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2021.06.10 Staff Report.pdf Conservation Commission Staff Report 1 June 10, 2021 To: Conservation Commission From: Sarah LaValley RE: Staff Report, June 10, 2021 Commission Meeting Public Hearings: 5:30 PM Request for Determination of Applicability to determine if deck construction within riverfront (Mill River) is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. John Ruyffelaert, 76 Water St, Leeds, Map ID 10D-35 Application Overview: The application proposes replacement of a 17’x6 foot enclosed porch with a 20’x10’ open deck. The work location is approximately 35 feet from the Mill River, and sits on top of a retaining wall with a steep drop to the river. Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance, Staff Recommendation: The work is within 50 feet of the bank, and as such is too close to qualify as a 10.02(2)(b)(1) minor activity “conversion of lawn to uses accessory to residential structures such as decks” project. Work will extend 4 feet farther into the riverfront, and occupy nearly 100 more square feet, but will also be elevated and unenclosed. The Commission should discuss details and construction plans with the applicant, including spacing between boards to allow for light and water flow, the underlying surface, and runoff. If the area underneath remains pervious, overall disturbance may be less than the current condition. A requirement to limit the deck to the current size could also be discussed If the Commission agrees that the work will not have a negative impact on the resource, 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. Request for Certificate of Compliance, 98 Baker Hill Rd As noted in the application materials, the original project was a driveway on Hinckley Street, which had originally been part of a larger contiguous parcel that included 98 Baker Hill Road. A partial certificate of compliance, for the 98 Baker Hill Rd parcel only, can be issued.