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2014.05.22 Staff Report.docTo: Conservation Commission From: Sarah LaValley Reviewed and Approved by OPD: WF RE: Staff Report, May 22 Commission Meeting Date: May 19, 2014 5:00 PM Continuation: 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 Application Overview: The application proposes construction of a multi-use trail underpass beneath the existing railroad in the area between King Street and Bradford Street, as part of the Knowledge Corridor rail improvements. As an MBTA project, it is not subject to the local Wetlands Ordinance. Consistency with the Wetlands Protection Act The project is not within jurisdictional resource areas or buffer zones. Staff Recommendations: Issue a negative determination by checking box 4, to indicate that the work is not within an area subject to protection, and does not require filing an NOI. 5:10 PM Continuation: 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 Application Overview: The application proposes demolition of an existing platform, and construction of a new platform, canopy, modification of parking areas, and addition of new sidewalks and wheelchair ramps as part of the Knowledge Corridor rail improvements. As an MBTA project, it is not subject to the local Wetlands Ordinance. Consistency with the Wetlands Protection Act The project is not within jurisdictional resource areas or buffer zones. Staff Recommendations: Issue a negative determination by checking box 4, to indicate that the work is not within an area subject to protection, and does not require filing an NOI. 5:20 PM Request for Determination of Applicability to determine if repaving and installation of traffic signals is subject to the Wetlands Protection Act. Damon Road ROW from King St to Industrial Drive. Massachusetts Bay Transportation Authority Application Overview: The application proposes repaving a portion of Damon Road, from King Street to Industrial Drive, and installation of a new traffic signal as part of the Knowledge Corridor rail improvements. Work will occur within RFA to an unnamed stream, and buffer zone to bank, but is limited to existing disturbed areas. As an MBTA project, it is not subject to the local Wetlands Ordinance. Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance The project is limited to existing disturbed areas and will not create any new alterations Staff Recommendations: Issue a negative determination by checking box 2, to indicate that the work is within an area subject to projection, but will not remove dredge fill or alter. No additional conditions. 5:30 PM Request for Determination of Applicability to determine if replacement of existing drain line is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. Northampton Department of Public Works. Eastern Avenue, Map ID 32C-323 Application Overview: Work is proposed to replace a drain line on Eastern Avenue, and an additional line from Eastern Avenue to the Williams Street Brook line along the toe of the CT River levee to address concerns with sinkholes and correct pipe sizing. Work will include installation of 230 feet of new HDPE pipe and manholes within the paved portion of Eastern Avenue, and 260 feet of new pipe along the levee. Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance The only resource area within the vicinity of the work is the bank of the piped Williams Street Brook. Since the Brook is piped, it does not have associated riverfront. The Brook will be temporarily dewatered when work is done in the dry. Staff Recommendations: Issue a negative determination by checking box 2, to indicate that the work is within an area subject to projection, but will not remove dredge fill or alter. The Commission should be notified prior to the start of work, and again when work is complete. 5:40 PM Request for Determination of Applicability to determine if installation of granite steps, chain link fencing and concrete pad are subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. Smith College Facilities Mgmt, Outdoor Athletic Complex, West Street, Map ID 31C-015 Application Overview: Work proposed is associated with improvements to the Smith College athletic field within portions of RFA to the Mill River. This includes installation of field lighting, resurfacing the track, repair long jump runways, and other activities to existing facilities. Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance The majority of work will occur outside the riverfront area, the boundaries of which were already confirmed with existing open orders of conditions for other activities surrounding the Pond. The Commission should confirm the exact locations of the field lighting and new fencing to ensure that they are not within an area that was required to remain permanently vegetated following the athletic field installation. Staff Recommendations: Provided the field lighting and fence will be installed on a disturbed area, issue a negative determination by checking box 2, to indicate that the work is within an area subject to projection, but will not remove dredge fill or alter. The Commission should be notified prior to the start of work, and again when work is complete. 5:50 PM Notice of Intent for construction of student housing project and related site improvements within riverfront area (Mill River) and buffer zone to bank. Trustees of Smith College. Paradise Road, Maps IDS 31A 260-265 and 67, and 31C 13-14. Application Overview: The application proposes construction of a new student housing project on Paradise Road. Work includes demolition of the infirmary and three residential buildings, construction of five new housing dorms, stormwater infrastructure and other site improvements, and replacement of a broken pipe and outlet to the Mill River. Stormwater will be managed with a series of water quality swales and catchbasins that discharge to an underground detention basin, that will then discharge via a pipe to the Mill River. Consistency with the Northampton Wetlands Ordinance: The only additional provision applicable to the project is the 35 foot Protected Zone associated with bank. The only disturbance proposed in this area is the replacement of broken pipe at the Mill River outlet, which is exempt as a “Project in or affecting protected zones or resource areas containing areas already degraded or developed.” The area includes a significant amount of erosion, and the proposed pipe and concrete pad does not include permanent disturbance that will exceed the amount of degraded area, and should improve existing conditions. Consistency with the WPA: The work is a riverfront area redevelopment, although an alternatives analysis was provided. As a redevelopment, the Commission may allow work “to redevelop a previously developed riverfront area, provided the proposed work improves