2013.08.22 ConCom Agenda and Staff Report
Northampton Conservation Commission
Agenda
5:00 PM, Thursday August 22 , 2013
City Hall Hearing Room 2 floor, 210 Main Street, Northampton
nd
General Public Comment
Approval of Minutes
May 23, 2013
June 27, 2013
July 25, 2013
5:00 PM Request for Determin ation of Applicability to determine if construction of a shed in
buffer zone is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance.
Elise Gifford, 57 Redford Dr, Florence, Parcel 36 - 054.
5:20 PM Request for Determination of Applica bility to determine if construction of a deck in
riverfront (Mill River) is subject to the Wetlands Protection Act or Northampton Wetlands
Ordinance. Heather Wark, 145 Vernon Street, Parcel 30B - 120.
5:40 PM Request for Determination of Applicability to d etermine if clearing vegetation and
invasive species is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance.
Northampton Planning Office, CT River Greenway Elwell Section, Off Damon Rd, Parcel 19 - 001.
Hunting Discussion
Plan for Inv asive Species Education
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 , August 22 Commission Meeting
Date: August 16 , 201 3
5:00 PM Request for Determination of Applicability to determine if construction of a shed
in buffer zone is subject to the Wetlands Protection Act or Northampton Wetlands
Ordinance. Elise Gifford, 57 Redford Dr, Florence, Parcel 36 - 054.
Application Overview:
The applica tion proposes construction of an 8’ x 10’ shed, to be set on a 9’ x 11’ grav el base, on an area that
is currently maintained lawn. The shed is proposed to be constructed approximately t en feet from BVW
associated with an unnamed tributary stream to Bassett Brook. (The stream may be perennial at this
point , but the applicant ha s not requested this determination from the Commission. RFA provisions
would come into consideration if the Commission determines that the work proposed is in fact an
alteration.)
Consistency with the WPA:
The exemption for conversion of lawn to uses acc essory to residential structures only applies if the work is
located more than fifty feet from MAHW or from BVW. If the Commission determines that the work will
not alter the BVW or stream, the project complies with 310 CMR 10.02.
Consistency with the No rthampton Wetlands Ordinance:
The shed is proposed within the 50 - foot Protected Zone. The Ordinance does not permit ‘alteration’
within the Protected Zone, sub ject to a number of exceptions, none of which seem to apply to the project.
Staff Recommendat ions:
The area where the shed is proposed has little to no contributing value to the stream and buffer zone
under current conditions . However, construction of the shed will create a new impervious su rface within
the Protected Zone. The small area of the shed seems unlikely to affect wetland values, especially if some
other portion of the Protected Zone can be improved. The Commission should discuss options with the
applicant, such as conversion of other impervious areas within the Protected Zone to perm eable surfaces,
which has resulted in negative determinations for similar projects in the past.
5:20 PM Request for Determination of Applicability to determine if construction of a deck
in riverfront (Mill River) is subject to the Wetlands Protection Act or Northampton
Wetlands Ordinance. Heather Wark, 145 Vernon Street, Parcel 30B - 120.
Application Overview:
The application proposes construction of a 16’x18’ deck approximately 120’ from the Mill River. The
parcel was subject to an Order of Conditions fo r construction of an addition that includes a permanent ‘no
encroachment’ zone, but the deck is proposed outside that area.
Consistency with the WPA: Under 310 CMR 10.02(2)b e, the deck is a minor activity, and does not
require the filing of an NOI:
The conversion of lawn to uses accessory to residential structures such as decks, sheds, patios, and
pools, provided the activity is located more than 50 feet from the mean annual high - water line within
Conservation Commissi on Staff Report 1
August 22 , 2013
the riverfront area or from bordering vegetated wetland, whichever is farther, and erosion and
sedimentation controls are implemented during construction.
Consistency with the Northampton Wetlands Ordinance:
The Ordinance requires that “ Certain areas 50 feet to 100 feet from wetlands may be suitable for
tempor ary, limited or permanent disturbance as appropriate when the applicant can demonstrate to the
Commission's satisfaction that the proposed work, activity or use will not affect wetland values singularly
or cumulatively and, by means of a written and plan v iew assessment, that reasonable alternatives to the
proposed work or activity do not exist. ”
The deck is proposed in an area that is currently maintained lawn, outside the Protected Zone. While it
will represent an increase in impervious surface, the curr ent conditions do not contribute to the resources
on site. It is proposed to be sited as far from the resource area as possible without being placed in front of
the house.
Staff Recommendations:
A negative determination can be issued by checking box 2 to indicate that the area is subject to the WPA,
but will not alter an area subject to protection. Standard conditions should be added. A location for
erosion control must be identified.
5:40 PM Request for Determination of Applicability to determine if c learing vegetation and
invasive species is subject to the Wetlands Protection Act or Northampton Wetlands
Ordinance. Northampton Planning Office, CT River Greenway Elwell Section, Off Damon
Rd, Parcel 19 - 001.
Application Overview:
The application propose s removal of approximately 1.2 acres of primarily invasive species from the
Connecticut River Greenway. The work area is located within riverfront to the Connecticut River and an
unnamed perennial stream that was the former site of the Northampton - New Ha ven Canal.
Staff - assisted application, no specific recommendations.
If the Commission c0ncludes that the work will not alter a resource area, a negative determination should
be issued by checking box 2 to indicate that the work is within an area subject to protection, but will not
remove dredge, fill or alter that area. Any conditions necessary to ensure an alteration will not take place
can be added. If the Commission decides that any of the activities proposed will alter a wetlands resource
area, a p ositive determination should be issued by checking box 3, that the work proposed is an alteration,
and a Notice of Intent is required.
Conservation Commission Staff Report 2
August 22 , 2013