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2021.10.28 Staff Report.pdf October 28 2021 Staff Report To: Conservation Commission From: Sarah LaValley RE: Staff Report, October 28 2021 Commission Meeting 5:30 PM, Continuation - Notice of Intent for construction of two single family homes and shared driveway in buffer zone to BVW. Mary Cadorette, Cardinal Way, Parcel 36-245. Application Overview: This application is significantly modified from the initial request, which proposed a shared driveway from the southern serving two separate lots. The application now proposes construction of two dwellings and a shared driveway on one lot, with work in buffer zone to both BVW and IVW. The remaining parcel is not a building lot and is planned to be transferred to the abutting property owner. DEP Comments: This reviewer recommends that the 200 Foot Riverfront Area edge be marked in the field prior to the construction of the access driveway. Is the remainder of the RFA that is on this parcel going to be continued to be mown or will it be allowed to restore itself back to native vegetation. Staff response: The comment was issued in response to the prior site plan. Consistency with the WPA and Northampton Wetlands Ordinance The project involves buffer zone only; as such does not have WPA performance standards. All work is confined to the 50-100 foot buffer; the revised plan pulls all work from the Protected Zone. Ordinance 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 application indicates that “work within the 50 foot to 100 foot buffer zone is minimized to limited the only area that will allow access to the upland portion of the site. The proposed driveway has been limited to ten foot wide. Approximately 130 linear feet of the proposed driveway will be located within the 50-100 foot buffer zone. A silt fence barrier shall be placed along the proposed limits of work, as shown on the accompanying site plan, prior to the start of any work. The barrier shall be maintained until all work has been completed and the site is stable. Boulders shall be placed long the 100 foot buffer zone to demarcate the allowable limits of mowing/maintenance area.” 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 50-100 foot buffer zone disturbance proposed is 1,863 sf; 9% of the area between the 50-100 foot area on Lot 1. The application states that “The proposed project will have no significant adverse impact on the resource area which runs along Cardinal Way. The re-establishment of vegetation within the remaining buffer zone areas will allow the project to have no significant impact on the Bordering Vegetated Wetlands and the Isolated Wetland.” Staff Recommendations: The City’s zoning provisions that permit two-family by-right allow for two condominium dwellings to be constructed on a single lot, which allows for a reduction in the proposed amount of resource and buffer zone disturbance, and reduces common driveway requirements. If the Commission agrees that Ordinance standards have been met, an Order with standard conditions can be issued. Add a requirement that an Approval Not Required Plan is approved by the Planning Board prior to the preconstruction meeting, and any markers or use limitations on the buffer zone area within lot 1 that the Commission finds necessary to protect the buffer area. 5:50 PM, Request to Amend Order of Conditions for guardrail installation to add additional guardrail location on Chesterfield Road. DEP File 246-756, Sylvester Rd, and new guardrail Sylvester, Chesterfield & Kennedy Rds, Arch St. Northampton DPW Application Overview: The Commission issued an Order of Conditions in September for new guardrails on Kennedy Road, Sylvester Road, and Arch Street. DPW has identified another location on Chesterfield Road where road geometry and shoulder conditions create safety concerns, and proposes to add guardrail within buffer zone, with 819 sf of permanent impact and no mitigation proposed. Consistency with the WPA and Northampton Wetlands Ordinance, Staff Recommendations: Milling mulch is proposed to be installed below the guardrails to protect the road surface and provide easier maintenance. Staff suggests that the Commission discuss whether it is possible to reduce or eliminate surface impacts. Possible mitigation should also be discussed. If the Commission agrees that the change is of a relatively minor nature, an amendment can be issued. 6:00 PM, Request to Amend Order of Conditions for culvert sliplining to add culvert rock ramps for wildlife passage. DEP File 246-724, Burts Pit Rd. Northampton DPW Application Overview: The Commission issued an Order in 2018 for culvert sliplining on Burts Pit Road. Work has been completed, but Army Corps of Engineers Permitting required placement of rounded river rocks at culvert outlets to create ramps to help facilitate wildlife passage. This work must be completed for the project to be in compliance with the ACOE general permit. Consistency with the WPA and Northampton Wetlands Ordinance, Staff Recommendations: The work represents an additional disturbance to land under water and BVW, but is proposed solely for wildlife passage benefits. If the Commission agrees that the change is of a relatively minor nature, an amended Order, with a requirement that all work with machinery take place from the roadway, can be issued. The Commission should generally discuss whether these features should be required as part of all projects involving culvert work. 6:15 PM, Notice of Intent for accumulated woody debris removal within bank, riverfront, and land under water, Mill River at the Rt 10/South St bridge. Northampton DPW Application Overview: The application proposes removal of large woody debris from the Mill River channel beneath the South Street bridge at the flood control drop structure. Machinery is proposed to access the west bank of the river, and extract material with a grapple hook. DEP Comments: [1] The commission needs to wait to close the public hearing until NHESP has issued it determination. Noted. An NHESP determination has not been issued as of 10/27 [2] The commission might review the NOI also per the provisions of 310 CMR 10.53(7) which