Conservation Commission

CITY OF CHICOPEE CONSERVATION COMMISSION Minutes of Meeting October 7, 2020 Pursuant to Mass. General Law Ch. 131, Section 40 and the Chicopee Wetland Ordinance Ch. 272, the Chicopee Conservation Commission held a public hearing on Wednesday, October 7, 2020 at 6:15 PM, in person and via video conference (Zoom). Celeste Donovan opened the meeting at 6:15 PM and announced that the meeting was being recorded and read the following statement into the meeting record: Pursuant to Massachusetts General Laws Chapter 131, Section 40 and the Chicopee Wetlands Ordinance, Chapter 272, the Chicopee Conservation Commission calls to order this public hearing today, September 16, 2020 at 6:15 pm. Commissioners are meeting in person and through video conference utilizing Zoom. In order to ensure and satisfy CDC social distancing guidelines during the COVID-19 Pandemic and pursuant to Governor Baker’s March 23, 2020 Order as amended, the Chicopee Conservation Commission is conducting public hearings utilizing remote collaboration technology in accordance with Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, M.G.L. Chapter 30A, Section 18. Copies of application materials for items on the Commission’s agenda may be requested by phone: 413-594-1515 or by emailing Jim Dawson at jdawson@chicopeema.gov Tonight’s public hearings will be available for viewing via the Spectrum Community Access Channel 191 or the Chicopee TV website at www.facebook.com/ChicopeeTV or https://vimeo.com/chicopeetv Public comment will be received during two timeframes. The first public comment period took place prior to tonight’s public hearings. The second public comment period will occur following tonight’s public hearings through October 21, 2020 for newly opened agenda items. Public comments can be submitted in writing to the Chicopee Conservation Commission, 4th floor City Hall Annex, 274 Front Street Chicopee, MA 01013. By email to Jim Dawson at jdawson@chicopeema.gov or by calling 413- 594-1517. All comments received regarding newly opened agenda items will be provided to all Commissioners and discussed this evening or on October 21, 2020. Conservation Commission attendance: Member Present Absent Excused Celeste Donovan (In person) X Charles Payne (In person) X Sharon Balcom X Meghan Balakier (In person) X Planning/Conservation Staff attendance: Member Present Absent Excused Lee Pouliot, Director X James Dawson, Development Manager X Patrick McKenna, Assistant Planner X Nathan Moreau, Associate Planner X Item 1: (Cont. from September 16, 2020) RDA for construction of a single-family house and associated site work on Emery St. Assessor Map 628, Parcel 43. Work will occur within buffer zone to Terrace Escarpment Soils. Applicant: Ryszard and Jolanta Starsiak, 100 Huntington Ave., Chicopee, MA 01020 Notes: Staff provided the Commissioners with an overview of the proposed project as Edward Chapdelaine was delayed in attending via Zoom. The Commission applied the standard conditions to the project. The Commissioners granted a Positive 6 Determination with conditions. Motion to grant a Positive 6 Determination was made by Charles Payne and seconded by Meghan Balakier. Vote was 3-0 to grant a Positive 6 Determination. Member Approve Deny Continue Abstain Celeste Donovan X Charles Payne X Meghan Balakier X Item 2: (Cont. from September 16, 2020) RDA for restoration of Fury Rd. Combat Vehicle Training Route to include installation of guardrails lowering of rail bed grade in one location and vegetation trimming and removal in selected locations. Work will occur within Buffer Zone and Riverfront Area. Location: Westover Air Reserve Base, Assessor Map W3, Parcel 0000W. Applicant: US Airforce – Westover Air Reserve Base (WARB), c/o John Moriarty (USAF AFRC 439 CE/CEV), 250 Patriot Ave. Chicopee, MA 01022 Notes: Jack Moriarty of Westover ARB briefed the Commission on the presentation from September 16, 2020. Staff explained the reasoning for the RDA submission noting the project consisted on improvements to an existing rail bed and roadway to be used for combat training purposes. The Commission granted a Negative 3 and a Negative 5 Determination. Motion to grant a Negative 3 and a Negative 5 Determination was made by Meghan Balakier and seconded by Charles Payne. Vote was 3-0 to grant a Negative 3 and a Negative 5 Determination. Member Approve Deny Continue Abstain Celeste Donovan X Charles Payne X Meghan Balakier X Item 3: (New) RDA for replacement or improvement of eight (8) electrical transmission structures along the ROW for Line 1113. Work will also include select tree removal in Buffer Zone where canopy has grown to within 35-50’ of the wires. Location: Southwest of New Ludlow Rd. Applicant: NSTAR Electric DBA Eversource, 107 Selden St., Berlin, CT 06037 Notes: Celeste Donovan noted that the Commission would be continuing this agenda item to October 21, 2020 to allow for an adequate public comment period due to Covid-19 meeting restrictions. Mary Brittain of GZA GeoEnvironmental, Inc. presented the proposal to the Commission. The Commissioners noted that their standard erosion control measures would be required. The Commission voted to continue the hearing to October 21, 2020. Motion to continue to October 21, 2020 was made by Charles Payne and seconded by Meghan Balakier. Vote was 3-0 to continue to October 21, 2020. Member Approve Deny Continue Abstain Celeste Donovan X Charles Payne X Meghan Balakier X Item 4: (New) NOI for replacement or improvement of eight (8) electrical transmission structures along the ROW for Line 1113. Work will also include select tree removal where canopy has grown to within 35-50’ of the wires. Work will occur within Terrace Escarpment Soils. Location: Southwest of New Ludlow Rd. Applicant: NSTAR Electric DBA Eversource, 107 Selden St., Berlin, CT 06037 Notes: Mary Brittain of GZA GeoEnvironmental, Inc. Explained the project to the Commission noting the project would occur