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2019.07.25 Staff Report Conservation Commission Staff Report 1 July 25, 2019 To: Conservation Commission From: Sarah LaValley RE: Staff Report, July 25 Commission Meeting 5:30 PM – Continuation Request for Determination of Applicability to determine if installation of a perimeter drain and drywell within riverfront area (Mill River) is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. Jeff Marney/660 Riverside Drive LLC. 660 Riverside Drive, Map ID 23C-037 Work proposed includes installation of a perimeter drain and connection to a dry well to address ponding and drainage issues on the site. Work will take place in existing paved/gravel areas approximately 130 feet from the bank of the Mill River. Application Overview: All work will take place within existing disturbed areas, and retaining water onsite temporarily in a drywell should not alter drainage characteristics of the area. Staff notes that the base plan includes monitoring wells and items related to a past spill response and mitigation. The applicant must verify that no limitations on excavation at the site exist; mobilization of subsurface chemicals or petroleum within the riverfront would have negative impacts. The Commission should discuss with the applicant at the hearing. The work should otherwise not create any new alterations. If hazardous materials questions are addressed, issue a negative determination by checking box 2, to indicate that the work is within an area subject to protection, but will not alter. Include standard conditions. Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance, Staff Recommendation: 5:35 PM – Request for Determination of Applicability to determine if resource area boundaries are accurately delineated and whether the area is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. John Ewing. Old Wilson Road Map IDs 44-116, 136 & 137. The RDA seeks to confirm wetland boundaries only, no work is proposed. Staff will verify flags in the field prior to the meeting. If no concerns are found, issue a positive determination by checking box 1, to note that the area is subject to protection under the Act, 2a, to indicate that the delineation is accurate, and 5, to indicate that the area is subject to the Ordinance. Application Overview, Staff Recommendation: 5:40 PM – Request for Determination of Applicability to determine if deck construction within riverfront area (Mill River) is subject to the Wetlands Protection Act or Northampton Wetlands Ordinance. Jennifer Langheld. 159 Main Street, Leeds. Map ID 10D-21. The application proposes construction of a 4’x4’ deck approximately 150 feet from the Mill River. The proposed location is nearly the farthest location from the resource area that exists on the parcel, and is currently a mown lawn. Application Overview: The Commission should confirm construction details with the applicant. Conservation Commission Staff Report 2 July 25, 2019 10.02(2)(b)(1)establishes minor activities that are not subject to regulation under the Act. These include “conversion of lawn to uses accessory to residential structures such as decks… Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance, Staff Recommendation: 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.” The work Check box 6 modified to indicate that the work is subject to the Ordinance, and box 5 to indicate that the area is subject to protection under the Act, but that it qualifies for the exemption noted above. The Commission should be notified at least 48 hours prior to work, and again when work is complete. Erosion control is not necessary due to the limited disturbance and distance from resource area. 5:50 PM: Notice of Intent for driveway construction within bordering vegetated wetland and buffer zone. Jerome and Susan Camposeo, Coles Meadow Rd, Map ID 08-70 The application proposes construction of a driveway to access a future single-family home. Work includes alteration of 4,406 square feet of BVW, 5,028 square feet of 0-50 foot buffer and 2,496 square feet of 50- 100 foot buffer. The application proposes replication of 4,406 square feet of wetlands. Conceptual locations of a house and septic system are shown on plans, but that work is not proposed as part of this application. Previous and somewhat similar NOI applications were denied under the Northampton Wetlands Ordinance in January 2014, and again in June 2017. These followed findings by the Commission that work was not qualified as a Limited Project according to the interpretation guidelines in DWW Policy 88-2, and work could therefore not be allowed in the Protected Zone pursuant to the Ordinance. Following the most recent denial, the applicant appealed the Commission’s decision in Superior Court. The applicant and the Commission entered into a Settlement Agreement (‘Agreement, ’attached) which allowed a resubmittal of the Notice of Intent, under certain terms. Application Overview: Consistency with the Agreement The driveway to the site of the proposed single-family residence and septic system shall originate near the intersection of the northerly boundary of the PROPERTY