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CITY OF EASTHAMPTON Conservation Commission 50 Payson Avenue Easthampton, MA 01027 (413) 529-1406 Tel (413) 529-1433 Fax Meeting Minutes (08/24/2020) Pursuant to Governor Baker’s March 12 th 2020 suspension of certain provisions of the Open Meeting Law MGL Chapter 30A Section 18 and the March 15 th 2020 Order imposing strict limitation on the number of people that may gather in one place, this meeting of the Easthampton Conservation Commission is being conducted via remote participation. No in person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings as provided for in the Order. Despite our best efforts, we are not able to provide real time access and we will post a record of this meeting on the Easthampton Media website as soon as we are able. Commissioners: Melissa Coady, Chair Julie Busa (Absent with Notice) Dan Buttrick (Absent with Notice) Michael Whittemore Jessica Harwood (Absent with Notice) Jay Ryan Deborah August Agent: Cassie Tragert Public/Others1: Robert Levesque Sofia Bitzas Jeff Hunter Cynthia Steplar Gerrit Stover Kevin Mulligan 1. Call to Order (6:05 PM) 2. Public Concerns (None) 3. Public Hearings/Meetings a. Bundled Notice of Intent filed by the City of Easthampton (MassDEP File #151-307), Applicant is seeking an Order of Conditions for various routine [non-exempt] maintenance activities. Continued from August 10th, 2020 at the request of the Page 1  applicant. No discussion. Continued to September 14th at 6:00 pm Motion: Ryan, Second: Whittemore. Unanimously approved. b. Notice of Intent filed by R Levesque Associates, Inc. on behalf of Cynthia Steplar at 69 & 73 Loudville Road (Map: 140 & 139, Lot: 28/29 & 11) for new 18-unit housing (condominium) development (MassDEP File #151-0309). Robert Levesque of R. Levesque Associates, the Applicant’s Representative, presented responses to the requests made at the previous meeting which were also provided to the Commission in written form which is available to the public upon request. Commissioner Whittemore requested clarification on what were the determining factors are for incorporating the restrictive barrier in the stormwater basin design. Levesque explained that the on-site soil evaluator(s) would look for redoximorphic features in the soil to determine estimated seasonal high ground water. They would be looking for any restrictive layers of soil as well which would prevent the water from seeping down into the water table. The contractor will excavate test pits prior to completion of the basin and if they determine that there are any restrictive soil layers within four feet of the bottom of the basin, they will add an impervious layer to control the water and prevent any kind of breakout of the water that could impact slopes nearby. This will work in tandem with the new reshaping of the basin proposed today as a kind of “belt and suspenders” solution to previously expressed concerns by the Commission. Commissioner Coady asked to what depth the breakout barrier previously described will be installed. Levesque explained that it will only be installed only if a restrictive soil layer is encountered and it will extend at least one foot below the extent of any restrictive soil layer. Levesque also noted that previously there had been discussion about what trees could be kept on site when possible. He proposed that a Condition be included in any final Order of Conditions that once the erosion controls are in place, any trees that are right “on the line” of the limit of work be marked and then the Commission would work with the contractor to determine where the limit of work could be shifted slightly to err on saving trees where possible along the limit of work as it currently is planned as long as they do not pose any future potential threat to the units. Levesque presented their written responses to all questions posed during the previous meeting which is available to the public upon request. Levesque proposed that a Condition be included in any final Order of Conditions that relevant conditions be included in the Homeowners Association documents and that those final documents be provided to the Commission for review. Commissioner Coady requested information on the status of the Stormwater Pollution Prevention Plan (SWPPP) and what measures are planned for that. Levesque explained that they have not yet produced a SWPPP and it should be a Condition of any final Order of Conditions that the final SWPPP be submitted to the Commission for review prior to construction. Commissioner Coady requested clarification the construction sequence for the road and the lots as they are sold. Levesque explained that Phase 1 will include the construction of the roadways, stabilization of surrounding areas, and the stormwater management system. Phase 2 would be market driven, but at least 4 units built to start as models for sale. Page 2 Agent Tragert read a written comment provided by Commissioner Buttrick, absent with notice, in which he reiterated his previous comments and concerns surrounding the slope, while acknowledging the limits of the Conservation Commission’s purview under the Wetlands Protection Act. Agent Tragert also reviewed the comments submitted by DEP which are available for public review, Levesque’s responses are as follows: 1.) Concerning Stormwater Report needing to be possibly updated to account for the area being designated Zone II of Public Water Supply. Levesque explained that the report had been updated. 