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Whately Conservation Commission labels homeowner’s geothermal project a “minor activity,” issues Determination requiring NOI for Haydenville Road lot
Summary
At its Feb. 19 meeting the Whately Conservation Commission unanimously found a geothermal installation at 152 Westbrook Road to be a “minor activity” under Wetlands Protection Act regulations, continued a Haydenville Road hearing to March 19, and issued a positive Determination of Applicability for a driveway and lot-clearing that requires a Notice of Intent.
The Whately Conservation Commission on Feb. 19 unanimously determined that the proposed installation of a geothermal heating and cooling system at 152 Westbrook Road is a “minor activity” under Wetlands Protection Act regulations, removing the need for a Conservation Commission filing for that work.
Scott Jackson, chair of the Whately Conservation Commission, invited Nat Fortune to describe the building-permit application submitted by Nat and Joyce Palmer-Fortune. After questions about the proposed work, the commission voted 5-0 that the project as described qualified as a “minor activity” under the Wetlands Protection Act regulations.
Why it matters: labeling the installation a “minor activity” generally means limited disturbance near wetland resource areas and that, in the commission’s view, the work does not trigger the need for a formal Notice of Intent filing with the Conservation Commission.
In other business the commission continued a public hearing on a Notice of Intent filed by the Town of Whately Highway Department for reconstruction of Haydenville Road. Chair Jackson reported that the project proponents were not yet ready to resume the hearing; the commission voted unanimously (5-0) to continue the hearing to Wednesday, March 19, 2025, at 7:10 p.m.
The commission also reviewed a Request for a Determination of Applicability submitted by Justin Bois for construction of a driveway and clearing of a house lot at parcel 10-0-06-1 on Haydenville Road. The commission conducted a site visit on Feb. 15 and, citing concern about steep slopes on the parcel, voted 5-0 to issue a positive Determination of Applicability requiring that Bois file a Notice of Intent before proceeding.
Procedural items: the commission voted unanimously to accept the minutes from its Jan. 15, 2025 meeting.
Updates and next steps: Commissioner George Owens provided an update on the Energy Storage Systems Study Committee, where he serves as the commission’s representative. Chair Scott Jackson reported the town is pursuing design and funding options to replace a culvert on Christian Lane near Routes 5 and 10. The meeting adjourned at 7:35 p.m.
Votes at a glance: geothermal permit determination — approved (5-0); Haydenville Road Notice of Intent — hearing continued to March 19, 2025 (5-0); Justin Bois Determination of Applicability (positive) requiring Notice of Intent — approved (5-0); minutes from Jan. 15, 2025 — accepted (5-0).
