2016.02.25 Staff Report
To: Conservation Commission
From: Sarah LaValley
Reviewed and Approved by OPS: CM
RE: Staff Report, February 25 Commission Meeting
Date: February 22, 2016
5:30 PM – Public Hearing: Request for Determination of Applicability to determine if
demo of a barn and lean to, removal of driveway, and construction of studio/storage
space and patio are subject to the Wetlands Protection Act or Northampton Wetlands
Ordinance. Douglas Benton & Kate Geis. Map ID 38C-3, 194 Grove St
Application Overview:
The application proposes demolition of a barn and lean-to, removal of part of a paved driveway and
returning the area to a vegetated surface, and construction of a studio and terrace.
The Commission
construction of a 7’ x 15’ foot addition
previously issued a negative determination which is still valid, for
beneath an existing overhang on the house
.
Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance
The lot is located in the URB zoning district, which has a reduced Protected Zone of 35 feet. All other
portions of the Ordinance are waived. The work is located outside the protected zone to BVW, but within
Protected Zone to bank. However, all work will be located farther away from resource areas than existing
conditions, and will reduce the overall amount of disturbed area on the site.
Staff Recommendations:
The work as proposed should not constitute an alteration as defined by the WPA or local Ordinance. Issue
a negative determination by checking box 3 to indicate that the work is within buffer zone, but will not
create an alteration. Include standard conditions, with a requirement that erosion control be placed five
feet from the ‘top of bank’ as shown on plans.
Note that resource area boundaries are not confirmed.
5:45 – Public Hearing: Amend Conservation Commission Land Use Regulations
Add Wilderness Camping as an allowed activity at Elwell Island
Remove hunting as an allowed activity at the ‘Abuza’ section of Fitzgerald Lake
Overview:
This is a public hearing pursuant to MGL C40 S8C regarding changes to the use regulations
governing conservation properties. No other approvals are required before these take effect, if
approved by the Commission. The changes (attached) would add Elwell Island as one of the
locations at which camping is allowed, and eliminate the exception that allows hunting at the Abuza
parcel on Fitzgerald Lake.
Staff Recommendations:
Approve the changes as proposed. The Commission has discussed and approved the inclusion of
Elwell Island in the Connecticut River, and this change will formally allow that activity, for which no
additional permissions will be required.
The Commission has also discussed removing the exception allowing hunting at Abuza. In contrast
to the exception for bow hunting at Beaver Brook/Broad Brook, which was approved by the
Commission following careful consideration, hunting at Abuza was required by City Council. At the
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February 25, 2016
time the parcel was acquired, it was on the northern edge of Fitzgerald Lake. Since then, many
parcels have been added, and it is now in the middle of the conservation area.
Request for Certificate of Compliance: 36 Sovereign Way, Map ID 36-242, DEP File
246-532
Overview and Staff Recommendations:
The Commission issued this Order of Conditions in 2003, for construction of a single family home,
including garage, driveway and septic system in buffer zone. The Order required that the limit of work
line be 35 feet from wetlands, except at the southwest corner of the house, where it was reduced to 15 feet.
A request for CofC was submitted to indicate that the house was constructed as proposed. Staff visited the
site and agree; a complete Certificate can be issued. The Order included no ongoing conditions.
Conservation Commission Staff Report 2
February 25, 2016