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MINTUES - CONSERVATION MINUTES - Conservation 1-A• r. C �►� FA TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 ti Tel. 413-786-0400 �D,p��R MPy�1 �4Tf 0 CONSERVATION COMMISSION � n November 6 1981 ''`� The Agawam Conservation Commission will meet on Thursday, r �, cD November 12, 1981 , at 7 :30 P.M. , in the Town Administration Hearing Room, 36 Main Street, Agawam, MA. The Agenda is as follows: • APPROVAL OF MINUTES - September 24, 1981 TREASURER' S REPORT 7 :30 P.M. - PUBLIC HEARING - Notice of Intent - Byron B. Mattson To perform work on Pleasant Valley Rd. OLD BUSINESS : ON-SITE INSPECTIONS - Russo, Suffield Street; Agnoli Place. Redwood Drive - Permit #87-87 - Any further correspondence Discussion regarding legislation on Low-level Radioactive Waste facilities. Also discussion on Herbicide spraying. NEW BUSINESS: Part III - Proposed regulations; any questions Zone Change - any input the Commission may have on a zone change for Suffield Street, Russo; South Westfield Street, Buynicki. Request for Compliance - South West Street, Lots # 28, 29, 30, and 31 . • CORRESPONDENCE ' FA ; TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 9p�RATEQ MPy CONSERVATION COMMISSION October 14, 1981 TO THE AGAWAM TOWN COUNCIL: The Agawam Conservation Commission at it' s special meeting on Tuesday, September 29, 1981 , expressed serious concern over the Legislative Bill H6877 regarding the . siting of low-level radioactive waste treatment and disposal facilities in the Commonwealth, particularly in the western part. Because of these concerns the Committee respectfully submits that the Town Council consider the passing of some form of protective legislation to prohibit any attempt to utilize agricultural or any other land parcels for establishing a low-level radioactive waste treatment and disposal facility within it's boundaries. The Conservation Commission respectfully requests that it be kept current on any Council actions or proposed legislation it may have under advisement relative to this matter. Sincerely, Dorothy A. Nelsen, Chairman Agawam Conservation Commission DAN/HFF/sje i FA TOWN OF AGAWAM �• _ 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 y Tel. 413-786-0400 1 o9��AAIE D MPy\ CONSERVATION COMMISSION October 14, 1981 TO THE AGAWAM TOWN COUNCIL: The Agawam Conservation Commission at it's special meeting on Tuesday, September 29, 1981 , expressed serious concern over the Legislative Bill H6877 regarding the - siting of low-level radioactive waste treatment and disposal facilities in the Commonwealth, particularly in the western part. • Because of these concerns the Committee respectfully submits that the Town Council consider the passing of some form of protective legislation to prohibit any attempt to utilize agricultural or any other land parcels for establishing a low-level radioactive waste treatment and disposal facility within it's boundaries. The Conservation Commission respectfully requests that it be kept current on any Council actions or proposed legislation it may have under advisement relative to this matter. Sincerely, Dorothy A. Nelsen, Chairman Agawam Conservation Commission DAN/HFF/sje • Draft Minutes Conservation Commission Sei)tember 10, 1981 • MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Dorothy A. Nelsen Helmuth Flathman Anthony Bonavita, Esq. Henry Kozloski Elaine DiDonato William Smith Robert Ayers Meeting called to order at 7 :30 P.M. APPROVAL OF MINUTES - May 28, 1981 - June 11 , 1981 - June 25, 1981 Motion made by Mr. Smith to approve minutes of May 28, 1981 , June 11 , 1981 , and June 25, 1981 with corrections. Second by Mr. Ayers. VOTES - 0 Motion made by Mr. Smith to suspend the Rules & Regulations and take Cease & Desist Orders out of order. Second by Mrs. DiDonato. VOTE 5 - 0 CEASE & DESIST -- Grasso Dump -- Main Street The Commission had issued a Cease & Desist order to Mr. Grasso at their last meeting. Mr. Grasso was present to discuss this. Mr. Suprenant had reported at the last meeting that Mr. Grasso was filling within the flood plain, unfortunately Mr. Suprenant was not present at this meeting with the survey of the flood plain. Mrs. Nelsen informed Mr. Grasso that he could explain what he was doing, but would have to meet with the Commission again when Mr. Suprenant was present. Mr. Grasso informed the Commission that he has the right to fill his land, he was informed by his Attorney that he is under a grand- father clause. Mr. Grasso also showed the Commission a copy of his assignment. Mr. Grasso requested that our Attorney research the grandfather clause. Mrs. Nelsen informed Mr. Grasso that there is not grandfather clause under the Wetlands Act, and that wetland is what the Commission is concerned about. Attorney Bonavita was instructed by the Commission to research the possibility of a grandfather clause. Attorney Bonavita informed the Commission that he will research this, and contact Mr. Grasso's attorney to discuss his findings. This item will be placed on the next agenda. Draft Minutes Conservation Commission September 10, 1981 - 2 - • CEASE & DESIST - 6 & 8 Agnoli Place - Mr. Graziano The Commission issued a Cease & Desist Order to Mr. Graziano for his property at 6 & 8 Agnoli Place. The Commission conducted an on-site inspection and found debris being dumped over the banks of the brook. Mrs. DiDonato informed the Commission that after Mr. Graziano received the Cease & Desist Order he had contacted her. Mr. Graziano informed Mrs. DiDonato that they had dumped broken bricks to stop the erosion problem in the area. Mr. Graziano also stated that he had contacted the Town regarding the excess water run-off in the area and was informed by Mr. Stone that the Town could not correct the problem. A letter was also received by the Commission from a Mr. Daniel F. Sullivan, Jr. , from Colemore Street. Mr. Sullivan stated in his letter that Mr. Graziano had been dumping to alleviate an erosion problem caused by inadequate drainage on Agnoli Place, that the Town would not take care of. Motion made by Mr. Smith to send a letter to Mr. Graziano asking him to attend our next meeting to discuss ways to allevate this problem. Second by Mrs. DiDonato. VOTE 5 - 0 • Mrs. DiDonato requested that the Commission discuss Cease & Desist Orders at the end of the meeting. DRAFT ORDER OF CONDITIONS - David Fearn - Losito Lane At the Public Hearing Mr. Fearn presented a plan for the proposed work. The Commission feels that there is enough information on the plan to have all,,work done in accordance with that plan. The Order will be type for the Commission members to sign. HENDOM HEIGHTS - Drainage An extension permit was issued to Hendom Heights at the last meeting, at that time the Commission requested some revisions to the drainage. The revisions were made and the plans resubmitted. Before approval of the drainage plans the Commission will review the plans. Mr. Suprenant requested additional information such as the limits of work, type of grass seed, etc. Mr. Suprenant will list the additional information and it will be submitted to Mr. Williams along with the approval of his plans. VALENTINE TERRACE - Request for Compliance . Mr. Suprenant submitted a letter to the Commission requesting a Certificate of Compliance on Valentine Terrace. Draft Minutes Conservation Commission September 10, 1981 - 3 There is still work needed to be done, but Mr. Suprenant wanted the Commission to review this to see if they wanted anything else done on the project. Motion made by Mrs. DiDonato not to issue a Certificate of Compliance until all work was completed. Second by Mr. Kozloski. VOTE 5 - 0 Mr. Smith informed the Commission that he felt a list of items not yet completed should be sent to Mr. Suprenant. Mr. Kozloski. and Mrs. DiDonato expressed concern that if a list is prepared and the Town does all the work in compliance with that list,* what happens if something was left off the list. Motion made by Mr. Smith to send a letter to the Engineering Division outlining what work the Commission felt still needed to be done for a compliance. Second by Mr. Ayers., VOTE 3 - 2(Kozloski & DiDonato) Mr. Smith will prepare the list for the engineering division noting on the list that this list is not to be construed as all the necessary work. • WHITE OAKS DRIVE The Commission received a complaint regarding a failed septic system that was draining into the brook behind the property. Mrs. Nelsen and Mr. Smith inspected but could not see any drainage going into the brook. LUI�MOSE EQUIPMENT CORPORATION - Joseph Mendes The Commission received a copy of a letter dated July 20, 19819 from the Department of Environmental Quality Engineering to Mr. Joseph Mendes, Lumarose Equipment Corporation. In the letter is requested work to be done by Mr. Mendes to stabilize the area of the brook. (Letter attached). Mrs. Nelsen and Mr. Smith inspected that property to see if the work ordered had begun. At the time of inspection no work had taken place. Motion made by Mr. Smith to send a letter to DEQE informing them that Mr. Mendes has not yet complied with their order. Second by Mr. Ayers. Mr. Kozloski questioned as to how the State could possibly issue an inforeement order on February 17, 1981 , when the Commission didn't issue their order until April 1981 . • Draft Minutes Conservation Commission September 10, 1981 - 4 - Mrs. Nelsen informed the Commission that the State wants their order • of February 17, 1981 complied with before the Commissions order is carried out. Mrs. Nelsen also stated the reason for the inspection was to keep DEQE up to date. Mr. Kozloski discussed the fact that the Commission had made every attempt to discuss this project with the State before the Commission issued their order in April, the State never responded to the Commission' s letters or phone calls. Mr. Kozloski feels if the State wants to over ride the local Commission and issue orders, then they should be the one checking to see the work is complied with. Mrs. Nelsen informed the Commission if there was no further discussion, the was a motion and a second on the floor. VOTE 3 - 2(Kozloski & DiDonato) NEW BUSINESS: UBIN RIDGE III On April 27, 1981 the Commission issued a Order of Conditions to ,-Frank Solitario for work to be performed on Robin Ridge III - West Bluejay Lane and Chickadee Lane. That order was later appealed by Mrs. Nelsen, Mr. Smith, and Mr. Suprenant, amoung others. Other members of the Commission are now questioning if Mrs. Nelsen • can attend at meeting (which was called by the State for an on-site inspection) as an appellant, then report on that meeting to the Commission as their Chairman? Attorney Bonavita informed the Commission as far as reporting public information I see no problem. But he does not feel discussion should take place between the Commission members until the State has made a decision one way or another, as far as on-site inspection that should be an independent party reporting to the Commission. ROUTE 57 - NEW ENGLAND RESEARCH, INC. Mrs. Nelsen informed the Commission that she had had an indept meeting with Paul Erickson from NER Mike Suprenant, and Don Preston were also present at this meeting. The purpose of this meeting was outline the Commission concerns over Rt. 57. NER is suppose to review all the information, study the plans, and then respond to the Commission' s concerns regarding the building of Rt. 57. This report will then enable the Commission to write their report to the Council. It was explained to the Commission that Mr.. Suprenant and Mr. Preston were present to supply information they had on Route 57 and Silver Lake. • Mrs. Nelsen informed the Commission that she did hire NER and the approximate price would be $800.00. The report will be ready by September 18, 1981 . Draft Minutes Conservation Commission September 10, 1981 - 5 - HERBICIDE; MEETING - Report from Mr. Smith There was a meeting in Southwick on September 3rd between Town Officals, Northeast Utilities, and speakers for and against herbicide spraying. Northeast Utilities have been spraying trees along their power line,, these trees if left to grow will eventually grow into the power lines. At present Northeast Utilites have placed a voluntary moratorium on spraying until some action is taken on the house bills regarding this matter. One major concern with Southwick and other communities is that the spraying is done with a chemical called Banvel 520 which contains diacamba and 2-4-D, this chemical was found in Agent Orange. Southwick has suggested that Northeast Utilities calculate the amount of money spent on maintaining the power lines, this amount ' would ,instead be paid to the Town -of Southwick who would in turn contact either the DPW or a group of citizens to maintain the right- of-way. This way elimate spraying. The Commission was also informed that if Northeast Utilities decides to begin spraying again they only have to give Agawam a 21 day notice. The Commission will contact Rep. Edward Connelly and request copies • of these bills. After the bills have been received the Commission will research them, and send some type of letter to the Town Council. Mrs. DiDonato requested that the Commission discuss Cease & Desist Orders at the end of the agenda. Motion made by Mrs. DiDonato that when a Cease & Desist Order is sent out a letter accompanies the order asking the owner of the property to attend the meeting Second by Mr. Ayers. VOTE 5 - 0 CORRESPONDENCE The Commission received a copy of a letter from Commissioner Frederic Winthrop to Dean Amidon, Commissioner, Department of of Public Works. The letter was dated July 31 , 19819 concerning the Agricultural Preservation Restriction Program. Letter attached. Draft Minutes Conservation Commission September 10, 1981 - 6 - A letter was received from the Executive Office of Environmental Affairs regardin the project Robin Ridge III. It was stated in the letter that ohn A. Bewick, Secretary has determined that this project does not require an Environmental Impact Report. There are certain guidelines that the developer will have to follow. The Commission also discussed the Clean Lakes Bill and the Bottle Bill, they will requested copies of these from Rep. Connelly. After the bills are received this item will be placed on the next agenda. Meeting adjourned at 10:45 P.M. Draft Minutes Conservation Commission August 27, 1981 MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Dorothy Nelsen Henry Kozloski Anthony Bonavita, Esq. Elaine DiDonato Mike Suprenant, Town Eng. William Smith Robert Ayers Helmuth Plathman Meeting called to order at 7: 35P.M. Continuation of Public Hearing for David Fearn - Losito Lane Plans were submitted to the Commission showing the location of the house, brook crossings, and all erosion control measures. Mr. Suprenant informed the Commission that he reviewed the plane - and found no problems with them. Mrs. Nelsen asked if the Commission had any questions regarding the filing. There were none. , Mrs. Nelsen then asked if any of the public in attendance had any questions. There were none. Mr. Fearn waa informed that the Commission would issue him a Order of conditions within 21 days. After the order is issued there is a 10 ay appeal period. HOPE FARMS DRIVE Bernardes - Pedro; petitioners. The Commission had requested additional information from the petitioners, as of this meeting the information had not been supplied. The Commission also received a memeo from the Board of Health info-rming them that holding tanks are not allowed in the Town. i The petitioners discussed ejector pumps with the Town Engineer, they were informed that they have to be installed in accordance with -the Town Plumping Code. The petitioners also discussed the- possibility of hooking up to the existing sewer system on Paul Revere Drive. This will be researched by the Engineering Division before permission would be given. r Motion made by Mr. Smith' to send a follow-up letter to the petitioners once again specifing the needs of the Commission, Second by Mr. Dyers. VOTE 5 - 0 braft •Minutes Conservation Commission August 27, 1981 - 2 - J.D.S. - Request for Compliance - Lot #9A The property had been inspected by the Commission, and was in compliance with the Order of Conditions. Motion made by Mr. Smith to issue a Compliance for Lot #9A, South Street. Second by Mr. Ayers. VOTE 5 - 0 School Street and Southwick Street - Request for Compliance - Town of Agawam The property had been inspected by the Commission, and was in compliance with the Order of Conditions. Motion made by Mr. Ayers to issue a Compliance for the work performed on School Street and Southwick Street by the Town of Agawam. Second by Mr. Smith. VOTE 5 - 0 Beech Hill Road, Lot #49 - Request for Compliance. The property had been inspected by the Commission, and was in compliance with the Order of Conditions. • Motion made by Mr. Smith to issue a compliance on Lot #49, Beech Hill Road. Second by Mr. Flathman. VOTES - 0 Marlene Drive . At their last meeting the Commission had sent a letter to Calabrese Construction informing him they felt a filing was necessary on.. the work being performed on Marlene Drive. The Commission was informed by Mr. Calabrese that they were not working within 100 feet of a wetland, and that the fill by the brook was not part of hie ' property. The Commission was informed that the property by the brook was owned by Mr. Santinello. Motion made by Mrs. DiDonato to send a letter to Mr. SantiAello and Mr. Calabrese requesting that they inform the Commission within 21 days of the work being performed in that area. Second by Mr. Flathman. VOTE 5 - 0 w' • w. Draft Minutes Conservation Commission August 27, 1981 - 3 - Hendom Heights - Discussion on drainage Mr. Williams resented plans to the Commission explaining the brook P P p g e crossing, the cul-de-sac , and the erosion control measures. Mr. William was informed the work should not commence until the Commission has given approval of the plans, and since the plans were just presented the Commission would need time to review them. This item will be placed on the next agenda. NEW BUSINESS: Valentine Terrace - Request for Compliance - Town of Agawam The Commission received a letter from the Engineering Department requesting that a Compliance be given on this project. The Commission will conduct an on-site inspection on Monday. Hampden Fields - River Road -- Request for extension permit. Mr. Solitario has requested that the Commission issue him a one years extension on this project. The Commission will conduct an on-site inspection before voting on the extension permit. • Route 57 At a previous meeting Mr. LaFleur had asked Attorney Bonavita if in fact the granting of -the Agricultural Preservation Restriction Act would in any way harm the construction of Route 57 or any major highway. A formal vote was not taken at that time, Attorney Bonavita is requesting a vote before he begins his research. Mrs. Nelsen informed the Commission that she received a letter from the State informing him that the Boglish Application for South West Street had been denied. Mrs. DiDonato informed the Commission she felt the question should still be research in case this were to come up again. Motion made by Mrs. DiDonato to instruct our Attorney to research whether or not the granting of( the Agricultural Preservation Restriction Act will in any way harm the construction of Route 57 or any other highway construction. Second by Mr. Flathman. VOTE 4 - 1 (Ayers - against) i • All information pertaining to the grant will. be forward to Attorney Bonavita for his review and recommendations. Draft Minutes Conservation Commission August 27, 1981 - 4 - At the last meeting it was suggested that the Commission hire a consultant to review the 25% review of Route 57. The consultants would research the effects on the wetlands. Mrs. Nelsen contacted New England Research, Inc. , and was instructed that a Mr. Paul Erickson, Wetland Specialist, would be doing most of the reseach if the firm was hired. Motion made by Mr. Smith to hire New England Research, Inc. , as consultants to review the 25% review, an authorize the expenditure of not more than $1000.00 to cover the research. Second by Mrs. DiDonato. VOTE 5 - 0 Adams Street - Request for Determination Mrs. Harpin has request that the Commission make a determination on Lot #4 Adams Street, of which she is the owner. The Commission will conduct an on-site inspection to make that determination. Robin Ridge III - MEPA Meeting It was discussed that there was a meeting between Mr. Solitario+ DEQEE, • MEPA, the Conservation Commission, and members of the appeal group . (which contained Mrs. Nelsen, and Mr. Smith). Mrs. DiDonato questioned whether or not they had the right to discuss the meeting since the Chairman of the Commission was part of the appeal group. She also felt that since the Commission was split on this project, they should leave it up to the State. Attorney Bonavita will look into whether or not the Commission should hold discussion on this project considering the facts behind it. Main Street Dump - Grasso It was brought to the attention of the Commission that Mr. Grasso has been filling within the 100 year flood plain. Also discussed was whether or not an assignment had ever been given to Mr. Grasso. Mr. Grasso contends that an assignment was issued to him in 1965, but the Commission can not find any information on this. It was discussed that Mr. Grasso should be required to apply for an assignment again. Motion made by Mr. Flathman that the Commission schedule an on-site inspection and formally notify DEQE of what action the Commission plans to take. Also the Commission feels that an application should be filed by Mr. Grasso for an assignment to comply with Chapter 111 , Section 158. Second by Mr. Smith. • VOTE 5 - 0 Draft Minutes Conservation Commission August 27, 2981 - 5 - J • Lumarose Equipment Corporation - Mr. Mendes The Commission received a copy of a letter that was sent to Mr. Mendes from DEQE informing him that they wanted him to removal all material in accordance with their order, which was issued before the Commission issued theirs. Mrs. Nelsen suggested that the Commission make an on-site inspection of Lumarose Equipment Corporation to see if Mr. Mendes is following the orders issued by the State. An on-site inspection will be scheduled for next week. FE-37DiDonato had to leave the meeting at 10:00 P.M. 6 & 8 Agnoli Place - Dumping Complaint The property in question is owned by a Mr. Graziano. The Commission inspected the site and found that there is illegal dumping in the area. Motion made by Mr. Smith to issue a Cease & Desist Order to Mr. Graziano, and instruct him to contact the commission within 7 days. Second by Mr. Ayers. VOTE 4 - 0 White Oaks Drive Mrs. Nelsen informed the Commission that she received a complaint saying there was a failed septic system on White Oaks Drive and it was draining into the brook behind the property. A memo was sent to the Board of Health asking them if they had received any complaints on a failed septic system. They replied that they had none. The Commission will inspect the site on September 3, 1981 . CORRESPONDENCE A letter was received from a Mr. Morawski a resident from Doane Avenue, asking the Commission what they are doing to conserve the farmland in Feeding Hills. Mr. Morawski also referred to the Commission's comments in the Daily News on June 26, 1981 . The Commission will call Mr. Morawski and invite him to a meeting to discuss the questions he raised. Also discussed was a letter informing the Commission df a meeting in Southwick with North East Utilities regarding the proposed spraying. The meeting is scheduled for September 3rd. g member of the Commission Ltes Conservation Commission August 27, 1981 - 6 -- ,to attend this meeting. • of Officers lade by Mr. Smith to nominate Mrs. Nelsen as Chairman of the ition Commission. Second by Mr. Ayers. VOTE 4 - 0 iai rman made by Mr. Ayers to nominate Mr. Smith as Vice-Chairman of �,nservation Commission. Second by Mr. Flathman. 