2020.06.11 Staff Report
Conservation Commission Staff Report 1
June 11, 2020
To: Conservation Commission
From: Sarah LaValley
RE: Staff Report, June 11, 2020 Commission Meeting
5:30 PM – Request for Determination of Applicability to determine if invasive
species management within riverfront area (Mill River) is subject to the Wetlands
Protection Act or Northampton Wetlands Ordinance. Smith College Facilities
Mgmt, from West St/Rt 66 bridge north to Paradise Pond dam.
This application proposes expanded removal of non-native invasive species in accordance with a
Habitat Management Plan within Smith College and adjacent Housing Authority land. Village Hill is
included in the proposal but will not be done at this time. Work is proposed within riverfront area to
the Mill River, and within buffer zone to bank, but outside other resource areas. Species targeted are
Japanese Knotweed and other woody invasives. Removal methods include cut stem treatment and
targeted foliar spray. The application includes
Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance:
The application only proposes removal of species that have no recognized habitat value, and pose
threats to native ecology.
Staff Recommendations:
The work proposed should result in no alteration, and an overall improvement to jurisdictional
resource areas. Issue a negative determination by checking box 2 to indicate that the work is within
an area subject to protection, but will not remove dredge fill or alter said area. Require notification
48 hours prior to work being done, and again when complete each year, and require copies of all
monitoring reports.
Request for Extension of Order of Conditions – 1260 Westhampton Road, Craig Weise,
DEP File 246-700
Application Overview:
The applicant proposes to extend an Order of Conditions that was issued in 2017, and will be expiring in
2020 (exact date not certain due to covid-related changes to permit expirations), for an additional three
years. The Order permitted construction of a driveway through BVW and buffer to access a single family
home. Resource area boundaries were confirmed through a 2015 Determination of Applicability. Work
included 1,200 square feet of BVW disturbance, in addition to 500 sf of temporary disturbance, 4,840 sf
of permanent disturbance within the 0-50 foot buffer, and 3,790 sf of disturbance within the 50-100 foot
buffer. The Commission determined the project to be a ‘limited project driveway crossing’ The driveway
is between 12 and 16 feet wide, and includes a great deal of fill to bring the significant grade of the site to a
level allowable by City standards. Replication of 3,020 square feet of wetlands was permitted.
Consistency with the WPA and Northampton Ordinance:
310 CMR 10.05(8) states that an extension permit request may be denied, and a new notice of intent
required:
1. where no work has begun on the project, except where such failure is due to an unavoidable delay,
such as appeals, in the obtaining of other necessary permits;
Work on the project has not begun.
Conservation Commission Staff Report 2
May 14, 2020
2. where new information, not available at the time the Order was issued, has become available and
indicates that the Order is not adequate to protect the interests identified in M.G.L. c. 131, § 40; or
3. where incomplete work is causing damage to the interests identified in M.G.L. c. 131,§ 40;
No work has been done on the project.
4. where work has been done in violation of the Order or 310 CMR 10.00; or
No work has been done on the project.
5. where a resource area delineation or certification under 310 CMR 10.02 (2)(b)2. In an Order of
Resource Delineation is no longer accurate
It is unknown whether the delineation, originally done in 2015, is still accurate.
Staff Recommendations:
No work being started is an acceptable reason for the Commission to deny an extension permit request.
Work on the project includes disturbance of the Protected Zone. The Commission should discuss whether
the existing Order to regulate the work is sufficient to protect the interests of the Act and Ordinance.