2016.07.28 Staff Report
To: Conservation Commission
From: Sarah LaValley
RE: Staff Report, July 28 Commission Meeting
Date: July 26, 2016
5:30 PM Request for Determination of Applicability to determine if replacement of an
existing restroom structure is subject to the Wetlands Protection Act or Northampton
Wetlands Ordinance. Shawn Porter, Look Mem. Park, 300 N. Main St, Florence, Map
ID 16A-002
Application Overview:
The application proposes replacement of existing restroom facilities within riverfront to the Mill
River. The new, prefabricated structure will be located on the same footprint as an existing building.
Consistency with the WPA and Northampton Wetlands Ordinance; Staff
Recommendations:
The work as proposed should not create an alteration to the wetlands. Issue a negative
determination by checking box 2 to indicate that the work is in an area subject to protection but will
not remove dredge fill or alter the area. Note that boundaries are not confirmed. Require that the
Commission be notified 48 hours prior to the start of work, and again when work is complete, and
require erosion control as shown on project plans.
5:45 PM Request for Determination of Applicability to determine if resurfacing,
rebuilding drainage structure, bridge repairs, tree trimming, and other maintenance
work on I-91 is subject to the Wetlands Protection Act. MassDOT.
Application Overview:
The application proposes pavement milling and resurfacing, rebuilding drainage structures, replacing
curbs, installing guardrails, recessed pavement markers and reconstructing driveway aprons. Work is
located within buffer zone. The Commission issued a negative determination for this same work in 2013
that is nearly expired.
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 3 to indicate that work is within buffer zones, but
does not constitute an alteration. Conditions requiring erosion control where work is within buffer zones,
and notification prior to the start of work and when work is complete should be added.
Conservation Commission Staff Report 1
July 28, 2016
5:55 PM Request for Determination of Applicability to determine if construction of a
single family home is subject to the Wetlands Protection Act or Northampton
Wetlands Ordinance. Patricia Abbott, Landy Ave, Map ID 23c-006
Application Overview:
The application proposes construction of a new single family home within buffer zone (work
proposed between 40 and 100 feet from) BVW. The lot is currently vacant and is primarily mown
lawn. A 15’ slope is located approximately 40 feet from the edge of the wetland (topo markings on
the plan appear backwards). The application proposes planting of a row of trees and shrubs at the
top of the slope.
Consistency with the WPA and Northampton Wetlands Ordinance; Staff
Recommendations:
Work is located within the URB zone. The Wetlands Ordinance waives most of the provisions for
work within the URB zone, creating a reduced Protected Zone of 35 feet “where development
includes mitigation measures that will improve the existing condition of the wetlands or adjacent
upland.” The slope and vegetation should create an effective no disturbance area, and will increase
the amount of vegetation on the site.
If the Commission agrees that the work proposed will improve existing conditions through the
planting plan shown, and that the house construction will not negatively impact the wetland, issue a
negative determination by checking box 3 to indicate that work is within the buffer zone but will not
constitute an alteration. Include standard conditions, and require that a detailed house plan be
submitted prior to the preconstruction meeting.
6:10 PM Notice of Intent for River Road retaining wall repairs. Work to take place in
riverfront area, land under water, and bordering land subject to flooding to the Mill
River. Northampton DPW, River Road, Leeds. DEP File 246-0694
Application Overview:
The application proposes stabilization of a 1000 foot stretch of the River Road embankment and
retaining wall to address an existing hazard. Work includes removal and replacement of the existing
wall with a cast-in-place concrete retaining wall with a guardrail, including utili9zation of materials
already in place for protection of the toe of slope.
DEP Comments:
The Commission shall wait for 30 days or comments received from NHESP, whichever is first, before
it closes the public hearing.
Consistency with the WPA and Northampton Wetlands Ordinance; Staff
Recommendations:
The project is located within priority/estimated habitat, and Natural Heritage had several concerns
about the project, including questions about lengthening of the wall, restoration details, in-river
machinery, and alternative stabilization. Many of these dovetail concerns under the WPA. The
Commission should request that the applicant go over plan changes in detail, and add any conditions
necessary to following that discussion. IF NHESP has issued a final response, add those conditions.
If a response has not been provided, the hearing must be continued.
Work will be occurring within the Protected Zone to the Mill River, but is permissible as a limited
project. Staff agree that the project meets RFA and other standards to the extent practicable. The
area is already highly disturbed and dangerous, and the work will improve existing conditions. Issue
an Order of Conditions, with standard conditions.
Conservation Commission Staff Report 2
July 28, 2016
6:30 PM Notice of Intent bank stabilization and stream channel structure realignment.
