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2023.08.24 Staff Report August 24 2023 Staff Report To: Conservation Commission From: Sarah LaValley RE: Staff Report, August 24 2023 Commission Meeting 5:30 PM, continuation. Notice of Intent for septic system replacement within bordering land subject to flooding (Connecticut River). Jonathan Fogelson. 128 Cross Path Road. Map ID 32-014 Application Overview: The application proposes construction of a septic system within BLSF to accommodate additional bedrooms yet to be constructed. To achieve required separation from groundwater, the system will be mounded, and create a 370 cubic yard mound. A 80 foot hole is proposed to be dug one foot below grade to create 380 cy of storage, all below the elevation affected. The application provides no elevation details beyond noting that all work will be within the floodplain. DEP Comments: [1] The plan acknowledges that the site is within Bordering Land Subject to Flooding but the Form 3 states this is a buffer zone only project. The Form 3 needs to be updated to reflect that work is occurring in BLSF. The applicant needs to quantify the area of work as well as volumes at each 1 foot increment. Please note the area may need to be surveyed for elevation. The FEMA map study is based on the NGVD29 datum and if any other datum is used, there is a correction factor that must be applied. The original application on which DEP based their comment did not include any information at all about cut and fill within BLSF. [2] Mass Land Records shows the current owner is Talmas LLC. Consistency with the WPA and Northampton Wetlands Ordinance, Staff Recommendations: The application does not clearly indicate the areas affected, does not include a survey, and does not provide elevation data. It’s not clear how the storage would be achieved or maintained. Additional information will be needed to be able to determine whether the work meets performance standards. An alternative to creating a hole would be to demolish a structure or create flow-through vents to increase flood storage in an existing structure, staff recommends that this option be investigated. The Commission will need to be able to find that the work meets the standard that: “Compensatory storage shall mean a volume not previously used for flood storage and shall be incrementally equal to the theoretical volume of flood water at each elevation, up to and including the 100-year flood elevation, which would be displaced by the proposed project.” August 24 2023 Staff Report 2 Removal of volume at only one incremental 1 foot elevation does not actually comply with the performance standards, though the Commission has allowed storage at lower elevations in some cases. If the Commission can find through additional materials presented that the work will not contribute to extent and level of floods, an Order of Conditions can be issued, with standard conditions, and documentation of fill removed. The compensatory storage area will need to be created prior to the septic work. If additional house footprint expansion is proposed, that will require additional review. If an elevation certificate is required by the Building Department, the Commission must be provided a copy. The Commission may continue the hearing to request additional information. 5:45 PM Request for Determination of Applicability to determine if removal and management of non-native invasive plant species is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. Lathrop Communities, 680 Bridge Road, map ID 18C-141, and Florence Rd, Map ID 44-05 Application Overview: The Commission issued separate negative determinations for this work in 2019, both of which will soon expire. This application proposes continued removal of non-native invasive species in accordance with a Habitat Management Plan at each property. Work is proposed within riverfront area to an unnamed perennial tributaries to the Connecticut River, and potentially within buffer zone to bank, but outside other resource areas. Species to be targeted include multiflora rose, purple loosestrife, various honeysuckle varities, Japanese barberry, Asiatic bittersweet, winged euonymus and (a new arrival in Northampton), Japanese stiltgrass. Removal methods include cut stem treatment, targeted foliar spray. Both parcels are subject to Conservation Restrictions held by the City. Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance: The application only proposes removal of species that have no recognized habitat value, and pose threats to native ecology. Staff Recommendations: The work proposed should result in no alteration, and an overall improvement to jurisdictional resource areas. 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 said area. Require notification 48 hours prior to work being done, and again when complete each year, and require copies of all monitoring reports. 6:00 PM Notice of Intent for improvements to existing driveway, creation of an 8 space parking area to serve Mineral Hills Greenway, and related stormwater improvements. Work to take place in riverfront (unnamed tributary to Parsons August 24 2023 Staff Report 3 Brook) and buffer zone. Rebecca Allen & Roland Ouelette. 332 Turkey Hill Rd. Map IDs 34-02, 34 & 36. Application Overview: The application proposes refinements to an existing development plan. The easements and initial permits for this have been in place for many years. The most recent addition to the Mineral Hills Greenway was the third lot in a 3-lot development, which also included the hilltop parcel and the condo lot. Work now proposed includes construction of a two family building at the top of the hill outside resources areas, improvements to an existing 12’ wide paved driveway, and associated stormwater management system. The lot on which an existing condominium unit is located is still proposed to be built out with two additional multifamily buildings, parking, associated utilities and stormwater management. On lot 2, the remaining portion of the 12’ residential drive is proposed along with an 8 space public parking lot for the conservation area, which will be served by a stormwater system across the road. Encroachments into the wetland buffer zone are limited to improvements being made to the previously constructed 16’ wide driveway extending to the top of the hill. Disturbances within the buffer zone are primarily limited to currently degraded areas. The design also includes a limited plan to remove invasive vegetation from the riverfront area and buffer zones as feasible. The application also required a stormwater permit amendment from the Department of Public Works which had not been issued as of the time of this report, but should be available at the hearing. DEP Comments: [1] All stormwater BMPs must be designed, constructed, operated and maintained per the Stormwater Handbook, Volume 2 Chapter 2. Agreed, require that the O&M have clear requirements for responsible parties, with staff review and approval prior to execution. This is critical since more than one parcel and potentially several different property owners [2] The commission should discuss the keeping of a log book detailing maintenance done on the approved stormwater BMPs as this requirement is frequently not done by the owner of record of the stormwater system. [3] Please note that the perennial stream is a Cold Water Fishery Resource. Preventing sediment from entering the water and maintaining and/or increasing shading of the water column is important to protecting this valuable resource. Coldwater streams and rivers are critical habitat for a variety of fish including rare (American Brook Lamprey, Longnose Sucker, Lake Chub) and recreationally-important (Brook Trout) species. Consistency with the WPA and Northampton Wetlands Ordinance, Staff Recommendations: The application includes an assessment of compliance with performance standards with which staff agrees. All of the work proposed will take place within areas that were degraded as part of quarrying and earth removal operations. August 24 2023 Staff Report 4 Discuss DEP comments above with the applicant Staff reviewed the delineation and did not have concerns. Require a clear phasing plan with responsible parties, including delineation of which project elements will be completed at each stage. This is important since condominium work is not planned at this time. The stormwater basins and parking area must be constructed prior to or concurrently with the house lot. A detailed planting and maintenance plan, including watering, must be provided prior to the preconstruction meeting A request for certificate of compliance must include an assessment of all plantings within resource areas, after no less than two growing seasons. Any plantings not surviving at that time shall be replaced. Other Items: Request for Certificate of Compliance, 68 Blackberry Lane, Parcel 18C-136 DEP File 246-617 The Commission issued an Order in 2008 for repair of a stone wall, demolition of a patio, and construction of a sunroom within buffer zone to bank of a stream channelized in concrete that emerges from a pipe at the edge of the property within a mown lawn area. Staff visited the site and confirmed that work was completed as proposed; with . The Order required as- built plans which were not provided, though there did not appear to have been any plans filed with the application. Staff recommends issuance of a certificate, with a note to the applicant that the deed must include language regarding the presence of resource areas as required as an ongoing condition.