Hampden conservation commission reviews landfill fence, approves extension and several permits; enforcement discussed

Steve McDonough, a developer with Amaresco, told the Town of Hampden Conservation Commission the fence installed around the company’s solar-plus-battery project at the Hampden landfill was placed five feet off the landfill cap and outside the 25-foot wetland buffer and asked the commission to approve the as-built location.

McDonough said the change came after construction crews determined the fence could not be mounted with posts on the landfill cap and used ballasted concrete blocks instead. “That was an oversight on our part,” McDonough said, referring to failing to bring the revised fence location to the commission before installation.

The commission agreed to conduct a site visit and to take the item up again at its next meeting, continuing the matter for two weeks. Commissioners instructed staff to place the revised plan in the file and to schedule the site inspection; the motion to continue carried with verbal “Aye” votes.

Why this matters: The commission’s review determines whether the installed fence and any associated work comply with the Wetlands Protection Act and the Town of Hampden wetland bylaw and the earlier order of conditions for the landfill lease area.

Other actions and discussions

Basil Steele — Scantic Road extension: The commission approved a three-year extension request for the order of conditions covering Lot 2 on Scantic Road. Commissioners noted the state-level “permanent extension” measure discussed during the meeting extends qualifying orders by an additional two years beyond the requested extension; staff said that makes the technical expiration date 2030 in this case. The motion to approve the extension passed (verbal “Aye” votes).

Negative determination — Grassetti (Stafford Street): The commission voted to accept a negative determination of applicability for work described at two Stafford Street parcels (forms and file references on record). The determination states the proposed metal building and carport would be sited well outside resource areas and do not require filing under the Wetlands Protection Act; commissioners advised that any future work within 100 feet of a resource area would require return to the commission.

South Ridge bridge repairs (bridge deck replacement): Commissioners reviewed a filing for bridge-deck repairs on South Road. Natural Heritage review (NHESP) concluded that the proposed work would not adversely affect state-protected species habitat, and the commission proceeded with closing the public hearing and issuing an order of conditions for the bridge repair project; the motion passed with verbal “Aye” votes.

Wilburham Road — NOI for single-family home (Lot 0) and garage replacement: Two related items on Wilburham Road were discussed. Paul Yancey presented an RDA request for replacement of a fire-damaged garage; commission staff advised that the riverfront exemption for replacing structures destroyed by casualty likely applies if the replacement remains within the original footprint, but that a Request for Determination (RDA) form must be filed and publicly noticed. Separately, consultant John Tomczewski of ArloVec presented a Notice of Intent for a proposed single-family home, driveway and stormwater system on a ~20.4-acre parcel on Wilburham Road; the filing includes multiple infiltration basins and flagged isolated vegetated wetlands. Commissioners continued the Wilburham Road notice of intent to the commission’s next meeting (February 19) to allow Natural Heritage and additional stormwater details to be submitted and reviewed.

Enforcement discussion — Southridge subdivision clearing: Commissioners reviewed reports and field observations of unauthorized clearing near a stormwater basin and into protected areas in the Southridge subdivision. Staff and the commission discussed enforcement options, beginning with a written violation notice requesting a response and, if necessary, escalation to an enforcement order requiring a restoration plan prepared by a wetland specialist. Commissioners directed staff to draft a “soft” violation notice as a first step and to collect additional documentation (site photos, plan copies and chain-of-title) before pursuing formal enforcement.

Administrative items and meeting close: The commission approved minutes from the prior meetings and closed the session.

Ending: The commission set follow-up steps on the landfill fence (site visit and continuation), recorded the approved Scantic Road extension and the negative determination and orders issued, continued the Wilburham Road NOI to the next meeting, and instructed staff to prepare enforcement-notice language and gather documentation for the Southridge clearing matter.