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12C-073 Permits Issued blank sheetPER=TS ISSM BOARD /COHIQSSION: ZONING BOARD OF APPE= TYPE OF' PER -*SIT DATE ' ISSUED ''" DATE EXPIRES= SPECIAL CONDITIONS I PAGE 1 OF �... .,./ PE.RNITS ISSIIED BOARD /COILKISSION: plXy nTC BOARD - isrt: vF PEIL&JIT DATE ISSUED DATE EXPIRES SPECIAL CONDITIONS 4 PAGE 1 OF `*e ..i City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586.6950 • Community and Economic Development • Conservation • Historic Preservation • Planning Boards Zoning Board of Appeals Conservation Commission Map ID ,ac AWA, - - 7J Filer # cc-�t=fl Date Submitted J'ulc. (0 ,i9?� OPD Staff Review Legal Notice Gazette 'h.4e" 1120)rr (Notice 5 Business Days before Meeting) Legal Notice Posted Letter to Owner with yellow notice to be posted Agenda Posted Copy to Conservation Commission Members Order /Determination filled out (w /out conditions) Conservation Commission Hearing Conservation Conservation Decision ? / Decision filed with Registry of Deeds Decision to Building Inspector �39W Decision to DEP W6191fi Decision to PB /ZBA N/ Permit entered on Computer Decision filed OPD (Memorex: ConCom \CCINSTRU 4/3/92) 310 CMR: DEPAIrfMENT OF ENVIRONMENTAL PROTI CTION 10.99: continued DEP File No. 1 246- 1 (To be provided by DEP) Form 2 City /Town: - Noithamptom Applicant ti�rn Commonwealth of Massachusetts Date Request Filed 07/10/ Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, § 40 THE CITY OF NORTHAMPTON'S WETLAND PROTECTION ORDINANCE, c.24 FROM: Northampton Conservation Commission I ssuing Authority TO William E. Smith William E. Smith (Name of person making request) 81 Conz Street, Box 178 Address Northampton, MA 01060 -8828 Address This determination is issued and delivered as follows: ❑ by hand delivery to person making request on 0 by certified mail, return receipt requested on (Name of property owner) 81 Conz Street, Box 178 Northampton, MA 01060 -8828 (date) September 30, 1998 (date) Pursuant to the authority of G.L. c. 131, §40, the Northampton Cons ervation Com mission has considered your request for a Determination of Applicability and its supporting documentation, and has made the following determmatiwP(&aeL whichever is applicable): 74 North Farms Road Location: Street Address Lot/Map and Parcel Id Number: Map 12C, Parcel 7 This Determination is positive. 1. ❑ The area described below, which includes all/part of the area described in your request, is an Area subject to Protection under the Act. Therefore, any removing, filing, dredging or altering of that area requires the filing of a Notice of Intent. 2. ❑ The work described below, which includes all/part of the work described in your request, 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/l/94 310 CMR - 401 401 310 CMR: DEP)fttTMENT OF ENVIRONMENTAL PRMeECTION 10.99: continued ❑ The work described below, which includes all/part of the work described in your request, is within the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under the Act. Therefore, said work requires the filing of a Notice of Intent. This Determination is negative: ❑ The area described in your request is not an Area Subject to Protection Under the Act. 2. ❑ The work you described in your request is within an Area Subject to Protection Under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. 3. The work you described in your.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. 4. ❑ The area you described in your request is subject to Protection Under the Act, but since the work you describe therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Issued by Noxthampton Conservation Commission Signature(s) l ` IJus Vetermma must be signed by a majority of the Conservation Commission. On this 2 day of & 0 19 o , before me personally appeared /eau -� , to me known to be the person described in, and who executed, the foregoing instrument, Notary Public iowledged that he /she executed the same as his/her free act and deed. 'T /Z 714 My Commission Expires This Determination does nlr(relieve the applicant from complying with all other applicable federal, state or local institutes, ordinances, by -laws or regulations. This Determination shall be valid for three years from the date of issuance. The applicant, the 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 Department of Environmental Protection to issue a Superseding Determination of Applicability, 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. 