with Coles Meadow Road, and run roughly parallel to said boundary. Plans propose a driveway situated as described. Also shown on the plan will be a building envelope, within which the aforementioned residence will be constructed. The OWNERS will not be obligated to provide detailed building plans to the COMMISSION for said residence, which shall be situated further than 100 feet from a jurisdictional wetland on an approved wetlands delineation. Nothing herein shall be deemed a waiver of jurisdiction should any improvements encroach into an area within the COMMISSION’s jurisdiction. Plans show a rough location of a house and septic system. Any and all portion(s) of the aforesaid driveway that cross wetlands (the “WETLANDS CROSSING(S)”) shall be supported at its edge by a gabion, concrete block or solid concrete wall so as to minimize the width of any wetland impacts. Plans show a ‘vehicle turnout area’ immediately adjacent to the proposed wetlands replication area that is not supported by a gabion wall. Plans do not include a detail for the turnout or the driveway, and it is not clear what the surface of the turnout is proposed to be, or how impacts will be contained within buffer zones areas and at the replication area. The base of the WETLANDS CROSSING(S), i.e. to the outer edge of the aforementioned wall, shall be no wider than sixteen (16) feet. (e) The driveway itself shall be up to, but no more than, twelve (12) feet in width. Conservation Commission Staff Report 3 July 25, 2019 The turnout is more than double the agreed-upon width, and does not include a wall. The driveway flares at the street, increasing width to 20. Additional alteration from culvert installation at this location increases the crossing disturbance to 25 linear feet. Not fewer than three (3) open-bottom culverts, spaced not more than 100 feet apart, a minimum of 12 inches high or more if required to sufficiently accommodate drainage, shall be installed along the aforesaid driveway where it crosses the wetlands. Plans show one culvert and two flow equalization devices (FED). Open areas within the culverts appear less than 12” in height. It is 200 feet from the first culvert at Coles Meadow Road to the first FED. Wetlands replication by the OWNERS will be proposed at a 1:1 ratio. The COMMISSION acknowledges this replication proposal in the context of the settlement; but it reserves the right to evaluate and determine the appropriateness of the same during the public hearing hereinafter referenced and to ensure that proper mitigation is provided. The application proposes replication at a 1:1 ratio. § 337-10 D of the Northampton Wetlands Ordinance (section attached) contain performance standards for wetlands replication. Many of these standards to not appear to have been met. The Commission should note that a 1:1 replacement is permitted only “if the applicant demonstrates to the Commission that the replacement wetland is a restoration and will provide wetland values equal or greater than the wetland values being lost” If the applicant is attempting to replace a wetland through replication, the area of replication must be up to twice as large as the area of the original wetland that will be destroyed Conveyance of Pedestrian Access. In lieu of constructing a driveway along the southerly boundary of the PROPERTY as originally proposed, the OWNERS shall site the driveway as described in Paragraph 2, above, and shall convey to the City of Northampton, in fee simple, a strip of land (the “STRIP OF LAND”), no more than nine (9) feet in width, running alongside the southerly boundary of the PROPERTY as aforesaid, in its entirety, and thereby providing access to the City-owned land situated easterly of the PROPERTY. This is shown on plans as described. Gift of Funds. The OWNERS shall likewise make a charitable gift to the City of Northampton, in an amount not-to-exceed $15,000.00, for use by the City in developing a boardwalk through wetland portion(s) of the STRIP OF LAND, including and limited to acquisition of boardwalk material(s) and the purchase or rental of any equipment required to install the same. Said boardwalk will span only the wetlands, and no other portion(s) of the STRIP OF LAND. This will be completed when and if the Order is issued. The Agreement states that “It is expected that, if the plan is in substantial conformance with the requirements above, the COMMISSION will approve the same subject to reasonable condition(s).” Staff Recommendation: The terms of the settlement have not yet been fully met, and revisions are necessary. The Commission should request all revisions, clarifications, additional information and details necessary to meet the Agreement and be able to evaluate the work proposed, and continue the hearing. If the Commission deems the work as proposed to be advantageous, the Agreement could be revised with a majority vote. SETTLEMENT AGREEMENT WHEREAS Jerome and Susan Camposeo (the “OWNERS”) are the owners-of- record of that certain property off Coles Meadow Road in Northampton, Massachusetts, unnumbered, identified in the City Assessor’s records as Parcel 08-070 (the “PROPERTY”), whereupon