06-054 423 haydenville rd. con comD C. .M=
Form 8
OE? -e Nc 24 .,
o x added ^y ^c ?[
Commonwealth Gn to.r. Northampton
Of Massachusetts
aeoican; Ann DEXCS & Lloyd Ewing
MAP ID. 6 (, _ P 1
Certificate of Compliance
Massachusetts Wetlands Protection Act. G.L. c. 131, §40
NORT:L'ITTON WETLLYDS PROTECTION ORDINANCE
From Northampton Conservation Commission
Issuing Auircny
Td Ann Deres & Llo d Ewin 473 H ,
(Name) vll R ', i
IAr_ress'.
Data of Issuance.
This Certificate is issued for work recu;atec by an Drb =_r of Conditions issued to Ann D R r f nyd dated n /i3 /a '�— '- -iss Ewing
dissued by the Conservation Comm
t It is hereby certiied that tie work reguiated by the above - referenced Order of Conditions has
been satisfactorily completed.
2. — It is hereby certified that only the following per5ons of the work regulated by the apove-refer-
enced Order of Condocris have been mlisfaaonly completed: (It the Certificate e Compliance
does not include the entire oroiect. specify what portions are included.)
3. — It is hereby certified that the work regulated by the above- referenced Drder of Conditions was
never commenced. The Drder of Condmors has laosed and is therefore no Ion Car velld. No future
work subject, to regulation under Me Act may be commenced without filin 2 new Notice of Intent
End receivinc a new Order Of Conditions. .
(Leave Saace aanx)
E -'
:fed ;rve 11 /.v /E$
'his cer flca:e snail to reccrcec In the Re-r ^/ et Deees cr;he Lore CcuG'cr Me Qs -ct :r,
wtucn the lanc a iccalec. Lne Crcer was ong:oally recorced on (
at me Registry of Hampshire County Book page
5. 3 I ne i011owtng conditions of the CrCer sEall continue: (Set forth any conditions contained in the
Fnal Crcer, such as maintenance or monitoring, which are to continue for a longer perrod.)
- Maintenance of all detention ponds and drainage structures,
- No additional wor4 within 100 feet of resource area, without a
new Wetlands ?emit.
issuer 'ty Northampton Conservation Commission
Wher, issued by the Conservation Commisien this Certificate must be signed by a majority of is members.
Cn this % day of �k,J'_� 7 9 9 before me
Perot, own to be the
Gerson descrited in and wne executed the foregong irstn!mert and acknowledged that he!she executed
the sa4.e as h)s, her tree act and deed.
Ncrarf P,:dlic My commission expires
petacn on dotted line and zudma to the Northampton Conserva
re Na -Ihamn ton Conservation Co is Issumq A.mcnry
F!ease Pe acviseeoatmeC2a.fion" JC.:mpiancebrme.- olectaC
Fse a� =ca. 246- vqq rids dem recamee at me negatry cl Hampshire County
anc ozs ]09n noiec? :re c-an m ::fe v:'-e atlec:n scow cn . ! 9
'.Cen'! 'PS .'3
o
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Form 8
DE Fm Ne 2 -. qq
commonwealth CGm tmr. Northamptan
V Of Massachusetts Dews & Lloyd Ewing
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c.131, §40
NORTH&MPTON VULLYDS PROTECTION ORDINANCE
From Northampton Conservation Commission Issuing Ai,nciny
Tc Ann Deres & Lloyd Ewing 423 Haydencri 11 F Pd, LAMA
(Name) IAccress:
Date of Issuance
This Certlecate is issued for work re_ iatec by an Orcer of Conditions issued is Ann f1� R? 1,,,T Ewing
dated 7,?.3/42 =r issued by the Conservation Commissio
1 . Y It is hereby certified that the wcn, regulated by the above - referenced Order of Ccrd3iens has
been satisfactorily completed.
2. _ It is hereby certified that only the following pornons of the work reculated by the acove- refer-
enced Order ofC andisons have been satisfac rely completed: (it the Certificate of Compliance
does not include the entire project. specify what poriens are included.
3- — It is hereby certified that the wank regulated by the abwe- referenced Order of Conditions wzs
never commenced. The Order of Conditions has lensed and is fhereicre no Icrcer valld. No future
work subject to reculatien under the Act may be commenced without Mind_ a new Notice of Intent
and receiving a new Order of Conddiorm. -
............ ..................... ...................... ........ ....... ..............__ ...... ..... —.._---- ..................... ........ ................ ............
.............
(Lear, Soave amok)
E -:
- �:eCly= ii /10 /ES
s. 'hts canficate shall to recc^ed in me Reg:scy of Oeecs orate Lane Ccul, for Me =s ,c: m
whtc:l me land s lotored. The Order •vas tngtnatly retprced an (
at me Regisy at Hampshire County Book Page
S. 3 -he todcwmg conditions at the Order shalt Continue:(Settonh any (o3tditicRS Contained in me
Fnal Order, such as maintenance armonrtonng, which are to mntlmae ter a longer period.) -
— Maintenance of all detention ponds and drainage structures,
— In additional work within 100 feet of resource area, without a
new Wetlands Permit.
Issued by Northampton Conse=atian Commission
Sicna[_ -s1
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
Onmis 20 B I
19�_ before me
person nn ally anceare if -mss nr .,n to me known to be the
Person described in and who executed the teregcing instrument and acknowledc_ed that heshe executed
the same as his; her free ac: and deed.
/4 Z2 oa �
N crary Pudlic (
_ My commission expires
Detach on dared line one sabm%ta m. Northaza,ton Conserva
ro Northampton Con tic,n Co.JS,ti tssuwng aunch,
Fiease ce acnsea ^at me Cxrncate al Canciiana tamecotes ac Q1 Hh,,dsp,djjp g I -ee g s
Fie "c` - 24 nqn hzz uem htawaee at me essa at Hampshire County
'dnC paz ]e ^n npl ^C:n ...l..naan al "It C: �a allec:te' lac W cn _
urcc- r_:ane -_ mss.. _a .�- := enneez:a eznsacvoa.a
vL2:. e
+000C]n[
J
310 CMR !0.99
Form 5
- Commonwealm
- of Massachusetts
114 6
Ro a ao.va W OEF)
C,,'own Northampton
>cCncant A ! �- ing
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40 AND THE
NORTHA.NPTON WETLANDS PROTECTION ORDINANCE
From Northampton Conservation Commission
vO.SffE - ' 7 /rG
To
Finn Deres /Lloyd Ewing Ann Deres /Lloyd Ewing
(Name a Agpiican[I (None ci progeny owner)
Aocre =_ =_
423 Hay Toa d, L Actress 4 Ya Toad, Le
This Crcer's asued and c=_iiverec as follows.
by panic ceiivery to applicant or representative
by Cer, fas mail. return receipt requesie^_ on _
423 Lo enville Road, Leeds, *. ul
7— /4 —9J
(Cate)
(care)
Tnis crciecl is Iccared at
Northampton, mA
The crodemv:s : eccmec at the Registry of Ham2 County
189
Cer, `:cat=_ IT
The No:ice of Intent !or tills prcjeot was filed On 7/22/91 (date)
The public nearng was acsed on 7 . / j _tea (date)
Findings
The NorthaCtltibn f i C nas reviewed the above-ref6renced Notice Ct
Intent arc glans and nas neid a duolld neanrg cn Te gro)ec:. Cased on the mfcmlation avatacle to lire
Conservation Cows $ sion at?histime. :he Commission has cetermined that
the area On Wnicn :he orcccsed work is to be cane Is slgdificant to Me following interests in a=orcance with
the Presumoncrts of Sio Citicance set forth in the regulators for eacn Area Subject to Protection Under the
ACT (ohegk as adprognate): -
❑ Pub6o water supply E! Food control [I Land containing shellfish
❑ Private water supply K Storm damage prevention ❑ Fisnenes
❑ Ground water supply ® Prevention of pollution otecuen Ct wildlife habi3t
Total Fling Fee Sunmitted 4 . -57 (-,1 -0 S State Shat' S c
C. - Own Share s Qo 2 _ (k tee in excess Of S2C)
Taal Fsfu;.c Cue 5 O Cityffcwn Parton S D State Porton S
(` /z total) ('/z total)
Ei`erbve t1 /1C /89 a !
heretcre. the North a.Rron Conservation Conmm- hereby finds that the following conditions are
necessary, .n accordance with the Perom�ance Standards set forth in the regulations, to protect those inter.
ests cnecked acove. The Conservation Comissiov orders that all work shall be performed
in accordance with said Concificrs anc with :he Notice of Intent referenced acove. To the extent that me fol-
lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice
of Intent. :,he partitions shall ccntrol.
