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2023.06.22 Staff Report.pdf June 22 2023 Staff Report To: Conservation Commission From: Sarah LaValley RE: Staff Report, June 22 2023 Commission Meeting 5:30 PM Request for Determination of Applicability to determine if septic system installation and creation of a lawn within buffer zone to wetlands is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. John Ewing. 253 Old Wilson Rd, Map ID 44-137 Application Overview: The application proposes construction of a 3 bedroom single family home, garage, driveway, and related improvements, all located outside buffer zones. 411 square feet of a septic system is proposed to be located within the 50-100 foot buffer zone, and an additional 696 square feet of area within the 50-100 foot buffer is proposed to be converted to a lawn area. Existing conditions are not discussed, but the area has been used in the past as a driving range and the buffer areas proposed to be impacted are largely ground cover only and are absent larger trees. Consistency with the WPA and Northampton Wetlands Ordinance, Staff Recommendations: It may be helpful for the commission to consider the septic system and buffer zone work separately. The Wetlands Ordinance provides that: 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 Due to the constrained upland portion of the site, it is likely that the portion of buffer zone proposed to be used for a septic meets this provision. The Commission should discuss construction plans and possible alternatives. If the Commission agrees that the septic work meets this provision, a negative determination can be issued by checking box 3. Any conditions related to construction and restoration of the site necessary, in addition to standard conditions. The Wetlands Ordinance discourages work and activity within 100 feet of wetlands in favor of reasonable alternatives being pursued. The Commission should also note the standards that 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... 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. Calculations have not been provided, but the total buffer zone appears to exceed the area required. June 22 2023 Staff Report 2 The Commission should discuss the potential impacts of conversion to a lawn area, and prevention of future yard creep and associated alteration if considering finding that the lawn does will not constitute an alteration. The Commission should discuss potential options to mark extent of yard area. The Commission confirmed the wetland boundary in July, 2019. Due to permit tolling during the state of emergency, that determination is valid through October 2023. The boundary was not re- flagged as part of this application, and staff does not recommend a new confirmation of BVW locations since it has been five years since the original flagging. 5:45 PM Notice of Intent for sanitary sewer realignment. Work proposed within riverfront, bordering land subject to flooding (Mill River), and buffer zone to bank. Northampton DPW, 620, 634, 638 Riverside Drive. Map 23C, Parcels 35, 34, 33, 32, 90. Application withdrawn, no action or discussion on this item necessary Other Items: Request for Certificate of Compliance, 142 Riverbank Road, Parcel 25-007, DEP File 246-0724 The Commission issued an Order of Conditions in 2020 for construction of a dock and stairs on bank and LUW, and a small deck within riverfront. In addition to standard conditions, the Order required that the applicant evaluate proposed for bank mitigation prior to a request for a certificate of compliance, and shall provide a report within the request. Any plantings not surviving at that time shall be replaced. A report was provided, and staff verified at a site visit that the dock and stairs were installed as permitted, and that the bank is vegetated. Staff recommends issuance of a certificate. Vegetated bank; mitigation plantings at top June 22 2023 Staff Report 3 Other items not foreseen when agenda was published Gary Warner donated a conservation restriction on North Farms Road to the City in 2022. Recently, the IRS updated its safe harbor language that it requires be included in all restrictions granted for which a tax deduction is involved, this applies retroactively. A 90 day grace period to correct the CRs to comply with the IRS language has been provided, Though unlikely, failure to include the verbatim language could put a grantor at financial risk if an audit was conducted. The language in the existing CR is similar, but not exact. The state has already approved the amendment, but this will require conservation commission and city council votes and signatures. This is a non- substantive amendment that has no bearing on the property subject to the restriction, staff recommends approval.