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2022.06.09 Staff Report.pdf June 9 2022 Staff Report To: Conservation Commission From: Sarah LaValley RE: Staff Report, May 26 2022 Commission Meeting 5:30 PM Request for Amendment to DEP File 246-0729 for driveway construction within bordering vegetated wetland and buffer zone. Jerome and Susan Camposeo, Coles Meadow Rd, Map ID 08-70. Application Overview; Summary of Prior Permitting: An Order of Conditions was issued in 2019 for construction of a driveway to access a future single-family home. Work included alteration of 4,406 square feet of BVW, 5,028 square feet of 0-50 foot buffer and 2,496 square feet of 50-100 foot buffer. 4,406 square feet of wetlands replication was included as mitigation. The Order resulted from an initial denial, appeal, and subsequent Settlement Agreement. The Agreement and Order also required the following items: The base of the WETLANDS CROSSING(S), i.e. to the outer edge of the aforementioned wall, shall be no wider than sixteen (16) feet. (e) The driveway itself shall be up to, but no more than, twelve (12) feet in width. Not fewer than three (3) open-bottom culverts, spaced not more than 100 feet apart, a minimum of 12 inches high or more if required to sufficiently accommodate drainage, shall be installed along the aforesaid driveway where it crosses the wetlands. Wetlands replication by the OWNERS will be proposed at a 1:1 ratio. The COMMISSION acknowledges this replication proposal in the context of the settlement; but it reserves the right to evaluate and determine the appropriateness of the same during the public hearing hereinafter referenced and to ensure that proper mitigation is provided. Conveyance of Pedestrian Access. In lieu of constructing a driveway along the southerly boundary of the PROPERTY as originally proposed, the OWNERS shall site the driveway as described in Paragraph 2, above, and shall convey to the City of Northampton, in fee simple, a strip of land (the “STRIP OF LAND”), no more than nine (9) feet in width, running alongside the southerly boundary of the PROPERTY as aforesaid, in its entirety, and thereby providing access to the City-owned land situated easterly of the PROPERTY. Gift of Funds. The OWNERS shall likewise make a charitable gift to the City of Northampton, in an amount not-to-exceed $15,000.00, for use by the City in developing a boardwalk through wetland portion(s) of the STRIP OF LAND, including and limited to acquisition of boardwalk material(s) and the purchase or rental of any equipment required to install the same. Said boardwalk will span only the wetlands, and no other portion(s) of the STRIP OF LAND. The above requirements were all addressed. Finally, Any and all portion(s) of the aforesaid driveway that cross wetlands (the “WETLANDS CROSSING(S)”) shall be supported at its edge by a gabion, concrete block or solid concrete wall so as to minimize the width of any wetland impacts. June 9 2022 Staff Report 2 The amendment proposes to change the driveway construction from wall supported, as required above, to earthen side slopes. The application indicates that this will reduce wetland alteration from 4,406 to 4,248 sf, and also proposes to reduce the wetland replication area to 4,337 sf. Staff Recommendation: Additional information is necessary to demonstrate that the intent of the requirement for a wall- supported driveway is met, and that the revised design will result in less wetland impacts. The Agreement and resulting Order required the driveway to be supported by a wall to limit direct wetland impacts, and prevent erosion and expansion of the driveway footprint into the future. Staff has concerns that the plan as revised may create erosion into the resource area during construction and over time The plan details do not provide enough information to know whether this will be the case for the proposed new design. How will the crushed stone be prevented from mobilizing? The details show 'side slope erosion control' but it's not clear if the 'erosion control' is temporary or permanent, what it is composed of, or what maintenance it may need. Sufficient detail and information will be necessary to demonstrate that the amended design will have the same or less impacts to resources both during construction and in the long-term. Staff have also asked the applicant to clarify the following points: The plan breaks wetland disturbance into three area, western, at the Coles Meadow entrance, and two eastern segments, closer to the house site. While the east and west areas show decreased alteration areas, the middle area of disturbance shows an increase in wetland alteration of 122 sf from prior plans. The limit of work/silt fence location is not clear on plans, and is not a continuous line. Some work on the northern side of the driveway, appears outside the limit of work, and it is not clear whether this is included in alteration calculations. If the applicant provides additional information, and the Commission is satisfied that an earthen wall support will have fewer impacts, an amended Order could be issued. The Commission will also need to amend the Settlement Agreement by majority vote to .