2024.04.25 Staff Report.pdf
April 25 2024 Staff Report
To: Conservation Commission From: Sarah LaValley
RE: Staff Report, March 28 2024 Commission Meeting
5:30 PM Request for Determination of Applicability to determine if drinking water
well installation within riverfront is subject to the Wetlands Protection Act or
Northampton Wetlands Ordinance. Ronald Ouellette & Rebecca Allen. 332 Turkey
Hill Rd, Map ID 34-034. Record CC-24-4
Application Overview:
The application proposes drilling of a drinking water well within riverfront, adjacent to an
existing driveway. No additional alteration or vegetation removal is proposed.
Consistency with the WPA and Northampton Wetlands Ordinance, Staff
Recommendations:
The work is within an area already disturbed with a driveway. The Commission should discuss
plans for site access construction staging and disposal of slurry to ensure that it will not be
disposed of in riverfront. Issue a negative determination by checking box 2, and add conditions
resulting from discussion regarding slurry management.
5:40 PM Notice of Intent for construction of 3 single family homes within buffer
zone. Nu-Way Homes, 39 Landy Ave, map ID 23C-001. DEP File Record CC-24-2
Application Overview:
The application proposes construction of three single family homes, garages and driveways within
buffer zone to a BVW located on an adjacent parcel. The Commission issued a negative
determination in 2022 for demolition of three structures within the 100-foot buffer and 35-foot
protected zone.
DEP Comments:
Per 310 CMR 10.53(1), where a Buffer Zone has already been developed, the
Issuing Authority may consider the extent of existing development in its review of
subsequent proposed work and, where prior development is extensive, may
consider measures such as the restoration of natural vegetation adjacent to a
Resource Area to protect the interest of M.G.L. c. 131, § 40.
Staff agrees. The plan has been updated to include plantings of native species within the 35-foot buffer area. This area should be established as a no-disturb area, but should include provisions for invasive species removal given the presence of invasives on the site.
April 25 2024 Staff Report 2
Consistency with the WPA and Northampton Wetlands Ordinance, Staff Recommendations:
The work is a buffer zone only project and does not have associated WPA performance standards
beyond the 310 CMR 10.53(1) provisions noted in DEP comments. The work is exempt from the
stormwater standards as detached single family dwellings on four or fewer lots. The area is located
within the Urban Residential B District, and all performance standards of the Ordinance that are over
and above state law are waived except for the Protected Zone setback requirements. A reduced setback
of 35 feet is permitted where ‘development includes mitigation measures that will improve the existing condition of the wetlands or adjacent upland.’
The applicant has proposed plantings at the rear of the property within the 35 foot buffer as a way to
meet this requirement. This could be established as a permanent no-disturb area, and additional
native trees and shrubs included. Additional buffer zone plantings between 35-100 feet could also be
considered. The Commission should discuss the existing condition of the no-disturb area to
determine whether there are existing degraded area that should be restored prior to plantings.
The Commission should also discuss the possibility of shfting development further from the resource
area within the buffer zone. A garage is proposed at the 35-foot buffer on each lot. Shifting the garages
towards the street would reduce new impervious areas within the buffer zone. If the Commission can
find that the standard has been met, issue an Order of Conditions with standard conditions. Include
any any additional conditions resulting from hearing discussion. Additional suggested conditions:
-permanent marking of the 35-foot no disturb area -detailed planting plan, including groundcover, within no-disturb area, to be submitted for review and
approval
-requirement for ongoing invasive species management. Plan to be submitted for review and approval
-assessment of plantings and invasives after 2 growing seasons. Requirement to replace
-existing erosion control must be removed and disposed of, and new erosion control provided