2016.05.12 Staff Report
To: Conservation Commission
From: Sarah LaValley
Reviewed and Approved by OPS: WF
RE: Staff Report, May 12 Commission Meeting
Date: May 10, 2016
5:30 PM Request for Determination of Applicability to determine if removal of water
chestnut is subject to the Wetlands Protection Act or Northampton Wetlands
Ordinance. Cynthia Boettner, US Fish and Wildlife Service, Land Under Water at:
Oxbow Area, Hurlberts Pond, Fitzgerald Lake, and Magnolia and Triangle Ponds
Application Overview:
The application proposes removal of invasive water chestnut from waterbodies where it is present in
Northampton. Water chestnut will be hand-pulled from boats, and disposed of inland where they
will not be able to reinfest.
Consistency with the WPA and Northampton Wetlands Ordinance; Staff
Recommendations:
The application proposes only removal of an invasive aquatic plant. The Commission has not
required an application for this work in the past, but DEP has requested that the applicant obtain
permits from each community where pulling is proposed. The work should improve the natural
capacity of the resource areas, and since it is being conducted by boat, will have little to no
disturbance to land under water, which is the only resource area involved. Issue a negative
determination by checking box 2 to indicate that the work is within an area subject to protection, but
will not create an alteration.
5:40 PM Request for Determination of Applicability to determine if installation of an
in-ground pool with patio, and removal of an aboveground pool is subject to the
Wetlands Protection Act or Northampton Wetlands Ordinance. Jorge & Damaris
Berrios, 34 Woodland Drive, Map ID 35-272
Application Overview:
The application proposes removal of an above-ground pool, and installation of an 18x36 foot
inground pool with an additional patio area. The pool is proposed to be installed in a lawn area
adjacent to the existing pool, approximately 75 feet from a BVW. (Please refer to attached map from
original subdivision plan) A portion of the buffer zone is wooded, with the remainder being mown
lawn.
Consistency with the WPA and Northampton Wetlands Ordinance; Staff
Recommendations:
The work is not subject to the WPA as a ‘minor activity’ under 310 CMR 10.02, (2)(b), as a
“conversion of lawn to uses accessory to residential structures such as decks,
sheds, patios, pools… provided the activity, including material staging and stockpiling is located
more than 50 feet from … or from Bordering Vegetated Wetland…, and erosion and sedimentation
controls are implemented during construction.”
The Northampton Wetlands Ordinance allows alteration of up to 20% of the area within the 50-100
foot zone on a lot. This portion of the lot was previously altered through grading, vegetation
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removal, and creation of a lawn area, and this work will not increase that alteration. Installation of
a new pool, coupled with removal of the previously installed above-ground pool, should not create
any additional alterations.
Issue a determination by checking box 4, to indicate that the area is subject to protection but is
exempt as described above, and box 3, to indicate that the work is within the buffer zone but will not
alter, and require that erosion control be installed 10 feet from the edge of the tree line, prohibiting
draining of the existing pool into the wetland, and prohibiting any tree removal. A plan of the patio
are must be provided for the Commission’s files.
5:50 PM Notice of Intent for Bridge Replacement and Boardwalk Repair and
Extension. Broad Brook Coalition, Broad Brook/Fitzgerald Lake Greenway. Map ID 7-
35. DEP File 246-691
Application Overview:
The application proposes replacement of the bridge and boardwalk system that provides access to
Fitzgerald Lake from the North Farms Road entrance. The bridge replacement will be a single pre-
fabricated span. Slumping sections of the boardwalk will be repaired and the supports replaced with
driven pressure treated anchors, and the level raised. The 100 foot dock extension will be installed
with helical piers.
DEP Comments:
Please see staff responses below each comment
\[1\] Additional information should be submitted regarding resource area impacts and compliance
with the Performance Standards. Work is proposed on Bank, LUWW, BVW and Bordering Land
Subject to Flooding.
The Commission should discuss temporary, construction-related impacts with the applicant, and
include any conditions necessary to mitigate those in the Order.
\[2\] The Commission should ensure there is no impairment or destruction of the BVW by the
proposed work. See 310 CMR 10.55(4)(a). Functions and values of the existing wetlands system shall
be maintained or improved by ensuring sufficient sunlight penetrates below the boardwalk. Raising
it one foot is likely not sufficient. Should be spacing between the boards and smaller boards can be
used that would allow more sunlight.
This project is not a new alteration, but is maintenance to a previously permitted alteration. By raising
the height and reducing the footprint of the base, there will definitely be an improvement over existing
conditions. Discuss with the applicant the possibility of using smaller replacement boards where they
are rotted
\[3\] Where the stream channel goes under the boardwalk, compliance with the Stream Standards to
the Maximum Extent Practicable is required.
