28-062 (2) ' Y
Issued By Northampton Conservation Commission
Signatur s) '
tom"`
This Order must be signed by a majority of the Conservation Commission.
On this 2 7th day of Ta n ii a rW 19 88 before me
personally appeared Ralph Emrick ,to me known to be the
person described in and who executed the foregoing instrument and acknowledged that heiatexecuted
tmh,e same as hisrher free act and deed.
V,;
NOTE
MY COMMISSION EV;25
Notary Publi My commission expires OCTOBER 24,1991
The applicant,the owner,any person aggrieved by this Order,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 Department
of Environmental Quality Engineering to issue a Superseding Order,providing the request is made by certified mail or hand delivery to
the Department within ten days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified
mail or hand delivery to the Conservation Commission and the applicant.
Detach on dotted line and submit loth* hlnrtham;r on Cnn ca rva t i nn ('nmmi s p i major to commencement of wont.
To Northampton Conservation Commission Issuing Authority
Please be advised that the Order of Conditions for the project at
File Number has been recorded at the Registry of and
has been noted in the chain of titte of the affected property in accordance with General Condition 8 on .19
If recorded land, the instrument number which identifies this transaction is
If registered Land,the document number which identifies this transaction is
Signature Applicant
5-4A
DEOE File No. 246- 189
ecial Conditions (continued)
The Applicant shall notify the Conservation Commission, in writing, as to the date that work will be
commencing on the project. Said written notification must be received by the Commission no sooner than
ten (10) days and no later than seven (7) days prior to the commencement of the approved activity.
(if checked) The Applicant shall comelets and execute the attached ATTACHMENT "A"/NOTICE OF POSSIBLE
WETLANDS RESTRICTIONS UNDER M.G.L. C. 131, S.40 relative to this project on this parcel
Said ATTAM�= "A" shall be attached to, become a part of, and shall be filed with this Order Of
Conditions at the Registry of Deeds. The Applicant shall return a copy of the completed and notarized
ATTACTIENT "A" to the Conservation Commission when the bottom portion of Page 5-4A of this Order of
Conditions Of Conditions' is returned. XX) YES ( ) NO
10) A swale that parallels the road and runs the length of the frontage shall be maintained
and kept clean.
11) The house shall have gutters and downspouts that direct the flow to the west (in other
words, away from the house and driveway and toward the back of the lot) .
12) There shall be no lawn area or further grading beyond the stone wall (the non-encroachment
line) .
13) The hay bales shall be left to rot in place where they form a siltation barrier along
the perimeter of the work area.
i4) This approval applies only to the revised pian (which adds 50 ft. of frontage from
Lot 4) . The initial plan is not acceptable.
5-3B
Plans :
Title Dated Signed and Stamped by: On File with:
Plan for Single Family House 12/9/87 Mark B. Darnold Almer Huntlev & Assoc.
special Conditions (Use additional paper if necessary)
I) All construction areas shall be restored to original condition or better upon completion of the project,
including vegetation;
2) No areas within the 100 year floodplain nor within 100 feet of a wetland area, as defined in Chapter 131,
Section, M.G.L., shall be permissable disposal sites, unless otherwise approved by the Conservation
Commission;
3) Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into
wetland areas or waterways;
4) Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas;
5)
This Order of Conditions shall apply to any successor in interest or successor in control;
6) 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 by
the Commission for that evaluation;
7) (if checked) Upon completion of the project, the Applicant shall submit a statement from the Project
Engineer that all work has been done in conformance with the provisions of the approved Order of
Conditions.
)tX) YES ( ) NO
.................................................................... .........................................
(Leave Space Blank)
5-3A
Therefore, the Conservation Commission hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth in the regulations,to protect those inter-
ests checked above.The Conservation Commission orders that all work shall be performed
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 plans,specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
General Conditions
1. Failure to comply with all conditions stated herein, and with ail related statutes and other regulatory meas-
ures,shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges,it does not authorize any injury
to private property or invasion of private rights.
3. This Crder does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state or local statutes, ordinances,by-laws or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless
either of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act: or
(b) the time for completion has been extended to a specified date more than three years,but less than
five years, from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order.
5. This Crder may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill, containing no trash,refuse, rubbish or de-
bris, including but 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 shall be undertaken until ail administrative appeal periods from this Order have elapsed or,if
such an appeal has been filed, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Court for the district 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. Imthe case of registered land,the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done.The recording information shall be submitted to the Commission
on the form at the end of this 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, "Massachusetts Department of Environmental Quality Engineering,
File Number 246- 189
10.Where the Department of Environmental Quality Engineering is requested to make a determination and '
to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings
and hearings before the Department.
11.Upon completion of the work described herein, the applicant shall forthwith request in writing that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed.
12.The work shall conform to the following plans and special conditions:
5-2
Form 5 DEQE Re No.
246-189
(To be provided by DEQE)
Northampton
?T r City/Town
Commonwealth
MR, of Massachusetts Applicant Jim R. Boyle
"U
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, X40
From Northampton Conservation Commission
To Jim R. Boyle same
(Name of Applicant) (Name of property owner)
Address P.O. Box 597, Florence , MA 01060 Address same
This Crder is issued and delivered as follows:
❑ by hand delivery to applicant or representative on (date)
by certified mail,return receipt requested or Jan. 27, 1988 (date)
This project is located at Ryan Rd. (lot 5, tax map 28, p. 62)
The property is recorded at the Registry of xampshi re
Book 3097 Page 143
Certificate(if registered)
The Notice of Intent for this project was filed on Dec. 9, 1987 (date)
The public hearing was closed on Jan. 11 , 19,38 (date)
Findings
The Northampton Conservation Commission has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information available to the
Commission at this time,the Commission has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act(check as appropriate):
❑ Public water supply 0 Flood control ❑ Land containing shellfish
❑ Private water supply :0 Storm damage prevention ❑ Fisheries
❑ Ground water supply ❑ Prevention of pollution ❑ Protection of wildlife habitat
5-1
Effective 11/1/87