05-068 671 Kennedy Rd con com310 CMR 40.99
Form 9
- Commonwealth
-_� - of Massachusetts
DEPFie �'. 246— w 1/
(To oe prbwide by DEP)
aTv Town Northampton
+ooncani T ' _
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MAP ID# ! I k.
Enforcement Order
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
NORTHAMPTON WETLANDS PROTECTION ORDINANCE
From Northampton Conservation Commission Issuing Authority
Date of Issuance I� '/, /kt 2L,CJ95
Property lot'narcel number, address X lf'nn. '�U �� �sX ,4U��:� 2,r, (6-5 ! -� - -�
Extent and type of activity.
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The Conservation Commission has determined that the activity described
above is in violation of the Wetlanas Protection Act, G.L. c. 131 , §40, and the Regulations promuigated pur-
suant thereto 310 CMR 10.00. because:
_ Said activity has beemis being conducted without a valid Creator Conditions.
_ Said activity has been is being conducted in violation of an Order of Conditions issued to
dated
File number 246 —.;Z // Condition numbers)
_ Other(speaty)
The N orthampton Conservation Commission hereby orders the following:
The prcoery owner, 'nis scents, permirtees and all others shall immediately cease and desist from further
T activity arfect :ng the ww1ano portion of this popery.
Wetland alterations resulting from said activity shall be corrected and the site returned to its original con-
dition. T I P i r ,, _..,! , i!) 1 ! -'�
9 -1
Effective 11/10;89
- ] 10 CM Ii: I7CPAR'I'MCN'I UP EN V I RUNTli� A L P ROTECI[ON
10.99: continued
Northampton
Issued by Commission
CI Cona lelep application forms and plans as required a)• he Act and Regulations shall be Idea with mP
Northampton Conservation Commission on or before icale'I
and no lurtner work shall be performed until a public nearing nas been neld and an Order of Conaltions
has been issued to regulate said work. Applicalion forms are available at City Hall, 210 Main Street
UTTtre at Development
IN The property owner shall take every reasonable step to prevent iurther violations of he act
Other,soecny
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Failure to comply witn this Order may constitute grounds for legal action. Massacnusetis General Laws Clean
far 131. Section 40 provides'.
Wn0ever violates any provision at pes section shall oe punished by a fine 0`. not more
Than twenty-five in0usand dollars or by Imprisonment for not more than Two years or b01^.
Coon day Or portlOn thereof of continuing violation snail constitute a separate offense.
Cuestidns regarding his Enforcement Order should be directed td Northampton Office of P lanning (413 586 -6950
Issued by Northampton Conservation Commission
Signaturets)
C - .4�c'�'t — L/z"'Z"' 2 �. Vii%
TSmnamre of dehvery person
or cerhhec mall uumoerl
Failure to comply with this order may also constitute grounds for criminal, civil and non - criminal
penalties under the Northampton Wetlands Protection Ordinance and the Northampton Nan - criminal
Disposition Ordinance.
11/10/39 3Z() C',[R - 2aR5L
9 -26
RESTORATION ORDER
LOT 1, KENNEDY ROAD, NORTHAMPTON, MA
ASSESSOR'S MAP: 5, PARCELS 68 S 69
1. Return the drainage swale and driveway to the original
location as per the Notice of Intent and order of
Conditions for DEP file # 246 -211.
2. Remove all debris dumped on the site.
3. Complete all work within 68 days of the issuance of the
Enforcement order.
4. Restore the natural drainage patterns, of the land, to
the site, as per the drawings and specifications
submitted to the Commission, entitled:
site Development Plan of Land on Kennedy Road in
Northampton, MA, for Orlando Isaza. Prepared by:
charles H. Dauchy, Environmental Consultant, 24 Old
Long Plain Road, Amherst, MA; dated 9/11/95
5. submit an "As- built plan showing the $wale, driveway
and regrading that occurred.
As -bti:fE Plo,n skb.t.:Hcd to Bld �-p�. 54,o w� -,-, anA„a,,��
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'T THAT I HAVE PERFORMED THIS INSPECTION
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WITH THE TECHNICAL STANDARDS
FOR
\N INSPECTIONS AS ADOPTED BY
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ASSOCIATION OF LAND SURVEYORS
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310 CMR 10.99
Form 2
oaP rid HO. 246-
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(TO ca QN11a9 ov CE- )
Commonwealth City -Town Northampton
of Massachusetts Pooh...)
