2016.05.26 Staff Report
To: Conservation Commission
From: Sarah LaValley
Reviewed and Approved by OPS: CM
RE: Staff Report, May 26 Commission Meeting
Date: May 24, 2016
5:30 PM Request for Determination of Applicability to determine if septic system
repair is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance.
Darlene Kellogg, 1162 Westhampton Rd, Map ID 41-33
Application Overview:
The application proposes replacement of an existing septic system within buffer zone to wetlands.
Almost the entirety of the parcel is within the buffer zone. Most work will be located farther from
wetlands that the existing system. Layout of the site does not allow for work to be located in a
different location.
Consistency with the WPA and Northampton Wetlands Ordinance; Staff
Recommendations:
The work as proposed should not create an alteration to the wetlands. Issue a negative
determination by checking box 3 to indicate that the work is in the buffer zone but will not remove
dredge fill or alter the area. Note that boundaries are not confirmed. Require that the Commission
be notified 48 hours prior to the start of work, and again when work is complete, and require erosion
control as shown on project plans.
5:40 PM Request for Determination of Applicability to determine if construction of a
new single family home and related work is subject to the Wetlands Protection Act or
Northampton Wetlands Ordinance. Patrick Melnik, 308 Chesterfield Rd, Map ID 15B-
50
Application Overview:
The application proposes construction of a house, septic system and related work just outside the
100 foot buffer zone. The Commission should note that the 100 foot buffer as shown on project
plans is from the centerline of intermittent stream, not from the bank flags as required.
Consistency with the WPA and Northampton Wetlands Ordinance; Staff
Recommendations:
The parcel on which the lot is proposed was created in April, and until then was a portion of lot 15B-
001, for which the Commission issued an Order of Conditions for construction of a driveway within
buffer zone to the same intermittent stream. The driveway is built, but the now-expired Order of
Conditions has not been closed out. 310 CMR 10.05 requires that “Upon completion of the work
described in a Final Order of Conditions, but not later than the three year term of an Order of
Resource Area Delineation or any extension thereunder, the applicant shall request in writing the
issuance of a Certificate of Compliance stating that the work has been satisfactorily completed.
Additionally, the local Ordinance states that "The Commission shall have the right to refuse to issue a
permit if a previous permit on the same property or on contiguous properties under the same or
affiliated ownership has not been complied with or has not received a certificate of compliance."
Conservation Commission Staff Report 1
May 26, 2016
The Wetlands Protection Act also requires applicants to “obtain or apply for all obtainable permits,
variances and approvals required by local by-law with respect to the proposed activity.” The area
discussed in the RDA was included in the stormwater permit for the driveway, and that permit must
now be amended, or a new permit issued.
The Commission should hold off on considering the RDA and inform the applicant that a stormwater
amendment and Certificate of Compliance are required.
Conservation Commission Staff Report 2
May 26, 2016