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2013.05.09 ConCom Agenda and Staff Report Northampton Conservation Commission Agenda 5:00 PM, Thursday May 9, 2013 City Hall Hearing Room 2 floor, 210 Main Street, Northampton nd General Public Comment Approval of Minutes April 25, 2013 5:00 PM - Continuation: 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. 5:20 PM Request for Determination of Applicability to determine if construction of a fence within buffer zone is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. MA Division of Capital Asset Mgmt, Hampshire County House of Corrections. Parcel 37-76, 205 Rocky Hill Road Agricultural License Process for Open Space Discuss Possible Wetlands Ordinance Amendment, C337 -4: Create exception for ‘activities that are temporary in nature, have negligible impacts, and are necessary for planning and design purposes’ 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: WF RE: Staff Report, May 9 Commission Meeting Date: May 6, 2013 5:00 PM - Continuation: 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.” Additionally, “10 feet from wetlands may be allowed at the discretion of the Conservation Commission if applicant provides extraordinary mitigation, replication, restoration or open space preservation measures.” At the April 25 meeting, the Commission suggested that the applicant propose a plan to allow the project a reduced setback to potentially allow existing yard disturbance within the buffer zone to continue. Revised plans propose moving the house away from the wetlands and closer to the front and side lot lines, removal of Japanese Knotweed, planting of native species on both parcels at distances from wetlands ranging from twenty to forty feet, and removal of all debris from the wetlands and marked buffer area. Staff Recommendations: The revised mitigation plan, by improving current condition of the wetlands and establishing a no-disturb area that exceeds that required by the Wetlands Ordinance, meets the criteria of extraordinary mitigation. The 18’ front setback distance proposed exceeds the minimum 20’ setback distance currently allowed by zoning, but a zoning amendment is pending. 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. A final plan will be needed. Additional suggested conditions are: 33) Prior to work on the project, a final site plan including house location and mitigation areas must be provided 34) Prior to work on the project, a detailed invasives removal and follow-plan must be approved by the Commission 35) A row of native plantings shall be installed at the wetland buffer line as shown on project plans to serve as a permanent marking. 36) A request for certificate of compliance must include documentation of compliance with the invasives removal plan, and success of native plantings. Conservation Commission Staff Report 1 May 9, 2013 35) (ongoing) Alteration, including vegetation removal within the wetland and marked buffer area as shown on project plans, is prohibited. 5:20 PM Request for Determination of Applicability to determine if construction of a fence within buffer zone is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. MA Division of Capital Asset Mgmt, Hampshire County House of Corrections. Parcel 37-76, 205 Rocky Hill Road Application Overview: The application proposes installation of a 16-foot permiter security fence, relocation of a fire hydrant, replacement of a catchbasin with a water quality structure, and replacement of a within buffer zone and riverfront area. The fence will involve excavation to nine feet below grade for footings, and four feet below for underground mesh. The existing fence will remain in place The catchbasin outlet is not proposed to be altered. Erosion control is proposed at limits of work, which come as close as 12 feet to the BVW boundary. Consistency with the WPA and Northampton Wetlands Ordinance: The fence and related work is proposed entirely within areas that are either existing pavement or lawn. No increase of impervious area or destruction of vegetation is proposed, so the work does not appear to meet the definition of an ‘alteration.’ While the stream upgradient of Rocky Hill Pond adjacent to the project site is shown on USGS maps as intermittent, it is presented as perennial in the application. (a watershed size of at least one-half (0.50) square mile and a predicted flow rate greater than or equal to 0.01 cubic feet per second) The stream just barely meets these requirements, and should be confirmed as perennial. Staff Recommendations: A negative determination can be issued by checking box 2 to indicate that the work is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Additionally, wetland boundaries can be confirmed by checking box 2a. Standard conditions can be added. Conservation Commission Staff Report 2 May 9, 2013