2021.04.08 Staff Report
Conservation Commission Staff Report 1
April 8, 2021
To: Conservation Commission
From: Sarah LaValley
RE: Staff Report, April 8, 2021 Commission Meeting
5:30 PM – Request for Determination of Applicability to determine if building
demolition and related site work is subject to the Wetlands Protection Act or
Northampton Wetlands Ordinance. Northampton Office of Planning &
Sustainability, 278 Burts Pit Rd, Map ID 30D-16
Application Overview:
The application proposes demolition of a dilapidated house and garage and excavation of a
concrete pad, all within buffer zone to BVW. A subsequent permit application will be submitted
for redevelopment of the site at a later time.
Wetland boundaries shown on the plan are those that were confirmed by the Commission in 2009
as part of a Notice of Intent filed for a project that did not occur. Staff visited the site in the fall,
and confirmed that wetland boundaries are still accurate, and have not shifted toward the work
area since the delineation was completed.
Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance,
Staff Recommendation.
Staff assisted application, no specific recommendation. If the Commission agrees that the work
will not impact any adjacent resource areas, issue a negative determination by checking box 3, to
indicate that the work is within buffer zone to wetlands, adding standard conditions and any
other conditions the Commission deems necessary to protect nearby wetlands. Note that wetland
boundaries are not confirmed. The Commission should discuss plans for revegetating/stabilizing
the site, and any vegetation removal that may be needed to facilitate the removal.
5:50 PM: Notice of Intent pursuant to Northampton Wetlands Ordinance and Request
for Amendment to DEP File 246-735 for residential driveway construction within
buffer zone to wetland resource areas. Timothy Seney, 1087 Westhampton Rd, Map ID
41-70
Application Overview:
The Commission issued an Order under the state Wetlands Protection Act for this projecy in May
2020, but a denial under the Wetlands Ordinance, finding that the application as presented did not
meet the buffer zone requirements of the Ordinance, and that stormwater riprap drainage swales
with settling pools would alter the buffer zone, would create significant adverse impact on the
resource area, and that the work would harm the resource area values protected by the law through
erosion and siltation. Plans submitted at that time did not show a house location, and a DPW
stormwater permit had not been applied for. This required since the total project will disturb more
than one acre, but the project, as a single-family home, is not required to meet DEP stormwater
standards as part of the wetlands process. A permit for the revised project has now been issued.
Revisions to the plans retain the same driveway footprint, but now include an identified house
location, Deletion of stone lined stormwater basins/settling pools, addition of one rain garden and
three small infiltration pools in the upper portion of the site, addition of an infiltration basin near the
site entrance, addition of a wet swale west of the driveway for the first 350 ft providing water quality
Conservation Commission Staff Report 2
April 8, 2021
treatment, addition of a level spreader is proposed west of station 4+00 on the driveway to convey
flows from uphill drainage areas into the wetland via sheet flow are now shown.
Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance:
The review letter from Stockman Associates asserts that the work is a limited project.
Limited Project driveway crossing under 310 CMR 10.53(3)(e), contending that “no reasonable
alternative means of access from a public way to uplands of the same owner is available.” ‘Limited
Projects’ can be permitted by the Conservation Commission notwithstanding the performance
standards and regulations for inland wetlands. The limited project provisions provide Commissions
with discretion to consider certain types of projects that do not meet all applicable performance
standards, and allow for exceptions to the CMR standards. However, a hardship was created in this
instance when adjacent upland property previously in common ownership was sold, and an
easement over upland was not retained. This lot is a portion of a larger lot that was divided into four
parcels, and three other building lots served by a common driveway were created from the original
parcel. This parcel was not considered to be a developable lot by the Planning Board at that time.
The Northampton Wetlands Ordinance allows for reduction of some performance standards, such as
work in Protected Zones. No work in Protected Zones is proposed, and a reduction in WPA
standards in not necessary, but the Commission must find that all applicable local performance
standards are met prior to issuing a local Order.
Section 337-10 (E) of the Ordinance provides additional standards for “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.
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.
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.
The work meets the threshold limit. The Commission should consider the sections highlighted.
Staff Recommendation:
If the Commission agrees that the revised project meets all Ordinance performance standards,
include this as a finding and issue an Order. Include standard conditions, all conditions from the
DPW stormwataer permit, and additional conditions:
Conservation Commission Staff Report 3
April 8, 2021
The expiration date of the Order issued under the WPA will not be extended, note this consistency in
the conditions for clarity.
Except for the footprint of the driveway access, all areas shown on referenced plansheets as being
within wetland resource areas and buffer zones shall remain in a natural and undisturbed state.
Alteration within these areas, including but not limited to, removal of vegetation, construction of
buildings, maintenance of driveway that extends beyond the driveway footprint, and creation of
lawn, is prohibited without review and approval pursuant to the Wetlands Protection Act and
Northampton Wetlands Ordinance.
The applicant and contractor shall develop a specific plan to prevent alteration to wetlands areas
during construction. This plan shall include specific provisions, and must be included in the
sequencing plan.
Request for Certificate of Compliance, Michael Cialek, 1175 Westhampton Road,
DEP File 246-571
The Commission issued an Order in 2005 for construction of an addition, 30 feet from BVW.
The Order included only standard conditions, and a requirement for an as-built plan. Staff visited
the site and found no issues.
Request for Partial Certificate of Compliance, Syncarpha Solar, Park Hill Rd, DEP
File 246-723
Staff visited the site and verified that work was completed as permitted, and the site is stabilized.
A complete certificate cannot be issued at this time due the requirement in the Order that “A
request for certificate of compliance shall include an assessment of all tree plantings following three
growing seasons. Any plantings not successful at that time shall be replaced.”
Bittersweet is growing very quickly around the newly planted trees, and the applicant/property
owner should take quick action to eliminate this invasive before it damages the saplings.
Issue a partial certificate as requested, noting permanent conditions prohibiting
herbicide/pesticide, and limiting annual mowing to between September 15 and December 31.
Request to Use Montview Conservation Area for Tag Sale
The Conservation Restriction for Montview, held by Meadow City Conservation Coalition, from
which the request is being made, specifies that group activities may be allowed following approval of
the conservation commission to ensure that any proposed activities are consistent with the
conservation values of the area. The Commission should discuss plans for dates, parking, limit of the
activity on the site, and cleanup of the area.
Request to Use Conservation Properties for Activities Where a Fee Is Charged
Adventure East, a local for-profit, is requesting to utilize the Saw Mill Hills for a hike where a fee
would be charged. Commission approval is required pursuant to the land use regulations.
If the Commission approves the request, either as a single event or as a group, in addition to any
conditions required by the Commission after consideration of participants, the fee being charged, and
the location, staff also requests that:
1. Any flier, announcement, email or press must provide credit that the events are on permanently
protected open space owned by the City of Northampton
2. We must be notified before each such tour and ensure that there are no conflicts (work parties
etc.) with staff reserving the right to deny specific events based on work parties, environmental
conditions (e.g., wet conditions) or other potential conflicts.
3. Clear anytime that the fee is mentioned that there is no charge for access to Northampton Open
Spaces, and the fee is only for programming (this protects the City under the recreation liability
statute)
4. Pre-scouting and parking carefully planned to make sure that all parking is all legal and will not
interfere with neighbors or public roads