Work to take place in land under water, bordering land subject to flooding and
riverfront area to Roberts Meadow Brook. Northampton DPW, parcel IDs 10-006 and
009, 10B-103 and 15-001. DEP File 246-0693
Application Overview:
The application proposes stabilization and repair of a 450’+/- section of Roberts Meadow Brook
downstream of Musante Beach. This section of stream was relocated in the 1870’s and has been
affected by other major storms. This small unimproved section has been eroding and changing flow
patterns, and current conditions are a 15 foot unstable slope. The project will stabilize the brook
with rip-rap, remove fallen bank elements from the channel, and re-route to its previous straight
course. The application includes access measures, and the project will be completed in one season.
The work also required a Water Quality Certification, which has been issued. It included conditions
related to surface water quality and timing of work during low-flow conditions.
DEP Comments:
MassDEP recommends that the Northampton Conservation Commission keep the NOI hearing open
until DEP has issued the 401 Water Quality Certificate so that there are no conflicts between permits.
Consistency with the WPA and Northampton Wetlands Ordinance; Staff
Recommendations:
The application includes a detailed analysis of compliance with performance standards with which
staff agrees. Staff and several commissioners visited the site and confirmed that if not addressed, the
erosion and destabilization will endanger adjacent private property and the public roadway. The
channel is already partially channelized in concrete, and many iterations of repairs have created a
great deal of disturbance to this section. While staff would prefer a stabilization method to include
plantings and minimize hardscaping, it is understandable that an alternatives analysis is not
favorable to these methods given location challenges.
Issue an Order of Conditions with standard conditions.
6:45 PM Notice of Intent for roadway reconstruction, including utility and culvert
replacement. Work to take place in riverfront area to Day Brook. Northampton DPW.
work to occur place in Audubon Road right of way and easements. DEP File 246-0696
Application Overview:
The application proposes replacement of a deteriorated culvert that carries Audubon Road over Day
Brook, and removal of a no-longer functional concrete weir that runs 40 feet along the length of
Audubon Road. The Weir will be replaced with rip rap armoring, and accumulated sediment will be
dewatered and disposed of in an upland location. Stream flow will be diverted around the work area
Additional roadway repairs and utility work are also included in the overall project, but these are
already approved as part of DPW’s bundled Order of Conditions, and do not require review and
approval here.
DEP Comments:
The project proposes the replacement of one or more stream crossings, yet does not appear to
conform with the General Performance Standards at 310 CMR 10.54(4)(a)(6) and 310 CMR
10.56(4)(a)(5), which require a full span or properly embedded structure 1.2 times the mean channel
width. Conformance with these General Performance Standards is the primary way to demonstrate
the proposed project complies with and contributes to the protection of the interests of the Wetlands
Protection Act. Alternatively, for the replacement of an existing crossing and per 310 CMR 10.53(8),
the applicant may demonstrate that conformance with the Massachusetts River & Stream Crossing
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Standards (Standards) has been achieved to the maximum extent practicable, and shall consider site
constraints in meeting the Standards, undesirable effects of risk in meeting the Standards, and the
environmental benefit of meeting the Standards—compared to the costs—by evaluating the following
criteria:
(1) the potential for downstream flooding;
(2) upstream and downstream habitat (in-stream habitat, wetlands);
(3) potential for erosion and head-cutting;
(4) stream stability;
(5) habitat fragmentation caused by the crossing;
(6) the amount of stream mileage made accessible by the improvements;
(7) storm flow conveyance;
(8) engineering design constraints specific to the crossing;
(9) hydrologic constraints specific to the crossing;
(10) impacts to wetlands that would occur by improving the crossing;
(11) potential to affect property and infrastructure; and
(12) cost of replacement.
Consistency with the WPA and Northampton Wetlands Ordinance; Staff
Recommendations:
DEP’s primary concern is that the project does not meet the MA Stream Crossing Standards, and has
requested that the applicant complete . The applicant has indicated that this information will be
provided at the hearing. If it is not, the hearing should be continued. On a site visit, staff observed a
noncompliant driveway crossing approximately 100 feet downstream, and agree that replacement
with a fully compliant crossing would be of limited utility. The culvert replacement work should
result in an improvement from existing conditions. The Commission should ask whether any
alternatives to rip rap are possible in this situation.
Work will be occurring within the Protected Zone to Day Brook, but is permissible as a limited
project. Staff agree that the project meets RFA and other standards to the extent practicable.
If stream crossing information has been provided, issue an Order of Conditions with standard
conditions, and add any conditions necessary resulting from discussion. Staff will periodically visit
the project to inspect stream diversion and erosion control.
7:00 PM Request for Determination of Applicability to determine if construction of an
addition to a single family home is subject to the Wetlands Protection Act or
Northampton Wetlands Ordinance. Valley Home Improvement, 103 Woods Road,
Map ID 29-585
Application Overview:
The application proposes construction of an addition. The approximate wetland boundaries shown
were obtained from MassGIS, but are approximately accurate. The Woods Road subdivision
required wetlands permitting when originally constructed, and the wetland shown is isolated, and
not subject to the WPA. It functions as a portion of the stormwater system for the area. The addition
is proposed to have a crawl space basement, and no details are provided about the deck.