2.) Concerning phasing of the project and proper controls in relation to the amount of simultaneously disturbed area. Levesque explained that they don’t anticipate there being a long period of time before the stormwater systems are established during the Phase 1. He proposed a Condition be included in any final Order of Conditions requiring stabilization of the stormwater basin prior to any paving or binder application on roadways. Commissioner Coady asked whether the current plans call for any silt socks or other catch basin inlet protections. Levesque confirmed that it does and added that prior to roadway grading, all stormwater structures must be plated and covered. Then all stormwater structures should also be set to binder grade so they may function in the interim before later being raised to meet the final road grades. 3.) Concerning BMP manual writings be included in the NOI for easier review by the Commission and a reminder to the applicant that a logbook must be maintained. Levesque explained that they will do that if it is not already included. 4.) Concerning the submittal of the SWPPP. Levesque confirmed that it would be submitted to the Commission prior to construction. 5.) Concerning whether there is a point source in the current plans. Levesque explained that there is an inlet and a forebay within the Buffer Zone and that the stormwater management standards have been met if they are considered point sources. 6.) A note about potentially relevant setbacks. All are being met. 7.) Request for clarification of the meaning of “PDW” marked on the plans. Levesque explained that it stands for “Proposed Dry Well” which is a measure to allow movement of water during frozen ground conditions. 8.) Concerning whether any overflow or spillway from the infiltration basin is included in the plans. Levesque explained that the new basin functions the same despite the change in shape in that should the height of the water overflow the basin, it would overflow into the swale which is beyond the 100-year design storm. Commissioner August requested clarification as to whether any dumpster will be kept on site. Levesque explained that there would be typical residential-use sized waste and recycling cannisters for reach individual unit which will be stored within the garages and used for curbside pick-up by a private company. Commissioner August also asked how salt use would be regulated. Levesque proposed that a Condition be included in any final Order of Conditions that explains any desired road salt restrictions and that it would be the responsibility of the property manager to ensure private snow management services adhere to those conditions. Page 3 Commissioner August asked whether any invasive species were found on the site. Levesque explained that they did not yet take an inventory, but a large amount wasn’t immediately apparent. Since the area will be converted to manicured lawn, it is unlikely that invasives will take over the disturbed areas. Agent Tragert remarked that it is typical in the past to include an invasive species inventory as a pre-construction requirement. Commissioner Coady explained the purpose of invasives control being within the Order of Conditions and agreed that the use of the property will likely prevent the spread of invasives as part of its regular maintenance anyway. Agent Tragert asked whether it would be appropriate to require that horticultural plantings be limited to only native species. Commissioner Coady explained that the current list of species on the plan are all native, and it could be a condition that all plantings do not need to be native, but they must not be invasive according to the Massachusetts Invasives Plants Advisory Group compiled list. Agent Tragert read a public comment submitted in writing by Peggy Graham of 79 Loudville Road in which she expressed their concerns with the project. A history of the area near their property as a brick production site due to the amount of clay was also described. Concern regarding the general drainage and slope stability was expressed as well as increased traffic conditions and loss of wildlife habitat. Commissioner Coady explained that it appears all performance standards are being met according to the presented plan, the stormwater standards have also been met, and a vote must be taken. Commissioner August remarked that the proposed condition by Levesque regarding trees along the limit of work is a good idea and that she believes it is important in respect to the public comments that have been made. Levesque asked that that condition be included in any final Order of Conditions and Commissioner Coady noted that it was planned to be. Commissioner Coady reviewed the list of special conditions discussed during the course of the public hearing that should be included in any final