Redevelopment within Previously Developed Riverfront Area

310 CMR 10.58(5)

MACC Fall Conference

Prepared byMichele Grzenda, Weston Conservation Agent

Riverfront Redevelopment Case Study Topics to be Addressed

What qualifies as redevelopment?Difference between previously developed, disturbed, and degradedWhen do regular performance standards for work in Riverfront Area apply?What should Commission’s look for when reviewing proposed redevelopment projects

Redevelopment Performance Standards 310 CMR 10.58(5): Definition

Redevelopment means replacement, rehabilitation or expansion of existing structures, improvement of existing roads, or reuse of degraded or previously developed areas.

Redevelopment Performance Standards 310 CMR 10.58(5): Definition

A degraded area is comprised of impervious surfaces from existing structures or pavement, absence of topsoil, junkyards, or abandoned dumping grounds.

Redevelopment Performance Standards 310 CMR 10.58(5): Definition

A previously developed riverfront area contains areas degraded prior to August 7, 1996.

Redevelopment Performance Standards 310 CMR 10.58(5): Definition

An undegraded area may be comprised of natural vegetation or landscaped areas or lawn.

Redevelopment Performance Standards 310 CMR 10.58(5)(a)

Work to redevelop previously developed riverfront areas shall conform to the following criteria:

(a) At a minimum, proposed work shall result in animprovement overexisting conditions.

Redevelopment Performance Standards 310 CMR 10.58(5)(a) cont’d

If a lot is ‘previously developed’ but none of the Riverfront Area is ‘degraded,’ the standards for new work must be met

(i.e., Alternatives Analysis required and the 10% or 5,000 s.f. limit imposed).

Redevelopment Performance Standards 310 CMR 10.58(5)(b)

(b) Stormwater management is provided according to standards established by the Department.

(i.e., maximumextent practicable)

Redevelopment Performance Standards 310 CMR 10.58(5)(c)

(c) Within 200-foot riverfront areas, proposed work shall not be located closer to the river than existing conditions or 100 feet, whichever is less.

* Except when restoration and mitigation are proposed -- 310 CMR 10.58(5)(f) or (g)

Redevelopment Performance Standards 310 CMR 10.58(5)(d)

(d) Proposed work, including expansion of existing structures, shall be located outside the riverfront area or toward the riverfront area boundary*.

* Except when restoration and mitigation are proposed – 10.58(5)(f) or (g)

Redevelopment Performance Standards 310 CMR 10.58(5) (e)

(e) The area of proposed work shall not exceed the amount of degraded area *, provided work may alter up to 10% if degraded area is less than 10% of the riverfront area

* Except when restoration and mitigation are proposed -- 310 CMR 10.58(5)(f) or (g)

Redevelopment Performance Standards 310 CMR 10.58(5) (f)

(f) Notwithstanding the criteria of 310 CMR 10.58(5)(c),(d),or (e):

Alteration not conforming to these criteria may be allowed when the applicant proposes restoration on-site of degraded riverfront area at a ratio of at least 1:1

Redevelopment Performance Standards 310 CMR 10.58(5) (f) cont’d

(f) Restoration shall include:1. removal of debris2. grading to reduce

runoff3. coverage by topsoil, &4. plantings

Redevelopment Performance Standards 310 CMR 10.58(5) (g)

(g) Notwithstanding the criteria of 310 CMR 10.58(5)(c),(d),or (e):

Alteration not conforming to these criteria may be allowed when the applicant proposes mitigation at a 2:1 ratio in square feet

Redevelopment Performance Standards 310 CMR 10.58(5) (g) cont’d

(g) Mitigation may include:off-site restoration of riverfront areas conservation restrictions the purchase of development rights within the riverfront area the restoration of BVWprojects to remedy an existing adverse impact on the interests of the Act

Redevelopment Performance Standards 310 CMR 10.58(5)(h)

(h) The issuing authority shall include a continuing condition in the Certificate of Compliance for projects under 310 CMR 10.58(5)(f) or (g) prohibiting further alteration within the restoration or mitigation area.

Case Study: Redevelopment of an Existing Commercial Building

Picture of commercial lot – existing conditions

Existing Conditions

Originally submitted plan

Case Study: Redevelopment of an Existing Commercial Building

Original ProposalParking lot, building: 3% overall reduction (550 s.f.)

– 42% reduction of impervious surface within Inner Riparian Zone

Improved Stormwater Management: Detention basin in previously existing parking lot and disturbed areaProposed mitigation:

– Restoration of 2,300 s.f. of ‘disturbed’ Riverfront Area– Creation of landscaping/enhancement plantings

Redevelopment of an Existing Commercial Building – Original Submittal

Commission’s Concerns520 s.f. of undeveloped Riverfront Area to be altered (21 trees proposed to be cut)Degraded and ‘disturbed’ area lumped together

Case Study: Redevelopment of an Existing Commercial Building

Picture

Existing conditions Plan

Original submission

Revised submission

Add Approved plan!!!