4 VOTE 4 - 0 i f ?,carer •'3n made by Mrs. Nelsen to nominate Mr. Flathman as Treasurer of Conservation Commission. Second by Mr. Smith. VOTE 4 - 0 f retary ••. i :lion made by Mr. Smith to nominate Mrs. DiDora to as Secretary of e Conservation Commission. Second by Mr. Ayers. • t " VOTE 4 - 0 r . r s t I ' rie r Draft Minutes Conservation Commission August 13, 1981 I404BERS PRESENT: PIEMBERS ABSENT: ALSO PRESENT: Dorothy Nelsen Elaine DiDonato Anthony Bonavita, Esq. William Smith Robert Ayers Mike Supre nant, Town Eng. Henry Kozloski Helmuth Flathman Meeting called to order at 7:30 P.M. Due to the lack of quorum, this meeting will contain discussion only. PUBLIC HEARING - David Fearn - Losito Lane Mr. Fearn was asked to present his proposal to the Commission. Mr. Fearn informed the Commission that they are proposing the construotion of a wooden bridge across the brook for access to their property. The plans submitted showed the material to be used and the erosion control measures. The Fearns are also 'proposing to build a house on this property, but did not include the house with their filing. Mr. Fearn informed the Commission that the house would be over 200 feet away from the brook., • The 'Commission informed the Fearn's that most of that property is wetland, and a filing on the house would still be needed. The Commission also express concern over the additional drainage to the area with the upgrading of Shoemaker Lane and the proposed Industrial Park. Mrs. Nelsen informed the Fearns that since a filing would be required on the house, it might be easier for them to file for everything all at once. The Fearns agreed to place the house on this filing and requested the Commission to grant them an extension on the Public Hearing until the next meeting. This hearing will be extended until August 27, 1981 , at 7:30 P.M. Mrs. Nelsen closed the Public Hearing. LARRY RUMPLIK - Lot #90 White Fox Road Mr. Rumplik informed the Commission that he had purchased Lot #90 two years ago from Mr. Beltrandi. At that time Mr. Rumplik was informed that the lot had an approved perk test. Recently he was informed that the Commission issued a"denial on his lot because • there was not an approved perk test. Mr. Aumplik informed the Commission at the time he purchased the lot he was given papers from a 1978 perk test done by Mr. Sabbides stating the lot held a perk test. Draft Minutes Conservation Commission August 13, 1981 - 2 - . Mr. Rumplik was informed by both the Conservation Commission and the Board of Health that they had no record of that 1978 perk test. Mr. Rumplik asked the Commission if he could bring in fill so he could be sure the lot would perk if tested again. The Commission informed Mr. Rumplik that even if fill is used he would still have to have at least 4 feet of naturally occurring pervious soil below the entire leaching facility. Mr. Rumplik was also informed that the reason the denial was issued on his lot was because it had been included in an old filing, and at the time of the new filing the Commission was not aware that the lot had been purchased. The Commission also informed Mr. Rumplik that the perk test is only good for two years, and a new test would have to be taken before the Commission could reconsider lot #90. Also perk test can only be conducted between April 1 and October 15. Mr. Rumplik informed the Commission that he would wait until April and have another perk test taken at that time. OLD BUSINESS: HENDOM HEIGHTS - Request for Extension Permit • The Commission had voted at their last meeting to extend the Order of Conditions for Hendom Heights after an on-site inspection was made to see if any additional work would be needed. At this meeting Mr. Williams presented a revised drainage plan for the area covered in the extension permit. Also contained on the plans were 5 additional lots and a cul-de-sac. Mrs. Nelsen express concern over this stating she did not remember the additional lots and the cul-de-sac. Mr. Suprenant assured Mrs. Nelsen that they were included and the Order of Condition called for the additional plans. Mrs. Nelsen informed Mr. Williams that she would review the Order of Conditions and all the information surrounding this project, to be sure all this additional information was called for before signing the extension permit. This item will be placed on the next agenda. J.D.S. - Lot #9A -- South Street Due to lack of quorum no action was taken. This item will be placed . on the next agenda. ' "J.C41V •Ai;Au 4VV VV1u V1 •(, ViV;A VVWli Vul V4 JaMbKVV /, r / / HOPE FARMS DRIVE - Review of revised plans. • Plans were submitted to the Commission for final approval, upon inspection by the Commission it was found that some of the information request was left off the plans. The petitioners were informed by the Commission that the items still needed were: Book and Page number were plans are recorded; Sewer permits obtained from the D.W.P. ; and item #3 on the plans to read "brook work limited to 25 feet upstream and downstream, cleaning of debris, and area to be mulched and seeded for erosion control.. Also discussed with the petitioner was their suggestion to install holding tanks. The Commission will consult with the Board of Health to determine if holding tanks are permitted in -Agawam: The above information will be furnished by the next meeting. BEECH HILL ROAD - Lot #49 - Certificate of Compliance Although no vote could be taken on this item, it was recorded that Mrs. Nelsen is infavor of issuing the Certificate of Compliance. SCHOOL STREET & SOUTHWICK STREET - Town of Agawam - Certificate of Compliance. The Town is requesting a compliance on culvert and storm drain • systems. Again due to lack of quorum no action was taken on this item, it was recorded however, that Mrs. Nelsen inspected the site and is infavor of issuing the Compliance. REVIEW OF PROPOSED REGULATIONS This item to be placed on the next agenda. ROUTE 57 - Review of revised plans Mr. Suprenant suggested that the Commission attend the next Planning Board meeting and review the plans together. Members will be notified of Planning Board meeting. Attorney Bonavita discussed with the Commission the letter received asking him to research the impack on Route 57 in regard to the Agricultural Preservation Restriction Act. Mrs. Nelsen explained that the question was asked by Mr. LaFleur and at that time a vote was not taken on whether or not to have the Attorney research this. Draft Minutes Conservation Commission August 13, 1981 - 4 - Attorney Bonavita requested that this item be placed on the next • agenda for a vote to determine whether or not the Commission wishes this researched. COMPLAINTS Marlene Drive - It was brought to the Commission's attention that there was work taking place within 100 feet of the wetland. The Commission will send a letter to Calabrese Construction informing them a filing will be necessary. 6 & 8 Agnoli Place It was reported to the Commission that dumping was taking place behind the property. The Commission will contact the owners with the hopes for solving this dumping problem. Grasso - Main Street Dump It was reported to the Commission that the dumping on Grasso's property is now within the flood plain- DEQE has been notified of the • problem. The Commission will place this on their next agenda, and schedule an on-site inspection. CORRESPONDENCE The Commission received a copy of a letter from DEQE to Lumarose Equipment Corp. , informing them that no additional work will be allowed until the fill is removed. X This item will be placed on the next agenda to schedule an on- site inspection. A letter was received from Mr. Suprenant requesting a Compliance be issued on Valentine Street. This item will be placed on the next agenda. w' A memo from "the Town Manager informing the Commission that the . chairman would serve on the committee to.-review the applicants for the Town Planner. Meetings will begin next week. Meeting adjourned at 10:15 P.M. Draft Minutes Conservation Commission June 25, 1981 • MEMBERS PRESENT; MEMBERS ABSENT: ALSO PRESENT: Dorothy Nelsen Henry Kozloski Anthony Bonavita, Esq. , Elaine DiDonato Mike Suprenant, Town Eng. Arthur LaFleur William Smith Robert Ayers Meeting called to order at 7:30 P.M. APPROVAL OF MINUTES - Workshop sessions April 16th & 29th. 'Regular meeting of May 14, 1981 Motion made by Mr. Smith to approve workshop minutes of April 16, 1981... Second by Mrs. DiDonato. VOTE 5 - 0 Motion made by Mr. Smith to approve workshop minutes of April 29, 1981 . Second by Mrs. DiDonato. VOTE- 5 - 0 Motion made by Mr. LaFleur to approve minutes of May -14, 1981 . Second by Mr. Smith. • VOTE .5 - 0 s Attorney Tougas' s letter to DEQE. The Commission received copies of Attorney Tougae 's letter at their last meeting. Attorney Tougas is requesting .a. modifications of- the plans and Order of Conditions on Redwood 'Drive, -B '&' B Land Development, specifically soil erosion control and crawl- spaces. The Commission discussed sending a letter- to DEQE expressing their concerns over this development. Motion made by Mr. Smith to send a letter to DEQE explaining the Commissions concerns. Second by Mr. Ayers. VOTE •- 0 - 1 (DiDonato - Abstention) The Commission drafted a letter to be send to DEQE outlining the following: 1 ) All modifications (if any) should be recorded with the Registry of Deeds; 2) all information regarding the flooding of basements should also be recorded with the Registry of Deeds. The • Commission will also question DEQE's position -on modifing plans and conditions after the appeal period has ended. The Commission will also inform DEQE that they do not feel the Order of Conditions should be changed in any way. Draft Minutes Conservation Commission June 25, 1981 - 2 - • CERTIFICATE OF COMPLIANCE - Charter Oaks The Commission conducted an on-site inspection of the property and found everything to be in order except on Lots #33 the celler floor is about 6 inches below elevations. Motion made by Mrs. DiDonato to issue the Compliance with a notation stating "Lots #33 is 6 inches below elevation." Second by Mr. Smith. VOTE 5 - 0 CERTIFICATE OF COMPLIANCE - J.D.S. - Silver Hill Village Lots #132 & 126 The Compliance was requested for the back yard swale between lots # 132 and 126. The swale was not in the original order of conditions, it was requested by the Commission at a later date to prevent ground water. It was also brought to the Commission' s attention that the homeowners of Lots #132 and 126 have complained that the Swale does not work correctly. There was discussion as to whether or not the Commission could force the developer to correct a Swale that was not in the Order of Conditions. The Commission will contact Attorney Morassi regarding the Commission's • stand on this problem. CERTIFICATE OF COMPLIANCE - Robin Ridge Drive Lots # 83 The Commission conducted an on-site inspection of the property and found all work to be in compliance. Motion made by Mrs. DiDonato to issue a Certificate of Compliance on Lots #83 Robin Ridge.-Drive. Second by Mr. Smith. VOTE 5 - 0 CERTIFICATE OF COMPLIINCE - North Street - Deep Gutter On-site inspections were made and the following problems were found: Hasting Street: Erosion repair and revegetation of the slope and replacing of some berm. Horsham Place Regrading on pipe and slope; berm to -be installed; head-wall not in place. Witheridge Swale not in place. Motion made by Mrs. DiDonato not to issue a Certificate of Complaince for the above mentioned reasons. Second by Mr. Smith. VOTE 5 - 0 • REQUEST FOR DETERMINATION - Suffield Street Lots # 1 & 2 - J.D.S. On-site inspections made of lots #1 & 2. 'UT Draft Minutes Conservation Commission June 25, 1981 - 3 - Motion made by 1,1r. LaFleur that .Lot #1 will not require a filing • under the Wetland Protection Act. Lot #2 will require a filing. Second by Mr. Smith. VOTE 5 - 0 HOPE FARMS DRIVE - Order of Conditions - Petitioners: Alexander. D. Pedro and Joaquim D. Bernardes. The following will be requested in the Order of Conditions : All plans for the proposed water and sanitary sewer lines including., size and locations will be submitted to the Commission for their approval before any work begins;_ erosion control' measures to be, used­clownstream of the driveways; finished ground elevations no lower than 238. 5 feet;_ all work .ins brook to be done. only between•. . `'June 1 _and._October 1 , unless otYierwise approved by the Commission; all disturbed areas will be mulched and' seeded for erosion control; stone pipe ends upstream and downstream of 'culvert pipes; no future filling of the brook; and• any - diltation caused by, construction ' must be cleaned before a compliance will •be issued.' Motion made by Mr. LaFleur to write the Order of Conditions as drafted. Second by Mr. Smith. . VOTE 5 - 0 " The order will be typed for the •members to sign. WHITE FOX ESTATES - Order of Conditions - White Fox Road -Lots #91 '& 97, Partridge- Lane- loots # 93-96. The Commission discussed that back in 1976 -theee same lots were filed on and at that time a denial was issued. 'At that."iime -the percolation tests were done by Robert H. `Sibbides,RS, - it was found 'at -th8t' time " that these lone were " not suitable-and do, Aot. comply with .existing sewage disposal regulations". At the time of the denial the .developer wav informed that if at. some future date it can be proven that these lots .could' be made td. perk, the Commission would again review the proposal. Howeveriat. thf s time the Commission does not feel all, required information has been submitted, such as the installation of septic .systems, protection of ground water and the prevention of pollution. Also ;under .Title V you must have 4 feet of naturally occurring pervious soil below the entire area of the leaching facility, to date that still has not been proven by the developer. Motion made by _Mrs. DiDonato to issue a denial until such .time as the petitioner can prove the feasibility of the septic 'system. Second by Mr. Smith. ' • VOTE 5 - 0 The Commission will issue a denial, and list some of the information . needed to prove feasibility. ♦r'. +M Draft Minutes Conservation Commission June 25, 1981 - 4 - • PINE STREET - Compliant The Commission received a compliant that -digging was being done in the area of the brook. This compliant has previously come before the . Commission and at that time the landowner claimed the land was used . for farming and falls under the Agricultural exemption, as - of this,'..,- . , date no determination has been made. Attorney Bonavita informed the Commission that if the land does fall under the Agricultural exemption any working in the brook area could be consider normal maintenance or improvements. Before the . � Commission goes any further Atty. Bonavita suggested the Commission go and inspect the area to determine exactly what work is being done, ; and if the brook is involved with the Agriculture use.- The Commission will send a letter to the landowner and request that they explain to the Commission exactly what work they are going.. RISING ZONE CHANGE Mr. Smith wished to have some additional information regarding this property forwarded to the Planning Board. This additional information concerns soil types on the property, this information was left off the • original report. HENDOM HEIGHTS - Extension Permit Mr. Williams of the Westfield Savings Bank is requesting a one year extension on project number 87-86. Motion made by Mr. LaFleur to issue -a one year extension on Hendon Heights Project number 87786. : Second by .Mrs. DiDonato. VOTE 2 '. 3 (Nelsen,Smith;Ayers) Mrs. Nelsen felt before the extension was issued an .bn-site inspection should be made so the Commission can update their completion. list, and see if any additional work is' needed. Motion made by Mr. Smith to grant an extension on Hendom Heights, Project number 87-86 after an inspection has been made by the Commission. Second by Mr. LaFleur. VOTE 5 - 0 POLICY 14EEETINGS Mrs. Nelsen suggest this be tabled until the New Regulations for the • Wetland Protection Act has been adopted. The Commission agreed. Draft Minutes Conservation Commission June 25, 1981 - 5 - • REVIEW OF CORRESPONDENCE A copy of a letter send to DEQE from Conlon Associates regarding Solitario's project West Blue Jay Lane and Chickadee Lane, file number ' 87-115. Conlon Associates was informing DEQE that they are filing with MEPA but are requesting. more time. J.D.S. send a letter to the Commission requesting a Compliance on lot #9A . South Street. An on-site inspection will be made by the Commission and this item will , be placed on the next agenda., Timothy Brennan from the Lower Pioneer Valley: Regional Planning Commission send a copy of a letter he sent to Frederic Winthrop .of the Department of Food and Agriculture regarding .the .Agricultural Preservation, Act on South West Street. This letter was to -inform the Department of Food and Agricultural on how the L.P.V.R.P.C. , felt' .on this project. • COMPLAINTS The Commission received a copy of a police report regarding a complaint on Agnoli Place. According to the police report there was dumping of concrete blocks and debris to the rear of the property at ,b,. & 8 . Agnoli Place. The Commission will conduct an on-site inspection, of this area and place it on their next agenda. A complaint was received from the Engineer Division regarding fill within 100 feet of the brook on Marlene: Drive. The Commission will conduct an on-site inspection and place this item on their next agenda. NEW REGULATIONS for the WETLAND PROTECTION ACT. Mrs. Nelsen informed the Commission that she had attented the Public Hearing and reviewed with the Commission some, of the 6omments made. Mrs. Nelsen suggest the Commission review the new regulations• and they • will discuss one part at each meeting until all the regulations have been reviewed. Next agenda discussion will be on the. preamble. Draft Minutes Conservation Commission June 25, 1981 • ELECTION OF OFFICERS This item will be placed on the next agenda. At the end of the meeting Mr. LaFleur wished to discuss an item that was not on the agenda. Motion made by Mr. LaFleur to suspend the Rules & Regulations and discuss a item not on the agenda. Second by Mrs.