Conservation Commission

CITY OF CHICOPEE CONSERVATION COMMISSION Minutes of Meeting July 17, 2024 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, July 17, 2024 at 6:15 PM in the Chambers Conference Room, City Hall Annex, 4th Floor, 274 Front St., Chicopee, MA 01013 Celeste Donovan opened the meeting at 6:15 PM and announced that the meeting was being recorded. Conservation Commission attendance: Member Present Absent Excused Celeste Donovan X Charles Payne X Meghan Balakier X Richard Valcourt X Bianca Thomas X Barbara Chamberlain X Sharon Balcom X Planning/Conservation Staff attendance: Member Present Absent Excused Lee Pouliot, Director X James Dawson, Development Manager X Nick Kiser, Associate Planner X Patrick Collins, Assistant Planner X Item 1: NOI for culvert repair to address a collapsed pipe that conveys roadway stormwater drainage. Work to occur within buffer zone to bank. Location: Rt. 33 (Memorial Dr.) near Irene St. Applicant: Patricia Leavenworth, MassDOT – District 2, 811 N. King St., Northampton, MA 01060 Notes: Billie Li of MassDOT presented the NOI to the Commission. Ms. Li explained the problem with the erosion and sink holes that have been occurring multiple times at this location of Memorial Drive (Rt. 33) since January, 2024. Conservation Staff noted that a similar event occurred earlier in the 2000s as a result of a severe thunderstorm event. Ms. Li explained that the City issued Emergency Certifications in May and early June of 2024 and MassDEP issued an Emergency Certification in late June that was amended in early July when Riverfront Area was affected by one of the washouts. Ms. Li explained the process that the project would follow for the remidiation of the issue of the recurrent washouts and sink holes. The problem is believed to be caused by a collapsed stormwater pipe. The collapse pipe is approximately 28’ deep and access to it will be difficult. A new stormwater pipe is proposed. The collapsed pipe will be abandoned in place. Ms. Li also explained the process of restoring the disturbed area of the project and immediatly surrounding it. The Commission would like the entire distrubed area of the project to be managed for invasive species until the restoration is adequately established and the site is stabilized. The Commission approved an Order of Conditions with extensive Special Conditions. Motion to approve and issue an Order of Conditions with Special Conditions was made by Charles Payne and seconded by Richard Valcourt. Vote was 5-0 to approve and issue an Order of Conditions with Special Conditions. Member Approve Deny Table Abstain Celeste Donovan X Charles Payne X Meghan Balakier X Richard Valcourt X Sharon Balcom X Item 2: RDA for the construction of a 100,000 SF warehouse and manufacturing facility with associated site improvements. Proposed work is outside of all resource areas and their associated buffer zones. RDA is for confirmation of the boundaries of resource and buffer zones. Location: Robbins Rd. Assessor Map 109, Parcel 1, Chicopee, MA. Applicant: Trafa Pharmaceuticals, Inc. c/o Shahid Habib, 140 Padgette St., Chicopee, MA 01022 Notes: Mike Bowen of R. Levesque Associates presented the RDA to the Commission. Mr. Bowen explained that the project, as proposed, was to occur outside of all wetland resource areas and buffer zones. He reviewed the location of the flagged wetland and buffer zone areas surrounding the project site. Staff noted that based on numerous past delineations it was confident that the flagged and mapped resource areas and their respective buffer zones were accurate. Based on the RDA, Staff recommended the following determinations: Positive 2A, Negative 1, Negative 4, and Negative 6. The Commission inquired about the number of trees being cleared and asked what would be replaced. Staff stated that the project had to adhere to specific regulations for the number of trees and shrubs that are required to be planted based on the Zoning Regulations for the district in which the project lies. The Commission approved the Determination of Applicability with the recommended Determinations above. Motion to issue Positive 2A, Negative 1, Negative 4, and Negative 6 Determinations was made by Charles Payne and