Minutes of the Southwick Conservation Commission
June 2, 2008
7:00 PM -Chairman Chris Pratt called the meeting to order. Seated were Mehmet Mizanoglu, Albert DeLoreto, Richard Solek and David Stansbury. Dennis Clark was also seated.
Review of Mail
• M A C C Newsletter
• Letter of resignation from M Krawiec
• Ferrin Heights completed Conservation Restriction ready for recording
• Town of Southwick Telecommunications Systems Policy
• Letter to Rep. Sandlin endorsing "no net loss" for Article 97 lands
• Signatures for reimbursement by N R C S for field maintenance
• Recording Westfield Gas & Electric Coop Dep File # 292-0276
• Northeast Organic Farming Assn. (NOFA) brochures
• Invoice Annino, Draper & Moore for Berkshire Ave. matter
• Lake Survey Proposed Treatment Areas 2008
• From Harbor Master list of Dock Permits issued
• From NRCS Completion of WHIP Contract #7213205A392
• MA Wildlife News Northern Forest Woodcock Initiative
• Selectmen acceptance of Green & Clean Merchant donations
• U Mass study of turtle tunnels
• Minutes - LMC
Dennis Clark Report: Mr. Clark informed the SCC that this department and the DPW are discussing purchasing a Trimble GPS unit. The proposal is the SCC will contribute $1500.00 towards the purchase price. The software will be installed on the mapping computer. Mr. Solek stated the new system would allow verification of underground systems? Mr. Clark stated as far as wetland delineation goes it can confirm if a flag has been moved that has been previously identified with a GPS. Mr. Solek stated now that Storm Water Management has been placed under the jurisdiction of Conservation Commissions that we need to be a little more accurate than previously.
R Houle Robin Rd. - Mr. Clark stated he viewed this area as agreed last fall. The three trees have been planted. The problem is the cul-de-sac is falling down. The SCC agreed that is not Mr. Houle's fault. There is a retaining wall falling down also. There was supposed to be a Home Owners Association so now every one who purchased a home there owns a piece of the road. Robin Road has not been accepted by the Town and is not the Town's responsibility. They do need enough room for a Fire truck to turn around on the cul-de-sac.
103 So. Loomis - This project is getting out of control. Mr. Solek reported it appears they installed the culvert and added other items. Mr. Clark stated his concern is the debris accumulating in the wetland. Mr. Solek stated there is also a mobile home shell and another mobile home parked in the wetland area/flood zone also. They were instructed not to build a shed out back and they did it anyway with no building permit. This entire parcel is in the Habitat area.
Well #2 Pump House - A site visit was made recently. The silt fence and hay bale installation is complete both sides of the access road for 7/10's of a mile. A check for turtles will be made frequently by Jessica Roberts from Tight & Bond. She is licensed to transport any turtles found in the area to safety.
John Mason Rd. Mr. Clark stated several calls were made to the office from the DEP requesting information. Clark was told they were just moving the road from one property to the other. MA D E P called the office and said they were getting complaints that they were bringing in fill. The next week the DEP called saying they were taking fill out of there. I accompanied the Building Inspector and we found what looked like a gravel mining operation underway. They have crossed two brooks; replaced one culvert; repaired another one. The DEP is taking the lead on this. Rob Levesque advised Clark that it appears headed for an Enforcement Conference with the DEP. The owner of the property did inquire about the legality of this action previously to the Agricultural Commission. They were told
if they did "X", "Y" & "Z" they would qualify for an exemption. They did do X, Y, & Z but took it to the next level. Mr. Solek stated the "Ag" Commission advised the owners of the Agricultural exemptions they could qualify under. Mr. Westover was contacted regarding the farming exemptions. There was an old bridge on the parcel. What they were supposed to do was remove the old bridge (photographs available) and replace with new timber. No other changes were to be made in any shape or form. Culvert installation was not included. Furthermore the "Ag" Commission recognizes the old road not the new road. The new road was not installed for farming operations. It was put in to facilitate the sale of the property. The new road was installed for mining/not farming. There was no permit to take fill off the property. Mr. Clark stated this parcel is in the
middle of the endangered species polygon. Mark's Property Service was looking into applying to the Planning Board to remove fill. The estimate is 10,000 yards was removed.
Chapter 91 Buoys - Mr. Clark stated he still is in contact with Brian Harrington (DEP) regarding the buoys recently installed to make sure that they are in total compliance with everything discussed at the meeting. Mr. Solek stated he noticed there were hundreds of turtles in the area as they were installing the buoys.
