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2021.03.25 Staff Report Conservation Commission Staff Report 1 March 25, 2021 To: Conservation Commission From: Sarah LaValley RE: Staff Report, March 25, 2021 Commission Meeting 5:30 PM – Continuation: Notice of Intent for building rehabilitation and related site work, including HVAC and generator installation, and stormwater drain line within riverfront area (Mill River). Community Growth Partners, 20 Ladd Ave, Map ID 30B-084 Application Overview: The application proposes rehabilitation of an industrial building for use as an indoor cultivation facility of cannabis. The site work outside of the building includes the installation of concrete pads for HVAC equipment and an emergency generator, three new sets of concrete stairs to building entrances, a new drain line for storm runoff, a new walkway, and an ADA ramp. Work within riverfront is 4 concrete pads, a set of concrete steps, and 125 feet of the new drain line that will replace an existing pipe in poor condition. These structures lie just within the boundary of the Riverfront Area, which runs along the edge of the existing building DEP Comments: [1] Has file number 246-0604 received a Certificate of Compliance? This OOC was issued for this site in 2008. The commission should review any required restoration and/or mitigation per that Order and ensure that the requirements of 310 CMR 10.58(5)(h) are met. Staff response: Yes, the Commission issued a complete certificate of compliance for that project in 2018. [2] The applicant has proposed an improvement over existing conditions by planting of native species in the Riverfront. Per DEP regional guidance, Acceptable improvements include, but are not limited to: 1) Significant net reduction of impervious surfaces; 2) Planting of indigenous plant species; 3) Providing stormwater management demonstrably in excess of what is required per 310 CMR 10.05(6)(k) through (q); 4) Removal and proper disposal of noxious but otherwise legally located materials. Staff response: Noted. The Commission should evaluate the work proposed as riverfront improvement to ensure that it is sufficient, and require additional improvements if warranted. Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance, Staff Recommendation The application narrative, p. 2, includes an assessment of the work’s compliance with which staff agrees. Work is proposed as work in previously degraded riverfront, under which the area qualifies as a developed site with pavement and structures. The work does expand these degraded areas, and nine shrubs are proposed to be planted along the edge of pavement closest to the river as an improvement. Work is not proposed within the Protected Zone established by the Ordinance. The Commission should discuss the proposed plantings, whether any additional improvements are necessary to satisfy 310CMR 10.05 cited, and require any revisions needed. An Order of Conditions, with standard conditions, and a requirement for monitoring plantings for two growing seasons can be issued. Conservation Commission Staff Report 2 March 25, 2021 5:45 PM – Notice of Intent for construction of a single family home, driveway reconstruction and related site work with riverfront and buffer zone. Harvey Ashman and Linda Doucette Ashman. 176 Turkey Hill Rd. Map ID 34-16. Application Overview: The pplication proposes demolition of an existing SFH, and construction of a new SFH and site work, including driveway grading and stormwater, with bioretention, utilities, garage, on a 39.75 acre parcel. Riverfront area work associated with a tributary to Parsons Brook located across Turkey Hill Road will take place at the bottom of the driveway, and buffer zone disturbance at the proposed home site on a plateau with wetlands and intermittent streams. The Commission issued a negative determination for well installation, including a requirement that the equipment staging area be restored by July 2021, and that this area shall not be represented as degraded in the NOI application. As a single family home, the project is exempt from the state stormwater standards as part of wetlands permitting, but is required to meet the standards pursuant to the City DPW stormwater permit process. Resource area boundaries were previously confirmed in fall 2020. DEP Comments: [1] Please note that tree debris piles, if in the Riverfront, do not constitute degraded area. It is likely that only the driveway in the Riverfront is to be considered as degraded area. Degraded area is defined as having impervious surfaces from existing structures or pavement, there is an absence of topsoil, junkyards, or abandoned dumping grounds, that were legally and lawfully located prior to August 7, 1996. Noted. The applicant has provided revised degraded area figures that remove these areas. [2] The commission should ensure that the proposed area of work in the Riverfront is correctly