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2014.01.09 Staff Report.docTo: Conservation Commission From: Sarah LaValley Reviewed and Approved by OPD: WF RE: Staff Report, January 9 Commission Meeting Date: January 6, 2014 5:00 PM – Continuation: Notice of Intent for construction of a driveway for access to a future single family home, within bordering vegetated wetland and buffer zone. Jerome & Susan Camposeso, Coles Meadow Road, parcel 08-070. Application Overview: The application proposes construction of a driveway to access a future single-family home. The driveway will alter 2,811 square feet of BVW, and 7,852 square feet of 0-100 foot buffer. The driveway proposed is ten feet wide, with an additional ten feet of temporary construction disturbance. It is proposed to include 8” compacted subbase, with 3” of TRG surface. To offset this disturbance, the application proposes replication of 4,066 square feet of wetlands. As additional mitigation, installation of a fence at the (new) 75 foot buffer area to prevent disturbance is also proposed. Conceptual locations of a house and septic system are shown on plans, but that work is not proposed as part of this application. The Commission requested additional information regarding access from adjacent uplands on abutting parcels. Consistency with the WPA: The work is proposed as a Limited Project driveway crossing under 310 CMR 10.53(3)(e). ‘Limited Projects’ can be permitted by the Conservation Commission notwithstanding the performance standards and regulations for inland wetlands. No limited project can be permitted that would have an adverse impact on habitat of rare or endangered species. When considering limited projects, the Commission must consider : the magnitude of the alteration and the significance of the project site The project proposes alteration of 2,811 square feet of BVW. the availability of reasonable alternatives to the proposed activity The application includes an alternatives analysis indicating that access from another location with fewer impacts as the lot is currently configured. Abutters were also contacted, and none were interested in allowing access across adjacent parcels. Creation of a common driveway prior to the lot being split several years ago could potentially have had fewer impacts. A DEP guidance document about limited project driveways also indicates that the Commission can consider “whether adjacent property, which would have provided dry access to the uplands, has been sold off or built on” when considering to grant limited project status. The applicant has indicated that a wetland delineation conducted at that time indicated that access would be possible. the extent to which adverse impacts are minimized, and the extent to which mitigation measures, including replication or restoration, are provided to contribute to the protection of the interests identified” in the Wetlands Protection Act. Initial plans for the driveway included no replication. Revised plans now include creation of replication areas nearly 1.5 times the area of the disturbance. Replication is proposed in two different areas, to include wetlands soils and planting. Mature upland trees are proposed to be removed to accommodate the replication area. If successful (with conditions added to ensure), the replication would result in addition of BVW and buffer area. Creation of new driveways across BVW are addressed in the following CMR: The construction and maintenance of a new roadway or driveway of minimum legal and practical width acceptable to the planning board, where reasonable alternative means of access from a public way to an upland area of the same owner is unavailable. Such roadway or driveway shall be constructed in a manner which does not restrict the flow of water. Reasonable alternative means of access may include any previously or currently available alternatives such as realignment or reconfiguration of the project to conform to 310 CMR 10.54 to 310 CMR 10.58 or to otherwise minimize adverse impacts on resource areas. The issuing authority may require the applicant to utilize access over an adjacent parcel of land currently or formerly owned by the applicant, or in which the applicant has, or can obtain, an ownership interest. The applicant shall design the roadway or driveway according to the minimum length and width acceptable to the Planning Board, and shall present reasonable alternative means of access to the Board. The applicant shall provide replication of bordering vegetated wetlands and compensatory flood storage to the extent practicable. In the Certificate of Compliance, the issuing authority may continue a condition imposed in the Order of Conditions to prohibit further activities under 310 CMR 10.53(3)(e). The application presents some alternatives to demonstrate that access from another parcel with fewer impacts is not possible. Replication and mitigation (fence) is proposed. A condition should be added preventing an additional crossing in the future. Consistency with the Northampton Wetlands Ordinance: The Ordinance does not allow alteration within resource areas or Protected Zones, with a number of exceptions, once of which is limited projects. The Commission can waive some of the requirements of the wetland replication performance standards; all are met, or can be met with conditions, except for the requirement that the wetland be ‘up to twice as large as the area being destroyed.’ Staff Recommendations: While the necessity for a limited project filing was created by the lot configuration, a prior wetland delineation and the statewide wetlands layer indicated that access would be possible. With conditions added to protect the resource area and buffer, and ensure that the replicated wetland functions as intended, the project meets the performance standards of the WPA and local Ordinance. Issue an Order of Conditions with standard conditions, and the following recommended conditions: 34) The possible future house, driveway extension and septic field locations shown on project plans are not approved as part of this Order. Any future alteration of buffer zone or BVW will require filing of an application with the Conservation Commission. 35) Construction of the driveway shall not begin until the Commission has issued a Determination or Order of Conditions allowing the house and related work, or has been presented with a detailed plan that shows that no work related to the house contruction will occur within jurisdictional resource areas or buffer zones. 36) Any future alteration within BVW, replication areas (except as may be required to maintain them in restored condition), and 0-75 foot buffer zone as shown on project plans is prohibited. This includes the entire parcel north of the driveway, east to the ‘fence at 75’ buffer line to limit future disturbance.’ 37) An annual report, in accordance with the Massachusetts Inland Wetland Replication Guidelines, shall be provided to the Commission by November 30 of each year, for the first three growing seasons. The report shall contain all elements required in monitoring the wetland replacement area, and shall detail how and to what extend the replacement area meets the General Performance Standards and the Wetland Replication Plan in the NOI. If non-compliance with any Performance Standards or the Replication Plan is documented, the report shall include a draft “corrective plan of action.” 38) Prior to the issuance of a certificate of compliance, the applicant shall demonstrate that at least 75% of the surface of each replacement areas has been re-established with indigenous wetlands plants. 39). The Commission shall be given 48 hours notice prior to the beginning of construction of each wetlands replication areas, to allow for discussion of requirements and to ensure compliance with all special conditions. 40) Any future project to cross wetlands to gain access to any portion of the property will not be qualified as a limited project roadway under 310 CMR 10.53(3)(e). Request for Certificate of Compliance, John Ewing, 1020 Florence Road, Parcel 44-116. DEP File 246-591 This project included construction of a common driveway within buffer zone. Special conditions required placement of boulders every twenty five feet to mark the no disturb 100-foot buffer zone, and planting of transitional shrubs along the driveway. Staff approved omitting the boulders within an area of dense woods, but they were otherwise placed as required, and visited the site in the fall and verified that shrubs were planted. With the exception of the minor changes noted in the request, the project was completed as proposed. A complete certificate of compliance can be issued, with continuing conditions requiring property owner maintenance of the delineation markers, and prohibiting use of road salt and lawn chemicals. Request to Co-sponsor zoning change to rezone recent non-floodplain conservation acquisitions in the last two years to Farms Forest and Rivers The Farms Forests and Rivers (FFR) district is a restrictive zoning district that is designed to protect sensitive open space and ecologically important features, to preserve the farms, forests and river corridors of Northampton. The Commission previously sponsored a rezoning of all non-floodplain conservation areas from their prior zoning to FFR, and staff requests that the Commission agree to this same rezoning for new acquisitions. This is mostly symbolic, since conservation land cannot be developed, but recognizes its ecological importance.