- DiDonato. VOTE 5 - 0 Mr. LaFleur directed his questions to Attorney Bonavita for research. "Will the granting of the Agricultural- Preservation Restriction Act on South West Street in any way harm the construction of.'Route 57?" This questions- 'will be sent in writting to Attorney' Bonavita for his comments. Meeting adjourned at 11 : 15 P.M. Draft Minutes Conservation Commission June 11 , 1981 • MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Dorothy Nelsen Elaine DiDonato Anthony Bonavita, Esq. Henry Kozloski Arthur LaFleur Mike Suprenant, Town Eng. William Smith Robert Ayers Meeting called to order at 8:00 P.M. APPROVAL OF MINUTES - Workshop meetings April loth & 29th. Regular meeting May 14, 1981 . Motion made by Mr. Smith to table approval of minutes until the next meeting. Second by Mr. Kozloski. HOPE FARMS DRIVE - Continuation of Public Hearing for Alexander D., Pedro and Joaquim D. Bernardes. The Public Hearing was held on May 28, 1981 , at that time Attorney Ladizki requested a continuation of said hearing. Commission so agreed. Attorney Ladizki informed the Commission that all required additional • information had been placed on the plans. The Commission held discussion on mulching and seeding for erosion control, where haybales would serve best, ground elevations, and various other erosion control methods. Mr. Suprenant informed the Commission he will review the plans and submit his recommendation after he has conducted an on-site inspection. Mrs. Nelsen asked if there were any further questions. There were none. Nirs. Nelsen informed the petitioners that the Commission would issue an Order within 21 days, after the Order is issued there is a 10 day appeal period. Mrs. Nelsen closed the Public Hearing. PUBLIC HEARING - White Fox Estates - White Fox Road Lots #91 & 97; Partridge Lane Lots #93-96. The Commission was informed that the petitioners intends ' to construct single family homes on the above mentioned lots. The procedure would be to excavate all unsuitable soils and materials out of leaching areas and fall to finished grade with suitable material. Houses, drives & sanitation systems are to be constructed in conjunction with the lot development when necessary permits are obtained. • The Commission major concerns would be ground water, soil types and septic systems. Mr. Suprenant informed the Commission he would have his input after he conducted an on-site inspection of the property. Draft Minutes Conservation Commission June 11 , 1981 - 2 - • The Commission will also conduct an on-site inspection of the property. Mrs. Nelsen asked if there were any other questions. There were none. Mrs. Nelsen informed the petitioner that the Commission will inspect the property, and review the engineer's report and issue an Order of Conditions within 21 days. Also after the Order is issued there is a 10 day appeal period. Mrs. Nelsen closed the public hearing. REVIEW OF CORRESPONDENCE Mrs. Nelsen informed the Commission of a student from - the Springfield College who was interest in volunteer work for college credits. His major is in Environmental Science. The Commission was in agreement that they should contact him and set up a meeting to find out if he could help the Commission with some of their work. A complaint was received in regard to Pine Street for work being conducted on 230-254 Pine Street. This has previously come to the Commission attention� at that time the owner was contacted and informed • the Commission that he was farming. The Commission will conduct an inspection of the property, and in the meantime they have requested their Attorney to research the Agricultural exemption, which the owner feels his property falls under. The Commission received a copy of a -letter from the Department of Food and Agriculture to Mr. Bowen in regard to the Agricultural Preservation Restriction Act on South West Street. This letter was thanking Mr. Bowen for his letter and suggesting that it might be possible for the Department to work with the Conservation Commission to solve their problems with this grant. There was discussion as to whether or not the previous vote to withdraw the Commission's support can be reconsidered. Attorney Bonavita informed the Commission that to reconsider that vote, a member who voted against the grant would have to be the one to request that it be reconsidered. • Draft Minutes Conservation Commission June 11 , 1981 - 3 • The Commission received a copy of a letter from Attorney Tougas(Atty. for B - B Land Development) to the DEQE regarding Redwood Drive. All members were given copies of the letter to review. This item will be placed on the next agenda after the members have had time to review the letter. J.D.S. has requested a Determination on Lots #1 & 2 Suffield Street, Silver Hill Village. The Commission will conduct an on-site inspection and place this on their next agenda. The Commission received copies of the proposed regulations for the Wetlands Protection Act. After the Commission members have reviewed this material it will be placed on the agenda one part at a time. ON - SITE INSPECTIONS: Charter Oaks - Certificate of Compliance Mr. Smith informed the Commission that only Mr. Liquori and himself inspected this property. It was discussed that the elevations should be check along with conditions numbered 12, 13 & 14. A memo will be sent to the Town Engineer requesting he check the elevations. J.D.S. - Certificate of Compliance J-.D.S. is requesting a compliance on Lots #132 & 126 Silver Hill Village Motion made by Mr. Smith to table this item until the next meeting when more members have inspected the area. Second by Mr. Ayers. VOTE 4 - 0 Robin Ridge Drive Lot # 83 & North Street, Deep Gutter These item will also be placed on the next agenda. • Motion made by Mr. Kozloski to send memo's to all members indicating where inspections should be made. Second by Mr. Smith. VOTE 4 - 0 Motion made by Mr. Kozloski to adjourn. Second by Mr. Smith. VOTE 4 - 0 • Draft Minutes Conservation Commission May 28, 1981 MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Anthony Liquori Dorothy Nelsen Anthony Bonavita, Esq. Henry Kozloski Elaine DiDonato Arthur LaFleur William Smith Meeting called to order at 7:30 P.M. APPROVAL OF MINUTES - May 16, 1981 - Workshop Sessions - April 16th & 29th. Motion mady by Mr. Smith to table the approval of minutes until the next meeting. Second by Mr. LaFleur. VOTE 5 - 0 PUBLIC HEARING - HOPE FARMS DRIVE -. Alexander D. Pedro & Joaquim B. Bernardes. Attorney Ladizki was present to represent the petitioners. It was requested by Atty. Ladizki that the Commission grant a two week extension of this Public Hearing. • Motion made by Mr. Kozloski to extend the Public Hearing until the Commission' s next meeting of June 11 , 1981 . Second by Mr. LaFleur. VOTE 5 - 0 CERTIFICATE OF COMPLIANCE - Nicole Terrace - Charter Oak Drive. A letter was received from Attorney Edward Gallagher requesting a Compliance on Nicole Terrace and Charter Oak Drive. Atty. Gallagher explained that Park West Bank & Trust Company had taken control of this from the Agawam Builders, Inc. The Commission discussed that the State had issued a• superseding order on this property, after Agawam Builders, Inc. , had appealed the Commissions original order. It was suggested that the' Commission first ins- 2 spect the property, and then if there is a problem ask the representative to come to a meeting. Motion made by Mr. Kozloski to table this matter until aii on-site inspection could be made. Second by Mr. LaFleur. VOTES - 0 CERTIFICATE OF COMPLIANCE - Lots #126 through #1329 Silver Hill Village • J.D.S. submitted a letter to the Commission requesting a Certificate of Compliance on a drainage swale running between lots #126 through #132. Motion made by Mr. LaFleur to conduct an on-site inspection of the property. Second by Mrs. DiDonato. VOTE 5 - 0 Draft Minutes Conservation Commission May 28, 1981 - 2 - i ZONE CHANGE - Leonard Rising The Planning Board sent a memo to the Commission asking them for any comments or recommendations they may have concerning this zone change. The Commission had conducted an on-site inspection of the property at the request of Mr. Rising. The Commission - express their concerns to be with the pond and soil conditions. The area will be sewered, so there is no problem with septic tanks. The Commission will send a report to the Planning Board explaining their concerns with the property. Motion made by Mr. LaFleur to send a report to the Planning Board explaining their concerns with the pond and soil conditions. Second- by Mr. Smith VOTE- 5 - 0 Mr. Smith will prepare the report to the Planning Board. ZONE CHANGE - Thomas Russo This item had been left of the agenda, the Commission must also respond - to this by June 4, 1981 . • Motion made by Mrs. DiDonato to suspend the rules to discuss the Russo's Zone Change request for 204 Suffield Street, due to an emergency nature. Second by Mr. LaFleur. VOTE 5 - 0 The property is located at 204 Suffield Street, the Commission has been working with the,.-brook on this property for the past 2 years. There was general discussion regarding the many problems the Commission has had with this brook. It was suggested that the Chairman attend the Planning Board's Public Hearing and explain to the Board that the Commission is already quite involved with this .property, and outline the problems the Commission is having. Motion made by Mr. gozloski to present all the information the Commission has on this area to the Planning Board. Presentation to be made by the Chairman of the Commission. Second by Mr. Smith. VOTE 5 - 0 DRAFT ORDER OF CONDITIONS - Rosati - Anthdny Street Mr. Suprenant, Town Engineer, was not present at this meeting to present his comments and recommendations. Mr. Suprenant also had the only plan. . It was discussed that the plan did contain all erosion control measures, and was a good constructed plan for the Commission's needs. Draft Minutes Conservation Commission May 28, 1981 - 3 - • Motion made by Mr. Kozloski that the Order of Conditions should be based on the plans submitted by Mr. Rosati and any further comments submitted by the Town Engineer. Second by Mr. LaFleur. VOTE 5 - 0 REVIEW OF WEEKLY CORRESPONDANCE A letter was received from the Attorney for B & B Land Development. The letter was quite extensive, it will be copied and submitted to the Commission at their next meeting, for their review. Also received was a copy of a letter sent to the Town Manager from the Department of Food and Agriculture. The letter indicated that the Dept. , ' of Food and Agricuture would like to work with" the .Commission in regard to their concerns. Mrs. Nelsen submitted a letter to the Commission regarding _ their planned executive session. It was requeated -that'the letter be read at the open meeting. The letter read as follows: Mr. Anthony P. Liquori, Chairman Agawam Conservation Commission • RE: Proposed Executive Session of May 28, 1981 Please be advised that I am, and will continue to be, fully accountable for any actions I have taken as a Conservation Commissioner to the proper authority--that is the appointing authority. ' Throughtout my eight years of service to the Commission and the Town of Agawam, I have continually sought to preserve the credibility of the Agawam Conservation Commission and have unfailingly committed myself to actions which were in the best interest of the community. My record speaks for itself. Therefore I do now question your authority to hold this executive session for the stated purpose and I will only attend such meetings as are held within the proper forum. Dorothy Nelsen Mr. Liquori received a letter from the Town Manager regarding the same subject as the above letter. Copies of this letter were also sent to the Commission members----hand delivered by the Agawam Police !;Dept. There was discussion on whether or not the Managers letter should be read. The Commission was informed that the letter did not come through the office it was sent directly to the Commissioners. Mr. Liquori • stated he wished the letter entered into the minutes. Draft Minutes Conservation Commission May 28, 1981 - 4 - • The letter read as follows : Mr. Anthony Liquori : After considerable thought and appropriate consultations, I have concluded that the Conservation Commissions meeting and/or executive session scheduled for this evening is at best improper, at worst illegal, both as to form and substance. It falls therefore that I will not be in attendance at this meeting, or otherwise participate in it. , Should the meeting go forward as planned, I would view this with the utmost concern as to the duties and responsibilities of the Conservation Commission, and its individual members, and especially as to whether or not the Agawam's town peoples interests are being best served. Richard Bowen Mr. Liquori asked Attorney Bonavita if the rules for an executive session had been followed by the guidelines of the law. Attorney Bonavita informed that Commission that he has no comment on the letter received from Mr. Bowen, but, as far as I am concerned the executive session that you were go to hold tonight at 9:00 P.M. , whether you hold it of not, as far as I am concern, it is legal. • Motion made by Mr. LaFleur to recess until 9:00 P.M. Second by Mrs. DiDonato. VOTE 5 - 0 Meeting reopened at 9 :00 P.M. Motion made by Mrs. DiDonato to enter into Executive. Session. Second by Mr. LaFleur. VOTE 3 - 2 (Kozloski - Smith) At this point Mr. Kozloski - and Mr. Smith left the meeting which l.eft the meeting without a quorum. The Executive Session could not be continued. After the Executive Session was cancelled Mr. Kozloski, and Mr. Smith returned to the meeting. Motion made by Mr. Kozloski that the Commission schedule a 1 hour workshop session on the organization of procedures for the Conservatian Commission. Second by Mr. Stith. VOTE 2 - 3(Liquori,Wleur,Di.Donato) Motion made by Mr. LaFleur to bring the Commission,. as a group, to a'. • special meeting with the Town Manager to discuss the problems of the Commission. Second by Mrs. DiDonato. VOTE 4 - 1 (SmLth) Meeting adjourned - 9 :45 P.M. Draft Minutes Conservation Commission May 14, 1981 • MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Anthony Liquori Dorothy Nelsen Anthony Bonavita, Esq. Henry Kozloski Elaine DiDonato Arthur LaFleur William Smith 7:35 P.M. Meeting called to order at 7:30 P.M. APPROVAL OF MINUTES - April 231, 1981 Motion made by Mr. LaFleur to approve minutes of April 23, 1981 with corrections. Second by Mr. Kozloski. VOTE 4 - 0 PUBLIC HEARING - John & Dorothy Rosati - Anthony Street Mr. Liquori called the Public Hearing to order at 7:35 P.M. Attorney Teahan was present to represent the petitioners. Atty. Teahan explained that the Rosati's would be working on 3 lots, 2 of which • they owned, and one owned by Charles Calabrese. It was explained that Mr. Rosati will not begin construction until the Town has completed their work on Valentine Terrace. It is Mr. Rosati's understanding that once the Town has completed their work it will stop the flow of water over Rosati's lots. Also included on the plans were all proposed erosion control measures. Mr. Liquori asked if there were any questions. There were none. The ' petitioners were informed that the Commission would review the plans and issue an Order of Conditions within 21 days. Mr. Liquori closed the Public Hearing. REQUEST FOR COMPLIANCE - Lot 83 - Robin Ridge Drive. The Commission received a request for Compliance on Lot #83. It was discussed that 3 weeks ago there had been no work done on this property as far as grading and seeding. The Commission will conduct another on-site inspection this week. REQUEST FOR COMPLIANCE - North Street -- Deep Gutter A letter received from Tighe & Bond by the Commission, is requesting a Certificate of Compliance on the Deep Gutter Project. • The Commission will conduct an on-site inspection on this project. a Draft Minutes Conservation Commission May 14, 1981 - 2 - . EXTENSION REQUEST - Phase II Sewer Project Mr. Suprenant, Town Engineer submitted a letter to the Commission requesting a one year extension on this project. Motion made by Mr. gozloski to extend the Order of Conditions on this project for the period of one year. Second by Mr. LaFleur. VOTE 4 - 0 - 1 (Smith - Abstention) EXTENSION REQUEST - Valentine Terrace Project. Mr. Suprenant, Town Engineer, submitted a letter to the Commission requesting a one year extension on this project. This project is expected to be completed on or before October 1 , 1981 ; Motion made by Mr. gozloski to extend this Order of Conditions for the period of one year. Second by Mr. LaFleur. VOTE 5 - 0 REDWOOD DRIVE • Mr. Iantosca from DEQE sent a letter to Attorney Bonavita. The letter stated an enforcement order would be issued in May and a copy -would be forwarded to the Commission. HOPE FARMS DRIVE Attorney Ladizki was not yet present to discuss this item. EXECUTIVE SESSION Attorney Bonavita was askdd how to go about scheduling an executive session. Attorney Bonavita informed the Commission that it would have to be placed on the Agenda and posted. Also you would have to vote to place this item on your agenda for your next meeting. It was discussed whether or not the Commission should invite the Manager to the Executive Session. The Commission instructed their Attorney to look into the legality of this. II Motion made -by Mrs. DiDonato to go into Executive Session at the next meeting for the purpose of "to consider the ' discipline or dismissal of, or to: hear complaints, or charges brought against, a public officer, f • employee, staff member, or individual'!. Second by Mr. LaFleur. VOTE ,4 - 1 (Smith) Draft Minutes Conservation Commission May 14, 1981 . - 3 . UOPE FARMS DRIVE - Attorney Ladizki Attorney Ladizki showed plans to the Commission for a Notice of Intent he will be filing in two weeks. Atty. Ladizki wanted suggestions from the Commission on the design of the plane. The Commission reviewed the plans and explained to Atty. Ladizki that they would need drainage calculations, finished contours of the driveways, cross-sections of driveways, locations of houses, and surface water, run-off. Attorney Ladizki will submit the revised plans and the Notice of Intent to .the Commission. i . The Commission had received a letter that the Board of Appeals would be hearing the petition of Frank J. Solitario, to remove top soil from Hampden Fields Subdivision. It was asked if the Commission had any input. Motion made by Mr. Smith to suspend the rules and act on this correspondence regarding Hampden Fields. Second by Mrs. DiDonato. VOTE 5 - 0 • There was discussion that the top soil was the result of street construction. Motion made by Mr. Kozloski to sent a letter to the Board of Appeals stating that the Commission sees no problem in removing the excess top soil due to street construction. VOTE 5 - 0 h A letter was received from the Rollerway Inc. , informing the Commission that they had hired an engineering firm to do a feasibility study. They will keep the Commission informed on the progress of this. The Commission was informed that on June 4, 1981 , the Planning Board would be holding a public hearing for a zone change request by Leonard Rising. It was discussed that all Commissioners had received letters from Mr. Rising requesting them to go and inspect the property with Mr. Rising. The Commission will make this inspection on' Saturday. The Commission was informed that on June 4, 1981 , the Pla=ing Board would also be holding a public hearing for a zone change request by Thomas Russo. Draft Minutes Conservation Commission May 14, 1981 - - The Commission will revis.w this proposal and submit their comments to • the Planning Board. LUMAROSE CONSTRUCTION COMPANY A letter was received from the DEQE stating they had appealed the Commission's Order of Conditions issued to Lumarose Construction Co. Also the State will conduct an on--site inspection on 'May 15, 1981 , at 11 :00 A.M. There was discussion that the Commission feels their Order of Conditions is sufficient for the work needed in that area. Motion made by Mr. Kozloski to stand by our original Order of Conditions which we believed addressed the area very adequately, to prevent any major problems to the wetlands. Seoond by Mrs. DiDonato. VOTE 4 - 0 - 1 (Smith - Abstention) The Commission was also informed that their Order of Conditions issued to Mr. Frank Solitario for Robin Ridge had been appealed by a Citizen Appeal group headed by Mrs. Dorothy Nelsen. The Commission had two questions for Attorney Bonavita. regarding this appeal. 1 ) Can a member of the Commission who partioipates in a decision be a party to a citizens appeal of the very 'same decision. 2) Can a Town Official who participates in a Commission's decision initiate and be the representative of a_ citizens group who appeals that very same decision. Attorney Bonavita instructed the Commission to send this questions in a letter, and he will respond in writing. Mr. Smith had wanted changes added to the minutes. It was stated that the minutes had been approved at the beginning of the meeting, and to change them now would first require a vote to reconsider the original motion. Motion made by Mr. Smith to reconsider the original motion for the approval of the minutes. There was, no second. • Meetink adjourned at 9:50 P.M. II a I I Draft Minutes -- Worlwshop Conservation Commission April. 