2013.06.27 ConCom Agenda and Staff Report
Northampton Conservation Commission
Agenda
5:00 PM, Thursday June 27 , 2013
City Hall Hearing Room 2 floor, 210 Main Street, Northampton
nd
General Public Comment
Approval of Minutes
May 23 , 2013
June 13, 2013
5:00 PM Amended Notice of Intent, Northampto n DPW: Request to amend generic Order of
Conditions for maintenance work throughout the City to include use of herbicide on rip - rap
portions of the Mill and Connecticut River flood control structures. DEP File 246 - 611
5:20 PM Request for Determination o f Applicability by MassDOT to determine if pavement
milling, resurfacing, rebuilding drainage structures and installing guardrail on Route 10 is
subject to the Wetlands Protection Act.
Affected section: Milemarker 24.68 (near Richards Oil & Heating) NB t o milemarker 25.0 (near
Racing Mart).
5:30 PM Request for Determination of Applicability by MassDOT to determine if resurfacing
and bridge preservation on I - 91 NB and SB is subject to the Wetlands Protection Act.
Affected section: Milemarker 21.3 (Nor thampton/Easthampton line) NB to milemarker 27.0.
Discuss Proposed Tent, Three - County Fairgrounds. DEP File 246 - 0635
Request for Certificate of Compliance, 145 Vernon Street, Parcel ID 30B - 120. DEP File 246 -
0637
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: CM
RE: Staff Report , June 27 Commission Meeting
Date: June 21 , 201 3
5:00 PM Amended Notice of Intent, Northampton DPW: Request to amend generic Order
of Conditions for maintenance work throughout the City to include use of herbicide on rip -
rap portions of the Mill and Connecticut River flood control structures. DEP File 246 - 611
Application Overview:
The Department of Public Works has a generic order of conditions t hat allows for some maintenance and
related work to roadways, the landfill, flood control structures, stormwater and sewer systems without the
requirement for additional individual permits. This amendment request seeks to allow application of
herbicides o n the flood control structures .
Consistency with the WPA and Northampton Wetlands Ordinance :
The flood control structures are within rive rfront areas and buffer zones, and removal of vegetation is an
alteration under the WPA and Ordinance. However, remo val of vegetation is required to ensure that the
structures remain operational, and is already allowed under the existing Order.
Staff Recommendations:
Under the existing Order, t he flood control structures are currently allowed to be kept free of vegetat ion .
The only change requested is to allow this work to be done with herbicides . Herbicide use is also allowed
in other areas of the City. Staff recommends issuing an amendment to the Order to allow this work.
5:20 PM Request for Determination of App licability by MassDOT to determine if pavement
milling, resurfacing, rebuilding drainage structures and installing guardrail on Route 10 is
subject to the Wetlands Protection Act.
Affected section: Milemarker 24.68 (near Richards Oil & Heating) NB to mil emarker 25.0
(near Racing Mart).
Application Overview:
The application proposes pavement milling and resurfacing, rebuilding drainage structures, replacing
curbs, installing guardrails, recessed pavement markers and reconstructing driveway aprons. Work is
located within buffer zone.
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
prio rity/estimated habitat, but the work is likely exempt from NHESP review.
As it is limited to existing disturbed areas, the project as proposed should not create any alterations to
resource areas.
Staff Recommendations:
A negative determination can be is sued by checking box 3 to indicate that work is within buffer zones, but
does not constitute an alteration. Conditions requiring erosion control where work is within buffer zones,
and notification prior to the start of work and when work is complete shou ld be added.
Conservation Commission Staff Report 1
June 13, 2013
5:30 PM Request for Determination of Applicability by MassDOT to determine if
resurfacing and bridge preservation on I - 91 NB and SB is subject to the Wetlands
Protection Act.
Affected section: Milemarker 21.3 (Northampton/Easthampton line) NB to milemarker
27.0.
Application Overview:
The application proposes rebuilding drainage structures, replacing guardrail, replacing berm, and tree
clearing and removal . Bridge work includes resurfacing, repairs to decking, and excavation and
replaceme nt of joints. Work is located within riverfront and buffer zone to BVW and bank.
Consistency with the WPA :
MassDOT is exempt from local ordinance provisions. Additionally, the work is also exempt from
riverfront area provisions, as maintenance of exis ting roadways. Portions of the project include
priority/estimated habitat, but the work is likely exempt from NHESP review.
The majority of the work is limited to existing disturbed areas, and should not create any alterations to
resource areas.
Staff Recommendations:
It appears that the majority of work will take place within existing roadway limits, and should not create
any new alterations. Project plans do not include work to bridges, and the Commisison should discuss
work in these areas with the a pplicant to ensure that alterations will not take place. Otherwise,a A
negative determination can be issued by checking box 2 to indicate that work is within jurisdictional
resource areas, but will not constitute an alteration. Conditions requiring eros io n control as needed,
notification prior to the start of work and when work is complete , and requirements for removal and
proper disposal of all invasive species removed should be added.
Request for Certificate of Compliance, 145 Vernon Street, Parcel ID 30B - 120. DEP File
246 - 0637
An Order was issued for construction of an addition to a single family home within riverfront (Mill River)
in 2010. In addition to standard conditions, the Order also required that rainbarrels be installed, a no -
disturb area b e created, that invasive species be documented, and then reduced by at least 75%, and that
eighteen native trees within the RFA be planted. A n as - built plan was not required.
Staff visited the site on June 20 and confirmed that rainbarrels have been inst alled. The addition was
constructed as proposed, but a porch shown on plans was not constructed. Fourteen successful saplings
were noted. While baseline documentation of invasive species was not conducted as required, staff and
the applicant’s consultan t both note that occurrence of invasives is significantly reduced from 2010.
If the applicant can demonstrate that all required plantings have been completed, a complete certificate
can be issued, with a continuing condition regarding the no - disturb area.
Conservation Commission Staff Report 2
June 27 , 2013