the Commission. The Chairman shall be an ex-officio member of all committees. B. Vice-Chairman The Vice-Chairman shall preside at all meetings of the Commission in the absence of the Chairman, and shall perform all duties and shall have all powers of the Chairman in case of absence or incapacity of the Chairman. C Agawam Conservation Commission - By-laws '` Page 2 C. Clerk The Clerk shall be responsible for accurate records of the proceedings of the Commission, and shall notify each member of each meeting of the Commission. This person shall perform all other duties imposed by law, assigned by the Chairman, or otherwise herein provided. D. Treasurer The Treasurer shall recommend action on all bills received by the Commission, insure that the appropriate authorizing signatures are secured on these bills, transmit duly authorized bills to the appropriate municipal office for disbursement approval required or payment, and shall coordinate with Agawam's Treasurer and Accountant so that he is prepared to render a report on the status of all funds under the jurisdiction of the Commission at each meeting, and shall perform all other duties imposed by law, assigned by the Chairman, or otherwise herein provided. IV. CONSULTANTS AND HONORARY MEMBERS The Commission may, by vote at any meeting, appoint consultants to the Commission (see G.L. , Ch. 40, Sec. 8C) . Such con- sultants shall not have the right to vote, nor to represent themselves as official members of the Commission, but shall have the right to participate in meetings and activities of the Commission as the Chairman may designate. The Commission may elect Hororary Members from former members of the Commission. Such members shall have the same rights and privileges as consultants. i V. DUTIES OF MEMIERS The members of the Commission shall perform the duties and responsibilities as set forth in Massachusetts General haws, Chapter 40, Section 8C, as amended; the Massachusetts Conservation Commission Handbook; and these by-laws. Members who will be unable to attend a meeting of the Commission shall notify the Secretary. Members shall make every effort to attend all meetings and perform all duties assigned by the Chairman. Any member not attending three consecutive meetings without justifiable cause shall be removed from the Commission by the appointing authority upon recommendation of the majority of Commission members. A. The Agawam Conservation Commission will for purposes of discussion and decisions use the definitions, etc. under the New Rules and Regulations, as amended in 1977. Agawam Conservation Commission -- By-laws Page 3 VI. COMMITTEES Committees may be created by vote of the Commission as such committees may be needed. These committees shall -be �, responsible for planning within their specific area of concern and for reporting the results of this planning -4 to the Commission. They shall act in the name of the Commission only when directed to do so by vote of the Commission. Committees may include, but not be limited to: A. Planning Committee This committee shall be responsible for the preparation and updating of natural resource inventories, open space inventories, wetlands inventories, and a conservation and a passive outdoor recreation plan as specified in G.L. , Ch. 40, Sec. 8C; and the coordination of these plans with Community Master Plans or plans of the Planning Board and any Regional Planning agencies. B. Land Acquisition Committee This committee shall recommend to the Commission specific land areas to be acquired under the conservation and passive outdoor recreation plan so as to represent a logical time- phased acquisition program for the community. It shall present to the Commission recommendations for specific and acquisition projects to include: engagement of appraisers, land surveyors and legal counsel as required; sources of financial assistance; and a plan for proceeding with the acquisition. Upon approval by the Commission, it shall secure the required services. It shall prepare applications for financial assistance under the Self-Help Program and appropriate Federal Programs, and submit these to the Commission. It shall accomplish other land activities as approved. by the Commission. C. Information and Education Committee This committee shall be responsible for the conduct of a public information and education program designed to further the purposes of - the Commission. It shall seek to coordinate the activities of unofficial bodies organized for similar purposes as set forth in G.L. , Ch. 40, Sec. 8C. Activities of this committee may include: 1. Liaison with School Administration to encourage inclusion of conservation programs within the educational program, provision of education as materials to the schools or libraries, development of selected school sites for conservation education, and presentations on Commission activities. Agawam Conservation Commission - By-laws Page 4 2. Contact with the news media to encourage con- tinuing public education in conservation matters and concerns. 3. Assistance to unofficial bodies, such as land trusts or recycling organizations, in the development of cooperative programs. . D. Land Management Committee This committee will be responsible for the preparation of plans for the use of lands under the administrative control of the Commission. It will prepare regulations governing the use of lands under Commission control for adoption by the Commission. It will assure that allowable uses for all legitimate interests of the citizens are considered in plans and facilities of the community. It shall, with the approval of the Commission, coordinate the construction, installation and maintenance of signs, vehicular access ways and controls of same, bridges, dams, wildlife habitat, and other facilities for improving the a.VAilability, use and enjoyment of conservation areas by the public. It shall mark and maintain trails, boundaries, and access points to- such areas, and develop and publish maps and guides to all conservation areas as directed by the Commission. It shall provide supervision over all conservation areas, either by commission members, consultants, Parks and Rec- reation Department employees, or paid employees of the Commission as required. E. Pollution Control Committee This committee shall be responsible for gathering and collating information and data on all forms of pollution within the community and shall keep appropriate records of pollution levels. It shall coordinate its activities with other community agencies and unofficial groups concerned with pollution and lend such assistance to such groups as may be available. It shall cooperate with the Information and Education Committee so that students and the general public will be made aware of the pollution problems in the community and what actions they may undertake to minimize the problems. VII. MEETINGS The Commission shall hold no less than one meeting each month, except when a quorum, as defined in Article VIII, is not present. Robert's Rules of Order shall govern meeting procedure, when not in conflict with .statutes or these by-laws. Notices of meetings will be given by the Clerk as specified in Article III C. Meetings, and notices thereof, shall comply with the provisions of G.L. , Ch. 39, Sec. 23 A-C. Agawam Conservation -Commission - By-laws Page 5 f . VIII. QUORUM A majority of the members of the Commission shall constitute a quorum. A majority of those present and voting, if 'a quorum is present, shall be sufficient to conduct the busi- ness of the Commission unless otherwise specified by statute. IX. APPOINTMENTS AND VACANCIES Original appointments to the Commission are made in accord- ance with G.L. Ch. 40, Sec. 8C, and by the Appointing Authority stated therein. A vacancy in the membership caused other than by expiration of a term of office shall be filled as specified in G.L. , Ch. 40, Sec. 8C. X. HEARINGS When the Commission is required by law to conduct a public hearing, a quorum of the members must be present, unless the presence of a quorum is waived by the petitioner. The Commission is required to conduct a public hearing on any properly executed Notice of Intent filed under the provisions of the Wetlands Protection Act, G.L. , Ch. 131, Sec. 40. The hearing must be held within twenty-one days of receipt of such notice, and at least a majority of the Commission must be in attendance, unless the presence of a quorum is waived by the petitioner. A majority of the Commission must sign the Order of Conditions issued. A record of the hearing shall be kept which shall include a record of attendance, speakers, the context of testimony given (testimony may be sworn if desired) , and a record of any votes taken. Minutes of the meeting and the Notice of Intent shall become a part of the record of the hearing. &I. AMENDMENTS These by-laws may be amended at any regular meeting of the Commission by two-thirds vote of the total Commission, provided written notice of intent to amend is sent to each member of the Commission at least seven (7) days prior to the meeting at which the proposed action is to be taken. Amended: October, 1977. 1 1 . .Emb- FACTS FOR PLANNING AND RESOURCE DEVELOPMENT IN MPDEN HA CCUNTY MASSAC H USETTS by N. Eugene Engel Department of Agricultural and Food Economics University of Massachusetts Publication No. 44 ,/ MAY 1970 Planning and Resource Development Extension Program Cooperative Extension Service University of Massachusetts Cooperating with . United States Department of Agriculture Issued by the Cooperative Extension Service, A. A. Spielman, Director, in furtherance of the Acts of May 8 and June 30, 1914; University of Massachusetts, United States Department of Agriculture and County Ex- tension Services cooperating. COOPERATIVE EXTENSION SERVICE UNIVERSITY OF MASSACHUSETTS Amherst, Massachusetts 01002 Date /L �9T a Dear Friend: The Cooperative Extension Service of the University of Massachusetts is pleased to send you this information. This statewide University serv- ice is supported by federal, state, and county funds. Our 12 county offices and 2 field offices in Massachusetts provide both youth and adults of the state with University-based educational services and research information. Our office locations are shown on the opposite side. Please call or visit whenever we can be of service. Sincerely yours, University of Massachusetts, U. S. Department of Agriculture and Massachusetts counties cooperating. LOCATION OF COOPERATIVE EXTENSION OFFICES IN MASSACHUSETTS State Office Administration and State Specialist Staff University of Massachusetts — Amherst, Mass. 01002 BARNSTABLE COUNTY Barnstable, Deeds & Probate Bldg. 02630 BERKSHIRE COUNTY Pittsfield,46 Summer Street 01201 BRISTOL COUNTY Segreganset, Center Street 02773 DUKES COUNTY Vineyard Haven 02568 ESS£X COUNTY Hathorne, 562 Maple Street 01937 FRANKLIN COUNTY Greenfield, Court House 01301 HAMPDEN COUNTY W. Springfield, 1499 Memorial Avenue 01089 HAMPSHIRE COUNTY Northampton,15 Gothic Street 01060 MIDDLESEX COUNTY Concord, 19 Everett Street 01742 NORFOLK COUNTY Walpole, 460 Main Street 02081 PLYMOUTH COUNTY Hanson, High Street 02341 WORCESTER COUNTY Worcester,36 Harvard Street 01608. , FIELD OFFICES Cranberry Station, East Wareham 02538 Waltham Field Station, Waltham 02154 FACTS FOR PLANNING AND RESOURCE DEVELOPMENT IN Hampden County, Massachusetts N. Eugene Engel Department of Agricultural and Food Economics University of Massachusetts Summary Growth in community resource development efforts by public and private groups throughout Massachusetts and Hampden County have been rapid. The .extent and complexity of development efforts at local, county, regional, and State levels are increasing. Planning for re- source use and management requires . accurate descriptive information and data on related trends.. This publication