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Cadorette-Cardinal Amended Notice of Intent Filing 10-14-2021.pdf
AMENDED NOTICE OF INTENT Mary Cadorette Cardinal Way Map 36 Parcel 245 Northampton, MA HERITAGE Land Surveying & Engineering, Inc. 241 College Highway & Clark Street Post Office Box 90 Southampton, Massachusetts 01073-0090 (413) 527-3600 HSI No: 7727-210507 July 1, 2021 Revised: October 14, 2021 Prepared for: Mary Cadorette 88 Rocky Hill Road Hadley, MA 01035 Bruce F. Hunsaker, PLS Telephone (413) 527-3600 General E-mail: info@heritagesurveys.com E-mail: bruceh@heritagesurveys.com Fax: (413) 527-8280 Website: heritagesurveys.com HERITAGE Land Surveying & Engineering, Inc. 241 College Highway & Clark Street Post Office Box 90 Southampton, Massachusetts 01073-0090 (413) 527-3600 October 14, 2021 Page 1 of 2 RE: Amended Notice of Intent Mary Cadorette Cardinal Way (Map 36, Parcel 245) Northampton, MA 01060 HSI Job #7727-210507 REVISED NARRATIVE STATEMENT Existing Site Description: The revised plan shows a parcel of land referred to as Lot 1 containing 1.837 acres with 175’ of frontage, which contains upland area which is proposed to be developed. The remaining land owned by the Cadorette’s has sufficient area and frontage to satisfy zoning. This parcel of land is not a building lot and is proposed to be conveyed to Judith Jacobson and incorporated into her abutting parcel. The frontage for the property was established after Cardinal Way was constructed. The property was an abutter to the Plantation at West Farms Subdivision approved in 2002. The site contains a mowed field area with wooded Bordering Vegetated Wetland (BVW). There is a Bordering Vegetated Wetland (BVW) along the easterly frontage along Cardinal Way, which is defined by the C series flagging. The revised plan shows a correction in the location of flags C23 and C24. The reflagging of these two flags was done in 2019 and reverified by Daniel Nitzsche, the wetland consultant for the project from GZA. There is finger shaped BVW that extends into the remaining land south of Lot 1. This wetland designated by the B series flagging extents the 100 foot buffer zone onto Lot 1. There is an existing perennial stream located on the abutting southerly property owned by Judith Jacobson. No Riverfront is located on the proposed site to be developed. A site visit was performed by Sarah LaValley on September 10, 2021 at which time an interior isolated wetland was identified, on the now remaining land of the Cadorette’s. Interior delineation was performed by Daniel Nitzsche from GZA, designated as the I series flagging. The 100 foot buffer zone to the I series flagging extends into the proposed Lot 1. A report is enclosed which describes the newly identified isolated wetland containing 5,566 sf which has been added to the plan along with the associated buffer zones. Project Description: The newly delineated isolated wetland rendered the originally submitted two lot common driveway project not feasible. The project has been revised to be a shared condominium lot with two dwellings and a shared driveway. The proposed houses will be located outside the 100’ buffer zone to the BVW and the isolated wetland. Approximately 1,863 sf, of proposed work for the driveway construction will be within the 100-50’ buffer zone to the BVW (7% of the total buffer zone on Lot 1 and 9% of the buffer zone between 100-50 foot on Lot 1. All utilities to serve the house will be located underground running along the proposed driveway within the limits of work shown on the revised plan. The limit of work proposed for the project, which is proposed to be outlined by installed silt fence, contains 36,312 sf. No work is being proposed within the 50’ buffer zone or the 200’ Riverfront. Topography: The topography of the project can be seen on Figure 2 in Exhibit B - Locus Map (USGS Map) and the enclosed plan, as well a description within Resource Area Assessment Findings, prepared by GZA GeoEnvironmental, Inc., dated May 4, 2018 & October 14, 2021. (see enclosed reports). Open Water Bodies: There are no open water bodies within 200 feet of the project area. Flood Plain: This project does not fall within the 100-year flood zone, according to Flood Insurance Rate Map (see Figure 3 in Exhibit B). Wildlife: According to the MassGIS Map the layers showing Estimated Habitat Map of Rare Wildlife and Priority Habitats of Rare Species produced by the Natural Heritage & Endangered Species Program are not located on the parcel of land, there are no rare plants or animals in the vicinity of the project. (See Figure 4 in Exhibit B). Sedimentation Control Measures: Prior to the construction, a siltation fence shall be installed as per plan and specifications. No work shall commence until all sedimentation controls are in place. The owner shall maintain all controls. See Sedimentation Control Specifications as shown on accompanying plan, and in Exhibit C. Bruce F. Hunsaker, PLS Telephone (413) 527-3600 General E-mail: info@heritagesurveys.com E-mail: bruceh@heritagesurveys.com