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2020.12.10 Staff Report Conservation Commission Staff Report 1 December 10, 2020 To: Conservation Commission From: Sarah LaValley RE: Staff Report, December 10, 2020 Commission Meeting 5:30 PM – Notice of Intent under local wetlands Ordinance for construction of a residential driveway within buffer zone to an isolated vegetated wetland. Judy Snyder and Karen Korvek, 0 Sylvester Rd, Map ID 28-78 Application Overview: The application proposes construction of a 12 foot wide driveway to access a future single family home within the 100 foot buffer of an 475 sf isolated vegetated wetland (IVW). The driveway is located as far as possible away from the wetland within the parcel boundary. Three white pine trees within the buffer are proposed to be removed. Drainage patterns are not proposed to change, and no additional runoff will be directed to the IVW. DEP Comments: None, Resource area under local jurisdiction only Consistency with the Wetlands Protection Act, Staff Recommendation: The Wetlands Ordinance includes a provision whereby the 100-foot buffer zone, or the resource area itself, related to an isolated wetland 400 sf in size or less may be exempted, but at 475 sf, this area is above that threshold. It is below the 1,000 sf area to be considered a presumptive vernal pool. No alteration is proposed within the Protected Zone. Page 16 of the NOI application includes an assessment of the project’s compliance with applicable Ordinance performance standards. Permanent impacts to the buffer zone are 18.8% of the 50-100 foot buffer zone, within the 20% allowance. The Commission should discuss how grading impacts will be allowed to ‘re naturalize’ to ensure these impacts do not become permanent. The work as proposed can meet the performance standards of the Ordinance, if the Commission agrees that the work will not have a ‘significant adverse impact on the resource area,’ an Order of Conditions with standard conditions can be issued. Additional conditions suggested to protect resource area values: Trees must should be dropped away from the resource area to prevent related disturbance within the buffer from equipment. Leaving sections of trunk within the buffer area to decompose would provide habitat for amphibians; important if the IVW serves any breeding potential. The Commission should discuss plantings within the buffer with the applicant, either trees as part of significant tree replacement, or additional shrub/understory species. Require markers as proposed in the application, silt fence/limit of work, and a permanent requirement that the remainder of the buffer zone within the parcel as shown on project plans remain undisturbed. Request for Certificate of Compliance, 30 Hawthorne Terrace Note: Correct Registry reference is Book 4202 page 40 This Order of Conditions related to construction of a house, driveway and portions of a septic system within 75-100 feet of BVW. Limit of work and extent of lawn were required to conform to plans Conservation Commission Staff Report 2 December 10, 2020 submitted with the Order. The Order did not require an as-built plan, but did require a statement by an engineer or wetlands consultant. The only continuing condition was the standard condition to alert future property owners in deeds. Staff was not able to locate original 1993 permit plans, but wetland areas are located to the south of the house, away from lawn areas. Based on consultant statement and information available, recommend issuance of a certificate of compliance.