36-246 (9) 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued
Issued by the No Conservation Commis
Signatur ti�'t -X'c�"�`�r." e
This Order must be signed by a majority of the Conservation Commission.
Mi/ , J/'\
On this_ ��- day of_' l% 19 before me personally
appeared C-<- Esc'1 ,to me known to be the person described in,and who executed,
the foregoing instrument,and acknowledged that he/she executed the same as his/her free act and deed.
9 op
Notary Public ' '1 My Co lion Expires
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 Protection to issue a Superseding.Order, providing the
request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee
Transmittal Form as provided in 310 CMR 10.03(7)within ten 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 the applicant.
Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work.
.........................................................................................................................................................................................................
To Northampton Conservation Co mmission 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.ehain of title 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
4/l/94 310 C R-423 423
37. If more than 75%wetland vegetation has not been established after two growing seasons (2
years), then additional plantings and/or changes to wetland restoration plan shall be
submitted to the Commission for consideration and approval.
38. No additional wetland areas shall be allowed to be filled or altered on this property without
the approval of the Commission,now or in the future. A deed restriction stating this shall be
incorporated into all deeds and future divisions of this site. (To be an ongoing condition.)
39. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are
as follows:
(#38).
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After making a positive determination, the Commission shall conduct a public hearing for
the purpose of amending the Order or to issue a new Order, if a new Notice of Intent is
required.
PRE-CONSTRUCTION REQUIREMENTS:
30. Prior to the start of any site work, excavation or construction, a preconstruction conference
shall be held on the site, between the contractor conducting the work, the site/project
engineer, the applicant, and a member or agent of the Conservation Commission, in order
to ensure that the requirements of this Order are understood by all parties.
31. During construction, the limit-of-work line shall be clearly delineated and shall remain
delineated throughout construction. From wetland flag#2 to wetland flag#10, the limit-of-
work line shall consist of armored haybales. Also, armored siltfence shall be placed in the
following places: 1) along the edge of the existing wetland in the area where excavation is
to occur to create the replication area, and 2) along the edge of the wetland in the area of
wetland to be filled . (The area lying east of S4 as shown on the above-cited plan.)
32. Cutting of trees located on the construction site/work area shall be allowed prior to
installation of the siltation barrier. Stumps shall not be removed or unearthed until siltation
barrier is in place. Where feasible, stumps shall remain in place instead of being removed.
CLEAN UP BEYOND LIMIT OF WORK:
33. Any foreign material located on the surface of the ground beyond the limit of work, shall be
removed by hand or pulled out with the use of chains. No heavy equipment shall be allowed
beyond the Limit of Work.
WETLAND REPLICATION:
34. The area proposed for replication shall be staked prior to the excavation, with notification
to the Commission when completed.
The name of the wetland specialist shall be submitted to and approved by the Conservation
Commission.
35. A report of the success of re-vegetation activities shall be submitted to the Conservation
Commission, by a qualified wetlands scientist on the following schedule:
By - the end of the first growing season; and
By - the end of the second growing season.
36. If more than 50% wetland vegetation has not been established after one growing season (1
year), then additional plantings and/or changes to the wetland restoration plan shall be
submitted to the Conservation Commission for consideration and approval.
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property that any construction or alteration to said property, including brush cutting or
clearance, may require action by the Northampton Conservation Commission.
Any instrument conveying any or all of the owners' interest in said property or any portion
thereof, shall contain language similar to the following, which shall be submitted to and
approved by the Conservation Commission,prior to recording:
"This property is subject to the Northampton Wetlands Protection Ordinance and/or
Wetlands Protection act. Any construction or maintenance work performed on this
property requires an Order of Conditions, and/or a Determination of Applicability
from the Northampton Conservation Commission. Any application for additional
wetland resource area impact shall be viewed in the context of cumulative impacts
as a result of this project."
24. Upon completion of the project, the Applicant shall submit a certification that all work has
been done in conformance with the provisions of the Order of Conditions and request a
Certificate of Compliance.
If checked: [X] YES
Certification shall be by a Wetland Specialist for the replication areas.
25. If checked: [X] YES
An"As Built"plan shall be included with the project engineer's certification detailing the
post-development conditions of the site.
26. Upland areas between the limit-of-work line and the wetland shall receive a minimum of four
inches of loam and be planted with an upland seed mix to stabilize the area and upland
shrubs to cover ten percent of the area.
27. The area of fill over the septic system shall be planted with a conservation seed mix.
28. The replication area shall be planted in accordance with information set forth on plan
entitled,"Site Plan,Florence Savings Bank, 27 Spruce Lane - Lot#1,Northampton, MA,"
prepared by James A. Gracia, PE, dated September 11, 1997 and revised October 15, 1997
and October 22, 1997.
Plan Changes:
29. Any change or deviation from the Notice of Intent, plans and/or Order of Conditions
approved by the Commission,prior to or during construction, shall require the applicant to
file a request for an amendment with the Conservation Commission. It shall include a written
inquiry as to whether or not the change is substantial enough to require the filing of a new
Notice of Intent.