Consistency with the WPA and Northampton Wetlands Ordinance; Staff
Recommendations:
Work is located within the URA zone, and must comply with all aspects of the Wetlands Ordinance.
At the nearest, work is proposed 60+/- feet from BVW, outside the protected zone. The Commission
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“may allow the alteration of up to 20% of the area within the fifty foot to onehundredfoot buffer
zone on a lot, or up to 2,000 square feet on a lot within a cluster subdivision.” The disturbance
proposed is less than this threshold. Additionally, the Ordinance requires that “Certain areas 50 feet
to 100 feet from wetlands may be suitable for temporary, limited or permanent disturbance as
appropriate when the applicant can demonstrate to the Commission's satisfaction that the proposed
work, activity or use will not affect wetland values singularly or cumulatively and, by means of a
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written and plan view assessment, that reasonable alternatives to the proposed work or activity do
not exist.” The applicant has not provided this information. The Commission should discuss
construction methods (example, is the deck on piers?) and potential alternatives to ensure that this
standard is met. If the Commission agrees that alternatives are not possible and that the work will
not alter the wetland, issue negative determination by checking box 3 to indicate that work is within
the buffer zone but will not constitute an alteration. Check box 2b to note that boundaries are not
confirmed, and box 6 to indicate that the area is not subject to the WPA. Include standard
conditions, and require that a detailed house plan be submitted prior to the preconstruction meeting.
7:10 PM Notice of Intent for trail creation, wildlife blind construction, invasive plant
control and periodic mowing. Work to take place in buffer zone and riverfront area to
Broad Brook. Broad Brook Coalition, parcel ID 6-13, Beaver Brook/Broad Brook Cons.
Area. DEP File 246-0695
Application Overview:
The application proposes a variety of work at the Beaver Brook/Broad Brook conservation area to
facilitate use and access, and manage habitat/
DEP Comments and Staff Notes:
\[1\] The Commission shall wait for 30 days or comments received from NHESP, whichever is first,
before it closes the public hearing
NHESP Comments have not been received as of 7/27. Continue the hearing if not received
\[2\] For the trail work only, the Commission should review and use 310 CMR 10.53(6).
This section of the CMR indicates that the trail work can be considered a limited project, and can be
permitted notwithstanding other performance standards of the Wetlands Regulations.
\[3\] Riverfront Area should be mapped on a plan so the Commission understands jurisdiction. Mean
Annual High Water may be delineated farther out than top of Bank, per 310 CMR 10.58(2)(a)2.b.
The entirety of the work proposed, except for the parking lot on the adjacent property, is within
riverfront area. Due to this and the nature of the work proposed, a full delineation was not
required by staff.
\[4\] If the farm machinery is located in Riverfront area such that it constitutes degraded area, then
the remainder of the work can be submitted as a Redevelopment project, per 310 CMR 10.58(5)
In addition to farm equipment, the site formerly included two dilapidated farmhouses and
associated disturbance; the amount of degraded area on the site exceeds the amount of work
proposed, and staff agree that consideration of the project as redevelopment is appropriate.
\[5\] The herbicide treatment, if not submitted as part of the Riverfront Redevelopment project, would
likely then be reviewable as an Ecological Restoration Limited Project. Please review 310 CMR 10.11
and 310 CMR 10.12. Additional requirements must be met for those type projects.
The invasive plant removal was previously permitted under a still-valid Determination of
Applicability and was included in the NOI narrative to provide a full picture of the applicant’s
plans.
Consistency with the WPA and Northampton Wetlands Ordinance; Staff
Recommendations:
The work proposed meets the performance standards of the WPA for riverfront work in degraded
areas:
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(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.
(b) Stormwater management is provided according to standards established by the Department.
(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).
(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).
(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).
Additionally, work within the Protected Zone (100 feet) to Beaver Brook is allowed as the walking
trails are a limited project. The project will represent an improvement to the conservation area, and
will allow responsible public use. Issue an Order of Conditions with standard conditions. Include a
continuing condition to allow annual mowing as proposed.
7:20 : Public Hearing : Amend Land Use Regulations for the Mill River Greenway to
allow reasonable uses, reasonable limits, enable enforcement, and prevent abuse
The Mill River is a very popular summertime destination for many people. Access to Conservation-
owned riverfront is available and highly utilized from the bike path north of Grove Avenue in Leeds.
Staff suggests the land use regulation amendments shown to reduce trash and allow enforcement
during times of peak usage as necessary.
Elwell Island: Approve ‘No Wake Zone’ sign, Paddlers Trail Camping Update
Staff request permission to install a ‘No Wake Zone’ sign at the northern tip of Elwell Island to
prevent wave damage to the nearby newly installed dock at the CT River Greenway Boathouse off
Damon Road.
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