existing conditions. Redevelopment means replacement, rehabilitation or expansion of existing structures, improvement of existing roads, or reuse of degraded or previously developed areas. A previously developed riverfront area contains areas degraded prior to August 7, 1996 by impervious surfaces from existing structures or pavement, absence of topsoil, junkyards, or abandoned dumping grounds. Redevelopment projects must: (a) At a minimum, proposed work shall result in an improvement over existing conditions of the capacity of the riverfront area to protect the interests identified in M.G.L. c. 131 § 40. When a lot is previously developed but no portion of the riverfront area is degraded, the requirements of 310 CMR 10.58(4) shall be met. The site contains large areas of buildings and pavement. The Commission should discuss with the applicant the details of how existing conditions will be improved. (b) Stormwater management is provided according to standards established by the Department. The stormwater standards have been met, although DPW has not yet issued a stormwater permit. (c) Within 200 foot riverfront areas, proposed work shall not be located closer to the river than existing conditions or 100 feet, whichever is less, or not closer than existing conditions within 25 foot riverfront areas, except in accordance with 310 CMR 10.58(5)(f) or (g). The broken outfall to the Mill River includes disturbance up to mean annual high water. Proposed work will replace this pipe within the same footprint. Development work not related to the stormwater system slightly pulls back development from existing conditions, and includes no disturbance within 100 feet of the river. (d) Proposed work, including expansion of existing structures, shall be located outside the riverfront area or toward the riverfront area boundary and away from the river, except in accordance with 310 CMR 10.58(5)(f) or (g). The existing infirmary, associated parking lot, a garage, and a parking lot associated with Sunnyside are all located within RFA, and the footprint of proposed buildings and improvements is located away from the river from these disturbed area limits. (e) The area of proposed work shall not exceed the amount of degraded area, provided that the proposed work may alter up to 10% if the degraded area is less than 10% of the riverfront area, except in accordance with 310 CMR 10.58(5)(f) or (g). The applicant has indicated that existing disturbance within the RFA is 19,665 sf, and that proposed disturbance within the RFA is 22,702 sf. This appears to include areas of temporary disturbance that will later be restored to their natural state, and an overlay of existing and proposed conditions seems to indicate that proposed disturbance is much less than existing. The Commission will need to confirm this with the applicant; otherwise mitigation in accordance with the below criteria will be required, and continuing conditions requiring When an applicant proposes restoration on-site of degraded riverfront area, alteration may be allowed notwithstanding the criteria of 310 CMR 10.58(5)(c), (d), and (e) at a ratio in square feet of at least 1:1 of restored area to area of alteration not conforming to the criteria. Areas immediately along the river shall be selected for restoration. Alteration not conforming to the criteria shall begin at the riverfront area boundary. Restoration shall include: 1. removal of all debris, but retaining any trees or other mature vegetation; 2. grading to a topography which reduces runoff and increases infiltration; 3. coverage by topsoil at a depth consistent with natural conditions at the site; and 4. seeding and planting with an erosion control seed mixture, followed by plantings of herbaceous and woody species appropriate to the site; Staff Recommendations: The project, with the clarifications noted above, meets applicable performance standards. Additional low impact design stormwater management techniques such as bioswales could improve water quality, but are not required. An Order of Conditions, to include standard conditions, can be issued. Additional suggested conditions: 33. The stormwater O&M plan shall include an ongoing provision for inspection of the outfall, rocks, and concrete pad, at the discharge point to the Mill River, and repair to this area as necessary. The applicant shall be responsible for ensuring that the Mill River path is not adversely impacted by this structure and remains passable. 34. The stormwater O&M plan shall include provisions for inspection of the proposed level spreader and surrounding area. Any erosion of this area shall be considered a violation of the WPA and Wetlands Ordinance, and shall be immediately reported to the Conservation Commission. 35. The area shown as existing trail shall be allowed to return to its natural state. 35. The applicant shall inspect the area shown as existing trail prior to November 30 of each year to determine if it is still being used as a trail, and shall replace damaged plantings and repair erosion if needed. If it is still being used as a trail after three growing seasons, the applicant shall prepare a plan to create a formal trail in this location or prepare a plan for annual revegetation and erosion repair. Documentation of compliance with this condition shall be included in the Notice of Intent. 37. The Conservation Commission shall be provided with an electronic copy of the draft SWPPP for review and comment prior to its final submittal. 38. The areas shown as no-mow on project plans shall remain permanently vegetated, and shall be marked with appropriate signage selected by the applicant. 6:00 PM Request for Determination of Applicability to determine if milling, resurfacing and related maintenance work is subject to the Wetlands Protection Act. MassDOT. Route 9 ROW, Williamsburg town line south to Florence St intersection. Applica tion Overview: The application proposes milling and resurfacing of Route 9, to also include repairing catch basins, inlets, manholes, replacing highway signs and berms, and other related work. Consistency with the WPA: MassDOT is exempt from local ordinance provisions. Additionally, the work is also exempt from riverfront area provisions, as maintenance of existing roadways. Portions of the project include priority/estimated habitat, but the work is likely exempt from NHESP review. As it is limited to existing disturbed areas, the project as proposed should not create any alterations to resource areas. Staff Recommendations: A negative determination can be issued by checking box 2 to indicate that work is within resource areas, but does not constitute an alteration. Conditions requiring erosion control where work is within RFA and buffer zones, and notification prior to the start of work and when work is complete should be added.