Add Approved plan!!!

Approved Plan

Original Proposal

Case Study: Redevelopment of an Existing Commercial Building

ApprovedOverall reduction of parking lot within Riverfront Area by 12%Limited expansion of parking lot into undeveloped Riverfront Area

– 95 s.f. of undisturbed Riverfront Area to be altered.– Reduce number of trees cut from 21 to 4

Greatly improved Stormwater ManagementRestoration of 2,300 s.f. of Riverfront Area:

– 1,300 s.f. enhancement plantings within disturbed Riverfront Area– 1,000 s.f. restoration of degraded Riverfront Area

Considerations while Reviewing Redevelopment Projects

Total Amount of Riverfront Area on the lotExisting Conditions:– How much is degraded? (pavement, building,

absence of topsoil)– How much is disturbed (lawn, maintained, etc.)?– How much is natural Riverfront Area?

Considerations while Reviewing Redevelopment Projects

Limit of work staked in the field– Detention

Basins (& outfalls)

– Limit of grading– Erosion

Controls

Considerations while Reviewing Redevelopment Projects

Be cautious when you see the word ‘disturbed’ (‘disturbed’ is not recognized in the regs)

Redevelopment in Riverfront Area Project

Exist. Total

Prop.Total

TotalChange

Nature of change

Total RFA 24,700 24,700

Degraded RFA Total 14,500 11,700 -2,800 conversion to detention basin; +150 s.f. of undeveloped RA in ORZ--> parking lot; remaining to be restored

Disturbed RFA Total 1,700 2,300 600 mostly restored/enhanced

Stormwater Mgt. Other

01,700

2,100200

2,100-1,500

redevelopment of degraded + 50 s.f. of wooded area; +50 s.f. of disturbed RA

Natural RFA Total 8,500 10,700 2,200

Wooded 8,500 8,300 -200 IRZ: 50 sf from wooded to detention basin; ORZ: 150 sf from natural to parking lot

Restored 0 900 900 pavement/degraded -> natural

Restored 0 1,500 1,500 Disturbed -> natural

15,8008,90024,70015,8008,90024,700TOTAL Riverfront Area on site

area of limited vegetation - natural1,5007008001,50000Restored (disturbed -> natural)

pavement/degraded -> natural9000900900000Restored (degraded -> natural)

IRZ: 50 sf from wooded to detention basin; ORZ: 150 sf from natural to parking lot

-2004,9003,4008,3005,0003,5008,500Wooded Riverfront Area

2,2005,6005,10010,7005,0003,5008,500Natural areas in RFA TOTAL

redevelopment of degraded + 50 s.f. of wooded area; +50 s.f. of disturbed RA

2,10002,1002,100000Stormwater management system (detention basin, etc)

6002002,1002,300001,700Disturbed RFA (landscaped, lawn, altered to some capacity)

conversion to detention basin; +150 s.f. of undeveloped RA in ORZ--> parking lot; remaining to be restored

-280010,0001,70011,70010,2004,30014,500Degraded RFA (building, parking lot, absence of topsoil)

15,8008,90024,700Total Riverfront Area on the site

Nature of changeChange100-2000-100TOTAL100-2000-100TOTAL

Proposed TotalProp PropProp ExistExist Exist

Maccweb.org - Resources > Document Templates & SamplesFramingham Redevelopment in Riverfront

Project

Considerations while Reviewing Redevelopment Projects

Applicant must demonstrate how project complies witheach of the performance standards 10.58(5)(a)-(e)

– Is work proposed closer to the river than existing degraded areas? (c)

– Does proposed work exceed the amount of degraded area? (e)

– If either answer is yes, does the project propose sufficient restoration/mitigation -10.58 (f) & (g)?

Considerations while Reviewing Redevelopment Projects

What is the real intent of the “restoration area”?

Considerations while Reviewing Redevelopment Projects

Changes made in the field should be reflected on a revised plan (with revision date and notation as to what was revised)

Recommended Conditions for Work in Redeveloped Riverfront Area

Phasing and sequencing of workPre-restoration meeting between Commission and contractor

Recommended Conditions for Work in Redeveloped Riverfront Area

Proper planting and monitoring of restored areas

Recommended Conditions for Work in Redeveloped Riverfront Area

Perpetual conditions– O&M of stormwater structures– Deed restrictions or CR requirement?– Prohibitions on use of sodium chloride,

fertilizers, etc.

Special thanks to:

Jennifer Steel, Framingham Conservation CommissionFramingham Conservation CommissionRob Gemma, MetroWest EngineeringCarr Research LabMacCarthy & Sullivan Engineering

Useful Resources

Regulations 10.58(4) and (5)Maccweb.org -- click on Resources > Document Templates & SamplesDEP Circuit Riders

Michele GrzendaGrzenda.M@WestonMass.org