29, 1981- MOGERS PRESENT:: MEMBER ABSENT: 40 Anthony Liquori Dorothy Nelsen Arthur LaFleur William Smith Henry Kozloski Elaine Di Donato Meeting called to order at 7 :20 P.M. Discussed the necessity of following "Robert's Rules - of Orders", , at the meetings. Discussion on procedure to follow after Public Hearing. Adoption of a "check list" should resolve problems. Discussed request for Executive Session at next regular meeting (May 14, 1981 ) . Mr. Bowen to be asked to attend. Reviewed - "Form of Review" and "on--site inspection", that had been submitted by airs. Nelsen. Minor changes suggested. Discussed camera and slides that Mrs. Nelsen has . Everyone present will continue to work on agreed lists and forms • originally assigned. Meeting adjourned at 9 :35 P.M. .w r . Draft ]`Minutes Conservation Commission April 23, 1981 • MEMBERS PRESENT; ALSO PRESENT: Anthony Liquori Anthony Bonita, Esq. Henry Kozloski Mike Suprenant, Town 1�ngineer Elaine Di Donato Arthur LaFleur William Smith Dorothy Nelsen - 8:25P.PM. Meeting called to order at 7 :40 P.M. APPROVAL OF MINUTES - April 9, 1981 Motion made by Mr. LaFleur to approve minutes for April 9, 1981 with corrections. Second by Mrs. Di.Donaio. VOTE 5 - 0 ROLLERWAY - Main Street Susan Maiolo was present to represent the Rollerway.. It was explained the problem is in early stages right now, and - can easily be recified. The problem is erosion .by the parking lot. • The Commission informed Ms. Maiolo that it would be easier to explain on an on-site inspection. Inspection date was set for Saturday morning. ROBIN RIDGE ESTATES - Draft � Order of Conditions. Notice of Intent was submitted on April 6, 1981 , and public hearing was held for lots 109-116. Mr. Suprenant informed the Commission that more drainage calculations would be needed, and any building would 'be contingent on the ,installation of" Sanitary Sewer. Motion made by Mr. LaFleur to write the Order of Conditions. on Lots # 109-114. Second by Mr. Kozloski. VOTE 5 - O , Motion made by Mr. LaFleur to deny, development on Lots # 115' & 116 until the developer can supply extensive drainage calculations and water tables Second by Mr. Kozloski. VOTE 5 - 0 • Motion made .by Mr. LaFleur to deny development on Lots # 117 and 118. Second by Mr. Kozloski. VOTE 5 - 0 The Commission drafted the order using the first motions w the first three conditions. Also included in the order was any building will be Draft Minutes Conservation Commission April 23, 1981 - 2 - • contingent on the installation of the Sanitary Sewer and Public Water. Mrs. Nelsen arrived at 8:25 P.M. Mrs. Nelsen informed the Commission she believes the whole project should be denied. Motion made by Mr. Smith to reconsider the previous motions for this project, to possibly deny the project. Second by Mrs. Nelsen. VOTE 2 - 4 (LaFleur, Kozloski, Di Donato, Liquori - against motion) Mrs. Nelsen left meeting. The Commission continue to write the order which included no alterations of the brook, Planning Board approval must be given on any changes in grades, easements, drainage systems, and water. Also noted were erosion control measures which must be approved by the Commission. Motion made by Mr. LaFleur to approve the Order of Conditions as written. Second by Mrs. Di Donato. VOTE 4 - 0 - 1 (Smith Abstain) • Mrs. Nelsen returned to the meeting. AGRICULTURAL PRESERVATION RESTRICTION ACT The Commission was informed that a letter was received from the Department of Food and Agriculture. The original was sent to the Town Manager with copies being received by the .Conservation Commission and. Planning Board. The letter stated that there was a potential conflict with projects for Agawam. One is the proposed Route 57, and the other is the Agricultural Preservation Restriction Act for land located on South West Street. The State is requested some guidance from the Town Manager on this project. There was general discussion as to whether or not it was known that this parcel of land was in line with one of the proposed routes for Route 57. It was discussed that if the Commission had been aware of this, further research would have been request, before endorsement was issued. Mrs. Nelsen left the meeting. • Motion made by Mrs. DiDonto to rescind the endorsement of the Agricultural Preservation Restriction Act for Arthur P. Boglisch & Sons, Inc. , for property located on South 'nest Street. Second by Mr. LaFleur. VOTE 3 - 1 - 1 (Smith Against - Kozloski Abstain) Draft Minutes Conservation Commission April 23, 1981 -- 3 • LUMAROSE EQUIPMENT CORPORATION - Joseph Mendes - Draft Order of Conditions A public hearing was held on April 9, 1981 , for work intent. Mr. Suprenant submitted his recommendations for the Order of Conditions. The Commission wrote the Order to include haybales for erosion, 4 mil polyethelene liner to be installed along the slope, entire area to have b .inches of Loam, which must be seeded with Mass. , Standard Slope and Shoulder Seed. Motion made by Mr. LaFleur to accept the Order of Conditions as written. Second by Mr. Kozloski. VOTE 5 - 0 Workshop scheduled for April 30, 1981 , at 7:00 P.M. An endorsement for the Department of Community Development was drafted by the Commission. • Motion made by Mr. kozloski to endorse the department. Second by Mr. LaFleur. VOTE 5 - 0 Remainder of agenda tabled until next meeting. Meeting adjourned at 12:10 A.M. R. Draft Minute: - Workshon Conservation Commission April 16, 1 g8I MEMBERS PRESENT: . Anthony Liquori Elaine DiDonato Dorothy Nelsen ' Arthur LaFleur William Smith Henry Kozloski - 7 :30 P.M. Meeting called to order at 7 :20 P.M. Mrs. Nelsen presented a suggested agenda of items to be discussed at this meeting. Included were filings, meetings, forms, office procedures, committees. Procedures are to be discussed and not policies. Suggestion for future meeting is By-law review. Mr. Smith also suggested we discuss extention and renewal procedures. Minor Changes on Form "�'!_ Notice of Intent #5 change "original to Conservation Commission" to "original and one copy to Conservation Commission". #6 change - $25.00 to $$35.00 • Guidelines for the Applicant Long Form - minor corrections to be discussed and corrected. Discussion by Commission concerning use of a short form •(example to be used from City of Westfield) . There was a general agreement to have the long form sent to "develop6rs", and the short form to be sent to individuals not planning extensive work or possibly on one lot. Revised forms to be sent to each commissioner for review. Mr. Kozloski has suggested a check list to be used by the Commission or any member to make sure that all information is available to us before a public hearing. Kr. Kozloski will work on an "on site" check list ( a working document) to be used by Commission to be used at Public Hearing and could also be used "Request for Determination". Request for Determination form as submitted must be used (Form #2 - 16-20 in book. ) Abuttors must be notified by applicant on Determination form. Future discussion to include appeal process. Form letter for renewals discussed. • Letter of expiration notice to be sent out 60 days before expiration. If application for extension is not received in our office at time of expiration, a letter gets m$iled saying permit has expired. i Draft Minutes = 'dor'.shop Conservation Commission A'3ril 16, 1981 - 2 - Mrs. Nelsen presented a copy of a complaint form to be kept in loose • leaf notebook. Commission agreed to use this form in office on trial basis. Ceast & Desist orders - form is O.K. Mr. LaFleur will work on a procedure for Ceast & desist orders. Mrs. Nelsen will work on filing procedure. With all members present, there was no agreement to endorse Town Manager Bowen's charter amendment concerning a master plan and/or community planner. Next Workshop date will be set at our regular meeting on April 23, 1981 . Meeting adjourned at 10:30 P.M. i t i n a A Draft Minutes Conservation Commission April 9, 1981 • MEMBERS PRESENT: ALSO PRESENT: Anthony Liquori Anthony Bonavita, Esq. Henry Kozl.oski Mike Suprenant, Town Eng. Elaine Di Donato Mr. Bowen, Town Manager Arthur LaFleur William Smith Dorothy Nelsen - 8:35P.M. Meeting called to order at 7 :30 P.M. APPROVAL OF MINUTES Motion made by Mr. LaFleur to approve minutes of March 26, 1981 . Second by Mr. Kozloski. VOTE 5 - 0 PUBLIC HEARING - Robin Ridge Estates - Frank J. Solitario - Notice of Intent Mr. Dave Bean from Conlon Associates represented Mr. Solitario in this hearing. Mr. Bean presented plans to the Commission and explained the work purposed. The filing included lots 109-116, lots # 117 and 118 • are not included in this filing, but might appear at a later date. These lots were originally denied the developer because of water pollution and flooding. It was also discussed that the building of these lots is contingent on the Phase 2 Sewer Project. Mr. Bean also explained that Mr. Solitario does not own the whole subdivision, part of it is now owned by Roncari Industries. Mr. Liquori informed Mr. Bean that the Commission would conduct an on-site inspection, and if any additional information was needed he would be notified. The Commission will submit an Order of Conditions within 21 days. After such time there is a 10 day appeal period. Mr. Liquori closed the Public Hearing. PUBLIC HEARING - Lumarose Equipment Corporation - Joseph Mendes - Notice of Intent - Main Street Mr. Mendes was present to review the plans with the Commission. There was discussion on the possibility of placing blocks on top of the slope to stop any trucks from going to close to the edge, also the hill being • sloped to a .3: 1 . Mr. Suprenant informed the Commission that he would review the plans and submit his recommendations at the next meeting. Mr. Mendes informed the Commission that he would comply with anything within reason to complete the work. Draft Minutes Conservation Commission April 9, 1981 - 2 - • Mr. Mendes was informed that the Commission has 21 days to write an order, followed by a 10 day appeal period. Sir. Mendes thanked the Commission. BUDGET - 1981-82 - Mr. Bowen Mr. Bowen came before the Commission to discuss the budget submitted to the Council. Mr. Bowen explained that in the new budget a , new department would be created - Department of Community Development, which would be headed by a full time planner. This planner would coordinate the efforts of the Planning Board, Conservation Commission, Board of Health, and- Building Department. This department would have a budget of $42,000.00. Also discussed was the possibility of a Master Plan that would be adopted by both the Planning Board and the Town Council, in that Master Plan all Conservation concerns should be outlined. Mrs. Nelsen inquired as to whether or not a letter of support from the Commission to the Council would be helpful. Mr. Bowen informed the Commission if they want to support to budget that was fine. Mr. Liquori informed Mr. Bowen that this would be discussed at the Commission workshop next week. COOPER STREET BROOK The Commission received a memo from the DPW stating that the removal of the trees in that brook was not under their jurisdiction. Mr. Vincent Russo owner of the property was present at the meeting. Mr. Russo explained he believes the problem is caused by a storm drain- that was installed incorrectly. Mr. Russo stated that trees are not causing the problem, and he will not take care of a problem created by the Town. Mr. Russo informed the Commission if they want to remove the trees, go right ahead. RED,JOOD DRIVE Attorney Bonavita informed the Commission that he has still not received any information from the State regarding this area. The Commission was informed. that Mr. Tom Orzak from DEQE, had informed him he would send all correspondance to the Commission. Attorney Bonavita will send a letter to Mr. Orzak once again requesting information. • Draft Minutes Conservation Commission April 9, 1981 - 3 - SOUTH WEST STREET - Looney Mrs. Looney requested that the Commission determine if the property across from her is a wetland. PIrs. Nelsen inspected the property and does not believe it is a wetland. Discussion on this will continue when the other members have inspected the site. The Commission was informed that the Massachusetts Association of Conservation Commission is in need of donations. Motion made by Mrs. Nelsen to donate $15.00 to the Mass. Association of Conservation Commission. Second by Mr. Smith. VOTE 4 4 1 (Kozloski) Meeting adjourned at 10:35 P.M. Draft Minutes Conservation Commission March 26, 1981 0EMBERS PRESENT: ALSO PRESENT: Anthony Liquori Anthony Bonavita, Esq. Henry Kozloski Mike Suprenant, Town Engineer Dorothy Nelsen Arthur LaFleur Elaine Di Donato William Smith Meeting called to order at 7 :30 P.M. APPROVAL OF MINUTES - March 12, 1981 Motion made by Mr. LaFleur to approve minutes of March 120 1981 with corrections. Second by Mr. Kozloski. VOTE 4 - 0 - 2 ,( Nelsen & Di Donato - abstentions) VALENTINE STREET - John Rosati Attorney John Teahan acted as Mr. Rosati' s representative. Attorney Teahan explained that Mr. Rosati would file on 3 lots, two of which he owns, and one owned by Charles Calabrese. Plans were shown to the wCommission explaining the erosion control measures. Attorney Teahan lso explained to the Commission that Mr. Rosati would not be able to begin work until the Town had finished working in that area. Mr. Suprenant informed the Commission that the work would be completed soon. Attorney Teahan informed. the Commission that a filing would be submitted within the next two weeks. PINE VIEW CIRCLE - Request for determination The residence of Pine View Circle informed the Commission that all abuttors and land owners had been notified that a determination had been requested. The Commission discussed and outlined their concerns with this property. The members agreed that at the present time, there are no apparent violations of the Wetlands Act. They also agreed however, that if any major work is done in that area it will fall under the "Act". Motion made by Mr. Kozloski that the work presently being done on the land does not fall under the "Act" . Second by Mr. LaFleur. VOTE 6 - 0 The Commission went on to discussed the fact that if a detemination is Wde, would they still have control over any further work that might be roposed for that area. The Commission was informed by it' s Counsel that some mention of that should be stated in the determination. Draft Minutes Conservation Commission March 26, 1981 - 2 Motion made by Mrs. Nelsen that the area described falls under the wetlands act : any alteration that would change the characteristics affecting the wetlands; any alteration of ground water; any alteration within 100 feet of the brook. The foregoing does not exclude a future determination that the "ACT' will apply to the entire area depending on the work proposed. Second by Mrs. Di Donato. VOTE 6 - 0 Mr. Suprenant mentioned to the Commission that some of the area is within the flood plain, and some indication should be made to that. Motion made by Mrs. Nelsen to amend the first motion to state "Any alteration within 100 feet of the flood plain as indicated on the Town' s Flood Insurance Map", this would delete the statement that stated any work within 100 feet of the brook. Second by Mrs. Di Donato. VOTE 6 - 0 Motion made by Mrs. Nelsen that after the Commission has received notification that all land owners and abuttors were notified of said determination, this determination be recorded in the Registry of Deeds. Second by Mrs. Di Donato. SCONNORS VOTE 6 - 0 BUILDERS INC. - Order of Conditions On March 12, 1981 a public hearing was held to hear comments on the Notice of Intent submitted by Connors Builders. On this date the Order of Conditions will be issued. The Order was written to- include respreading and seeding the loam to it' s ortginal elevation. All work to be completed by June 1 , 1981 . And no further work within the wetlands. Motion made by Mr. Kozloski to accept the Order of Conditions. Second by Mr. LaFleur. VOTE 6 - 0 J.D.S. , Inca - Order of Conditions March 12, 1981 a public hearing was held for J.D.S. , at this point a Order of Conditions will be prepared. The Commission issued the same orders for J.D.S. as they did for Connors Builders. Motion made by Mr. Kozloski to accept the Order of Conditions. Second �y Mrs. Nelsen. VOTE 6 -- 0 Draft Minutes Conservation Commission March 26, 1981 - 3 - r Whilip J. Hendel - White Fox - Partridge Vane - Pheasant Run The Commission held the public hearing on March 12, 1981 at which time many questions were raised regarding the filing. Attorney Gerald Galego informed the Commission he was here tonight representing Mr. Hendel, and would answer questions for the Commission. Attorney Galego was asked if all septic permits had been obtained for these lots. Attorney Galego explained that the intent was to remove all decomposable material and stumps, and replace this with suitable soil that would handle a perk test, so those permits could be obtained. It was explained to Attorney Galego that the Notice of Intent filed was for the building of houses, not the removal of fill. Attorney Galego stated he would withdraw the application and submit one for fill removal. The Commission suggested to Attorney Galego that if a new filing is going to be submitted that it be done with Lot #17-Pheasant Run filed separately from the rest. On Lot #17 drainage calculations should' be indicated to support anticipated run-off. On Lots #9•1 ,•93,94,95,96 and •97 flood elevations should be indicated, drainage calculations, and ground water elevations. Attorney Galego withdrew the Notice of Intent and asked the Commission to send a letter to Mr. Hendel indicating the information needed in the filings. RAMAH 'CIRCLE SOUTH - Thomas Russo - Order of Conditions A public hearing was held for Mr. Russo on March 12, 1981 . The Commission discussed the problems surrounding this project, one major concern was the fact that there were no calculations to, support the flood elevations. Mr. Suprenant expressed concern over the fact that since some filling has been done, the plans no longer reflect the land. At this point the Commission was informed that Mr. Russo never submitted his filing to the State as required in the Notice of Intent. It was suggested that the Commission issue a denial of the Order of Conditions, and once again ask for information to complete the filing. V o try and solve the problems surrounding the filing the Commission Iscussed hiring an engineer to calculate the flood elevation of the property. Also needed would be the removal of 20 feet of fill, then seed and loam; leave the brook channel, and natural storage area; and the flood storage area. Draft Minutes Conservation Commission March 26, 1981 -- ¢ - Motion made by Mr. Kozloski to hire an engineer to calculate the flood storage area. Second by Mrs. Di Donato. It was suggested that perhaps a estimate be obtained first. Mr. Kozloski withdrew his motion, Mrs. Di Donato withdrew her second. Motion made by Mr. Kozloski to hire an engineer to prepare an estimate on the cost to determine the flood storage capacity on the property. Second by Mrs. Di Donato. VOTE 6 - 0 Motion made by Mr. Kozloski to issued Mr. Russo a technical denial for failure to file with the State. Second by Mrs. DiDonato. VOTE 6 - 0 A letter will be sent to Mr. Russo explaining the denial, and the Commission' s future plans. COOPER STREET BROOK Motion made by Mrs. Nelsen to table this item until the next agenda. ,Second by Mr. Smith. VOTE 6 - 0 - REDWOOD DRIVE At the time of the on-site inspection the .Commission felt that the State was going to pursue this problem. As of this meeting the Commission has received no further information from the State. Attorney Bonavita informed the Commission that he feels that the State should make the first move on this since it was their Order of Conditions that allowed building in the first place. If the Commission wants to work together with the State on the injunction fine, but I don't think the Town should have to go this alone. Motion made by Mrs. Nelsen to have Attorney Bonavita contact the State and inform them that we would like some action. Second by Mr. Smith. VOTE 6 -- 0 BONDI' S ISLAND The Commission had sent a memo to the Board of Appeals expressing concern over the material being used to construct the dikes. That memo was referred to Mr. Conte. 