Koch NOI Submitted Part 1
Stockman Associates 107 West Street Plainfield, MA 01070 (413) 743-1372
July 30, 2010
Ms. Sarah LaValley
Northampton Conservation Commission Office of Planning & Development
210 Main Street, Rm. 11, City Hall Northampton, MA 01060
Re: Notice of Intent Ms. Deborah Koch 140 Loudville Road Northampton, Ma
Dear Ms. LaValley and Commissioners:
Enclosed please find the Notice of Intent (NOI) Stockman Associates is submitting on
behalf of Ms. Deborah Koch regarding the construction of an addition with deck expansion and driveway expansion at 140 Loudville Road in the city of Northampton,
MA. A portion of the project is located within Riverfront Area, Bordering Land Subject to Flooding, and Buffer Zone.
I look forward to discussing the proposed project with you and would be happy to
accompany the Commission on the required site visit. Please consider placing the NOI
hearing on the agenda for your next meeting. It is my understanding that the
Commission will see to the required advertisement in a local paper. A check for $40
made payable to the Daily Hampshire Gazette has been enclosed. Also enclosed are
two checks made payable to the City of Northampton for the filing fees under both the state and local wetland regulations.
Please do not hesitate to contact me with any questions or comments at (413) 743-1372 or at emily@stockmanassociates.com.
Sincerely,
Emily Stockman, M.S.
Soil Scientist / Wetland Scientist Stockman Associates
CC: MADEP Western Region Office Ms. Deborah Koch
NOTICE OF INTENT
ADDITION WITH DECK & DRIVEWAY EXPANSION
NORTHAMPTON, MA
Property:
140 Loudville Road Northampton, MA 01069
Prepared for:
Ms. Deborah Koch 140 Loudville Road Easthampton, MA 01027
Prepared by:
Stockman Associates 107 West Street Plainfield, MA 01070
Date: July 2010
Stockman Associates
Table of Contents
WPA Form 3 Notice of Intent……………………………..………………………………......…… 1-8
Property and Resource Area Descriptions………………………………..…………...........…9-11
Project Description……...…...……………...…….………………………………….…...……...12-14
General Performance Standards………………………………………………………..…..…14-19
Attachment 1
• List of Abutters
• Notification to Abutters
• Proof of Mailing
Attachment 2
• Figure 1. MassGIS Topographic Map Site Locus
• Figure 2. MassGIS Orthophoto Site Locus
• Figure 3. MassGIS DEP Wetlands Map
• Figure 4. MassGIS 2008 NHESP Priority and Estimated Habitat Map
• Figure 5. MassGIS FEMA Map
• Figure 6. Property Deeds
Attachment 3
• Amended Site Plan prepared by Deborah Koch June 2010
• Assessor’s Plat prepared by Deborah Koch & Additional Assessor’s Information
• Elevation Plans prepared by Deborah Koch
Attachment 4
• Photo Documentation prepared by Deborah Koch
Stockman Associates
Attachment 5
• “A Guide to Invasive Plants in Massachusetts”, MA Division of Fisheries and
Wildlife. Pages 10, 13, and 16
Attachment 6
• Native Shrub Mitigation Planting Instructions
• Native Shrubs for Plantings as Wildlife Food by Bruce A. Sorrie
Attachment 7
• Northampton Wetlands Protection Ordinance Performance Standard Analysis
Attachment 8
• Wetland Fee Transmittal Form
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key.
Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance.
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton City/Town
A. General Information
1. Project Location (Note: electronic filers will click on button to locate project site): 140 Loudville Road
a. Street Address
Northampton
b. City/Town
01060
c. Zip Code 42°17'13.54"N 72°44'13.12"W
Latitude and Longitude: d. Latitude e. Longitude Map 48
f. Assessors Map/Plat Number
2. Applicant: Deborah
a. First Name
c. Organization
140 Loudville Road
d. Street Address Easthampton
e. City/Town
413-586-2092
h. Phone Number i. Fax Number
Lot 6
g. Parcel /Lot Number
Koch
b. Last Name
MA
f. State kochworks@yahoo.com
j. Email Address
3. Property owner (required if different from applicant): Check if more than one owner
a. First Name b. Last Name
c. Organization
d. Street Address
e. City/Town f. State g. Zip Code
h. Phone Number i. Fax Number j. Email address
4. Representative (if any): Emily
a. First Name
Stockman Associates
c. Company
107 West Street
d. Street Address Plainfield
e. City/Town
413-743-1372
h. Phone Number
413-743-1372
i. Fax Number
Stockman
b. Last Name
MA
f. State
01027
g. Zip Code
01070
g. Zip Code emily@stockmanassociates.com
j. Email address
5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $165.00
a. Total Fee Paid
$70.00
b. State Fee Paid
$95.00
c. City/Town Fee Paid
wpaform3.doc • rev. 11/16/09 Page 1 of 8
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
For all projects affecting other Resource Areas,
please attach a narrative explaining how the resource area was delineated.
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton City/Town
A. General Information (continued)
6. General Project Description:
Addition to existing single-family house within Riverfront Area and Buffer Zone. Please see attached narrative.