Dais eeaue11rix `21�: >'
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
& NORTHAMPTON WETLANDS PROTECTION ORDINANCE
From NorthamptQ2 Conservati Issuing Authority
To IlaU( {)�/UrS
(Name of person m ing request) (Name of property ownsfl
Address .,vt('ld A 1 le, (' /sin 4Z4 41111r1 w + Address !?L (J6Y L -a93 f�cf „ p ice Ltii oro
This determination is issued and deliverer as follows:
by hand delivery to person, making request on (date)
by certified mail, return receipt requested on 6Ctzber ,¢4& - (date)
Pursuant to the authority of G.L. o. 131, §40, the N th r Conservation Commission
has considered your request for a Determination of Applicability and its supporting documentation, and has
made the following determination (check whichever is applicable):
Location: Street Address
Lot Number: (MAP ID 7t) MAF' /�Cir'ca.0 �A
This Determination is os h ive:
1. 1j The area sea ribs below, wnich includes all /part of the area described in your request, is an
Area Sublect to Protection Under the Act. Therefore, any removing, filling, dredging or
al:ermc of that area requires the filing of a Notice of Intent.
2. The work cescnbed below, which includes all /part of thew ork described in your request, is within
an Area SudIset to Protection Under the Act and will remove. fill, dredge or alter that are a. There-
fore, said work requires the filing of a Notice of Intent
-
Effective 1111',189
21
3 _ The work described below, which includes all of the work cescnDeq - vour reques!. Is wi`.hn
the Buffer Zone as carhop in!ne regulations, and vv ' alteran Area Stec: to Protection Unoef
the Ac;. Therefore, said work requires the trine of a Notice of Inter.:
This Deterrnina5on is negative
1 . The area described In your reques' is not an Area Subject to Protection Under the Act.
2. = The work described in your request is within an Area Subject to Protection Under the Act, but will
not remove, fill. dredge, or alter that area. Therefore, said work does not require the filing o: a
Notice of Intent.
3. The work described in your request is within the Buffer Zone, as defined in the reoulations. but will
not alter an Area Subject to Protection ender the Act. Therefore, said work does not require the
filing of a Notice of Intent A Ire r wsr � rt � r rl :.�..�.. F -,(, c= -mad t C'Al a
4. G The area described in your request is Subject to Protection Under the Act, but since the work
described therein meets the requirements for the following exemption,as specified in the Act and
the regulation=__ no Notre of Intent is required'.
Issued by Northampton Conservation Commission
This Determination must be sinned by a majority of the Conservation Commission.
On this 2`i day cf .dr. .�Gti 2_ 19 - ?n — ,before me
Personally appeared L c V7 *n w A to me known to be the
person described in, and who executed, the foregoing Instrument. and adk++ovale „ ^cedthat relent executed
— t r i o =am as his/her free act and deed
Notary Public My commission expires
Tnis deteTtlrri, cogs not r,i.eve ine aJrizc, nom co'nptymg win alp dinar enppcame la'aral. sale C' local staim ^r . or'n,es.
byaews o1 'v9orauons. Tn¢ Delerminauon shall oe vant for Nree yea¢ porch no tale er oauance
The he owner any person agorpeve0 ay :h., v rampnatioc, a , o"', Cf land anuvmg ma la..c coon when fine lroCOSeC work
1s m Ua tone, or any ton I' oenla o: me ally or torn m whlrl such land o mooted. are nerecy notihac U in,' non: m revues: ma Deparmen!
of cnvilnnmemal F is pssue a Supersaorng DelerminaIion of p ofi ra it Iy, provpdino me recuesl to mad_ by oefNlae roan or ran,
ox"'f I m ine Depa^,men;. with Ne ororepnate fiend fea and Fea Traasm,ai Farm az p alla.d in 3tp e1d= 10D5''t -irin ten tays from
ine Cate Cl 6Span� all Ims De:aTmabon. A Cpy of ore re'Juesi stag al ine sale ume Ua as, by ceniLev Mau or nana celpvery m ine
Canserva. ion( mr ant me E,'IfC :
2-2A
310 CMR 10.99
Form 1
DIP File No.
(To be provided by DEP)
Commonwealth Uty /Town: NOR
or Massachusetts Applirant: _ORLANDO ISAZA
Request for Determination of Applicability
Massachusetts Wetlands Protection Act. G.L. c. 131, s4O
& Northampton Wetlands Protection Ordinance
1. I, the undersigned, hereby request that the _NO
Conservation Commission make a determination as to whether the area,
described below, or work to be performed on said area, also described below,
Is subject to the Jurisdiction of the Wetlands Protection Act. G,L. C. 131, s.
40 and /or the Northampton Wetland Protection Ordinance.
2. The area is described as follows. (Use maps or plans, if necessary, to
provide a description and the location of the area subject to this request.)
Location: *Lot 1', Kennedy Road, Northampton, MA
Lot Number: Assessors Map 6, Parcel 68
See enclosed (1) Locus Map (2) excerpt of 1988 plan, and (3) plan titled 'Site Development Plan
of Land on Kennedy Rd, Northampton', dated 9/11/96.