provides facts and statistics- related to farm production in Hampden County, Massachu- setts . The 1965 .county' population of 435,000 was primarily urban. -This urban population lives, works and shops on the .32,700 acres of the county classed as urban land. Uses of other land in the county include forests, 272,000; open land, 81,000; and wetland, 15,000 acres. In 1964, there were over 23,250 acres of cropland in the county, a decline of some 51 per cent from the 1950 figure of 47,170 acres. Farmland and buildings were valued at $38,594 per farm and $340 per acre in 1964. The number of commercial farms declined from 907 in 1950 to 376 in 1964. The number of -farms with gross sales of $10,000 or more de- creased from 219 in 1950 to 192 in 1964. -2- Crops other than fruits and vegetables, primarily tobacco, provided the largest percentage of gross farm income in 1964, with $6,085,000; dairy products was second with $1,797,800 followed by poultry and poultry ` products at $t,384,829. Comparable figures in 1950 were other crops - $5,291,000, dairy - $1,898,516 and poultry - $2,024,919. The value of all products 'sold by farmers increased' 12 per cent from $11,131,000 in 1950 to $12,443,000 in 1964. The two major farm expenses in 1964 were for hired labor - $3,361,000 and poultry and livestock feed - $1,322,000. In 1950 the labor expense was .lower at $2 ,516,000 and the feed cost higher at $2,591,000. .Acreage harvested of hay and grass silage has been reduced from 16,500 acres in 1950 to 9,600 in 1964, a change of 42 per cent. Total production in tons changed from 26,000 in 1950 to 12,700 in 1964, a de- crease •of 51 per cent. Horticultural specialties and forest products , principally green- house and nursery products increased in value sold from $737,900 in 1950 to $1,339,1000 in .1959 but declined to $1,187,000 in 1964. Vegetable acreage changed very little from 2,839 acres in 1949 to 2,800 acres in 1966. The value of vegetables sold increased from $416,800 in 1949 to $939,000 in 1964. • Apple production decreased from 211,000 bushels in 1950 to 177,000 bushels in 1964. Other county data not mentioned in this summary are presented in ' tables and illustrations included in this publication. TABLE OF CONTENTS I. ' Resources of Hampden County, Massachusetts Page Population trends and characteristics 4 Average climatic conditions 4 Suitability of land for agriculture 5 Use of land on farms 6 Value of farmland apd buildings 7 Number of farms 8 Number of. farms .by type of farm 9 Number of farms by economic class 10 Number of farms by total acres per farm 11 Facilities and equipment on farms 1.2 II. Farm Production in Hampden County, Massachusetts Value of products sold by farmers 13 Number of milk cows , by size of herd 14 Number of herds of milk cows , by size of herd 14 Whole milk and cream •sold 15 Poultry and poultry products 15 Hogs 16 Sheep and lambs 16 Hay and grass silage 17 Corn 18 Potatoes 18 Vegetables grown for sale 19 Small fruit 20 Tobacco 20 Tree fruit 21 Floricultural products 22 Nursery products 22 Forest products 23 III. Related Information Selected farm expenses 24 Commercial fertilizer use 24 Soil conservation results 25 Farm labor force 26 Off-farm work and other income 26 Sources of additional information 27 -4- --POPULATION TRENDS AND CHARACTERISTICS Hampden County, Massachusetts, 1945-1965 1945 1950 1955 1960 1965 Total population 351,757 367,971 389,237 429,353 435,281 Percent change from previous census +5.9 +4.6 +5.8 +10.3 +1.4 Persons per square mile �565 591 .625 .. '691' . 699' Nature of population Percent urban 86'.8 87.0 Percent farce 1.3 0.5 Percent rural non-farm 11.9 12-.5 - Source: U.S. Censusof Population AVERAGE CLIMATIC CONDITIONS AT SELECTED WEATHER STATIONS Hampden County, Massachusetts Springfield Westfield Chester Temperatures: January, of 27.3 `27.8 --- July, of 73.2 72.2 --- Killing frosts: Last in Spring Apr. 27 Apr.. 30 --- First in Fall Oct. 15 Oct. 13 --- Length of growing season, days 171, • 166 --- Annual precipitation, inches 41.27 4.7.69 44.50 Source: 1941 Yearbook of Agriculture, Climate and Man, U.S.D.A. -5- SUITABILITY OF LAND FOR AGRICULTURE Hampden County, Massachusetts, 1941 Land Suitability Classes Square Miles Percent Good 150.6 24.2 hied kim 150.6 24.2 Poor 262.7 42.2 Urban land ana water 58.5 9.4 Total area of county 622.5 100.0 Source: • Rozman, David, "Interrelationship of Land Uses in Rural Massa- chusetts," University of' Massachusetts, Agricultural Experiment Station Bulletin, No. 387, December 1941, p. 4; and 'Hampden County Monograph of the Massachusetts Department of Commerce SUITABILITY OF LAND FOR AGRICULTURE Hampden County, Massachusetts Medium 24.2% Good 24.2% Water and Urban 9.4% Poor 42.2% -6- USE OF LAND ON FARMS Hampden County, Massachusetts, 1950-1964 Use 'of Land (acres) 1950 1954 1959" 64 Percent Change . . 19 1459-1964 - - - - - - - acres - - - - - - - - Total' cropland a/ 47,173 40,094 34,120 23,253 -31.8 Cropland harvested 27,111 24,636 20,754 16,894 -18..6. Total pasture 39,701 32,204 19,880 16,357 -17.7> Total woodland 60,408 61,911 45,094 33,950 -24.7 Pastured 17,933 14,926 7,882 7,334 - 7.0 Not pastured 42,475 46,985 37,212 26,616 -28.5' irrigated land 1 ,571 1,327 2,304 2,473 + 7.3 Other land b/ 8,816 6, 106 7,693 ` 4,586- -40.4 Total land in farms c/ 127,073 116,432 91,041 67,060 -26.3 a/ Figures from year to year are only roughly comparable because of slight changes in the definition of each type of land use b/ Includes farmsteads, roads, wasteland, etc. c/ Not the column total because of some overlapping of land use categories Source: U.S. Census of Agriculture USE OF LAND ON FARMS Hampden County, Massachusetts, 1964 Total Cropland ropland not Harvested 34.7% and not Pastured 3.9% (2610. A) Cropland Cropland Harveste Pastured 5.6% 25.2% (3749A) , Other Land 6.8 Other Total 4586 Pasture 7. '/e Pasture {5274 A� 24.4% Woodland Woodland Pastured not Pastured 10.9% Total 39.7% Woodland 50.6 -7- AVERAGE VALUE OF FARMLAND AND BUILDINGS PER FARM AND PER ACRE AND PERCENT CHANGE, 1959-1964 Hampden County, Massachusetts, 1945-1964 Average Value Average Value Year per Farm per Acre - - - - - - - - dollars - - - - - - - - ` 1945 5,955 104.62 1950 13,771 167.76 1954 14,976 185.49 1959 26,315 255.51 1964 38,594 339.96 Percent change, 1959-1964 +47 +33.1 Source: U. S. Census of Agriculture VALUE PER FARM AND VALUE PER ACRE FARMLAND AND BUILDINGS Hampden County, Massachusetts, 1945-1964 1x.,11ars per Farm Dollars per Acre . '+0,000 400 33,000 •.••�• 300 20,000 Value per Acre .••• 200 (right sca�gL,.••'` 10,000 •''•• Value per Farm 100 (left scale) 0 0 .1945 1950 1954 1959 1964 _8_ NUMBER OF FARMS, LAND IN FARMS, AVERAGE ACRES PER FARM AND PERCENT CHANGE, 1959-1964 Hampden County, Massachusetts, 1945-1964 Number Total Land Average Acres Year of Farms in Farms 2er Farm acres • 1945 3,442 195,936 56.9 1950 1 ,642 127,073 7-7.4 1954 1 ,412 116,432 82.5 1959 857 91 ,041 106.2 196i+ 580 67 ,060 115.6 Percent change, 1959-1964 -32 -26 +9 Source: U.S. Census of Agriculture NUMBER OF FARMS AND AVERAGE SIZE OF FARMS Hampden County, Massachusetts, 1945-1.964- Number of Farms Average Acres per Farm 4000 120 100 3000 '• ��.................� 8 0 Average Size of Farm •' (right scale) 2000 60 • Number of Farms (left scale) _ 40 1000 20 n 0 1945 1950 1954 1959 1964 -9- NUMBER OF FARMS BY TYPE OF FARM, AND PERCENT CHANGE, 1959-1964 Hampden County, Massachusetts, 1950-1964 Type of Farm a/ 1950 1954 1959 1964 Percent Change 1959-1964 Dairy 308 280 221 131 - 41 Poultry 257 166 124 45 - 64 Livestock, other than dairy and poultry 63 21 31 27 - 13 Vegetables 83 70 20 40 +100 Fruit 29 30 45 37 - 18 Field Crops 100 122 44 15 - 66 General 28 35 20 18 - 10 Miscellaneous 774 681 403 267 - 34 Toral 1642 1405 908 580 - 36 a/ Farms of each type obtained 50 percent or more of their gross farm income from the indicated product or group of products Source: U.S. Census of Agriculture TYPES OF FARMS Hampden County Massachusetts, 1964 Miscellaneous 46% General 3.1% Dairy 22.6% Vegetables 6.9% Livestock 4.7% Field Crops 2.6% Fruit 6.4% Poultry 7. 7% -10- NUMBER OF FARMS BY ECONOMIC CLASS Hampden County, Massachusetts, 1950-1964 Economic Class 1950 1954 1959 1964 Percent Change 1959-1964 Commercial farms a/ $10,000 or more 219 205 257 192 -25 5,000 - 9,999 266 140 151 90 -40 2,500 - 4,999 174 -200 135 55 -59 Below 2,500 248 225 55 39 -29 Part-time farms 284 150 230 138 -40 Residential farms 451 480 80 c/ 64 c/ -30 Other farms b/ --- 5 --- 2 --- a/ Divided into groups on the basis of gross sales per farm b/ Includes institutional farms, experiment stations, etc. c/ Part retirement farms Source: U.S. Census of Agriculture NUMBER OF FARMS BY ECONOMIC CLASS Hampden County, Massachusetts, 1964 Commercial Farms (dollars) 10,000 or more 5,000 - 9,999 2,500 - 4,999 Below 2,500 Part-time Farms Part Retirement Farms Other Farms 0 50 100 150 200 Number of Farms -11- NUMBER OF FARMS BY TOTAL ACRES PER FARM, AND PERCENT CHANGE, 1959-1964 Hampden County, Massachusetts, 1950-1964 Total Acres Percent Change per Farm1950 1954 1959 1964 1959-1964 Under 10 354 316 143 76 -47 • 10-49 354 434 233 154 -34 50-69 349 104 82 46 -44 70-99 194 149 99 66 -33 100-139 135 143 93 82 -12 140-179 162 96 57 41 -28 180-219 170 46 39 24 -38 220-259 96 35 28 22 -21 260-499 81 74 64 54 -16 500-999 13 14 16 15 - 6 1000 and over 2 1 3 --- -100 Total 1910 1412 857 580 -32 Source: U.S. Census of Agriculture N11C,111ER OF FARMS BY TOTAL ACREAGE Hampden County, Massachusetts, 1964 Acres 1.000 and over. 500-999 260-499 2 20-25 9 180-219 140-179 100-139 70-99 50-69 10-49 Under 10 0 50 100 150 200 Number of Farms NUMBER-OF FARMS AND PERCENT OF FARMS IN 1964 REPORTING SPECIFIED FACILITIES AND EQUIPMENT Hampden County, Massachusetts, 1950-1964 1950 1954' 1959 1964 Percent of All Farms - - - - - - - - - - farms - - - - - - - Telephone 1,289 1,289 858 529 91.2 Electricity . 1,587 1,389 --- --- --- Television --- 904 -- 525 90.5 Piped, running water --- 1,329 --- --- --- Home freezer 379 668 493 379 65.3 Electric pig brooder --- 0 --- --- --- Power feed grinder --- 5 --- --- Milking machine 297 . 300 264 138 23,8 Grain combine 10 10, 6 12 2.1 Corn picker 0 0 11 --- --- Hay baler 68 121 174 150 25.9 Forage harvester --- 50 94 70 12.1 Artificial ponds, reservoirs , and earth tanks --- 148 --- --- --- Motor trucks 807 665 597 438 75.5 Wheel tractors other than garden 775 - 695 612 458 79.0 Automobiles 1,•285 - 1,100 752 493 85.0 Milk cooler --- --- 275 --- --- Crop drier --- --- 5 14 2.4 Elevator, etc. --- --- 188 --- --- Source: U.S. Census of Agriculture -13- VALUE OF PRODUCTS SOLD BY FARMERS Hampden County, Massachusetts, 1950-1964 Product L950 .,1954 1959 1964 - - - - - - - - - - dollars - - - - - - - - - , Vegetables 416,803 416,776 530,389 939,071 Fruit 317, 127 - •539,586 733,691 702,718 Horticultural specialties and forest products 737,947 971 ,876 1 ,339,145 1 ,187;217- Other crops a/ . . 5,291 ,326 3,216,932 4,013,091 6,085,199 Dairy products 1 ,898,516 1 ,815 ,874 2,302,240 1,7974880 Poultry and poultry products 2,024,919 3,940,678 1,498,754 1 ,384,829 Other livestock _ 444,274 303,545 483,398 _346, 140 'total .11, 130,912 11,205, 267 10,900,708' ' 12,443,054 a/ Primarily tobacco Source: U. S. Census of Agriculture VALUE OF PRODUCTS SOLD BY FARMERS Hampden County, Massachusetts, .1964 , Horticultural Specialties and Forest Products 9.5% Poultry Dairy 14.4% Fruit 5.6' egetables 7.5% Other Livestock 2 .8% Other Crops 49.1% -14- NUMBER OF MILK COWS, BY SIZE OF HERD Hampden County, Massachusetts, •1950-1964 Cows per herd 1950' '1954 1959 1964 1 - 9 388 181 10 - 19 896 490 20 - 29 1,368 1,056 30 -- 49 1,404 1,287 50 or more 457 780 Total 6,379 6,313 4,513 3,794 Source: U. S. Census of Agriculture - totals; remainder interpolated from herd data. NUMBER OF HERDS OF MILK COWS, BY SIZE OF -HERD Hampden County, Massachusetts, 1950=1964 Cows per herd 1950. 