Mr. Clark stated the opening on the Commission will be advertised this week
Stonewall Estates - Mr. Clark attended a recent meeting regarding this proposed subdivision proposed by R Utzinger, C. Arnold and F Brown. He commented C Arnold wished to sell the same piece of property three times, and wanted it named after his mother. . Mr. Clark stated the other two property owners were advised they had options. Now, unfortunately, Mr. Arnold is deceased.
The Chair recognized Mr. Robert Baribeau of 46 John Mason Rd. Mr. Baribeau stated he has been watching for some time now the activity on the Brown property. He stated that in Feb/March John Mason Rd. was repaired by the DPW. In April, many, many truckloads of soil came off the Brown property. The material that went in was to upgrade the driveway in order to remove the fill. He questioned the SCC regarding who is responsible for vigilance on property uses in Town. Mr. Solek replied that unless the neighbors tell us about it - it won't happen. Mr. Clark stated there have been many such fill removals in Town that never were permitted. Recently airplane surveillance over Southwick revealed a pit in an endangered species area and the owner has issued a cease and desist by Natural Heritage. His
first question for the Planning Board is to determine if a gravel pit can be located in an R40 zone. The Commission replied that the Planning Board and the SCC will review the proposed application for a gravel pit on John Mason Rd. if it is submitted. Mr. Clark stated that he has been in contact with Winding River Land Conservancy regarding this particular piece of property and the placing of a Conservation Restriction on it. Mr. Baribeau inquired if the new driveway access was intended to connect to the Loomis St. entrance and that the proposed sub-division road would cross through the entire protected area? The response was "Pretty much". Mr. Barribeau inquired if the SCC will respond to the Planning Board Hearing Notice if asked. Mr. Pratt stated they will get a response from the SCC whether they ask for it or not.
Rick Solek Report- Mr. Solek reported that he walked the rail trail Bike Path today. They have cleared about a 30' foot wide area of trees and woody vegetation. They did a nice job. The concern is they came in with a grinder and opened up the ground. Especially in the area near the bridge. The silt fence has not been installed yet. There are three areas of concern. M Mizanoglu inquired if a decision has been made as to which departments are responsible for the maintenance and control of the Rail to Trail Bike Project yet. Mr. Clark stated he has heard nothing definite.
Mr. Solek reported that he did a site visit to 106 Lakeview St. for the project we recently approved. A great job was done. Nothing is going to move. The cement is reinforced with rebar
sunk into the ground and cris-crossed.
7:22 PM - Continued N O I DEP File #292-0277 Daniel Thompson 38 Beach Rd. (Continued from 5-19-08 Mr. Thompson and wetland representative David Payne of Plan It Green appeared before the SCC. Mr. Payne exhibited on the plan where the driveway is going to be and that a drainage swale had been added. The new plan Labeled Figure 3 Site, Grading Plan rev. May 22, 2008 was presented. The new plan showed surplus flood storage, silt fence location, resource area FEMA Flood elevation. A proposed leaching catch basin to be connected to one roof down spout was included. Dry wells have been added. The replanting plan was reviewed. There will be ground cover on the bank. Mr. Delskey spoke about tree removal. Al DeLoreto made a motion to accept the project as presented
with the addition of an additional tree. 2nd= David Stansbury All in Favor Motion Carried The Commissioners signed the Order of Conditions.
Williamsburg Peer Review- Mr. Clark advised the SCC that three quotes have been received; two in the $10,000.00 range and one around $11,000.00. He recommended to the commission that they get the applicant to post the money with the treasurer so that the funds are available to begin the peer review process. The information B E C provided for the Planning Board is just a small part of what the SCC needs to know. The work should include assisting in the writing of Conditions and also project monitoring while under construction. Mr. Clark explained that the letter requesting the funds last month was written before the meeting and they thought when they came in last time they had supplied the Commission with all the information they needed. Mr. Pratt stated he did not see how they could make the
statement that the detention basin would be empty within 24 hours. Mr. Solek said they did the core samples and found ledge so there have been a lot of changes?
CVS Pharmacy - A site visit has been held with D H B consultants at the corner of Vining Hill and College Hwy. Presently the stream is piped underground. They propose to remove the pipe and have the stream meander across the project. The commissioners spoke highly of this idea.
8:10 PM Commissioner DeLoreto made a motion to adjourn until the next regularly scheduled meeting. 2nd= R Solek All in Favor Motion Carried.
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
| 