General Conditions
. Failure to comoly with ail conditions stated herein, anc with all related statutes anc other regulatcry meas-
ures, shall be deemed cause to revoke or modify this Crider,
2. This Order does not grant any crooerry ngnts army exciusrve privileges: it does not authonze any injury
to private prgoerty or invasion of pnvate ngn!s.
3. This Order does cot relieve me pemittee or any other person of the necessity of complying with all
other _cpiicacle federal. state or local statutes, ordinances, by -laws or regulations,
The wcrk authorized hereunder shall be ccmplead within threeyears from the date of :ns Order unless
either ci the (allowing acoiy:
la) :re wcrk!s a maintenance creccinc project as crcviced for In the Act: or
Ibl the time :or completion cad deed extended to a soeciiied case more than three years, cut less than
five vears, from the care cf 'ssuance and bath that care and the special circumstances warranting
the extender time Penoc are set forth in this Order.
_. This Orcer. may oe extended by the ssuing authority for one or mare oenods of up to three vears each
upon aodicanon to me issuing authority at least 30 pays odor to the expiraticn date of ;Fie Orcer.
Ary fill used in connection with this Project snail be clean fill, containing no trash. refuse. rubbish or de-
ar s, inducing but not limited to lumoer, brcks, plaster, wire, lath, pacer. cardboard. aide, hues, ashes,
remgeratcrs, motor vehicles or parts of any of the foregoing.
7. No work anal be urcerPaken until ail administrative appeal pencas from this Order have eiacsed or. if
suc, an appeal has been filed, until all proceedings before the Otioarnment have been completed.
S. No work shall be undertaken until the Rnal Order has been recorded in the Registry of Deeds or me land
Court `.cr the disma n which the land is located, within the chain of title of the affected_ creperry. In the
case of recorded land. the Final Orcer shall also be noted in the Registry's Grantor Index undar:he name
Or tie owner of the and upon which the proposed work is to be cone. In the case of registered land. the
Fnal Crder shall also be noted on the Lend Court Cert!ficate of Title of me owner of the land upon which
the croecsed work is tote done. The recording Wpm Such shall be sucmitted to the fortmt: sgi nn
on the `,am at the end of this Order peer to commencement of the work.
9. A sick shall be cisolaved at the site not less than two scuare feet or more than three sduare feet in size
bearing the wards. W assachuse!ts Department of Environmental Protection,
File Number 246— 799
10. Where the Department of Environmental Protection is requested to make a deteminatian and to issue
a Superseding C.-der. the Conservation Commission siall be a party :a all acency proceedings and
hearings before the Department.
11 . Upon ccmdelicn of :he work described therein. the applicant shall forthwith recuest in writing grate
Car `,',gate of CcmOi,ance be issued stating that the wcrk has oeen sarisez :only ccri
c. wcrk Seal Cpntcrm to the t_^ilowmg Flare and special donations:
5 -2
Plans:
TITLE
DATED
SIGNED 5 STAMPED BY: ON
FILE:
qC6Z✓6 00dE 87
2:61'J
Li Sp #hP,4 Cons.
Comm.
C OF ✓[w Ey vN
T ✓t /E C /�'J
Cons.
Comm.
Cons.
Comm.
Cons.
Comm.
Cons.
CO=.
Special Conditions:
13) All construction areas shall be restored to original condition or better upon
comp.ac_on of the project, including vegetation;
14) No area within the 1C0 year flcodplain, any wetland, or area within 100 feet c' a
wet-and or 40 feet of a 100 year floadnlain, as defined in 310 CXR 10, and Chanter 24,
she! be permissible disposal sites, unless such areas are specifically approved by the
Commission;
15) Excavated material and topsoil stockpiles shall be located and stabilized so as to
mini:'_ze washing into wetland areas or waterways;
16) Adequate measures shall be taken to prevent erosion and siltation of all disturbed
areas, and shall be implemented prior to any construction. Sedimentation and erosion
control devices shall be placed according to standards set in the U.S.D.A. So L'
Conservation Service, "Guidelines for Soil and water Conservation in Urbanizing Areas
of Massachusetts ". Placement shall be directed at the site by the project engineer in
order to accomplish maximum control of erosion and ensure than no eroded materials will
reach wetland resource areas. Hay bales must be staked. Silt fencing must be placed
in a dug trench with sufficient porosity to allow detained water to pass while trapping
suspended sediments;
17) The areas of construction shall remain in a stable condition at the close of each
construction day. Erosion controls shall be inspected at this time, and maintained or
reinforced to meet specificat_ons in the plans and this order;
18) This order of Conditions shall apply to any successor in interest or successor in
control;
19) Members and agents of the Conservation Commission shall have the right to enter and
inspect the premises to evaluate compliance with the Conditions and to require the
submittal of any data deemed necessary for that evaluation;
20) The Applicant shall notify the Commission, in writing, as to the date that work will
be commencing on the project. Said notification must be received by the Commission no
sooner than ten (10) days and no later than five (5) days prior to the commencement of
the approved activity;
21) The owner of the property described in this order must advise any potential buyer of
the property that any construction upon or alteration to said property, including brush
clearance, may require action by the Northampton Conservation Commission and any
instrument conveying any or all of the owner's interest in said property or any portion
5 -3A
thereof shall contain language substantially as follows: "This property may be subject
to the Northampton Wetlands Protection Ordinance, lithe Wetlands Protection Act, an Order
Conservation C
Of rvation Cc ommission "; ti and /or a Determinaon of appcability from the No=ham_otom
22) Any fill used in this project shall be clean fill, including soil, gr avel, rock, and
1 o�• The applicant is prohibited from using demolition materials, asphalt, large
chunks of concrete, tree stumps and limbs, and general refuse;
23) The contractor is responsible with the applicant and property owner for any violation
and the penalties - under the law for such violation. While all activities regulated by
this order are being performed and during the construction phase for this project, an
on -site foreman, or project engineer, shall have a cony of this permit at the site, be
th famil
e plaians r with the conditions of this permit and
in all
Performed; and adhere to such conditions. A copy of
and Order must always be en -site excavating machinery when work
is being
24) All required permits must be obtained from the Planning Board, Zoning Board, Department
Hermits must bee complied with.ynsAtmy s of Engineers 404 permits and water tCOro 1ser a ail
Certifications must be obtained prior to the start of projects involving fill
wetlands;
2E) Upon completion of the project,
has been done the Applicant shall submit a statement that all work
in conformance with the ercvisions of the -unproved order of
cate Cond itiors
and request a Certifi of Compliance. (if checked) Statement shall be by a
Professional Engineer or by a Wetlands Cmsultant who has been approved by the
Commission
( ] YES [ X] NO
26) (if checked) An "As Built" plan shall be included with the project engineer's
statement, detailing the post - development conditions of the site:
27) Ab ... elH I ]YES Cl< NO.
