2013.07.25 ConCom Agenda and Staff Report
Northampton Conservation Commission
Agenda
5:00 PM, Thursday July 2 5 , 2013
City Hall Hearing Room 2 floor, 210 Main Street, Northampton
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General Public Comment
5:00 PM - Request for Determination of Applicability to determine if septic system work with in
riverfront (Mill River) is subject to the Wetlands Protection Act or Northampton Wetlands
Ordinance, and whether resource area boundaries are accurately delineated. Yankee Hill
Machine, Pete Gazillo, 20 Ladd Ave, Florence, Parcel 30B - 083.
5:15 PM - Notice of Intent for relocation of a utility pole within vernal pool resource area.
National Grid. Utility right - of - way, Industrial Drive Rear, parcels 32A - 263 25A - 182, and 18D -
063.
Emergency Certification Requests :
Cardinal Way - Beaver Activity Bloc king Culvert
Fitzgerald Lake – Inlet Cleanout and Replacement Fence
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 , July 27 Commission Meeting
Date: July 23 , 201 3
5:00 PM - Request for Determination of Applicability to determine if septic system work
within ri verfront (Mill River) is subject to the Wetlands Protection Act or Northampton
Wetlands Ordinance, and whether resource area boundaries are accurately delineated.
Yankee Hill Machine, Pete Gazillo, 20 Ladd Ave, Florence, Parcel 30B - 083.
Application Over view:
The application proposes to remove two existing septic tanks, and replace with two new 2,000 gallon
tanks, and a new 480 - SF leach field. Work will take place within the 100 - 200 foot ri verfront area to the
Mill River. Stockpiling and equipment stora ge will ta ke place outside the riverfront, and erosion control
straw wattle will be used.
Consistency with the WPA and Northampton Wetlands Ordinance :
“ On - site sewage disposal systems in existence on August 7, 1996 and the repair or upgrade of existing
sy stems in compliance wi th 310 CMR 15.000” are exempt from riverfront area requirements by 310 CMR
10.58(6) . This work is not exempt from the Northampton Wetlands Ordinance. It does not appear that
any vegetation will be removed, but this should be verifi ed at the meeting.
Staff Recommendations:
As proposed, the project should not alter the riverfront area. A negative determination can be issued by
checking box 2 to indicate that work is within resource areas , but does not constitute an alteration. Box 5
should also be checked, to indicate that the area is subject to protection, but is subject to the above -
mentioned exemption, so a Notice of Intent is not required. Conditions requiring erosion control as
described in the application , and notification pr ior to the start of work and when work is complete should
be added.
The Commission may also want to discuss whether a Wetlands Ordinance amendment exempting repair
or upgrade of existing on - site sewage disposal systems within the riverfront might be approp riate.
5:15 PM - Notice of Intent for relocation of a utility pole within vernal pool resource area.
National Grid. Utility right - of - way, Industrial Drive Rear, parcels 32A - 263 25A - 182, and
18D - 063.
Application Overview:
The application proposes to replace a damaged electric distribution pole with a new pole approximately 3
feet away. The existing pole is located within the limits of a presumed vernal pool, and the new pole is
located towards the pool’s edge. The pole is proposed to be installed wi th a mounted auger to 8 - feet below
surface , and the existing pole sheared at ground - level and left onsite.
Consistency with the WPA:
The project is exempt, under 310CMR 10.02(2)
Consistency with the Northampton Wetlands Ordinance:
This work is proposed within a presumed Vernal Pool - The Vernal Pool Resource area within the
industrial zone i ncludes the pool, and areas within 100 feet. The performance standards compliance
Conservation Commission Staff Report 1
July 25 , 2013
noted in the application; for limited projects, does not apply in this case, as the Ordinance has a separate
set of standards for work within vernal pool resource areas. The applicant did not discuss vernal pool
standards.
Section 337 - 10 F states that
“ The City of Northampton Conservation Commission may issue an order of conditions f or the
construction, rehabilitation and maintenance of linear systems within the vernal pool
resource area, but not within the vernal pool… Evaluation of such projects shall be based on the
applicant's ability to avoid, minimize, and mitigate disturbance t o the resource area. With the exception
of existing linear systems, the applicant shall avoid disturbance in the resource area. The applicant must
prove to the Conservation Commission, beyond a reasonable doubt, that avoidance is not possible. If
avoidance is not possible, the applicant must provide documentation that any adverse impacts from the
work will be minimized and that the design specifications are commensurate with the projected use and
are compatible with the character of the vernal pool resource area. In the exercise of this discretion, the
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issuing authority shall consider the magnitude of the alteration and the significance of the project site to
the interests identified in § 337 1 of the City of Northampton Wetland s Ordinance, the availability of
reasonable alternatives to the proposed activity, the extent to which adverse impacts are minimized,
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and the extent to which mitigation measures, such as resource area replication, habitat restoration, and
open space preservation, are provided to contri bute to the protection of the interests identified in § 337 1
of the City of Northampton Wetlands Ordinance . ”
Avoidance: The application does not specifically state why the pole is being replaced, but at a site visit it
appeared to be in poor condition. Utility lines can be shifted only very small distances wit hout requiring
additional pole replacement, so it does not seem like complete avoidance is possible. The swamp mats
proposed to be used should minimize disturbance. Leaving the existing pole in place and shifting the new
pole towards the edge of the reso urce area will also meet this standard.
Mitigation measures are not proposed in the application. Staff recommends addressing these in
conditions.
The Commission should discuss any questions about these performance standards in relation to the
project wi th the application
Staff Recommendations:
Staff recommends issuing an Order of Conditions, with standard conditions 1 - 33, with no requirement for
an as - built plan. Additional suggested conditions are:
33) Erosion control as proposed in the application sh all not be used.
(The erosion control proposed will likely impact the resource area more than it will prevent erosion.)
34) Swamp mats must be utilized in all instances where heavy equipment will enter the vernal pool
resource area.
35) Prior to completing pole installation, the applicant shall manually remove all species listed on the
Massachusetts Prohibited Plant List from the vernal pool resource area and dispose of the offsite.
36) Prior to completing pole installation, the applicant shall remove the two shopping carts from the
vernal pool resource area.
37) The vernal pool resource area shall be indicated as a no - spray zone in ROW maintenance plans.
Conservation Commission Staff Report 2
July 2 5 , 2013