Fax: (413) 527-8280 Website: heritagesurveys.com October 14, 2021 Page 2 of 2 Resource Area Delineation: The Bordering Vegetated Wetland, Isolated Wetland and 200’ Riverfront were established by GZA GeoEnvironmental, Inc., see enclosed report entitled Resource Area Assessment Findings. The delineation flagging was field surveyed by Heritage Land Surveying and Engineering, Inc. and is shown on the enclosed Site Plan for the project along with the Buffer Zones. Work Within the 100’Buffer Zone: The proposed work within the 100’ Buffer Zone to the BVW and Isolated Wetland is approximately 1,863 square feet (9% of the areas between the 1000’-50’ buffer zone on Lot 1) for the construction of the proposed shared driveway. Work Within the 50’ Protected Zone: No work is being proposed within the 50’ Protected Zone. Work Within the 200’ Riverfront: No work is being proposed within the 200’ Riverfront. Performance Standards: E. Work within upland areas adjacent to wetlands. A growing body of research evidence suggests that even "no disturbance" areas reaching 100 feet from wetlands may be insufficient to protect many important wetland resource characteristics and values. Problems with nutrient runoff, erosion, siltation, loss of groundwater recharge, poor water quality, vegetation change and harm to wildlife habitat are greatly exacerbated by activities within 100 feet of wetlands. These impacts may happen either immediately, or over time, as a consequence of construction, or as a consequence of daily operation. Thus, in general, work and activity within 100 feet of wetlands should be avoided and discouraged and reasonable alternatives pursued. The project has been redesigned to have minimal disturbance within the buffer zone to the bordering vegetated wetland and isolated wetland to the extent feasible to gain access to the upland portion of the property. Attempts by the client were made to obtain an easement through the northerly abutting property to locate the proposed driveway outside the buffer zone, but this was declined. No other means of accessing the upland portion of the site is available. Approximately 230 sf of vegetation on the northerly side of the wetland will be removed to construct the driveway. This vegetation is located on the northerly side of the C series wetland and does not provide shading to the wetland area and does not provide habitat value to the wetland. This wetland area has been previously disturbed during the construction of Cardinal Way and installation of the gabion stone cage system abutting the C series wetland. The areas on the site outside the proposed limit of work within the buffer zone shall remain vegetated to allow for a natural buffer to provide wildlife habitat and eliminate problems pertaining to nutrient runoff, erosion, siltation. (1) Certain areas 50 feet to 100 feet from wetlands may be suitable for temporary, limited or permanent disturbance as appropriate when the applicant can demonstrate to the Commission's satisfaction that the proposed work, activity or use will not affect wetland values singularly or cumulatively and, by means of a written and plan view assessment, that reasonable alternatives to the proposed work or activity do not exist. As stated above the work within the 50 foot to 100 foot buffer zone is minimized to limited the only area that will allow access to the upland portion of the site. The proposed driveway has been limited to ten foot wide. Approximately 130 linear feet of the proposed driveway will be located within the 50-100 foot buffer zone. A silt fence barrier shall be placed along the proposed limits of work, as shown on the accompanying site plan, prior to the start of any work. The barrier shall be maintained until all work has been completed and the site is stable. Boulders shall be placed long the 100 foot buffer zone to demarcate the allowable limits of mowing/maintenance area. (a)The Commission may allow the alteration of up to 20% of the area within the fifty-foot to one‐hundred‐foot buffer zone on a lot, or up to 2,000 square feet on a lot within a cluster subdivision. This is a total, cumulative allowance for all projects on a lot developed since the City first adopted a wetlands protection ordinance (August 17, 1989). The proposed work must have no significant adverse impact on the resource area, and the applicant must provide evidence deemed sufficient by the Commission that the area being disturbed will not harm the resource area values protected by the law. The alteration within the 50-100 foot buffer zone will be 1,863 sf which is 9% of the area between the 50-100 foot buffer zone on Lot 1. The alteration is under 20% of the area within the 50 foot to 100 foot buffer zone. The proposed project will have no significant adverse impact on the resource area which runs along Cardinal Way. The re-establishment of vegetation within the remaining buffer zone areas will allow the project to have no significant impact on the Bordering Vegetated Wetlands and the Isolated Wetland. GZA GeoEnvironmental, Inc. 1350 Main