2020.10.22 Staff Report
Conservation Commission Staff Report 1
October 22, 2020
To: Conservation Commission
From: Sarah LaValley
RE: Staff Report, October 22 2020 Commission Meeting
5:30 PM – Request for Determination of Applicability to determine if resource area
boundaries are delineated accurately, and whether well installation is subject to the
Wetlands Protection Act or Northampton Wetlands Ordinance. Harvey Ashman &
Linda Doucette-Ashman 176 Turkey Hill Rd, Map ID 34-16.
Application Overview:
The application requests a determination as to whether resource areas onsite are subject to the
WPA or the Wetlands Ordinance and if boundaries are accurate, and whether temporary drinking
water well drilling operations are subject to the WPA or ordinance. Well drilling is proposed to
include and a 40x12’ gravel staging area area that is proposed to be maintained until the spring,
or when construction of a house that will be subject to a later NOI, is complete. 1,544’ total
temporary disturbance within the buffer zone is proposed.
Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance,
Staff Recommendation:
Staff visited the site and found resource area; braided streams currently dry and associated
wetlands, to be as-described in the application and in conformance with the delineation manual.
Issue a positive determination by checking box 1, 2a and 5, to indicate that the The Commission
should confirm that no large vegetation removal is proposed as a result of the well work, that this
area is existing lawn, and discuss how access to this area with large equipment with the applicant.
Access to the site and an extended pad in-place could alter the wetland area. If the Commission
finds that the well work will not alter the buffer zone, also check box 3. Include standard
conditions and a condition that the pad be removed and the area fully restored by June 1 2021,
and clearly note that this area is not to be included as a previously disturbed area in any
subsequent NOI filing. If the work will create an impact, check box 4 to require that the well work
be included in the NOI.
5:45 PM - Request for Determination of Applicability to determine if an area is
subject to the Wetlands Protection Act or Northampton Wetlands Ordinance.
Andrew & Meghan Burque, 310 Sylvester Rd, Map ID 28-78.
Application Overview:
The application requests a determination as to whether a 475 sf depression created by excavation
is subject to the WPA or the Wetlands Ordinance. The area includes wetland indicator plants and
appears to hold standing water in the spring.
Conservation Commission Staff Report 2
October 22, 2020
Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance,
Staff Recommendation:
Staff visited the site, finding a depression as described, 5’ +/- in depth, without up or downstream
hydrologic connections. Water stained leaves and indicator plants were present. Staff was not
able to determine at the time of year whether the area may have possible vernal pool
characteristics.
The Wetlands Ordinance
encompasses isolated
“Freshwater wetlands
that do not border on
creeks, rivers, streams,
ponds, and lakes; isolated
depressions which hold
standing water for
extended periods of time,
such as kettle holes which
are too small to be called
ponds; and isolated
depressions or closed
basins which are subject
to flooding during
periods of high‐water
table and high input from
spring runoff or
snowmelt or heavy
precipitation, and
support populations of
nontransient macroorganisms,” and seasonal wetlands, “all confined basin depressions which, at
least in most years, hold water for a minimum of two continuous months during the spring and/or
summer, and are free of adult fish populations, and are less than 1,000 square feet in area, but larger
than 30 square feet in area”
Issue a positive determination by checking box 6, to indicate that the area is subject to the Ordinance
but not the WPA. Check box 2b to indicate that the boundaries are not confirmed.
6:00 PM – Notice of Intent for drainage improvement, including culvert removal,
new drains and headwall within bordering vegetated wetland. Northampton DPW,
205 Rocky Hill Rd, Map ID 37-76 and Rt 66 right of way. DEP File 246-747
Application Overview:
To address flooding on Route 66 that occurs during storm events, the application proposes to re-
route flow from an 18” concrete pipe to a new manhole within the House of Corrections driveway and
on to a new 30” pipe via a new 24” ductile iron pipe. A 16” driveway culvert is no longer functional
due to the placement of a utility pole in its path, causing persistent drainage issues and an
unbalanced flow of stormwater in the two pipes discharging to the southerly wetland. There is an
existing inlet structure associated with this pipe which DPW proposes to remove. A new headwall is
proposed to be built in its place which will be parallel to the road and partially within the BVW. No
change in discharge volume to the wetland on the south side of Rt 66 is proposed.