04r. Conte 's memo to the Commission stated an inspection was made on March 20, 1981 , and the dikes were found to be firm and well compacted. Draft Minutes Conservation Commission March 26, 1981 - 5 - • It was suggested. that the Commission review the original Order of Conditions to be sure they are being followed. Also-.a call will be placed to the Army Corps. , of Engineers to ask them to determine if the material being used to eonstruct' the dikes is suitable. MUTTI' S SERVICE STATION Mutti's has still not filed with the Commission and dumping has started again. It was decided that the whole road would be walked, pictures will be taken and guide lines will be set up for that area. SOUTH WEST STREET - Mrs. Looney Mrs. Looney sent a letter to the Commission with pictures, expressing concern over an area of land across the street from her property. She feels this land is a wetlands. Motion made by Mrs. Nelsen to inspect the site and made a determination on the property. Also to send copies of the letter to the Board of Health, Town Manager, and the Building Department. Second by Mr. Kozloski. • VOTE 6 - 0 SOUTHWICK STREET Mrs. Nelsen reported demolition material being dumped behind .408 ' Southwick Street, which is a wetland. The Commission will make an inspection. SUFFIELD STREET Mr. Liquori stated that he is still getting reports that those barrels he report before are full when they are brought there and then dumped. The Commission will place a call to the State Hazardous Waste Control and ask them to investigate the problem. The Commission will set up a workshop on April 16, at 7 :00 to discuss the policy of the Commission Meeting adjourned at 11 :30 P.M. Draft Minutes Conservation Commission March 12, 1981 • MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Anthony Liquori Elailie DiDonato Anthony Bonavita, Esq. Arthur LaFleur Mike Suprenant, Town Eng. ' Dorothy Nelsen William Smith Henry Kozloski - 8:10 P.M. Meeting called to order at 7 :30 P.M. APPROVAL OF MINUTES - February 26, 1981 Motion made by Mr. LaFleur to approve minutes of February 26, 19819 with corrections. Second by Mr. Smith. VOTE 3 - 0 - 1 (Abstention-Nelsen) 7:30 P.M. - PUBLIC HEARING - Thomas Russo - Ramah Circle South Mr. Russo submitted plans to the Commission which showed channeling the entire brook from the existing pond to Russo's shop, mulching and seeding the banks. There was discussion regarding the brook on the property. Mr. Suprenant • explained that with the filling that has taken place approximately 1/4 of the storage capacity has been lost. Mr. Suprenant advised either removing the fill or raise the elevation of the flood plain. It was suggested that the Commission conduot an on-site inspection before issuiAg the Order of Conditions. Motion made by Mr. LaFleur that the Commission draft the Order of Conditions for Mr. Russo. - Mr. Russo has gone through quite a bit, he has done everything we have requested, I would think that we would have to address this area of fill. Also an on-site inspection should be made. Second by Mr. Smith. VOTE 3 - 0 -- 1 (Abstention-Nelsen) The Commission informed Mr. Russo that an on-site inspection would be held on Saturday, and a Order of Conditions would be issued within 21 days. 8:00 P.M. - PUBLIC HEARING - Connors Builders Inc. - Greenacre Lane Mr. Connors informed the Commission that the house in question ' is approximately 250 feet from the brook, but in clearing the land I piled a loam pile approximately 50 or 60 feet from the brook. When weather permits I will spread and seed the loam. • Mr. Kozloski - 8:10 P.M. There was discussion that there is no major problem with what Mr. Connors intends to d6,1 but a filing was necessary due to the fact he was in ' 100 feet of+the brook. i i Draft Minutes Conservation Commission March 12, 1981 - 2 - • Motion made by Mr. LaFleur to draft an Order of Conditions for Connors Builders, Inc. Second by Mr. Smith. VOTE 4 - 0 - 1 (Abstention-Kozloski) Mr. Connors was informed that an Order of Conditions would be issued to him within 21 days. 8 :15 P.M. - PUBLIC HEARING - J.D.S. , Inc. - South Street Mr. Dion informed the Commission that his situation is just like Connors Builders, they piled a loam pile within 100 feet of a brook. Mr. Dion explained that when weather permits they want to spread and seed the loam. Motion made by Mr. LaFleur to draft an Order of Conditions for J.D.S. , Inc. Second by Mr. gozloski. VOTE 5 - 0 Mr. Dion was informed that an Order of Conditions would be issued within 21 days. It was discussed that the petitioner and citizens present at the • hearing should be made aware of the appeal period under the Wetlands Act. Motion made by Mrs. Nelsen that at the close of any Public Hearing, the petitioner and citizens be informed of their legal rights under the Wetlands Protection Act. Second by Mr. Smith. VOTE 5 - 0 The Commission discussed the possibility for forming a group to review policy of the Commission. It was suggested that the members write down suggestions for policies, and a meeting will be set up to discuss only that. 8:30 P.M. - PUBLIC HEARING -- Philip J. Hendel - Pheasant Run; Circle, White Fox, and Partridge Lane. At this time Mr. Hendel nor any representative for Mr. Hendel was present at the meeting. The Commission decided to wait for awhile to see ifianyone comes. PINE VIEW CIRCLE The Commission had conducted an on-site inspection of the area in • questions. - =It was the opinion of the Commission that at the time of ,the inspection there were no apparent violations of the Wetlands Act. Y Area residence submitted a determination form to the Commission, and requested that another inspection be made. Draft Minutes Conservation Commission March 12, 1981 - 3 - • The Commission informed the residence that they had no problems with another on-site inspection, it was also suggest that this area be monitored for violations that have not yet accured. The Commission also informed the residence that the determination form was not filed correctly. All abuttors of the property must be notified by the person or persons requesting the determination, in this case it would be the residence of Pine View Circle. Also the owners of the property must be notified that a determination has been requested on their property. Motion made by Mr. Kozloski to table this item until all abuttors and owners of the property have been legally notified. Second by Mr. LaFleur. VOTES - 0 8:45 P.M. - PUBLIC HEARING - MAWAGA CLUB - Adams Street Mr. Frank Parrow was representing the Mawage Club. Mr. Parrow explained that they want to clean the pond by removing all the siltation. The Commission felt that an order could be written this evening. In the order was the fact that all work must comply with plans submitted, mulching will be done if deem necessary by the Commission, hay bales • were to be used, and the silitation was to be clean while under construction. The Order of Condtions was signed by the Commission. Mr. Hendel was still not present at the meeting, Attorney Bonavita was asked if it was legally necessary for the petitioner to be present. Attorney Bonavita stated that would be a policy decision. Chances are there would be questions the Commission would have that the petitioner would have to answer. Mr. Liquori called the Public Hearing to order at 91,135 P.M. The hearing was to hear the petition !of Mr. Phili J. Hendel for Pheasant Run Circle Lot #17, White Pox Road Lots ; 91 & 97, Partridge Lane Lots #93-96. According to the first part of the Notice of Intent Mr. Hendel had received all permits from required agencies. After further investigation it seems that the perk tests have not been done. Mrs. Nelsen informed the Commission she feels that test holes should be dug on these sots. • It was discussed that that is the Board of Healths job not the Commissions. Mrs. Nelsen stated that she has looked at many permits done by a sanitary engineer that the Board of Health approved an in 6 different areas in Town it was all on elevation 74, and all the soils were gravel, not only is that inadequate, they are out right lies. At one time we took a list of problems to the Board of Health and they told us to mind our own business. Draft Minutes Conservation Commission March 12, 1981 - 4 It was suggested to Mrs. Nelsen that if she is aecusing the Board of Health of not doing their job, she should speak as an individual, and not for the Commission. Mrs. Nelsen pointed out that what she was saying was she will not take permits from the Board of Health and have that satisfy her concerns, it was suggest that the Commission request all the permits from the Board of Health when it has to do with something on the Commission' s agenda. Attorney Bonavita suggest that in the further if anyone has problems with the Board of Health or any other agency they go to the Town Manager and air their complaints. Mr. Liquori stated that the Commission has heard all they need to hear about the Board of Health for this meeting. We have plans in front of us that we are suppose to be reviewing. I suggest we take the plans and conducted an on-site inspection. Mr. Hendel can't do anything until he has perk tests done. The Commission will inspected this property on a- week from Saturday. • REDWOOD DRIVE Redwood Drive is in violation of the Wetlands Act. Two cease & desist orders have been issued to the owners, one by this Commission, and one by the State, and both have been ignored. Mrs. Nelsen suggested that we ask our Attorney to issue an injunction on the property. Mrs. Nelsen sited the following reasons for the injunctions; Some of the houses are near completion, and the order of conditions has never . been filed, which means the buyers of the house will not know it is in a flood plain, the grades are all off, there are no pipes in the crawl . spaces, also the crawl spaces are now garages. Attorney Booavita suggest that before the Commission do anything the State be contact to make sure the State has not changed any of the orders. When this project was started the Commission refused to let the developer build, he then went to the State who issued him an Order of Conditions. After further discussion over the many problems on Redwood Drive, the Commission felt that Attorney Bonavita should research this and determine if the Commission has grounds for an injunction. • Motion made by Mrs. Nelsen that Attorney Bonavita has the authority to research all facts regarding B & B Land Development, and complaints brought before the Commission in regard to issuing an injunction. As soon as Attorney Bonavita is satisfied with the fact that an injunction can be attempted, the Commission gives the authority to the Chairman to sign the affidavit. Second by Mr. Smith. Draft Minutes Conservation Commission I4arch 12, 1981 - 5 » • VOTE 5 -- 0 Motion made by Mr. Kozloski that the Commission register the Order of Conditions with the Registry of Deeds 1 (one) day after the affidavit is filed. Second by Mr. Smith. VOTE 5 - 0 BONDIIS ISLAND The Commission conducted an on-site inspection of the dikes and found that ,demolition material is being used to construct the dikes. The Commission was informed while they were at Bondi's Island that this material is acceptable to the State: It was suggest that the Commission get the Board of Appeal's feelings on this. Motion made by Mrs. Nelsen to send a memo to the Board of Appeals stating the dikes are being constructed out of demolition material such as brick, stone, -and black-top, is this material acceptable • to the Board of Appeals. Second by Mr. Smith. VOTE 5 w 0 Meeting adjourned at ;11 :30 P.M. { t i r Draft Minutes Conservation Commission February 26, 1981 MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Onthiony Liquori Elaine DiDonato Anthony Bonavita, Esq. Arthur LaFleur Mike Suprenant, Town Eng. William Smith Henry Kozloski 7:35 P.M. Dorothy Nelsen 8 :20 P.M. Meeting called to order at 7:30 P.M. Minutes were by-passed until the fourth member was present. ROBIN RIDGE - Frank J. Solitario Attorney Conway was present to represent the petitioner Frank J. Solitario. Atty. Conway requested an extension of the Order of Conditions issued for Robin Ridge, #87-22. Atty. Conway explained the sewer systems are being installed and some .of the order could be revised. It was pointed out to Atty. Conway that a few months ago Roncari Industries came to 'the Commission also asking for an extension on File #87-22. At that time Roncari had informed the Commission they had just taken title to the land. Roncari Industries were also informed that a new filing would be necessary because of the time factor. 4r. Kozloski arrived - 7:35 P.M. Atty. Conway stated that Roncari Industries only owns two-thirds of the property, and the original order was issued to Mr. Solitario not Mr. Roncari. There was discussion regarding the fact that the Commission had voted at- a previous meeting to have a new filing on Order#87-22 due to the fact that the order had expired. Considering it is apparent that the subdivision is now owned by two different parties, the Commission disnussed having each party file on their parcel. Atty. Conway agreed to file on the land owned by Mr. Solitario. APPROVAL OF MINUTES February 12, 1981 Motion made by Mr. LaFleur to approve the minutes of February 12, 1981 with corrections. Second by Mr. Smith. VOTE 4 - 0 PINE VIEW CIRCLE Mr. Jim Devanski of 110 Pine View Circle was spokesman. Or. Devanski explained to the Commission that their concerns are for the parcel of land located between Pine View Circle, Adams, and Main Streets. Mr. Devanski asked if any party has filed a Notice of Intent on that property. Draft Minutes Conservation Commission February 26, 1981 - 2 - lar. Liquori read a note from the Commission's Research Assistant dated May 22, 19809 it was stated that if a determination had been made, the Assistant felt that in his opinion the property would not fall under the Wetlands Act. The residence felt that a new determination should be made because the trees are now being cut closer to the brook. The Commission agreed to visit the site again and make a determination. A determiation form was given to Mr. Devanski to be filled out. The inspection was set up for Saturday at 10:00 A.M. Mrs. Nelsen arrived 8:20 P.M. Mrs. Nelsen informed the residence that the Commission only has jurisdiction within 100 feet of a wetland, and to constitute a wetland it must be bordering on a brook .or stream or some body of water. Mr. Devanski thanked the Commission for their time. MAWAGA CLUB It was explained to the Commission that the Mawage Club wishes to drain the pond, clean the silt from the bottom, then fill the pond and stock 07ith fish for the spring. Motion made by Mrs. Nelsen that the Mawaga Club file to perform work on the pond. Second by Mr. Kozloski. VOTE 3 - 0 - 2 (Liquori and LaFleur abstained) LUMAROSE EQUIPMENT . CORPORATION Mr. Mendes was present at this meeting with completed plans of the work he intents to do. Mr. Liquori read a letter from DEQE addressed to Mr. Mendes which the Commission received a copy of. The letter instructed Mr. Mendes that within 10 days all demolition wastes, refuse and fill from within 100 feet of the brook be removed. Within 10 days he must regrade to a slope no greater than 3:1 . Within 10 days cover entire remaining area and' and all exposed demolition material with a two foot layer of clean earth fill. Within 10 days mulch all loamed areas. Also all measures for erosion control must be taken. This letter was received on February 19, 1981 , it was dated February 17, 1981 . Atl- the last meeting the Commission discussed the fact that DEQE never not ified ; the Commission that they were . taking control. The Commission Ist;,'that meeting decided to send a letter to DEQE. A letter was sent on ebruary - 17, 1981 instructing DEQE that Mr. Mendes was in the process 'of filing his Notice of Intent. 1 Draft Minutes Conservation Commission February 26, 1981 - 3 - •EQE never responded to the Commission letter of February 17, 1981 . Mr. Smith informed the Commission that he had spoken with Tom Orzak from DEQE. Mr. Orzak instructed Mr. Smith that the Commission could write. their own Order of Conditions but if they were not like the order issued by DEQE then the local order would be appealed. Mr. Orzak also informed Mr. Smith that at a meeting attended by Mr. Mendes in January it was promised to DEQE that all work would be completed according to what DEQE requested be done. Mr. Mendes informed the Commission that he never _ agreed to do any work. Mr. Mendes also stated that he was requested by this Commission to file a.- Notice of Intent and submit engineering plans which he has with him tonight. It was discussed that the problem seems to be a lack of communication between the Commission and the DEQE. It was suggested that a appointment be set up between the Commission and Tom Orzak so these problems can be resolved. Motion made by Mr. Kozloski to contact the DEQE and set up a meeting with Tom Orzak and our Commission to resolve these problems. Second by Mrs. Nelsen. Mr. Mendes informed the Board that he would not be available for the next 4 weeks. Also he felt the State was very misinformed, the State info=ed fir. Mendes he was running a 20 acre land fill, which Mr. Mendes claims is ridiculous. VOTE 5 - 0 BONDI'S ISLAND Mr. Liquori informed the Commission that he believes the dikes are being made out of demolition material. The Commission felt an inspection was in order. An on-site inspection will be made on Saturday. A call will be placed to Bondi' s Island informing them that the Commission will be making an inspection, 'and request a representative be present. SILVER HILL VILLAGE The Commission conducted an on-site inspection of lots #1-94 and found that only 5 houses were build, also the streets were not even in place at this point. In 1978 the DEQE issued a Certificate of Compliance on these lots, the Commission is now. being requested by JDS to resign the Compliance since the Commission issued the original order. the Commission.4ill wait on any action on this matter until a meeting is,' set up with Tom Orzak to discuss ;why a Compliance was issued in 1978 when no houses'.'were" even built. Draft Minutes Conservation Commission February 26, 1981 - 4 - �OOPER STREET BROOK It was brought to the attention of the Commission at the last meeting that two fallen trees were blocking the brook and causing the banks to erode into the old dump. The Commission sent a letter to Mr. Vincent Russo who is the own r of that property. Also a letter was sent from the Commission andIthe Board of Health to the DPW that this problem was a health hazard and should be taken care of immediately. Mr. Russo came into the Commission office and informed us he could not do the work,p and no word has been received from the DPW as to whether or not they can help. A follow-up letter will be sent to the DPW requesting this problem be taken care of. ROLLER. SKATING RINK The Commission inspected this area and found a number of erosion problems on the propert `. Motion made by Mr. Kozloski to notify the owners and request that they attend a meeting of the Commission. Second by Mr. LaFleur. VOTE 5 - 0 itOUTHGATE SHOPPING PLAZA The Commission made an on-site inspection on the brook on the south side of the plaza and found dumping within 100 feet of the brook. Motion made by Mr. Kozloski to issue a Cease & Desist Order on the owners of this property and request that they attend a meeting of the Commission. Second by Mr. Smith. VOTE 5 - 0 REDWOOD DRIVE Mr. Suprenant informed the Commission that the Connecticut River had back up to about 1J feet above the footing of the foundation. Also there are no erosion control measures to speak of. The Commission had originally denied the developer permission to build in that area, the developer appealed their decision to DEQE, and DEQE issued an Order of Conditions to the developer. Last week however, the DEQE did issue a Cease & Desist order on the property. The Commission will also voice concern over this project when they meet with Tom Orzak. fleeting adjourned at 10 :30 P.M. Draft Minutes Conservation Commission February 12, 1981 •MEMBERS PRESENT: ALSO PRESENT: Anthony P. Liquori Anthony Bonavita, Esq. Arthur D. LaFleur Mike Suprenant, Town Eng. 8:50 P.M. Henry Kozloski Elaine Di Donato Dorothy Nelsen - 8 :40 P.M. William Smith - 9 :15 P.M. Meeting called to order at 7 :30 P.M. APPROVAL OF MINUTES - January 22, 1981 Motion made by Mr. LaFleur to approve minutes of January 22, 1981 with corrections. Second by Mrs. Di Donato. VOTE 4 - 0 LUMAROSE EQUIPMENT CORPORATION Mr. Mendes was not yet present at the meeting. The Commission received a letter from Mr. Mendes stating he had been in contact with an engineering firm and would have plans to the Commission within two weeks. The letter was dated 1-27-81 . •It was discussed that in the newspaper an article appeared stating the DEQE had informed Mr. Mendes to remove the bank and stabilize the area. However, the Commission has not received any communication from the DEQE stating such. Attorney Bonavita instructed the Commission that from a legal stand point a letter such go to the DEQE asking them what their intentions are on this project. The Commission still feels that they have the right to request Mr. Mendes to file, until such time the DEQE notifies the Commission that they have taken control of this project. Motion made by Mrs. DiDonato to notify the DEQE that the Commission has had an on-site inspection of Lumarose Equipment Corporation and have met with Mr. Mendes and instructed him to file with the Commission. We expect a filing within a reasonable amount of time. Second by Mr. LaFleur. VOTE 4 - 0 RAMAH CIRCLE SOUTH - Thomas Russo Mr. Russo was present at the meeting. Mr. Suprenant had reviewed the plans, but was not yet present at the meeting to explain them. Whe Commission review the plans with Mr. Russo. All specifications that were requested by the Commission were noted on the plans. Mr. Russo did comment to the, Commission that he would not use rip-rap he would use a round type rock where necessary. Mr. Russo also informed the Commission that he would file within the next two weeks. Draft Minutes Conservation Commission February 12, 1981 - 2 - GREENACRE LANE - Vincent Connor Mr. Connor sent a letter to the Commission explaining that he was building a house on Greenacre Lane. The house is well over 100 feet from the brook but, a small portion of a loam pile is within 100 feet of the brook. Mr. Connor explained that as soon as weather permits he plans on spreading. and seeding the loam. There was discussion that a similar situation had taken place on South Street and the Commission did make the owners file. Motion made by Mr. LaFleur to request Mr. Connor to file with the Commission for an Order of Conditions. Second by Mr. Kozloski. VOTE 4 - 0 WESTFIELD WATERSHED - Dave Conley Mr. Conley explained to the Commission that the Westfield Watershed is presently checking with area Conservation- Commission for information on anyone interested in selling or donatirig rfvbr front land - in this area. Mr. Conley was informed that at one time a Mr. Bonavita was interested in selling property he owned across from Reed Street. The Commission also informed Mr. Conley that Mrs. Nelsen was chairman of the Land •Acquisition Commission and he might like to contact her regarding this. Mr. Conley informed the Commission that if they hear of anyone interested in such a project to get in touch with him. At this point Mr. Mendes came to the meeting and explained he was late because he was waiting for the plans to be completed. Mr. Mendes submitted his preliminary plans to the Commission. After reviewing the plans the Commission informed Mr. Mendes of where changes were needed. Mr. Mendes informed the Commission he would file and return with completed plans within the next two weeks. HOPE FARM DRIVE It was explained to the Commission that a Form B had been submitted to the Planning Board for approval. If the Board approves the plans the Commission will be required to give a determination on the land. The plans show two building lots at the end of the street. A sewer system will have to be used for these houses. The Commission discussed that there would be no possible ay for them to build without coming to the Commission. Motion made by Mr. Kozloski that this area does fall within the jurisdiction of the Commission, and a filing would be necessary. Second by Mr. LaFleur. VOTE 4 -. 