states “The Notice of Intent for any projects involving the construction, repair, replacement or expansion of public or private infrastructure shall include an operation and maintenance plan to ensure that the infrastructure will continue to function as designed. Implementation of the operation and maintenance plan as approved by the Issuing Authority shall be a continuing condition that shall be set forth in the Order of Conditions and the Certificate of Compliance.” The Commission should discuss ongoing maintenance plans of the structure with the applicant. [3] A Chapter 91 license may be required for the in river work or the applicant may submit a Request for Determination of Applicability to the Waterways Program in Boston via the online program at https://www.mass.gov/how-to/ww04-request-for-determination-of-applicability The applicant should note this requirement. Staff Recommendations: The hearing cannot be closed until NHESP issues a determination. When NHESP provides comment, those must be incorporated into the Order. DPW has requested a 10-year Order, but Orders can be valid for a maximum of 5 years; these may be extended upon request. The Commission should discuss plans for disposal of the woody material, and measures to limit spread of invasive plants. 6:30 PM, Request for Determination to determine if placement and maintenance of CT River navigational channel markers will alter resource areas. Northampton Planning & Sustainability Application Overview: The City of Northampton, along with neighboring cities and towns, participates in the Channel Markers Committee to place Coast-Guard approved navigational buoys and markers in the Connecticut River and Oxbow channels. Staff prepared application, no specific recommendation. If the Commission agrees that this work occurs within an area subject to protection but will not alter that area, issue a negative determination by checking box 2. Request for Certificate of Compliance, 557 Easthampton Rd, DEP File 246-584 The Commission issued an Order for construction of a fenced dog run area. Staff will conduct a site visit 10/28 to verify the conditions, but work is anticipated to have been conducted in accordance with plans. 6:45 PM – Public Hearing Continuation: Amend Conservation Commission Land Use Regulations • Add bow hunting as allowed activity at Rocky Hill Greenway, to reflect historic use of the area • Update Rainbow Beach Regulations to current State Wildlife Management Area Regulations Overview: This is a public hearing pursuant to MGL C40 S8C regarding changes to the use regulations governing conservation properties. No other approvals are required before these take effect, if approved by the Commission. The changes (attached) would add the Rocky Hill Greenway as an area where bow hunting is allowed, and reference a state website for the Rainbow Beach regulations to ensure they are the most current. An excerpt from the 2018-2025 Open Space Plan is below. The Commission has conceptually agreed that hunting could be appropriate in areas where it has taken place in the past, and agreed to hold a hearing for the Rocky Hill Greenway. In accordance with existing hunting regulations for Beaver Brook/Broad Brook Greenway, these are shown in the proposed changes as deer and turkey seasons, archery only. State regulations address specific items, such as allowable hours, discharge setback distances from structures and roadways, limits, allowable tree stands, and seasons. Comments received are available at http://archive.northamptonma.gov/WebLink/Browse.aspx?id=725704&dbid=0&repo=CityOfNorthampton The Conservation Commission should discuss the hunting framework in future public hearings. During the public conversation on this plan, the issue of expanding hunting opportunities on conservation land was the only subject where no consensus or compromise emerged. As a result, the plan makes no recommendation about hunting and the issue remains with the Conservation Commission, which is charged with regulation the use of conservation land. Hunting is currently allowed at Rainbow Beach and bow hunting is allowed at Beaver Brook Greenway. Hunters, their families, friends, and supporters have advocated for more hunting opportunities, advocating that all residents should have the opportunity to use conservation areas in non-destructive ways. Hunting opponents have strongly opposed any new hunting, raising issues of safety, noise, and use conflicts. When the Conservation Commission takes this up, they might want to consider the following as they work on a framework: • Hunting is not appropriate in areas with high visitation and near dense residential areas, including for example Burts Bog, Broad Brook-Fitzgerald Lake, Mill River Greenway, Mineral Hills, Parsons Brook and Saw Mill Hills. • The community is perception is polarized more than any other issue in this plan with disagreement on even basic facts (how noisy is hunting in terms of number of shots fired, is hunting consistent with conservation, does inclusiveness mean that hunters should have opportunities within the city, and should a majority of non-hunters be able to preclude hunting opportunities). • Issues of enforceability, safety, noise, compatibility of uses, maintenance, and alternative uses that are inconsistent with hunting are all legitimate for discussion. • In discussing the issues, the Conservation Commission can ignore this plan, set geographic limits on where hunting is or is not allowed, set seasonal limits (e.g., deer season only hunting), set species limits (e.g., hunt only non-predators), and hunting methods (e.g., limit some areas to bow hunting). Review and Approve Updated Montview Management Plan Meadow City Conservation Coalition (MCCC) holds the conservation restriction on the Montview conservation area. As part of this CR and related MOU, and similar to the partnership with Broad Brook Coalition, MCCC may conduct certain activities, such as trail maintenance, mowing, brush cutting, and farmer selection, without requiring Commission approval. Any alteration within 100 feet of the wetland area would require a permit. The Commission previously approved the Management Plan in 2016.