2013.06.13 ConCom Agenda and Staff Report
Northampton Conservation Commission
Agenda
5:00 PM, Thursday June 13 , 2013
City Hall Hearing Room 2 floor, 210 Main Street, Northampton
nd
General Public Comment
Approval of Minutes
May 23 , 2013
5:00 PM Request for Determination of Applicability by Mass DOT to determine if resurfacing
and related work to Route 9 is subject to the Wetlands Protection Act.
Affected sections: 1
) Florence Rd to Bernache St.
2) Beginning at East Center Street, extending 500 feet eastbound
3) Beginning at Leonard Street, e xtending 800 feet eastbound
4) Williamsburg town line, extending 610 feet eastbound 5) Work to westbound shoulder:
Florence Rd, extending 390 ft eastbound
5:20 PM Request for Determination of Applicability to determine if driveway construction is
subject to the Wetlands Protection Act or Northampton Wetlands Ordinance, and whether
resource area boundaries are accurately delineated. Scott Keiter, Sylvester Road, Parcel 21 - 004.
Review of Mail
Review of Staff - Issued Permits
All other business not fores een when agenda was published
Adjourn
To: Conservation Commission
From: Sarah LaValley
Reviewed and Approved by OPD: WF
RE: Staff Report , J une 13 Commission Meeting
Date: June 11 , 201 3
5:00 PM Request for Determination of Applicability by MassDOT to determine if
resurfacing and related work to Route 9 is subject to the Wetlands Protection Act.
Affected sections:
1) Florence Rd to Bernache St.
2) Beginning at East Center Street, extending 500 feet eastbound
3) Beginning at Leonard Street, extending 800 feet eastbound
4) Williamsbur g town line, extending 610 feet eastbound
5) Work to westbound shoulder: Florence Rd, extending 390 ft eastbound
Application Overview:
The application proposes milling and resurfacing of Route 9, as well as full depth reclamation of the
westbound shoulder , 390 feet westbound of Florence Street. In this location , work will extend four feet
from the white line, including installation of pavement millings . There do not appear to resource areas
within jurisdictional distances of this portion of the project.
Consistency with the WPA :
MassDOT is exempt from local ordinance provisions . Additionally, the work is also exempt from
riverfront area provisions, as maintenance of existing roadways. Portions of the project include
priority/estimated habitat, but th e work is likely exempt from NHESP review.
As it is limited to existing disturbed areas, t he project as proposed should not create any alterations to
resource areas.
Staff Recommendations:
A negative determination can be issued by checking box 2 to indi cate that work is within resource areas ,
but does not constitute an alteration. Conditions requiring erosion control where work is within RFA and
buffer zones, and notification prior to the start of work and when work is complete should be added.
5:20 PM Request for Determination of Applicability to determine if driveway construction
is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance, and
whether resource area boundaries are accurately delineated. Scott Keiter, Sylvester Road,
Pa rcel 21 - 004
Application Overview:
The application proposes construction of driveway, septic system and single - family home on a lot that is
currently wooded. A portion of the driveway is proposed within the buffer zone to bank of an intermittent
stream. A stormwater permit from the Northampton DPW is required, but stormwater review under the
WPA is not.
Consistency with the WPA and Northampton Wetlands Ordinance :
At its closest point, the limit of work is approximately 80 feet from bank.
Chapter 337 - 10 E(1) requires that “ Certain areas 50 feet to 100 feet from wetlands may be suitable for
temporary, limited or permanent disturbance as appropriate when the applicant can demonstrate to the
Conservation Commission Staff Report 1
June 13, 2013
Commission's satisfaction that the proposed work, activity or use w ill not affect wetland values singularly
or cumulatively and, by means of a written and plan view assessment, that reasonable alternatives to the
proposed work or activity do not exist. ”
The majority of work proposed is outside the buffer zone, and at its nearest point, Sylvester Road is
between the project site and the resource area, so an alteration seems very unlikely. The Commission can
discuss why the driveway is not feasible from another location with the applicant if there are concerns
about this p erformance standard.
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The Ordinance allow s “ the alteration of up to 20% of the area within the fifty foot to one hundred foot
buffer zone on a lot, or up to 2,000 square feet on a lot within a cluster subdivision. This is a total,
cumulative allowance for all projects on a lot developed since the City first adopted a wetlands protection
ordinance . The disturbance p roposed within buffer is a very small portion of the lot.
Staff Recommendations:
A negative determination can be issued by checking box 3 to indicate that the work is within the buffer
zone , but will not remove, fill, dredge, or alter an area subject to p rotection . Standard conditions can be
added. Wetland boundaries should not be confirmed, staff were not able to access the stream on abutting
property to confirm exact delineation, but based on observations from the roadway it seems accurate . In
addition, there is a pond with associated wetlands on the project site that is not shown on project plans ,
however it is 600+ feet from the limit of work.
Conservation Commission Staff Report 2
June 13, 2013