Street• Springfield, MA 01103 Phone: (413) 726-2100 • Fax: (413) 731-1249 WETLAND OBSERVATIONS - FIELD REPORT GZA GeoEnvironmental Inc. REPORT DATE: September 15, 2021 page 1 of 3 PROJECT No: 15.0166500.33 Inspection Date: September 12, 2021 LOCATION: Lot West of Cardinal Way PHOTOS: 1-4 Compliance Observer: Daniel Nitzsche, CPESC, CESSWI, SE PROJECT: Wetland Delineation Review Weather: Partly Cloudy, 76°F. Note: Isolated Wetland Review OBSERVATIONS & RECOMMENDATIONS: Overview: GZA completed a review of an area identified by the Conservation Commission Agent as potentially being a regulated isolated wetland. An aerial image was provided to guide our search. We discovered that an isolated wetland without a surface hydraulic connection to any other wetland is located within the open field and roughly as indicated by a darker colored area seen on the aerial map. Observations 1. The open field area has a smaller area within the field that is a depression that contains a predominance of wetland plants species. 2. We observed hydric soil characteristics within the depression we flagged as an isolated wetland (Flags I-1 through I-12). 3. Although wetland vegetation was observed outside of the isolated wetland area, there is clear evidence of subsurface hydrology within the isolated wetland. Immediately outside of the depression, hydric soil was not observed. 4. Wetland vegetation includes sensitive fern (Onoclea sensibilis), Joe-pye-weed (Eutrochium purpurea), soft rush (Juncus effusus), bedstraw (Galium palustre), fowl meadow grass (Poa palustris), Canada goldenrod (Solidago canadensis), grass-leaved goldenrod (Solidago gramnifolia), and reed canary grass (Phalaris arundinacea). SITE OBSERVATIONS - Cardinal Way Report Date: September 15, 2021 Page 2 of 3 Photo 1: This photo shows the typical hydric soil characteristics found in the isolated wetland. View facing: West Photo 2: Approximate location of the hydric sample shown in Photo 1. View facing: West SITE OBSERVATIONS - Cardinal Way Report Date: September 15, 2021 Page 3 of 3 Photo 4: This photo shows the location of the upland soil sample plot shown in Photo 3. View facing: North - Photo 3: This photo shows the upland soil directly outside of the depression/isolated wetland. View facing: North 7/1/2021 eDEP - MassDEP's OnlineFiling System https://edep.dep.mass.gov/eDEP/Pages/PrintReceipt.aspx 1/1 MassDEP Home | Contact | Privacy Policy MassDEP's Online Filing System Username:KAILYNHERITAGENickname: KAILYN My eDEP Forms My Profile Help Notifications Receipt MassDEP Home | Contact | Privacy Policy MassDEP's Online Filing System ver.15.21.0.0© 2021 MassDEP Summary/Receipt print receipt Exit Your submission is complete. Thank you for using DEP's online reportingsystem. You can select "My eDEP" to see a list of your transactions. DEP Transaction ID: 1286221Date and Time Submitted: 7/1/2021 11:12:18 AMOther Email : Form Name: WPA Form 3 - NOI Project LocationCity/Town Name: NORTHAMPTONlocation: CARDINAL WAYGeneral Description: THIS FILING IS RELATIVE TO THE PROPOSEDCONSTRUCTION OF A 15’ WIDE SHARED DRIVEWAY. A PORTION OFTHE SHARED DRIVEWAY WILL BE LOCATED WITHIN THE 100’ BUFFERZONE TO A BORDERING VEGETATED WETLAND, BUT OUTSIDE THE 50’BUFFER ZONE. THE SHARED DRIVEWAY WILL SERVE TWO SINGLEFAMILY DWELLINGS, WHICH WILL BE LOCATED OUTSIDE ALLRESOURCE AREAS AND BUFFER ZONES. Applicant InformationName: MARY CADORETTECompanyAddress: 88 ROCKY HILL RD, HADLEY, MA, 01035 Payment InformationYour fee for the state share is $: 42.50 If you have paid by credit card or ACH, thank you for your payment. If you arepaying by check or money order, please send your check (payable to theCommonwealth of Massachusetts) to MassDEP, Box 4062, Boston, MA 02211 Additional Forms SubmittedWPA Form 3 - NOI (Fee Transmittal)(ONLINE ONLY) Ancillary Document Uploaded/MailedNotice of Intent FilingSite Plan My eDEP Forms Attach Files Signature Payment Receipt 7/1/2021 eDEP - MassDEP's OnlineFiling System https://edep.dep.mass.gov/eDEP/Pages/PaymentConfirmation.aspx 1/1 MassDEP Home | Contact | Privacy Policy MassDEP's Online Filing System Username:KAILYNHERITAGENickname: KAILYN My eDEP Forms My Profile Help Notifications Transaction Overview Trans# 1286221 ID# WPA Form 3 - NOI (Fee Transmittal) Payment Confirmation print Exit DEP Transaction ID : 1286221 Payment Date : 7/1/2021 11:10:54 AM Your payment is not complete until DEP receives notice that check # 252 for $42.50 is cleared through the bank . Please send a copy of your receipt page and your transmittal form along with your check to Commonwealth of Massachusetts, P.O. Box 4062, Boston, MA 02211. Transaction Information DEP Payment Code# 208062 MassDEP Home | Contact | Privacy Policy MassDEP's Online Filing System ver.15.21.0.0© 2021 MassDEP Forms Attach Files Signature Payment Submit HERITAGE Land Surveying & Engineering, Inc. 241 College Highway & Clark Street Post Office Box 90 Southampton, Massachusetts 01073- 0090 (413) 527-3600 Site Pictures Area of Driveway Access Mary Cadorette Cardinal Way Northampton, MA FIGURE 5 JOB#7727-210507