REQUEST FOR DETERMINATION OF APPLICABILITY ......service line for the proposed security line will...

FLS Project E2820

DEP FILE #: ________________

REQUEST FOR DETERMINATION OF

APPLICABILITY Proposed Outdoor Marijuana Cultivation & Related Site Work

Property Location:

997 Pecks Road

Pittsfield, MA 01201

Applicant:

Northeast Cultivation

45 Bodwell Street

Avon, MA 02322

Property Owner:

Three Maple Realty Trust

1001 Pecks Road


Civil Engineer:

Foresight Land Services, Inc.

1496 West Housatonic Street


January 2021

TABLE OF CONTENTS

Supplemental Exhibits to a Request for Determination of Applicability

Submitted to the Pittsfield Conservation Commission

for Northeast Cultivation

997 Pecks Road, Pittsfield, MA 01201

Wetlands Protection Act Form 1 – Request for Determination of Applicability

Exhibit A ……………………… Figures

A-1 USGS Location Map (Pittsfield West QUAD, 1987)

A-2 USDA Web Soil Survey Map

A-3 Priority Habitats and Estimated Habitats- Effective August

1, 2017 Pittsfield West QUAD, Priority Habitats for use

with MA Endangered Species Act Regulations (321 CMR

10) Estimated Habitats for use with MA Wetlands

Protection Act Regulations (310 CMR 10)

A-4 FEMA Flood Insurance Rate Map, MassGIS Data

A-5 Assessors Map E17-0001-101

Exhibit B ……………………… Project Narrative, Foresight Land Services, Inc.

Exhibit C ……………………… Construction-Phase Measures for the Control of Sediment

and the Protection of Wetlands

Exhibit D ……………………… Proposed Site Plan, 997 Pecks Road, Pittsfield, MA

Foresight Land Services, Inc.

SP-1 Proposed Outdoor Marijuana Cultivation Site Plan

SP-2 Site Details

wpaform1.doc • rev. 7/27/2020

WPA Form 1 – Request for Determination of Applicability • Page 1 of 4

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Pittsfield City/Town

A. General Information

Important:

When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key.

1. Applicant:

Northeast Cultivation Name

Jack Carney <jack@colonialcannabisc E-Mail Address 45 Bodwell Street

Mailing Address

Avon City/Town

MA State

02322 Zip Code

Phone Number

Fax Number (if applicable)

2. Representative (if any):

Foresight Land Services, Inc. Firm

Marc Volk Contact Name

[email protected] E-Mail Address

1496 West Housatonic Street Mailing Address


MA State

01201 Zip Code

413 499 1560 Phone Number

Fax Number (if applicable)

B. Determinations

1. I request the Pittsfield Conservation Commission

make the following determination(s). Check any that apply:

a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to

jurisdiction of the Wetlands Protection Act.

b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced below are accurately delineated.

c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act.

d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction

of any municipal wetlands ordinance or bylaw of:

Name of Municipality

e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s).






C. Project Description

1. a. Project Location (use maps and plans to identify the location of the area subject to this request):

997 Pecks Road Street Address


Map E17-0001-101 Assessors Map/Plat Number

Parcel/Lot Number

b. Area Description (use additional paper, if necessary):

The property is located at 997 Pecks Road located in the northwest portion of the city, on the west side of Pecks Road on the Lanesborough town line. The property is approximately 19.4 acres of mostly open relatively flat meadow, located behind residential parcels fronting on Pecks Road. Daniels Brook, a perenial brook, runs north to south on the western boundary of the parcel. There is a metal barn on the parcel and livestock fencing exists at the perimeters of the meadow. There is an existing gravel access road entering off Pecks road on the southerly frontage of the property, the gravel drive runs through the property to the westerly abutting parcel that is a solar field, there is an existing bridge over Daniels Brook to the west abutting parcel. The property is used for agricultural purposes, currently for sheep, cattle and hay field.

c. Plan and/or Map Reference(s):