7a. Project Type Checklist:
1.
Single Family Home
2.
Residential Subdivision
3.
Limited Project Driveway Crossing
4.
Commercial/Industrial
5.
Dock/Pier
6.
Utilities
7.
Coastal Engineering Structure
8.
Agriculture (e.g., cranberries, forestry)
9.
Transportation
10.
Other
7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)?
1. Yes No If yes, describe which limited project applies to this project:
2. Limited Project
8. Property recorded at the Registry of Deeds for: Hampshire
a. County b. Certificate # (if registered land) 7669
c. Book
19
d. Page Number
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering
Vegetated Wetland, Inland Bank, or Coastal Resource Area.
2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas).
Check all that apply below. Attach narrative and any supporting documentation describing how the
project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or
location.
Resource Area
Size of Proposed Alteration
Proposed Replacement (if any)
a. b.
Bank
Bordering Vegetated
1. linear feet
2. linear feet
Wetland
1. square feet
2. square feet
c.
Land Under
1. square feet
2. square feet
Waterbodies and
Waterways
3. cubic yards dredged
wpaform3.doc • rev. 11/16/09 Page 2 of 8
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton City/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d)
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
d. Bordering Land
Subject to Flooding 1. square feet 2. square feet
3. cubic feet of flood storage lost 4. cubic feet replaced
e. Isolated Land
Subject to Flooding 1. square feet
2. cubic feet of flood storage lost 3. cubic feet replaced
f. Riverfront Area North Branch of the Manhan River & perennial tributary
1. Name of Waterway (if available)
2. Width of Riverfront Area (check one):
25 ft. - Designated Densely Developed Areas only
100 ft. - New agricultural projects only
200 ft. - All other projects
3. Total area of Riverfront Area on the site of the proposed project: 0.28-ACRES square feet
4. Proposed alteration of the Riverfront Area: 427 (permanent)
1,590 (permanent & temp)
427 (permanent)
1,590 (permanent & temp)
0
c. square feet between 100 ft. and 200 ft.
5. Has an alternatives analysis been done and is it attached to this NOI? Yes No
6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No
3.
Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department.
Coastal Resource Areas: (See 310 CMR 10.25-10.35)
Check all that apply below. Attach narrative and supporting documentation describing how the project
will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location.
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
a. Designated Port Areas Indicate size under Land Under the Ocean, below
b. Land Under the Ocean 1. square feet
2. cubic yards dredged
c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below
d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment
e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment
wpaform3.doc • rev. 11/16/09 Page 3 of 8
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton City/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d)
Size of Proposed Alteration Proposed Replacement (if any)
f. Coastal Banks 1. linear feet
g. Rocky Intertidal
Shores 1. square feet
h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation
i. Land Under Salt
Ponds 1. square feet
2. cubic yards dredged
j. Land Containing
Shellfish 1. square feet
k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above
1. cubic yards dredged
l. Land Subject to
Coastal Storm Flowage 1. square feet
4. Restoration/Enhancement
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the
square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here.
a. square feet of BVW b. square feet of Salt Marsh
5. Project Involves Stream Crossings
a. number of new stream crossings b. number of replacement stream crossings
C. Other Applicable Standards and Requirements
Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review
1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on
the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view
habitat maps, see the Massachusetts
Natural Heritage Atlas or go to http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/priority_habitat/online_viewer.htm.
a. Yes No
October 2008
b. Date of map
If yes, include proof of mailing or hand delivery of NOI to:
Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife
Route 135, North Drive Westborough, MA 01581
wpaform3.doc • rev. 11/16/09 Page 4 of 8
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton City/Town
C. Other Applicable Standards and Requirements (cont’d)
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321
CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.C, and include requested materials with this
Notice of Intent (NOI); OR
complete Section C.1.d, if applicable. If MESA supplemental information is not included with the NOI,
by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section
2 apply, see below).
1. c. Submit Supplemental Information for Endangered Species Review∗
1. Percentage/acreage of property to be altered:
(a) within wetland Resource Area percentage/acreage
(b) outside Resource Area percentage/acreage
2. Assessor’s Map or right-of-way plan of site
3. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions,
existing and proposed
tree/vegetation clearing line, and clearly demarcated limits of work **∗∗
(a) Project description (including description of impacts outside of wetland resource area & buffer zone)
(b) Photographs representative of the site
(c) MESA filing fee (fee information available at: http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_fee_schedule.htm).
Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address
Projects altering 10 or more acres of land, also submit:
(d) Vegetation cover type map of site
(e) Project plans showing Priority & Estimated Habitat boundaries
d. OR Check One of the Following
1. Project is exempt from MESA review.
Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_exemptions.htm;
the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.)
2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP
∗ Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see
http://www.mass.gov/dfwele/dfw/nhesp/nhesp.htm, regulatory review tab). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected
by the Wetlands Protection Act.
∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the
Notice of Intent process.
wpaform3.doc • rev. 11/16/09 Page 5 of 8
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton City/Town
C. Other Applicable Standards and Requirements (cont’d)
3. Separate MESA review completed.
Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan.