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Sedimentation and erosion control devices shall be placed according to standards set in
U.S.D.A. Soil Conservation Service, "Guidelines for Soil and Water Conservation in
Urbanized Areas of Massachusetts".
Placement of sedimentation and erosion control shall be directed at the site by the project
engineer in order to accomplish maximum control of erosion to ensure that no eroded
materials will enter wetland resource areas.
Hay bales must be staked. Silt fencing must be installed in a dug trench with sufficient
porosity to allow detained water to pass through while trapping suspended sediments;
17. 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. All construction areas shall be restored to original condition or better upon completion of the
project, including replanting of vegetation;
19. The Commission and its agents shall have the right to enter and inspect the property at any
time for compliance with the conditions of this Order, the Act, and Wetlands Protection
Regulations: 310 CMR 10.00 and Chapter 24 of the City's Ordinances: "The Wetlands
Protection Ordinance". They shall have the right to request and receive any data or
documentation that is deemed necessary for evaluation of compliance.
20. This Order of Conditions shall apply to any successor in interest or successor in control;
21. The contractor is as responsible as the applicant and property owner for any violations of the
Orders of Condition and penalties under the law,while all activities regulated by this Order
are being performed.
A copy of this Order and associated plans shall remain on site during all construction and/or
building activities. The project manager and all equipment operators shall be familiar with
the approved plans, and shall be informed of their location on the site.
This location shall be accessible to all contractors whenever work is occurring on site.
A copy of the Notice of Intent, all plans and Order must always be on-site and in all
excavating machinery when work is being performed;
22. All required permits must be obtained from the Army Corp of Engineers(404,Water Quality
Certification),Planning Board, Zoning Board, Department of Public Works, and Building
Inspector prior to the start of projects involving fill within any wetland resource area;
23. The owner of the property described in this Order, must advise any potential buyer of the
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be done. The recording information shall be 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. The Commission usually will record the Order in the
Registry of Deeds. It is the applicant's responsibility to insure the Order is properly
recorded.
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 works, "Massachusetts Department of Environmental Protection,File
Number 246-_414_".
10. Where the Department of Environmental Protection 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:
PLANS TITLE DATED SIGNED & STAMPED BY:
"Site Plan; Florence Savings Bank, 27 Spruce 09/l�/_97 James Anthoony CTr__acia
Lane- Lot#1,Nortih m_pton, l A,"Pren� Revl O/1.519_7
by Tan1e A Grada,pF. Rev]0/22/97
All Plans on File with Northampton Conservation Commission
Special Conditions:
13. The applicant shall notify the Commission, in writing, as to the date that the work will be
commencing on the project. Said notification must be received by the Commission no
sooner than (10) days and no later than five(5) days prior to the commencement of the
approved activity;
14. No area within the 100 year flood plain, any wetland, or area within 100 feet of a wetland
or 40 feet of a 100 year flood plain, as defined in 310 CMR 10, and City of Northampton
Ordinances - 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.
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Therefore, the Northampton Conservation Commission hereby finds that the following conditions
are necessary, in accordance with the Performance Standards set forth in the regulations, to protect
those interests 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 following 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 all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
2. The 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 Order 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 Order 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 debris, 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.
The applicant is prohibited from using demolition materials, asphalt, large chunks of
concrete, tree stumps and limbs, and general refuse;
7. No work shall be undertaken until all 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. In the 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
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M t 1G 1997
.�
310CMR 10.99 DEP File No. 246-414
1
tl
(To be provi� DEP)
Form 5 City/Town Nnrtharnpton____
Applicant Florence—Sayings—Bank
Commonwealth Map#34�_Parcel#246
of Massachusetts
Order of Conditions
Massachusetts Wetlands Protection Act
G.L.c.131,§40
and the Northampton Wetlands Protection Ordinance
From Northampton Conservation Commission Issuing Authority To:
Florence-Savings-Bank Florence Savings Bank
Name of property owner Name of Applicant
$5_Main_Sft_eet,_Florence,MA 01062 85 Main Stretl,-Florence,MA 01062
Address Address
This Order is issued and delivered as follows:
[ ] by hand delivery to applicant or representative on (date).
[X] by certified mail,return receipt requested on November 6, 1997- (date)
This project is located in Northampton at#27 Spruce LaneLDt1tL
The property is recorded at the Registry of Hampshire County
Book 4523_ Page-9—
Certificate(if registered)_N/A
The Notice of Intent for this project was filed on September 11, 1997.
The public hearing was closed on October 20, 1997,
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 Conservation 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 [X]Flood Control []Land containing shellfish
[]Private water supply [X] Storm damage prevention []Fisheries
[X] Ground water supply [X] Prevention of pollution [] Protection of wildlife Habitat
Total Filing Fee Submitted$285.00_ State Share$112.50 City Share$172.50_
(1/2 fee in excess of$25.00)
Total Refund Due$ City Portion$ State Portion$
(1/2 total) (1/2 total)
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