calculated as 3,900 sq. ft.. All areas inside the limit of work constitute new work area. The applicant should confirm. [3] This reviewer could not find any narrative in the NOI showing how the work complies with the redevelopment standards of 310 CMR 10.58(5). The narrative appears to primarily discuss the Northampton Wetlands Ordinance which MassDEP does not review. The applicant indicates that the project meets redevelopment standards by: (a) Improves existing conditions by stabilizing the pavement surface and providing water quality measures at the bottom of the drive. Improves existing conditions by providing a separate system to manage water falling on the upper portion of the drive and the new house. (b) Stormwater is being managed by balancing pre and post flows and uses the bioretention area to clean the water prior to leaving the property per the attached stormwater permit application. (c) Proposed work is not closer to the perennial stream than existing conditions, and greater than 100’ from the perennial stream. It is located at the outer edge of the 200’ Riverfront Area buffer boundary and is located within the existing disturbed area, except for the location of a portion of the biorention basin component of the proposed stormwater system. (d) The majority of the proposed work for the project area located as far from the River as possible. The 134 LF of driveway within the Riverfront Area is separated from the river by Turkey Hill Road and a 4’ high earthen berm. The proposed work for the construction of the new house, garage and other changes are on the upland plateau over 500’ away, located completely outside the Riverfront Area, and manages its stormwater independently. (e) Proposed work does not exceed the amount of degraded area, except for the bioretention area proposed to manage water quality running off the drive. The existing degraded area within the outer 100‐200’ Riverfront Area is 2,552.88 SF, or 3.68% of the Total Riverfront Area. The proposed work would modify up to 5.62% of the Riverfront Area, adding an additional 1,339.79 SF of disturbance to provide water quality treatment through a bioretention structure. Conservation Commission Staff Report 3 March 25, 2021 Staff note: Revised calculations for degraded area, as well as a revised limit of work, have been provided. These figures should be confirmed with the applicant so they can be accurately represented in the permit. [4] At a minimum, proposed work shall result in an improvement over existing conditions of the capacity of the riverfront area to protect the interests identified in M.G.L. c. 131 § 40. Acceptable improvements include, but are not limited to: 1) Significant net reduction of impervious surfaces; 2) Planting of indigenous plant species; 3) Removal and proper disposal of noxious but otherwise legally located materials. Staff agrees. The Commission should discuss riverfront area improvements (beyond the stormwater cited) for the riverfront to ensure this standard is met and include these as conditions. Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance, Staff Recommendation: The Wetlands Ordinance allows that “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.” The application indicates that “The project will utilize 17.56% of the lot’s allotted 20% of the 50’ – 100’ buffer zone.” This will include driveway relocation and house construction, as well as placement of utilities, grading of existing lawn areas for access, and stormwater management. The Ordinance also requires that 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 applicant provided supplemental responses, previously provided, to indicate compliajnce with this section Staff recommends that the Commission discuss proposed new areas of disturbance within the buffer zone in detail, including measures for restoration and planting where necessary. If the Commissi0n finds that all DEP concerns regarding riverfront area work have been addressed, and that the Ordinance standards are met, issue an Order with standard conditions. Additional conditions suggested: Riverfront area improvements as noted in DEP comments Identification of permanent ‘no disturb’ areas within the buffer zone. The applicant shall provide a plan of these prior to the preconstruction meeting A clear notation of the amount of square footage disturbed within the 50-100 foot buffer zone The application includes proposed tree removal within the buffer zone, but dead standing trees provide habitat value, and their removal will also increase overall buffer disturbance. Eliminating this tree removal should be considered. Any conditions regarding restoration and seed mix. A request for certificate of compliance shall include documentation of these areas Copies of all stormwater O&M reports as required in the stormwater permit to be sent to the Commission. Restroration of the well construction access and other conditions from the Determination.