Minutes of the Southwick Conservation Commission
December 15, 2008
7:00 PM – Chairman Chris Pratt called the Meeting to Order. Seated were Seth Kellogg, Vice Chair; Marian Duggan-Markos, Beverly Faulds, Mehmet Mizanoglu, Richard Solek and David Stansbury. Dennis Clark was also seated.
Review of Mail
- From BEC RE: Peer review conflict of interest
- From DL Bean response to BEC and Langan letter
- From Atty. Callan RE: Ranch vs. Planning Board – Motion to Stay Proceedings
- From MA Historical Comm RE: Westfield Gas Facility #4075
- From WMECO – RE: Vegetation Management of lines for Y 2009
- Minutes- Board of Health, LMC
Review of Minutes –
The SCC signed the Minutes of 11-3-08.
D Clark Report –
- So Longyard Rd. culvert repair – Mr. Clark reported that the rest of the stones have now fallen in making the project even more expensive and time consuming to repair.
- CVS file #292-0281 Tobacco warehouse - Mr. Clark reported there have been several changes to the date for the discussion with the Massachusetts Historical Commission. The SCC believes that CVS Pharmacy project is more important than saving the barn and will be a great addition to Southwick’s businesses. The CPC is prepared to bring the project to the next Town Meeting. The present plan is to place the cigar factory on the same parcel with the Moore House on College Highway.
- Williamsburg review by B E C – The letter from Baystate Environmental Consultants regarding potential conflict of interest was reviewed by the SCC. BEC is employed by both the Town of Southwick Conservation Commission and on another matter by Mr. Pacella, the attorney of record for Mr. DePalma, the Developer being reviewed by BEC for the Commission. The Planning Board is in possession of a signed disclosure which states they have no conflict of interest in representing the Town by reviewing the proposed Williamsburg Estates subdivision. A letter from D L Bean in response to the 12-2-08 letter from BEC was reviewed by the SCC. Mr. Solek inquired if the Town of Southwick legal department can review this situation and give us an opinion. Commissioners discussed the possibility of
hiring another firm to review the project. Mr. Solek stated if we do hire another consulting firm the job description should include new field studies. Mr. Clark stated B E C is requesting new field studies as they do not have confidence in the previous calculations. Mr. Solek inquired if anyone from the Planning Board would accept our invitation to discuss this matter at the Jan. 5, 2009 meeting of the SCC. Mr. Clark further stated that D L Bean has the position that the Feds or the State has no jurisdiction over isolated vegetated wetlands and that it is only subject to review by Local Bylaw. The SCC was recommended to obtain a letter from the U S Army Corp of Engineers regarding who has jurisdiction over isolated vegetated wetlands. The Commission reaffirmed the fact that they wished to keep this project simple and clean and move it ahead. Mr. Solek stated better than 50% of the at-home work he does as a member of the SCC this year has been on this one project and the
back and forth dialogue. Attorney Bacon has advised the Town that the Planning Board and DePalma have agreed to put a STAY on the court case against the Planning Board decision on Williamsburg until the SCC has made a decision. Mr. Pratt advised the commissioners not to let this wear them down.
7:15 PM NOI DEP File 292-0274 Williamsburg Estates – The wetland representative from D L Bean requested a Continuation for this hearing until January 5, 2008.
7:20 PM – The Chair recognized Mr. David Hall. Mr. Hall inquired about the 1990 maps showing the brook on the north side of the Westfield town line. Mr. Clark stated that possibly there is a problem with the system.
7:25 PM Return to D Clark report:
Dam Safety – Mr. Clark reported that to date there has not been a response from the folks at MA DCR Dam Safety regarding the dams on the property adjacent to the Rail Trail that recently had a cave in.
- South Longyard Rd. closing – Mr. Clark reported that the rest of the headwall has fallen down. There is discussion about increasing the size of the culvert thirty additional feet. A letter to the DPW, K J Stinehart and Chair LEPC pertaining to the use of Conservation owned properties in the area and LEPC protocols for Emergency Situations was reviewed by the SCC. Chairman C Pratt signed the letter.
75 Mort Vining Rd Request for Certificate of Compliance File # 454-107 – Mr. Clark reported that the driveway and headwalls for this project have been reinstalled correctly. Mr. Solek made a motion to sign the Certificate of Compliance for file # 454-107. 2nd= M Mizanoglu. The Commissioners signed the Certificate.
R Solek report – Mr. Solek reported that he and Commissioners Faulds visited the site on Hillside Rd. as requested by Mr. Maronn to review the delineation. Ms. Faulds reported she found a spectacular vernal pool. Mr. Clark stated that the plan now is for three houses on the parcel using a common driveway. Mr. Solek stated it is a wet property. Mr. Clark stated D L Bean wishes to file this as a Request for Determination rather than a Notice of Intent. Mr. Solek stated he did not feel an RDA is appropriate here.
7:50 PM Richard Solek made a motion to adjourn.. 2nd= M Duggan-Markos
All in Favor Motion Carried