266 Order of Conditions 1994 Aortal
310CMR 10.9 APR 28 1894
DEP File No.
zw)57
1246- 306
To be provided by DEP)
Form 5 City/Town Northampton
Applicant Jame6 S ?'C-tt.ei.a Boyce
Commonwealth AMENDED
of Massachusetts
Order of Conditions
Massachusetts Wetlands Protection Act
O.L. C. 131, 540
and the Northampton Wetlands Protection Ordinance
From Northampton Conservation Commission Issuing Adthority To
James F. £ EattLc-La A. Boyce home
(Name of Applicant) (Name of property owner)
Address 266 tout Fwtni6 Road, (Joxthamnto:paaress same
This Order is issued and delivered as follows:
[ ] by hand delivery to applicant or representative on ( (date)
rla by certified mail, return receipt requested on ��/fin' Iqi7 (date)
✓� 266 (Rest FMmb Road, Noxthamntoo. IA
This project is located in Northampton at
Ata am Ettreec Ga.b-niv.ihi.on, Lo* 1, 5 Tillan�l I
The property is recorded at the Registry or
amps re ounty
Book
2371 Page 239
Certificate (if registered)
The Notice of Intent for this project was filed on Deeembek 2, 1991 (date)
The public hearing was closed on Jantal['1 6, 1992 (date)
Findings
The Northampton Conservation Commission as 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
( ) Ground water supply [X) Prevention of pollution [ ] Protection of
Wildlife Hob'tft
Total Filing Fee Submitted State Share
(1/2 fee in excess of $25)
City Share State Portion $
Total Refund Due $ City Portion $
(1/2 total) (1/2 total)
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Therefore, the Northampton Conservation inaccordance with the Performance Standards
following in the are
la necessary,
set forth in Ghe 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 the p ,
extent that the
specifications or other proposals t modify
submitted with differ from
th the Notice of Intent,lans
the
conditions shall control.
General Conditions
1. Failure
statutes tand other regulatory measures, with
shall be deemed cause to revoke or
modify this Order.
2. Th
its does does any injury to rights
private property,ore privileges;
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
1 the extended time period are set forth in this Order.
ry
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. containing uno trash, refuse, rubbish orr debris,, including but clean
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 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
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more than three square feet in size bearing the works, "Massachusetts
Department of Environmental Protection, File Number 246- 306
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
P2opo4ed Site Plan - 5 T.i;ya;y Lane
DATED SIGNED 6 STAMPED ES:
Ladaence R. Smith, P.E.
3/1/9
Pkono4ed Site Plan - Autumn Estates/Ueat Fanms Road Matk 8. Da'nOZd 11/22/91
All Plans on File with Northampton Conservation Commission
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
feet 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.D.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. Bay 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 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;
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i) 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 r than
ten (10) days and no later than five (5) days prior
commencement of the approved activity;
L) 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
erest in
any instrument r anyipthereof shall ncontain tlanguage or all of the as f
said property any portion
substantially as follows: "This property may be subject to
the Northampton Wetlands Protection Ordinance, the Wetlands
Protection Act, an Order of Conditions, and/or a Determination
of Applicability from the Northampton Conservation
Commission" ;
'.2) 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 familiar with the
conditions of this permit, and adhere to such conditions. A
copy of the plans and Order must always be on-site and in all
excavating machinery when work is being performed,
23) All required permits must be obtained from the Planning Board,
Zoning Board, Department of Public Works, & Building Inspector
be
prior to the start of this project
d and permits Quality t
complied with. Army 404 permits
Certifications must be obtained prior to the start of projects
involving fill within wetlands;
24) Upon completion of the project, the Applicant shall submit a
statement that all work has been done in conformance with
provisions of the approved Order of Conditions and request
certificate of compliance. (if checked) statement shall be by
a Professional Engineer or by a Wetlands Cosnsul[anj who has
been approved by the Commission: [ ]
25) (if checked) An "As Built" plan shall be included with the
project engineer's statement, detailing the post-development
conditions of the site: [ ]YES [ ]
26) No trees shall be allowed beyond the non-encroachment area.
27) The four proposed r s shall be planted on the southwest side
of non-encroachment
28) Concrete bounds 36"H
shown on thegrevis d concrete bounds shall be
3/29/94
d By Northampton Conservation Commission
Mures:
Order must be signed by a majority of the Conservation Commission.
his I5H` day of ,yeRit_ 1994, before me
>nally appeared FRAL>K clInAI rjirq , tome known to be the
>n described in and who executed the foregoing instrument and acknowledged
he/she executed the same as his/her free act and deed.
ry Public
WAYNE M.FEIDEN
NOOT..A.R.YbP.nuBBLIc
My carrtamm nmems�-.... JAN. Ia.
,pplicant, the owner, any person aggrieved by this Order, any owner of land
:ing the land upon which the proposed work is to be done, or any ten
cents of the City or town in which such land is located, are hereby notified
Ieir right to request the Department of Environmental Protection to issue a
rseding Order, providing the request is made by certified mail or hand
very to the Department, with the appropriate filing fee and Fee Transmittal
as provided in 310 CDR 10.03(7), within ten days from the date of issuance
is determination. A copy of the request shall at the same time be sent by
ified mail or hand delivery to the Conservation Commission and the applicant.
ch on dotted line and submit to the Northampton Conservation Commission prior
,mmencement of work. PLEASE NOTE--THIS IS NOT REQUIRED IF THE COMMISSION HAS
ADP RECORDED THE ORDER, AS IS THEIR USUAL PRACTICE, UNLESS LAND IS REGISTERED
AND COURT.
!orthampton Conservation Commission: Please be advised that the Order of
itions for the project at _55 TLZRaitrf Lane File Number 246-306 has been
rded at the Registry of Hampshire County and has been noted in the chain of
e of the affected property in accordance with General Condition 8 on
, 19
recorded land, the instrument number which identifies this transaction is
egistered land, the document number which identifies this transaction is
iature Applicant
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