1954 1959 1964 1 - 9 145 70 10 - 19 64 35 20 29 57 44 ' 30 - 49 36 33 50 or more 8 13 Total 854 654 310 ' 195 Source: U. S. Census of Agriculture WHOLE MILK AND CREAM .SOLD: FARMS REPORTING, AMOUNT SOLD, AND VALUE Hampden County, Massachusetts, - 1950-1964 1950 1954 1959 1964 Farms reporting a/ 392 307 254 142 Amount sold, pounds b/ 33,713,980 36,214,453 42,446,099 30,827,283 Value, dollars 1,895,047 1,815,874 2,302,240 1,797,880 a/ Farms selling whole milk b/ Whole milk equivalent Source: U.S. Census of Agriculture POULTRY AND POULTRY PRODUCTS: CHICKENS ON HAND, FARMS REPORTING, AMOUNT SOLD, AND VALUE Hampden County, Massachusetts, 1950-1964 1950 1954 1959 1964 Chickens on hand, 4 months. old and over: Farms reporting 890 590 262 109 Number 190,313 244,027 1'60,900 126,771 Poultry and poultry products (including eggs) sold; Farms reporting 543 388 186 113 Value, dollars 2,024,919 3,940,678 1,498,754 1,384,829 Chicken eggs sold: Farms reporting 509 300 159 101 Quantity, dozens 1,829,266 2,294,695 1,885,249 2,076,125 Other poultry and eggs sold: Farms reporting "61 59 23 13 Value, dollars 281,963 230,090 202,936 217,470 Source: U.S. Census of Agriculture -16- HOGS: FARMS REPORTING, NUMBER ON HAND, VALUE AND .NUMBER SOLD Hampden'County, Massachusetts, 1950-1964 1950 1954 1959 1964 All hogs and pigs on hand: Farms reporting 230 151 80 - 37 Number 4,361 3,090 3,268 2,670 Hogs sold: Farms reporting .122 50 51 27 Number 3,455 1,976 4,861 2,631 Value, dollars 107,757 67,802 155,552 77,145 Source: U.S. Census of Agriculture SHEEP AND LAMBS: .FARMS REPORTING, NUMBER AND VALUE Hampden County, Massachusetts, 1950-1964 1950 - 1954 1959 1964 Sheep and lambs on farms: Farms reporting 37 76 48 35 Number 500 770 523 639 Sheep and lambs shorn: Farms reporting 27 43 39 29 Number shorn 333 529 350 585 Wool shorn, pounds 1,995 3,678 2,788 4,255 Sheep and lambs sold alive: Farms reporting 23 27- 35 27 Number sold 195 456 230 319 Value, dollars 2,761 5,319 2,760 5,004 Source: U.S. Census of Agriculture -17- HAY AND GRASS SILAGE, ,ACREAGE, . AMOUNT CUT AND YIELD PER ACRE Hampden County, Massachusetts, 1950-1964 1950 1954 1959 1964 Total acres harvested 16,512 15,806 12,017 9, 616 Total production, tons a/ 26,049 27,966 19,688 12,749' Alfalfa cut: Farms reporting 135 205 102 91 " . Acres 1,077 2,566 1,412 1,803 Amount cut, tons 2,146 6,382 2,920 2,713 Yield per acre, tons 1.99 2.48 2.07 1.50 Clover, timothy, mixtures cut: Farms reporting 767 601 372 232 Acres 11,184 9,637 8,390 6,298 Amount cut, tons 18,336 16,428 13,766 8,379 Yield per acre, tons 1.63 1.70 1.64 1.33 Small grains cut for hay: Farms reporting . 62 69 37 18 Acres 421 401 242; 175 Amount cut, tons 547 665 330 281 Yield per acre, tons 1.29 1.65 1.36 1.61 Other hay cut: Farms reporting 309 217 98 68 Acres 3,601 2,490 1,556 1,055 Amount cut, tons 4,669 3,224 1, 792 899 Yield per acre, tons 1.30 1.29 1.15 0.85 Grass silage: Farms reporting 23 47 31 25- Acres 229 712 417 285 Amount cut, green tons 1,053 3,801 2,640 1,430 Yield per acre, green tons 4.59 5.33 6.33 5.02 a/ Hay equivalent Source: U.S. Census of Agriculture -18- CORN: ACREAGE, ,FARMS REPORTING, AMOUNT HARVESTED AND YIELD PER ACRE Hampden County, Massachusetts; 1950-1964 1950 1954 1959 1964 Corn for all purposes: a/ Farms reporting 388 265 160' 121 Acres 2,286 1,921 1,674 1 ,646 Corn harvested for grain: Farms reporting 185 91 43 18 Acres 653 352 213 135 Amount harvested, bushels 29,515 18,491 15,231 8,204 Yield per acre, bushels 45.2 52.5 71.5 60.8 Corn cut for silage and fodder: Farms reporting b/ 203 166 119 96 Acres 1,633 1,569 1,401 1 ,490 Amount harvested, tons, green weight b/ 14,192 14,540 .16,302 15,937 Yield per acre, tons, green weight b/ 9.4 9.6 11.6 11.3 Grain corn sold: Farms reporting 11 20 7 7 Bushels 2,516 6,431 2,256 721 a/ Excludes sweet corn b/ Corn for silage only Source: U.S. Census of Agriculture POTATOES: ACREAGE HARVESTED AND PRODUCTION Hampden County, Massachusetts, 1950-1964 1950 1954 1959 1964 Acres harvested 1,175 684 641 532 Cwt. produced 206,648 142,052 140,339 94,415 Source: U.S. Census of Agriculture -19- VEGETABLES GROWN PRIMARILY FOR SALE: HARVESTED ACREAGE Hampden County, Massachusetts, 1949, 1954, 1959 and 1966 Vegetables 1949 1954 1959 1966 Asparagus 100 70 50 25 Beans, snap, lima and shell 190 140 165 125 ' Beets, all 45 25 20 15 Broccoli 20 10 10 15 Cabbage, all 200 140 140 190 Carrots, all 110 110 125 115 Cauliflower, all 80 80 165 160 Celery, all 45 55 45 40 Chicory 5 --- 5 15 Cucumbers, pickling and market 85 10 50 70 Egg plant 15 10 10 5 Escarole, endive a 10 5 10 10 Kale 1 5 5 5 Lettuce, all 120 110 75 110 Onions 15 15 5 10 Parsley 2 5 5 5 Parsnips 25 35 35 55 Peas 30 20 20 20 Peppers 80 65 110 75 Pumpkins 15 20 35 50 Radishes 35 40 40 35 Rhubarb 10 .15 15 15 Scallions 5 10 15 10 Squash, all 200 155 130 190 Spinach, all 90 100 80 20 Sweet corn 1050 ' 1100 1300 1200 Swiss chard 1 5 5 5 Tomatoes, all 180 140 160• 135 Turnips 55 .35 25 35 All other vegetables a./ 20 50 40 40 Total 2839 2625 2895 2800 a/ Does not include potatoes Source: Report on Massachusetts Vegetable Crops, New England Crop Report- ing Service, U.S. Department of Agriculture, April 1962 and April 1968 -20- SMALL FRUIT: FARMS REPORTING, ACREAGE AND QUANTITY HARVESTED Hampden County, Massachusetts, 1945-1964 1945 1950 1954. 1959 1964 Strawberries: Farms reporting 69 129 69 45 37 Acres a/ 60 80 46 57 50 quantity harvested, quarts 36,843 114,649 72,374 55,232 138,876 Raspberries (tame) : Farms reporting 74 33 37 27 14 Acres 32 14 11 7 4 Quantity harvested, quarts 11,905 7,338 7,279 5,001 4,287 Blueberries (tame or wild) : Farms reporting 33 8 51 60 36 Acres 201 6 1,030 675 389 Quantity harvested, quarts 13,160 1,610 288,279 3713461 247,666 a/ The New England Crop Reporting Service, Boston, reported 60 acres of strawberries in 1954 Source: U.S. Census of Agriculture TOBACCO: FARMS REPORTING, ACREAGE, QUANTITY HARVESTED AND YIELD PER ACRE Hampden County, Massachusetts, 1945-1964 1945 1950 1954 1959 1964 Farms reporting 78 --- --- 145 11 Acreage 1,147 2,077 1,636 a/ 1,555 1,305 Quantity harvested, pounds 1,559,369 2,877,788 -2,330,805 2,201,860 2,216,285 Yield per acre, pounds 1,011 1,386 - 1,425 1,416 1,698 a/ 802 acres of shade tobacco and 834 acres of outdoor tobacco Source: U.S. Census of Agriculture -21- TREE FRUIT: FARMS REPORTING, ACREAGE, NUMBER OF TREES AND QUANTITY HARVESTED Hampden- County, Massachusetts, 1950-1964 1950 1954 1959 1964 Acreage in tree fruits 2,077 1,609 1,294 1,045 Apples: Farms reporting 603 248 153 83 Trees of all ages 52,525 48,412 33,240 32,428 Non-bearing 10,160 12,359 4,110 3,631 Bearing 42,365 36,053 292130 28,797 Quantity harvested, bushels 210,377 149,668 265,060 177,303 Peaches: Farms reporting 213 109 62 38 Trees of all ages 8, 125 14,547 4,677 5,507 Non-bearing 3,600 3,140 718 1,054 Bearing 4,525 11,407 3,959 4,453 Quantity harvested, bushels 4,793 11,670 8,851 7,121 Pears: Farms reporting 291 104 67 37 Trees of all ages 1,709 1,327 1,118 1,402 Non-bearing 543 733 275 370 Bearing 1,166 594 843 1,032 Quantity harvested, bushels 814 192 1,218 1,716 Cherries: Farms reporting 119 52 32 13 Trees of all ages 314 119 69 61 Non-bearing 153 26 27 39 Bearing 161 93 42 22 Quantity harvested, pounds 689 437 197 319 Plums and prunes: Farms reporting 128 28 28 17 Trees of all ages 465 352 333 450 Non-bearing 133 248 48 20 Bearing 332 104 285 430 Quantity harvested, bushels . 105- 36 114 330 Grapes: Farms reporting 188 28 21 16 Vines of all ages- 4,270 2,384 349 411 Non-bearing 611 106 66 16 Bearing 3,659 2,278 283 395 Quantity harvested, pounds 21,488 183 1,900 5,108 Source: U.S. Census of Agriculture -22- FLORICULTURAL PRODUCTS: FARMS REPORTING, ACREAGE AND VALUE OF PRODUCTS SOLD Hampden County, Massachusetts, 1950-1964 1950 1954 1959 1964 a Products grown under glass: Farms reporting 66 58 65 .40 Square feet 311,442 343,868 447,700 309,448 Products grown in open: Farms reporting 40 31 40 22 Acres 45 125 71 33 Value of products sold: Farms reporting 76 67 79 48 Sales, dollars 375,769 577-,903 738;241 627,026 Source: U.S, Census of Agriculture NURSERY PRODUCTS: NUMBER OF OPERATORS, ACREAGE AND VALUE OF PRODUCTS SOLD Hampden County, Massachusetts, 1950-1964 1950 1954 1959 1964 Number of operators 25 25 38 40 Acres 124 154 327 286 Value of products sold. dollars 297,732 333,643 498,103 4360674 Source: U.S. Census of Agriculture -23-. FOREST PRODUCTS: AMOUNT AND ESTIMATED VALUE WOODLAND AND OTHER LAND USE ACREAGES Hampden County, Massachusetts, 1967 Unit Amount Acres Forest- products cut Sawlogs, board feet 18,500,000 Veneer, board feet 20,000 Pulpwood, cords 100 Fuelwood, cords 700 Miscellaneous, cubic feet 3,000 Estimated value $372,700 Land Use Total Woodland 272,215 State forests, acres 10,785 State parks, acres 1,432 State reservations, acres 1 ,800 Town conservation commission land, acres 718 6 -Town forests, acres 9,434 19 Tree farms, acres 8,401 Open land 81,385 Wetland 14,623 Urban land 32,727 _ Total land _ _400,950 Source: John H. Noyes, Extension Forester, University of Massachusetts; John H. Lambert, Chief Forester, Massachusetts Dept, of Natural Resources USE OF LAND, HAMPDEN COUNTY Open Land 20.3% Wetland 3. ° Woodland Urban Land 67.9'/° 8.2% -24- SELECTED FARM EXPENSES Hampden County, Massachusetts, 1950-1964 1950. 1954 1959 1964 - - - - - - - - - dollars - - - - - - - - - Machine hire 95,964 71,380 42,795 75,234 Hired labor 2,516,409 - 1,611,237 4,198,766 3,360,910 Feed for poultry and livestock 2,591,143 3,118,275 2,423,848 1,321,793 Gasoline, other petroleum fuels, and oil 279.,313 233,648 - . 375,023 414,366 Fertilizer, commercial --- 498,244 --- 498,188 Lime and liming material's --- 30,370 --- --- Seeds, bulbs; plants, trees --- --- 391,644 180,918 Total 5,482,829 5,563,154 7,432,076 5,851,409 Source: U.S. Census of Agriculture COMMERCIAL FERTILIZER USE, BY CROPS Hampden County, Massachusetts, 1954, . 1959 and 1964 1954 1959 1964 Acres Tans Acres Tons Acres Tons Hay and cropland pasture 5,510 934 8,300 1,645 3,973 958 Other pasture 600 152 780 140 602 147 Corn 1,940 570 1,560 531 1,305 467 Tobacco 1,.745 3,814 1,705 3,137 1,297 2,373 Fruit, vegetables and potatoes a/ 3,045 3,094 1,129 1,474 954 983 Other crops 182 67 _2_1025 1,100 4,198 1,196 Total 13,022 8,631 15,499 8,027 12,329 6,124 _a/ Potatoes only, 1959 on Source: U.S. Census of Agriculture -25- SOIL CONSERVATION RESULTS Hampden County, Massachusetts, June 30, 1964 Activity Unit Amount Soid conservation district cooperators number 688 . Land operated by cooperators acres 87,694 Conservation farm plans made number 620 . Land covered by plans' acres 69,457 . Standard soil survey completed acres 54,896 Soil conservation practices on the land (estimated) Brush and weed control acres . 100 Conservation cropping system acres 4,250 Contour farming acres 170 Cover and green manure crop acres 6,088 Critical area planting acres 500 Crop residue use acres 2,140 Cut-back border feet 290 Ditch bank seeding feet 5,340 Diversion feet 185,900 Dune stabilization acres 10 Farm ponds number 190 Firebreak feet 3,000 Fishpond stocking number 26 Grasses and legumes in rotation acres 300 Hedgerow planting feet 10,000' Irrigation system, sprinkler number 10 Irrigation water management acres 400 Land clearing acres 110 Drainage main or lateral feet 891,555 Obstruction removal acres 95 Pasture and hayland renovation acres 38 Pasture and hayland planting acres 3,601 Irrigation pit or regulating reservoir. number 26 Rotation grazing acres 210 Recreation access road feet 2,500 Recreation area pruning and thinning acres 104 - Spoil bank spreading feet' 13,130- Stream channel improvement feet 2,025 Striperopping, contour acres 894 Drainage, field ditch feet 1,100 Terrace, gradient feet 6,864 Tile drain feet 4,752 Tree planting acres 212 Woodland weeding acres 200 Source: U.S. Soil Conservation Service -26- FARM LABOR FORCE, WEEK PRECEDING ENUMERATION Hampden County, Massachusetts, 1954-1964 1954 1959 1964 Total number of family and/or hired workers 3,183 2_,377 1,699 Operators (working one or more hours) 1,240 751 483 Members of household (excluding operator) . (working 15 or, more hours) 705 479 330 Hired workers (working 150 or more days) 513 683 886 Seasonal workers 725 464 n.a. Source: U.S. Census of Agriculture OFF-FARM WORK AND OTHER INCOME OF FARM OPERATORS Hampden County, Massachusetts, 1950-1964 Number of Parm O erators Percent of All 1950 1954 1959 1964 ' Operators, 1964 All farm operators 1,910 1,412 857 580 Other family income exceeds value farm products sold 719 640 404 'n.a. Any work off farm 838 730 423 273 47 Working off farm 100 or more days 701 605 362 230 40 Source: U.S. Census of Agriculture -27- Sources of Additional Information 1. Department• of-Agricultural and -Food Economics , Draper Hall, University of Massachusetts, Amherst, Massachusetts .. 