2015.10.22 Staff Report
To: Conservation Commission
From: Sarah LaValley
RE: Staff Report, October 22 Commission Meeting
Date: October 21, 2015
5:30 PM – Continuation: Notice of Intent for installation of a stormwater outfall
related to the Hinckley St reconstruction project within riverfront (Mill River), and
buffer zone. Northampton Dept of Public Works, 122 Federal St, Map ID 30B-85
The applicant has requested a continuation, with no discussion to be held at this meeting, until
December 17, 2015, at 5:30 PM
Recommendation: Continue the hearing to allow the applicant to continue alternatives analysis.
MassDEP has suggested that when the hearing resumes, the NOI presentation be started from the
beginning. This will allow new Commissioners to participate.
5:30 PM – Request for Determination of Applicability to determine if soil removal
related to an oil release is subject to the Wetlands Protection Act or Northampton
Wetlands Ordinance. Applicant Szawloski Potato Farms, DCR Norwottuck Rail Trail
Property off Damon Road, Map ID 25A-176
Application Overview:
The application proposes to remove soil contaminated by an oil spill in an outflow to the Connecticut
River. Soil will be excavated as needed to achieve acceptable limits, and stone and sand placed in the
excavated area. An absorbent boom will be used to prevent any oil from entering the River, and the
water in the swale will be diverted around the work area.
The applicant has indicated that recent testing has indicated that contamination is still readily
apparent in the sediment and that removal is necessary. A vactor truck will be parked next to the
bike path and suction hose will be extended down the slope to the excavation area. Contractors will
excavate by hand into buckets then suctioned into the vactor truck
Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance
The work as proposed should not constitute an alteration to the riverfront, and the measures taken during
construction will prevent any contamination from migrating.
Staff Recommendations:
Staff’s primary concerns were whether removal of the soil were necessary given the time elapsed
since the spill, and access to the area, due to the steep slopes. The work area has already been
disturbed in prior stabilization efforts. The Commission should discuss whether stone is necessary
given the small amount of soil to be removed. Issue a negative determination by checking box 2, to
indicate that the work is within an area subject to protection (riverfront) but will not constitute an
alteration. Include the following conditions:
NHESP signoff must be received prior to work on the project
All heavy equipment shall remain at the top of the slope.
The Commission shall be notified 48 hours prior to work occurring, and again when work is
complete.
Request for Certificates of Compliance, DEP Files 246-136 and 246-137. Ralph’s
Blacksmith, 36 Smith Street, Map ID 32C-107
Conservation Commission Staff Report 1
October 22, 2015
Application Overview and Staff Recommendations:
The applicant is seeking two certificates of compliance for work permitted in 1985 and 1986.
As noted in the cover letter, original documents relating to these permits are lacking. Staff agrees
with the assessment in the cover letter that the current site on the north side of the building and
those areas towards the resource areas are currently stable and predominately vegetated.
(Please note that the rivers protection act was still a decade away from being passed when these
Orders were issued)
There was a subsequent violation for unpermitted work on this site, which will be addressed in a new
NOI. Staff recommends issuing complete certificates of compliance to allow the work to take place.
Request for Extension of Order of Conditions, DEP File 246-0668. City of
Northampton/Lane Construction. Connecticut River Greenway, Damon Road, Map ID
18-012
Application Overview and Staff Recommendations:
The applicant is seeking a three-year extension for the CT River Greenway Order of Conditions, as
explained in the letter. The WPA regulations outline instances where an extension request may be
denied:
The issuing authority may deny the request for an extension and require the filing of a new Notice of
Intent for the remaining work or a new Abbreviated Notice of Resource Area Delineation in the
following circumstances:
1. where no work has begun on the project, except where such failure is due to an unavoidable delay,
such as appeals, in the obtaining of other necessary permits;
2. where new information, not available at the time the Order was issued, has become available and
indicates that the Order is not adequate to protect the interests identified in M.G.L. c. 131, § 40; or
3. where incomplete work is causing damage to the interests identified in M.G.L. c. 131,
§ 40;
4. where work has been done in violation of the Order or 310 CMR 10.00; or
5. where a resource area delineation or certification under 310 CMR 10.02 (2)(b)2. in
an Order of Resource Delineation is no longer accurate.
None of these situations apply.
Conservation Commission Staff Report 2
October 22, 2015