2024.09.12 Staff Report.pdf
September 12 2024 Staff Report
To: Conservation Commission From: Sarah LaValley
RE: Staff Report, September 12 2024 Commission Meeting
5:30 PM Request for Determination of Applicability to determine if septic
system replacement is subject to the Wetlands Protection Act or Northampton
Wetlands Ordinance. Angelo Vacchelli Estate. 412 Sylvester Rd, Map ID 28-002.
CC-24-18
Application Overview:
The application proposes construction of a septic system within buffer zone to BVW, in an area
that is mown lawn and garden. The current septic system is not known and may be a cess pit.
Confirmation of resource area boundaries is not requested.
Consistency with WPA and Northampton Wetlands Ordinance, Staff
Recommendation:
310 CMR 10.03 (3) specifies that a septic system constructed in accordance with Title V
requirements is presumed to protect the eight interests of the WPA as long as it is set back at
least 50 feet from BVW. This applies to discharge from the system only, and not to construction
impacts. Wetland flags were no longer present onsite at the time of a staff visit, but are shown
approximately to follow edge of lawn in the areas closest to the septic work, with which staff
agrees. The Commission should discuss construction sequencing and excavated soil placement,
and issue a negative determination by checking box 3.
5:45 PM Continuation - Notice of Intent for 12-unit cluster development, access
road, pedestrian paths and related stormwater. Sovereign Builders, 8 View Ave/ 56 Northern Ave. Map 25C, parcels 012, 017. Record CC-24-6
Application Overview:
The application proposes construction of 12 small single detached units and related stormwater
and site improvements. An existing house is proposed to be demolished. Work is limited to
work on just under 20% of the site; the remainder will continue to be undisturbed. The
applicant proposes to place a conservation restriction on just over half of the property as part of
the project. The site includes bank and land under water of a perennial stream that flows along
the rear of the site adjacent to the rail trail, and associated riverfront and BVW. No bordering
land subject to flooding, vernal pools, or other resource areas are present. Except for pedestrian
trail work, no resource area alteration is proposed, all work is confined to buffer areas, much of
which have been previously disturbed and degraded from prior residential uses and pas
dumping. Trail work will result in 338 square feet of BVW work and restoration of
approximately 151 square feet. The trail relocation also results in a disturbance of approximately
364 square feet of riverfront area and restoration of 241 square feet of riverfront area. Work will
result in removal of 19 Norway spruce trees within buffer zone; and planting of a variety of
native deciduous trees within buffer is proposed.
September 12 2024 Staff Report 2
DEP Comments, File 246-0785 - Staff responses in italic
[1] No mention is made of the perennial stream located on site. Based on aerial photos
including LIDAR, this reviewer suggests that the MAHWL will be delineated per 310 CMR
10.58(2)(a)2.b. In some river reaches, the mean annual high-water line is represented by
bankfull field indicators that occur above the first observable break in slope, or if no observable
break in slope exists, by other bankfull field indicators. These river reaches are characterized by
at least two of the following features: low gradient, meanders, oxbows, histosols, a low-flow
channel, or poorly-defined or nonexistent banks. This reviewer opines that at least 2 of these
factors are present. It is unknown if the location of the MAHWL and the 200 foot Riverfront
Area might impact the project.
[3] No information about the wetlands delineation appears to be included in the NOI
Supplemental information and plans since the original filing reviewed by DEP to include
riverfront delineation. On this site, banks are concurrent with the MAHWL in most locations.
Where Bankfull field indicators were not found, the MAHWL was located by changes in slope,
changes in vegetation, and stain lines
[2] The narrative mentions that currently the informal trail connections between North
Street and the bike path goes in part through BVW. Instead of retaining those pedestrian
connections through BVW that is mentioned, possibly it should be considered how to discourage
the use of the connections through that BVW.
A Pedestrian connection to the rail trail is included in the application, which proposes to
reroute the existing trail entirely onto the subject property. This relocation results in
approximately 338 square feet of new wetland disturbance and restoration of approximately
151 square feet of existing trail currently within BVW. The trail relocation also results in a
disturbance of approximately 364 square feet of riverfront area and restoration of
approximately 241 square feet of riverfront area. This work is the only resource area
alteration proposed as part of the overall project.
[4] Has file number 246-0631 been issued a COC?
This file number was issued in 2009 for a development that did not occur. The applicant
should request an ‘invalid’ certificate of compliance.
5} Per the WPA Stormwater Standards, the new impervious area is considered new development
and therefore requires full compliance with the stormwater standards.
Revisions to the stormwater drainage report since DEP’s review fully meet all standards
[6] An infiltration basin can only receive up to 80% TSS removal no matter how much pre-
treatment is proposed.