2. Department of Forestry, Holdsworth Hall, University of Mass- achusetts , Amherst, Massachusetts. 3. Massachusetts State Department of Agriculture, 100 Cambridge Street, Boston, Massachusetts, 02202. 4. -.Massachusetts .Department of Commerce and Development, Division of Economic Development, State Office Building, Boston, Mass- achusetts , 02202. 5. Statistical Reporting Service, United States Department of Agriculture, 1305 Post Office Building, Boston, Massachusetts, 02109. 6. The Soil Conservation Service, 29 Cottage Street, Ainherst, Massachusetts. 7. Agricultural Stabilization and Conservation Service, 29 Cottage Street, Amherst, Massachusetts . 8. Hampden County Improvement League, 1499 Memorial Avenue, West Springfield, Massachusetts , 01089. TOWN OF AGAWAM INTER - OFFICE MEMORANDUM FROM: John P. Stone, Dir. D.P.W. DATE: May 10, 1978 TO: Councilor Paul Fieldstad, Chairman SUBJECT: Conservation Commission Budget Sub-Committee We have reviewed the salary requirements in the Conservation Commission budget given the new secretarial employee and guidelines. We estimate that a sum of $1100 should be adequate to provide overtime pay for attendance at Conservation Commission and Planning Board Meetings. The Planning Board will pay for the secretary's regular 35 hours work week while the Conservation Commission would be responsible for any meeting overtime as the secretary works for both groups. 01 ohn P. Stone, Dir. D.P.W. CC: David Gallano Peter Caputo Sub-Committee Members a TOWN OF AGAWAM INTER -OFFICE MEMORANDUM FROM: John P. i'XnL;9 Dir. }]o%.* DATE: 1_• ., 1p: 1 c)78 T O: CGa:=ccailor PLol+�Aclot z,tt 33, SUBJECT: Cc? ;Cr"�r�^i,x�+ra co=dsuion t7b .ay;, mviot:.;d '4;va ual=7 rc m11--mr-ato i. ;ho Ca.;1. trot Q Ccirazdu; ca Gi5r,n tho n,� c:c��: a�1�2 c�-;1p,�c:� ^r: O'a�idPlt'flcz;. okould bi adcou'uto '.o Provide overL4Z3 PSI �or :gp2�2t3p���M—n—rnd �%�ot 7Tp(��iyV`U'�� �:1�::0�j'91 �5/i ^3�.�Y�Pp3.�'/C�:yyLr'�(!} �j} /f�0♦8' yiyr� ♦ o.C yG"Wp�f;'� i c,-u-1�t 35 iiou IIL TVySO: u—_31r. vkill" V- �V�+��q o }V�.��/ion yC :—iy�� i tl t- -:l.�a �V 8`...JL•��/..���w:.ti/.�J t.Vx�l:o for both CmalpS Q Ix 1�� �� i:•'� V..�i/IVW� V� � ��vW/"//V/12�/L.UJL �/ LLGIf� RY �Zrvoxell Jslla�w� L�. �ar�wxrnr�nl foenr�K !:? c �00 4�ann si e .fi t, ,Aaalan Woe July 31, 1979 Dear Town Clerk: Please find enclosed four copies of the Department of Environmental Management's notice of public hearing to consider the adoption of regulations, and four copies of the proposed regulations. This public hearing is being held to receive comments on the Department's proposal to adopt regulations which will establish administrative procedures to implement the Inland Wetlands Restriction Statute, M.G.L. c. 131, s. 40A. Please distribute, for review and comment, a copy of the notice of public hearing and a copy of the proposed regulations, to each of the following municipal offices: 1) Mayor or Board of Selectmen; 2) Planning Board; 3) Conservation Commission. In addition, please post a copy of the notice of public hearing and a copy of the proposed regulations in an appropriate location in your city or town hall. Thank you. Sincerely, Arnold L. Lum General Counsel Telephone: ,727-3159 Enclosure ALL/j b �e�rz��ineic� C�iaa�r�o2 a emewl Yme.-ell Jll aslalA6l�/l 2beeve11".e RICHARD E. KENDALL y COMMISSIONER 70D pamX,*e YZAve! �Wa, 02,9.0 2 NOTICE OF PUBLIC HEARING The Department of Environmental Management hereby gives notice that a public hearing will be held on Monday, September 10, 1979, between the hours of 2 :00 and 4:00 P.M. , in room 2105 of the Saltonstall Office Building, 100 Cambridge St. , Boston, Massachusetts. The public hearing is being held by the Department of Environmental Management concerning the adoption of regulations pursuant to the authority granted by Chapter 21A, section 2 of the Massachusetts General Laws. These regulations are being adopted in order to carry out the provisions of Chapter 131, section 40A of the Massachusetts General Laws, the Inland Wetlands Restriction Act (hereinafter "the-Act") . E:cf) © The regulations will define the statutory terms found in the Act and will set forth the procedural means by which the Department of 3c.e- Environmental Management will adopt Orders restricting specified w !n activities and uses within certain inland wetlands and flood plain areas —'' of the Commonwealth. _. 4 Copies of the proposed regulations may be obtained during business m hours, £rom Arnold L. Lum, General Counsel, Department of Environmental Management, 19th floor, 100 Cambridge St. , Boston, Massachusetts 02202. The public hearing will be held under the provisions of Chapter 30A of the Massachusetts General Laws. Written testimony may be submitted to the Department of Environmental Management prior to the hearing. The hearing record will remain open until September 12, 1979 . Persons submitting testimony are requested to furnish written copies of their remarks. By order of the Department: lez- IA& Richard E. Kendall Commissioner 4 REK/ALL/jb PROPOSED REGULATIONS 302 CMR 5.00: RULES FOR ADOPTING INLAND WETLANDS ORDERS 5.01: Introduction (1) Authority. These regulations are issued by the Department of Environmental Management pursuant to the authority granted under M.G.L. c. 21A, s. 2 (28). (2) Purpose. These regulations are promulgated in order to: (a) define and explain the language of the Act, M.G.L. c. 131, s. 40A, and (b) establish the procedures under which the Department will exercise its responsibilities under the Act. It is the intent of the Department that these definitions and procedures are to be used to preserve and promote the public safety, private property, wildlife, fisheries, water resources, flood plain areas, and agriculture. It is further intended that these goals shall be accomplished through the adoption of Orders imposing restrictions on the inland wetlands and flood plain areas of the Commonwealth. The Orders shall regulate, restrict, or prohibit certain specified activities or uses, including dredging, filling, removing or 'otherwise altering or polluting inland wetlands and shall establish encroachment lines along waterways or flood-prone areas beyond which in the direction of the waterway or flood-prone area, no obstruction or encroachment shall be placed unless authorized by the Commissioner of the Department of Environmental Management. It is also the intent of the Department that, where inland wetlands and flood plains areas occur within the boundary of the Massachusetts coastal zone as defined in the Commonwealth's Coastal Zone Manage- -2- ment Program (hereinafter "CZM Program"), these regulations be consistent with and form a part of the CZM Program as it has been promulgated and defined in the regulations issued pursuant to M.G.L. c. 21A entitled "Establishment of the Coastal Zone Manage- ment Program by the Executive Office of Environmental Affairs" (hereinafter "CZM Regulations") . These regulations, however, are adopted independently under the Act and would remain in full force and effect in the absence of the CZM Program or the CZM Regulations. The interpretation.and application of these regulations to inland wetlands and flood plain areas within the boundary of the coastal zone shall be consistent with the policies of the CZM Program to the maximum extent permissible under the Act; except when to do so would require an act impermissible at law, or where the Secretary of Environmental Affairs, pursuant to the conflict resolution procedures of M.G.L. c. 21A, s. 4 and ss. 6.20 et seq, of the CZM Regulations and Program under c. 21A, has resolved any conflict and has determined that the CZM policies should or should not apply. (3) Coordination with the CZM Office and Local Governments: If inland wetlands and flood plain areas proposed for restriction occur within the Coastal Zone, as defined in Section 3.0 of the CZM Regulations, the Department, in accordance with Section .6.60 et seq of the CZM Regulations, shall notify the CZM Office at least 60 days beforehand of the adoption of any proposed Order and shall provide local government agencies with notice of the proposed Order at least 30 days prior to its adoption. (4) Restriction of Areas of Critical Environmental Concern. Whenever the Secretary notifies the Commissioner that he has accepted the nomination of an inland wetland or flood plain area -3- for designation as an Area of Critical Environmental Concern (hereinafter "ACEC") , the Commissioner shall, within thirty days of such acceptance, submit the following to the Secretary, and to the Director of the Coastal Zone Management Office if the nominated inland wetland or flood plain area lies within the coastal zone as defined in Section 3.0 of the CZM Regulations: (a) a narrative description of the current status of mapping activity and of any past or current wetlands restric- tions activity within the suggested boundaries of the nominated ACEC and within related contiguous upland areas; (b) a schedule for restricting the inland wetlands and flood plain areas in the nominated ACEC within fifteen months of the Secretary's designation of the ACEC. In carrying out the restriction of the inland wetlands and flood plain areas of an ACEC within fifteen months of its designation, the Department shall review the adequacy. and consistency of all previously.