seconded by Sharon Balcom. Vote was 5-0 to issue Positive 2A, Negative 1, Negative 4, and Negative 6 Determinations. Member Approve Deny Table Abstain Celeste Donovan X Charles Payne X Meghan Balakier X Richard Valcourt X Sharon Balcom X Item 3: Request for Certificate of Compliance – The Massachusetts Department of Conservation and recreation is seeking a partial Certificate of Compliance for activities associated with the Chicopee Reservoir Annual Drawdown and Vegetation Management Project. Notes: Representatives from Tighe & Bond and the Massachusetts Department of Conservation and Recreation (DCR) presented the request to the Commission. They explained that the request was for a Partial Certificate of Compliance for the vegetation management portion of the project nearest the Chicopee Reservoir Dam. They explained the remainder of the OOC would be in effect until its expiration in 2026. The Commission and Staff were satisfied with the results of the vegetation management portion of the project. The Commission voted to approve the request for a Partial Certificate of Compliance. Motion to issue a Partial Certificate of Compliance was made by Richard Valcourt and seconded by Charles Payne. Vote was 5-0 to issue a Partial Certificate of Compliance. Member Approve Deny Table Abstain Celeste Donovan X Charles Payne X Meghan Balakier X Richard Valcourt X Sharon Balcom X Item 4: Minutes from June 5, 2024 Motion to approve was made by Meghan Balakier and seconded by Sharon Balcom. Vote was 5-0 to approve. Member Approve Deny Table Abstain Celeste Donovan X Charles Payne X Meghan Balakier X Richard Valcourt X Sharon Balcom X Item 5: Sign Bills – Staff noted there were no bills to sign. Item 6: Upcoming Projects/Discussion/Communications • Update - 129 Dejordy Lane Enforcement Order – Mr. Antonio Paulo to update his progress of the Restoration Plan associated with the Enforcement Order issued in May of 2023. On June 5, 2024 the Commission again requested the Restoration plan be completed by June 30, 2024. Fines of $10 per day may begin to accrue on July 1, 2024 for each day the Restoration Plan is not completed. The Commission has required Mr. Paulo to attend the meeting on July 17, 2024. Notes: Mr. Paulo was in attendance to provide the Commission with an update on his progress regarding the Restoration Plan resulting from an Enforcement Order issued in May of 2023. Mr. Paulo stated that he had completed the spreading of the loam over the site and was in the process of obtaining the seed to sow at the project site. Mr. Paulo asked if the Commission would accept the use of Ecolawn seed as opposed to the original approved New England seed mix. Staff thought that this was acceptable. Mr. Paulo had concerns about the location of the sewer easement and the installation of the required woody vegetation plantings. Staff recommended that Mr. Paulo contact the City Engineer to determine the exact location of the sewer easement. Staff noted they would follow up with the City Engineer as well. It was Staff’s opinion that since the easement is to be mowed at least once per year that no woody vegetation be placed within the easement, but this was to be confirmed by the City Engineer. The Commission requested that Mr. Paulo be present at the September 4, 2024 meeting to provide another update on his progress. They also stated that the project must be entirely completed by no later than October 1, 2024 or fines would be implemented at their discretion. • Erosion on the Flood Control Levee – End of Forest Street. Work to repair the levee is covered by the Extension Permit for Flood Control System maintenance. The Extension Permit was approved by the Commission in December of 2023 and is valid through January 17, 2027. Notes: Staff provided the Commission with a brief explanation of the situation and explained the work on the flood control system was covered by a valid OOC. Item 7: Adjournment – Next meeting is scheduled for August 7, 2024. Motion to adjourn was made by Richard Valcourt and seconded by Charles Payne. Vote was 5-0 to adjourn. Member Approve Deny Continue Abstain Celeste Donovan X Charles Payne X Meghan Balakier X Richard Valcourt X Sharon Balcom X Meeting adjourned at 7:36 PM.