the Owners wish to construct single-family residence, septic system and accompanying driveway providing access thereto and therefrom; and WHEREAS the Northampton Conservation Commission (the “COMMISSION”) is a duly-appointed public body in the City of Northampton, Massachusetts, responsible for the administration of the Wetlands Protection Act (the “ACT”), see G.L. c. 131, § 40, of the regulations promulgated thereunder, see 310 CMR 10.00, et seq., and of the City’s own Wetlands Protection Ordinance (the “ORDINANCE”) and accompanying regulations; and WHEREAS a Notice of Intent was submitted by the OWNERS to the COMMISSION, dated on or about September 16, 2016, for the aforementioned construction of a driveway on the PROPERTY, as a Limited Project, so-called, where all other work on the PROPERTY will occur beyond the geographical jurisdiction of the COMMISSION, e.g. the single-family residence and septic system referenced above; and WHEREAS, following a review of the foregoing submittal and a series of public hearings thereon, the COMMISSION granted the OWNERS an Order of Conditions under the ACT but denied them an Order of Conditions under the ORDINANCE; and WHEREAS litigation ensued, namely Camposeo v. Northampton Conservation Commission, Hampshire County Superior Court Docket No. 1780CV00117 (the “LAWSUIT”), wherein the OWNERS challenge the aforesaid denial as, inter alia, arbitrary and capricious, erroneous and unsupported by substantial evidence; and WHEREAS the COMMISSION disputes the same, believing its denial to be neither arbitrary and capricious nor erroneous, and supported by substantial evidence; and WHEREAS during the pendency of the LAWSUIT, specifically following an Order from the Superior Court allowing the OWNERS to present additional evidence to the COMMISSION in support of certain allegations advanced in the litigation, the OWNERS and the COMMISSION (together, the “PARTIES”) discussed and negotiated a potential resolution of the LAWSUIT and the underlying Notice of Intent to their mutual satisfaction, thereby avoiding prolonged litigation; and WHEREAS neither the OWNERS nor the COMMISSION concede(s) the merits of the other’s claims or defenses, but instead believe it to be in their mutual interest to fully and finally resolve their differences, i.e. the LAWSUIT, on the terms and conditions hereinafter recited; and WHEREAS said terms and conditions are the product of negotiation and compromise by the PARTIES; 2 NOW, THEREFORE, for good and valuable consideration and the mutual promises and recitations set forth herein, the receipt and sufficiency of which are hereby acknowledged, the PARTIES hereby agree as follows: 1. Remand. Immediately upon the execution hereof by both PARTIES, a Motion shall jointly be submitted by them in the LAWSUIT seeking from the Superior Court a remand to the COMMISSION for further proceedings in accordance with Paragraphs 2 through 6, below. The Superior Court shall not relinquish jurisdiction; and for failure of any of the contingencies stated in Paragraph 5, below, the LAWSUIT shall immediately be resumed. Fulfillment of all the PARTIES’ obligations to follow and satisfaction of said contingencies, however, shall resolve the lawsuit and the same shall be dismissed per Paragraph 6, below. 2. Resubmittal. Following execution hereof as aforesaid, the OWNERS shall resubmit their Notice of Intent to the COMMISSION, accompanied by a plan for the PROPERTY revised as follows: (a) The driveway to the site of the proposed single-family residence and septic system shall originate near the intersection of the northerly boundary of the PROPERTY with Coles Meadow Road, and run roughly parallel to said boundary. (b) Also shown on the plan will be a building envelope, within which the aforementioned residence will be constructed. The OWNERS will not be obligated to provide detailed building plans to the COMMISSION for said residence, which shall be situated further than 100 feet from a jurisdictional wetland on an approved wetlands delineation. Nothing herein shall be deemed a waiver of jurisdiction should any improvements encroach into an area within the COMMISSION’s jurisdiction. (c) Any and all portion(s) of the aforesaid driveway that cross wetlands (the “WETLANDS CROSSING(S)”) shall be supported at its edge by a gabion, concrete block or solid concrete wall so as to minimize the width of any wetland impacts. (d) The base of the WETLANDS CROSSING(S), i.e. to the outer edge of the aforementioned wall, shall be no wider than sixteen (16) feet. (e) The driveway itself shall be up to, but no more than, twelve (12) feet in width. (f) Not fewer than three (3) open-bottom culverts, spaced not more than 100 feet apart, a minimum of 12 inches high or more if required to sufficiently accommodate drainage, shall be installed along the aforesaid driveway where it crosses the wetlands. (g) Wetlands replication by the OWNERS will be proposed at a 1:1 ratio. 