-recorded restrictions within the ACEC and shall, as necessary, amend or modify and rerecord such restrictions to ensure full compliance with the management goals of the Secretary's designation of the ACEC. If the Commissioner determines that the process of restricting all of the inland wetlands and flood plain areas in an ACEC cannot be completed within fifteen months of designation, the Commissioner may request that the Secretary grant a one-time extension of up to ninety days. -4- 5.02: Definitions: (1) Act means M.G.L. c. 131, s. 40A. (2) Altering means causing change, directly or indirectly within any inland wetland or flood plain area and includes, but is not limited to, one or more of the following actions: (a) changing pre-existing drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns and flood storage retention areas; (b) draining or otherwise disturbing surface or groundwater levels; (c) degrading water quality; (d) driving pilings or erecting buildings or structures of any kind; (e) placing any obstruction to water flow; (f) destroying plant life, including the cutting of trees; (g) discharging, releasing, or causing to be released, any contaminating materials, including sediments, from any source into a wetland whether by overland flow or through a new or existing pipe or other conduit; (h) causing adverse effects to wildlife, inland fisheries, or to their habitat; (i) lowering, polluting, or otherwise changing the level, quantity, or quality of ground water by doing any work in an inland wetland or flood plain area. (3) Amendment means any change in the allowed or prohibited activities or uses contained in any Order adopted under the Act; any addition to or deletion of, including any change in the -5- definition of, the types of inland wetlands defined in any Order; any addition to or deletion of any wetland or flood plain areas; any change in the location of any encroachment line which does not constitute a correction; or any addition to any list of assessed owners adopted as part of the Order. An amendment shall not include a correction as defined in this section. (4) Assessed owner means the person to whom land within an inland wetland or flood plain area affected by an Order was assessed in the last preceding annual tax levy. (5) Bank means the contiguous upland slope landward of any inland water or freshwater wetland including the crest of the slope, which may or may not include vegetation characteristic of transi- tional zones (ecotones) or plant communities immediately adjacent to any inland water or freshwater wetland. (6) Commissioner means the Commissioner of the Department of Environmental Management. (7) Correction means any minor change in the location of the inland wetland or flood plain area boundary or encroachment line on a plan, the substitution or deletion of any name or names from the list of assessed owners adopted as part of any Order, or any typographical, grammatical or other correction which does not change the sense or meaning of any Order. (8) Department means the Department of Environmental Management. (9). Dredging means the removal of materials including, but not limited to, rock, bottom sediment, debris, loam, peat, soil, sand, refuse, plant or animal matter, in any excavating, grading, clean- ing, deepening, widening or lengthening, either permanently or temporarily; of any inland wetland or flood plain area. -b- Dredging shall include improvement dredging, maintenance dredging, backfilling or other dredging and subsequent refilling. (10) Encroachment Line means that boundary line established within or contiguous with an inland wetland or flood plain boundary line beyond which no structures or other encroachments may be established in the direction of the waterway or flood- prone area. (11) Filling means the placing of any material that raises, either temporarily or permanently, the existing elevation of any inland wetland or flood plain area. (12) Flood Plains, or Flood Plain Areas mean those areas of land that are susceptible to being periodically inundated by water from any source. This shall include normally dry land areas which are subject to a general and temporary condition of partial or complete inundation by runoff from surface water or by overflow of inland waters. Flood plains or flood plain areas shall further include those areas of land which have been designated as being within the 100-year flood a determined by the Office of Federal Insurance and Hazard Mitigation within the Federal Emergency Management Agency. (13) Flooding means a local and temporary inundation or rise in the surface water level of any inland water such that it covers land not usually under water. (14) Inland Wetlands means "freshwater wetlands" as defined in section 40 of chapter 131 of the General Laws and that portion of any bank which touches any inland waters or any 'freshwater wetland, and any freshwater wetland subject to flooding. (15) Improvement Dredging means any dredging in an area which has not previously been dredged or which extends the original dredged width, depth, length, or otherwise alters the original boundaries -7- of a previously dredged area. (16) Inland Wetland affected by an Order means any inland wetland or flood plain area that is subject to any restriction under an Order. (17) Modification means any amendment as defined in subsection (3) of this section. (18) Obstruction or Encroachment shall be defined as including, but not limited to, any structure, building, fence, wall,fixture, or other barrier. (19) Maintenance Dredging means any dredging under a license in any previously dredged area which does not extend the originally dredged width, depth, or length, but does not mean improvement dredging or backfilling. (20) National Map Accuracy Standards means meeting or exceeding the map accuracy standards established by the U.S. Bureau of the Budget on June 10, 1941, revised April 26, 1943 and June 17, 1947, and as amended from time to time. For maps on publication scales larger than 1:20,000, not more than 10 percent of the points tested shall be in error by more than 1/30 inch (0.846 mm) measured on the publication scale; for maps on publication scales of 1:20,000 or smaller, 1/50 inch (0..508 mm) . These limits of accuracy shall apply in all cases to positions of well-defined points only. Well-defined points are those that are easily visible or recoverable on the ground. In general, what is well-defined will also be determined by what is plottable on the scale of the map within 1/100 inch (0.254 mm) . (21) Order means any instrument issued by the Commissioner and approved by the Board of Environmental Management that imposes restrictions on any inland wetland or flood plain area in accordance with the Act. (22) Person means any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the Commonwealth or political subdivision thereof, any administrative agency, public or quasi-public corporation or body, or any other legal entity or its legal representative, agents or assigns. (23) Person having an ownership interest means any assessed owner or any holder of record of an easement, covenant, restriction or any other ownership interest, any lessee holding a lease of twenty-five years length or more and -8- any mortgagor. (24) Plan means a map made by surveying techniques, a line and symbol photogrammetric map or an orthophoto map, which meets National Map Accuracy Standards, upon which inland wetlands and flood plain areas are delineated. (25) Polluting means, but is not limited to, the discharge, release or flow of any product, by-product, material or waste resulting from sewage, sewage processing, or from any agricultural, industrial, commercial, or other man-made process, any-man-made thermal discharge, 'run-off, leachate, or any other substance in any form, which is or can be drained, discharged . or infiltrated, or otherwise introduced into any inland wetland or flood plain area. (26) Removing means to take away any type of material that alters the elevation of any inland wetland or flood plain area. (27) Repeal means the rescinding of any Order, including the plan or plans and list of assessed owners incorporated with the Order. (28) Restriction means any provision in any Order limiting activities or uses in or on inland wetlands or flood plain areas. (29) Wetland area means any inland wetland or flood plain area delineated by a continuous boundary line which encloses that wetland. 5.03: Notice Prior to adopting any Order under X.G.L. c. 131, s. 40A, the Commissioner shall first give notice, as provided below, of a preliminary informational meeting and a public hearing. (1) Persons To Be Given Notice. The Department shall mail notice of the meeting and the hearing to the following persons by certified mail at their last known address, at least fourteen (14) days prior to the date of the preliminary informational meeting and at least twenty-one (21) days prior to the date of the public hearing: -9- (a) any assessed owner; (b) any person, other than an assessed owner, having an ownership interest in any inland wetland or flood plain area to be affected and whose name appears in the assessor's records; (c) any person who has acquired, subsequent to the last annual tax levy, an ownership interest in any inland wetland or flood plain area to be affected and whose name has been entered in the records of the assessor's office and is available to the Department at least sixty (60) days prior to the date of the public hearing; (d) the State Reclamation Board, the 'Department of Public Works, the Department of Environmental Quality Engineering, the Metropolitan District Commission, the Coastal Zone Management Office, other appropriate agencies of the Commonwealth, federal and local government, appropriate regional planning agencies, and to the Selectmen or Mayor, Conservation Commission, Planning Board and Assessors of- the city or town in which the inland wetlands or flood plain areas to be affected are located. The Commissioner shall give notice by regular mail to any person who has filed a written request to receive notice of public hearings to be held pursuant to the Act, and to any other person he may deem appropriate, at least fourteen (14) days prior to the date of the preliminary informational meeting and at least twenty- one (21) days prior to the date of the public hearing. Any of the notices required to be given pursuant to this sub- section shall be deemed to have been given upon mailing a copy of the notice. The number of days between the giving of notice and the date of the preliminary informational meeting and public hearing shall include Saturdays, Sundays and legal holidays. (2) Publication of Notice. The Commissioner shall publish notice of the preliminary informational meeting and public hearing at least fourteen (14) days prior to the date of the preliminary informational meeting and at least twenty-one (21) days prior to the date of the public hearing in a newspaper or newspapers of general circulation in the city or town in which the inland wetlands or flood plain areas to be affected are located, and, where appropriate, in such trade, industry or professional publications as the Commissioner may select. (3) Posting of Notice. The Commissioner shall post notice of the preliminary informational meeting and public hearing at least fourteen (14) days prior to the date of the preliminary informational meeting and at least twenty-one (21) days prior to the date of the public hearing in the city or town hall of the city or town in which inland wetlands or flood plain areas to be affected are located, and in any other location as determined by the Commissioner. (4) Films Notice With the Secretary of the Commonwealth. The Commissioner shall file notice of the public hearing with the Secretary of State at least twenty-one (21) days prior to the date of the public hearing. (5) Content of Notice. Notice, other than notice by publica- tion, shall include, but need not be limited .to, the following information and materials: (a) A description of the Department's statutory authority to adopt Orders, a copy of the statute, M.G.L. c. 131, s. 40A, and a. copy of the proposed Order. (b) A copy of an index map or portion of the proposed plan with the inland wetland or flood plain area or areas to be affected identified thereon. -I1- (c) Notice that the Department's wetland boundary delineation services are available to persons having an ownership interest in land to be affected by the Order. (d) The time, place and location of .the preliminary informa- tional meeting and public hearing. (e) The name of the• Commissioner or his agent or agents designated to receive inquiries or requests prior to the public hearing. (f) Notice that any person may submit written comments con- cerning the proposed Order to the Department, and/or request to speak at the hearing. Notice published in newspapers or posted in the city or town hall or other public place pursuant to this section shall include items (c) , (d) , and (f) , above, and may also contain a list of parcels within which inland wetlands or flood plain areas are located, and for which no assessed owner is known. 