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2014.06.26 Staff Report.docTo: Conservation Commission From: Sarah LaValley Reviewed and Approved by OPD: WF RE: Staff Report, June 26 Commission Meeting Date: June 24, 2014 5:00 PM Request for Determination of Applicability to determine if installation of bog bridges and related trail work is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. Broad Brook Coalition, Fitzgerald Lake Cons Area, Map ID 07-035 Application Overview: The application proposes installation of bog bridges in locations on the Middle Path and Pines Edge trails where trail users have widened trails to avoid muddy areas, or have created temporary bridges by placement of tree limbs. Staff-assisted application, no specific recommendations. If the Commission c0ncludes that the work will not alter a resource area, a negative determination should 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 that area. Any conditions necessary to ensure an alteration will not take place can be added. PT lumber should not be cut within resource areas or buffers. If the Commission decides that any of the activities proposed will alter a wetlands resource area, a positive determination should be issued by checking box 3, that the work proposed is an alteration, and a Notice of Intent is required. 5:15 PM Request for Determination of Applicability to determine if lighting and security upgrades and installation of subsurface fiberoptic cable are subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. VA Medical Center, N. Main Street, Leeds, Map ID 11-001 Application Overview: The application proposes construction of new light poles, bollard-mounted security cameras, and Two of the new light poles, a portion of the ditch for the cable, and one new bollard will take place within 50 feet of BVW, but is located entirely within areas of existing pavement and disturbed areas. The application also proposes a sediment barrier between the work and downgradient resource areas. Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance The applicant has indicated that portions of the work qualify as Limited Projects as “reconstruction, operation and maintenance of underground and overhead public utilities.” This determination is not necessary in this case, as the work will not create 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. Conditions requiring notification prior to and following completion of work, immediately upon any proposed project changes, and requiring erosion control as proposed. 5:30 PM Request for Determination of Applicability to determine if construction of a roundabout and related roadway improvements are subject to the Wetlands Protection Act. MassDOT, Pleasant Street at Dike Road Application Overview: The application proposes construction of a roundabout and related improvements within buffer zone to BVW. Consistency with the Wetlands Protection Act Work is almost extensively limited to existing disturbed areas, and should not create any new alterations. Portions of the work include endangered species habitat, but are likely exempt from review. 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. Conditions requiring sedimentation barriers and checking the condition of those following storm events as described in the application, notification prior to and following the completion of work should be added. 5:45 PM Notice of Intent for driveway construction and bridge to access a proposed single family home. Work to take place in riverfront area (unnamed tributary to Parsons Brook), and buffer zone to bordering vegetated wetlands. Anthony Vachelli, Sylvester Road, Map IDs 20-006 and 20-010 Staff Recommendations: St aff recommends, with consent of the applicant, that the hearing be continued with no discussion until the next Conservation Commission meeting in July (date tbd) This will allow the applicant to address questions regarding compliance with state Water Quality Certification requirements, check boundaries of resource areas, and develop a mitigation plan that meets the standards of the Northampton Wetlands Ordinance. 6:30 PM Request for Determination of Applicability to determine if drain culvert and driveway apron replacement are subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. Rufus Zogbaum, 307 Audubon Rd, Map ID 05-52 Application Overview: The application proposes replacement of an oil and stone driveway apron within existing footprint, and replacement of a broken driveway culvert. The culvert is located between two BVW, but does not carry active flow and is not considered bank – its main purpose is to prevent driveway inundation when groundwater is highest during the spring. Both will take place within buffer zone to BVW. Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance Work is proposed within the Protected Zone, but is limited to in-kind replacement of existing disturbed driveway areas. However, item 7 on the work estimate, which describes adding TRG from the culvert repair to the electrical transformer could be new alteration, and should not be allowed if so. Staff Recommendations: The Commission should discuss the material of the pipe with the applicant to ensure that it will be an appropriate material that will not fail or impede flow, and also clarify the item discussed above. If these are addressed, a negative determination can be issued by checking box 2, to indicate that the work is within an area subject to projection, but will not remove dredge fill or alter. Conditions requiring notification prior to and following completion of work, immediately upon any proposed project changes, and requiring that no work take place outside the footprint of the existing driveway should be added. 6:45 PM Request for Determination of Applicability to determine if construction of an addition is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. Fred & Rose Neiber, 29 Winter Street, Map ID 24D-33 Application Overview: The application proposes construction of an addition between the 50-100 buffer zone to BVW. The project will be 16x24’, and will be installed on sonotubes. Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance This area is potentially within the floodplain to a wetlands area, but this is not mapped, and there are no elements of the WPA or Ordinance that allow the Commission to consider this. As proposed, the project should not create any new alterations to the resource area as the area is currently configured. All work is outside the Protected Zone. 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. Conditions requiring notification prior to and following completion of work, immediately upon any proposed project changes, and requiring erosion control should be added. Request for Certificate of Compliance – 307 Audubon Road, Map ID 05-052, DEP File 246-391 As the applicant explains, this project does not appear to ever have been undertaken. Issue a complete certificate of compliance; checking the box to indicate that the Order was invalid, as work was not begun. Issuance of this certificate is necessary to allow consideration of the RFD filed for the same property.