2015.09.24 Staff Report
To: Conservation Commission
From: Sarah LaValley
RE: Staff Report, September 24 Commission Meeting
Date: September 22, 2015
5:30 PM – Notice of Intent for slope stabilization, dock installation and septic system
replacement work within riverfront (CT River) , bank, land subject to flooding and
buffer zone. Kim Urban, 140 Riverbank Rd, Map ID 25-3.
Application Overview:
The application proposes stabilization of riverbank that was damaged by a storm in 2014. The
Commission allowed tree removal and limited stabilization work via an emergency certification at
that time. Work includes removing fallen trees, including roots, grading the slope, placing erosion
control blanket, seeding and planting with native species, and removal of invasive species. Existing
large boulders already onsite will be reset as needed. A retaining will be installed to replace a
degraded wall, and stairs and gangway are proposed to be removed and reconstructed. The footprint
of the staircase will be slightly larger than existing to meet building code. All machinery work will be
conducted from the top of slope. Additionally, if the septic system is damaged during work, it will be
replaced, and a deck will be removed and replaced if required for construction access. Work is
proposed within bank, BLSF, riverfront area, and buffer zone.
DEP Comments:
The Commission shall wait for 30 days or comments received from NHESP, whichever is first, before
it closes the public hearing.
“
NHESP’s letter indicates that
will not adversely affect
this project, as currently proposed, the actual
Resource Area Habitat of state-protected rare wildlife species. Therefore, it is our opinion that this project meets the
state-listed species performance standard for the issuance of an Order of Conditions.”
Chapter 91 license may be required. Application and transmittal form are available on the MassDEP
website http://www.mass.gov/eea/agencies/massdep/water/approvals/wetlands-and-waterways-
forms.html#2. If necessary, contact MassDEP Waterways Program at 617-292-5929 for direct
mailing or provide information why license is not required.
DEP has confirmed that there is no Chapter 91 license exists for the dock. The Commission should
require a license prior to construction.
Consistency with the Wetlands Protection Act
Performance Standards:
BANK
The project proposes alteration to 65 linear feet of bank. Pursuant to 310 CMR 10.54, Projects proposed
on bank must not impair:
The physical stability of the Bank
The project is proposed solely to make the bank more stable.
The water carrying capacity of the existing channel within the Bank;
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The work will restore the bank to pre-storm conditions, its scope should not impact any river
flows
Ground water and surface water quality
The project will include plantings to stabilize what is currently an eroding area. A turbidity
curtain will be used during construction to trap any sediment.
The capacity of the Bank to provide breeding habitat, escape cover and food for Fisheries
Large portions of the bank are currently void of most vegetation, and the proposal includes
native plantings
The capacity of the Bank to provide important wildlife habitat functions. A project or projects on
a single lot, for which Notice(s) of Intent is filed on or after November 1, 1987, that
(cumulatively) alter(s) up to 10% or 50 feet (whichever is less) of the length of the bank found to
be significant to the protection of wildlife habitat, shall not be deemed to impair its capacity to
provide important wildlife habitat functions.
Because the project alters more than 50 feet of bank, a wildlife habitat assessment is required to
evaluate the portions of bank that can provide “Food, shelter and migratory and breeding areas
for wildlife, and overwintering areas for mammals and reptiles,” and how the project will affect
those areas. The assessment indicates the presence of limited habitat features, and recommends
appropriate plantings and invasive removal as mitigation, both of which are proposed in the
NOI. Many habitat features found will not be disturbed as part of the project.
No project may be permitted which will have any adverse effect on specified habitat sites of Rare
Species, as identified by procedures established under 310 CMR 10.59.
It does not
BLSF
The project will not result in a decrease in compensatory flood storage.
Riverfront
310 CMR 10.58 requires that riverfront projects:
Meet the performance standards for all other resource areas within the riverfront area
It does
No project may be permitted within the riverfront area which will have any adverse effect on
specified habitat sites of rare wetland or upland, vertebrate or invertebrate species
Again, comments from NHESP must be incorporated.
There must be no practicable and substantially equivalent economic alternative to the proposed
project with less adverse effects on the interests identified in M.G.L. c. 131 § 40.
The applicant did not provide an alternatives analysis as required. However, in staff’s opinion
the project could also qualify as “Redevelopment Within Previously Developed Riverfront
Areas,” and this designation may be more appropriate. The bank includes ‘existing structures or
pavement’ and has been altered by stabilization measures in the past. Standards for that work
are:
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September 24, 2015
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 work proposed will result in an improvement
Stormwater management is provided according to standards established by the Department.
Single family home, not applicable.
Within 200 foot riverfront areas, proposed work shall not be located closer to the river
than existing conditions or 100 feet, whichever is less,
The stairs and dock extended into the river, this will not change.
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
The stairs and dock are proposed to be rebuilt in the same locations
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… 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.
