Minutes of the Southwick Conservation Commission
April 7, 2008
7:08 PM - Chairman Chris Pratt called the meeting to order. Seated were Albert DeLoreto, Mehmet Mizanoglu, Richard Solek . Dennis Clark was also seated.
Review of Mail
• New England Environmental - Response to Request for costs to perform Lake monitoring
• Bacon & Wilson - Notice Shaker Farms Country Club to be auctioned 7-15-08
• Public Lands Preservation Act Status and Action Needed
• PVPC - Notice Smart Growth Toolbox to be held April 29 @ 7:00pm at H C C.
• D L Bean letter of 3/28/08 RE C Burns 27 Eagle St. RDA for garage and retaining wall repair
• 414 College Hgy DEP File # 292-027 Notice of recording Certificate of Compliance
• Letter to W Derosia RE: 20 Industrial Rd. proposed building. Must file with SCC
• Copy of letter from BEC RE: Planning Board peer review for Williamsburg Estates
• Annino Draper & Moore Invoice for services rendered
• Southwick Police Dept. - Granting permission to install buoys in sensitive areas of Lake
• Board of Selectmen: Notice of 2008 E-Government Award
• MA Wildlife News
• Minutes - Community Preservation Committee, Health, LMC, Planning Board, Selectmen, Water Commission
D Clark Report
• Continuity of Operations Plan (COOP) Mr. Clark explained that this Plan is a management plan that establishes procedures to maintain essential functions, and repond to and recover from the effects of a wide range of emergencies which may disrupt normal government operations. Its ourpose is to ensure that the essential functions of the Town will continue. The SCC main function during an emergency situation is to provide resource information and issue Emergency Certifications for any activity in Resource Areas. All Telephone numbers and email addresses for Conservation Commissioners and its agent are kept on file with the Police, Fire, Town Hall Committees and Boards, LEPC and
EMC. Town Conservation maps that are stored at Town Hall are also available in digital form on and off premise. The Coordinator for the Commission has the capability to access all of the priority documents from his residence if necessary. All of the Conservation
Commissioners and its Agent have the authority to sign and issue Emergency Certifications through the authority of the Massachusetts Department of Environmental Protection under the Massachusetts Protection Act.
• 12 Ed Ed Holcomb Rd. T Power - Notice of withdrawal from Chap 61 (A/B) was received for the 6.38 acre parcel being sold. R Solek made a motion to take no action at this time. 2nd= M Mizanoglu All in Favor Motion Carried.
• APR's for C Coward, J Coward and B Nascimbeni- Mr. Clark showed the plot plans for these three pieces of farm land the MA Department of Agriculture has reviewed recently and determined these 3 Southwick parcels shall be accepted into the program. There are two parcels on College Highway and one on Mort Vining Rd.
• Request for Extension DEP File # 292-0262 Industrial Road - Crestview Construction. It was explained that construction has not begun due to a zoning issue on the parcel. Mr. Clark stated that the work that is proposed will make a huge improvement to the River front area as this area is now degraded. There will be a proposal to change the zoning on this parcel at the next Town Meeting. A DeLoreto made a motion to issue the Extension Permit for 3 years. 2nd= R Solek All in Favor Motion Carried. The Commissioners signed the Permit.
• C Burns 27 Eagle St. - A call was received from one of the neighbors that trees were being cut on their property by Mr. Burns contractor. Mr. Solek and myself explained to the neighbors that property lines are not in the SCC jurisdiction. While there we noticed that the Burns retaining wall. The existing wall fell apart so they had to replace the wall which went a little farther than the Order of Conditions provided. The Wetland Consultant for the project reported to the SCC on March 27, 2008 stating he found that the contractor had his machinery on the shore and
out of the water and had removed collapsed sections of the old wall from out of the Lake. A little bit of erosion happened. It was mostly stabilized. By 4 o'clock the hay bales were in place. Tree removal was not included in the Order of Conditions but replanting is in the Order. A follow-up visit found the hay bales were leaking . The Contractor for the project got right on it. They responded to the situation swiftly.
• Williamsburg Estates - A letter was received from Attorney Pacella who responded that if the SCC wished to have a "peer review" on the plan for this sub-division we have their permission to look at the "review" performed for the Planning Board.
• Pride Station 198 College Highway - Mr Clark stated he responded to a report of a problem with the dumpster at this location. He found the dumpster overflowing. Trash was piled on top and behind the dumpster and visual inspection revealed it had been going on for some time. Trash bags were in the wetland below grade. The Health Inspector also viewed the overflowing dumpster.
