Jul 22, 2019
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Conservation Commission Meeting

July 16, 2019
Meetings & Notices

Conservation Commission
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Meeting Notice

Tuesday, July 16, 2019


The North Adams Conservation Commission will hold a meeting on Tuesday, July 16, 2019, at 6:00 p.m. in conference room 202 in City Hall.

AGENDA

Roll call 6:00 p.m.

Public hearings old business

• A Notice of Intent submitted by Fuss & O’Neill on behalf of Berkshire Gas Company for property located at 1160 South State Street. The applicant is seeking an Order of Conditions for a project that will include disconnection and removal of equipment, installation of new concrete structures, piping modifications and connections, and electrical system modifications.

Other business

• Request for Certificate of Compliance submitted by Nathan Samson for property located at 1356 Church Street, lot 39.
• Ratification of Enforcement Order for John D. Duquette, Jr., for property located at Rear Ashland Street and 0 South State Street.

Approval of minutes

• Public meeting – July 2, 2019

Adjournment




Jason Moran, Chairman
North Adams Conservation Commission
July 11, 2019
CITY OF NORTH ADAMS, MASSACHUSETTS

Conservation Commission
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PUBLIC MEETING

MINUTES

July 16, 2019

Members present Chairman Jason Moran, Jason Canales, Andrew Kawczak, and Tim Lescarbeau

Members absent Elena Traister and Adam Galambos

Call to order Chairman Moran called the public meeting to order 6:00 p.m. with the presence of a quorum.

Public hearings old business

• A Notice of Intent submitted by Fuss & O’Neill on behalf of Berkshire Gas Company for property located at 1160 South State Street. The applicant is seeking an Order of Conditions for a project that will include disconnection and removal of equipment, installation of new concrete structures, piping modifications and connections, and electrical system modifications.

Chairman Moran continued the public hearing to Aimee Bell of Fuss & O’Neill and Travas McCarthy from Berkshire Gas. Ms. Bell explained that they haven’t made final changes to the plans as they were waiting for comments from the Planning Board, Natural Heritage and the commission. Ms. Bell gave a brief overview of the project. The proposal hasn’t changed. They are still planning the same piping, adding a mixer in a closed container as well as another piece of machinery. No work in the resource area has changed; it still remains as the installation of the silt fence and the trenching for the underground electrical. Mr. McCarthy explained that they would use silt fence and straw wattle on the fence line so that the construction area isn’t so tight. Chairman Moran clarified that the revised erosion control would be in the new plans.

Ms. Bell stated that stockpiling will be outside the resource areas. Ms. Bell went through the comments from DEP. Question one referred to National Heritage and their response was a negative determination so that was not an issue. Question two regarded previously disturbed vs degraded and that was explained. The site is degraded. Question three was in regard to improvement of the site. Berkshire Gas has agreed to leave the railroad ties out. Mr. McCarthy explained that it is a decommissioned rail spur. There is currently stone, ties and rails. They intend to leave the stone to improve the porosity of the area. Ms. Bell stated that Berkshire Gas has removed some of the concrete equipment pads that are no longer being used. Mr. McCarthy stated that they will be loamed and seeded in the end. Commissioner Kawczak inquired about whether that was indicated on the on plans now. Mr. McCarthy confirmed and pointed out the locations.

Ms. Bell stated that they had addressed all DEP comments and requested any other questions from the commission. Chairman Moran inquired about what the squares that look like ladders were that are west of the railroad. Mr. McCarthy explained that they were stairs to platforms from the previous railroad.

Chairman Moran requested any further questions from the board or the audience. Chairman Moran clarified that new plans will be submitted to the commission secretary. Chairman Moran requested a motion to close the public hearing and open the setting of the Order of Conditions. Commissioner Kawczak made a motion to close the public hearing. Commissioner Canales seconded the motion. All in favor. Motion carried.

Chairman Moran stated that the standard Order of Conditions should cover it with the new drawings. Commissioner Kawczak stated that he would like new drawings to include revision date as well as clearly marked revisions. Ms. Bell confirmed that they would clearly mark the revisions.

Chairman Moran requested any further comments from the commission. No further comments.

Commissioner Kawczak made a motion to accept the NOI as submitted with proposed changes. Commissioner Canales seconded the motion. All in favor. Motion carried.

Chairman Moran explained that there is a 10-day appeal process. Once the final plans are submitted, the Order of Conditions can be issued and the appeal period can begin. Chairman Moran explained to Mr. McCarthy that once the appeal period is over, he has permission to begin the project.

Other business

• Request for Certificate of Compliance submitted by Nathan Samson for property located at 1356 Church Street, lot 39.

Chairman Moran opened the public hearing to Nathan Samson. Mr. Samson explained that the project is near completion, they just need to add a couple of plants. He has filed for a Certificate of Occupancy and is in need of the Certificate of Compliance to complete that process.

Chairman Moran inquired about whether there were any changes from the original plan. Mr. Samson stated that they were not financially able to complete the garage. Chairman Moran explained that he would need to refile in the future to complete the garage.

Mr. Samson inquired about whether he needed to go before the commission again in the future if he planned to do work outside of the buffer zone. Chairman Moran explained that if he was within 100 foot buffer zone he would have to go before the board again but if he was outside of that area, that was not in the board’s jurisdiction.

Chairman Moran stated that if a certificate was issued it would note that the garage has been removed. He did a site visit and most vegetation is established. He advised Mr. Samson to leave erosion control up a little longer. Mr. Samson inquired on the length of time to leave the erosion control up. Chairman Moran advised as long as he was comfortable so that it doesn’t wash out. Mr. Samson inquired about whether the erosion control needs to be removed. Chairman Moran explained that the silt fence is not biodegradable so he should remove it at some point.

Commissioner Kawczak commented that the foundation of the garage is already in so the actual earth moving construction has already happened so Mr. Samson may not need to go before the commission again. Chairman Moran stated that he would retract his comments regarding the garage due to the foundation already being in as long as they would not be touching the vegetation to complete the construction of the garage.

Chairman Moran requested any further comments from the commission. No further comments. Chairman Moran requested a motion to accept the Certificate of Compliance. Commissioner Kawczak made a motion to accept the Certificate of Compliance with compliments to the applicant for adhering to the requirements. Commissioner Lescarbeau seconded the motion. All in favor. Motion carried.

Chairman Moran explained that the paperwork will be available soon. Mr. Samson inquired about the timeline. Chairman Moran encouraged Mr. Samson to do it soon so he doesn’t forget.

• Ratification of Enforcement Order for John D. Duquette, Jr., for property located at Rear Ashland Street and 0 South State Street.

Chairman Moran opened the public hearing. Chairman Moran explained that fill was put on Mr. Duquette’s property and the city’s property without permission. The Conservation Commission has issued an Enforcement Order to return the site to its original condition. Chairman Moran requested a motion to accept the ratification.

The complainant, Mr. Simard inquired about the process. Chairman Moran advised him to check in with the secretary for updates.

Commissioner Kawczak made a motion to accept the ratification of the Enforcement Order. Commissioner Lescarbeau seconded the motion. All in favor. Motion carried.

Approval of minutes Chairman Moran requested a motion to approve the minutes of July 2, 2019. Commissioner
Kawczak made a motion to accept the minutes. Commissioner Canales seconded the motion. All in favor. Motion carried.

Adjournment Meeting adjourned at 6:24 p.m.


Respectfully submitted,

Michelle Ells
Conservation Commission Secretary


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