Evaluation of the amount of degraded area is difficult due to the bank erosion, but generally, the
project is an overall restoration of pre-storm conditions. The Commission should include a
finding that the project as proposed will not constitute an increase in degraded area. Aside from
the dock, stairs, and septic replacement if needed, the entirety of the stabilization project
qualifies as mitigation as defined in the CMR.
Consistency with the Northampton Wetlands Ordinance
The entirety of the project is proposed within the Protected Zone. The Ordinance allows work in the
Projects which will improve the natural
Protected Zone only in certain circumstances, including
capacity of a resource area(s) to protect the interests identified in MGL c. 131, § 40, and Projects in
or affecting protected zones or resource areas containing areas already degraded or developed.
The Commission should include a finding that the work meets the criteria.
Staff Recommendations:
The bank stabilization should constitute an overall improvement, and meets all performance
standards. Issue an Order, with standard conditions. Invasives removal is proposed, for which the
Commisison typically requires ongoing reporting. However, due to the limited amount of invasives,
it seems unnecessary here. Additional conditions below are also recommended:
A Chapter 91 license for the dock, or proof that no such license is required, must be obtained prior to
the preconstruction meeting.
A request for certificate of compliance shall be accompanied by a report evaluating the success of
native plantings. Any plantings not surviving at that time must be replaced.
The applicant shall notify the Commission when the turbidity curtain is proposed to be removed.
The applicant shall notify the Commission if the septic system requires replacement to set up erosion
control inspection prior to replacement work taking place.
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The Commission should also consider the maintenance plan proposed in appendix D, and make any
changes it deems necessary as this will become part of the permit during the life of the Order.
5:50 PM Notice of Intent for routine maintenance and repair activities on municipal
properties, rights of way, easements, roads and structures, within buffer zone to
wetlands, water bodies and banks, riverfront area, land subject to flooding, and
streams and channels. Northampton Department of Public Works.
Application Overview:
The DPW has had a standing Order of Conditions for several years. This allows DPW to conduct
maintenance activities, as described in the application, without the requirement for individual
permits. The previous Order has been extended several times, and this application simplifies the
descriptions of work and notification into a document that will be useful during the life of any Order
issued. The activities proposed run the gamut of all of the wide variety of activities conducted by the
DPW, including guardrail replacement, catchbasin repair, snow storage, and many more.
It explicitly does not allow any work within BVW or vernal pools.
DEP Comments:
This reviewer has met with DPW and the Commission agent and discussed this bundled NOI. Those
comments should be reflected in a revised narrative. Please ensure MassDEP is copied on any revisions to
this NOI.
Some slight revisions were made at DEP’s request. The activities proposed remain the same.
Staff Recommendations:
Staff has worked with DPW on projects included under many times, and the bundled Order has
allowed required work to take place with appropriate levels of staff review to ensure resource areas
are protected. The application is explicit about what is allowed under the Order and what is not, and
the application text includes the majority of conditions that staff would recommend.
Standard conditions should not be included, as these would not apply to the majority of projects.
Suggested conditions:
Reiterate the notification/approval processes provided in the NOI, which staff agrees is appropriate,
and has found very important.
This Order does not permit any work within Priority or Estimated Habitat of rare species.
All other required permits must be obtained prior to conducting any work
6:15 PM Request for Determination of Applicability to determine whether
reconstruction of a home destroyed by fire with addition of deck within riverfront
(Mill River) is subject to the Wetlands Protection Act or Northampton Wetlands
Ordinance. Moses Miller. 167 Main St Leeds. Map ID 10D-19
Application Overview:
The application proposes reconstruction of a home destroyed by fire, on the same foundation, with
the addition of a covered porch, including stairs, on the river side of the house. An emergency
certification was issued for demolition of the home, as well as for filling in of an in-ground pool this
summer. The 40’ x 6’ porch is proposed, on piers, approximately 100 feet from bank.
Consistency with the Wetlands Protection Act
replacement within the same footprint of structures
310 CMR 10.58 (6) establishes that The “
destroyed by fire or other casualty is not subject to 310 CMR 10.58 (this is the riverfront
section). This same section also exempts ‘Certain minor activities as identified in 310 CMR
10.02(2)(b)1.’ These activities include “The conversion of lawn to uses accessory to residential
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structures such as decks … provided the activity, including material staging and stockpiling is
located more than 50 feet from the mean annual high-water line within the Riverfront Area”
These exemptions should be noted; the project is not subject to the WPA.
Consistency with the Northampton Wetlands Ordinance
The Ordinance does not include the WPA exemptions applicable here. However, the project is in the
URB zone, which has a reduced Protected Zone of 35 feet. This exemption should also be noted.
Staff Recommendations:
Due to the exemptions noted above, the Commission has limited review over the project. Issue a
negative determination and note the exemptions. Include standard conditions – erosion control is
especially important given slopes. Add a condition that the Determination ONLY applies to the
porch, and work on the same foundation. Any other work will require additional review.
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September 24, 2015