Proposed Site Plan, Colonial Cannabis Co. - Foresight Land Services SP-1 Title

1-5-2021 Date

- Title

Date

Title

Date

2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary):

The proposed project is the use of the existing meadow and barn for the cultivation of Cannabis. The project will be setback from the MAHW of Daniels Brook by a minimum of 100 feet and will be located entirely outside the 100 year floodplain of Daniels Brook. A max of 40 hoop houses (24'x84') are proposed for the growing season within the existing meadow, the existing barn will be utilized for production. Two rows of security fencing are proposed around the perimeter of the facility. Utilities of water and electric are proposed within the existing gravel driveway. In accordance with 310 CMR 10.04(a)1. the existing and proposed uses of the subject parcel fit the definition of and allow the property to be considered “Land in Agricultural Use”. Please see Project Narrative for additional description and information.






C. Project Description (cont.)

b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary).

310 CMR 10.04(a)1. "Land in Agricultural Use" 310 CMR 10.58 (2)3.c. "new agricultural and aquacultural activites" 310 CMR 10.02(2)(b)2.h. & i. "Minor Activites within buffer zone" including installation of utility poles

and underground utility lines within an existing driveway and shoulders (Please see Project Narrative for additional description and information)

3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project.

Single family house on a lot recorded on or before 8/1/96 Single family house on a lot recorded after 8/1/96 Expansion of an existing structure on a lot recorded after 8/1/96 Project, other than a single-family house or public project, where the applicant owned the lot

before 8/7/96 New agriculture or aquaculture project Public project where funds were appropriated prior to 8/7/96 Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed

restriction limiting total alteration of the Riverfront Area for the entire subdivision Residential subdivision; institutional, industrial, or commercial project Municipal project District, county, state, or federal government project Project required to evaluate off-site alternatives in more than one municipality in an

Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection.

b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.)

JAlberti

Typewriter

Marc S. Volk, VP Foresight Land Services, Inc.

JAlberti

Typewriter

1/6/2021

UNITED STATES GEOLOGICAL SURVEY MAP

N.T.S.

FORESIGHT LAND SERVICES, INC. ENGINEERING ● SURVEYING ● PLANNING



Exhibit A-1

USGS Pittsfield West QUAD, 1987 ed.

Source MASSGIS

997 Pecks Road


A

LOCUS

USDA WEB SOIL SURVEY MAP

Map Unit Symbol Map Unit Name

34A Fredon fine sandy loam, 0 to 3 percent slopes

58A Natchaug and Catden mucks, 0 to 2 percent slopes

267B Copake fine sandy loam, 3 to 8 percent slopes

267C Copake fine sandy loam, 8 to 15 percent slopes

269A Groton gravelly sandy loam, 0 to 3 percent slopes

269C Groton gravelly sandy loam, 8 to 15 percent slopes

269D Groton gravelly sandy loam, 15 to 25 percent slopes

270A Hero loam, 0 to 3 percent slopes

272D Hoosic gravelly fine sandy loam, 15 to 25 percent slopes

600 Pits, gravel

N.T.S.




Exhibit A-2

USDA NRCS Web Soil Survey Map

997 Pecks Road


A

LOCUS

PRIORITY HABITATS AND ESTIMATED HABITATS Effective August 1, 2017

Priority Habitats for use with the MA Endangered Species Act Regulations (321 CMR 10)

Estimated Habitats for use with the MA Wetland Protection Act Regulations (310 CMR 10) Produced by Natural Heritage & Endangered Species Program

MA Division of Fisheries and Wildlife

N.T.S.




Exhibit A-3

NHESP

Priority Habitat Map

Source MASSGIS

997 Pecks Road


A

LOCUS

No NHESP

Polygons in

Vicinity

NATIONAL FLOOD INSURANCE PROGRAM

N.T.S.




Exhibit A-4

FEMA Flood Zone Map

Source MASSGIS

997 Pecks Road


A Zone

LOCUS

AE Zone

ASSESSOR’S MAP

N.T.S.