3 The COMMISSION acknowledges this replication proposal in the context of the settlement; but it reserves the right to evaluate and determine the appropriateness of the same during the public hearing hereinafter referenced and to ensure that proper mitigation is provided. No new or additional filing fee shall be required of the OWNER in connection with the above resubmittal, where said fee has heretofore been paid. A public hearing shall be conducted by the COMMISSION on the above revised submittal and plan, the same to be noticed in accordance with the Act and Ordinance. Upon conclusion of the public hearing, the Commission shall vote on the issuance of an Order of Conditions to the OWNERS for the work contemplated in the Notice of Intent and shown on the plan as updated. It is expected that, if the plan is in substantial conformance with the requirements above, the COMMISSION will approve the same subject to reasonable condition(s). 3. Conveyance of Pedestrian Access. In lieu of constructing a driveway along the southerly boundary of the PROPERTY as originally proposed, the OWNERS shall site the driveway as described in Paragraph 2, above, and shall convey to the City of Northampton, in fee simple, a strip of land (the “STRIP OF LAND”), no more than nine (9) feet in width, running alongside the southerly boundary of the PROPERTY as aforesaid, in its entirety, and thereby providing access to the City-owned land situated easterly of the PROPERTY. The OWNERS shall be responsible for the creation of a plan showing the STRIP OF LAND to-be-conveyed to the City; for pursuing and obtaining an approval-not- required (ANR) endorsement from the Planning Board, see G.L. c. 41, ¶ 81P, dividing the same from the remainder of the PROPERTY (with the required notation that the STRIP OF LAND shall not be deemed buildable); and for all costs and expenses associated therewith. No wetland disturbance authorized by the Order of Conditions shall occur unless and until the STRIP OF LAND is conveyed to the City and the accompanying PROCEEDS are paid to the City per Paragraph 4, below. 4. Gift of Funds. The OWNERS shall likewise make a charitable gift to the City of Northampton, in an amount not-to-exceed Fifteen Thousand and 00/100 Dollars ($15,000.00) (the “PROCEEDS”), for use by the City in developing a boardwalk through wetland portion(s) of the STRIP OF LAND, including and limited to acquisition of boardwalk material(s) and the purchase or rental of any equipment required to install the same. Said boardwalk will span only the wetlands, and no other portion(s) of the STRIP OF LAND. Development of the boardwalk shall occur only following conveyance of the STRIP OF LAND per Paragraph 3, above; shall be the sole responsibility of the COMMISSION, or the City of Northampton, not the OWNERS; and shall be performed by City employees or others engaged by the City for said purpose, in either case at the City’s cost and expense. The PROCEEDS shall be placed in an escrow account with disbursements made therefrom, from time to time, based on the City’s documented expenses, and any balance remaining upon completion of the boardwalk or five (5) years from the date of conveyance of the STRIP OF LAND, whichever first occurs, shall be refunded to the OWNERS. The PROCEEDS shall be the OWNERS’ sole monetary contribution to improvement of the STRIP OF LAND; the OWNERS shall have no responsibility for clearing of the same, improvements, future maintenance, etc. No representation is made by the COMMISSION herein as to whether the foregoing gift shall 4 qualify as tax-deductible and the settlement negotiated hereunder is not contingent in any way on its deductibility; provided, however, that the City shall provide the OWNERS with a receipt therefor in the usual course, which shall include the name of the municipality, a description of the property, the purpose for which the gift shall be used, the date of the receipt, a statement that no goods or serves were received in return for the gift and an advisory that the donor consult with a tax professional about the tax implications of the gift under both state and federal law. 5. Contingencies. The OWNERS shall not be required to convey the STRIP OF LAND, per Paragraph 3, above, or make payment of the gift of PROCEEDS, per Paragraph 4, above, unless the following contingencies are first satisfied: (a) The Superior Court has remanded proceedings to the COMMISSION, effectively staying the LAWSUIT, such that the OWNERS’ litigating position is not compromised or in jeopardy. (b) The COMMISSION has issued an Order of Conditions in accordance with Paragraph 2(a) to 2(f), above, with conditions that can be reasonably satisfied by and/or are acceptable to the OWNERS. (c) All applicable appeal period(s) following the issuance of the aforesaid Order of Conditions have passed without the filing of any appeal, or, if an appeal is filed, at the conclusion of the process the OWNERS have a permit essentially as outlined in this Agreement. (d) The OWNERS have made application for and received a building permit, together with any other ancillary permit(s), required for the construction of a single-family residence, septic system and driveway on the PROPERTY. 