/e4 Flo., eA e x e- / <! P /rnr fSe S..oe .93 ° �
//rte Al HoA.
e / 'Paz^
Fleq ch.� /eS N. Da�.[5y PXePP/ /
J5� Al/ / q/ �u Ye.r or /v...
f /'PPS --�
Ffn[(d HlP4 b
! Pls ipf fP,/ llU w,
29) The fenced upland r �P f 5 e /
area shall be mana ed t 5 PP ^Prr. fP �. /Pl..i
shall be inspected annually o maintain a minimum
able Y during each growin o£ 75% vegetative cover. The area
to the Conservation Commission, 4 season °
the The consultant wetl
Y an independent ands consultant accept -
adequacy of the vegetative cover to prevent damage htol report to the Cons,
corrective measures that ma the Co.. in writing as to
Y be necessar wetland, and shall recommend any
30 TSe o_ n_ � w!P< <.. S.it
toe Ser
/bnl H/ /�P.'J w / /5.'a � red FIPa °S 5o...• -, ah YS
roe
FfJ /�[� FlP4 and no HP/ /u.,,/ Pn I e[/! F /P¢.. �J (J /S s!•
P
3�)
'q rye, +lSC fPn lP ,r 6v,' /1
5/C 191 -ee e/ l.,.il,._ /f e/ belvle -/4r 5vl r
b� {4r 6/1'1'e �� Y ta_.Y 14P NPR /on Af lOAru //r. f A,Ie/
� ,erlve/P `r // /tie�/l 0 14 �Pi /:� /A41 /4C 4 re,e dole --
(s°eccond 2 /13/91) " �� /PrrF !
5 �4
This Crcernmust be signed by a majonry of the Conservation Commission,
3 IS
on this day of SrrL 19
Personally appeared SC GF ELF before
to me nnown to be
the
Person described in and .Yno executed the foregc:ng inst,^:ment and acknewiecged :hat he executed
the same as hisiher free ac: anc ceec. W Y"B mi MID"
NOTARY PUBLIC
Notary P p ublic
In CoNNIBSION CSPIRES JAN. 10. Ind
My commission expires
TTa aecurarrz, me owner, arty.ers.n a991evee W mrs Omar, env owner of lane aeumn9 the lane uwn which he.meosee wcrx . ,M Me
cane. or any fen .eslBenn C Ine cry or lmvn m Il. such land s l.cale., are riche., n.it. f meir ngnro reeuesl lne Oecanment of
En arclecm a h 1e Issue SuceMYhre; Omer. Omvlmny me reeuest IS mace cermlee mvl or nano .9iwef,!o Me beoarmenc
wnn I" eocmanam tifmg fee an. ree 7reheir- l roan as vmmcev m 310 CMR 10.03M. wlmm hen aavz cll. cote al issuance of tms
Def.rml .1ch, A :may Of the reeuest Shah Mile Same flme .e sent 0, LeMieC mad er r..Bl., f. rfla dM r,,d.Oh p,mr:nssi.n
Mn. the aL.Lccent.
0-Lif On ..,red l in. and submit to the Northampton Conservation C nor ormrto mmmencemem of wart.
7. Northampton C111SIBIC'fratiOn 1 70 11111
!ssl'm9 +UlriCrlY
Rbasa Me a.vRec that the Omer Of CO10tlans ter me Omfect a 4J3 �/xc y?I , �v' Il e LIn/
Nort hau� ton,
e
.es veen rec.mec at Te 2ecrstry cf sh li or ado
has oeen lorez mine ccan of rme.f the anec:e. Omoem h acc.1canc. wlm Geneml C.ncm.n B an
19
II reonrcea Ienc. me iM1S,ryme01 nuke, wre. Cenci. v c; �. .. O
l: re ;:ste!ec !anc, the C]CUTent nulcer wnlgt menthes fn. RBesaOM Ie
>CL:•Lan•
310 CMR !199 028872
Form - Dsa aw no. ' 246 —dD /,,9
(fa a wwwa e DEPT
— _- CN.TO.n Northampton
- Commonwealth
of Massachusetts Aoolcam A n 1 ing
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c.131, §40 AND THE
NORTHAMPTON WETLANDS PROTECTION ORDINANCE
From Northampton Conservation Commission
To
Ann Deres /Lloyd Ewing Ann Deres /Lloyd Ewing
(Name of Applicant( (Name of property owner;
Adores =_
423 Hay Roa d, L eeds Address 42 Ha Road, Le
This Order is issued and diewe ed as follows-
by nand delivery to apolicant or representative cn
'— —�J
Z by cefPlieC mail, return receipt repuested on /4
423 Haydenville Road, Leeds, MA
_(care)
(Cate)
This prcject is located at
Northampton, Nut
The croperty - is recorded at the Reeistry of Ha pshire Co n[
Boo 2384 Pape 189
Cemificate (if
The Notice of Intent for this orojec; was `,fled on
7/22/91 (pate)
The public hearing was ctosed on 7 — / 3 "9 a (date)
Findings
The NorthamptcD r C scion has reviewed the above.refeenoed Notice of
Intent and plans and has held a puolic hearing on fire prcject. Based on ;ire information availacie ;o the
Conservation Commission atthistime,the Commission has cetermmed that
the area on wnKa ;he orccosed work is Id be done is significant to the totlowing inter°_sS in accordance with
the Presumptions of Sionif icance set forth in ;Ire regulations :or seen Area Suoject to Protection Under line
Act (check as appropriate):
❑ Public water supply 9 Flood control ❑ Land containing shellfish
L Private water supply Z Storm damage prevention ❑ Fisheries
❑ Ground water supply ® Prevention of pollution nX Protection of wildlife habitat
Total Fling Fee Submitted
ASS 0 S Sate Stare n /5
Cityrfown Share s 40 f 3t ('h lee in excess of 525
Total Refund Due S C;tyrrown Porion S State Portion S
( total) ('h mtal)
Ef`, e^IVe 1 1/1 C /89 5-1
L� c
Therefore. the No rthazl2ton Conservation Coate. hereby finds that the following conditions am
necessary. in accordance with the Performance Standards set forth in the regulations. to protect those inter-
ests onecked aoove. The Conservation Courhi 5sion orders that all work shall be perforated
in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol-
lowing conditions modify or differ from the pans. specifications or other pr000sals submitted with the Notice
of Intent. the conditions shall control.
General Conditions
1 Failure to comely with ail conditions stated herein. and with all related statutes and other regutatcry mess•
ures, small be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges: it does net authonze any injury
to private property cr invasion of private rights.
3. This Order does not relieve the permittee or any oilier person of the necessity of complying with all
other apon0able federal, state or local statutes, ordinances. by -laws or regulations.
The work authorized hereunder shall be completed within three years from the care of Inls Order unless
either or the following apply:
fal the work is a maintenance credcric project as provided for in the Act: or
(b) the time for completion has Deer extended to a specified data more than three years, but less than
five years, from the cafe of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order.
5 This Order may be e xtended by the issuing authority for one or more beiges of up t0 three years each
upon application to the issuing allthanty at least 30 days prior to the expiration dale of the Orcer.
,,. Any fill used in connection with this project snail be Olean :ill, containing no trash. refuse. rubbish or de-
bris, including out not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes.
refrigerators. motor vehicles or parts of any of the foregoing.
7. No work snail be urcenaken until all administrative appeal periods from this Order have eiacsed or. if
such an appeal has been filed, until all proceedings before the Department have been completed.
S. No work shall be undertaken until the Final Order has been recorded in the Registry of Deecs or the Land
Court for :he dismct in which the land is located, within the chain of title of the affected property. In the
case of recorded land. the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of registered land. the
Final Order snail also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to ce done. The recording information shall be submitted to the Comm, cal on
on the bnm at :he end of :his Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the words,'Massacnuseds Department of Environmental Protection,
Fie Number 246— 299
10. Where the Department of Environmental Protection is requested to make a determination and to issue
a Superseding Order, the Conservation Commission snail be a party to all agency preceedincs and
hearings Delete the Department.
