2013.03.13 Staff Report.docTo: Conservation Commission
From: Sarah LaValley
Reviewed and Approved by OPD: WF
RE: Staff Report, March 13 Commission Meeting
Date: March 10, 2014
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. The meeting was continued to allow the applicant to provide additional information to demonstrate that the overall project will not impact
resource areas. Changes include removal of an existing paver patio 35 feet from bank.
Consistency with the WPA:
Work is proposed within the inner riparian zone to a perennial stream.
However, the removal of existing impervious area nearer to the resource than the addition and deck is proposed.
Consistency with the Northampton Wetlands Ordinance:
The parcel is
located within the URB zone, which has a 35-foot Protected Zone. Revised plans have removed all work from this area, except the removal and revegetation of the existing patio area.
Staff Recommendations:
The project will r pull impervious area away from the stream. It will be unlikely to create any new alteration to the resource, in conjunction with the plantings
proposed as mitigation. 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 permanent plantings proposed. An additional condition noting the new disturbance to aid the Commisison
in any future reviews should also be added.
The Commission should clarify the downspout drainage proposed, and impose any conditions needed to prevent future erosion.
5:20 PM Request
for Determination of Applicability to determine resource area boundaries are accurately delineated in accordance with MDAR Pesticide Board Regulations for use of herbicides in right
of way maintenance. Massachusetts Department of Transportation, I-91 Rights of Way
Application Overview:
The request is submitted in accordance with 333 CMR 11, which concerns applications
of pesticides within right of way. The Commission is asked to confirm the boundaries of the no-spray zones. Herbicide application itself is done under a Yearly Operational Plan. A
hearing on MassDot’s vegetation management plan will take place March 11 at 11:00 AM at the District 2 headquarters on North King Street.
‘No spray zones’ are defined in the regulations
as areas within the right of way (ROW) and:
(a) any Zone I;
(b) 100 feet of any Class A Surface Water Source;
(c) 100 feet of any tributary or associated surface water body where the tributary or
associated surface water body
runs within 400 feet of a Class A surface water source;
(d) ten feet of any tributary or associated surface water body where the tributary or
associated surface water body is at a distance
greater than 400 feet from a Class A surface
water source;
(e) a lateral distance of 100 feet for 400 feet upstream, on both sides of the river, of a Class
B Drinking Water Intake;
(f)
50 feet of any identified Private Well;
(g) ten feet of any Wetlands or Water Over Wetlands;
(h) ten feet of the mean annual high-water line of any river; and
(i) ten feet of any Certified
Vernal Pool.
Staff Recommendations:
The areas appear to comply with the regulations. A determination to confirm resource area boundaries under 333CMR11 only can be issued.