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2019.05.23 Staff Report.doc To: Conservation Commission From: Sarah LaValley RE: Staff Report, May 23 Commission Meeting 5:30 PM – Continuation - Notice of Intent for dumping ground remediation within bordering vegetation wetland and riverfront to unnamed stream. Work to include landfill excavation, removal of buried solid waste, and restoration to pre-construction conditions. MassDOT. 155 Locust Street, Map ID 23B-013 Application Overview: The application proposes removal of buried solid waste at the former Mass Highway garage on Locust Street, and restoration of the area. Work will include a temporary roadway for access, removal of waste with heavy equipment, screening and backfilling of clean soil, and creation of a restoration area with hydric soils and native plantings. The Commission previously issued Orders of Conditions for this work in 2014, and again in 2018. Proposed resource area impacts have increased significantly, from 0 lf to 300 lf of bank, 22,650 sf to 25,323 sf of riverfront, and 5500 to 10,976 sf of BVW. The applicant explained at the previous hearing that discrepancies are due to survey datum problems. Wetlands have been reflagged onsite. DEP Comments: MassDEP recommends the Commission keep the NOI hearing open until the 401 WQC has been issued so there is no conflict between permits. Staff have spoken with DEP, and the WQC will be issued as soon as the MEPA process is complete, likely on May 24. The WQC will have one additional condition, which staff have included in the suggested conditions for the Order. Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance The final section of the application details compliance with the WPA – staff has no concerns with the applicant’s assessment. Although MassDOT is not subject to the local Ordinance, The work is both a limited project, and a project that will ‘improve the natural capacity of a resource area,’ so work is permitted within the Protected Zone. Staff Recommendations: The sole purpose of the project is to mitigate and correct a previous unpermitted disturbance, and help restore the wetlands, riverfront, and buffer zone. Apart from construction impacts, the project creates no new alterations, and will represent an overall improvement. An Order of Conditions should be issued, with standard conditions. The following conditions should also be included: 34. The fence at the rear of the property must be removed prior to issuance of a certificate of compliance. 35. The isolated wetland at the northern portion of the site shall not be disturbed during construction. 37. An annual report, in accordance with the Massachusetts Inland Wetland Replication Guidelines, shall be provided to the Commission by November 30 of each year, for the first three growing seasons. The report shall contain all elements required in monitoring the wetland replacement area, and shall detail how and to what extend the replacement area meets the General Performance Standards and the Wetland Replication Plan in the NOI. If non-compliance with any Performance Standards or the Replication Plan is documented, the report shall include a draft “corrective plan of action.” 38. Prior to the issuance of a certificate of compliance, the applicant shall demonstrate that at least 75% of the surface of each replacement areas has been re-established with indigenous wetlands plants. 39. The Commission shall be given 48 hours notice prior to the beginning of construction of each wetlands replication areas, to allow for discussion of requirements and to ensure compliance with all special conditions. 40. The applicant shall evaluate the 20 trees and 60 shrubs proposed for upland restoration areas prior to a request for a certificate of compliance. Any plantings not surviving at that time shall be replaced. 41. Future alterations areas shown on NOI plans as Wetland Replication Area and Riverfront Mitigation Areas, except as may be required to maintain them in restored or mitigated condition, are prohibited. Allowable activities include removal of species listed on the Massachusetts Prohibited Plant list and planting of native species. 42. A minimum depth of 12-inches of wetland soil shall be provided in the Wetland Restoration Area 5:45 PM - Continuation - Notice of Intent for multi-use path construction. City of Northampton, Rocky Hill Road/Rocky Hill Greenway, Map ID 37-049 Culverts are being redesigned to meet stream crossing standards. Continue the hearing, with no discussion held now, until June 13 at 5:30 PM. 5:45 PM – Request for Determination of Applicability to determine if stormwater basin construction within buffer zone to bordering vegetated wetland is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. CED Northampton Solar. Burts Pit Rd, Map ID 35-080 Application Overview: The application proposes construction of a proposed stormwater basin at the solar facility, a portion of which will be located within buffer zone to BVW. The Commission previously confirmed resource area boundaries. Riverfront area exists on the site but no work is proposed in that area. A section of fencing initially proposed for buffer zone to IVW has been shifted outside resource areas. Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance, Staff Recommendation: The site has been used for gravel extraction, and is disturbed. The area where the basin is proposed includes some dumping of asphalt and other materials, and is primarily absent of ground story vegetation. If the Commission agrees that the work should not impact the resource area, issue a negative determination by checking box 3 to indicate that the work is within the buffer but will not result in a new alteration. Include standard conditions. 6:00 PM – Request for Determination of Applicability to determine if drainage work within riverfront area (Mill River) is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. Fairway Village Condominiums, c/o HPMG. Fairway Village, Map ID 16A-020. Application Overview: The application proposes installation of a new catchbasin and piped stormwater connection to the main Fairway Village system. This is proposed to collect runoff from the paved parking area and roof leaders that are currently sheetflowing down a steep bank to the Mill River, exacerbating erosion. Removal of dumped previously unpermitted small riprap at the top of slope is also proposed, along with revegetation with loam and seed. Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance, Staff Recommendation: All work will take place on currently paved areas. Untreated flow from the driveway is currently flowing across the lawn and toward the River, causing erosion during storms, and the project will direct that flow towards the system. It was not clear from the application where the ultimate discharge from the system is, or whether it is treated. Roof leaders are clean flow and could remain along the grass, but are proposed to be connected to the system to reduce bank erosion. The Commission could discuss other alternatives that were considered with the applicant. If the Commission agrees that the work should not impact the resource area, issue a negative determination by checking box 2 to indicate that the work is within resource area (riverfront) but will not result in a new alteration. Include standard conditions. Other Items: Request for Certificate of Compliance, Todd Cellura, 92 Turkey Hill Rd, DEP File 246-418 An Order of Conditions was issued in 1997 for construction of a common driveway. Although work was completed two decades ago, an engineer’s statement regarding the project is provided. An energy dissipater and rip rap swale were not constructed, but the engineer and staff did not observe erosion, and this likely resulted in less overall disturbance. A complete certificate of compliance can be issued. Request for Certificate of Compliance, Tanya Hart, 60 Federal Street, DEP File 246-702 The Commission issued an Order of Conditions in 2017 for conversion of a former barn area to a studio space. The Order required construction conditions, as well as conversion of a former lawn near the Mill River to understory. This has been done, and a plant list is included. A complete certificate, with ongoing conditions prohibiting use as a residence, and prohibiting conversion of the planted area, can be issued. An engineers report was not included but is not necessary due to the type of work. Review Proposed Ordinance Amendment, Violation Process Staff are authorized to issue civil infractions for violations of the Northampton Wetlands Ordinance. This is only done after consultation with the Chairman, and quick action is generally needed. The process for issuing infractions for conservation areas require Commission approval, which limits the immediate action necessary for serious violations. If the Commission agrees, staff will put forward an amendment to Section 40-5 of the Code to allow staff to issue violations of the Commission’s land use regulations. Approve and Sign Conservation Restrictions – Rocky Hill Greenway to MassAudubon Conservation Restrictions are required pursuant to CPA funding. Staff have worked with MassAudubon to hold CR’s on two recent acquisitions in the Rocky Hill Greenway, and with Kestrel Land Trust on a ‘catch-up’ restriction for several parcels within the Broad Brook/Fitzgerald Lake Greenway.