• EPA information on Storm Water Management - Mr. Clark presented the new information forwarded by the EPA. Additional responsibilities have been added to Conservation Commissions regarding planning and design.
• New England Environmental, Karo Frost - The response to the SCC request for a quote on providing lake vegetation surveys was received by the office. New England Environmental performed this service the first two years before Ray Levesque took over so they have a real good base line to work from.
• New Alert System - The Town has contracted with the NTI Group to provide alert services via home phones, work phones, cell phones, email etc providing instantaneous notification of emergency situations or cancellations. Members were requested to complete a form and provide their contact information.
7:20 PM - RDA 103 Lakeview St.
A DeSteffano To form and pour concrets steps to Lake Front; form and pour concrete driveway and retaining wall. Hearing Notice was read by the Chair. The applicant, Mr. DeSteffano, appeared before the SCC to present the plan to perform work within 100 feet of the Lake. Mr. DeSteffano explained that walking back and forth from the house to the Lake is creating erosion so he decided he should pour concrete steps and seeing as he was doing that he should construct a new retaining wall that fell down years ago and now erodes into the Lake also and so as he was doing two projects he might as well form a pour a concrete driveway. The plot plan was reviewed. The silt fence is shown on the plan. Mr. Clark inquired as to the distance from the last step to the water. Mr. DeSteffano replied 10 to 12 feet.
Mr. DeSteffano stated the driveway pitches towards the street. Mr. Solek inquired if the wall was to be a poured wall with footings or a block wall. Mr. DeSteffano stated it was to be a poured wall. The work will two-foot off the property line of his neighbor. The driveway will be 24 feet by 80 feet. Chairman Pratt advised the applicant to see the Southwick Department of Public Works regarding storm water management before beginning construction as the driveway could add a lot of water to the street. The applicant was asked if he intended to create more lawn near the Lake. The response was "No". No excavating will be required to put the steps in. There could be some hand digging. Mr. Solek requested hay bales behind the fence on the lakeside. M Mizanoglu made a motion to find "Negative" with the condition Mr. DeSteffano returns to the office with an improved plan showing erosion control in
place. 2nd= R Solek All in Favor Motion Carried. The Commissioners sign the Determination.
7:40 PM RDA 12 Ed Holcomb Rd.
To construct an addition to the esisting structure; construct a pool & patio to the existing structure; to remove the existing septic tank and install a new tank and pump. Hearing Notice was read by the Chair. P Tyburski applicant appeared before the SCC to present the plan. Mr. Tyburski explained that the septic system has failed the Title V inspection and as it is within 100 feet from a farm pond it required review by the SCC. It is his intent after purchasing the home to construct changes to the residence that will also be within the jurisdictional area of the SCC. Mr. Pratt asked what is now i n the area of the addition. Mr. Tyburski stated a chicken coop and a few trees. The old tank will be abandoned. Mr. Solek said none of the work is within the 50-foot buffer. A DeLoreto made
a motion to find the project "Negative" 2nd= R Solek All in Favor Motion Carried The Commissioners signed the Determination.
7:55 PM Continued Hearing for Williamsburg Estates DEP File #292-0274
The wetland consultant representing the applicant, Mr. DePalma appeared to continue the review of the plan for this sub-division. Mr. Maronn was handed a copy of the letter from the SCC dated 4-7-08 to Hillside Development Corp. stating that the SCC wishes the employment of an outside consultant to review the Stormwater Management on the proposed Williamsburg Estates sub-division. Failure to respond within 10-days shall be cause for the Commission to deny the application based on lack of sufficient information to evaluate whether the project meets applicable performance standards in 310 CMR 10.00 and the Southwick wetlands bylaw or its regulations. (See Attachment " A")
Mr. Maronn stated he prepared written responses to the letters received from the SCC regarding this project. Written copies of DL Bean's 20 page response were distributed to the SCC. Attachment "B") Mr. Maronn read from the document. In response to the SCC letter dated February 26, 2008 DLB wrote a response dated 3/10,2008 with supporting documentation. On March 27, 2008 DLB added an Amendment to their 3-10-08 letter along with supporting documentation of their position. A sample Conservation Easement was included in the communication. A letter dated March 6, 2008 sent to the Planning Board that contained excerpts from the current MEPA regulations and supporting documentation. ( Attachment B was not made available electronically by the applicant. Attachment B can be viewed at
the Town Clerk office.