11 . Upon completion of the work descrbed herein, the aDDlicant shall forthwith request in wrong that a
Ceci'ICate a Compliance be issued stating that the work has been satisfactorily ccr„dieted.
c. Tn work snail conform to !Me follcwing plars and sCeCal cdrditiors:
52
Plans:
TITLE DATED SIGNED & STAMPED BY: ON FILE:
�nf f,p1 1,1S no,P
�f FL pC z✓E OnNF 8Y ^�- . 6 d.8P'f S Pd Cons. Comm.
c. b.s✓ep �H —
1,.,tiF
Cons. Comm.
Cons. Comm.
Cons. Comm.
Cons. Comm.
Special Conditions:
13) All construction areas shall be restored to original condition or better upon
completion of the project, including vegetation;
14) No area within the 100 year floodplain, any wetland, or area within 100 fee*_ of a
wetland or 40 feet of a 100 year floodplain, as defined in 310 CMA 10, and Chapter 24,
shall be permissible disposal sites, unless such areas are specifically approved by the
Commission;
15) Excavated material and topsoil stockpiles shall be located and stabilized so as to
minimize washing into wetland areas or waterways;
16) Adequate measures shall be taken to prevent erosion and siltation of all disturbed
areas, and shall be implemented prior to any construction. Sedimentation and erosion
control devices shall be placed according to standards set in the U.S.O.A. Soil
Conservation Service, "Guidelines for Soil and Water Conservation in Urbanizing Areas
Of Massachusetts ". Placement shall be directed at the site by the project engineer in
order to accomplish maximum control of erosion and ensure than no eroded materials will
reach wetland resource areas. Hay bales must be staked. Silt fencing must be placed
in a dug trench with sufficient porosity to allow detained water to pass while trapping
suspended sediments;
17) The areas of construction shall remain in a stable condition at the close of each
construction day. Erosion controls shall be inspected at this time, and maintained or
reinforced to meet specifications in the plans and this order;
18) This Order of Conditions shall apply to any successor in interest or successor scr r
control; n
19) Members and agents of the Conservation Ccsmtissicn shall have the right to enter and
inspect the premises to evaluate compliance with the Conditions and to require the
submittal of any data deemed necessary for that evaluation;
20) The Applicant shall notify the Commission, in writing, as to the date that work will
be commencing on the project. said notification must be received by the Commission no
sooner than ten (10) days and no later than five (5) days prior to the commenc
the approved activity; ement of
21) The owner of the property described in this order must advise any potential buyer of
the property that any construction upon or alteration to said property, including brush
clearance, may require action by the Northampton Conservation Commission and any
instrument conveying any or all of the owner s interest in said property or any portion
5 -3A
7
thereof shall contain language substantially as follows: 'This property may be subject
to the Northampton Wetlands Protection Ordinance the
from the Northampton the Wetlands Protection Act, an Order
Of Conditions, and /or a Determination of a
Conservation Commission";
22) Any fill used in this project shall be clean fill, including soil, gravel, rock, and
loam. The applicant is prohibited from using demolition materials, asphalt, large
chunks of concrete, tree stumps and limbs, and general refuse;
23) The contractor is responsible with the applicant and property owner for any violation
and the penalties under the law for such violation. While all activities regulated by
this Order are being performed and during the construction phase for this project, an
on -site foreman, or project engineer, shall have a copy of this permit at the site, be to such conditions. A the 1planswand Order must always t his
he anesite and machinery when walk
is being performed; of
24 ) All required permits must be obtained from the Planning Board, Zoning Board, Department
A
Public Works, I Building Inspector prior to the start of this project and all
permits must be complied with. Army Corps of Engineers 404 permits and Water Quality
Certifications must be obtained prior to the start Of projects involving fill within
wetlands;
25) Upon completion of the project, the Applicant shall submit a statement that all work
has been done in conformance with the provisions of the approved Order of Conditions
Professional Engineer ficate of Compliance. (if checked) Statement shall be by a
Commission: or by a Wetlands Consultant who has been approved by the
[ ) YES [ X] NO
26) [if checked) An . Built" plan shall be included with the project engineer's
statement, detailing the post - development conditions of the site:
27) A/, .. —1 1 [ )YES � NO.
!r ✓.., Ch. < /PS .V- On v. C<zny
5
Y/ PK[Pnf q Hared 7 ✓/
dS� AF/ �fPPS w.YF/.. CPnr rd -
/ F+c"'f 6 a •,!P•• n�,< 6! P <..Frr FPd fio,�
Jy� r5P FPrr /� < •r ,
hc�+ii nn
/ c - znnur 6 e�i•d an.y /h. .] Ac.. <. ..- A.y.
✓�/ YhP f to /!
s"t H. - Pc .,A iov
r� t 1 /te
Liu /Jr /, d <, ipt ii, z7 �!' FFF <✓,I
Gy 16, 4j'PLC r,/ ti 1f / fiC °�P / /cti // /uh <..N s.{ h• <p1
I�c{ ,ill ✓dl `,- r'f /z,..+/ y ,'4 [ il. l� /h F! f2{ 4 <i{ r N ✓p
0 F
(speccand 2/13/91)y 15,
;?
On this 3 day of —o °`� y 1 9 �`� . before me
personally acoeared SE < G ELF to me renown to be the
person described in and who executed the foregoing instrument and acknowledged t1 at he she exeomed
the same as heiher tree act and deed. ]l Mr PcmBH
Notary PCooc
11pTwNr PUBLIC
M WIffileali E %Fl fE I JAN. if IOYd
My commission expires
The adoiradc me owner, arty defend aggnevea by tms Omer any owner of land adoeing:ne and udon wnicn the oreadoed wark Ie Ic de
one. Or any Ten reeiaenls Of !Me city or town in wnicn sacn lend a iaalea. are reedy notiaea at :her ngnl to ..,at me Deoaroenl at
Environmental ?rateelon !a Issue a suo iiaong Omea pmvioing the reauesl a mare cy cooled Iran or nano drive, Id no Dedanmenl,
win me addrodnai¢ fining fee and red Transminal roan as dranaea In 31e CUR toA3pf, wain lair days `em In¢ Cate Of lasuance Of mri
delemLnced, A CCpy of Ina !Pares: snaii at tee same area de sent dy Ore llea mail Or hand ... 'a' 1. The dnnservadon GnmNSSon
aria Ina aodiman;,
o atom on oeneame and fu aide to to a Northampton Conservation Com. error to dammed semen l of work.
ra Northampton Conservation Commission
Please oe advised 1. a2 td¢ Order of Cenandns forme eroiee a 4J3 Nny�p „v.
evl,-de. 246 —'?9� Ror a C m � e n t aria
as dean reco.aeC a I!ne -ieO, Vof
has seen mmea,n me cram of nee CI :lie adii crcoam, in aovcance win General condition a on t 9_
I1 recJraea land. fine refnement m:eaer wreca !concurs of TafLeacaC n
•: registered Iany me :=urre l nurtiCer weCr iaen:llles this IRneaC]on ie
l / ,
Dat N 1.3 o'
1992 atclock and L �rfutes '.M., Recd ent'd and exani
This Order must be signed by a majority of the Conservation Commission.
,5
FRarl : PHONE No. Pu'-
CHARLES H. DAUCHY
Environmental Consultant
24 old Long Plain Rd. RFDk3
Amherst, MA. 01002
(413) 546
June 22, 1982
Northampton Conservation Commission
City Hall
210 Main Street
Northampton, MA 01060
Re: Ann Pares & Lloyd Ewing
423 Haydenville Rd, Leeds
Dear Commissioners:
This letter is in response to our discussions at your 5/26/82 Public Hearing
and to outline work done since then. At the hearing, the Commission's chief
concerns were the extent of wetland alteration and _the need for some
reasonably defined criteria to limit the Intensity of use of the area. To
address these concerns, the Deres-Ewings have now mapped the area of upland
and wetland to be used and consulted with the USDA Solt Conservation Service
regarding management of the area.
