The Northampton Conservation Commission voted unanimously June 12 to issue a negative determination of applicability for a proposed 10-by-20 shed at 9 Cross Path Road, allowing the owner to proceed subject to local ordinance rules and an appeal period.
The determination affects who must comply with the Wetlands Protection Act and the city’s wetlands ordinance. Elaine Fitzgerald, the property owner, told the commission she bought the single-family house last year and wants the shed “behind the house, basically, at the end of where the driveway is,” and that the structure would sit on “a stone pad of gravel.”
Commission staff told the panel the site is across the paved street from the top of bank, entirely lawn, outside the mapped floodplain and would not require vegetation removal. The commission chair said the project is ‘‘an exempt activity under the Wetlands Protection Act’’ for state purposes but noted it remains subject to Northampton’s local wetlands ordinance, which is why the application was before the city commission.
A motion (motion text: issue a negative determination checking Box 2 because the project site is subject to protection but will not remove, dredge, fill, or alter; and checking Box 5 noting the project is exempt under the Wetlands Protection Act) was offered and the commission voted by roll call: Paul — yes; David — yes; Beth — yes; Downey — yes; Anne Mason — yes. The vote was unanimous. The chair told the applicants a form with the negative determination would be mailed and reminded them there is an appeal period before the decision becomes final: “There is an appeal period, but there was nobody here to raise an objection.”
The commission record notes the shed will sit on a gravel/stone pad rather than a poured concrete slab and that no vegetation removal or floodplain impacts are expected at the proposed location. Staff said they will send the signed determination form to the applicant; the decision may be appealed in accordance with procedures tied to the Massachusetts Wetlands Protection Act and local ordinance.
Next steps for the owner are procedural: await the mailed negative determination form, and proceed if no timely appeal is filed. The commission provided no additional special conditions beyond the negative determination in this action.