6. Litigation; Dismissal. Should either PARTY fail to fulfill its preceding obligations hereunder, or should any of the aforementioned contingencies not be satisfied, the LAWSUIT between the PARTIES may be resumed at any time. In all other instances, upon completion of the actions contemplated by Paragraphs 2 through 4, above, and satisfaction of the contingencies in Paragraph 5, above, the PARTIES shall file with the Superior Court a Stipulation of Dismissal of the LAWSUIT, with prejudice, without costs and with all rights of appeal waived. 7. Costs. Each PARTY hereto shall be responsible for its own costs, expenses and attorney fees incurred in connection with pursuit of or defense against the LAWSUIT and fulfillment of each PARTY’s obligations hereunder. 8. Further Cooperation. Each of the PARTIES to this AGREEMENT shall take any and all actions reasonably necessary or reasonably requested by a PARTY hereto to ensure compliance with and effectuation of the terms and conditions hereof. 5 9. Drafting. The PARTIES acknowledge that they have each participated in the drafting and preparation of this AGREEMENT; as such, in any construction made of this AGREEMENT, the same shall not be construed strictly for or against any PARTY. 10. Informed Decision. The PARTIES hereby represent and acknowledge that this AGREEMENT is given and executed voluntarily and is not based upon any representation(s) by the other PARTY as to the merits, legal liability or value of any claims or defenses of the PARTIES or any matters related or unrelated hereto. The PARTIES acknowledge that they have each been afforded an opportunity to consider and negotiate this AGREEMENT and the terms and conditions set forth herein, that they have read and fully understand the terms of the AGREEMENT and that they have been given an opportunity to consult with legal counsel of their choice prior to executing this AGREEMENT. 11. Entire Agreement. By their execution hereof, the PARTIES agree that the foregoing constitutes the sole and entire AGREEMENT between them with respect to the subject matter hereof, that no representation, promise or inducement not included herein shall be binding upon any of them and that no modification of this AGREEMENT shall be of any force or effect unless signed by both of the PARTIES hereto. 12. Counterparts. This AGREEMENT may be executed in counterparts by the PARTIES hereto and each shall be considered an original insofar as the PARTIES hereto are concerned, but together said counterparts shall comprise one (1) AGREEMENT. A signed copy of this AGREEMENT transmitted by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy hereof for all purposes. 13. Severability. The PARTIES agree that, should a court of competent jurisdiction declare any portion of this AGREEMENT to be invalid, in whole or in part, said portion shall be excluded to the extent of such invalidity; all other terms and conditions hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid portion hereof shall be deemed replaced with term(s) and/or condition(s) that are valid and enforceable and that come closest to expressing the intentions of the PARTIES hereto as of the date hereof. 14. Governing Law. This AGREEMENT, all transactions contemplated hereunder and all obligations, rights and remedies of the PARTIES hereto shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts. 15. Authority. The PARTIES each represent and warrant that the persons executing this AGREEMENT on their behalves, if applicable, have been authorized to execute and to bind them hereto, and that all actions necessary to confer such authority upon those individuals, if any, have been taken, including but not limited to any requisite vote of the Northampton City Council to effect a settlement of the LAWSUIT as contemplated hereunder. 6 IN WITNESS WHEREOF, the PARTIES execute this Agreement as of this ___ day of _______________, 2018. ____________________________________ Jerome Camposeo ____________________________________ Susan Camposeo Northampton Conservation Commission By: _________________________________ _________________________ Duly-authorized 11    General Industrial, Special Industrial, Planned Village, Medical, Urban Residential‐B and Urban  Residential‐C Zoning Districts, within those portions of the Water Supply Protection Overlay  District which was zoned industrial as of January 1, 2006, the Conservation Commission hereby  waives any of the § 337‐10 performance standards that are over and above state law with the  exception of the setback requirements in the Protected Zone Table (1), and the requirements in  § 337‐10E(2)(b).  [Amended 2‐17‐2011]    C.   To encourage infill development, which generally has a smaller environmental footprint than  development in outlying areas, in the Business Park Zoning District for nonresidential uses only, the  Conservation Commission hereby waives any of the § 337‐10 performance standards that are over  and above state law, except as provided in this subsection. All removal, filling, dredging, or altering  of any wetland shall be mitigated by the creation of artificial or replacement wetlands, with the  replacement wetland built at 115% of the size of the area which was disturbed.    D.   