2024.03.28 Staff Report.pdf
March 28 2024 Staff Report
To: Conservation Commission From: Sarah LaValley
RE: Staff Report, March 28 2024 Commission Meeting
5:30 PM Notice of Intent for sidewalk construction within riverfront (Mill River)
and buffer zone. MassDOT. Route 10/Easthampton Rd right-of-way at Earle Street
Application Overview:
The application proposes reconstruction of the Easthampton Road / Earle Street intersection. In
addition to a mill and overlay of the roadway, this will include expanded pedestrian and bicycle
facilities that will expand the roadway footprint. Roadway right-of-way limits and slope do not allow
for a sidewalk on the southern lane, but a new sidewalk will be added within riverfront along the
northern travel lanes. Crosswalks will also be marked and curbing added. Stormwater peak flows
will increase slightly, and no new treatment methods are proposed.
The NOI has been corrected to indicate that there is only 177 sf of resource area impacts to the
project; the original application accounted for total work area within the existing already-paved road.
DEP Comments (applicant responses in italic):
This cannot be a buffer zone only project if it also has Riverfront Area alter. However, it appears most if not all the work in the existing paved area and
sidewalk area that existed in 1996 are exempt from the Riverfront Area standards and should not be included in RFA alterations. Only that work that is not exempt,
per 310 CMR 10.58(6) (a) and/or 310 CMR 10.02(2}(b)2.n.,o., and p., should be included in RFA alteration and that work must comply to the maximum extent
practicable with the performance standards if the limited project noted is accepted by the commission.
TEC: Section B in the WPA Form 3 has been updated to reflect the Inland Resource Area
impacts calculated as requested. Revised impacts to the RFA are as follows: 386 square
feet of new impervious sidewalk and 209 square feet of removed impervious roadway,
resulting in a net 177 square feet of RFA alterations.
Limited projects must comply with the performance standards to the maximum extent practicable. The work in the Riverfront was submitted as a new
development, not as a redevelopment. The work cannot meet the Performance Standard of 310 CMR 10.58(4)(d)1 .a. and therefore the commission may require
the work to be submitted under 310 CMR 10.58(5), where the performance standards are possible to be met. The applicant must still attempt to fully comply
with those standards and it could be done under redevelopment. The primary
March 14 2024 Staff Report 2
requirement is that there must be an improvement over existing conditions, as noted at 310 CMR 10.58(5)(a) and no improvement is proposed.
Upon review of the documents, TEC believes this project was correctly submitted as a
redevelopment project.
Page 5 of the TRC report incorrectly notes the vertical datum of the flood maps is based on NAVD88. In Northampton, the NGVD29 datum is used. Please correct
this.
This has been corrected. A revised wetland report has been attached to reflect the
flood plain elevation references the NGVD29 datum.
As noted for Stormwater Standard #7, the regulations state "A redevelopment project shall also comply with all other requirements of the Stormwater
Management Standards and improve existing conditions." It does not appear that any improvement to the stormwater system is proposed. For example, does every
catch basin have a 4 foot sump? Is there room for any of the BMP's noted in the Stormwater Handbook to be used here for this project?
The existing catch basins are hooded with deep sumps and due to site and
topographic constraints, no further improvement can be made to the existing stormwater management system. The installation of additional BMPs are not feasible without a take.
The commission shall wait to close the public hearing until NHESP has issued its determination, as required by 310 CMR 10.59.
The determination issued on February 28, 2024 found that the project will not
adversely affect the actual Resource Area Habitat of state-protected species, nor will the project result in a prohibited Take of state-listed rare species
Consistency with the WPA and Northampton Wetlands Ordinance, Staff Recommendations:
The work qualifies as a limited project, as detailed on page 6 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. As noted in the responses to DEP’s
comments, the work will not include any stormwater improvements or other mitigation; the
applicant has indicated that this would not be possible within the existing layout. The
Commission should discuss whether any other improvements (plantings, filter strips, etc)
could be added to the project within the roadway limits. An Order of Conditions with standard
conditions can be issued, along with any additional conditions resulting from discussion.