2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run?
a. Not applicable – project is in inland resource area only
b. Yes No If yes, include proof of mailing or hand delivery of NOI to either: South Shore - Cohasset to Rhode
Island, and the Cape & Islands:
Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 1213 Purchase Street – 3rd Floor New Bedford, MA 02740-6694
Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department.
North Shore - Hull to New Hampshire:
Division of Marine Fisheries - North Shore Office
Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930
Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region,
please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office.
3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website.
b. ACEC
4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water
(ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
a. Yes No
5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands
Restriction Act (M.G.L. c. 130, § 105)?
a. Yes No
6. Is this project subject to provisions of the MassDEP Stormwater Management Standards?
a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management
Standards per 310 CMR 10.05(6)(k)-(q) and check if:
1. Applying for Low Impact Development (LID) site design credits (as described in
Stormwater Management Handbook Vol. 2, Chapter 3)
2. A portion of the site constitutes redevelopment
3. Proprietary BMPs are included in the Stormwater Management System.
b. No. Check why the project is exempt:
1. Single-family house
wpaform3.doc • rev. 11/16/09 Page 6 of 8
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton City/Town
C. Other Applicable Standards and Requirements (cont’d)
2. Emergency road repair
3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or
equal to 4 units in multi-family housing project) with no discharge to Critical Areas.
D. Additional Information
Applicants must include the following with this Notice of Intent (NOI). See instructions for details.
Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department.
1. USGS or other map of the area (along with a narrative description, if necessary) containing
sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.)
2. Plans identifying the location of proposed activities (including activities proposed to serve as a
Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to
the boundaries of each affected resource area.
3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW
Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology.
4. List the titles and dates for all plans and other materials submitted with this NOI. Site Plan
a. Plan Title Deborah Koch
b. Prepared By c. Signed and Stamped by June 2010
d. Final Revision Date
1" = 30'
e. Scale
f. Additional Plan or Document Title g. Date
5. If there is more than one property owner, please attach a list of these property owners not listed on this form.
6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
8. Attach NOI Wetland Fee Transmittal Form
9. Attach Stormwater Report, if needed.
wpaform3.doc • rev. 11/16/09 Page 7 of 8
Massachusetts Department of Environmental Protection Provided by MssaDEP:
--- Bureau of Resource Protection _ Wetlands ~P File Number
Document Transaction Number
WPA Form 3 - Notice of Intent
ii,
k
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton
City/Town
E. Fees .— ~ ._ _ ,
1. ▪ Fee Exempt No filing fee shall be assessed for projects of any city, town, county, or district of
the Commonwealth, federally recognized Indian tribe housing authority, municipal housing
authority, or the Massachusetts Bay Transportation Authority.
Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee
Transmittal43/.1-5
Forrn),o confirm fee payment: .
-
2. Municipal Chick umber 3. C d . cl
//~ l_...
4. State Ch um r 5. CareAaii
–kz/ -
A. Payor name on check: First Name 7. Payor name on check: Last Name
F. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans,
documents, and supporting data are true and complete to the best of my knowledge. I understand that
the Conservation Commission will place notification of this Notice in a local newspaper at the expense of
the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
i further certify under penalties of perjury that all abutters were notified of this application, pursuant to the
requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand
delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the
project location.
~~~//0
2. Date
d, pate
~ /'e.
.
ß. Da
For Conservation Commission:
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two
copies of the NO1 Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation
Commission by certified mail or hand delivery.
For MassDEP:
One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one
copy of the NOI Wetland Fee Transmittal Forni, and a copy of the state fee payment to the MassDEP
Regional Office (see Instructions) by certified mail or hand delivery.
Other
if the applicant has checked the "yes" box in any part of Section C, item 3, above, refer to that section
and the Instructions for additional submittal requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a
timely manner may result in dismissal of the Notice of intent_
wpafvrm3_doc • rev. 11/15/09 Page 8 of 8
--i, Signature of Applicant
Stockman Associates
Property Description
The property, 140 Loudville Road (Map 48 Parcel 6) in the city of Northampton, MA,
consists of approximately 0.28-ACRES. The property is comprised of upland forest, lawn,
and gardens. The central portion of the property has been previously developed. The
property contains an existing single-family house, garage, septic system, paved driveway, shed, walkways, and gardens. Per request, Stockman Associates performed
a site inspection of the proposed work area to determine whether any areas fall under
the jurisdiction of the Massachusetts Wetlands Protection Act M.G.L. c. 131 § 40. As
illustrated on the site plan prepared by the landowner, Ms. Deborah Koch, dated June
2010, the proposed work area contains Riverfront Area, Bordering Land Subject to Flooding (BLSF), and Buffer Zone. The property also contains Bank and Bordering
Vegetated Wetlands (BVW) associated with the North Branch of the Manhan River and
Bank of an un-named perennial stream to the south.
Resource Area Descriptions
Riverfront Area
As stated in 310 CMR 10.58 (2) (a), “A Riverfront Area is the area of land between a
river's mean annual high water line and a parallel line measured horizontally. The
riverfront area may include or overlap other resource areas or their buffer zones. The
Riverfront Area does not have a buffer zone.” In this case the parallel line is located 200-feet away from the Mean Annual High Water Line (MAHWL).