8:45 PM NOI DEP File #292-0276 filed by D Howard for Westfield Gas and Electric Cooperative
To construct a gas metering station and installation of a gas transfer pipeline within the footprint of an abandoned rail right-of-way now owned by the Town of Southwick. Hearing Notice was read by the Chair. The wetland representative for the project, Alec MacLeod, Environmental Scientist, from North Orange, MA appeared to present the plan. Mr. MacLeod stated the pipeline will be installed entirely within the right-of-way. The work will cross two perennial streams, Slab Brook and Kellogg Brook but will not involve replacement or disturbance of the culverts. The metering station is proposed to be constructed on a portion of a lot adjacent to the old rail line and would involve clearing of trees, creation of a limited amount of driving access area and emplacement of a building. Some of this work would
be in the buffer zone to the Bank of an intermittent stream. There will be no change in the surface contours or elevation in this resource area of Slab Brook; assuming that the elevation of the old rail bed is below the statistical 100-year flood elevation. The DEP review was discussed. The certified mail receipts were submitted to the SCC. At 9 pm A DeLoreto made a motion to close the hearing. 2nd= R Solek R Solek made a motion to accept the plan as submitted. 2nd= A DeLoreto All in Favor Motion Carried. The Commissioners signed the Order of Conditions.
9:10 PM Commissioner DeLoreto made a motion to adjourn until the next regularly scheduled meeting. 2nd= R Solek All in Favor Motion Carried.
Submitted by Jean Cass
Attachment A
April 7, 2008
Hillside Development Corporation
267 Hillside Road
Southwick, MA 01077
As provided by G.L. Ch. 44 § 53G the Southwick Conservation Commission may impose reasonable fees for the employment of outside consultants, engaged by the Conservation Commission, for specific expert services. Such services shall be deemed necessary by the Commission to come to a final decision on an application submitted to the Conservation Commission pursuant to the requirements of: the Wetlands Protection Act (G.L. Ch. 131 §40), the Southwick non-zoning Wetland Bylaw 182 & 450, Conservation Commission Act (G.L. Ch. 40 §8C), or any other state or municipal statute, bylaw or regulation, as they may be amended or enacted from time to time.
At this time the applicant shall consider this correspondence as written notice that the Southwick Conservation Commission has chosen an outside consultant, Tighe and Bond, to review the storm water data submitted with Notice of Intent DEP File No. WE 292-0272. Tighe and Bond has been chosen as the outside consultant to review the Stormwater Management under the jurisdiction of the Conservation Commission, and Department of Environmental Protection standards. The Commission has also chosen Tighe and Bond to do the on site monitoring during the construction process.
Funds received pursuant to these rules, ten thousand dollars, shall be deposited with the town treasurer who shall establish a special account for this purpose. Expenditures from this special account may be made at the direction of the Conservation Commission without further appropriation as provided in G.L. Ch. 44 §53G. Expenditures from this account shall be made only in connection with a specific project or projects for which a consultant fee has been collected from the applicant. Expenditures of accrued interest may also be made for these purposes.
The fee must be received prior to the initiation of consulting services. The Commission may request additional consultant fees if necessary review requires a larger expenditure than originally anticipated or new information requires additional consultant services. Failure by the applicant to pay the consultant fee specified by the Commission within ten (10) business days of the request for payment, or refusal of payment, shall be cause for the Commission to deny the application based on lack of sufficient information to evaluate whether the project meets applicable performance standards in 310 CMR 10.00 and the Southwick wetlands bylaw or its regulations.
The applicant may appeal the selection of the outside consultant to the Southwick Selectboard, who may only disqualify the outside consultant selected on the grounds that the consultant has a conflict of interest or does not possess the minimum required qualifications.
When the Commission's review of a project is completed and an Order of Conditions issued, any balance in the special account attributable to that project shall be returned within 30 days. The excess amount, including interest, shall be repaid to the applicant or the applicant's successor in interest. For the purpose of this regulation, any person or entity claiming to be an applicant's successor in interest shall provide the Commission with appropriate documentation. A final report of said account shall be made available to the applicant or applicant's successor in interest.
Christopher J. Pratt
Chair for the Commission
Cc: D.L. Bean Inc. / Joseph A. Pacella, Esquire / Tony Zaharias / Richard Gunn
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