2014.04.24 Staff Report.docTo: Conservation Commission
From: Sarah LaValley
Reviewed and Approved by OPD: WF
RE: Staff Report, April 24 Commission Meeting
Date: April 18, 2014
5:00 PM Request for Determination
of Applicability to determine if constructing a multi-use trail and underpass through existing rail bed is subject to the Wetlands Protection Act. Mass Bay Transportation Authority.
Off Bradford Street, Map ID 32A-263
The applicant has requested a continuation until May 22, at 5:00 PM
5:10 PM Request for Determination of Applicability to determine if demolition
and removal of an existing rail platform and construction of a new platform and related site improvements are subject to the Wetlands Protection Act. Mass Bay Transportation Authority.
Railroad Ave, Map ID 32C-165
The applicant has requested a continuation until May 22, at 5:10 PM
The applicant requested a continuation due to some planned design changes in the projects.
The Commission should vote, with no additional discussion, to continue the hearing until the requested date.
5:20 PM Request for Determination of Applicability to determine if construction
of a single family home within riverfront (Mill River) is subject to the Wetlands Protection Act or local Wetlands Ordinance. Integral Builders. 99 Water Street, Map ID 10D-040
Application
Overview:
The application proposes construction of a house approximately 180 feet from the bank of the Mill River, outside the 100-year floodplain. A house had been located on the parcel,
but the structure burned and was razed.
Consistency with the WPA:
It is likely that the work could meet the performance standards for redevelopment in the Riverfront Area, but a description
of how the work will improve existing conditions was provided.
Consistency with the Northampton Wetlands Ordinance:
The Wetlands Ordinance does not create standards stricter than
those contained in the Rivers Protection Act for this project, since it is outside the 100-foot buffer zone to bank.
Staff Recommendations:
The proposed work will not be located closer
to the river than existing disturbed conditions, and is separated from the river by a house and paved public road. The house should meet the RFA standards contained in the Rivers Protection
Act. It appears that construction of the house completely outside the RFA would be possible on the site, but would result in the removal of mature trees and other vegetation within
the riverfront. The Commission should confirm this with the applicant. A Notice of Intent could be required to allow for more detailed review of the proposal, but due to the distance
from the resource and the site’s existing conditions, the work seems unlikely to create any new alteration. A negative determination can be issued by checking box 2, to indicate that
the work is within an area subject to protection, but will not remove, dredge, fill or alter.
Standard conditions should be added, as well as a condition requiring that detailed plans for the house be submitted to the Commission prior to the preconstruction meeting. If the plans
do not conform to the conceptual plan contained in the application, staff require submission of an additional RDA or NOI.
5:35 PM Notice of Intent for dumping ground remediation within
bordering vegetation wetland and riverfront to unnamed stream. Work to include landfill excavation, removal of buried solid waste, and restoration to pre-construction conditions. MassDOT.
155 Locust Street, Map ID 23B-013
Application Overview:
The application proposes removal of buried solid waste and the former Mass Highway garage on Locust Street, and restoration
of the area. Work will include a temporary roadway for access, removal of waste with heavy equipment, screening and backfilling of clean soil, and creation of a restoration area with
hydric soils and native plantings. Work will result in 22,560 sf of temporary impacts to riverfront of an unnamed perennial stream, and 5,500 sf of temporary impacts to BVW.
Consistency
with the Wetlands Protection Act
Section 6 of the application details compliance with the WPA – staff has no concerns with the applicants assessment.
Consistency with the Northampton
Wetlands Ordinance:
Although MassDOT is not subject to the local Ordinance, The work is both a limited project, and a project that will ‘improve the natural capacity of a resource area,’
so work is permitted within the Protected Zone.
Staff Recommendation
The sole purpose of the project is to mitigate and correct a previous unpermitted disturbance, and help restore
the wetlands, riverfront, and buffer zone. Apart from construction impacts, the project creates no new alterations, and will represent an overall improvement.
An Order of Conditions
should be issued, with standard conditions.
The following conditions should also be included:
34. The fence at the rear of the property must be removed prior to issuance of a certificate
of compliance.
35. The isolated wetland at the northern portion of the site shall not be disturbed during construction.
37. An annual report, in accordance with the Massachusetts Inland
Wetland Replication Guidelines, shall be provided to the Commission by November 30 of each year, for the first three growing seasons. The report shall contain all elements required
in monitoring the wetland replacement area, and shall detail how and to what extend the replacement area meets the General Performance Standards and the Wetland Replication Plan in the
NOI. If non-compliance with any Performance Standards or the Replication Plan is documented, the report shall include a draft “corrective plan of action.”
38. Prior to the issuance
of a certificate of compliance, the applicant shall demonstrate that at least 75% of the surface of each replacement areas has been re-established with indigenous wetlands plants.
39.
The Commission shall be given 48 hours notice prior to the beginning of construction of each wetlands replication areas, to allow for discussion of requirements and to ensure compliance
with all special conditions.
40. Future alterations areas shown on NOI plans as Wetland Replication Area and Riverfront Mitigation Areas, except as may be required to maintain them in
restored or mitigated condition, are prohibited. Allowable activities include removal of species listed on the Massachusetts Prohibited Plant list and planting of native species.