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2013.02.27 Staff Report.docTo: Conservation Commission From: Sarah LaValley Reviewed and Approved by OPD: WF RE: Staff Report, February 27 Commission Meeting Date: February 24, 2013 5:00 PM Request for Determination of Applicability to determine if an addition with deck is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. Edith Dundon, 30 Audubon Road, Map ID 10B-001 Application Overview: The application proposes construction of a 316 sf addition and deck within Riverfront Area to Day Brook, a perennial stream. The stream is channelized in a stone canal at this location, and has no associated BVW. Consistency with the WPA: Work is proposed within the inner riparian zone to a perennial stream. If the area is currently disturbed, it meets the provisions of 310 CMR 10.58 for work within previously disturbed riverfront areas. If it is not, an alternatives analysis will be required to meet the standards of the Rivers Protection Act. Consistency with the Northampton Wetlands Ordinance: The parcel is located within the URB zone, which has a 35-foot Protected Zone. A small portion of the work is located within this zone. If it is undisturbed, additional review is needed to ensure compliance with the Ordinance. Staff Recommendations: Existing conditions are not discussed in detail on the plansheets or application. If the addition and deck are proposed in an area that is currently disturbed, it will be unlikely to create any new disturbance, in conjunction with the plantings proposed as mitigation. In this case, a negative determination can be issued, checking box 2 to indicate that the work is within an area subject to protection, but will not remove, dredge, fill or alter that area. Add standard conditions, and an additional condition requiring the plantings proposed. An additional condition noting the new disturbance to aid the Commisison in future reviews should also be added. If the area is currently undisturbed and vegetated, additional review will be required to ensure compliance with the WPA and Northampton Wetlands Ordinance. A positive determination should be issued by checking box 3 to indicate that the work is within an area subject to protection, and requires an NOI. Request for Extension of Generic Order of Conditions for maintenance activities. Northampton DPW, DEP File 246-611. Application Overview and Staff Recommendations: The DPW is currently in the process of completing a new NOI for maintenance activities. Issue an extension to allow the work to continue in the interim.