246-0736.pdfDATE:August 21, 2019 Municipality NORTHAMPTON
(city/town)
RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER
The Department of Environmental Protection has received a Notice of Intent filed in accordance with the
Wetlands Protection Act (M.G.L. c. 131, §40):
Applicant:
Address:
LOCUS:
PARADISE CITY LANDSCAPE DESIGN
50 RUST AVENUE
80 BARRETT STREET
Owner:ASTER ASSOCIATES, LLC
Address:133 CHESTNUT STREET
AMHERST, MA, 01002
This project has been assigned the following file # :WE 246-0736
Although a file # is being issued, please note the following:
Commissioner
MARTIN SUUBERG
Secretary
MATTHEW A. BEATON
Lieutenant Governor
KARYN E. POLITO
Governor
CHARLES D. BAKER
A FILE NUMBER ONLY INDICATES THAT THE APPLICATION CONTAINS THE MINIMAL
SUBMITTAL REQUIREMENTS AND IS ADMINISTRATIVELY COMPLETE - NOT THAT THE
INFORMATION IN THE APPLICATION IS ADEQUATE FOR ISSUANCE OF AN ORDER OF
CONDITIONS.
436 DWIGHT STREET, SPRINGFIELD, MA 01103 413-784-1100
WESTERN REGIONAL OFFICE
DEPARTMENT OF ENVIRONMENTAL PROTECTION
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
COMMONWEALTH OF MASSACHUSETTS
NORTHAMPTON, MA 01060
[1] Insufficient information is included in the NOI to permit the project. Resource areas do not appear to be
correctly shown and insufficient information is included to show how the work complies with the regulations.
[2] A wildlife habitat evaluation is likely required, per 310 CMR 10.54(4)(a)5. The Commission should review
whether or not any "limited" project is appropriate for the proposed work.
[3] Regarding Project #1, the stormwater pipe, it can certainly be removed from the resource area but it cannot be
put back in. The regulations clearly prohibit placing a stormwater discharge into BVW or Bank. There must be a
setback. As this could be considered a new conveyance, the commission might consider requiring compliance with
the stormwater standards.
[4] Please provide manufacturers data to the commission on the Filtrexx system. It was not included in the
paperwork to MassDEP.
[5] Plans and the narrative should reflect regulatory language to avoid confusion.
This information is available in alternate format. Call Donald M. Gomes, ADA Coordinator at 617-556-1057. TDD# 1-866-539-7622 or 1-617-574-6868.
http://www.mass.gov/dep
Printed on Recycled Paper
PARADISE CITY LANDSCAPE DESIGN
50 RUST AVENUE
NORTHAMPTON, MA 01060
[6] What will be the impact downgradient of the site as more water will be moving offsite because of the raising of
the existing berm. Dredging might be considered if appropriate.
[7] For the work in the buffer zone, the regulations allow commissions to require appropriate vegetation be added
to the buffer in order to protect the interests of the Act. "Where a Buffer Zone has already been developed, the
Issuing Authority may consider the extent of existing development in its review of subsequent proposed work and,
where prior development is extensive, may consider measures such as the restoration of natural vegetation
adjacent to a esource Area to protect the interest of M.G.L. c. 131, § 40.
[8] The Commission may require that a replication checklist and a monitoring report be submitted per the
Massachusetts Inland Wetland Replication Guidelines (https://www.mass.gov/media/1523011) should BVW
alterations be warranted (i.e., unavoidable) and permitted
[9] To help ensure that conservation commissions have sufficient expertise available to address specific issues
regarding an applicant’s filing, M.G.L. c. 44, section 53g gives Commissions authority to charge a fee for the
employment of outside consultants that allow for the use of the fee to ensure that they have the necessary
information for them to make a decision pursuant to the Wetlands Protection Act, M.G.L. c. 131, sec. 40 and 310
CMR 10.00.
If you have any questions regarding this letter, please contact: MARK STINSON @ (413)-755-2257
Cc: Northampton Conservation Commission, CITY HALL, 210 MAIN STREEET RM 11, Northampton, MA, 01060
Owner: Aster Associates, LLC, 133 Chestnut Street, AMHERST, MA, 01002
Representative: Paradise City Landscape Design, 50 Rust Avenue, NORTHAMPTON, MA, 01060
This information is available in alternate format. Call Donald M. Gomes, ADA Coordinator at 617-556-1057. TDD# 1-866-539-7622 or 1-617-574-6868.
http://www.mass.gov/dep
Printed on Recycled Paper