The Riverfront Area located on the property is associated with the North Branch of the
Manhan River and an un-named perennial stream. The North Branch of the Manhan River flows from north to south and serves as the easterly property bound. The
un-
named perennial stream enters the property from a culvert under Loudville Road and
flows from the west to the southeast, near the southerly property bound. The two brooks converge at the property’s southeast
corner.
Stockman Associates visited the site on March 22, 2010 and delineated the MAHWLs
closest to the proposed project in accordance with 310 CMR 10.58(2)(a)2., “Mean
Annual High-Water Line of a river is the line that is apparent from visible markings or
changes in the character of soils or vegetation due to the prolonged presence of water and that distinguishes between predominantly aquatic and predominantly
terrestrial
land. Field indicators of bankfull conditions shall be used to determine the mean annual
high-water line. Bankfull field indicators include but are not limited to: changes in slope,
changes in vegetation, stain lines, top of pointbars, changes in bank materials, or bank undercuts…”
Stockman Associates delineated the westerly MAHWL of the North Branch of the Manhan River within the proposed project area. Consecutively numbered MAHWL
flags B1 to B7END were placed in the field. A distinct change in topography occurs
between the majority of the inner Riverfront Area and the MAHWL. Other observed
indicators of MAHWL include sediment deposition, bank cuts, downed vegetation, and
drift patterns. A small section of BVW is contained by the MAHWL flags near B1 to B5.
9
Stockman Associates
Stockman Associates delineated the northerly MAHWL of the un-named perennial stream within the proposed project area. Consecutively numbered orange MAHWL
flags A1 to A7END were placed in the field. A distinct change in topography occurs between the forested fringe within inner Riverfront Area and the MAHWL.
The Riverfront Area closest to the proposed project area consists of upland forest (along
the streams), lawn, and garden. The previously developed portion of Riverfront Area
contains an existing single-family house, garage, septic system, paved driveway, shed,
walkways, and gardens. The majority of the Riverfront Area slopes towards the North
Branch of the Manhan River to the east. Riverfront Area to the front of the existing
house is nearly level. Very steep breaks in topography are located between the rear of
the existing house and the North Branch of the Manhan River. Vegetation within the
Riverfront Area includes: red oak, Quercus rubrum (FACU); white pine, Pinus strobus
(FACU); sugar maple, Acer saccharum (FACU-); black cherry, Prunus serotina (FACU); black locust, Robinia pseudoacaci (FACU); American elm, Ulmus americana (FACW-);
hawthorne, Crataegus crus-galli (FACU); stinking nettle, Urtica dioica (FACU); jewelweed, Impatiens capensis (FACW): snakeroot, Ageratina altissima (FACU-); Christmas
fern, Polystichum acrostichoides (FACU-); lady fern, Athyrium filix-femina (FAC); white wood aster, Eurybia divaricata (UPL): goldenrods, Solidago spp.; mowed grasses
and landscaped flower gardens.
The Wetland Indicator Status for each species contained in the previous plant species
description was determined using the U.S. Fish and Wildlife Service’s National List of Plant Species That Occur In Wetlands: Massachusetts 1988. The Wetland Indicator
Status classifies a plant based on its frequency of being found in a wetland versus an
upland ecosystem. The following five categories are used in the classification system.
• An Obligate Wetland (OBL) plant is almost always found in wetlands with a frequency of >99%.
• A Facultative Wetland (FACW) plant is usually found in wetlands with a frequency of 67-99%.
• A Facultative (FAC) plant is equally likely to occur in wetlands and uplands with a frequency of 34-66%.
• A Facultative Upland (FACU) plant is seldom found in wetlands with a frequency of 1-33%.
• An Upland (UPL) plant is rarely found in wetlands with a frequency of < 1%.
The FACW, FAC, and FACU categories are further refined by the addition of a “+” or “-“
symbol after the Wetland Indicator Status abbreviation. A “+” sign indicates a plant is
more frequently found in wetter conditions while a “-“ sign indicates a plant that is less frequently found in wetter areas.
Soils
The mapped soil types within the property are the Hinckley loamy sand 3 to 8 per cent
slopes and the Montauk fine sandy loam 8 to 15 percent slopes, very stony (USDA NRCS Web Soil Survey).
10
Stockman Associates
Hinckley soils are deep, excessively drained soils on glacial outwash plains, kames, and
terraces. These soils are formed in glacial outwash deposits. Included with this mapped
soil type are sections of excessively drained Windsor and moderately well drained Sudbury soils.
Montauk soils are deep well drained soils on glaciated uplands. These soils are formed
in glacial till. Included with this mapped soil type are areas of well drained Paxton,
somewhat excessively drained Gloucester, and moderately well drained Scituate soils.
Bank
Bank, as stated in 310 CMR 10.54(2) (a), is “the portion of the land surface, which
normally abuts and confines a water body. It occurs between a water body and a
vegetated bordering wetland and adjacent floodplain, or, in the absence of these, it
occurs between a water body and an upland”. The Bank closest to the proposed work
area confines the North Branch of the Manhan River and the un-named perennial
tributary. In most cases, due to the steep break in topography, Bank and MAHWL were the same. Per request Stockman Associates did not perform a Bank delineation.
