2024.05.09 Staff Report
May 9 2024 Staff Report
To: Conservation Commission
From: Sarah LaValley
RE: Staff Report, May 9 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. A 24x40 gravel pad for truck mounted drilling equipment is proposed
approximately 100’ from bank, within RFA. A slurry pit is proposed on the opposite side of the
driveway, farther from the resource area. The applicant proposes to install pumps in the slurry
pit that will run to the stormwater swale on the opposite side of drive to keep water from flowing
towards wetlands Following work, fines will be excavated, and the gravel removed from the pad.
Consistency with the WPA and Northampton Wetlands Ordinance, Staff
Recommendations:
The work is adjacent to an area already disturbed with a driveway. The Commission should
discuss remediation plans, and require additional shrub plantings in addition to seeding. If the
Commisison agrees that the work proposed will not alter the riverfront, issue a negative
determination by checking box 2, and add a condition requiring adherence to the sequencing
included on the plan.
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. A revised plan was submitted that pulls garages farther from the resource area,
reduces impervious areas, and includes raingardens.
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
May 9 2024 Staff Report
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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 application has not quantified pre-demolition alteration within buffer to
proposed conditions. The plan includes 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.
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.
The Commission should discuss the ‘raingardens’ proposed within the Protected Zone, there are no
details or operation and maintenance provided. Additional buffer zone plantings between 35-100 feet
could also be considered; there are no plantings proposed beyond the 35 foot zone. Revised plans
have pulled garages back slightly from the no-disturb area. 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. Expected sump pump discharges, proposed to outlet to the rear
of the site, have not been quantified.
If the Commission can find that the standard has been met, issue an Order of Conditions with standard
conditions. Include any additional conditions resulting from hearing discussion. Additional suggested
conditions:
-permanent marking of the 35-foot no disturb area. No alteration allowed in this area except native
planting and invasive species removal
-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 any plantings
not surviving
-no application of commercial fertilizers or pesticides within buffer zone
-details and maintenance plan (if any) for the raingarden areas
-existing erosion control must be removed and disposed of, and new erosion control provided
6:00 PM Request for Determination of Applicability to determine if grading related
to pickleball court construction is subject to the Wetlands Protection Act or
Northampton Wetlands Ordinance. Northampton Recreation Department. 50 Burts
Pit Rd/Ellerbrook Field, Map ID 38A-030. Record CC-24-7
May 9 2024 Staff Report
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Application Overview, consistency with the WPA and Northampton Wetlands
Ordinance, Staff Recommendations:
The application proposes conversion of an existing gravel parking lot (outside resource areas and
buffer zones) to pickleball courts. An area that is currently maintained lawn within buffer zone is
proposed to be regraded. Portions of an existing stormwater system will be reconfigured,
disconnecting some catchbasins and creating swales. Though this work is located outside resouece
areas and buffer zones, and is not subject to review, it could have a benefit to existing point source
discharges, as existing conditions sheetflow to catchbasins by preventing mobilized gravel, sediment,
and petroleum from being discharged to resource areas. If the Commission agrees that the grading
will not alter the resource area, issue a negative determination by checking box 3.
6:15 PM Notice of Intent for walkway, deck and landscaping within riverfront area
(Mill River), land subject to flooding, and buffer zone. Reyn Whitman, 60 Federal
St, Map ID 30B-93. Record CC-24-5 The applicant has requested a continuation until June
13 at 5:30 PM
Request for Certificate of Compliance – 17 Spring Street, DEP File 246-500
The Commission issued an Order in 2002 for construction of the Elks Lodge within BLSF and
riverfront. The Order required plantings and invasives removal, stormwater system installation
and ongoing maintenance.
Violations on the site (storage containers within riverfront and floodplain) have been addressed,
and the applicant has provided documentation that the work was completed according to plans,
including photos and an engineer’s certification. Additional ongoing invasives removal is planned
to ensure that ongoing conditions are met. Staff recommends issuance of a certificate of
compliance, with the ongoing conditions noted in the Order.
On left, CB to be disconnected.
Parking lot shown is outside buffer, to
be converted to pickleball courts.
On right, grass area proposed to be
regraded