Exhibit A-5

Pittsfield GIS Assessor’s Map

Map E17-0001-101

997 Pecks Road


LOCUS

ENGINEERING · SURVEYING · PLANNING · ENVIRONMENTAL SERVICES

L A N D S E R V I C E S, I N C.

F O R E S I G H T

Steven A. Mack, P.E.*

Marc S. Volk Marc A. LeVasseur

Professionals Registered in Massachusetts and New York*

Foresight Building · 1496 West Housatonic Street · Pittsfield, MA 01201 · Tel (413) 499-1560 ·Fax (413) 499-3307

South County Tel (413) 528-8822 · Conn. Valley Tel (413) 736-4601

Email: [email protected] · website: http://www.foresightland.com

Project Narrative

Proposed Outdoor Marijuana Cultivation & Related Site Work

997 Pecks Road


PROJECT SCOPE

This narrative is being submitted as part of a Request for Determination of Applicability filed on

behalf of the applicant Northeast Cultivation C/O Jack Carney, for proposed outdoor marijuana

cultivation and related site work. The subject parcel of the proposed work is located at 997 Pecks

Road (Pittsfield Assessor’s Map E17-0001-101). Daniels Brook, a perennial stream, is located

along the western property line of the subject parcel, flowing from north to south. The proposed

work will consist of the following; the annual installation and removal of the proposed “hoop

houses” for cultivation purposes during the growing season (maximum 40 hoop houses),

construction of a proposed parking area, installation of electrical and water utility lines and storage

tanks, installation of a double security fence and security lighting around the perimeter,

installation of proposed utility poles along the existing driveway and related site work (see site

plan for details). In accordance with 310 CMR 10.04(a)1. the existing and proposed uses of the subject parcel fit the

definition of and allow the property to be considered “Land in Agricultural Use”. The definition of

“Land in Agricultural Use” as defined by 310 CMR 10.04(a) is displayed below in italics:

310 CMR 10.04

For the purposes of 310 CMR 10.04 the following words and phrases have the following

meanings:

(a) Land in Agricultural Use means land within resource areas or the Buffer Zone

presently and primarily used in producing or raising one or more of the following

agricultural commodities for commercial purposes:

1. animals, including but not limited to livestock, poultry, and bees;

2. fruits, vegetables, berries, nuts, maple sap, and other foods for human consumption;

3. feed, seed, forage, tobacco, flowers, sod, nursery or greenhouse products, and

ornamental plants or shrubs; and

4. forest products on land maintained in forest use, including but not limited to biomass,

saw logs, and cordwood, but not including the agricultural commodities described in 310

CMR 10.04: Agriculture(a)1. through 3.

EXISTING CONDITIONS

The project area is located on a 19.4 acre parcel (Pittsfield Assessors Map E17-0001-101) at 997

Pecks Road, Pittsfield. Daniels Brook, a perennial stream, flows north to south along the western

property line of the subject parcel. The majority of the site consists of existing open meadow

currently used for the raising of livestock. There is an existing barn building located on the south

mailto:[email protected]

http://www.foresightland.com/

FORESIGHT LAND SERVICES, INC.

January 6, 2021

Page 2

Z:\engineering\E2820 Northeast Cultivation\380 RFDA- Project Narrative.doc Page 2 of 5

side of the existing gravel driveway, adjacent to the southern property line. There is a small

intermittent stream located at the southeastern corner of the subject parcel. The Bank (310 CMR

10.54) of the Daniels Brook on site consists of a shallow vegetated embankment located along the

western property line. A portion of the subject parcel is located within the 200’ Riverfront Area of

Daniels Brook; however, in accordance with 310 CMR 10.58 (2)3.c. the Riverfront Area shall be

defined as a parallel line 100’ away from the Mean Annual High Water Mark of the brook “for

new agricultural and aquacultural activities”. As mentioned above and defined in 310 CMR

10.04(a), the existing and proposed uses of the subject parcel shall be considered “agricultural

use”.