Noted. The 80% TSS removal standard is met.
[7] In order to comply with Stormwater Standard #8, the commission should review if there
is a need for construction period sediment basins, due to mostly HSG D soils as well as whether
or not the project needs to be phased such that the entirety of the buffer zone is not cleared of all
September 12 2024 Staff Report 3
vegetation at the same time. The commission needs to confirm there is at least 2 feet of
separation between the bottom of the basin to the seasonal high ground water.
Construction period basins will be addressed in SWPPP, address in conditions to require
SWPPP submittal
[8] MassDEP created the stormwater handbook in 2008 to assist all commissions in
understanding the stormwater management regulations. Volume 2 Chapter 2 of the Handbook
lists all approved BMPs including their design, construction, operations and maintenance. This
reviewer recommends that the applicant cut and paste from that handbook, into the stormwater
report, the section(s) dealing with each BMP and that the maintenance requirements shown in
the handbook be included in the stormwater report. As a reminder, a log book must be kept and
made available for commission or MassDEP review upon request subsequent to the COC being
issued. This item should be discussed at the hearing as this requirement is frequently not met by
an owner.
Noted, address in O&M condition
Consistency with WPA and Northampton Wetlands Ordinance
The majority of the work is a buffer zone only project and as such, does not have associated WPA
performance standards. The only resource area work proposed is 338 square feet of new wetland
disturbance and restoration of approximately 151 square feet of existing trail currently within
BVW. The trail relocation also results in a disturbance of approximately 364 square feet of
riverfront area and restoration of approximately 241 square feet of riverfront area. This work qualifies within riverfront as a minor project under 310 CMR 10.02(2)(b)(1)a, and within BVW
can be allowed under 310 CMR 10.55 (4)(c) as a <500 sf in area alteration.
The project is subject to the DEP stormwater standards. A stormwater permit from the
Northampton DPW, which applies standards equal to or exceeding the MA stormwater
standards, has been issued. Recent plan revisions have resulted in elimination of recharge from
one of the infiltration basins that was not resolved at the time of this report. The Commission
should discuss compliance with this standard and clarify recharge calculations and LC-501 with
the applicant.
The Ordinance creates Performance Standards stricter than C131 and its 310CMR regulations,
and establishes a Protected Zone adjacent to resource areas. In the URB zone, the Protected
Zone is 35 feet, where development includes mitigation measures that will improve the existing
condition of the wetlands or adjacent upland. The applicant proposes to meet this standard by
native and climate-resilient tree plantings to add to plant diversity and create wildlife values in
the buffer zone. Much of the 0-35 foot Protected Zone area also qualifies are previously
degraded or developed.
Though no such work is proposed, and no further reduction is requested by the applicant,
Protected Zone may further be reduced to 10 feet “at the discretion of the Conservation
Commission if the applicant provides extraordinary mitigation, replication, restoration or open
space preservation measures.” the applicant proposes to permanently protect more than half of
the site through a permanent conservation restriction to be held by the City so the Commission
may find that this standard is met. The Commission should also note that much of the area
outside the 35-foot Protected Zone is already degraded or developed. Work related to walking
September 12 2024 Staff Report 4
and multiuse trails designed for nonmotorized use are a separate exception under the
Ordinance.
Staff Recommendation:
The project does not propose any resource area disturbance aside from that related to
pedestrian trail work. It will result in the permanent protection of more than half of the site,
and a permanent no-disturb area for all areas within the 35-foot protected zone. The
drainage report demonstrates full compliance with the 10 stormwater management
standards; standards that would not need to be met for a development of the same area or
larger in the same location if it were made up of four single family homes. If questions
regarding calculations of the recharge stormwater standard have been addressed, an Order of
Conditions can be issued.
Suggested conditions:
Stamped revised full planset, including detail sheets, submitted prior to preconstruction
meeting
Submittal and approval of SWPPP
Subject to required local approvals, the applicant shall donate a permanent Conservation
Restriction on that portion of land shown as ‘Proposed Conservation Restriction’ on
plansheet CR-01. Prior to the preconstruction meeting, the applicant shall execute a
purchase and sale agreement for the donation. The applicant shall work with the City to
submit a restriction for state approval and endorsement.
Assessment of plantings following two growing seasons to be submitted concurrent with
request for certificate of compliance. Any plants dead or diseased to be replaced at that time.
Permanent markers installed at 35-foot Protected Zone
Stormwater permit amendment to be obtained prior to preconstruction meeting
Include all conditions specified in DPW stormater permit
Consider invasive species removal within resource areas; numerous invasives are present