1. Wetland delineations As previously explained, extensive areas on the
south side of the brcuk are wetland, intermixed with small or marginal areas
of upland. i have now flagged the principal upland area and the applicants
have mapped the flag locations. Due to the use by the horses, much of the
vegetation is disturbed, but the White Pine overstory, emerging herbaceous
growth, topography and evident wetland hydrology pwrmit a reasonable
delineation.
2. Area to be fenced Ms. Dares has cbacked the coning requirements and
finds that the entire minimum required acramgs does not need to be fenced.
simply owned. This therefore enables them to reduce the fenced area to
minimize the wetland araa to be alterad. A new approximate fence -line is
proposed based on recommendations by the SCS and myself. This area includes
the principal upland area and drier areas of adjacent wetland that are not as
subject to seepage, surface flow, or pending. It leaves a substantial buffer
area (80 ft. or more) to the brook. Based on this layout, the app o buffer
area of wetland to be fenced is 3000 sq. ft. or less.
3. Access Path The existing access path is located primarily on an narrow
neck of upland slightly above the adjacent wetland and not subject to surface
flow. Although erosion of horse paths due to traffic and runoff can be a
problem, this area shows no erosion problem in spite of use by the horses.
rom
This area is outside the fence and only used to lead the horses to from
the area, thus limiting the impact. If a problem does develop, the
recommends that - the path could be stabilized by applying wood chips or hay
chaff" (degradable in the event that the area was abandoned).
4. Rev. at tion of d(s Curbed areas The wetter areas within the present
fencing are used less by the horses and ae ginni to revegatat naturally.
Once the fenced area is reduced as proposed,
, r.un - FHUHE HL. PO-
completely re- establish itself. If supplemental seeding is required, the SCS
has provided a recommendation (a Reed Cannarygraes /Red Top mix).
5. S tandards for limitation of use or impact At the previous hearing, there
was discussion of the need for measurable standards to determine it the area
was being too intensively used and severely altered. This was In the context
Of the area of wetland altered being un-mapped and well over 5000 square feet.
The applicant's intended use of the area, as a temporary exercise and holding
area, will be intermittent and not appropriate for limitation by a time
schedule. Percentage of vegetative cover may be a difficult standard due to of
area f rom
The SCS had no standards felt d to
to horses in his
situation.
Now that the area has been mapped and the wetland alteration reduced to
less than 3000 sq. ft., we propose that this area limitation itself is the
most effective way to control the impact. A large butter remains to the
brook. Access is primarily via upland and not subject to erosion. Trees
within the fenced can be fenced for protection. It abandoned, the area would
still revert to indigenous vegetation.
Thank you for your consideration of this information. I hope this information
and the Applicants' mapping are sufficient for you to close the hearing and
permit the work as proposed.
if you have any questions on this matter, please call. Thank you for your
consideration.
Sincere) Y,
J ��
h ee Dau• y
cc: Deres /Eying
Lloyd
Ewin nn Heres
i
D COOK
i
a
... 2.�
/Iy (IA
i
s
This is a map of our property
located at 423 Haydenville Road
in Leeds, MA. please use this
as the amended plans for the
notice of intent. We are
asking to keep the bridge in
the same location and enclose
the area south of the brook
indicated by the dotted lines
for the purpose of letting
two horses exercise on the
property. There will be no
buldings, clearing of wooded
areas or excavation of the
property. (previous plans
should be disregarded)
p anA o•� s „,..Iti r �P
310 CMR 10.99
Farm 3 ode Fria eo. 246-
. Commonwealth �s hr.. wed W deal
!M - of Massachusetts - t� cly Town Northampton
NINE COPIES OF THIS FORM, COMPLETE Notice of Intent
:1•IT?i PLANS, TO CONS. COMMISSION Under the
TWO COMPLETE COPIES TOP SPRI F LD
7Nassac�lusetts �}Je ands Protection Act, G.L. c.
131, §40
and
Application for a Department of the Army Permit
6 NORTHAMPTON WETLANDS PROTECTION ORDINANCE
Part I: General Information ,, II,,....
1. Location Sheet Address 4ca3 4 , F% ATnJl 1 ` 1e Rd L��� a c 1v,Q
Lot Numoer ASSESSORS' MAP ID. if
2- Pro,ect Tybe ' Description FO=� c CC'SSI f1Q
l�ctr �sJ c rf TWC �ctC � C ( J JC�S�J� , d rh� 7 l q (1 art��
3. Registry '. County Hampshire Current Book N JU> 8 Page 199
Certificate ( Registered Land)
4. Applicant r1nl '4.9iV'i°` �LY Cb �1 1 f1C1 Tet�2.C>,
I
5. Procerty Owner �l� PYIC� (3, c i b Tel.
Address
6. Reoresenranve
Tel
Address
7. a. Have the Conservation Commission and the Department's F.eeional Office each been sent, by cehined
mail or hand delivery, 2 espies of completed Notice of Intent, with supporting plans and documents?
Yes $ No
b. Has the fee been submitted? 3' Yes El No
c. Total Filing Fee Submitted
d. City /town Share of Fling Fee `�' t`+C7C State Share of Filing Fee
(sent to Citvf7own) (' /z of fee in excess of 92:, sent to DER)
e. !s a br:et statement attached indicating how the applicant calculated the fee? Yes 2 No /
f. Permit requested under: Mass. Wetlands Protection Act (310 CMR 10): 1/
Northampton Wetlands Protection Ordinance: �—
Effeaive 1IM31E9
g. Have all obtainable permits, variances and approvals repuired by local bylaw been obtamed7
Yes k N%I*,
Obtained:
Applied For: Not Applied For.
9. Is any portion or the site subject to a Wetlands Restrction Order pursuant to G.L. c 131, §40A or G. L.
c.130, §105? Yes C No X
10. List all clans and supporting documents submitted with this Notice of Intent
ATTACH LOCOS MAP SLOWING SITE LOCATION CLEARLY MARKED
Identifyinc
.�/ Title. Date
Numoer Leger
off)
areas within which work Is proposed:
11 Check those resource
(a) 54 Bofier Zone
(b)Inlanc.
Land Subject to Flooding,
S Bank'
Borcering Vegetated WeL'and'
— Bordering
- Land Under Water Body 8 Waterway'
isolated
(c) Coas:a!:
Designated Port Area'
Land Under the Ocean'
_
—
- Coastal Beach'
- Coastal Dune
- Coastal Bank
- Barrier Beach
N/A = Rocky Imerncal Shore' N/A
- Salt Marsh'
_ Land Containing Shellfish
- Land Under Salt Pond'
— Fish Run'
L Kely to involve U.S. Army Corps of Engineers concurrent jurisdiction. See General InsRUCtions :cr
Comoieling Notice Of Intent.
-.2
12. Is the wetland resource area to be altered by the proposed work located on the most recent
Estimated Habitat Map (if any) of rare, "state - listed" vereorate and invertebrate animal species
occurrences provided to the conservation commission by the Natural Heritage and Endangered
Species Program?
YES [ j NO O(j Date Printed an the Estimated Habitat Map issued
(if any) October 19 E7 Hol voke
or Sanuary 1990 - Easthacoton
It yes, have you completed an Appendix A and a Notice of Intent and filed them. along with
supporting documentation with the Natural Heritage and Endangered Species Program by
certified mail or hand delivery, so that the Program shall have received Appendix A prior to the
filing of this Notice of Intent?