The Commission should include a condition that no supports will be installed within the stream
channel. The stream crossing standards, and how the project addresses these, are listed below
1. TYPE OF CROSSING
General:
Spans (bridges, 3-sided box culverts, open-bottom culverts or arches) are strongly preferred.
Optimum: Use a bridge.
Optimum is met
2. EMBEDMENT
All culverts should be embedded (sunk into stream) a minimum of 2 feet, and round pipe culverts at
least 25%. If pipe culverts cannot be embedded this deep, then they should not be used.
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When embedment material includes elements >15 inches in diameter, embedment depths should be
at least twice the D84 (particle width larger than 84% of particles) of the embedment material.
Not applicable
3. CROSSING SPAN
General: Spans channel width (a minimum of 1.2 times the bankfull width of the stream).
Optimum: Spans the streambed and banks (at least 1.2 times bankfull width) with sufficient
headroom to provide dry passage for wildlife.
DOCK: General is met, allowing for dry passage would not be practicable
BRIDGE: Optimum met
4. OPENNESS
General: Openness ratio (cross-sectional area/crossing length) of at least 0.82 feet (0.25 meters).
The crossing should be wide and high relative to its length.
Optimum: Openness ratio of at least 1.64 feet (0.5meters) and minimum height of 6 feet. If
conditions significantly reduce wildlife passage near a crossing (e.g., steep embankments, high traffic
volumes, and physical barriers), maintain a minimum height of 8 feet (2.4
meters) and openness ratio of 2.46 feet (0.75 meters).
General met, wildlife passage opportunities are available over/around the area
5. SUBSTRATE
Natural bottom substrate should be used within the crossing and it should match the upstream and
downstream substrates. The substrate and design should resist displacement during floods and
maintain an appropriate bottom during normal flows.
Met
6. WATER DEPTH AND VELOCITY
Water depths and velocities are comparable to those found in the natural channel at a variety of
flows
Met
\[4\] At the discretion of the Commission, the work may be reviewed as a limited project per 310 CMR
10.53(3)(j)
The project appears to meet all applicable performance standards, so limited project status is not
necessary
Consistency with the WPA and Northampton Wetlands Ordinance; Staff
Recommendations:
The project is rehabilitation work to a previously permitted structure. While installation of the
original boardwalk would likely not be allowed under the current wetlands Ordinance, the new work
proposed will raise the boardwalk one foot in BVW areas, allowing for more light and water flow, and
should result in an overall improvement. Issue an order of conditi0ns
Suggested conditions:
(ongoing) The applicant shall inspect the bridge and dock crossings each spring, and remove any
tree branches or other large debris.
(ongoing) The applicant shall not dredge or alter in any other way, the natural stream channels
under the bridge and dock shown on project plans
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There shall be no supports placed within the stream channels
There shall be no staging of construction materials or tools within any resource areas. To the
extent practicable, all work shall be conducted from the existing boardwalk and bridge
6:10 PM Notice of Intent for residential subdivision construction, including roadway,
stormwater system, utilities and related work. Pecoy Construction, Ford Crossing.
Map ID 31C-17. DEP File 246-690
Application Overview:
The application proposes construction of a 21-unit subdivision and related infrastructure at Village
Hill. Original designs included development to the west of where it is currently proposed, within the
Protected Zone and riverfront area, but revised designs shifted work to reduce disturbance.
DEP Comments:
\[1\] It does not appear sufficient information has been submitted showing compliance with the
Riverfront Redevelopment Performance Standards. Additional information on degraded area that
existed in 1996 and exists now must be submitted to the Commission.
\[2\] An improvement over existing conditions, per 310 CMR 10.58(5)(a), is required. Acceptable
improvements include, but are not limited to: 1) Significant net reduction of impervious surfaces; 2)
Planting of indigenous plant species; 3) Providing storm water management demonstrably in excess
of what is required per 310 CMR 10.05(6) (k) through (q); 4) Removal and proper disposal of
noxious but otherwise legally located materials.
The original submittal included riverfront area disturbance. The revised design removes all work
from the riverfront
Consistency with the WPA and Northampton Wetlands Ordinance
Except for the detention basin (outside resource areas) and two areas where grading extends into the
FFR zone to the rear of (approximately 85 feet from wetlands), the project is within the Planned
Village zoning district. The Wetlands Ordinance waives sections of the Ordinance over and above
state law, and creates a reduced Protected Zone of 10 feet.
The project creates a new point source discharge, and is subject to the stormwater standards. Staff
recommends consideration of an alternate design to the rip-rap overflow with plantings and natural
materials, as velocities seem to indicate that flow would allow for this. Additional plantings should
be required in this area as well.
The application includes wetland flagging; staff reviewed the flags and have no concerns about
confirming these boundaries.
Staff Recommendations:
Issue an Order of Conditions, with standard conditions, including a condition for plantings and any
revised plan submittals.
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