5.04: Preliminary Informational Meetings The Commissioner shall, at .least seven (7) days prior to the date of the public hearing, hold-a preliminary informational meeting in the city or town in which the inland wetlands or flood plain areas to be affected are located. (1) Materials for Display and Inspection. ' The following information and materials shall be available for display and inspection: (a) photogrammetric, line and symbol, or orthophoto maps depicting inland wetland or flood plain area boundaries or encroachment lines, or any other maps intended for use as plans; (b) aerial photographs of the inland wetlands or flood plain -12- areas to be affected; (c) assessor's maps depicting the area to be affected; (d) a list of all persons who have been given notice of the preliminary informational meeting and' the public hearing. (2) Materials for Distribution. The following information and materials shall be available for distribution: (a) copies of the statute, M.G.L. c. 131, s. 40A, and these regulations; (b) copies of the proposed Order; (c) on-site inspection request forms as shown in Appendix A. (3) Conduct of the Preliminary Informational Meeting. A repre- sentative of the Department shall be present at the preliminary informational meeting to distribute materials upon request, to answer questions concerning the location of proposed inland wetland or flood plain area boundary lines or encroachment lines, and if time permits, to answer other questions_ concerning the program. 5.05: Public Hearings Prior to adopting any Order under M.G.L. c. 131, s. 40A, the Commissioner shall first hold a public hearing in the city or town in which the inland wetlands or flood plain areas to be affected are located. The Commissioner or his agent designated as the Presiding Officer shall conduct the public hearing. Copies of all information and materials available at the preliminary infor- mational meeting shall be available at the public hearing. The Presiding Officer shall convene the public hearing. He or she or a representative of the Department shall first state the statutory authority under which the program operates, and -I3- shall explain the purpose of the program, effect of the proposed Order, and the Department's mapping, designating and recording procedures. The Presiding Officer shall inform persons having an ownership interest in any affected inland wetland or flood plain area of their right to request an on-site inspection and other procedures pursuant to Section .5.06 of these regulations. The Presiding Officer shall specify the order of participa- tion. Representatives of the Department shall speak first, .followed by elected officials. Persons or groups representing agencies of the Commonwealth, federal agencies or local governments who have requested permission to speak shall proceed next, followed by those persons who have submitted requests to comment. Other persons who wish to speak may then proceed at the discretion of the Presiding Officer. The Presiding Officer shall have the right to limit the length of time for each presentation. The Presiding Officer may entertain questions from the audience. The Presiding Officer shall have the authority to adjourn the public hearing and to continue it to another date. A record of the public hearing shall be compiled by having the proceedings. recorded by a stenographer or on tape. 5.06; Wetland or Flood Plain Boundary or Encroachment Line Delineation Procedures Any person having an ownership interest in any affected inland wetland or flood plain area, (hereinafter referred to in this section as the "requesting person") shall have the right to request a wetland, flood plain boundary or encroachment line delineation in accordance with the procedures set forth below. Such a request may be made at any time subsequent to the Department's giving notice pursuant to Section 5.03 of these regulations, but not -14- later than fourteen (14) days after the close of the public hearing record, unless good cause for the delay in making such a request can be shown to the Department. (1) On-Site Inspections. The Department shall make available, for the purpose of requesting on-site inspections pursuant to this section, request forms as shown in Appendix A of these regulations. These forms shall be available at the preliminary informational meeting and public hearing held pursuant to these regulations, and at the Wetlands Restriction Program Section of the Department's offices, during normal business hours, at 100 Cambridge Street, Boston, Massachusetts 02202. Completed request forms shall be sent to the Department at the above address. No form shall be deemed to be received unless properly completed, and improperly completed forms shall be returned. The requesting person shall also contact the Department to arrange a time, date and meeting place for the on-site inspection. The location of the inspection shall be at the place or places specified on the request form. The Department's representative shall meet with the requesting person at the agreed upon time, date and place. The Department's representative shall indicate the location of the inland wetland and flood plain boundary or encroachment line on the site. The Department may, through its representative, conduct the on-site inspection without the requesting person, if the Department, prior thereto, has secured permission to do so from the requesting person. The Department may answer any questions posed by the requesting -15- person concerning the designation of the site inspected as land affected by an Order. (2) Delineation of Inland Wetlands, Flood Plain Areas or Encroachment Lines on Assessor's Maps. The Department, if requested,' shall send the requesting person a tracing or copy of the applicable portion of the assessor's map or maps indicating the location of- the inland wetland or flood plain boundary or encroachment line of the affected land in relation to the request- ing person's land. The Department does not accept responsibility for the accuracy of any assessor's map or maps. (3) Delineation of Coastal Wetlands on Plot Plans. The Depart- ment, if requested, shall indicate the location of the boundary of the inland wetland or flood plain area, or encroachment line on an individual plot plan submitted by the requesting person to the Department. The Department does not accept responsibility for the accuracy of any plot plan submitted. 5.07: Adoption of Orders The Commissioner shall adopt Orders, including Amending, Modi- fying and Repealing Orders with the approval of the Board of Environmental Management. No Order shall be adopted until it is approved by the Selectmen or City Council of the town or city in which said wetlands or flood plains are located; provided, that if the Selectmen or the City Council fail to approve or disapprove in writing, stating reasons for such disapproval, such proposed Order within thirty days after receipt of a written request from the Commissioner, such Order shall be deemed to have been approved, and provided, •further, if such Order is so disapproved the Commissioner may, after expiration of six months from the date of such disapproval and after due consideration of the reasons for -16- such disapproval, adopt such order. No order shall be adopted until the close of the public hearing record. 5.08: Recordina of Orders The Commissioner, upon the adoption of any Order, including the adoption of any Amending, Modifying or Repealing Order shall record a copy of the Order, together with the plan and list of the assessed owners of land affected by the Order, in the- registry of deeds or, if such inland wetlands or flood plain areas are regis- tered, in the registry of the land court. The list of assessed owners shall include a reference to the book and page number in the registry where the deed for the affected parcel is recorded. The Commissioner shall also cause the Order to be marginally referenced to the deeds of the list of assessed owners of land affected by the Order. 5.09: Notice of Orders The Commissioner shall, following completion of the recording procedures pursuant to Section 5.08 of these regulations, send by certified mail a copy of the Order and plan to each person having an interest in wetlands who was given notice and to the clerk and board of assessors of each city or town in which the affected wetlands are located. 5.10: Recording in the Public Restriction Tract Index If any county or district having inland wetlands or flood plain areas affected by an Order has established a Public Restriction Tract Index pursuant to M.G.L. c. 184, s. 33, the Commissioner shall request that the Order, or any Amending, Modifying or Repealing Order, be indexed in the Public Restriction Tract Index -17- for that county or district and that reference be made to the Order, list and plan. The Order shall be indexed pursuant to the statutory procedures established under M.G.L. c. 184, s. 33 as most recently amended, and pursuant to the rules and regulations established by the Register of Deeds for the county or district. 5. 11 Amending or Modifying Orders Prior to adopting any Amending or Modifying Order under M.G.L. c. 131, s. 40A, the Commissioner shall first give notice as required by, and shall hold a public hearing pursuant to, Sections 5.03 and 5.05' of these regulations. The Commissioner shall also conduct any boundary delineation procedures as required by Section 5.06 of these regulations. Any Amending or Modifying Order shall be adopted and recorded in the manner required by Sections 5.07 and 5.08 of these regulations, and a copy of the Amending or Modifying Order and plan shall be sent by certified mail to those assessed owners affected by the Amending or Modifying Order. 5. 12: Repeal of Orders Prior to adopting any Repealing Order under M.G.L. c. 131, s. 40A, the Commissioner shall first give notice in the manner required by Section 5.05 of these regulations. Any Repealing Order shall be adopted and recorded in the manner required by Sections 5.07 and 5.08 of these regulations, and a copy of the Repealing Order and plan shall be sent by certified mail to those persons whose names appear on the list of assessed owners recorded with the Order being repealed. 5. 13: Correcting Orders_ Any person having an ownership interest in inland wetlands or flood plain areas affected by any Order adopted pursuant to the Act, and who has reason to believe that the wetland or flood plain boundary or encroachment line of his or her wetland or flood plain areas has been incorrectly delineated on the plan which has been included with an Order, may request the Department to have the location of his or her boundary or encroachment line redrawn on a corrected plan. Upon receipt of the request, a representative of the Department shall, within fifteen (15) days, arrange to conduct an on-site field inspection. If the Department finds that the boundary or encroachment line is incorrectly delineated, the Commissioner shall record, pursuant to the procedures provided in Section 5.08 of these regulations, and send to the person requesting the correction, a corrected plan with the new boundary or encroachment line delineated thereon. The Commissioner may also correct any typographical, grammatical or other errors contained in any Order by recording a copy of the corrected Order pursuant to the procedures provided in Section 5.08 of these regulations, and by sending a copy of the corrected order to the assessed owner or person having an ownership interest in inland wetlands or flood plain areas affected by the Order. 5. 14 Monitoring Procedures The Commissioner shall periodically examine the inland wetlands affected by Orders. In addition, any person who has an interest in any inland -19- wetland or flood plain area affected by an Order may request the Department of Environmental Management to conduct a review. Upon receipt of the request, the Department shall conduct an on-site inspection. If the Commissioner determines, following examin- ation, that significant change has occurred in any such inland wetland or flood plain area, the Department shall adopt an Amending, Modifying or Repealing Order or shall correct the 'Order pursuant to the procedures provided- in these regulations. 