YES [ ] NO [ ]
DEP Western Regional Office
State House West, 4th Floor
436 Dwight Street
Springfield, MA 01103
33
Part II: Site Description
Indicate which It the following information has been provided ion a plan. in narrative description
tions) to Clearly, Completely and accurately describe existing site Conditions, or calcula-
Identifvng
Numbe,Letter
(of plan. narrative
or calculations)
Part III: Work Description
Indicate which of the following information has been provided (on a plan, in narrative Description or calcula-
tions) to clearly, completely and accurately describe work proposed within each of the resource areas
checked in Part I. item 11 above.
Identifying
Numoer /Letter
(of plan. narrative
or calculations)
Planv ^w anC Gs of
Strec: . '
�] ----1 ,!res (sucn as builgmos. piers, towers and heaowals)
Drainage and hood control facilities. including culverts and Coen Canners with inverts),
cams and dikes
Subsurace sewage disposal systems & underground utilities
Filling, d11Cmng and excavating, indicating volume and Composition at material
Com pensatcry storage areas, where required in accordance with Part III, Section 10:57
f41 of the reg ulations
Wildlife habiat restoration or replication areas
Other
Point Source Discha c
Descr m6on of cr%araverisncs of discharge from point souse !both closed and Coen
cnannei), when point or discharge falls within resource area c :necked under Part I, item
11 acove as supported by s:ancard engineering calculations. Casa and Olans. ,nciuo,g
bur not limrtec to the rodowing.
3 -4
Natural Features:
Sods
Vegetation
Topography
RP (
Open water bodies (including ponds and lakes)
NONc
Flowing water bodies (including streams and rivers)
Public and Private suN,ace water and ground water supplies on or wdhin 100 feet
Maximum annual cround of site
water elevations with dates and location of test
SOuncases
of resource areas CheCke o under Part I. item 11
Other above
(�p[J
Man -made Features:
—�
StrU=,es (suol 2a buildings. piers, towers and headwalls)
Drainage and flood control facilities at the site and immediately
off the site. including
Cu[verl5 and open channels (with inverts), dams and dikes
Subsurface sewage disposal systems
t
Undererounc utilities
Ihl t
Roadways and Parking areas
Property boundaries, easements and rights -of -way
Other
Part III: Work Description
Indicate which of the following information has been provided (on a plan, in narrative Description or calcula-
tions) to clearly, completely and accurately describe work proposed within each of the resource areas
checked in Part I. item 11 above.
Identifying
Numoer /Letter
(of plan. narrative
or calculations)
Planv ^w anC Gs of
Strec: . '
�] ----1 ,!res (sucn as builgmos. piers, towers and heaowals)
Drainage and hood control facilities. including culverts and Coen Canners with inverts),
cams and dikes
Subsurace sewage disposal systems & underground utilities
Filling, d11Cmng and excavating, indicating volume and Composition at material
Com pensatcry storage areas, where required in accordance with Part III, Section 10:57
f41 of the reg ulations
Wildlife habiat restoration or replication areas
Other
Point Source Discha c
Descr m6on of cr%araverisncs of discharge from point souse !both closed and Coen
cnannei), when point or discharge falls within resource area c :necked under Part I, item
11 acove as supported by s:ancard engineering calculations. Casa and Olans. ,nciuo,g
bur not limrtec to the rodowing.
3 -4
I Delineation of the drainage area contributing to the point of discharge.
2. Pre. and past- development peak run -off from the drainage area. at the point of discharge. for at least the
10 -year and t 00 -year frequency storm.
3. Pre- and post - development rate of infiltration contributing to the resource area cnecked under Part I. item
11 above.
d. Estimated water quality CnaractenstiCS Of pre and posi-development rum of! a! the colni of discharge.
Part IV: Mitigating Measures
1 Ciearly, completely and accurately descnoe, with reference to succoring plans and calculations where
necessary.
(a) All measures and designs proposed to meet the performance sfandards set forth under each re-
source area speciiied in Part II or Part III of the regulations. or
(b) why the presumptions set forth under each resource area specified in Part II or Part III Of ;he reCula-
bons do not aptly.
_ Ccasai Resource Area Type Le� j n ent.tymgnumber orlener
% irnana ...... On u."m I,
i uj,oe
F7
The proposed foot bridge going over Beaver Brook will be constructed with
some of the existing materials. This bridge will not cause any bank erosion or divert
water. It will be constructed of all wood materials and will sit on the banks of the
brook. No cement will be used in construction. The water will flow freely as nature
wishes it to. There will be no dredging or diverting of the water. This bridge will not
disrupt the waterway at all.
cnas;al aasGUrce A, ea Trne I - Itlernityiny numper or letter
i.nian_ R.L7C'�INC'� VCX� EI"1C ots =cx.^.;ocume
SAP Air -, tc) , car. VX ffk �tr
3s
2. Clearlv . comeetely and accurately deserlbe . wilh reference to suovorting plans and Calculations where
necessary.
jai all measures and designs to regulate work within the Buffer Zone so as to ensure that said work
does not alter an area specified in Pan I, Section 10.02(1) (a) of these regulations: or
(b) if work in the Buffer Zone will alter such an area, all measures and designs proposed to meet the
performance standards established for the adjacent resource area-specified in Pan II or
Par III of these regulations.
Resource Area Tyoe Boroered By 1 00 -Foot Oisc: aLOnary Zcne. �oenvrying numoar or ierter
I of succor, cocunems
3 marac
The proposed barn will be erected more that too feet of Beaver Brook. This
building will be used for protection of three horses, hay, bedding and horse supplies,
ie. saddles, bridles, brushes etc.... The land used for pasturing will not be disrupted
in any manner. This land was used in past years as pasture land for various types of
animals. To date, the land was not damaged by any of the pasturing animals. It is
our belief that our horses will not damage the property. The area enclosed for
pasture is currently in better condition than before the horses resided on said
property. The animals naturally fertilize the land- It is our wish to clean a section for
a riding ring. We would like to take out all stumps and remove rocks from the riding
area- As you can see in the drawings, the riding area is well over 100 feet from the
brook. This is the only clearing and de- stumping of our property that we will be
doing- The remaining pasture will be natural as it is today.
Part V Additional Information for a Department of the Army Permit
1 COE Application
(to be provided by COE) (Name of waterway)
3. Names and addresses of properly owners adjoining your property:
a. Document other orolect a!tematives (I.e., other locations and /or construction methods . partlCUlany those
flat a e'_!d zr min ate the dlscnarg e of dreccec or !ill material into waters or wetlands!-
612' x 11 " drawings in planview and cross- section. snowing the resource area anc the preposed aLtiv-
hy within the resource area Drawings must be to scale and should be clear enough for photococying.
Cerrification is required from the Division of Water Pollution Control before the Federal permit car be
issued. Certification may be obtained by contacting the Division of Water Pollution Control. 1 Winter Street,
Boston. Massachusetts 02108.
Where the activity will take place within the area under the Massachusetts approved Coastal Zone
Management Program, the aopl icant certifies that his proposed activity complies with and will be conducted
in a manner that is consistent with the approved program.
Information provided will be used in evaluating the application fora permit and is mace a matter of public
record through issuance of a public notice. Disclosure of this information is voluntary, however, if necessary
information is not provided, the application cannot be processed nor can a permit be issued.
