2013.04.25 ConCom Agenda and Staff Report
Northampton Conservation Commission
Agenda
5:00 PM, Thursday April 25, 2013
City Hall Hearing Room 2 floor, 210 Main Street, Northampton
nd
General Public Comment
Approval of Minutes
April 11, 2013
5:00 PM Notice of Intent for construction of a dewatering culvert system to carry Mill River flows.
Work to take place in bank, land underwater, riverfront area, and land subject to flooding. Smith
College. Paradise Pond & Athletic Fields, Parcels 31C-15 and 31D-20.
5:30 PM Notice of Intent for construction of a single family home in buffer zone to bordering
vegetated wetlands and bank. Ezra Parzybock. 46 Norwood Avenue, Parcel 30B-125.
Scrivener's Error - Clarify Certificate of Compliance for DEP File 246-588, Norwottuck Rail Trail,
Florence Street to Williamsburg Town Line
Review of Mail
Review of Staff-Issued Permits
All other business not foreseen when agenda was published
Adjourn
To: Conservation Commission
From: Sarah LaValley
Reviewed and Approved by OPD:
RE: Staff Report, April 25 Commission Meeting
Date: April 22, 2013
5:00 PM Notice of Intent for construction of a dewatering culvert system to carry Mill
River flows. Work to take place in bank, land underwater, riverfront area, and land
subject to flooding. Smith College. Paradise Pond & Athletic Fields, Parcels 31C-15 and
31D-20.
Application Overview:
The applicant proposes to construct a 60” Mill River bypass pipe under the Smith College Athletic fields,
to facilitate future dredging operations.
Staff Recommendations:
DEP and the Army Corps of Engineers have questions about what state and federal permits and reviews
are required for this project. The Natural Heritage and Endangered Species Program will also be
providing comments that must be included in an Order of Conditions, and could potentially result in
design changes. Additionally, the applicant has indicated that an Expanded Environmental Notification
Form (EENF) pursuant to the Massachusetts Environmental Policy Act (MEPA) is being prepared. While
the construction project as a stand-alone does not hit thresholds for MEPA review, the project in
conjunction with dredging will. Since the pipe construction will be included in the filing, review of the
EENF and any resulting comments would be helpful during the wetlands review process. Staff
recommends continuing the hearing, with no discussion, until June 13 to allow the applicant to work with
other permitting authorities to resolve any questions, and to allow review of the MEPA filing. This will
require the applicant’s waiver of the timeframe in which a hearing must be held.
If any discussion is held, only those Commission members present at all hearings may participate in
subsequent hearings and votes.
5:30 PM Notice of Intent for construction of a single family home in buffer zone to
bordering vegetated wetlands and bank. Ezra Parzybock. 46 Norwood Avenue, Parcel 30B-
125.
Application Overview:
The applicant proposes to construct a single family home within the buffer zone to BVW and bank.
Consistency with the WPA:
Buffer zone only project. DEP had no comments.
Consistency with the Northampton Wetlands Ordinance:
The project is located in the URB zone, so all “performance standards that are over and above state law
‐
with the exception of the setback requirements in the Protected Zone Table (1), and the requirements in
§ 33710E(2)(b).” are waived.
The Ordinance allows for a reduced Protected Zone of 35 feet, “where development includes mitigation
measures that will improve the existing condition of the wetlands or adjacent upland.”
The addition is proposed 35 feet from wetlands, as shown on project plans, (Delineation forms were
provided to supplement the application) which would require a limit of work at the 30-foot mark. The
applicant has indicated that the house location will be moved farther away from the wetlands to eliminate
Conservation Commission Staff Report 1
April 25, 2013
work within the Protected Zone. Mitigation proposed includes removal of Japanese Knotweed, and
discontinuance of mowing within the wetlands.
Staff Recommendations:
The proposed project is located on an area that is currently lawn. In conjunction with mitigation, the
wetlands and buffer are could be improved as long as additional wetlands encroachment does not occur.
The knotweed removal proposed has already begun, by covering the area with tarps, which does not
appear to be successful, and also . Staff observed knotweed coming through and around the tarps, and a
more detailed invasives removal and follow-up is needed. Discontinuance of mowing in the wetland will
be an improvement over existing conditions, and there is also additional material in the wetland and
buffer that could be removed. The Commission should also consider whether permanent marking of the
35-foot No Disturb area is appropriate.
Staff recommends issuing an Order of Conditions, with standard conditions 1-33, with no requirement for
an as-built plan. The Order should reference both parcels, so that it is recorded in the title chain for each.
Additional suggested conditions are:
33) a detailed invasives removal and follow-plan must be approved by the Commission prior to work on
the project
35) (ongoing) Alteration, including vegetation removal within the wetland is prohibited
Scrivener's Error - Clarify Certificate of Compliance for DEP File 246-588, Norwottuck Rail
Trail, Florence Street to Williamsburg Town Line
The Conservation Commission issued an Order of Conditions in 2006 (subsequently extended) for
constriction of the Rail Trail from Florence Street to Williamsburg. The Planning Department requested a
certificate of compliance for the completed portions of the trail in 2010, and the minutes reflect a vote for
the trail from Grove Avenue south.
The resulting Certificate of Compliance indicated ‘complete certification,’ but should have been a ‘partial’
certificate, since the project as proposed was not complete, and a complete certification was not
requested. The Commission should record a scriveners error to indicate that the work is not complete.
The Order is valid through January 2014.
Conservation Commission Staff Report 2
April 25, 2013