5. 15: Departmental Review of Orders Any Conservation Commission, Mayor or Board of Selectmen may petition the Department to conduct a review to determine if an Order has been violated. Upon receipt of such a petition, the Department shall conduct an on-site inspection of the area and shall take corrective measures as are- warranted. Any abutter or other person having an interest in any inland wetland affected by an Order may request a review to determine if an Order has been violated, to be granted at the discretion of the Department. 5. 16: Judicial Review of Orders Any person having an ownership interest, any lessee holding a lease of twenty-five years length or more, and any mortgagor having an interest in land affected by any such Order, may within ninety (90) days after receiving notice thereof, petition the Superior Court to determine whether such Order so restricts the use of his property as to' deprive him of the practical uses thereof and is therefore an unreasonable exercise of the police power because the Order constitutes the equivalent of a taking without compensation. -20- If the court finds the Order to be an unreasonable exercise of the police power, and enters a finding that such Order shall not apply to the land of the petitioner, the Commissioner shall cause a copy of such finding to be recorded in the proper registry of deeds or, if the land is registered, in the registry district of the land court. The Department may, after a finding has been entered that such Order shall not apply to certain land as provided in the pre- ceding paragraph, take the fee or any lesser interest in such land in the name of the Commonwealth by eminent domain under the provisions of M.G.L. c. 79 and hold the same for the purposes set forth in this section. 5. 17: Public Meetings . The Commissioner may, from time to time,. hold public meetings in any municipality in which inland wetlands or flood plain areas are located, for the purpose of describing or explaining the status of the Inland Wetlands Restriction Program or any other aspect of the Program. 5. 18: Effect on Other Orders All Orders adopted under the Act prior to the effective date of these regulations shall remain in full force and effect. 5. 19: Severability If any provision of these regulations is held to be invalid, such invalidity shall not affect any provision of the regulations not specifically held to be invalid. TOWN LOT DATE INSPECTED Commonwealth of ,yiassachusett.s DEPARTMENT OF ENVIROI"IMENT.0 MANAGF_%1ENT WETLANDS RESTRICTION PROGRAM 100 Cambridge Street, Boston 02202 REQUEST FOR ON-SITE INSPECTION The Department will conduct on-site inspections in the town of from to Please fill out and send in the following information to the above address. In addition, please telephone the Department at 727-8893, by to arrange a time and place for the inspection. 1. Name of owners Name of person requesting on-site inspection (if different from owner) 2. address of person reques Ong on-site inspection 3. address 'of property 4. TeIephone of person requesting on-site inspection home: work: 5. Reason for on-site inspection APPENDIX A di T tarok 28, 1979 Dear Hr. Caputo# It kas cease to our attention, tkat Deretky Nolson's term as a,C,e".Vv&ttfs L +"-'r ember in near expiration* We would like to express our sincere keys tkat you will leave tke good somm and foresi.gkt to request that mho con— tisuo to serve tke tavm of Agum n in this capacity* Dorothy Holmon' s efforts can bekalf of our town are truly c ommemnlablip. Tke time sail *moray eke eantrikutes is uaneading. Her qualiti•m are okvieue. Ske is sdueatel an,& opommini st exmupk to 'be fair in matters ooaceraing tke Conservation Cemission. Dorothy takes ker commitment seriously* eke in always available to listen, to preklemm and eke trios kor harlost to solve tkom. We would lee foolisk to let a person witk ker staanniaris and oapabilition slip tkrsugk our fiUars. Volunteers of tkis oa.liber are rare. Sineerelyl Iir. ant Mrs. James Healey 37 Akite Oaks Drive LU U0 t=, N T-C3 TOWN OF AGAWAM INTER -OFFICE MEMORANDUM FROM: +or ror,ll+r% IPnurn A/ian--er DATE: 1-'^hruary 14. IP79 TO; Rnnn1fj J_ Y.arh. C:hni_rman SUBJECT: A.mairtment-Ai�ociate Conservation Commission ALember I am in receipt of your memorandum of February 13, 109, Under General Laws relating to the establishment and the a.ppointmc nZs t6 Co i ex�ra'tfai "G�i�in'iR!;iQ in this Commcniveelth, ,zs' fall within the province of the town manager's office vhere applic,'bl.-. Therefore, I find your election of an associatc meraber violating the spirit of the General 1-.aws and certainly the requirem;.nts under the ex- isting town charter. The terra of associate member, therefore, is not a Legal appointment until established by law. I also find within the text of your memorandum th.it the town clerk did out recei e a copy of your deliberations for official re—r s 83J 6161 Zie� r Capp• ,s+'•�-� 3� �<)li#��3 V9V Town r''snager cc: 'own Clerk PC/,k .�' T0W��i�1,fi',�,CLERK OF ICE AV A.%",. MhlSS. ' 1979 MAR 15 10: 45 70 Provin k1t. Drive Marcb 7, 1979 1`etvr Cu; )uto, Town Hi nager 36 !Main Street Agawam, MA 01001 Doar Mr. Caputo : 1 Because my current term -of office on the (Cons-ervation .Cornm-issi-on expire: March 15 , 1979, I, am writing this to volunteer'my time to the Conservation Commission for mother term. It is my continuing concern that develop- ment pressures will become more acute in Wetland Areas and with it the increase of problems which cost precious tax dollars to remedy. • This east 2 years I Have been concentrating on the acquisition of open space, which has resulted in a gift of one parcel 2nJ a partial gift and Federal funding on another. I hope in the future: to expand this program and to begin exploring the possibilities of protecting our farm lands under the new Farmland Preservation Restriction Act. Yours truly, A ! Dorothy . Nelsen cc: Town Councilors Council Clerk V.I, • TOWN of AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETT 01001 Tel. 413.78 044U May 8, 1978 Mr. David Gallano Director of Finance Attention: Natalie George, Chairman Planning Board Dear Natalie: I appreciated the opportunity to meet with you and the board,last week. I recognize the hard work that the commission has been accomplishing. It is appargnt that there are some areas in which we differ regarding'lpcal. planning philosophy but I am sure that in a matter of time those utters Will be Nvorked out. I]uring the meeting, I cited specific areas of interest and concern; ' a. Municipal corporate organization b, '$oards and commissions are advisory ip ilaturc to the x}za agpr apd Gpunc it ` � ' •' '�, '• •.• c, The T#* Rate ; S . : ,: .1.• ,I.,; d. Manager's mandate from the council �. T49 series of priorities due from the Co4p0l ' f• A proftle of the Town of Agawam 1, 'Wpo are we - where are we going? A matter discussed .in detail was the hiring of a new secretary and hor duties which I intend to increase the scope of the position to include the duties frorp the Liquor Control Commission. When I said this, a good deal of'4tscusoioti ensued and we determined a. To explore the possibility of placing the secretary on a specific schedule in order to serve the three commissions b. That the commissions must modify their agenda to handle matters, a time discipline, and not have overly extensive meetings. 111vid Gallano, Hir•. of lr'iniinc:e May 8, 1978 Attn: Natalie George, Chrn. , Pl. Lid. Page 2 c. To cunsider re-think the secretary board assignment with the proviso that the Liquor' Commission duties be placed in an appropriate depart- ment d. That the stiitus quo vervain with the new secretary until she has been adequately trained for conservation and planning duties (approximately one month) and then she will receive her third assignment. I am concerned since she has been placed on notice that ,she will be required to put in a 45-55 hour per week and be subject to business calls at home. There is no way this is going to happen since I will oppose it and furthermore the union will also place unnecessary demands on the Town if this were to � exist, plus the individual's morale is a factor. The work week is 35 hours, there are times when overtime is necessary but it will be used judiciously. I suggest that the respective commissions address themselves to this matter. Director Gallano and I will be receptive to any proposal-that encompasses the aforementioned proposals. Sincerely yours, rr � •^y'J�J ,' ,x Peter Caputo; Town Manager cc: Directors Members-Conservation & Planning Town Council r '74 PM 13.17 • OPERATIONS AND FE7'TP GS BY-LAWS GOVERNING , �T OPERATIONS AND MEE'T'INf'S OF THE AUWK CONSERVATION COMNTSSTON TC)WN OF AGAWAM T, NAPE AND PURPOSE ,vwma rl PRWS OFRCF A. The name of this organization shall be the Agawam Conservation Commission, herein called the Commission, B. The purpose of the Commission ds to promote and develope the natural resources and to protect the watershed resources of the town/city, as provided for under A. L„ Ch. 40, Sec, 8C as amended, The Commission will conduct researches into local land areas and develop a plan to accomplish the purpose set forth above, It will conduct A broad edu- cational prouram, cooperate with the elected and appointed Boards and Commissions of the Town/City and with the State and Federal Natural Re- svirces agencies with regard to natural resources reTulati.ons and other regulations imposed by law, and shall perform other duties as may be imposed by law, IT. ELECTIONS The officers of the Commission shall be elected from the member- ship annually in the first regular meeting of the Commission in Unua.ry, or at such other time as may be designated by amendment of these by-Laws, This meeting shall be designated the election meeting. The following officers shall be elected : Chairman, Vice-Chnirma.n, Secretary, and Financial Secretary. III. OFFICERS A. Chairman The Chairman shall, in addition to the duties imposed by law, preside at all meetings of the Commission at which he is present, and direct the work of the Commission. This person shall annually appoint members to committees and designate chairman of same as provided for under Article V no later than the first meeting of the Commission following the election meetinn7and shall direct the calline of meetings of the Commission, The Chairman shall be an ex-officio member of all committees, B. Vice-Chairman The Vice-Chairman shall preside at all meetings of the Commission in the absence of the Chairman, and shall perform all duties and shall have all powers of the Chairman in case of absence or incapacity of the Chairman, Page 2 C. Secretary The Secretary shall keep an accurate record of the proceedings of the Commission, shall provide a duplicate copy for the Chairman to be retained. in the file, and shall notify each member of each meeting of the Commission, This person shall perform all other duties imposed by law, assigned by the Chairman, or otherwise herein provided. A clerk, if hired by the Commission, shall report to and be directed by the Secretary, D, Financial. Secretary The Financial Secretary shall recommend action on all bills received by the Commission, insure that the appropriate authorizing si.g-- natures are secured on these bills, transmit duly authorized bills to the appropriate municipal office for disbursement approval required or payment, and shall coordinate with the city or town Treasurer and Accountant so that he is prepared to render a report on the status of all funds under the jurisdiction of the Commission at each meeting, and shall perform all other duties imposed by law, assigned by the Chairman, or