Bordering Land Subject to Flooding (BLSF)
As stated in 310 CMR 10.57 (2)(a)1. “Bordering Land Subject to Flooding is an area with
low, flat topography adjacent to and inundated by flood waters rising from creeks,
rivers, streams, ponds or lakes. It extends from the banks of these waterways and water bodies; where a bordering vegetated wetland occurs, it extends from
said wetland.”
The BLSF located within the property is associated with the North Branch of the Manhan
River. Based on the attached MassGIS FEMA Map a section of the property is mapped
as Zone A “Areas of 100-year flood; base elevations flood hazard factors not determined”.
Based on the Mortgage Loan Inspection Plate and site plan provided by the
landowner, the existing house is outside of the BLSF; however, a portion of the addition does extend into BLSF, but is suspended above ground.
Buffer Zones
Buffer Zone as defined in 310 CMR 10.04 is “that area of land extending 100 feet horizontally outward from the boundary of any areas specified in 310 CMR
10.02(1)(a)”.
More specifically, Buffer Zones within the property bounds are associated with the Banks
of perennial streams and a very small BVW along the North Branch of the Manhan River.
The Buffer Zones are located within previously described Riverfront Area.
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Stockman Associates
Proposed Project Description
Addition
A 41.5X12-FT addition is being proposed. The majority of the addition is located on
existing footprints. The applicant proposes to tear down the garage completely and
put the bulk of the addition on that footprint, extending the footprint slightly in the front
of the house (currently part of the driveway) and more considerably in the rear of the
house. The addition extends 15-feet to the east beyond the existing garage footprint. Because of the steep slope, the bulk of this extended portion would be
suspended
above the ground on beams supported by two piers, as suggested by a structural
engineer. These piers would be in alignment with the four existing piers under the deck.
The portion of the addition, which extends beyond existing footprint of the garage is
165-SF. This area encompasses a section of degraded (impervious surface) located behind the existing garage.
Deck Extension
The proposed project includes the extension of the deck northward so that its outer
limits would be in alignment with the northern wall of the existing house. The deck
extension is 110-SF. The edge of the deck closest to the rear property line (and MAHWL)
would be tapered, narrowing the width of the deck, as it proceeds toward the north (side) property line so as to maintain – and not be less than – the
non-conforming
distance from the rear property line (and MAHWL). An additional pier, likely in
alignment with existing piers, and stairs to the ground at the north end of the deck would be included.
Driveway Extension
Per requirement of the planning board, the driveway is being extended to
accommodate two parking spaces. The driveway extension is 72-SF.
Shed
A garden shed currently exists within the property to the south of the existing house.
Although a building permit was issued for the shed, the owner was not informed that
the shed required Conservation Commission approval as well and thus it was not
submitted to the Conservation Commission for approval. Since the shed is located
within the Riverfront area and is NOT at least 50-feet from the MAHWL of the closest
perennial stream, the shed is being submitted for review under this NOI application. The garden shed is 80-SF.
Riverfront Area Improvement
In addition to the proposed construction, the project includes the removal of three invasive shrubs that were identified within the property (multifloral rose,
Tatarian
honeysuckle, and Japanese knotweed). These shrubs will be removed by hand or
12
Stockman Associates
continually cut down by hand in accordance with the attached invasive plant species guidance (see Attachment 5).
The project also includes the creation of a no mow/cut zone located along the
innermost riparian zone along both the Manhan River and the un-named tributary. The zone is approximately 2,150-SF (10-FT wide for approximately 215-FT)
To mitigate for impacts to Riverfront Area the applicant is proposing to plant native
shrubs within designated sections of inner Riverfront Area. The property currently has
very few shrubs. Planting areas were chosen primarily based on proximity to the river as recommended in the regulations.
Sequence/Conditions of Work
1) Prior to the commencement of any work, erosion control structures shall be
installed as illustrated on the site plan. The erosion control structures (hay bales
and/or silt fence) shall remain in place until the construction is completed and the area has been stabilized.
2) The erosion control structures shall serve as the limit of construction.
3) Construction of the addition, deck extension, and driveway extension shall be in
accordance with a plan approved by the local building inspector and any other required agencies.
4) The excavation of the piers shall be performed by hand or with a small
excavator/backhoe. Any temporarily stockpiled soils shall be placed within the
limit of work area and shall be secured by erosion control structures (silt fence, tarps, etc.).
5) Any stockpiled construction materials shall be located within the limit of work.
Stockpiled material shall be kept in the front of the house (away from both waterways) whenever possible. The dumpster required for the garage
demolition shall also be located in front of the house (away from both waterways).
6) Mitigation plantings shall take place per the site plan and as described in
Attachment 6. Prior to receiving a Certificate of Compliance the applicant will
show that the improvement and mitigation measures proposed under this NOI have been successfully completed.
7) Once the work is completed, any disturbed areas will be stabilized by seeding
with a conservation mix and mulched with straw or hay.
8) The sediment and erosion controls and/or limit of work stakes shall not be
removed until approval from the Northampton Conservation Commission is granted.