0 Draft Minutes Conservation Commission February 12, 1981 - 3 - *Mrs. Nelsen arrived at 8:40 P.M. AGRICULTURAL PRESERVATION RESTRICTION ACT It was explained to the Commission that Mr. Boglisch from Windsor Locks, CT. , is appling for a grant for land located on South West Street. Approximately 50 acres of land would be involved to be used as nursery stock. The application must be in Boston by March 23, 1981 . The Commission will request input from the Planning Board, then submit the application to the Town Manager for his comments and signature. SILVER HILL VILLAGE - Lots 1-94 A letter was received by the Commission from an Attorney Dinsbach who represents JDS, Inc. The letter explained that in 1973 an Order of Conditions was issued for this project. In 1977 an extension permit was issued for uncompleted work. On December 7, 1978 a Certificate of Compliance was issued by Angelo Iantosca from the DEQE. Attorney Dinsbach is requesting that the Commission sign another Certificate of Compliance for lots #1-94, since they issued the original Order. After some discussion, the Commission decided to make an on-site inspection before taking any action on this item. Inspection date has been set for •Monday. SHOEMAKER LANE RECONSTRUCTION Mr. Liquors explained that 5 of the members went out and inspected where the relocation of the road would go. The Commission didn't see any problems, but commented that this is only the planning stage, and when final plans are made the Commission will have to be consulted. MUTTI'S SERVICE STATION In November 1980, the Commission sent a letter to Mutti's informing them that they had to file with the Commission because of dumping behind the station. Mutti 's indicated that they would file, but as of this meeting the Commission had not received a Notice of Intent. It was also reported that dumping is still going on. Motion made by Mrs. DiDonato to issue a Cease & Desist Order on Mutti's Service Station for dumping within 100 feet of a wetland. Second by Mr. LaFleur. VOTE 5 - 0 A letter is to accompany the Cease & Desist Order instructing Mutti's not •to push the debris all ready on the bank over the bank. Draft Minutes Conservation Commission February 12, 1981 - 4 - fir. Liquori explained to the Commission that he received a complaint bout a brook at the intersection of Suffield and Adams Streets. A Mr. Dean is storing barrels on the bank above the brook. The Health Department was contacted and made arl inspection and found the barrels to be empty. The Commission discussed that although the barrels are empty, they are still within 100 feet of the brook. The Commission will inspect this area on Monday. Mr. Smith arrived at 9 :15 P.M. COOPER STREET BROOK Mr. LaFleur informed the Commission that a letter should be send to the DPW asking them to remove the debris in this brook. What has happen is two trees have fallen across the brook, the blockage is causing the banks to erode and exposing the old dump. If the trees are removed it will solve the problem. It was discussed that this is an emergency, and it must be taken care of immediately. Motion made by Mr. LaFleur to send a letter to the Town DPW, stating it is an emergency that the two fallen trees be removed immediately from the brook. The brook is located on the southerly side of Cooper Street. The Orosion is causing the old dump to be exposed. Second by Mr. Kozloski. Attorney Bonavita suggested that the Commission first send a letter to the owner of the property and ask him to remove the trees. Mr. Smith made an amendment to the motion stating a letter should go to the landowner, Vincent Russo, asking him to remove the trees. Second by Mrs. Di Donato. VOTE 5 - 0 - amendment VOTE 5 - 0 - Original motion ROLLER SKATING RINK Mrs. Nelsen informed the Commission that she noticed there is a drainage ditch and some filling going on behind the Roller Skating Rink. The Commission will inspect this area on Monday. KAREN LYNN CIRCLE Mrs. Nelsen wanted to make the Commission aware of the drainage problem in this area. She suggested the Commission keep this in mind for any new developments, so the Commission can be sure this does not happen again. Mrs. Nelsen also informed the Commission that there is filling of a brook going on located next to the Southgate Shopping Plaza. The Commission will also inspect this area on Monday. Draft Minutes Conservation Commission February 12, 1981 - 5 - •ROSATI - Valentine Street Mr. Rosati was suppose to file with the Commission some time ago, and to date he has not. A letter will be sent to Mr. Rosati instructing him that the Commission feels that he should be filing before the end of the month. Mrs. Nelsen also informed the Commission that a Mrs. Andre Breivogel is interest in becoming an associate member of the Commission. Attorney Bonavita informed the Commission that he would check into the Bylaws of the Commission for the correct procedure. Also discussed was the fact that not all Order of Conditions are being filed in the Registry of Deeds, which is one of the first orders given. No work is suppose to began until the order has been recorded. It was suggested that a 10-day follow up be given, if the order has not been recorded within 10 days, and work has started, the Commission will issue a Cease & Desist. eLtion made by Mrs. Nelsen to start a 10-day follow up on all Order of Conditions to make sure they are being recorded. Second by Mr. Smith. VOTE 5 - 0 Meeting adjourned 10:00 P.M. • Draft 1•,inutes Conservation Commission January 22, 1981 *1EM.F3Z'RS ;�'RE"'[ N'i': MEMBERS ABSENT: ALSO PRESENT: Anthony Lia.uuri Dorothy Nelsen Mike Suprenant, Town Eng Arthur LaFleur Elaine Di D -,rtqto William Smith Henry Kozloski 8:30 P.M. Meeting called to order at 7 :30 P.M. APPROVAL OF MINUTES - January 8, 1981 Motion made by Arthur LaFleur to approve minutes of January 8, 1981 with corrections. Second by William Smith. VOTE 4 - 0 CEASE & DESIST - South Street - JDS, Inc. The Conservation Commission issued a Cease & Desist Order on 393 -South Street, for new house construction within 100 feet of a brook. Mr. Robert DelPozzo, Treasurer of JDS, sent a letter and a certified plot plan of the house to the Commission. The plot plan was done by Smith Associat.zs, and it was stated that the house foundation was in fact •115 feet from the brook. The Conunission discussed that althouggh the foundation is 115 feet from the brook, there has been loam dumped within 100 feet of the brook, so work is still being done within 100 feet of the brook. Motion made by Elaine Di Donato to send a letter to JDS, Inc. , explaining that the Commission feels that they are still in violation of the Wetlands Act, and a filing is necessary. Second by Arthur LaFleur. VOTE 4 - 0 ZONE CHANGE - Frank J. Solitario - Suffield and South. Streets The Commission was asked by the Planning Board for their recommendations on the proposed zone change. The Commission reviewed the map and legal description they received. It was discussed that with out knowing where the buildings would be going it is hard for the Commission to know how many brooks would be effected. Mr. Suprena.nt explained that in a zone change you are not making recommendations on the Project, you are making recommendations on the zoning of the Land. J a Draft Pli.nute s, Conservation Commission January 22, 1981 - 2 - •Mr. Suprenant was asl,:.ed if Mr. Solitario plans on sewering this project? Mr. Suprznemt informed the Commission that Mr. Solitario does plans on sewers for this project. The CAnm1is,3ion discussed some of the soil limitations on the site. Also the fact that the Commission is in favor of cluster zoning and with the ty)e of project proposed by Mr. Solitario, the Commission would have a better chance of situating the buildings away from the brooks. Mrs. Di Donato stated that sho feels the Commission should go ahead and say that we don' t object t-) the zone change providing provisions of the law are taken care of in the ultimate design of the project concerning the wetlands. Mr. Solitario has been here long enough to know he has to come before the Commission with completed plans of his project. Motion made by Arthur LaFleur that we send the Planning Board a favorable recommendation for the zone change. Our major concerns would be the brooks and wetland areas on the property. We feel cluster zoning should be used whenever possible. Our favorable recommendation is assuming that all units are sewered. Second by Elaine Di Donato. VOTE 3 - 0 - 1 1 Abstention (Smith) •RAMAH CIRCLE SOUTH - Thomas Russo This item was removedfrom the agenda, it will be on again in February. LUMAROSE - Main Street Nor. Liquori explained that the DEQE had been in contact with him. and they wanted to know how the Commission felt about the work that was going on there. Not all the members of the Commission were familiar with the area. It was suggested that the Commission make an on-site inspection. An inspection time was set up for Saturday at 10 :00 A.M. SHOEMAKER 7'IA.NE - Reconstruction Mike Suprenant showed the Commission plans of Shoemaker Lane. The Engineering Division on recommendations of area residences have relocated the proposed layout so it did not take their trees and part of their yards. I, r. Suprenant feels the new layout might be better than the original layout. The Commission decided that they would go t-ut there and look at the road because the new layout will go across some wetlands. *Meeting adjourned at 9 :05 P.M. Draft Minutes Conservation Commission January 8, 1981 • ME14BERS PRESENT: ALSO PRESENT: Anthony Liquori Mike Suprenant, Town Engineer Elaine DiDonato Anthony Bonavita, Esq. Arthur Lafleur Henry Kozloski William Smith Dorothy Nelsen 9 :05 P.M. Meeting called to order at 7 :55 P.M. APPROVAL OF MINUTES -- December 11 , 1980 Mr. Smith would like entered into the minutes -.one-of Attorney Bonavita's comments concerning Campanelli Industries. Attorney____ - ' Bonavita stated that in the past matters had been considered at a meeting without a quorum, and then voted on at the next meeting if a quorum was present then. Also, since there was a quorum at the last meeting , we could have considered and voted on the matter then. Motion made by Mr. LaFleur to approve minutes with corrections for December 11 , 1980. Second by Mr. Smith. VOTE 5 - 0 • SHOEMAKER LANE - Mr. Richard Neis Mr. Neis was present at the meeting and stated he did bring in fill for his property on Shoemaker Lane. But at the time he was not aware of the law regarding wetlands. Mr. Neis also stated that all work is completed. Mr. Kozloski informed Mr. Neis that the important thing was that any work done within 100 feet of a wetland must involve the Conservation Commission. At this point I think if you watch the area and notice any erosion you can stabilize it. There was further discussion on whether or not Mr. Neis should file. It was the feeling of the Commission that in the spring additional work will be needed to stabilize the area. Motion made by Mr. LaFleur to have Mr. Neis file a Notice of Intent, reason being, in the spring the bank will have to be controlled. Mr. Liquori informed Mr. Neis that the Commission would send him the necessary papers for the filing. BONDI' S ISLAND - Mrs. Katsoulis West Springfield Conservation Commission -Mrs. Katsoulis stated about 1 year ago_..the Agawam Conservation Commission contacted the West Sprinfield Conservation Commission in regard to the • leaching problem at Bondi' s Island. Mrs. Katsoulis went on to say the odor is still present so the problem has not been solved. , Mrs. Katsoulis was under the impression that Agawam had jurisdiction over the plant. Draft Minutes Conservation Commission January 8, 1981 -- 2 - • Mr. Kozloski explained that the treatment plant in under the jurisdiction of the DEQE. The State believes that Bondi's Island is located ip Springfield, the only control Agawam has is that we have the file for the land fill. What happen was Springfield contracted with Western Mass. , to build a steam line, and this was before the oil prices went up. Western Mass. , entered into a contract and they were going to supply Bondi's Island Treatment Plant with steam. The purpose is to dry the sludge which is about 85 to 95 precent water. Western Mass. , has not honored their part of the contract. In the Order of Conditions for Bondi' s Island Land- fill they were given the right to dump the sludge into the landfill. What DEQE contends is that by bring in the sludge without steam tr atment is what is causing the odor. The questions is + "What can we do wnen Springfield contends that the odor does not exist:" Mrs. Katsoulis stated she believes all the Towns should get together and complain to DEQE and ask them for an investigation into the problem. -Mr. Liquori informed Mrs. Katsoulis that the Agawam Conservation Commission would back them 100% with their request for an investigation. REDWOOD DRIVE The Conservation Commission lifted the Cease & Desist Order at their last meeting for a period of 21 days. It was discussed that the developer • could not do any work because of the weather we have had. Motion made by Mr. LaPleur to extend the lifting of the Cease & Desist Order on Redwood Drive for an additional 21 days. Second by Mr. Kozloski. VOTE 5 - 0 RAMAH CIRCLE SOUTH - Mr. Thomas Russo Mr. Russo was present at the meeting with new plans for the Commission to approve. Mr.� Russo stated he wants to do the work in phases. There was discussion regarding the plans submitted. The Commission turned the plans over to the Town Engineer for his comments and recommendations., C & G CONTRACTORS - Valentine .Terrace . Mr. Carvalho, President, and Mr. Gomes were present. Mike Suprenant explained to the Commission that C & G Contractors are requesting permission to do the brook crossing between manhole E 1 and E2 in January, as soon as weather permits. In the Order of Conditions issued by the Commission it stated that the work should be done between June 1 and October 1 . Mr. Suprenant explained all erosion control measures that would be taken. Mr. Suprenant also explained that the Commission • would have to give written permission for the work to be done. There was discussion on doing the work in two phases, first put the pipes in, and all erosion_ cont_rol measures,_ then if there is no wet weather in sight, we will let them finish. Draft Minutes Conservation Commission January 8, 1981 - 3 - • Motion made by Mr. Kozloski to do the work in two phases. first phase _an_ will be to put the pipes in, d the second phase will be done Ice we find out the weather will be dry 'for' a few 'days. �' Second by Mr. LaFleur. VOTE 5 - 0 BUDGET 81-82 The budget was submitted and reviewed by the Commission. The Commission added money for maintenance of the Conservation Park, additional money in the Misc. , fees account, and the overtime account. Motion made by Mr. Kozloski to approve the budget with additions for 1981--1982. Second by Mrs. Di Donato. VOTE 6 - 0 --DEEP GUTTER - North Street The Commission discussed the problems with the project concerning drainage. Also at this time there is no way a compliance can be given because of the weather. The Commission can not see the work because of the snow, and when it starts to melt there might be more Work needed. Motion made by Mr. Kozloski to send a letter stating a final inspections • will be done in the spring by the Commission. Second by Mr. LaFleur. VOTE 6 - 0 SUFFIELD STREET - JDS, Inc. There was discussion that JDS is building a house within 100 feet from a brook. Motion made by Mrs. Nelsen to send out a Cease and Desist Order on the property. Second by Mrs. DiDonato. Also a Notice of Intent will be sent, so the owner can file with the Commission. VOTE 6 - 0 ZONE CHANGE - Rising Acres - Shoemaker Lane The Commission was asked by the Planning Board for their recommendations on a Zone Change from Agriculture to Residence A--2. Mr. Suprenant explained to the Commission that in development part of the brook would be eliminated. Mrs . Nelsen stated that the result of this type of development on this pond . will be that the pond will eventually disappear. Perhaps we could look into cluster zoning. Draft Minutes Conservation Commission January 8, 1981 - 4 - • The Commission discussed problems such as high water tables, soil limitations, and damage to the pond. It was also discussed that before any development can go in they would have to file with the Conservation Commission. Motion made by Mrs. Nelsen that the Conservation Commission does not favor the proposal for the zone being changed to Residence A-2, for the Rising Acres property. Second by Mrs. Di Donato. VOTE 6 - 0 The Commission will send a negative report to the Planning Board. Meeting adjourned at 10:35P.M. • • Draft Minutes Conservation Commission October 22, 1981 • MEMBERS f'RE;:�ENT: MI'HB RS ABSENT: AL:;O -RESENT: Dorothy A. Nclseri William sa:itti Anthony Bonavita, Esq. Elaine DiNnato ', Mike Suprenant, Town Engineer Henry Kozloski Robert Ayer's Helmuth Flathma.n Meeting called to' order at 7:30 P.M. APPROVAL OF MINUTES - August 27, 1981 - September 10, 1981 i Motion made by Mr. Ayers to approve minutes of August 27. 1981 , as corrected. Second by Nr.- Flathman. VOTE 5 - 0 There was discussion on adding the letters reviewed under correspondence -to the minutes so they become part of the record. The Commission requested that the letter from Frederic Winthrop, ._Jr.. , that was dis'cuss_ed at the last meeting under correspondence be attached to/the minutes as part of the record. Motion made by Mr. Ayers to approve the minutes of September 10, 1981 , • as corrected. Second by Mr. Falthman. VOTE 5 - 0 TREASURER' S REPORT Mr. Flathman reported to the -Commission that was originally $4375.00 in the budget. There - were two deductions bring the balance to $4,330.00, also two outstanding deductions of $147. 50 and $539.40. Motion made by Mr. Ayers to accept the Treasurer's report as given. Second by Mrs. Di Donato. VOTE 5 - 0 Preliminary Discussion with Attorney John Teahan regarding possible land donations by Campanelli Industries. Attorney Teahan stated to the Commission that Campanelli Industries, Inc. will convey to the Town of Agawam through the Conservation Commission lots 2 through 25 inclusive in Ridgeview Heights, these lots would be Winston Drive lots #2 throu h 11 ; Valley Brook Road lots # 12 through 16; and Winston Drive lots 517 through 25. Also to be conveyed would • be lots 120 through 133 in Forest Hills Section 11 , this would include braft Minutes Conservation Commission October 22, 1981 - '2 • Woodhaven Road lots # 120 through 127; Middle Field Road lots #128 through 131 ; and Woodhaven Road lots #132 through 133. For this land donation Campanelli is requesting that all real estate taxes, interest, penalties and charges levied on Ridgeview Heights also know as Ridgeview Estates and Forest Hills Section 11 for the fiscal years 1980, 1981 and 1982 up to and including the date of conveyance be deemed paid to the Town of Agawam and shall be discharges, forgiven or abated. Also ,the Town will assume responsibility for the maintenance, operation, repairs and electrical power requirements of the pumping station located at or near the intersection of Forest Hills Road and Valley Brook Road and Campanelli will dedicate and transfer said pumping station to the Town. This donation will come to approximately 25+ acres, the total property valued would be a V8,227-73. roximately $1909000. The total of unpaid taxes is approximatley Atty. Teahan further explained that Campanelli's only real estate holdings in Massachusetts are located in the Town of Agawam. Campanelli' s are presently getting involved with commerical real estate, and are working extensively in Florida and Illinois. In an effort to get this land off of the Campanelli -books Attorney Teahan suggested this proposal be issued to the Town. Attorney Teahan went on to explain to the Commission that now there • must be communication between the Town Manager, Town Treasurer, and the Board of Assessors as to whether or not they are interested in acg1iring this property. Also according to Chapter 40, Section 8C, approval must also be obtained from the Town Council. Mr. Kozloski asked Attorney Teahan what the agreement is that the Town has with Campanelli Industries for the operation of the pumping station. Attorney Teahan explained to Mr. Kozkoski that the agreement provides that Campanelli will pay for the electricity for the pumping station . and will reimburse the Town for any maintenance necessary at the pumping station up to the point that 75% of the lots in this subdivision are either developed or Campanelli notifies the Town that they will not be developed, and at that point the Town assumes jurisdiction over the pumping station, and Campanelli agrees they will deed the pumping station over to the Town. Mr. Kozloski asked if eventually the Town will have to take over the pumping station from Campanelli? Attorney Teahan informed him that the pumping station does have to become part of the Towns property. Motion made by Mr. Kozloski to accept Campanelli's offer and submit • the offer to the Town Manager and the Town Council for their approval. Second by Mr. Flathman. VOTE 5 - 0 I ' Draft Minutes Cunservation Commission October 22 , 1981 . DRAFT ORDER OF CONDITIONS - Yhilo Brook - Town of Agawam The plans submitted