310 CMR 10.58(2)

3. The Riverfront Area is the area of land between a river's mean annual high-water line

measured horizontally outward from the river and a parallel line located 200 feet away,

except that the parallel line is located:

a. 25 feet away in Boston, Brockton, Cambridge, Chelsea, Everett, Fall River, Lawrence,

Lowell, Malden, New Bedford, Somerville, Springfield, Winthrop, and Worcester;

b. 25 feet away in densely developed areas, as designated by the Secretary of the

Executive Office of Energy and Environmental Affairs pursuant to 301 CMR 10.00:

Densely Developed Areas; and

c. 100 feet away for new agricultural and aquacultural activities. Measured horizontally

means that the riverfront area extends at a right angle to the mean annual high-water line

rather than along the surface of the land.

Soils in the area of proposed work are shown on the attached USDA Web Soil Survey Map as

Copake fine sandy loam, 3 to 8 percent slopes and Groton gravelly sandy loam, 0 to 3 percent

slopes.

According to FEMA Flood Insurance Rate Map data taken from MassGIS, a portion of the subject

parcel around Daniels Brook is located within the A Zone 100 Year Floodplain of the Daniels

Brook. No work is proposed within Zone A.

According to the current Natural Heritage & Endangered Species Program (NHESP) mapping

taken from MassGIS, there are no NHESP designated polygons in the vicinity of the subject

parcel. There are no potential or certified vernal pools located on the property. None of the

proposed work will take place within any NHESP Estimated or Priority Habitat designated areas.

According to MassGIS, no portion of the property is located within an Area of Critical

Environmental Concern (ACEC). Erosion control devices and practices shall be implemented to

protect resource areas.

WETLAND RESOURCE AREAS

The wetland resource areas present on the property are Bank (10.54), Bordering Land Subject to

Flooding (10.57), and Riverfront Area (10.58) associated with Daniels Brook and Bank (10.54)

associated with a small intermittent stream located in the southeast corner of the parcel. The

intermittent stream described above begins as a flow from the ground, just south of the existing

gravel driveway, and has no associated wetland vegetation. It has not been confirmed, but


January 6, 2021

Page 3


Foresight believes that the intermittent stream is fed by underground hydrology, flowing from a

pond on the opposite side of Pecks Road, under the road to where it surfaces just south of the

existing driveway. There were no Bordering Vegetated Wetlands observed on site.

As mentioned above and in accordance with 310 CMR 10.58 (2)3.c, the Riverfront Area for this

project shall be defined as a parallel line 100’ away from the Mean Annual High Water Mark of

the brook “for new agricultural and aquacultural activities”, which this project is. As designed, the

only portion of proposed work that will take place within the 100’ Riverfront Area will be the

installation of a section of the outer chain link security fence.

The site work is proposed to be done using methods to protect the interests of the Wetlands

Protection Act and other required zoning regulations. Sedimentation and erosion control measures

are proposed between the work area and the wetland resource area, and shall be maintained

according to the erosion control standards attached until the site has stabilized with permanent

vegetation.

PROPOSED WORK

As mentioned above, and defined in 310 CMR 10.04(a)1. the existing and proposed uses of the

subject parcel fit the definition of and allow the property to be considered “Land in Agricultural

Use”. Also in accordance with 310 CMR 10.58 (2)3.c, the Riverfront Area for this project shall be

defined as a parallel line 100’ away from the Mean Annual High Water Mark of the brook “for

new agricultural and aquacultural activities”, which this project is.

The proposed work will consist first of installation of the erosion controls as shown on the attached

site plan for the protection of wetland resource areas. Once erosion controls are in place,

construction of the proposed gravel parking area and gravel fire access road can begin. The

proposed gravel parking area will be approximately 100’ long by 60’ across and will accommodate

20 normal sized parking spaces. The proposed gravel fire access road will begin at the existing

gravel driveway and follows the eastern perimeter fence to the northern end of the field. The

proposed parking area and fire access drive are located entirely outside any Wetlands Protection

Act jurisdictional areas.

