2023.10.12 Staff Report.pdf
October 12 2023 Staff Report
To: Conservation Commission From: Sarah LaValley
RE: Staff Report, October 12 2023 Commission Meeting
5:30 PM Request for Determination of Applicability to determine if septic system
installation in riverfront and bordering land subject to flooding (Mill River) is subject
to the Wetlands Protection Act or Northampton Wetlands Ordinance. 182 MTR LLC, 182
Mt Tom Rd, Map ID 39-39
Application Overview:
The property is without a functioning septic system, and is subject to a Health Department
Order to design and install a Title V compliant system. The application proposes installation in
a gravel area that is within riverfront area and BLSF, and potentially buffer zone.
Consistency with the WPA and Northampton Wetlands Ordinance, Staff
Recommendations:
There are significant violations on the parcel that need to be addressed. While some work
predated the WPA, degraded areas have expanded over time, including placement of the shipping
containers shown on septic plans. Review of an RDA is an opportune time to correct violations
on a site. However, a Notice of Intent application for other more expansive work is currently
pending. Due to the complications of the site, the Commission could consider those violations
comprehensively during the NOI review. The system will be installed in a gravel area that is
currently used for vehicle storage and parking. If the Commission agrees that the work will not
alter the resource area, issue a negative determination by checking box 2.
5:45 PM Notice of Intent for utility pole relocation and removal of 51 trees within
riverfront area (Mill River) Massachusetts Electric Co, River Road right-of-way,
Leeds. DEP File 246-772
Application Overview:
The application proposes removal or relocation of seven utility poles from an off-road right of
way to the roadway ROW within 10 feet of the paved footprint of River Road, and removal of 47
trees from the work area. Grubbing is not proposed; root balls to remain in place.
DEP Comments:
The Commission needs to wait to close the public hearing until NHESP has issued its
determination.
NHESP has issued a no-take determination: “the Division has determined that this project, as
currently proposed, will not adversely affect the actual Resource Area Habitat of state-
protected rare wetland wildlife species. Therefore, it is our opinion that this project meets the state-listed species performance standard for the issuance of an Order of Conditions.”
October 12 2023 Staff Report 2
Consistency with the WPA and Northampton Wetlands Ordinance, Staff
Recommendations:
The work qualifies as a limited project, as detailed in section 5-1 of the application.
Limited projects are certain categories of work that may be permitted notwithstanding
performance standards, which this project would not meet absent this status. The Commission
may still consider alteration and impose conditions.
Evaluation of the riverfront area performance standards for redevelopment work is provided in
section 5-2, but is limited to the pole work itself, and does not include an evaluation or
assessment of the tree removal proposed as part of the project. It does not appear that the 310
CMR 10.58(5) standard that “At a minimum, proposed work shall result in an improvement over existing conditions of the capacity of the riverfront area to protect the interests identified
in M.G.L. c. 131 § 40” has been met. Riverfront alteration also does not appear to be calculated
correctly; the tree removal is not accounted for in the 52 sf of alteration provided as a total. The
application asserts that the trees are ‘hazard trees’ but they have not been assessed by an
arborist.
Understory plantings, invasive species removal (there are significant invasives present in the
work area), and replacement of trees is not proposed or discussed, but would all be appropriate
given the number of trees proposed to be removed.
310 CMR 10.58 provides that “Riverfront areas are important wildlife habitat, providing food,
shelter, breeding, migratory, and overwintering areas. Even some predominantly upland species
use and may be seasonally dependent on riverfront areas. Riverfront areas promote biological
diversity by providing habitats for an unusually wide variety of upland and wetland species,
including bald eagles, osprey, and kingfishers. Large dead trees provide nesting sites for bird
species that typically use the same nest from year to year.” The Commission should discuss how
the project as a whole will protect these interests. While the relocation to the road ROW will
eliminate the need for ongoing maintenance in the wooded area, the disturbed riverfront area
should be carefully taken into account and additional conditions added that will ensure the work
is an overall improvement. Leaving the area to revegetate naturally as proposed will take time,
Some of the trees proposed for
removal
October 12 2023 Staff Report 3
may have limited success given
ground conditions, and will likely
include invasive species spread. If
the Commission can make these
findings, also add any construction-
period measures necessary to
protect the area; details regarding
tree removal methods are not
provided.
Current utility layout in woods on left (west), river
road and Mill River to the right (east). Trees
visible proposed to be removed