13
Stockman Associates
Proposed Work Impact within Riverfront Area
Approximate SF Addition
Deck Extension Driveway Extension Shed Limit of Work Area (including proposed work & temporary impacts) Invasive Plant Removal Native Shrub Planting No
Mow/Cut Area
165 110 72 80
1,590
60
1,194
2,150
General Performance Standards
The proposed project has been carefully designed to avoid, minimize, and mitigate impacts to Resource Areas and Buffer Zones.
Bank
No work is proposed within Bank
BVW
No work is proposed within BVW.
Buffer Zone
A portion of the proposed work located within Riverfront Area is also located within Buffer Zone to Bank.
Riverfront Area
The proposed project is being presented as Riverfront Area Redevelopment under 310 CMR 10.58(5):
“Redevelopment Within Previously Developed Riverfront Areas; Restoration and
Mitigation. Notwithstanding the provisions of 310 CMR 10.58(4)(c) and (d), the issuing authority may allow work to redevelop a previously developed riverfront
area, provided the proposed work improves existing conditions. Redevelopment means replacement,
rehabilitation or expansion of existing structures, improvement of existing roads, or
reuse of degraded or previously developed areas. A previously developed riverfront
area contains areas degraded prior to August 7, 1996 by impervious surfaces from existing structures or pavement, absence of topsoil, junkyards, or abandoned
dumping
14
Stockman Associates
grounds. Work to redevelop previously developed riverfront areas shall conform to the following criteria:”
The lot and structures have been in existence prior to 1996 (See enclosed deeds). Existing degraded areas include: single-family house, deck, driveway, and walkways.
As stated in 310 CMR 10.58(5)(a):
“At a minimum, proposed work shall result in an improvement over existing conditions of the capacity of the riverfront area to protect the interests identified
in M.G.L. c. 131 §
40. When a lot is previously developed but no portion of the riverfront area is degraded,
the requirements of 310 CMR 10.58(4) shall be met.”
In addition to the proposed construction, the project includes the removal of three
invasive shrubs (15-SF) that were identified within the property (multifloral rose, Tatarian honeysuckle, and Japanese knotweed).
The project also includes the creation of a no mow/cut zone located along the
innermost riparian zone along both the Manhan River and the un-named tributary. The zone is approximately 2,150-SF (10-FT wide for approximately 215-FT). This
no mow/cut
zone is in addition to planting areas being proposed as mitigation under 10.58 (5)(d)
and (e). The no mow/cut zone is more than 5 times the square footage of proposed
construction impacts. Vista pruning as defined under the WPA regulations as a minor exempt activity is excluded from the “no cut” classification.
As stated in 310 CMR 10.58(5)(b):
“Stormwater management is provided according to standards established by the Department.”
A single-family house is exempt from DEP Stormwater Standards.
As stated in 310CMR 10.58(5)(c):
“Within 200 foot riverfront areas, proposed work shall not be located closer to the river
than existing conditions or 100 feet, whichever is less, or not closer than existing conditions within 25 foot riverfront areas, except in accordance with 310
CMR 10.58(5)(f) or (g)”
Based on the site plan prepared by the landowner, the proposed house addition does
not extend closer to the Manhan River than the existing deck. This distance has also
been reviewed by the planning and zoning boards as the distance to the river also
serves as the rear property line of a non-conforming lot. The distance was ruled to be accurate.
The existing garden shed is located on the previously permitted septic system.
As stated in 310 CMR 10.58(5)(d):
15
Stockman Associates
“Proposed work, including expansion of existing structures, shall be located outside the
riverfront area or toward the riverfront area boundary and away from the river, except in
accordance with 310 CMR 10.58(5)(f) or (g)”
The entire property is located within Riverfront Area and therefore work can not be
outside of Riverfront Area. A portion of the proposed project (the easterly addition) is located towards the Manhan River.
As such, the easterly portion of the addition (165-SF) is subject to 310 CMR 10.58 (f) or (g).
As stated in 310 CMR 10.58(5)(e):
“The area of proposed work shall not exceed the amount of degraded area, provided
that the proposed work may alter up to 10% if the degraded area is less than 10% of the
riverfront area, except in accordance with 310 CMR 10.58(5)(f) or (g)”
The entire property, 0.28-ACRES (12,197-SF) is within Riverfront Area. Based on the site
plan existing degraded area (house, deck, garage, existing driveway, and 8x10 shed)
account for 1,688-SF. Existing degraded area is 13.8% of the Riverfront Area. Therefore
site conditions currently exceed the 10% degraded area threshold. As such, the
proposed impacts (427-SF) are subject to 310 CMR 10.58 (f) or (g).
