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2024.06.13 Staff Report.pdf June 13 2024 Staff Report To: Conservation Commission From: Sarah LaValley RE: Staff Report, June 13 2024 Commission Meeting 5:30 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 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 50-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 submitted revised plans that remove all construction and impervious areas from the 0-50-foot buffer area. This fully complies with the Protected Zone standard, and the reduced Protected Zone standard does not apply. The applicant has proposed plantings at the rear of the property within the 50 foot buffer. This should be established as a permanent no-disturb area. Sump pump discharges are proposed within lawn areas outside the 50-foot zone; to discharge groundwater from . Expected sump pump discharges are not quantified, and Basement elevations are not provided, The lots are proposed to have full basements. High flows could create channelization June 13 2024 Staff Report 2 and result in alteration to the Protected Zone and potentially the BVW. Eliminating the basements would raise the level of the houses and reduce the quantity of water pumped to the adjacent wetland. The work is a buffer zone only project; the Commission can issue an Order if it finds that the adjacent BVW is not being altered and can 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 - buildings shall not have full basements and shall be slab on grade or similar construction -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 5:30 PM, Continuation. Notice of Intent for construction of 9 solar panel canopies within riverfront (Mill River), buffer zone, and bordering land subject to flooding. Parallel Products Solar Energy. 182 Mt Tom Rd, Map ID 39-1 The application has requested a continuation. Continue to the August Commission meeting 6:00 PM, Continuation. 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 Application Overview: The application proposes creation of a stone walkway, stone wall and fence in the front yard, expansion of an above-grade deck, raingarden, and plantings along the side and rear yards. Work will result in 375 sf of increased impervious area within riverfront The work occurs within riverfront area to the Mill River and Broughtons Brook, Mill River Bank, and land subject to flooding. The Commission issued Commission issued an Order in 2017 for conversion of a barn on the property to studio space, and in 2021 for reconstruction of a single story to a two-story house within the same footprint, with some modifications. The Commission required that the studio not be utilized as living space to reduce further alteration within the riverfront area. DEP Comments: Staff responses in italic [1] The commission needs to wait to close the public hearing until NHESP has issued its determination. NHESP has issued a no-take determination; with no conditions required. [2] The invasive plant removal is more suited to be reviewed as an Ecological Restoration Limited Project or, since there was degraded area here in 1996, as a Riverfront Redevelopment June 13 2024 Staff Report 3 project under 310 CMR 10.58(5). The invasive species removal can be determined to be the required improvement over existing conditions, 310 CMR 10.58(5)(a). It is not clear if any mitigation is required. [3] Which vertical datum is being used on the plan is not noted. Northampton FEMA maps are based on NGVD29. Please include the FIRM and the Flood Profile Data from the Flood Insurance Study to justify the flood plain elevation. This does not appear to have been addressed; the Commission should discuss this with the applicant. [4] Please note the MAHWL of the Mill River and the perennial river on the east side of the property were not delineated. The entirety of the property is in Riverfront. The commission may consider issuing a finding of fact that it is not approving BLSF elevation or the MAHWL if those boundaries are not significant to understanding compliance. As the entirety of the site is within riverfront associated with two perennial streams, staff advised that a full delineation of the Broughton’s Brook high water was not critical, and the approximation of top of bank was used. Staff recommends adding the finding suggested in an Order is issued. [5] It does not appear that the rain garden can act as compensatory storage. In order to be available as compensatory storage, there must be a free flow of water, an unrestricted connection, and rain gardens have a lip so that there is a restriction. Cut and fill volumes should be at the same incremental elevation as well. This has not been addressed in revised and supplemental materials; the Commission should discuss this with the applicant. The BLSF standards is not met, and work altering land subject to flooding cannot be allowed if it cannot be demonstrated to be met. Consistency with the WPA and Northampton Wetlands Ordinance, Staff Recommendations: Work is proposed as a