I herapy certify under the pains and penalties of perjury that me foregoing Notice of Intent and accompanying
Plans ooc'Jments antl supporting data are true and complete, to the cast of my knowlecce.
i
(qLV Maw Qz 1 7 as 9i
S azure of App nt Date
Sisnamre of Aopi :caot'a Representative Date
FORM
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100
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82
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4:1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection — Wetlands
WPA Form 1- Request for Determination of Applicab lity
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
City of Northampton Wetlands Protection Ordinance, c. 24
A. General Information City/Town
Northampton
1.. Applicant:
L_► <,t�d �.wiro. °i- erN r 42:3(Q'�C
Name E -Mail Address (if applicable)
Mailing Address
City/Town State ip Code
Phone Number Fax Number (if applicable)
2. Representative (if any):
Firm
Contact Name
Mailing Address
City/Town
Phone Number
B. Determinations
State
Code
Fax Number (if applicable)
1. 1 request the Northampton Conservation Commission make the following determin
that apgJv:
❑ a. whether the area depicted on plan(s) and /or map(s) referenced below is an
jurisdiction of the Wetlands Protection Act.
). Check any
subject to
❑ b. whether the boundaries of resource area(s) depicted on plan(s) and /or maples) referenced
below are accurately delineated.
Y c. whether the work depicted on plan(s) referenced below is subject to the Wetla' ds Protection Act.
❑ d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction
of any municipal wetlands ordinance or bylaw of Northampton.
❑ e. whether the following scope of alternatives is adequate for work in the Rive ont Area as
depicted on referenced plan(s).
Note: The Northampton Conservation Commission requires a total of nine (9) collated copies
of this applic4tion when it is submitted, together with the $50.00 filing fee.
E -Mail Address (if applicable)
WPA Fwml
Rev. 02/00
Page 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection — Wetlands
M
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
City of Northampton Wetlands Protection Ordinance, c. 24
C. Project Description
1. a. Project Location (use maps and plans to identify the location of the area subject to this request):
Street Address �J ..� City/rown
Syye # G -K 5q 3. 1 to WC,, -- 094 -- 00 1
Assessors Map /Plat Number (REQUIRED) �� Parcel /Lot Number (REQUIRED)
b. Area Description (use additional paper, if necessary):
• fir 0 A
c. Plan and /or Map Reference(s):
4 2ki, S . 1-1tLpiL_ '-- /� -- (,)3
Title Date
AN\CA LA ,P C NA'\ \Ar, c%A
t' can �.: i � �-, c -- F'Ic k �. � �'lc7 ►�,�, �t�,�
2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary):
Q n\c'1( 0 t?A%'S u: �su (3'Ele- Sug1e�
Ewa; - �r� �. skec�,�,,,.. b\ Z S �►� -:. � 4ie, r e tar Q —
\�t� •�k po :SACX Z cd,
A10--. ? �C &02� :, a �L1rd \ �r� ►tT� - G- \Ok% tK2) \\ 1 0c �0 A An �1CptlG�lr1 $
1r 'e - C 61, I�C� C 1 SA PCZJ��Oi� } S.& � 1010 - C+ 4 Lb C b= iGAJ V
b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant
from having to file a Notice of Intent for all or part of the described work (use additional paper, if
necessary).
tIL, V �� w;�L, 1C� • 5S� �t�,l cis ctr, ,Pxe►.., �-
ks -4�.
4- �� -;,�. 4 � \OGG -C'c�4 �u Q—C. 4 ro�; 0dc,`�cc�\
WPA Fortn1
wAk \cam C7b�ec�e�
Re,, 02100 Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection — Wetlands
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
3
City of Northampton Wetlands Protection Ordinance, c. 24
C. Project Description (cont.)
3. a. If this application is a Request for Determination of Scope of Alternatives for work in the
Riverfront Area, indicate the one classification below that best describes the project.
❑ Single family house on a lot recorded on or before 8/1/96
❑ Single family house on a lot recorded after 8/1/96
❑ Expansion of an existing structure on a lot recorded after 8/1/96
❑ Project, other than a single family house or public project, where the applicant owned the lot
before 8/7/96
❑ New agriculture or aquaculture project
❑ Public project where funds were appropriated prior to 8 /7/96
❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed
restriction limiting total alteration of the Riverfront Area for the entire subdivision
❑ Residential subdivision; institutional, industrial, or commercial project
❑ Municipal project
❑ District, county, state, or federal government project
❑ Project required to evaluate off -site alternatives in more than one municipality in an
Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an
application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality
Certification from the Department of Environmental Protection.
b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification
above (use additional paper and /or attach appropriate documents, if necessary.)
1�J A
WPA Fwmt
Rev. 02/00
Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection — Wetlands
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
t . , City of Northampton Wetlands Protection Ordinance, c. 24
D. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability
and accompanying plans, documents; and supporting data are true and complete to the best of my
knowledge.
I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional
Office (see Appendix A) were sent a complete copy of this Request (including all appropriate
documentation) simultaneously with the submittal of this Request to the Conservation Commission.
Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for
Determination of Applicability.
Name and address of the property owner:
Name
Mailing Address
t
Cityrrown
State Zip Code
Signatures:
I also understand that notification of this Request will be placed in a local newspaper in accordance with
Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations and that the $50.00 filing fee includes
this cost.
r
Of
M
Date
01ynaufre of mepresen[aave (it any)
Date
Affidavit of Service
Under the Northampton Wetlands Protection Ordinance when filing a Request for Determination of
Applicability the following action is required:
1' (name of person making the Affidavit) hereby certify under the pains and penalties
of perjury, that on/by (insert date) I posted a sign on the property (facing the
public- right -of -way) at least 5 days prior to the public hearing stating that Request for Determination
is pending with the Northampton Conservation Commission and indicating where additional information
can be obtained.
WPA Formi
Rev. WOO
Page 4 of 4
432 GPD ___]]
co
APPROX. LOCATION OF
EXISTING SEPTIC TANK
SEDIMENTATION CONTROL FENCE
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ASSUMED ELEVATION • 100.00'
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? S.A.S. TO THE FRONT
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APPROXIMATE 1
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ILI Massachusett partment of EnvironmentaWrot stion
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
retur
n ke
" �--�I
-n A
VV W
A. General Information
From:
Northampton
Conservation Commission
To: Applicant
Llovd Ewinq & Ann Deres
Name
423 Haydenville Road
Mailing Address
Leeds MA 01053
Cityrrown
Property Owner (if different from applicant):
Name
Mailing Address
State Zip Code City/Town
State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
"Septic Site Map" prepared by Hilltown Environmental Consulting 1 -16 -03
Title Date
Title
Title
2. Date Request Filed:
April 1, 2003
Date
Date
B. Determination
Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Installation of a new septic system.
Project Location:
423 Haydenville Road Leeds
Street Address City/Town
6 54
Assessors Map /Plat Number Parcel /Lot Number
wpaform2.doc • rev. 4/28/03 Page 1 of 5
Ll Massachusetts`.�partment of Environmental Pro"on
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination(s) is /are applicable to the proposed site and /or project relative to the
Wetlands Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been
received from the issuing authority (i.e., Conservation Commission or the Department of
Environmental Protection).
❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act.
Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced
plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this
Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its
regulations regarding such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent.
❑ 5. The area and /or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaform2.doc • rev. 4/28/03
Page 2 of 5
1 prot"on
Massachusett"partment of Environmentat�Prot..s ion
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out From:
forms on the Northampton
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner (if different from applicant):
your cursor -
do not use the Lloyd Ewing & Ann Deres
return key. Name Name
423 Haydenville Road
VQ Mailing Address Mailing Address
Leeds MA 01053
City/Town State Zip Code City/Town State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
"Septic Site Map" prepared by Hilltown Environmental Conswtin 1 -16 -03
Title Date
Title Date
Title Date
I
2. Date Request Filed:
April 1, 2003
a
B. Determination
Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Installation of a new se
Project Location:
423 Haydenville Road Leeds
Street Address City/Town
6 54
Assessors Map /Plat Number Parcel /Lot Number
wpaform2.doc • rev. 4/28/03 1 Page 1 of 5
Ll Massachusetts\,.„cpartment of Environmental Proton
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination(s) is /are applicable to the proposed site and /or project relative to the
Wetlands Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been
received from the issuing authority (i.e., Conservation Commission or the Department of
Environmental Protection).
❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act.
Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced
plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this
Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its
regulations regarding such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent.
❑ 5. The area and /or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name
Ordinance or Bylaw Citation
wpaform2.doc • rev. 4/28/03 Page 2 of 5
I
Massachusett"partment of EnvironmentalProu -Rion
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
V Q
�;A
wpaform2.doc • rev. 4/28/03
A. General Information
From:
Northampton
Conservation Commission
To: Applicant
Lloyd Ewing & Ann Deres
Property Owner (if different from applicant):
Name
423 Haydenville Road
Mailing Address
Leeds MA 01053
Name
Mailing Address
V ity/ I own State Zip Code City/Town State Zip Code
Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
"Septic Site Map" prepared by Hilltown Environmental Consulting 1-16-03
Title
Date
I IIIC
Date
Title
Date
2. Date Request Filed:
April 1, 2003
rs. uetermination
Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Installation of a new septic system.
Project Location:
Assessors Map /Plat Number Parcel/Lot Number
Street Address City/Town
6 54
423 Haydenville Road Leeds
Page 1 of 5
L1 Massachusetts\,.„cpartment of Environmental Proton
Bureau of Resource Protection - Wetlands
1 WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination(s) is /are applicable to the proposed site and /or project relative to the
Wetlands Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been
received from the issuing authority (i.e., Conservation Commission or the Department of
Environmental Protection).
❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act.
Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced
plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this
Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its
regulations regarding such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent.
❑ 5. The area and /or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaform2.doc • rev. 4/28/03
Page 2 of 5
Ll' Massachusetts apartment of Environmental Prott .ion
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and /or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post- marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ 2. The work described in the 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 of a
Notice of Intent.
® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
1. The applicant shall use filter fabric for erosion control, located per site plan by Hilltown
Environmental dated 1/16/03.
2. The erosion control barrier shall serve as limit of work line.
3. The erosion control shall remain in place until successful revegetation of the site and approval
by the Conservation Commision or agent.
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2.doc • rev. 4/28/03 Page 3 of 5
Ll�
Massachusetts L..partment of Environmental Prote _.on
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office (see Appendix A) to issue a Superseding Determination of Applicability. The
request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee
and Fee Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Form) as
provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A
copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation
Commission and to the applicant if he /she is not the appellant. The request shall state clearly and
concisely the objections to the Determination which is being appealed. To the extent that the
Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands
Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction.
wpaform2.doc • rev. 4/28/03 Page 5 of 5
I t - I
}
Massachusetts pepartment of Environmental Protection
Bureau of Resource Protection — Wetlands cab�li
WPA ForM 1 - Request for Determination of App i� i ty
Massachusetts Wetlands Protection Act M.G.L. 4.131, §40
City of Northampton Wetlands Protection Ordinance, c. 24
lTown
A. General Information City Northampton
important:
When filling out
forms on the
computer, use
only the tab key
to move your
cursor- do not
use the return
key.
64
WPA Fmm1
Rev. 02!00
1. Applicant:
Name
Mailing Address
U,e
City/Town
Phone Number
2. Representative (if any):
Firm
Contact Name
Mailing Address
City/Town
Phone Number
B. Determinations
E -Mail Address (it appncaoie)
State
Zip Code
Fax Number (if applicable)
1. I request the Northampton' Conservation Commission make the following deterrhination(s). unecK any
that aPQJV:
[ a. whether the area depicted on plan(s) and /or map(s) referenced below is n area subject o
jurisdiction of the Wetlands Protection Act.
❑ b. whether the boundaries of resource area(s) depicted on plan(s) and /or 4(s) referenced
below are accurately delineated.
whether the work depicted on plan(s) referenced below is subject to the V etlands Protection Act.
[ +�c.
❑ d. whether the area and /or work depicted on plan(s) referenced below is subject to the jurisdiction
of any municipal wetlands ordinance or bylaw of Northampton.
❑ e. whether the following scope of alternatives is adequate for work in the lRiverfront Area as
depicted on referenced plan(s).
Fax Number pt appncawe)
Zip Code
Note: The Northampton Conservation Commission requires a total of nine (9) collated copies
of this application when it is submitted, together with the $50.00 filing fe�.
Page 1 of 4
4
E -Mail Address (if applicable)
State
Massachusetts Department of Environmental Protection
Bureau of Resource Protection — Wetlands
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §
City of Northampton Wetlands Protection Ordinance, c. 24
C. Project Description
1. a. Project Location (use maps and plans to identify the location of the area subject to this request):
Street Address
Assessors Map /Plat Number
Ord/
0
c. Plan and /or Map Reference(s):
Title
2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary):
n..
t�x � r. Sr �'�LaCs �3:n5
4,11.
- '\C mC s L o_& ,, cc
NC' `-
\oC'\TJ'
b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant
from having to file a Notice of Intent for all or part of the described work (use additional paper, if
necessary).
t0'
WPA Formt
Rev. 02100
i
vate
to
Ak _ L ros� or. co' - O\
Page 2 of 4
440%
b. Area Description (use additional paper, if necessary):
Massachusetts Department of Environmental Protection
Bureau of Resource Protection — Wetlands Applicability
WPA Form 1- Request for Determination of App ty
Massachusetts Wetlands Protection Act M.G.L.
City of Northampton Wetlands Protection Ordinance, c. 24
r C. Project Description (cont.)
3. If this application is s classi cat Determination of Scope of
below that best describes p oject. in the
R iverfront Area, indicate the one
❑ Single family house on a lot recorded on or before 8/1/96
❑ Single family house on a lot recorded after 8/1/96
❑ Expansion of an existing structure on a lot recorded after 8/1/96
❑ Project, other than a single family house or public project, where the applicant owned the lot
before 8/7/96
❑ New agriculture or aquaculture project
❑ Public project where funds were appropriated prior to 8/7/96
❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed
restriction limiting total alteration of the Riverfront Area for the entire subdivision
❑ Residential subdivision; institutional, industrial, or commercial project -
❑ Municipal project
❑ District, county, state, or federal government project
❑ Project required to evaluate off -site alternatives in more than one municipality in an
Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an
application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality
Certification from the Department of Environmental Protection.
b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification
above (use additional paper and /or attach appropriate documents, if necessary.)
A -
page 3 of 4
WPA Forth
Rev. 02100
Massachusetts Department f Environmental Protection
Bureau of Resource P
- WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131,
City of Northampton Wetlands Protection Ordinance, c. 24
D. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability
and accompanying plans, documents, and supporting data are true and complete to the best of my
knowledge.
I further certify that the property owner, if different from of this applicant, and the
(including all appropriate P Regional
Office (see Appendix A) were sent a complete copy 4
documentation) simultaneously with the submittal of this Request to the Conservation Commission.
Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for
Determination of Applicability.
Name and address of the property owner:
A t-� �� ��S a- «
Name
Mailing Address
City/Town
M � Zip Code 1
State
Signatures:
I also understand that notification of this Request will be placed in a local newspaper in accordance with
Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations and that the $50.00 filing fee includes
this cost.
,� C �,..•�.� �. 1 \ , ,9 Bate
Signature of Applicant-
Signature of Representative (if any)
Date
Affidavit of Service
Under the Northampton Wetlands Protection Ordinance when filing a Request for Determination of
Applicability the following action is required:
hereby certify under the pains and penalties
I,
(name of person making the Affidavit) property (facing the
of perjury, that on , I posted a sign on the prop y ( 9
(insert date) he public hearing stating that
public- right -of -way) at least 5 days prior to t on Commission nd indicating wheere additional Determination
is pending with the Northampton C
can be obtained.
Page 4 of 4
WPA Formt
Rev. 02100