David fights to keep vernal pool protections part of wetlands ordinance
September 08 ,2007
City Council delays action on vernal pools
by Dan Crowley, Daily Hampshire Gazette
by Dan Crowley, Daily Hampshire Gazette
NORTHAMPTON-After
nearly two years of talks, proposed laws designed
to protect wetlands and vernal pools are still a
work in progress.
The City Council made sure of that earlier this week when it tabled a vote on the ordinance.
The council's Ordinance Committee had recommended the full council split the ordinance and vote solely on the wetlands section and carve out the vernal pools part of the ordinance for further discussion.
Instead, the council tabled the entire ordinance after several councilors said they would not support splitting the ordinance into two.
Rather, they said they want to see whether the Conservation Commission can work out revisions acceptable to city groups such as the Greater Northampton Chamber of Commerce, on the part of the ordinance that strengthens protection of vernal pools.
"The vernal pool language has been hiding in plain sight for two years," said Ward 4 City Councilor David J. Narkewicz, who made the motion to table the vote to the council's Sept. 20 meeting. "It's a little disappointing that that became the hang up in the end."
The council's unanimous decision came after Council President Michael R. Bardsley gave a lengthy rehashing of events leading up to Thursday's meeting-and the Ordinance Committee's reasons for wanting to split the ordinance. Bardsley recollected moments of confusion, negativity, skepticism, and "perhaps misunderstanding" among the public and councilors as the proposed ordinance made the rounds of public forums and government meetings in recent months.
"The motion to split was simply to give the public more time - it's very, very complicated," said Ward 3 City Councilor Marilyn A. Richards. "Everybody is in agreement that we need strong vernal pool protections."
Sponsored by the Conservation Commission and mayor, the ordinance calls for stronger protections of wetlands in parts of the city, mainly suburban and rural residential areas, where no-encroachment zones would be established. It also calls for increased buffer zones around vernal pools and would require those who disturb wetlands in certain areas of the city to replicate them at a ratio of 200 percent, an increase from the current rate of 115 percent.
The Conservation Commission is seeking to increase the buffer zones around vernal pools from 100 feet to 200 feet in certain residential areas and set new regulations for development near the pools.
Vernal pools are seasonally flooded depressions in the landscape that can harbor a variety of rare and native plant and animal species, including mammals, reptiles, insects, and amphibians, such as Jefferson and spotted salamanders.
And while vernal pools have often been the most contentious subject of debate, it was the entire wetlands ordinance as proposed that irked several residents speaking during Thursday's public comment session.
Many said they were particularly disturbed by a proposed 10 foot no-encroachment zone in several city zoning districts, particularly where business and industry is allowed.
"I feel this is now bad legislation that doesn't advance the protection of wetlands and vernal pools," said Joanne Montgomery, of 161 Crescent St. "This is a wetlands protection ordinance, not a business protection ordinance,"
"This is not the bill the Conservation Commission wanted to bring the City Council," said Alex D. Ghiselin, of 164 Riverside Drive, who took aim at the 10-foot encroachment zone outlined in the proposal.
Ghiselin described the city's stormwater infrastructure as "undersized and unrepaired." Wetlands are a natural stormwater drainage system "that works and really is one that we more and more come to depend on," he said. Ghiselin described the city's stormwater drainage woes as "a very naughty problem" that needs serious attention.
Bruce W. Young said the zoning districts subject to the 10-foot no-encroachment zone represent less than 5 percent of the city's entire area. He said it was the Conservation Commission's position that the proposed wetlands ordinance provides stronger protections than exist today.
The Conservation Commission has scheduled a work group session Tuesday with the Northampton Chamber of Commerce and other parties to discuss the proposed vernal pool protection. The goal would be to try to reach agreement on the vernal pools piece of the legislation before the entire ordinance returns to the City Council for a vote Sept. 20.
"Hopefully we can do this in one meeting," Young said. "We plan on sitting down for a few hours and working this out."
The City Council made sure of that earlier this week when it tabled a vote on the ordinance.
The council's Ordinance Committee had recommended the full council split the ordinance and vote solely on the wetlands section and carve out the vernal pools part of the ordinance for further discussion.
Instead, the council tabled the entire ordinance after several councilors said they would not support splitting the ordinance into two.
Rather, they said they want to see whether the Conservation Commission can work out revisions acceptable to city groups such as the Greater Northampton Chamber of Commerce, on the part of the ordinance that strengthens protection of vernal pools.
"The vernal pool language has been hiding in plain sight for two years," said Ward 4 City Councilor David J. Narkewicz, who made the motion to table the vote to the council's Sept. 20 meeting. "It's a little disappointing that that became the hang up in the end."
The council's unanimous decision came after Council President Michael R. Bardsley gave a lengthy rehashing of events leading up to Thursday's meeting-and the Ordinance Committee's reasons for wanting to split the ordinance. Bardsley recollected moments of confusion, negativity, skepticism, and "perhaps misunderstanding" among the public and councilors as the proposed ordinance made the rounds of public forums and government meetings in recent months.
"The motion to split was simply to give the public more time - it's very, very complicated," said Ward 3 City Councilor Marilyn A. Richards. "Everybody is in agreement that we need strong vernal pool protections."
Sponsored by the Conservation Commission and mayor, the ordinance calls for stronger protections of wetlands in parts of the city, mainly suburban and rural residential areas, where no-encroachment zones would be established. It also calls for increased buffer zones around vernal pools and would require those who disturb wetlands in certain areas of the city to replicate them at a ratio of 200 percent, an increase from the current rate of 115 percent.
The Conservation Commission is seeking to increase the buffer zones around vernal pools from 100 feet to 200 feet in certain residential areas and set new regulations for development near the pools.
Vernal pools are seasonally flooded depressions in the landscape that can harbor a variety of rare and native plant and animal species, including mammals, reptiles, insects, and amphibians, such as Jefferson and spotted salamanders.
And while vernal pools have often been the most contentious subject of debate, it was the entire wetlands ordinance as proposed that irked several residents speaking during Thursday's public comment session.
Many said they were particularly disturbed by a proposed 10 foot no-encroachment zone in several city zoning districts, particularly where business and industry is allowed.
"I feel this is now bad legislation that doesn't advance the protection of wetlands and vernal pools," said Joanne Montgomery, of 161 Crescent St. "This is a wetlands protection ordinance, not a business protection ordinance,"
"This is not the bill the Conservation Commission wanted to bring the City Council," said Alex D. Ghiselin, of 164 Riverside Drive, who took aim at the 10-foot encroachment zone outlined in the proposal.
Ghiselin described the city's stormwater infrastructure as "undersized and unrepaired." Wetlands are a natural stormwater drainage system "that works and really is one that we more and more come to depend on," he said. Ghiselin described the city's stormwater drainage woes as "a very naughty problem" that needs serious attention.
Bruce W. Young said the zoning districts subject to the 10-foot no-encroachment zone represent less than 5 percent of the city's entire area. He said it was the Conservation Commission's position that the proposed wetlands ordinance provides stronger protections than exist today.
The Conservation Commission has scheduled a work group session Tuesday with the Northampton Chamber of Commerce and other parties to discuss the proposed vernal pool protection. The goal would be to try to reach agreement on the vernal pools piece of the legislation before the entire ordinance returns to the City Council for a vote Sept. 20.
"Hopefully we can do this in one meeting," Young said. "We plan on sitting down for a few hours and working this out."