otherwise herein provided , IV, CONSULTANT'S AND HONORARY MEMBERS The Commission may, by vote at any meeting, appoint consultants to the Commission (see (i, L„ Ch. 40, Sec, 8C) . Such consultants shall not have the right to vote, nor to represent themselves as official members of the Commission, but shall have the right, to participate in meetings and activities of the Commission as the Chairman may designate, The Commission may elect Honorary members from former members of the Commission. Such members shall have the same ri,7hts and privileges as con- s-ul tants. if. DUTIES OF ?MMR RS The members of the Commission shall perform the duties and responsi- bilitin s as set forth in Massachusetts C•eneral Laws, Ch, 40, Sec, 8C, as amended: the Massachusetts Conservation Commission Handbook; and these by- laws, Members who will be unable to attend a meetincr of the Commission shall notify the Secretary, Members 'shall make every effort to attend all meetings and perform all duties assigned by the Chairman. Any member not attending three consecutive meetings without justifiable cause shall be removed from the Commission by the appointing authority upon recommendation of the majority of Commission members, a Page 3 Trl. COM4ITTFF13 Committees may be created by vote of the Commission as such committees may be needed. These committees shall be responsible for. plannina within their specific area of concern and for reporting- the results of this planning to the Commission. They shall act in the name of the Commission only when directed to do so by vote of the Commission. Committees may include, but not be limited, to: A. Planning Committee This committee shah. be responsible for the preparation and updatiner of natural resource inventories, open space inventories, wet1pnd inventories, and a conservation and passive outdoor recreation plan as specified in G. L, , Ch. 40, Sec, 8C; and the coordin,-tion of these plans with Comm:xnity Master Plans or plans of the Planning Board and any Regional Planning agencies, F3, Land Acquisition Committee This committee 'shall recommend to the Commission specific land areas to be acquired under the conservation and passive outdoor recreation plan so as to represent a Logical time-phased acquisition program for tho community. It shall present to the Commission recommendations for specific acquisition projects to include: engagement of appraisers, land. surveyors and legal counsel as required; sources of financial. assistance. and a plan for proceeding with the acquisition. Upon approval by the Commission, it shall secure the .required services, It shall prepare applications for financial assistance under the Self-Help Program and appropriate Federal programs, and submit these to the Commission, It shall accomplish other land activities as approved by the Commission, C. Information and Education Committee This dommi.ttee shall be responsible for the conduct of a public information and education program designed. to further the purposes of the Commission. It shall seek to coordinate the activities of unofficial bodies organized for similar purposes as set forth in G. L. , Ch, 40, Sec, 8C, Activities of this committee may include : 1. Liaison with School. Administration to encourage inclusion of conservation programs within the educational program, provision of educational materials to the schools or libraries, development of selected school, sites for conservation education, and presentations on Commission activities. 2, Contact with the news media to encourage continuing public education in conservation matters and concerns, r a- Page 4 3. Assistance to unofficial bodies, such as land trusts or recycling organizations, in the development of cooperative pr.oarams, D. Land Management Committee This committee will be responsible for the preparation of plans for the use of lands under the administrative control of the Commission. It will prepare regulations governing the use of lands under Commission control for adoption by the Commission. It will assure that allowable uses for P11 l.egi.timate interests of the citizens are considered in plans and facilities of the community. It shall, with the approval of the Commission, coordinate the construction, installation and maintenance of signs, vehicular access ways and controls of same, bridges, dams, wildlife habitat, and other facilities for improving the availability, accessibility, use and enjoyment of conservation areas by the public. It shall mark and maintain trails, boundaries, and access points to such areas, and develop and publish maps and guides to all conservation areas as directed by the Commission. Tt shall. provide supervision over all conservation areas, either by commission members, consultants, Parks and Recreation Department employees, or paid employees of the Commission as required.. E. Pollution Control Committee This committee shall be responsible .for gathering; and collating information and data on all forms of pollution within the community and shall keep appropriate records of pollution levels, Tt shall coordinate its activities with other community agencies and unofficial groups concerned with pollution and lend such assistance to such groups as may be available. It shall cooperate with the Information and Education Committee so that students and the general. public will be made aware of the pollution problem in the community and what actions they may undertake to minimize the problem, VTT. MEETINGS , The Commission shall hold no less than two meetings each month except when a quorum, as defined in Article UITT, is not present, Robert's Rules of Order shall uovern meeting procedure, when not in conflict with statutes or these by-laws. Notices of meetings wi1.1 be liven by the Recording Secretary as specified in Article ITTC. Meetings, and notices thereof, shall_ comply with the provisions of G, L„ Ch. 39, Sec, 23A-C, VITT. QUORUM A majority of the members of the Commission shall constitute a quorum. A majority of those present and voting, if a quorum is present, shall be sufficient. to conduct the business of the Commission unless otherwise specified by statute, IX. APPOINTMENTS AND VACANCIES Original appointments to the Commission are made in accordance with rT, L„ Ch. 4o, Sec , 8C, and by the Appointing Authority stated. therein, A Page 5 vacancy in the membership caused other than by expiration of a term of office shall be filled as specified in r7, L. , Ch. 40, Sec, 8C, Y. HEAFTNCS When the Commission is required by law to conduct a public hearing, a. quorum of the members must be present, The Commission is required to conduct a public hearing on any properly executed Notice of Tntent filed under the provisions of the Wetlands Protection Act, G. L. , Ch. 131., Sec, 40. The hearing must be held within twenty-one days of receipt of such notice, and at least a majority of the Commission must be in attendance. A majority of the Commission must sign the Order of Conditions issued , A record of a hearing shall be kept which shall include a record of attendance, speakers, the context of testimony given (testimony may be sworn if desired) , and a record of any votes taken. Minutes of the meeting and the Notice of Intent shall become a part of the record of the hearing. XI. AMENDMENTS These by-Laws may be amended at. any regular meeting of the Commission by a two-thirds vote of the total Commission, provided written notice of intent, to amend is sent to7each member of the Commission at Least seven {7} days prior to the meeting at which the proposed action is to be taken. A. The Agawam Conservation Commission will for purpose of discussion and decisions use the following definition of Freshwater Wetlands: Freshwater wetlands include, but are not limited to, wet meadows; marshes; swamps; bogs; areas where groundwater, flowing; or standing surface water or ice provide a significant part of the supporting substrate for a plant community for a significant part of the year: emeraent and sub- mergent. plant communities in inland waters; that portion of any bank which touches any inland waters; and land, including submerged land , which consists of any of the soil types designated as but not limited to, very poorly drained by the National_ Cooperative Soils Survey, as may be amended from time to time, of the Soil Conservation Service of the United States Department of Agriculture. Wet Meadows are places where ground water shall be at the surface for a significant part of the growing season and near the surface throughout the year and/or where a vegetational community shall be made up of, but not limited to nor necessarily include, all of the following plants or ffroups of plants: rushes (Juncaceae) , sedges (Cyperaceae) , hydrophytic grasses (Graminae) , cattails (T,yphaceae) , bur.-reeds (SparFaniaceae) , water- plantains (Ali.sma) , Arums (Araceae) , Iris (Iri.daceae) , Dock (Rum) , Smartweed (Pol.ygonum) , false loosestrife (Ludwigia) , purple loosestrife (Lythrum) , loosestrife (Lysimachia) , blue vervain (Verbena) , boneset (Eupatorium perfoli.atum) , Joe-Pye weed (Eu torium dubium) , Page 6 Marshes are places where a vegetation community shall exist in standing or run-ring water during the growing season and/or shall be made up of one or more, but not limited to nor necessarily including all, of the following plants or groups of plants: hydrophytic vrasses (Gramineae) , sedges (cyperaceae) , rushes (Juncaceae) , cattails (Ty haha) , pickerel.weeds (Pontederiaceae) , water-plantains (Alismataceae) , bur-reeds (S rganiaceae) , pondweeds (Zosteraceae) , frog-bits (H drocharitaceae) , arums Araceae , duckweeds (Lemnaceae) , water lillies (Nymphaeceae) , water milfoils (Haloragaceae) , water-starworts (Cal.litrichaceae) , horsetails (Fquisetaceae) , naiads (Nayadaceae) , buckwhea.ts (Polygonaceae) , arrowgrasses (Juncagi.naceae) , bladderworts (Utricularia) , pipeworts (Eriocaulon) , sweet gale rica gale) , buttonbush (Cephalanthus occidentalis) , Swamps are places where ground water shall be near or at the surface of the ground for a significant part of the growing season or runoff water from surface drainage shall collect frequently and/or where a vegetational community shall be made up of, but not limited to nor necessarily include all of the following plants or groups of plants: red maple (Ater rubrum) , elm (U1mus americana) , black spruce (Picea mariana) , white cedar(Chamaecyparis thyoides) , ashes Fraxinus) , poison suma.c (Rhus vernix), larch (Larix laricina) , spicebush Lindera benzoin) , alders (Alnus) , skunk cabbage (Symlocarpus foetidus) , hellebore Veratrum viride) , hemlock (Tmiga canadensis) , spha.g_nums S haPnum) , azaleas (Rhodocdendron) , black alder (71ex verticillata) , white alder Clethra al_nifo.sa , marsh marigold (Caltha palustris) , blueberries (Vaccinium) , buttonbush (Cephalanthus occidentalis) , willow (Salicaceae) , water willow (Decodon vert�.ci.l_latus) , tupelo (N ssa sylvatica , laurels (Kalmia) , Rors are places where standing or slowly running water shall be near or at the surface during a normal Frowin- season and/or where a vegetational community shall have a sinnifi.cant portion of the round or water surface covered with sphannum moss (Snha?num) and where the vegetational community shall be made up of a significant portion of one or more of, but not limited to nor necessarily include all of, the followinn plants or croups of plants: blueberries and cranberry (Vaccinium) , leather-leaf (Chamaedaphne ca.l, culata) , pitcher plant (Sarracenia purpurea) , sundews (Droseraceae) , orchids (O.rchidace.ae) , white cedar (Chamaecyparis th oides) , red maple (Ater rubrum) , black spruce (Picea mariana) , bog aster Aster nemoralis larch Iarix laricina , boa rosemary (Andromeda rlaucoph lla azaleas (Rhodondendron) , laurels (Kalmia) , sedges (Care x) , boa- cotton Eriophorum) ,