A perimeter security fence, with security lighting all around, is proposed to be constructed around

the hoop house area of the meadow. The double security fence will consist of an outer 4’ tall

typical chain link fence and an inner 6’ tall chain link fence with screening fabric. Both of the

proposed security fences are proposed to be constructed with a gap along the bottom,

approximately 6” above grade, to allow safe wildlife passage underneath the fences. The electrical

service line for the proposed security line will follow along the inside of the inner fence. A portion

of the outer security fence is located within the 100’ Riverfront Area (as defined in 310 CMR

10.58 (2)3.c) of Daniels Brook. The only ground disturbing portion work proposed within the

Riverfront Area will be for the setting of fence posts.

New utility poles are required to be installed to connect the proposed work to electrical power.

New utility poles will be installed along the existing gravel driveway, leading to the existing barn.

A new 2” underground water service line will be installed running from Pecks Road, underneath

the existing gravel driveway, to the existing barn building. Two 3,000 gallon water holding tanks


January 6, 2021

Page 4


will be installed on a gravel bed, adjacent to the existing gravel driveway. The proposed water

holding tanks will be located entirely outside any Wetlands Protection Act jurisdictional areas.

One of the proposed utility poles and a portion of the proposed water service line are located

within the 100’ Buffer Zone of the intermittent stream located in the southeast corner of the parcel;

however, in accordance with 310 CMR 10.02(2)(b)2.h. & i. (displayed below in italics) installation

of directly embedded utility poles adjacent to existing driveways and installation of underground

utilities within an existing driveway are considered “minor activities” that are not subject to

Wetlands Protection Act regulation.

(b) Activities Within the Buffer Zone. Any activity other than minor activities identified in

310 CMR 10.02(2)(b)2. proposed or undertaken within 100 feet of an area specified in 310

CMR 10.02(1)(a) (hereinafter called the Buffer Zone) which, in the judgment of the issuing

authority, will alter an Area Subject to Protection under M.G.L. c. 131, § 40 is subject to

regulation under M.G.L. c. 131, § 40 and requires the filing of a Notice of Intent. (See also

310 CMR 10.05(3)(a)2.). The areas subject to jurisdiction identified in 310 CMR

10.02(1)(b) through (f) do not have a buffer zone.

1. Minor activities, as described in 310 CMR 10.02(2)(b)2., within the buffer zone and

outside any areas specified in 310 CMR 10.02(1)(a) through (e) are not otherwise subject

to regulation under M.G.L. c. 131, § 40 provided that the work is performed: solely within

the buffer zone, as prescribed in 310 CMR 10.02(2)(b)2.a. through q., in a manner so as to

reduce the potential for any adverse impacts to the resource area during construction, and

with post-construction measures implemented to stabilize any disturbed areas. Factors to

consider when measuring the potential for adverse impacts to resource areas include the

extent of the work, the proximity to the resource area, the need for erosion controls, and

the measures employed to prevent adverse impacts to resource areas during and following

the work.

2. The following minor activities, provided that they comply with 310 CMR 10.02(2)(b)1.,

are not otherwise subject to regulation under M.G.L. c. 131, § 40:

…

h. Installation of directly embedded utility poles and associated anchors, push braces or

grounding mats/rods along existing paved or unpaved roadways and private

roadways/driveways, and their existing maintained shoulders, or within existing railroad

rights-of-way, provided that all work is conducted within ten feet of the road or driveway

shoulder and is a minimum of ten feet from the edge of the Bank or Bordering Vegetated

Wetland and as far away from resource areas as practicable, with no additional tree

clearing or substantial grading within the buffer zone, and provided that all vehicles and

machinery are located within the roadway surface during work;

i. Installation of underground utilities (e.g., electric, gas, water) within existing paved or

unpaved roadways and private roadways/driveways, provided that all work is conducted

within the roadway or driveway and that all trenches are closed at the completion of each

workday;

The remainder of the proposed work will consist of the annual installation and removal of the

proposed “hoop houses” for cultivation purposes during the growing season (maximum 40 hoop

houses) and minor site grading across the existing open field, to create a level surface for the


January 6, 2021

Page 5


annual installation of the hoop houses (see site plan for more details). All of the proposed seasonal

installation and removal of the hoop houses is located outside the 100’ Riverfront Area of Daniels

Brook.