by the Town of the proposed work on Philo Brook contain all necessary erosion control measures for this project. All work will be done in accordance with the plans submitted by the Town, also contained in the Order will be the standard conditions issued by the Commission. B & B Land Development - Redwood Drive Mrs. Nelsen informed the Commission that the State held a meeting in Boston on this development, and unfortunately the Commission was notified at such a late date the Commission was unable to attend. Mrs. Nelsen explained that Tom Orzak had spoken with her and generally what took place was; Mr. Tougas was to submit a plan" and include proposed changes such as the driveway, grade changes, and show storage areas on the plans. The deed restriction concerning the flood warning will be required. The plans have to be submitted before the order will be amended. The erosion control will be • upgraded on the site and on the plan. Mrs. Nelsen explained that these comments were from Mr. Orzak's notes, and the Commission should be receiving a letter from DEQE outlining the meeting. Mr. Teahan who represents the 14 abutting landowners discussed with the Commission that in .the handbook published by the DEQE there is a section concerning modifications to Order of Conditions. There is no mention of modification to an Order of Conditions in the Act or in the regulations. DEDQ's suggestion to local commissions regarding modification is if the propsed changes may add to the overall impact or if the project has been or may become controversial the applicant should be required to make a new filing for a new order. Mr. Teahan feels that DEQE is not following their own suggestXons to the local commission by not requiring a new filing. There was discussion between Commission members regarding the fact that DEQE couldn't even enforce the building on the original order how are they going to enforse the public being aware of the flood warning. Also' if DEQE is going to amend orders accordinf to what the developer has already done the Commission is wasting it s time. The Commission asked it' s counsil what their legal options where. Attorney Bonavita informed the Commission that first they should wait for DEQE' s decision. But they could go on record stating that .if the modification is granted, the Commission plans on taking legal action against the necessary parties including DEQE. Draft Minutes Conservation Commi. lion October 22, 1981 - 4 - Motion by ,Ire. DiDonato that if DE,,tL' allow.,. B & D Lund Development, . File ,Y87-87 give, to ma.:-e any modifications to the existing Order of Conditions the Concervation Commission will take all legal means available to have the original order enforced . Second by Mr. Flathman. VOTE 5 - 0 Motion made by Mr. Ayers to suspend the Rules & Regulations and discussion the commission' s draft comments to the Council regarding the 25 % review for RT. 57. Second by Mrs. DiDonato. VOTE 5 - 0 The Commission had some revisions to the draft prepared by Mr. Smith. The Commission discussed these revisions and made corrections to the draft. Motion made by Mr. Ayers to accept the draft as now prepared. Second by Mr. Flathman. VOTE 5 - 0 • Meeting adjourned at 10 :15 P.M. -Draft Minutes Conservation Commission October A, 1981 *EMRL1RJ' I'RB;SL'NT : MEMBERS ABSENT: ALSO PRESENT: William Smith Dorothy Nelsen Anthony Bonavita, Esq. Elaine Di Donato Robert Ayers Mike Suprenant, Town Eng. Helmuth Flathman Henry Kozloski Meeting called to order at 7 :30 P.M. Mr. Smith, Vice-Chairman chaired the meeting. Due to lack of quorum, this meeting will contain discussion only. APPROVAL OF MINUTES - Tabled untill next meeting. TREASURER' S REPORT - Tabled until next meeting. Preliminary discussion with Attorney John Teahan regarding possible land donations. Attorney Teahan requested that this item be tabled until the next meeting. OLD BUSINESS: Draft Order of Conditions - Philo Brook Qbue to lack of quorum, the Commission requested that Mr. Suprenant grant them a two week extension on issuing the Order of Conditions. Mr. Suprenant agreed to the extension. This item will be placed on the next agenda. Formal Vote to be taken on review comments for Route 57. The Commission has some changes they would like in their comments, but again no vote could be taken. This item will be placed on the next agenda. NEW BUSINESS : Discussion with Town Engineer regarding flood control on Suffield Street. Mr. Suprenant presented plans to the Commission showing were the State has proposed the frontage road for Route 57. This frontage road is planned from Suffield Street to Mill Street, finishing across from Valentine Street. Draft Minutes Conservation Commission October B. 1981 - 2 onder the proposed state plan there is 3/4 of an acre of wetland, located on the prox)erty owned by the Antler Club) , that the Town will have to fill in order to construct a dike for the proposed Rt. 57. Mr. Suprenant explained that if the Town were to try and save the wetland and still construct the dike the Town would have to pay damages to the Antler Club for approximately 3J acres of prime land. Mr. Suprenant told the Commission that the decision to either fill the wetlands or pay damages to the Antler Club is not his to make. However, Mr. Suprenant did inform the Commission that a local developer interested in purchasing the Antler Club porperty has mentioned the possibility of granting to the - Town an easement for the dike construction so not to disturb the wetlands. Mr. Suprenant will keep the Commission informed on the progress of this project. CORRESPONDENCE: A copy of a letter was received from Roderick Gaskell, Director - Division of Wetlands Protection, dated October 6, 1981 , to Attorney Eugene .Tougas �egarding B & B Land Development, Redwood Drive. Letter attached. Meeting Adjourned - 9:00 P.M. i FA TOWN OF AGAWAM t 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 y Tel. 413-786-0400 1 o9P�RATED May` CONSERVATION COMMISSION October 2, 1981 The Agawam Conservation Commission will meet on Thursday, October 8, 1981 , at 7:30 P.M. , in the Town Administration Building, 36 Main Street, Agawam, MA. The Agenda is as follows : APPROVAL OF MINUTES - August 27, 1981 TREASURERPS REPORT • 7 :30 P.M. - Preliminary discussion with Attorney John Teahan regarding possible land donations. OLD BUSINESS: Draft Order of Conditions -- Philo Brook Formal vote to be taken on review comments - Route 57 NEW BUSINESS : Discussion with Town Engineer• regarding flood control on Suffield Street. CORRESPONDENCE QFA TOWN OF AG AWA M 40 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 1 o�p�AATEO MPS` CONSERVATION C0MISSION September 25, 1981 The Agawam Conservation Commission will meet on Tuesday, September 290 1981 , at 7 :30 P.M. , in the Town Administration Building, 36 Vain Street. The Agenda for this Special Meeting will be : Discussion on the Route 57 report submitted to the Commission by New England Research, Inc. Letter to be submitted to the Town Manager outlining the Commission concerns on herbicide spraying. Discussion on House & Senate Bills: H-5180 H-6667 H-6877 S�-2223 Draft Minutes Conservation Commission September 24, 1981 • MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Dorothy Nelsen Helmuth Flathman Anthony Bonavita, Esq. Plaine Di Donato Mike Suprenant, Town -Eng. 'Henery Kozloski William Smith Robert Ayers Meeting called to order at 7:30 P.M. PUBLIC HEARING - Town of Agawam - Philo Brook Mr. Suprenant explained to the Commission that this work would be performed on Springfield Street. This will be to construct a water system in the Feeding Hills area, it would start on North Street run down North Westfield Street all the way to Shoemaker Lane, and also up Springfield Street to Poplar Street. All 16 inch water lines. The only brook crossing would be the Philo Brook on Springfield Street. A plans was presented to show the Commission on how the Town proposes to cross the brook, all disturbed areas will be mulched and seeded, and work within this station, (that is Station 60 + 75 to Station 62 + 00)would be done between June 1 , and October 1 , unless otherwise authorized by the Conservation Commission. The location of the work would be on Frank Grimaldi' s property. Mr. Grimaldi informed Mr. Suprenant he would like to run the brook through a pond on his property for irrigation purposes. Mr. Suprenant believes this might be a legitimate agriculture exemption since they use it for watering their crops, however, Mr. Suprenant further explAined' to • Mr. Grimaldi that he can not spend Town funds to do the work. The Town will only pay for the work the Town needs to do, if Mr. Grimaldi wants to hire the same contractor and pay him possibly, under an agricultural exemption, perhaps the work could all be done at the same time. It was discussed that if Mr. Grimaldi does plans on doing the work in the pond he will have to file with the Commission. Mr. Suprenant informed the Commission that as ,;Boon as the Order of Conditions is issued this will go out for bids. ?era. Nelsen asked if there were any further questions on' this Notice of Intent. There were none. Mrs. Nelsen informed Mr. Suprenant that the Commission would issue the Town an Order of Conditions within 21 days. OLD BUSINESS: Agnoli Place - Dumping complaints • Mr. Graziano was present at this meeting to discuss the dumping behind 6 & 8 Agnoli Place. Draft Minute's Conservation Commission September 24, 1981 - 2 • Mrs. Nelsen informed Mr. Graziano that the Commission's major concern was over the trash being dumped on Agnoli Place. Mr. Graziano informed Mrs. Nelsen that the trash is no longer there, and none will be dumped there. Mr. Graziano also informed the Commission that they are placing rip-rap on the- brook beds. Mrs. Nelsen instructed Mr. Graziano that the Commission would go back and inspect the property, and send him a letter reporting their findings. DETERMINATION REQUEST - Adams Street - Petitioners : Harpin A determination request was asked for by Lucille Harpin for Lot #4 on Adams Street. The Commission conducted an on-site inspection to make that determination. Motion made by Mrs. DiDonato to notify Lucille Harpin that the Commission has determined that a filing would be required for any construction or alteration within 100 feet of Three Mile :Brook. Second by Mr. Smith. VOTE 5 - 0 DETERMINATION REQUEST - Pleasant Valley Road - Petitioners: Mattson • The Mattsons are requesting a determination for filling in a gully' in their back yard, and covering a streamlet with 12" tile. The work would be preformed at 37 Pleasant Valley Road. The Commission conducted an on-site inspection to make the determination. Motion made by Mr. Ayers that a Notice of Intent would have to be filed with the Commission for the work intended. Second by Mr. Smith. VOTE 5 - 0 . MAIN STREET DUMP - Mr. Grasso Attorney Bonavita was requested by the Commission to determine whether or not the Commission has the right to require a filing of a Notice of Intent from Mr. Grasso. Attorney Bonavita explained to the Commission that the Wetlands Act went into effect after Mr. Grasso received his assignment, and in effect it is not absolutely retroactive. It was further explained that under state law an assignment can be resinded or modified if documented fact can be presented showing danger to public health and safety. If such documents can be presented by the Commission,or any other party, they could request a new Public Hearing to be held on this assignment. This assignment was issued to Mr. Grasso in 1965 and unless there are facts that Mr. Grasso is no longer working within the scope of his assignment he can continue. • It was also discussed that the state has been holding hearings in reference to Grasso 's dump. It was suggested that the Commission request copies of the information the state has on this assignment. This information will be requested. Draft Minutes Conservation Commission September 24, 1981 - 3 - •VALENTINE TERRACE - List of work needed for completion. It was discussed that the curbs needed to be finished, channeling, headwalls, and stabilizing the eroaded areas. These are some of the items that must be completed before the Commission will issue a Certificate of Compliance. REPORT FROM New England Research, Inc. Mr. Suprenant informed the Commission that they would have to have their input on Route 57,-25% review, by next .Friday. The Commission will hold a special meeting on Tuesday, to draft a report for the Town Council on the Commission's concerns over Route 57. HOUSE BILLS The Commission received copies of the bills concerning herbicides spraying. House Bill #5225 restrict herbicide spraying by utility companies. Under this bill the utility company has to notify the local Board of Health and all abuttors to the land at least 30' days •prior to spraying. The bill also states that no company shall spray, release, deposit, or apply any herbicides on land located within one thousand feet of any body of water, any source of drinking water, or any agriculture project grown or being grown for human or animal consumption. The Senate also proposed a bill #2223 requiring a 30 day notification, but does not place the eame restrictions on the utility companies as the House bill does. (Bills attached) . The Commission will send a letter to the Town Manager expressing their concerns over the use of herbicides in the Town of Agawam, or the state. Motion made by Mr. Kozloski that neither the House Bill #5225 nor the Senate Bill #2223 address the major problems of herbicide spraying in the state of Massachusetts. Second by Mrs. DiDonato. VOTE 5 - 0 HENDOM HEIGHTS - Drainage review. At a prior meeting the Commission issued an extension permit with the conditions that additional drainage plans must be submitted. The plans have been received by the Commission and are all in order. The Commission however, will require that these plane be recorded along with the extension permit. •Motion made by Mr. Smith that in conjunction with past approval these plans must also be properly recorded. Second by Mr. Ayers. VOTES - 0 Draft Minutes Conservation Commission September 24, 1981 - 4 - OW BUSINESS: - White Fox Estates - John Liquori Mr. John Liquori came to the Commission to request an Order of Conditions be issued for White Fox Estates Lots # 179 901 91 , 92, 93, 949 95, 96, , 97. Mrs. Nelsen informed Mr. Liquori that the Commission has denied these lots until such time as the developer can provide information specified in the denial, such as the feasibility of installations of septic systems, protection of ground water, and prevention of pollution. Mr. Liquori informed the Commission that they want to fill the .area so a perk test can be taken. The Commission will allow no filling until the information requested in the denial is supplied to the Commission. Policy discussion on contract negotiations. Mrs. DiDonato requested this item on the agenda, and prepared a statement to be made part of the minutes. At the Conservation Commission meeting of August 22, 1981 , we • authorized our Chairman to negotiate with New England Research Inc. , to contract them as consultants to the Commission to review Route 57 Extension plans, specifically the 25% design. A report prepared by the consultants and accepted by the Conservation Commission is to be submitted to the Town before the end of September concerning Route 57 wetland issues. At our September 10th meeting, the contract was discussed and a casual statement by our chairman, Mrs. Nelsen, revealed that in attendance at the negotiating meeting was another interested citizen's group from Agawam. I expressed may surprise and dis- satisfaction on hearing that an outside group was present at a non-posted meeting with a prospective consultant. At the very least I believe our chairman used poor judgement, the implication that other groups will only have input at the public hearing to be called by the State DPW, I believe will have impact on our creditability as a Town Commission. Therefore I wish to make this motion. I move that the Agawam Conservation Commission shall negotiate with consultants only at a regular posted or emergency meeting, with a quorum present, and if it be deemed appropriate at that time we will vote properly that an Executive Session may be • called in order to discuss details of the contract. The motion was seconded by Mr. Kozloski in order that discussion could follow. * Draft Minutes Conservation Commission September 24, 1981 - 5 - 0 Mr. Kozloski questioned as to whether or not the Commission can go into executive session to discuss contracts. Attorney Bonavita informed the Commission that he would have to research the statue to answer that questions. Atty. .Bonavita informed the Commission that personally he doesn't believe the part about executive session is necessary in the motion. That would have to be voted on and discussed at the time of the meeting. Mrs. Di Donato amended her motion to read as follows: "I move that the Agawam Conservation Commission shall negotiate with consultants only at a regular posted or emergency meeting, with a quorum present. Second by Mr. Kozloski. Mrs. Nelsen informed the Commission that she was authorized by the Commission to hire New England Research if they could do the work within the Commission's budget. Mrs. Nelsen further explained that the reason for the meeting was because NER wanted to go over the amount of material the Commission had so they could calculate their time on the project. The only thing discussed was information, the price, agreement was made over the phone. Atty. Bonavita asked how the other parties ended up at the meeting between Mrs. Nelsen and New England Research. 4L. Nelsen informed Atty. Bonavita that she was contacted by the Silver Lake Corporation and asked if she knew of an engineer, as they were concerned with the impact of Route 57 on the lake. Mrs. Nelsen explained the Mr. Preston, from the Silver Lake Corporation, asked if he could come to the meeting she was having with NER and submit some information to them that his group had regarding the lake. Atty. Bonavita informed Mrs. Nelsen that from a le&al standpoint he i didn't believe she did anything wrong, but, for further practia, it should be an open meeting that is posted, then if any interested parties want to come and voice their concerns they are welcome. Atty. Bonavita went on to say from a policy standpoint what would happen if sometime in the further the Silver Lake Corporation wanted to appeal a decision made by the Town regarding Route 57, and the Town informs them that their decision was based on engineering data, then the Salver Lake Corporation informs '.the Town that they too submitted engineering data to the NER. How will Silver Lake Corporation prove they ever submitted any information to NER, it was not a duly called meeting, there is no recorded of that information ever being submitted. Atty. Bonavita went on to inform the Commission that all information should first come before the Commission as .a whole. Mrs. DiDonato withdrew her motion. Mr. Kozloski withdrew his second. otion made by Mrs. DiDonato that from this time forward all input or outside groups shall first be submitted to the Commission at a duly called and posted meeting before it is forwarded to any third party. Second by Mr. Kozloski. VOTE 5 - 0 Draft Minutes Conservation Commission September 24, 1981 - 6 - CORRESPONDENCE A letter was received from the Commission's Attorney regarding the following question: Whether the granting of the Agricultural Preservation Act will harm the construction of Route 57 or other similar roadways? Attached is the letter from the Commission's Attorney answering that questions. The Commission received a decision from the Board of Appeals regarding Vincent Connor's project on River Road to construct single family residences in an area designated as Flood Plain. The Board of Appeals did grant the special permit for Mr. Connors. Motion made by Mr. Kozloski to send a letter to Mr. Connors informing him 'that-prior to construction of any dwellings a filing will be required by the Commission. Second by Mr. Ayers. VOTES - 0 The, Commission received a copy of a letter from Frederic Winthrop* Jr. , K rom the Department of Food and Agriculture to Arthur Boglisch & Sons; oncerning their application for Agricultural Preservation Restriction Program. Letter Attached. The Commission received a news letter from the New England Environmental News, this news letter will be sent to the Commission for a membership fee 46.00 per person. Motion made by Mr. Smith to subscribe to the New England Environmental- News. Second by Mr. Ayers. VOTES - 0 f y HOUSE No. 5225 By Mr. Collins of Amherst, petition of James G. Collins for legisla- tion to regulate the spraying of herbicides by public utiMycompanies. Natural Resources and Agriculture:. U_ C=noftienle d ItHldltt In the Year One Thousand Nine hundred and Eighty-One. y .� AN ACT REGULATING TILE SPRAYING OF HERBICIDES BY PUBLIC UTILITY i COMPANIES. Be it enacted by the Senateand House of Representatives in General Court assembled, and by the authority of the same, as,follows: s� • 1 Chapter 132B of the General Laws is hereby amended by insert- 2 ing after section 6A the following section: 3 Sec•tion 6B. No gas,electric, telephone or other utility company 4 licensed to do business in the commonwealth shall spray, release 5 deposit or apply any herbicide to any land which it owns or as to 6 which it holds as easement or similar right and over which it 7 maintains power, high tension or other lines without first notify- , 8 ing,by registered mail,the board of health in the city or town Where 9 such land lies and every owner of land abutting such land at least 10 thirty days prior to such spraying. I I The notice to the board of health shall contain the following 12 information; Y 13 (a) the date on which such spraying shall commence;(b)the date 14 an which such spraying shall end; (c•) the type of herbicide to be l 15 used and a copy of all information released by the manufacturer s 16 thereof relative thereto; and (d) the rating assigned by the federal if 17 environmental protection agency to such herbicide and all other 18 information, warnings, and instructions issued by such agency 19 relative to such herbicide. 