2016.12.08 Staff Report
To: Conservation Commission
From: Sarah LaValley
RE: Staff Report, December 8 Commission Meeting
Date: December 8, 2016
5:30 PM: Continuation- Notice of Intent for bank stabilization and stream channel
structure realignment. Work to take place in land under water, bordering land subject
to flooding and riverfront area to Roberts Meadow Brook. Northampton DPW, parcel
IDs 10-006 and 009, 10B-103 and 15-001 The applicant has requested a continuation, with
no discussion to be held at this time, until January 26, 2017, at 5:30 PM
Staff Recommendation:
Continue the hearing as requested.
5:30 PM Discuss Potential Assignment of Licensing Responsibility for Agriculture on
Conservation Properties to the Agricultural Commission
The new municipal modernization act creates the authority for Agricultural Commissions to hold
interest in land, a provision that was absent but very much needed from the original legislation
creating ag commissions. Following this new rule, the Agricultural Commission began planning
future possibilities for agricultural land, as well as existing ag lands, that are held by the ConsCom
mainly because the ag commission was not able to at the time the properties were originally
acquired. The Ag Commission has offered to assume the licensing responsibilities for these areas,
with the understanding that this is more a part of their core mission than the ConsCom, they have
more contacts with farmers, and this could help both Commissions. Members of the Ag Commission
may be present to discuss this option.
Current agricultural considerations:
Portion of Mineral Hills Conservation Area: License to end of 2017. Not organic,
Agricultural Preservation Restriction requires the area be farmed
Bleiman Section of the Meadows: Currently not licensed. Must be farmed or mowed as a
condition of acquisition
Elwell Section of CT River Greenway: Currently not licensed. Organic. Previous farm went
out of business.
Portion of Monview Conservation Area: Madge Evers, Licensed to end of 2019. Organic.
‘Northern Bookend’ portion of Mineral Hills. Currently not licensed. Historical
5:50 PM Notice of Intent for crew house addition and deck, and construction of an
elevated accessible walk. Work proposed within land subject to flooding and buffer
zone to bank. Trustees of Smith College, College Lane, Map ID 31D-10
Application Overview:
The application proposes a 175 square foot second story addition to the Crew House, including
second story and deck, supported by structural columns, and a 600 linear foot elevated wooden
boardwalk supported by helical piers or concrete footings. Work is located within bordering land
subject to flooding, and buffer zone to bank. (No riverfront area within Paradise Pond) Grading is
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December 8, 2016
proposed to comply with foot-for-foot compensatory flood storage requirements. Removal of
existing vegetation
The limit of the buffer zone (not identified on project plans) is near the edge of the roadway.
Consistency with the WPA:
Compensatory flood storage requirements are detailed.
There are no additional standards for buffer zone. The work is located within Priority Habitat, but
NHESP dtermined that this project as proposed, will not adversely affect the actual Resource
Area Habitat of state-protected rare wildlife species, and meets the state-listed species performance
standard for the issuance of an Order of Conditions.
Consistency with the Northampton Wetlands Ordinance:
Work is proposed within the Protected Zone, but is allowed pursuant to the Ordinance:
Projects in or affecting protected zones or resource areas containing areas already degraded or
developed, subject to the following criteria:
At a minimum, proposed work shall result in an improvement over existing conditions of the
capacity of the resource area to protect the interests identified in MGL c. 131, § 40. When a lot is
previously developed but no portion of the resource area or its protected zone is degraded, this
section shall not apply.
The hillside currently includes many invasive species and mown lawn, the project as proposed will
remove invasives and plant native species
Within the resource area and its protected zone, proposed work shall not be located closer to the
resource area than existing degraded conditions.
It is not
Proposed work, including expansion of existing structures, shall be located outside the resource
area or toward the resource area boundary and away from the resource.
It is
The area of proposed work shall not exceed the amount of degraded area.
It does not.
Staff Recommendations:
The building department has indicated that flowthrough flood vents will most likely be required in the
Crew House to bring the structure into compliance with current building code. If this is the case, the
interior of the structure can be utilized for required compensatory flood storage, thereby reducing the
amount of proposed grading and disturbance to the hillside. Staff would prefer that this method for flood
storage compliance be utilized, and a new planset and must be required if this is the case.
Native trees and herbaceous plants are also proposed. The bank is currently mown lawn to the edge of the
water – the application proposes no change or alteration to this area as part of the project, but this could
present an opportunity for improvement. Discuss ceasing of mowing and/or planting of appropriate
wetland vegetation along the bank.
If all above issues are discussed and satisfied, issue an Order of Conditions. Require silt fence and
haybales at the edge of work nearest the pond, and in another row farther up the hillside. The erosion
control proposed is inadequate for the slope. Add a condition requiring that a request for certificate of
compliance be accompanied by a report on the health of all plantings after two growing seasons, and that
all unsuccessful plantings shall be replaced.
Require a continuing condition that invasive species within the project area be hand-removed annually.
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December 8, 2016
6:10 PM Notice of Intent for driveway construction within bordering vegetated
wetland and buffer zone. Jerome and Susan Camposeo, Coles Meadow Rd, Map ID 08-
70.
Application Overview:
The application proposes construction of a driveway to access a future single-family home. The planset
revised 12/1/16 proposes 1,668 square feet of BVW, and 3,053 square feet of 0-100 foot buffer. The
driveway is proposed to be between 12 and 16 feet wide. Temporary construction impacts are not
quantified. The application proposes replication of 3,336 square feet of wetlands. Conceptual locations of
a house and septic system are shown on plans, likely to include additional buffer zone disturbance but
that work is not proposed as part of this application. The lot on which the driveway is proposed originally
included the area shown as ‘parcel 1’ on project plans, but the owner divided the property and sold lot 1,
and a single family home currently exists there. A previous, similar NOI application was denied under the
Northampton Wetlands Ordinance in January 2014.
Consistency with the WPA:
The work is presented 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. The limited project provisions provide Commissions with discretion
to consider certain types of projects that do not meet all applicable performance standards. Commissions
are not required to give approval to projects filed under this provision, but should examine the facts and
determine whether the project qualifies as a limited project. DEP’s guidance for interpreting the limited
project provisions for driveways is attached for reference. However, the project as proposed can be able to
meet applicable performance standards for BVW under 310 CMR 10.55 (4), and consideration of the
proposed work as a Limited Project is not appropriate.
Consistency with the Northampton Wetlands Ordinance:
The project is located within the Rural Residential zone. There is no reduction in the Protected Zone
within this zone. The Ordinance is specific that “the Commission shall not permit alteration within
resource areas or their associated protected zones,” subject to several exceptions, none of which apply to
the proposed work. Work within the Protected Zone does not conform to the Ordinance.
Staff Recommendations:
The project as proposed should not be considered as a Limited Project, and the Protected Zone
disturbance proposed does not meet the performance standards of the Northampton Wetlands
Ordinance.
Issue an Order of Conditions under the Wetlands Protection Act.
Deny an Order of Conditions pursuant to the Northampton Wetlands Ordinance, finding that the
proposed work cannot be conditioned to meet the standards set forth in Chapter 337 of the Northampton
Code, specifically, 337-10 (E) regarding work in Protected Zones. Include a finding of fact that the
Commission does not find the work proposed to be a 310 CMR 10.53(3)(e) limited project.
Such decision is not a taking, given consideration of whether adjacent property, which would have
provided dry access to the uplands, has been sold off or built on. The denial is without prejudice, and a
new application conforming to the performance standards of the Wetlands Ordinance may be considered
in the future.
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December 8, 2016