All disturbed areas will be loamed, seeded and straw mulched. All sedimentation and erosion

controls will be maintained throughout the duration of work, and will only be removed once the

area of work has been stabilized with permanent vegetation and removal is approved by the

conservation commission.

MITIGATING MEASURES Erosion controls shall be installed as shown on the plans and as evidently needed to control run off

from the site from reaching the resource areas. Erosion controls shall remain in place and shall be

maintained until the construction site has vegetated and stabilized. These measures represent the

minimum needed to control sediment on the site and to provide a limit of work barrier. The

Contractor is responsible for the implementation of additional measures, if needed, to prevent

negative impact to resource areas. All disturbed areas shall be restored with loam, seed and straw

mulch. All work shall be in conformance with the “Construction-Phase Measures for the Control

of Sediments and the Protection of Wetlands” included in this Notice of Intent.

EXHIBIT C

GENERAL CONDITIONS:

Construction-Phase Measures for

Control of Sediment and Erosion and Protection of Wetlands

1. Do not disturb existing vegetated areas far in advance of construction. Limit disturbance only to

the extent and duration required for imminent construction activities. Retain and protect natural

vegetation and vegetative filter strips wherever possible.

2. Temporary vegetation or a heavy mat of wood chips shall be established on all earth stockpiles or

stripped areas which will be bare for more than two months and less than 12 months. Such

vegetation shall consist of a commercial conservation seed mixture with a high percentage of

annual rye grass. Permanent herbaceous cover shall be established on areas which would be bare

more than 12 months.

3. A heavy mat of straw mulch, wood chips, erosion control netting, mesh or blanket matting shall

be used on disturbed areas if vegetation cannot be established due to season or on-going

construction process, or if otherwise required.

4. Silt fence or carefully positioned staked straw bales shall be installed along the downhill edge of

disturbed earthwork areas where required to control erosion and sedimentation.

5. Water courses, including intermittent drainage swales, shall be protected from siltation by silt

fence barriers or carefully positioned staked straw bale check dams.

6. Sediment traps shall be constructed downhill of disturbed areas and upstream of watercourses

and/or wetlands. Trapped sediments shall be removed from the basins during the construction

period before they become 50% full to prevent sediment from being transported downhill.

Dispose of sediments in on-site upland disposal areas, properly graded, seeded and mulched.

7. Permanent drainage control structures shall be installed as early as possible in the construction

process. Drains shall be provided with drain inlet sediment filters and/or traps.

8. Do not fuel construction equipment or store fuel or other potential contaminants within 100 feet

of water courses or wetlands.

9. Precast concrete shall be washed down at the manufacturer's plant. Cast-in-place concrete within

100 feet of watercourses/wetlands shall be placed so as to minimize runoff of stormwater from

fresh concrete, through use of sumps, diversions, etc. Concrete trucks and equipment

contaminated with fresh concrete shall not be washed down within 100 feet of wetlands.

10. An adequate stockpile of erosion control materials shall be on site at all times for emergency or

routine replacement and shall include materials to repair silt fences, straw bales, stone-riprap

filter dikes or any other devices planned for use during construction.

11. The areas of construction should remain in a stable condition at the close of each construction

day. Erosion controls shall be inspected at this time, and maintained or reinforced if necessary.

12. Strictly adhere to all general and special conditions of any Wetlands Protection Act Permits,

including plans, details, construction sequencing outline, and other applicable requirements.

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