riverfront redevelopment project (310 CMR 10.58 (5)). These projects allow Commissions to allow work that redevelops a previously developed area, provided the work improves existing conditions. The applicant indicates that the area qualifies as a developed area due to existing structures and lack of topsoil. The Commission must be able to find 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” of the Wetlands Protection Act. Since several of the redevelopment standards cannot be met, the application proposes to restore on-site degraded riverfront area. The Commission must be able to find that the restoration includes: 1. removal of all debris, but retaining any trees or other mature vegetation; 2. grading to a topography which reduces runoff and increases infiltration; 3. coverage by topsoil at a depth consistent with natural conditions at the site; and 4. seeding and planting with an erosion control seed mixture, followed by plantings of herbaceous and woody species appropriate to the site; The application does not include a detailed and ongoing O&M plan for the knotweed treatment area, raingarden and plantings; this should be required if and Order is issued. The Commission should also add a condition prohibiting further alteration within the restoration or mitigation area, except as may be required to maintain the area in its restored or mitigated condition. June 13 2024 Staff Report 4 Prior to requesting the issuance of the Certificate of Compliance, the applicant shall demonstrate the restoration or mitigation has been successfully completed for at least two growing seasons. 6:15 PM Request for Determination of Applicability to determine if removal of 4 trees within riverfront is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. National Grid. Turkey Hill Road right-of-way. Record CC-24-8 Application Overview: The application proposes removal of trees in the outer riverfront totaling 28” caliper that are indicated to obstruct overheard utilities. 5 2-2.5” caliper trees Consistency with the WPA and Northampton Wetlands Ordinance, Staff Recommendations: It is not clear from the application whether new utility poles are proposed to be installed; the Commission should discuss this, as well as the species and locations of replacement trees with the applicant. If the Commission can find that the work will take place within riverfront but will not create an alteration, a negative determination by checking box 2 can be issued, along with any conditions resulting from discussion. 6:25 PM: Notice of Intent for wetland replication related to driveway construction within bordering vegetated wetland and buffer zone. Jerome and Susan Camposeo, Coles Meadow Rd, Map ID 08-70. Record CC-24-3 Application Overview: An Order of Conditions was issued in 2019 and subsequently amended, for construction of a driveway to access a future single-family home. Work included alteration of 4,406 square feet of BVW, 5,028 square feet of 0-50 foot buffer and 2,496 square feet of 50-100 foot buffer. 4,406 square feet of wetlands replication was included as mitigation. The Order followed issuance of a settlement agreement for the work, following an original denial. The original Order expired, and the driveway turnout and wetland replacement area were not established. This application seeks to complete those provisions, in accordance with the settlement agreement and resulting Order. DEP Comments: Staff responses in italic [1] Since the original Order has expired, then the wetland boundary is no longer legally binding on any future work. The commission should ensure the wetland flags are still in place and should review the wetland line as to still being correct. Noted. Staff can discuss the boundary of the replication area at the site visit, and the replication limit of work can be adjusted if necessary. The area was disturbed as part of the previously permitted work. [2] It appears that the wetland data sheets are from 2019 and they also show Tsuga canadensis as a FACU. Please note that Tsuga canadensis must be identified as a wetlands plant based upon Paragraph 9 of the Act, Chapter 131 section 40. The data sheet should describe if it June 13 2024 Staff Report 5 has upland or wetland characteristics. Many of the data sheets are incorrect, please look at specifically the W1-2 UPL and others. Noted, staff agrees. The Commission should include a finding that the boundaries outside the reduced work area are not confirmed [3] The parties should note the new DEP delineation manual is from 2022, as is the replication guidance manual. Noted. Staff requested, and the applicant completed, a reassessment of the replacement plan to follow the updated guidance. Consistency with the WPA and Northampton Wetlands Ordinance, Staff Recommendations: The application seeks to complete the mitigation portion of the project. Staff recommends issuing an Order, with all of the same conditions as the prior Order that address construction and reporting of the wetland replication area. (see attached)