20 The notice to the abuttors shall contain the following informa- 21 tion; (a) announcement of the company's intention to commence 22 such spraying; (b) the date on which such spraying shall corn- r ' a v r l� 2 HOUSE — No. 5225 [January 19811 €" 23 [Hence; (c)a statement that the municipal board of health has been 24 notified of such spraying; and (d) a statemcnt, in large print, 25 reciting the following language: "if you have questions about the ` spraying ol• herbicides under the power lines, base feet free to � 26 p please 27 contact your local board of' health or this company. A public } �.1 28 hearing may be scheduled by the hoard of health to discuss this "t 29 procedure." 30 No such utility company shall spray, release, deposit or apply r 31 any herbicides on any such land which is located, within one 32 thousand feet of(a)any body of water,(b)any source of drinking 33 water, or (c) any agriculture product grown or being grown for { 34 human or animal consumption, t . 35 Whoever violates the provisions of this section shall be punished 36 by a fine of not more than one thousand dollars or by imprison- 37 [Went for not more than two years,or both. Each day on which the }; 3e provisions of this section are being violated shall constitute a 39 separate offense. y } !t i i � r I • TM W&ja mt Ws Son pent"On IW%10674110d lapft- Y. a ` a F ' .1 SENATE . No. 2223 At LtlommOMMI'M od iaaaackmsftts 4 f •. _ ' SarrATZ, May 26, 1981. i The eoanmittee on Natural Resources and Agriculture, to whom was referred the patitim (accon gxnled by W,Senate, Nb. 1052) of Robert D. Wetmore, Russell Toutant, Melva Tbutant and Emily Zglobudd for legislation to requdre a utility company to send cer- tain notices concerning the application of herbicidal products; and the petition (accompanied by bill, House,5225) of James G.Collins for legislation to regt to the apmyung of herbicides by public util. ity companies, reports the accompanying bill (Senate, No. 2223). For the Committee, L CAROL C. AMICK R �i. 4 ' 1. 1 p 2 SENATE—No. 2223. [May 1931. t�k�e �Ianlmo�iu�Pullt� aP >�aBsacll�serita ' In the Year One Thousand Nine Hundred and Eighty-one. ' AN ACT REQUIRING A UTILITY COMPANY To SEND CERTAIN NOTICES CONCERNING THE APPLICATION OF HERBICIDAL PRODUCM. Be it enacted by the Senate and House of Representatives in General Court assembled,and by the authority of the same,as touows: 1 Chapter 132B of the General Laws is hereby amended�by {' 2 inserting after section 6A the following section: — 3 Section 68. No gas, electric, telephone or other utility com- ' 4 pang licensed to do business in the mnunonwealth shall spray, 5 release, deposit, or apply any herbicide to any land which it 6 owns or as to which it hoids an easement or similar right and 7 over which it maintains povv+er, high tension or other lines s without first notifying by registered mail, the mayor, city 9 manager or chairman of the board of selectmen in the city or 10 town where such land lies thirty days prior to such spraying. 11 The notice shall Main the following information: a. The 12 date on which such spraying shall commence; b. the date on 13 which such spraying shall aid; c. the type of herbicide to be 14 used and a copy of all information released by the manufac- 15 turvr thereof relative thereto; d. the name and address of the 16 contractor who will make the appiicittion for the utility or the 17 name, title and address of the employee who will be responsi- 18 ble for carrying out the application if it is to be made by 19 utility company employees. M E M O R A N D U M TO: Conservation Commission DATE: September 17 , 1981 FROM: Anthony C . Bonavita SUBJECT: Agricultural Preservation Associate Town Counsel Restriction - Route. 57 UESTION - - Whether the granting of the Agricultural Preservation Act will harm the construction of Route 57 or other similar roadways? After review of applicable law and research material , the undersigned has reached the following opinion: (1) If a parcel of land which was directly in the path of Route 57 construction or similar roadways has agricultural restrictions placed upon it in accordance with Massachusetts General Laws , Chapter 184 , Section 31 and 32 , the following situation results M.G . L. , Chapter 184 , Section 32 states : "Agricultural preservation restrictions shall be released by the holder only if the land is no longer deemed suitable for agricultural or horticultural purposes or unless .two-thirds (2/3) of both branches of the general court , by a vote taken by yeas and nays, vote that the restrictions , shall he released for the public good. " Thus , if agricultural preservation restrictions are placed on land directly in the path of such a roadway, a two-third (2/3) vote of both branches of the general court would be necessary to release such restrictions . (2) Secondly, it is the opinion of the undersigned that in accordance with M.G.L. , Chapter 184 , Secti and 32 , agricultural restrictions could be' upon property on both sides of said propos roadway, leaving a corridor free for cons ct ' of said roadway. The landowner would be pe first for agricultural restrictions and on*foar3 1991 • right-of-way for highway construction. s , f'' AGAWAM CONS(0,411(1"1 r� COPAM:VVAf �' i' various state and local departments plan together , previous to any approval of agricultural restrictions and building of Route 57 , compatible uses may be achieved ' within the law. CONCLUSION - - While a parcel of land previously approved for agricultural preservation restriction directly in the path of Route 57 could necessitate a vote of the legislature for release of said restrictions , in order to build said roadway, it is also possible to have a compatible use of the restriction program and highway construction by placing restrictions on both sides of said roadway while leaving a corridor free of restrictions for Route 57 . If you have any questions , please feel free to contact my office at your earliest convenience. • Very truly yours , i I I I i . • h i-f 1Jr.�ar�ireizC��oa��aie�J4��ricr��`rire f �exre�,�ell e.la`�andG.c" �ru�ia�, �iu��menl TDef:lei September 9, 1981 Mr. Arthur P. Boglisch & Sons, Inc. Southwest Street Feeding Hill, Agawam, Mass. Dear Mr. Hoglisch: Your application under the Agricultural Preservation Restriction Program has been carefully considered by the Agricultural Lands Preservation Committee and they have decided to postpone action at the present time because of the financial constraints under which the program operates. As we now have 240 applications and total appropriations of $15 million, the Committee has found it necessary to limit acceptance to those farms • most in danger of being lost to agriculture in the immediate future. As your farm consists of excellent soils, we very much hope you will keep the application alive and on file pending the availability of further funding from the legislature in order that we may consider it with other applicants at that time. We appreciate your interest in preserving the Commonwealths' productive farmland and your patience with the program. We regret that we are not in a position to proceed with your case at present. Sincerely, 1 ~ Frederic Winthrop, Jr. Commissioner t FW:jd S��16 roll _ I+7 �,. ANIMMY D.CORTM Sc.D. ��t�idt4ar o` /i'Klu7�(I4 �sao�ap(stJ7� C04f1lihd0eMe One V4,,&, Atxawt, 62od&m 02108 Y October 6, 1981 Dogene L- TmAgase Pe9- P.O. Boa 586 . .Ndlthem, MA 02254 ti g-A. Nelson, Vice cha n Oxmwvation GtiaiRaissioi 36 Main Street Agave m, MA 01001 !T 198, John J. ephan, �• ��rtil.r 1::r1KN 62 EUffleld 9treet Englnoering • Acfmaera, m 01001 uwversj+y of MM& RL: DBM Tlatlands #87-87 Agawmm (B-B Lind Developma, Inc.)' . Gentlare[i: Upon consideration of all of the oorrespos�d+e A directed to no aan-p-a r. oq the Wetlands Criss, I have determined that it is Apprcwiats,. , to allow an amecAment to the August 27, 1980 Final War of that would permit construction of a garage area berth the hmmes. However, in order to ensure pratectian of the statutory inbereste of flood control, sWm damage prevention, and pmmentian of pollution, it Lr r*ommary that certain additional be provided to the Deport ;_1 t and oertain ramedial work be perf6med by the appliomt. Specifioelly, paric to the ieomm of an am mxW older of conditions and prim to arty luortho r as at the site, the applicant must: 1. have the following statement inscribed upon the deed to each of the subject lots and within any purr.base aid sale agmraent executed for each of the subject Lots: FI= r vltaG "The United States Flood insurance Marageoent Agency . has detevained that the elevation of the 100 year flood (that flood which has a l% dNme of oocuring in any single year) is 57.80 feet on this lot and the elevation of the 10-year flood (that flood which has a 10% chyme of mcurring in any single year) is 52.40 feet an this lot. Because the elevation -2- of thegarage/basement• + floor is � (provide appropriate finished floor elevation for that lot) , the Massachusetts Department of Envirortmental Quality Engineering, in accordance with its duties and responsibilities under the wetlands Protection Act, G.L. c.131, §40, has determined that there is a substantial likelihood of flooding and storm da ege in the garage basement. You are hereby warned not to store any property which may be damaged by flood water in the garage/basement. " "Any future deed to this property and the house thereon. shall contain a recitation of this warning. Any purchase and sale agreement for this property and the house t her eoa shall contain a recitation of this warning." 'r A copy of the deed to each Lot containing this statement shall be submitted to the Department prior to the issuance of an amerced order of conditiams; 2. subWt a statement from a registered professional atigi,neer, &I=V with supporting plans and calculations, concluding that coaPBnsatory flood storage has been provided for all flood starage lost sus to filling within the flood plain. Volume within the garage areas shall not be considered as oampernsatory flood strorage t • 3. submit a statement fram a registered professional engineer certifying that the house foundatimm will withi*=d the k&drostatic pressure of the 100-mar flood; and 4. submit a statement that no electrical outlets, switches or otber utilities exist below 57.80 feet, the elevation of the 100-year flood. With reference tq-the erosion control measures, my staff has inspected the site and detezm4ned that the present use and placement of haybales does rot arn- stit ute an effective barrier to erosion from those Areas of the site VfiijCh hove been stripped of vegetation. Therefore, prior to the issuance of an a wiled r order of conditions and prior to any further at the site, erosion control mmnmces as described in condition 15 of the Final Order or 0tb9W msaeures deemred necessary by the Department staff shall be demented. Mr. TxVas should notify all parties by October 15, 1981, whether the above-stated eorxditi,ons are acceptable to his client. If those are acceptable, a ocnfererrae to discuss this matter will be held in the 9th floaar conference room of the DepartzentIs new offices at one winter Street, Boston an October 20, 1981, at 10:00 A.M. y, • FcG/vac /rftlexick C. Gaskell, !Df Division of Wet]�s PrDtect,#An CC s T1nma�e 0x87ak ✓ Sam G. Mygatt, Esq., MEPA Carl F. Dierker, Esq. l ~ tapF A���y q3 TOWN OF AGAWAM . , ' 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 O May` CONS.t'RVATION COHvIISSION c.a .t-;0 April 30, 1982 W Tn Docket Clerk D.BQE Legal Office, 9th Floor One Winter Street Boston, I•IA 02108 At a duly called meeting of the Agawam Conservation Commission- held on on April 28, 1982 , the Conservation Commission voted to .request an adjudicatory hearing on the amended final Order• of Conditions, Wetlands #87-87, B-B Land Development, Inc. , Redwood Drive, Agawam, Massachusetts. In compliance with Rule 2.01 (2) of the Department's "Rules for. the Conduct of -Adjudicatory - Proceedings" , 'the .f611owing information is submitted. The adjudieatory hearing is being requested by the Agawam Conservation Commission: Dorothy A. Nelsen, Chairman Elaine DiDonato 70 Provin Mountain Drive 242 South Westfield Street Feeding Hills; MA 01030 Feeding Hills', MA 01030 Tele. #786-4560 Tele. #786-1168 William Smith Helmuth Flathman 432 Pine Street 11 Beech Hill Road Feeding Hills, . MA 01030 Feeding Hills, , MA 01.030 Tele-. #786-5156 Tele. #786-6719 The Commission objects to the following specific conditions: 1 . The Commission has not received the plans desaribed•. in Condition 11 ' and therefore can make no determination regarding adequacy of same. 2. The Commission has concerns should the property be ,conveyed ' urior to xseuance of a Certificate of Comoliance that requiring seven different owners to provide for the required compensatory storage, in the event that the applicant fails to do' so, would be practically. impossible. i Docket Clerk _ 2 _ 3. House; on lots 4, 6, and 10 should be constructed with the . originally designed foundations of 4' crawl spaces instead of the basement/garage design. The Conservation • Commission feels 'that flooded basements can and should be eliminated ' in dwellings not already constructed. 4. The information requested in Condition 16 should be submitted to Department and Agawam Conservation Commission before any further work proceeds. ; 5. Conditions 21 , 24, 18B, 19, and 25 are not 'specific enough. 6. The Commission should receive copies of documents (deeds• and ' purchase agreements) required by the DEQE. prior to conveyance of property. 7. Other su-pporting 'documents.. statement by registerdd professional engineer re : hydrostatic pressure tests, should be. submitted to the Agawan Conservation Commission. . 8. How will the Department enforce Condition 30? Statement of facts : 1 . The Agawam Conservation Commission does' not have plans,' engineering - calculations and all other supporting:. data ta, determine adequacy of compensating storage.. = :2. Construction of compensatory storage should be .completed • prior 'to any conveyance of property. Under -the' amended order .. all -property could be conveyed without flood warniY}gs ion deed, or purchase and sales agreements and without reference. ' to this order since these-"provisions- are. only ,•requested . prior to issuance- of a Certificate of"Compli,anc.e. .-Failure. to issue. a Certificate of' Complianee does not prohibit ,' transfer of, pr.ope rty. i 3. The order does riot specify what manner- of 'foundation n• t costruction .will be ,allowed on -the. 3 `remaining unbuilt l.ots'. Changes the Commission is requesting in .the• 5uperceding Order: 1 . Plans and supporting engineering data should be submitted to the Agawam Conservation .Commission far -review. 2. Information required in - Condition 1.6 . should•be •submitted. to DEQ:.-' and Agawam Conservation Commission' for• .review and approval before any further -work' commences. i Docket Cler't.. _ 3 _ 3. Condition 14 and 15 : These statements should also appear on the deco to r)rotect any future nurehasers%owners of the -i:,ro-t;e-rties. 4 . Condition 13: Co;)ies of Ourchase and sales agreements should be Sent to the MQZ and the Agawam Conservation Commission prior to conveyance of the property, 5 . Copy of certification by registered professional engineer - • that house foundations and appurtenant structures are constructed to withstand hydrostatic. pressure and dynamic ,- forces of the 100 year flood should be submitted to. the Agawam Conservation Commission. 6. Condition 22 : Adequate vegetation cover should. be -established 'before a Certificate of Compliance is issued or before November 30, 1982. 7. Condition 24 : Order should be specific as to type of seed and mulch to be used and the particular •erosion control .method that will be used should be on plan or in order. 8. Condition 20 and 21 : These conditions would require a•change in the approved subdivision plans by the Agawam Planning Board. A flap-gate is required on those approved plans., -. Condition ' 21 is not. specific enough; channel paving should be .placed in channel from head wall to brook; cross sections ;and # detail should be shown on plan. i : 9. Condition 18b: Open drainage way 'should be a rock-paved channel. 10. Condition 19: Dike system should be maintained during construction activity. fl 11 . Condition 25 : Any modifications should also be sent to' the � Agapiam Conservation Commission. �I 12. Condition 26: This order and all conditions should apply to all lots 'ewcept 4, 6, and 10. These houses' should be constructed according to original design, that' is" with 4 foot crawl spaces rather than drive under 'basement -garages. °These: . construction details should be included in''a revised plan. Doclltet ("Ierk _ 4 Very truly yours, AGAWA14 CONSERVATION COMMISSION Dorothy A. Nelsen, Chairman, DAN/s je 4 TOWN OF AGAWAM ;j: _ %i� 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 41-3-786-0400 9P�RATEQ MPy .• , C011-SERV TION C(}K' -'.ISSION April 30, 1982 Docket Cleric 'DEQE Legal -Office , 9th Floor- One ' Winter Street Boston, 14A 02108 At a duly called. meeting; of the Agawam Conservation Commission, the Commmission voted 4-1 to appeal the. amended final order - Wetlands File 87-870 issued to B-B Land, Development, Inc. , Redwood Drive, Agawam, Massachusetts. . Plembers of the Conservation Commission voting' in favor were : Dorothy Nelsen, Blaine DiDonato, William Smith, aiid Helmuth Flathman. Henry Kozloski was in opposition. The Conservation Commission is counseled by Attorney Anthony • Bonavita, 95 State Street, Springfield, 'Massachusetts. ' Telt. jt 4-734-5611 . All material herein has been sent to the applicant.,,, the Conservation Commission, and each party or representative of,. the party. Ver - -truly yours , .Dorothy A., Nelsen,. .Chairman Agawam Conservation Commission DAM/ j e I 'hereby certify that the above is a true record of the vote t,-,.ken by the Agawam Conservation Commission on April 280 1982. Also that all interested parties' ha een np ied of said appeal. I�c1 Rita S. Rose, Town Clerk C.ERTIFIEO MAIL ; P3531464-0 2 1�y 1 FA r �Q • _ �. TOWN OF AGAWAM. - ! .'0 - %�� _ � 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 yr Tel. 413-786-0400 AQRO CONSIMVATION C0301ISSION r' April '30, 1982 oc'�et Clerk The following persons have all received copies of this appeal Agawam Conservation Corfrraission Attorney Anthony Bona.vita Roderick Gaskell -- DEQE - Boston Angelo Iantosea - DEQE - Amherst {` Cesaire Brien, 'resident B=B, Land' Developrre nt Eugene L. Tougas - Esq. �. John J. Teahan, Esq. Plichael B. Suprenant, Town Engineer Agawam Tovm Clerk' ' L OFFICE OF THE: TOWN MANAGER ADMINISTRATIVE DIRECTIVE # N/A �.., DATE: June 28, 1982 TO: Rita S. Rose, Town Clerk y SUBJECT: Conservation Commission MP Please be advised that Elaine DiDonato's term of office on -the Conservation Commission expired on- April 1, 1982. Effective June 5, 1982, Mrs. DiDonato officially resigned from the commission. ' The undersigned has appointed Mrs. Marilyn Talbot, -294.,Silver Street, Agawam to a term expiring April 1, 1985 to fill the vacancy created by ' Mrs. DiDonato. Dorothy NelsW s term of office on the Conservation Commission expired. on April 1, 1982. The undersigned has appointed Arthur LaFleur, 374 Main street,, Agawam to a term expiring April 1, 1985 to fill the vacancy created by Mrs. Nelsen's expired• -cc: Conservation Commission TOWN OF AGAWAM • TOWN CLERK'S OFFICE.. ` JUN `� � 1g82 PO FA TOWN OF AGAWA� M 36 MAIN S'I'REE7' AGA1.1'A,M, MASSAC11USE'I"1'S 01001 h 1'el. 41.3-786-0400 o�p�RATED MPy` CONS.ERVATION C010'-ISSIOD July 16, 1982 The Agawam Conservation Commission will meet on Thursday, July 22, 1982, at 7 :30 P.M. , in the Town Annex Building, 36 Main Street, Agawam, rIA. The Agenda is as follows: . APPROVAL OF MINUTES - June 23, 1982 • NEW BUSINESS: Comments - Agawam fieadows 'Lone Change Yale Street Certificate of Compliance OLD BUSINESS: Redwood Drive Giordano - Paul Revere Drive Hendom Heights Brook Russo - Suffield Street St. Johns -- Update Bondi ' s Island - Extension Permit Conboy - Sign determination Dutton - Sign Order of Conditions North West Street - Sign Cease & Desist Election of Officers m N C;:* Associates members t-- Committee U_ndate ca X CORRESPONDENCE, - coE I r1 FA TOWN OF AGAWAM .36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 °A oP CONS 'RVATIU1v C01v&IISSION July 2 , 1982 The ;gawari Conservation Commission will meet on Thursday, July 8, 1982, at 7:30 P.M. , in the Town Administration Building, 36 Main Street, Agawam, MA. The Agenda is as follows : APPROVAL OF MINUTES - May 27, 1982 NEW BUSINESS: Giordano - Paul Revere Drive - drainage. Lot #90 - White Fox and Partridge ,Lane OLD BUSINESS : Yale Street Russo - Suffield Street _ Redwood Drive - update St. Johns South lest Street Hendon Heights brook Rt . 57 Church Extension Permit - Valentine Terrace INSPECTIONS: Rosati - Bondi ' s Island C014PLAINT -. Montessi Southwick Street REPORTS FOR CON:I',,ITTEES CORRESPONDENCE i •