Artificial or replacement wetlands. If the applicant demonstrates to the Commission that the  replacement wetland is a restoration and will provide wetland values equal or greater than the  wetland values being lost, the Commission may allow replacement wetlands to be the same size as  the disturbed area. If the applicant is attempting to replace a wetland through replication, the area  of replication must be up to twice as large as the area of the original wetland that will be destroyed.  In those instances where replication is approved by the Commission the following conditions must  be met:  (1)   At minimum, the replicated wetland must reproduce the values and functions of the original  wetland as determined by the Conservation Commission. Site conditions permitting, the  Commission may require that additional values and functions be incorporated into the  replication design. In particular, in circumstances where replacement of specific functions  and values would require substantial amounts of time before being completely replicated  (for example, those provided by large mature trees), the Commission may require  additional compensation of area, functions, values, etc. beyond those required in other  sections of this chapter.  (2)   In most instances, the replication of wetlands will result in the destruction of adjacent  buffer zone areas. In such instances, replication or additional permanent preservation of  new buffer zone areas may be required.  (3)   The top 12 inches of soil from the original wetland must be transplanted with soil structure,  especially lamination and density profile, intact to the replication area. This is intended to  preserve plant, invertebrate, and planktonic communities of the wetland and inhibit the  blossoming of invasive species.  (4)   Any replication or restoration work that creates a resource on abutting properties shall  require an easement from the abutting property owner covering the full extension of the  resource on that property prior to commencement of the work.  (5)   Standards for the replication shall be specified and verified in terms of functions, values,  and actual performance. Technical and engineering specifications used for design and  construction shall be considered approximate. Criteria for acceptance and approval shall be  12    based solely on function and performance as specified in the order of conditions. In other  words, replications will be evaluated on what they are expected to do, not how closely  actual construction matched the plan. For example, although elevations may be used for  design and planning of a pond, the standards shall be set in terms of volume and depth of  water over the course of a year. In vernal pool replication, the pool must be capable of  sustaining full development of vernal pool species, regardless of design elevations or siting.  (6)   Replications that do not properly perform the approved functions and values as specified in  the order of conditions will not be deemed acceptable no matter how closely they adhere to  approved engineered plans.  (7)   The Commission may set other conditions on a project‐/site‐specific basis.  (8)   For limited development projects, as defined in the Wetlands Protection Act regulations,  where it is not be practical to lay out an element of the project without a wetlands  replication, the Commission may waive some or all of the requirements of this section.    E.   Work within upland areas adjacent to wetlands. A growing body of research evidence suggests that  even "no disturbance" areas reaching 100 feet from wetlands may be insufficient to protect many  important wetland resource characteristics and values. Problems with nutrient runoff, erosion,  siltation, loss of groundwater recharge, poor water quality, vegetation change and harm to wildlife  habitat are greatly exacerbated by activities within 100 feet of wetlands. These impacts may  happen either immediately, or over time, as a consequence of construction, or as a consequence of  daily operation. Thus, in general, work and activity within 100 feet of wetlands should be avoided  and discouraged and reasonable alternatives pursued.  (1)   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 written and plan view assessment, that  reasonable alternatives to the proposed work or activity do not exist.  (a)   The Commission may allow the alteration of up to 20% of the area within the fifty‐ foot to one‐hundred‐foot buffer zone on a lot, or up to 2,000 square feet on a lot  within a cluster subdivision. This is a total, cumulative allowance for all projects on  a lot developed since the City first adopted a wetlands protection ordinance (August  17, 1989). The proposed work must have no significant adverse impact on the  resource area, and the applicant must provide evidence deemed sufficient by the  Commission that the area being disturbed will not harm the resource area values  protected by the law.  (2)   The Commission shall not permit alteration within resource areas or their associated  protected zones, subject to the following exceptions:  [Amended 2‐17‐2011]  (a)   Projects in areas downgradient of wetlands.  (b)