As stated in 310 CMR 10.58(5)(f):
“(f) When an applicant proposes restoration on-site of degraded riverfront area,
alteration may be allowed notwithstanding the criteria of 310 CMR 10.58(5)(c), (d), and
(e) at a ratio in square feet of at least 1:1 of restored area to area of alteration not
conforming to the criteria. Areas immediately along the river shall be selected for
restoration. Alteration not conforming to the criteria shall begin at the riverfront area boundary. Restoration shall include:
1. removal of all debris, but retaining any trees or other mature vegetation;
2. grading to a topography which reduces runoff and increases infiltration;
3. coverage by topsoil at a depth consistent with natural conditions at the site; and
4. seeding and planting with an erosion control seed mixture, followed by plantings of herbaceous and woody species appropriate to the site;”
The applicant is not proposing restoration. Due to a lack of restorable degraded area, mitigation under 310 CMR 10.58(5)(g) is being proposed.
As stated in 310 CMR 10.58(5)(g):
“(g) When an applicant proposes mitigation either on-site or in the riverfront area
within the same general area of the river basin, alteration may be allowed
16
Stockman Associates
notwithstanding the criteria of 310 CMR 10.58(5)(c), (d), or (e) at a ratio in square feet of
at least 2:1 of mitigation area to area of alteration not conforming to the criteria or an equivalent level of environmental protection where square footage
is not a relevant
measure. Alteration not conforming to the criteria shall begin at the riverfront area boundary. Mitigation may include off-site restoration of riverfront areas,
conservation
restrictions under M.G.L. c. 184, §§ 31 to 33 to preserve undisturbed riverfront areas that
could be otherwise altered under 310 CMR 10.00, the purchase of development rights
within the riverfront area, the restoration of bordering vegetated wetland, projects to
remedy an existing adverse impact on the interests identified in M.G.L. c. 131, § 40 for which the applicant is not legally responsible, or similar activities
undertaken voluntarily
by the applicant which will support a determination by the issuing authority of no
significant adverse impact. Preference shall be given to potential mitigation projects, if
any, identified in a River Basin Plan approved by the Secretary of the Executive Office of Environmental Affairs.”
As previously described a portion of the proposed project is located towards the Manhan River (165-SF) and the proposed impacts exceed 10% of Riverfront Area
(427-
SF). Therefore, 592-SF of impacts must be mitigated at a ratio of 2:1. The applicant is a
proposing a planting of native shrubs within inner Riverfront Area. The current area has
limited to no shrub cover. The proposed plants will enhance wildlife habitat by
providing perching, cover, nesting, and food. As indicated on the site plan, five (5)
planting areas have been chosen based primarily on proximity to the river. The
applicant is proposing 1,194-SF of native shrub plantings, which exceed the required 2:1 ration (1,184-SF).
As stated in 310 CMR 10.58(5)(h):
“The issuing authority shall include a continuing condition in the Certificate of Compliance for projects under 310 CMR 10.58(5)(f) or (g) prohibiting further
alteration
within the restoration or mitigation area, except as may be required to maintain the
area in its restored or mitigated condition. Prior to requesting the issuance of the Certificate of Compliance, the applicant shall demonstrate the restoration
or mitigation has been successfully completed for at least two growing seasons.”
The applicant has reviewed the above regulation and will be responsible for
demonstrating that the mitigation has been successfully completed for at least two growing seasons.
Bordering Land Subject to Flooding (BLSF)
A portion of the proposed project is located within BLSF.
As stated in 310 CMR 10.57 (4), “(a) Bordering Land Subject to Flooding:
“1. Compensatory storage shall be provided for all flood storage volume that will be
lost as the result of a proposed project within Bordering Land Subject to Flooding, when
17
Stockman Associates
in the judgment of the issuing authority said loss will cause an increase or will contribute
incrementally to an increase in the horizontal extent and level of flood waters during peak flows.
Compensatory storage shall mean a volume not previously used for flood storage
and shall be incrementally equal to the theoretical volume of flood water at each elevation, up to and including the 100-year flood elevation, which would be
displaced by the proposed project. Such compensatory volume shall have an unrestricted
hydraulic connection to the same waterway or water body. Further, with respect to
waterways, such compensatory volume shall be provided within the same reach of the river, stream or creek.”
As previously stated a portion of the addition extends into BLSF. However, the addition
within this area would be suspended above the ground on beams supported by two
piers. The two additional piers will be placed in alignment with the existing deck piers,
which based on the site plan, are outside of BLSF. Since the addition is suspended there will be no negative impact on flood storage volume.
2. Work within Bordering Land Subject to Flooding, including that work required to
provide the above-specified compensatory storage, shall not restrict flows so as to cause an increase in flood stage or velocity.
As previously described the portion of the addition, which extends into BLSF will be
suspended. The bottom elevation of the addition will be approximately 9-FT above
existing grade. As such, the addition will not restrict flows.
3. Work in those portions of bordering land subject to flooding found to be significant to the protection of wildlife habitat shall not impair its capacity
to provide important
wildlife habitat functions. Except for work which would adversely affect vernal pool
habitat, a project or projects on a single lot, for which Notice(s) of Intent is filed on or
after November 1, 1987, that (cumulatively) alter(s) up to 10% or 5,000 square feet (whichever is less) of land in this resource area found to be significant
to the protection of wildlife habitat, shall not be deemed to impair its capacity to provide important
wildlife habitat functions. Additional alterations beyond the above threshold, or altering
vernal pool habitat, may be permitted if they will have no adverse effects on wildlife
habitat, as determined by procedures contained in 310 CMR 10.60.”