Order of Conditions: • Pre-construction requirement of marking the limit of work and trees to be removed along it for review by the Conservation Commission and/or its Agent. • Pre-construction requirement of the submission of a construction phasing plan in which the stormwater management system must be included in Phase 1. • Stormwater infrastructure catch basins required to be set to binder grade and raised as construction dictates. • Copies of the Homeowners Association documents be provided to the Commission when available (not a pre-construction requirement). • Pre-construction requirement that the SWPPP be submitted to the Commission for review. • During construction, that the Commission be notified at least 24 hours before work to determine the necessity of a breakout barrier commences so that the Agent may be present for that evaluation. • Permanent markers installed along the limit of work to prevent future encroachment of resource areas. Slightly raised bounds with markers set on Page 4  them was discussed, but final design will be submitted to the Commission for approval. • Stockpiles required to be secured by erosion controls and placed as shown on the final approved plans. • Pre-construction requirement that a pre-construction meeting required before the commencement of Phase 1. Thereafter, notification of the Commission at least one week prior to construction beginning for each new unit with conducting additional pre-construction meetings subject to the Commission’s discretion. • Pre-construction requirement of an inventory of invasive species on site within the limit of work. • Nomination of an Environmental Monitor to submit reports on the condition of the site and erosion controls for as long as the ground remains unstable in the same manner as the SWPPP reporting requirements. • A condition that the Conservation Agent will not approve the issuance of a Building Permit until all pre-construction requirements have been met. • No yard waste or other materials will be permitted to be dumped within the Buffer Zone or other resource areas in perpetuity. • These conditions will be added to the list of standard special conditions the Commission issues for large projects. Commissioner Whittemore requested clarification as to the nature of the Homeowners Association, whether a fence is proposed along the limit of work, and how dumping would be prevented. Levesque explained that no fence is proposed, though all landscaping will be managed by a private company and the Homeowners Association will ensure rules that prevent dumping are included and take action on any dumping. Agent Tragert asked whether it would be appropriate to have a condition requiring the evaluation of the isolated vegetated wetlands as possible vernal pools. Commissioner Coady explained that more research is required as to whether that could be established with the Planning Board as without a bylaw, isolated vegetated wetlands are not within the jurisdiction of the Commission. Levesque explained that they will be recommending to the Planning Board that some kind of protection be given to the remaining undeveloped areas of the property. Gerrit Stover added a public comment that Pascommuck Conservation Trust has not evaluated the site but proximity to wetland habitat likely indicates that they could be important wildlife habitat and expressed skepticism at the likelihood of the Homeowners Association voting to restrict its members. Commissioner August asked about the feasibility of including planting along the more thinly vegetated edges. Levesque explained that they do have some screening plantings proposed and are working with the Planning Board to determine them. Existing vegetation in other areas should provide a sufficient barrier. Commissioner Ryan motioned to close the public hearing and to approve the issuance of an Order of Conditions including the standard special conditions and those discussed. Second: August. Unanimously approved. 4. Enforcement Actions Page 5  a. Safron. 66 Cherry Street, Map 149, Lot 99. (EO-2020-002). Agent Tragert conducted a meeting with Safron on 8/24/2020 and explained the history of the violation and that the unstable material is being removed and site stabilized. Commissioner Coady explained that the construction of a patio is possibly exempt from permitting depending on the distance from the resource area. Agent Tragert will organize a site visit. b. CFN Properties LLC, Complete Automotive Repair, 10 O’Neil Street (Map 114, Lot 31). Agent Tragert did not receive any response and did not yet receive a return receipt to her last letter issuing the Enforcement Order. Agent Tragert will research the status of its delivery and consult DEP on further steps. Commissioner Ryan motioned to take item 7b out of agenda order. Second: Whittemore. Unanimously approved. 