within Terrace Escarpment (TE) Soils. Staff noted that the TE Soils are jurisdictional by the local Ordinance only. Staff noted the submitted plans only showed a 10’ buffer to TE Soils; the actual jurisdictional buffer zone is 100’. The Commission requested the correction be made to the plans and a revised plan submitted for review at the next meeting. The Applicant noted that plans would be corrected to reflect the 100’ buffer and submitted for review by the Commission. Due to Covid-19 meeting restrictions the Commission voted to continue the hearing on this agenda item to October 21, 2020 to allow for an adequate public comment period. Motion to continue to October 21, 2020 was made by Meghan Balakier and seconded by Charles Payne. Vote was 3-0 to continue to October 21, 2020. Member Approve Deny Continue Abstain Celeste Donovan X Charles Payne X Meghan Balakier X Item 5: (New) RDA for the construction of a single-family house and associated site amenities. Work will occur within Wetland Buffer Zone and Buffer Zone to Terrace Escarpment Soils. Location: 322 Dale St. Applicant: MA Homebuyers LLC, 61 Cabot St., Chicopee, MA 01013 Notes: Douglas Serrill of the Berkshire design Group presented the RDA to the Commission. Staff noted that required setbacks should be illustrated on the plans to allow the Commissioners to be able to make a determination regarding limits of work and building setbacks from resource areas. The Commission requested that the plans be revised to show the 50’ and 100’ buffer zone boundaries. Mr. Serrill noted the plan revisions would be made and revised plans submitted for review at the October 21, 2020 meeting. Due to Covid-19 meeting restrictions the Commission voted to continue the hearing on this agenda item to October 21, 2020 to allow for an adequate public comment period. Motion to continue to October 21, 2020 was made by Meghan Balakier and seconded by Charles Payne. Vote was 3-0 to continue to October 21, 2020. Member Approve Deny Continue Abstain Celeste Donovan X Charles Payne X Meghan Balakier X Item 6: (Cont. from July 1 and 15 and August 5 and 19, 2020) Request for Certificate of Compliance for Lot C-1 (NOI 19-003) The Applicant is requesting a Certificate of Compliance for Lot C-1 on Sheridan Street. The Commission issued an Order of Conditions on July 25, 2019. Notes: Staff contacted the Applicant’s Landscape Architect to inquire about a re-inspection of the project site. The Applicant requested a continuance to November 4, 2020 as the requirements from the Commission had not been met for a Certification of Compliance to be issued. Commissioner Donovan read the Applicant’s continuance request into the meeting record. The Commission voted to continue the hearing to November 4, 2020. Motion to continue to November 4, 2020 was made by Charles Payne and seconded by Meghan Balakier. Vote was 3-0 to continue to November 4, 2020. Member Approve Deny Continue Abstain Celeste Donovan X Charles Payne X Meghan Balakier X Item 7: (Cont. from July 1 and 15 and August 5 and 19, 2020) Request for Certificate of Compliance for Lot C-2 (NOI 19-004) The Applicant is requesting a Certificate of Compliance for Lot C-2 on Sheridan Street. The Commission issued an Order of Conditions on July 25, 2019. Notes: Staff contacted the Applicant’s Landscape Architect to inquire about a re-inspection of the project site. The Applicant requested a continuance to November 4, 2020 as the requirements from the Commission had not been met for a Certification of Compliance to be issued. Commissioner Donovan read the Applicant’s continuance request into the meeting record. The Commission voted to continue the hearing to November 4, 2020. Motion to continue to November 4, 2020 was made by Meghan Balakier and seconded by Charles Payne. Vote was 3-0 to continue to November 4, 2020. Member Approve Deny Continue Abstain Celeste Donovan X Charles Payne X Meghan Balakier X Item 8: Enforcement Orders - Update  19 Old Chicopee St. – Removal of vegetative cover within Terrace Escarpment Soils. Staff provided an update on the Enforcement Orders noting that the owner of 19 Old Chicopee St. was made aware of the Terrace Escarpment (TE) Soils on his property and the process he had to follow in order to develop/improve his property. However, clearing of vegetation occurred without the proper filing with the Commission. Notes: Fines issued September 25, 2020  1269 Memorial Dr. – Removal of vegetative cover, excavation and paving within Riverfront Area of Willimansett Brook and within Buffer Zone. Notes: Fines issued September 25, 2020 – Property Owner working with an environmental consultant to address the issue. Item 9: Minutes from September 16, 2020 Motion to approve was made by Meghan Balakier and seconded by Charles Payne. Vote was 3-0 to approve. Member Approve Deny Continue Abstain Celeste Donovan X Charles Payne X Meghan Balakier X Item 10: Sign Bills – No Bills to sign. Item 11: Upcoming Project Updates/Discussion  Enforcement Order – Sunflower Avenue – Violator dug foundation hole and installed a concrete footing within Terrace Escarpment Soils and their Buffer Zone without Conservation filing.  54 Dejordy Lane – Letter to be sent to property owner requesting information regarding site work that may  be within a jurisdictional area.  Upcoming NOI for 30 Buckley Boulevard – Site work associated with new Marijuana facility. Notes: Staff gave a brief summary of the 54 Dejordy Lane issue. The Commissioners ratified the Enforcement Order for Sunflower Avenue. Staff handed out the NOI submission for 30 Buckley Boulevard to the in person attending Commissioners noting it would be placed on the October 21, 2020 agenda. Item 12: Adjournment – Next scheduled meeting is October 21, 2020 Motion to adjourn was made by Meghan Balakier and seconded by Charles Payne. Vote was 3-0 to adjourn. Member Approve Deny Continue Abstain Celeste Donovan X Charles Payne X Meghan Balakier X Meeting adjourned at 7:15 PM.