246-0710DATE:September 26, 2017 Municipality NORTHAMPTON
(city/town)
RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER
The Department of Environmental Protection has received a Notice of Intent filed in accordance with the
Wetlands Protection Act (M.G.L. c. 131, §40):
Applicant:
Address:
LOCUS:
SARAH'S PET SERVICES
12 CHURCH AVENUE
GLENDALE ROAD
Owner:WILLARD, BILL, INC
Address:PO BOX 60307
FLORENCE, MA, 01062
This project has been assigned the following file # :WE 246-0710
Although a file # is being issued, please note the following:
Commissioner
MARTIN SUUBERG
Secretary
MATTHEW A. BEATON
Lieutenant Governor
KARYN E. POLITO
Governor
CHARLES D. BAKER
A FILE NUMBER ONLY INDICATES THAT THE APPLICATION CONTAINS THE MINIMAL
SUBMITTAL REQUIREMENTS AND IS ADMINISTRATIVELY COMPLETE - NOT THAT
THE INFORMATION IN THE APPLICATION IS ADEQUATE FOR ISSUANCE OF AN ORDER
OF CONDITIONS.
436 DWIGHT STREET, SPRINGFIELD, MA 01103 413-784-1100
WESTERN REGIONAL OFFICE
DEPARTMENT OF ENVIRONMENTAL PROTECTION
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
COMMONWEALTH OF MASSACHUSETTS
WEST HATFIELD, MA 01088
[1] The submitted fee is incorrect. This is a Notice of Intent for a commercial project, not a single family house. At
a minimum, these activities are a Category 2 fee. The Commission should review the actual fee and ensure that
checks be sent to both the Commission and MassDEP. As a reminder, each activity is its own fee.
[2] Significant Riverfront Area violations are located on this parcel, based on aerial photos including the latest aerial
from 2016. Google Earth clearly shows the unpermitted expansion into Riverfront. This issued needs to addressed
by the Commission and restoration is typically required.
[3] The Commission should review the information submitted for overcoming the perennial presumption. The
Commission would need to vote on whether the presumption remains or sufficient information has been submitted
to overcome the presumption. Then it would decide on how to proceed on the then presumptive Riverfront violation
that occurred between 2013 and 2016 and possibly later. Regardles, there would still appear to be buffer zone
violations.
[4] It appears that some of the wetlands identified on the property labeled BVW are only isolated wetlands. The
Commission should review those wetlands protected under the wetlands regulations versus only under the
This information is available in alternate format. Call Donald M. Gomes, ADA Coordinator at 617-556-1057. TDD# 1-866-539-7622 or 1-617-574-6868.
http://www.mass.gov/dep
Printed on Recycled Paper
SARAH'S PET SERVICES
12 CHURCH AVENUE
WEST HATFIELD, MA 01088
Northampton Wetlands Ordinance. IVW still needs to be shown on the plan per the Water Quality regulations.
[5] ORV/ATV activities in wetlands are violations of both the Wetlands regulations as well as Chapter 202 of the
Acts of 2010. This issue should be reviewed and discussed and restoration required as determined by the
Commission.
[6] Please be aware of the regulatory language regarding work in the buffer zone, per 310 CMR 10.53(1). The
potential for adverse impacts
to Resource Areas from work in the Buffer Zone may increase with the extent of the work and
the proximity to the Resource Area. The Issuing Authority may consider the characteristics of
the Buffer Zone, such as the presence of steep slopes, that may increase the potential for adverse
impacts on Resource Areas. Conditions may include limitations on the scope and location of
work in the Buffer Zone as necessary to avoid alteration of Resource Areas. The Issuing
Authority may require erosion and sedimentation controls during construction, a clear limit of
work, and the preservation of natural vegetation adjacent to the Resource Area and/or other
measures commensurate with the scope and location of the work within the Buffer Zone to
protect the interests of M.G.L. c. 131, § 40. Where a Buffer Zone has already been developed,
the Issuing Authority may consider the extent of existing development in its review of
subsequent proposed work and, where prior development is extensive, may consider measures
such as the restoration of natural vegetation adjacent to a Resource Area to protect the interest
of M.G.L. c. 131, § 40.
[7] If the Riverfront perennial presumption is not overcome, a narrative needs to submitted showing compliance with
the Riverfront Area performance standards.
If you have any questions regarding this letter, please contact: MARK STINSON @ (413)-755-2257
Cc: Northampton Conservation Commission, CITY HALL, 210 MAIN STREEET RM 11, Northampton, MA, 01060
Owner: Willard, Bill, Inc, PO Box 60307, FLORENCE, MA, 01062
Representative: Berkshire Design Group, 4 Allen Place, NORTHAMPTON, MA, 01060
Jonathan Goldsmith, 1350 Main Street, Suite 01103, SPRINGFIELD, MA, 01103
This information is available in alternate format. Call Donald M. Gomes, ADA Coordinator at 617-556-1057. TDD# 1-866-539-7622 or 1-617-574-6868.
http://www.mass.gov/dep
Printed on Recycled Paper