7. General Business b. Mutter Field – Agent Tragert requested that item 7b be taken out of the order listed on the agenda to accommodate attendees. Agent Tragert updated the Commission on communications with the property owners (Pascommuck Conservation Trust [PCT]) and that no timeline yet exists for them to take action as required after the fact permitting has not yet been determined. Commissioner Coady explained that it must be determined whether the existing stormwater management system can accommodate any increased runoff created by the increase in paved area. Kevin Mulligan, caretaker of the property on behalf of PCT, explained the history of the property, current conditions, and expressed willingness to work with the Commission. 4. Enforcement Actions (Continued) b. Cernak. Westview Terrace, Map 165, Lot 47 (EO-2018-001). No updates. c. Kaufmann. 298 Loudville Road, Map 120, Lot 11 (EO-2019-001). The Commission decided to remove the Enforcement Order for this property as the issue is now regulated by the open Order of Conditions. d. St. Brigid’s Cemetery, Our Lady of the Valley Parish, Everett Street, Map 145, Lot 37 (EO-2019-001). Awaiting monitoring reports for plantings. e. Autumn Properties LLC. (EO 2016-001) No updates. f. Bernard Gawle. 37 South Street. (EO 2013-001) No update. Agent Tragert will reach out to City Planner, Jeff Bagg. 5. Open Space Updates b. Echodale West Orchard Area Improvements. – No updates. c. Lathrop Community of Easthampton. Florence Road – Agent Tragert updated the Commission that future items related to expansion to the Lathrop development. 6. Compliance Updates – Active Projects / Open Permits Commissioner Coady requested that Agent Tragert give a brief summary of any updates in the interest of time. Agent Tragert reported that there are specific updates to report and that those active projects that require reporting have been doing so without incident. b. River Valley Cooperative Market / 228 Northampton Street (MassDEP File #151- 301) for site redevelopment for a new supermarket and related site work. Exp. 3/04/2022. No updates. c. Pleasant Street Mills (MassDEP File #151-273). Exp. 12/20/2020. No updates. d. Lathrop Community of Easthampton / 100 Bassett Brook Drive (MassDEP File #151- 283). Invasive Plant Management. Exp. 07/13/2020. No updates. Page 6  e. Williston Northampton School / Off Taft Avenue (MassDEP File #151-286). No updates. f. City of Easthampton / Nashawannuck Pond (MassDEP File #151-288). Aquatic Vegetation Management via herbicide/algaecide. Exp. 4/25/2021. No updates. g. Loven Properties, Inc. / Off O’Neill Street (MassDEP File #151-287). No updates. h. City of Easthampton / White Brook and Broad Brook (MassDEP File #151-268). Maintenance Dredging. Exp. 05/14/2022. No updates. i. One Industrial Lofts, LLC / 1 Ferry Street – Tract 1 (MassDEP File #151-298). Ferry Street Mill Redevelopment Project. Exp. 12/11/2021. No updates. j. One Industrial Lofts, LLC / 1 Ferry Street – Tract 2 (MassDEP File #151-299). Ferry Street Mill Redevelopment Project. Exp. 12/11/2021. See above. k. City of Easthampton (MassDEP File #151-302) for pump house demolition activities adjacent to Lower Millpond (Map 136, Lots 97, 98 & 99). Exp. 6/13/2022. No updates. l. City of Easthampton (MassDEP File #151-303) for roadway improvements and maintenance of Ferry Street and Pleasant and Lovefield Streets Intersections. Exp 7/22/2022. No updates. m. Beacon Solar, LLC, (MassDEP File # 151-304) for the large-scale solar project property located at 50 Florence Road (Map 115, Lots 2 and 5). Exp. 8/26/2022. No updates. n. Easthampton School Committee (MassDEP File #151-305) for construction of a new school building with associated parking, driveway, utilities, stormwater system, track and field facilities, site amenities, and landscaping at 200 Park Street (Map 157, Lot 83). Exp. 8/26/2022. No updates. o. City of Easthampton (MassDEP File #151-306) for maintenance activities, including spreading of gravel millings in potholed areas within the existing road footprint and then the use of a grader to level the road to existing grades on River Street. Exp. 8/26/2022. Awaiting request for Certificate of Compliance. p. The Zengineer, Rust/Kaufmann property, (MassDEP File #151-308) for installation of a retaining wall as remediation associated with an Enforcement Order. Exp. 6/12/2023. Agent Tragert and Commissioner Ryan conducted a Pre-Construction meeting on 8/11/2020 with Ed Severance and Agnes Kaufmann. Agent Tragert received notification of a request for Administrative Approval for a change in the original plan related to a seepage discovered in the slope and possible changes to the extent of the proposed ”living wall”. The Commission determined that more information was needed to make a determination on issuing Administrative Approval for any changes. 7. General Business a. Meeting Minutes (August 10th, 2020) The Commission requested more time be given to review revisions and the vote was continued to the next scheduled meeting. c. Proposed maintenance treatment for filamentous green algae/macrophytes in Williston Pond – Agent Tragert presented the submitted continued treatment plan and will request clarification on treatment methods. d. Updated Drought Notice – Agent Tragert shared an explanation of implication on permitting process changed resulting from State declaration of drought conditions. 8. Motion to Adjourn: Ryan; Second: Whittemore. Unanimously approved. END OF MEETING at 8:35 PM. Page 7