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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. ‐ ‐ 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