Proposed work located with BLSF totals 165-SF. Based on the site plan the property
contains approximately 6,000-SF of BLSF. Therefore, the proposed work within BLSF is less
than 10% of the total BLSF and less than 5,000-SF. The proposed work within BLSF will not impair wildlife habitat.
Conclusion
The overall goal of the project is to construct an addition, deck extension, and driveway extension without adversely impacting wetland resource areas. Erosion
18
Stockman Associates
controls and/or limit of work stakes will be properly installed prior to the
commencement of work. The proposed work has been carefully located and
conditioned in compliance with 10.58(5). Proposed work located within BLSF meets the
requirements set forth in 310 CMR 10.57(4). The proposed project includes the removal
of invasive plants, planting of native shrubs, and proposed no mow/cut areas within
inner riparian areas. As such the proposed project will have no adverse impact on
Resource Areas or Buffer Zones and will result in an improvement to Riverfront Area. As
presented in Attachment
7 the proposed project also meets the requirements set forth under the City of Northampton Wetlands Protection Ordinance (Chapter 337)
19
Stockman Associates
List of Abutters Northampton
Provide by Ms. Carolyn Misch via email dated April 14, 2010
1) 300 48-008-001
Samuel & Theresa Crescione Trustees P.O. Box 224
Easthampton, MA 01027
2) 300 48-007-001 Kathleen Gauger 37 Loudville Road Westhampton, MA 01027
3) 300 48-005-001
Fernande & Raymond Laprade 156 Loudville Road Easthampton, MA 01027
4) 300 48-004-001
Virginia Van Scoy Trustee 396 Loudville Road Easthampton, MA 01027
Stockman Associates
List of Abutters Westhampton
Provided by Dolores Thornhill via email on April 28, 2010
April 28, 2010
To whom it may concern,
Below is a list of the abutters within 300 feet of the property identified on the Assessors’ maps as Map 32A, Lot 19 assessed to Deborah S Koch, 140 Loudville
Road, Northampton, Ma. 01060 and located at 0 Loudville Road, Westhampton, Ma. 01027.
Map-Lot
Owner
Location
Mailing Address
32A-2
Todd L Fondakowski
29 Loudville Road
Same as location
32A-3
Westhampton, Ma. 01027
32A-4
32A-5
William Trzcienski
33 Loudville Road
Same as location
Judith Trzcienski
Westhampton, Ma. 01027
32A-6
Liana Charter
35 Loudville Road
Same as location
Westhampton, Ma. 01027
32A-7
Kathleen G Gauger
37 Loudville Road
Same as location
32A-18
Westhampton, Ma. 01027
32A-8
Nayla Jeanne Collins
39 Loudville Road
Same as location
32A-9
Westhampton, Ma. 01027
32A-10
Mark R Young
41 Loudville Road
Same as location
Karen Young
Westhampton, Ma. 01027
32A-12
Revampit LLC
45 Loudville Road
299 Mountain Road
Westhampton, Ma. 01027
Wilbraham, Ma. 01095-1750
32A-20
Raymond Laprade,Trs
0 Loudville Road
156 Loudville Road
Fernande Laprade
Westhampton, Ma. 01027
Easthampton, Ma. 01027
Irrev Trust
I certify, to the best of my abilities, that this is an accurate and complete list.
Board of Assessors Town of Westhampton
Dolores S Thornhill Principal Assessor
Stockman Associates Notification to Abutters
Under the Massachusetts Wetlands Protection Act and the Northampton Wetlands Ordinance
In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following:
The name of the applicant is Ms. Deborah Koch.
The applicant has filed a Notice of Intent with the Northampton Conservation Commission for seeking
permission to remove, fill, dredge or alter an Area Subject to protection Under the Wetlands Protection Act (General Laws Chapter 131, Section 40) and the Northampton
Wetlands Protection Ordinance (Chapter 337).
The address of the lot where the activity is proposed is 140 Loudville Road
Copies of the Notice of Intent may be examined at the Office of Planning and Community Development,
210 Main Street, Room 11, between the hours of 8:30 a.m. and 4:30 p.m., Monday – Friday, and online at www.northamptonma.gov/opd
Copies of the Notice of Intent and more information may be obtained from either (check one) the applicant ____, or the applicant's representative Stockman Associates,
by calling this telephone
number (413)-743-1372 between the hours of 8AM and 5PM on the following days of the week:
Monday – Friday. Please leave a message if we are out in the field.
Information regarding the date, time, and place of the public hearing may be obtained from the Office of
Planning and Community Development by calling (413) 587- 1263. Hearing notice will be posted online at www.northamptonma.gov/opd.
NOTE: Notice of the public hearing, including its date, time, and place, will published at least five (5) days in advance of the hearing in the Daily Hampshire
Gazette.
NOTE: Notice of the public hearing, including its date, time, and place, will be posted in the Northampton City Hall not less than forty-eight (48) hours in
advance.
NOTE: You also may contact the nearest Department of Environmental Protection Regional Office
for more information about this application or the Wetlands Protection Act. To contact DEP, call the Western Region at (413) 784-1100.
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