2021.09.09 Staff Report.pdf
Conservation Commission Staff Report 1 September 9, 2021
To: Conservation Commission From: Sarah LaValley RE: Staff Report, September 9, 2021 Commission Meeting
5:30 PM Request for Determination of Applicability to determine if walking path
improvements within buffer zone to bank and wetlands will alter resource areas. Office of Planning & Sustainability, Rocky Hill Greenway, Old Wilson Rd, Parcel 37-049.
Application Overview:
The application proposes installation of geogrid on existing trails at the Pine Grove section of Rocky Hill
Greenway. The work will be funded through a state trails grant, and is intended to stabilize the trail area
and create an even surface for users of all abilities. Photos of existing trails are attached.
Staff-assisted application, no specific recommendation. If the Commission agrees that the work will take
place within buffer zone, but will not remove, dredge, fill, or alter any areas subject to protection, issue a negative determination by checking box 3.
5:45 PM, Notice of Intent for bridge span replacement within riverfront (Beaver Brook). Seth/Angela Gregory. 595 Haydenville Rd, Parcel 06-010
Application Overview:
The application proposes replacement of an existing deteriorating wooden bridge through a deeded
easement with a steel beam bridge. Work is limited to the existing driveway footprint at an elevation
slightly above the top decking of the current bridge. The work includes excavation within the existing
road configuration to construct new concrete footings and span the brook. Once the new footings are in
place, the above bank portions of the current bridge will be removed. The project’s work area is limited to within 75- feet of either side of the bridge. Equipment will be removed from the Resource Area each night,
but materials are proposed temporarily stored within two areas adjacent to the proposed bridge abutment
areas, immediately adjacent to BVW. DEP Comments:
The applicant’s consultant has provided a response letter, attached. Staff responses are also included in
italic below.
[1] Please note that the final NHESP letter was issued on 4/28/21, significantly prior to the actual NOI
submittal to MassDEP and the commission. Plan Sheet 1 does have the same date on the plan as is noted
in the NHESP letter. NHESP’s review letter included the below condition that the Commission will need to include in its
Order. The applicant had provided a partial NOI filing to NHESP for review, the updated plans include
additional information and details but do not represent a material change. “The Applicant shall submit a Wood Turtle Protection Plan. Said Protection Plan must be approved in
writing by the Division prior to the start of Work. The Division is available for consultation on the
development of the plan. If all work can occur between November 1st and April 15th, a Wood Turtle Protection Plan will not be required.”
[2] The commission should note that there is presumptive BLSF across the town line into Williamsburg,
noted in the NOI, and the current FIRM does not note any in the crossing area. The commission should
also note that the computer generated bankfull width using streamstats is 30.9 feet.
Conservation Commission Staff Report 2
September 9, 2021
[3] The commission might find it helpful if they were to receive photos looking downstream at the inlet and looking upstream at the outlet.
[4] The NOI Form 3 does not note that the work is reviewable as a limited project therefore full compliance with the performance standards is required. The work in Riverfront was submitted under new
development, 310 CMR 10.58 (4), and work in the inner 100 typically cannot be permitted under this section of the regulations. 310 CMR 10.58(4) (d)1.a. basically prohibits work in the inner 100. The commission, using its discretion, may require that the work be submitted as a redevelopment project per
310 CMR 10.58(5). The following guidance is provided for the improvement over existing conditions requirement. Acceptable improvements include, but are not limited to: 1) Significant net reduction of
impervious surfaces; 2) Planting of indigenous plant species; 3) Removal and proper disposal of noxious
but otherwise legally located materials. The work does not qualify as a limited project. The applicant indicated that the work could qualify to be
considered under the ‘minor project’ provision below. All impacts are temporary, and no new disturbance of resource areas is proposed. This provision is more generally utilized for driveway resurfacing, but does not contain any maximum limitations.
“The repair or replacement of an existing and lawfully located driveway servicing not more than two dwelling units provided that all work remains within the existing limits of the driveway and all surfaces
are permanently stabilized within 14 days of final grade.” A condition can be added to the Order to ensure this is met.
[5] Please note the temporary stockpile areas are directly adjacent to BVW. This reviewer does understand the applicant does not own the fields adjacent to Beaver Brook but it does appear that the fields, some
clearly in BVW, are being mown for a possible non-agricultural purpose. 310 CMR 10.55(4)(a) prohibits
any impairment or destruction of BVW. The Commission should confirm with the applicant that other areas farther from resources that could be
utilized for stockpile areas. If an alternate location is not able to be provided, the Commission should
include a condition limiting the duration that these areas are able to be used, and discuss the method and location of erosion control. Staff notes the possibility of violations on the adjacent property and will
look into them. Staff also notes that some mowing within riverfront appears to occur as part of the
lawn area associated with the residence. The Commission should discuss this with the applicant, and this activity should cease.
Consistency with the WPA and Northampton Wetlands Ordinance; Staff Recommendations:
The application includes a performance standard compliance assessment (section 3, page 9), with which
staff concurs. Work can be allowed under the Wetlands Ordinance as work proposed is limited to
existing disturbed/degraded areas. An Order of Conditions, with standard conditions, can be issued. In
order to meet the qualifications as a ‘minor project,’ an assessment of the work area no more than 30 days
following the completion of work should be required, at which time a certificate of compliance can also be
requested. Include the NHESP comment, limits on duration of disturbance as discussed above, and any
modifications to erosion control or work area necessary to protect adjacent BVW. The Commission
should also discuss whether any in-water protections may be necessary in the event of unanticipated
debris.
Rocky Hill Trails, Pine Grove Section. September, 2021