The work will alter 86 sf of BVW, and 985 sf of buffer zone impacts, 13 sf of BVW will be
permanently impacted, and is proposed to be replicated 1:1 onsite.
Conservation Commission Staff Report 3
October 22, 2020
DEP Comments:
[1] This reviewer is concerned about the work that has been ongoing across the street since at least
2002 where it does appear there has been work in BVW and a loss of BVW. Work is proposed at that
outfall and a wetlands delineation, looking below any fill layer for the presence of hydric soils, should
be conducted. Were the existing outlets permitted by the commission? That work would not have
been exempt from compliance with the regulations unless conducted under an emergency permit
issued by the commission and then subject to any conditions they may have required.
There is no work proposed as part of this project on the southern side of Route 66, only at the inlet
on the north side. Removal and resetting of previous drainage pipes that were undersized and
damaged, creating scour and erosion in the BVW, was permitted under an e-cert in summer 2018.
Staff visited the site and confirmed that the downstream outlet area has revegetated into a shrub
wetland.
[2] Is the work on the south side of the road allowed under the APR, which it appears to have based
on the Open Space GIS layer? Does the Dept. of Food and Agriculture at UMASS Amherst have to
sign the NOI since the applicant is not the owner of that property?
Work is not proposed on the southern side of Route 66. The House of Corrections did sign the
application, however
[3] Under stormwater redevelopment standards, the commission may require all catch basins or
drop inlets that feed into the new piping to have 4 foot sumps.
The Commission should discuss whether 4 foot sumps would be possible for this project.
Underground utilities may limit options.
Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance,
Staff Recommendation:
The application is filed as a Limited Project pursuant to 310 CMR 10.53(f) as improvement of
inadequate roadway drainage systems ‘Limited Projects’ can be permitted by the Conservation
Commission notwithstanding the performance standards and regulations for inland wetlands. No
limited project can be permitted that would have an adverse impact on habitat of rare or endangered
species. The Northampton Wetlands Ordinance also creates an exception for limited projects – they
may take place within resource areas and their associated protected zones. An assessment of
compliance with applicable stormwater standards is included in the application.
Staff visited the site and have no concerns with the delineation. Issue an Order of Conditions with
standard conditions, also include standard conditions regarding the construction and reporting of
BVW replication areas. Discuss the reseeding mix proposed to make sure it is appropriate for the
site.
Request for Certificate of Compliance, 17 Hawthorne Terrace
This Order; under the Ordinance only, permitted construction of a house and driveway in 1992, with
requirements that the envelope be confined to an area shown in the permit, and creation of a wetland
replication area. Specific conditions:
27: As built plan showing wetlands and all construction including topography and wetlands
replication certified by a professional engineer
This was not submitted
28: Annual inspection report at the end of each growing season until a certificate is issued
One report was submitted; included in the request documents.
Conservation Commission Staff Report 4
October 22, 2020
31: No disturbance, including lawn, on the tennis court side of that area shown on plans as the
driveway, except within 5’ of that driveway, and all house and driveway construction must be within
the hatched area
As built-plan not submitted. A shed and lawn have been added, but may be within the envelope.
Please refer to attached overlay with ortho image and staff photographs.
If the Commission finds that sufficient information to demonstrate compliance with the Order has
been provided, a certificate can be issued, with required permanent conditions.
EDocument Path: J:\mxd\2020maps.mxdCoordinate System: NAD 1983 StatePlane Massachusetts Mainland FIPS 2001Projection: Lambert Conformal ConicDatum: North American 1983False Easting: 200,000.0000False Northing: 750,000.0000Central Meridian: -71.5000Standard Parallel 1: 41.7167Standard Parallel 2: 42.6833Latitude Of Origin: 41.0000Units: MeterDate: 10/20/2020