The purpose of this request is to obtain the Commission's review and clarification of the jurisdictional
status of wetland resource areas and drainage features on the subject site as a basis for final site
planning and design.
In 198889, the Commission approved construction of a duveway culvert across an upland drainage
swale, not identified as a jurisdictional resource area. Subsequent fill, grading, and other work by the
previous owner appears to have filled the original drainage swale, blocked the culvert, and created
an isolated wetland.
3. The work In said area is described below. (Use additional paper, if
necessary, to describe the proposed work.)
The work proposed Is re- establishment of a drainage swale in the estimated original location,
installation of a new culvert, removal of concrete nibble unsuitable forfill, regrading the disturbed area
and recently created Isolated wetland, and construction of a single family home on the lot. To protect
downstream resource areas on the adjacent lot, work will Include erosion control measures during
construction and revegetatlon of the site and drainage swale. If required under the City Ordinance,
the isolated wetland could be replaced and a more viable wetland created within the relocated
drainage smalls. -
Although within the Jurisdictional buffer zone of a bordering vegetated wetland on the adjacent lot, the
proposed work will not alter an 'Area Subject to Protection Under the Act'. We therefore request a
Negative Determination of Appilca illity under the Mass. Wetland Protection Act as provided for on
310 CMR 10,99, form 2, page 2, item 3, under 'This Determination is Negative'.
We recognize that the Commission may consider the isolated wetland to be under jurisdiction of the
City's Wetland Protection Ordinance and may issue a positive determination under that ordinance,
requiring a Notice of Intent and possible replacement of the Isolated wetland.
4/l/94 t_i
4. The owner(s) of the area, if not the person maktu th's request, has been
given written notification of this request on S(date).
The name(s) and addresses) of the owner(s):
Luis - Orlando Isaza & Milagro Isaza Figueroa
Box 6293
Holyoke, MA 01041
5. t have filed a complete copy of this request with the appropriate regional
office of the Massachusetts Department of Environmental Protection
_�LB�YY (dale).
DEP Northeast. Regional Office DEP Southeast Regional Office
10 Commerce Way Lakeville Hospital
Woburn, MA 01801 Route 105
Lakeville, MA 02347
DEP Central Regional Office DEP Western Regional Office
75 Grove Street State House West, 4th Flour
Worcester, MA 01605 436 Dwight Street
Springfield, MA 01103
6. I understand that notification of this request will be placed in a local
newspaper at my expense in accordance with Section 10.5(3)(b) I of the
regulations by the Conservation Commission and that I will be billed
accordingly.
Signature
__���
i
Address:- Box 6293
Holyoke, M_A___01041____.
We would appreciate an on -site review with
prior to the public meeting on the matter.
contact our consultant listed below. Also
correspondence and notices to:
Charles H. Dauchy
Environmental Consultant
24 Old Long Plain Road, RFDg3
Amherst, MA 01002 -9519
Name: Luis- Isaza
Phone: (413) -3641
the Commission or their staff
To schedule a review, please
please provide copies of
Phone: (413) 548 -8005
4/1/94 I -2
4. The owner(s) of the area, if not the person maktn tips request, has been
given written notification of this request on (date).
The name(s) and address(es) of the owner(s):
Luis - Orlando Isaza & Milagro Isaza Figueroa
Box 6293
Holyoke, MA 01041
5. t have filed a complete copy of this request with the appropriate regional
office of the Massachusetts Department of Environmental Protection
...___ 9/ c (dale).
DEP Northeast Regional Office DEP Southeast Regional Office
10 Commerce Way Lakeville hospital
Woburn, MA 01801 Route 105
Lakeville. MA 02347
DEP Central Regional Office DEP Western Regional Office
75 Grove Street State House West, 4th Flour
Worcester, MA 01605 436 Dwight Street
Springfield, MA 01103
6. I understand that notification of this request will be placed in a local
newspaper at my expense In acaudance with Section 10.5(3)(6) I of the
regulations by the Conservation Commission and that I will be billed
accordingly.
Signature e7
i
Address: Box 6293
__ Holy MA - 01041 ___,... _.
We would appreciate an on -site review with
prior to the public meeting on the matter.
contact our consultant listed below. Also
correspondence and notices to:
Charles H. Dauchy
Environmental Consultant
24 Old Long Plain Road, RFDg3
Amherst, MA 01002 -9519
Name: Luis- orland o__Isaza
Phone: 413 _ 532_3
the Commission or their staff
To schedule a review, please
please provide copies of
Phone: (413) 548 -8005
4/1/94 1 -2
WETI ND DETERMINATION LC JS MAP
for land of ORLANDO ISAZA
Kennedy Road
Northampton , MA
DEVELOPEMEN -,_ v Zeation Plan 51A
scale: 1 =100' q ; !
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