4/l/94 310 CMR - 402 402 l M i f i r 1 lV -OA-rl+ ,F ,4AZO-15 A0" D M twa 0 I � � 3 `W Office of Planning and Development City of Northampton City Hall a 210 Main Street Northampton, MA 01060 a (413) 587 -1266 FAX (413) 587 -1264 - EMAIL planning@city.northampton.ma.us -Conservation Commission -Historical Commission - Planning Board - Housing Partnership - Zoning Board of Appeals September 22, 1998 William E. Smith 81 Conz Street, Box 178 Northampton, MA 01060 -8828 Dear Mr. Smith: .r' This letter is to confirm that the Public Hearing on your Request for Determination to determine whether putting in a log road will impact any wetland resources at 74 North Farms Road has been continued by the Northampton Conservation Commission to its meeting scheduled for September 28, 1998 at 7:30 P.M. in Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton. You and/or your representative(s) *are required to attend this meeting to present the application. If you have any questions, please contact the Office of Planning and Development, City Hall, Telephone 587 -1262. Sincerely, Laura Krutzler Board Secretary ORIGINAL PRINTED ON RECYCLED PAPER Office of Planning and Development City of Northampton City Hall • 210 Main Street Northampton, MA 01060 • (413) 587 -1266 FAX (413) 587 -1264 • EMAIL planning@city.northampton.ma.us -Conservation Commission -Historical Commission •Planning Board • Housing Partnership -Zoning Board of Appeals August 18, 1998 William E. Smith 81 Conz Street, Box 178 Northampton, MA 01060 -8828 Dear Mr. Smith: .../ This letter is to confirm that the Public Hearing on your Request for Determination to determine whether putting in a log road will impact any wetland resources at 74 North Farms Road has been continued by the Northampton Conservation Commission to its meeting scheduled for August 24, 1998 at 7:45 P.M. in Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton. You and/or your representative(s) are required to attend this meeting to present the application. If you have any questions, please contact the Office of Planning and Development, City Hall, Telephone 587 -1262. Sincerely, [ Laura Krutzler Board Secretary Enclosure ORIGINAL PRINTED ON RECYCLED PAPER N"..w ...r At 8:35 p.m., Maronn opened the Public Hearing on a Request for Determination filed by William E. Smith to determine whether putting in a log road will impact any wetland resources at 74 North Farms Road, also known as Assessor's Map 12C, Parcel 73. Maronn read the legal notice. William E. Smith explained that the land had been in his family for sixty -one years. He said it had never been logged, and there was between six and seven thousand dollars worth of logs on it, and he'd like to get them out. He said he would like to make a logging road, and he had contacted Mr. Bennett, who had indicated that he was very pleased with the work they had done so far. Mr. Smith said that the area in question was the last forty feet of the property. Maronn asked Smith if he had to file a forest - cutting plan? Smith said he did not know. Maronn explained that when applicants file a forest - cutting plan, they do not normally have to come before the Commission. Such plans allow logging roads, etc., he said. Maronn asked for direction from other Commissioners. Feiden clarified that the applicant either needed a permit from the Commission or a forest - cutting permit. He informed members that some work had already been done at the property. An enforcement order was issued in 1985, he reported. Members decided to schedule a site visit for Wednesday at 5:30 p.m. at the site. Roy moved to continue to August 24, 1998 at 7:45 p.m. Fournier seconded. The motion passed unanimously 4:0. 8:43 p.m., Maronn opened the Public Hearing on a Request for Determination f by Chr a E. Young and Lauri Meade to install a leach field within 200 feet of the M an River at 1443 hampton Road, also known as Assessor's Map 41, Parcel 13. Maronn read the Lauri Meade showed membe diagram of the property and an of the septic system. She said it looked like their perc going to be behind a garage, which was about one hundred and twenty -five feet form the river. hb-cxplainedfhat the project was a replacement of an existing septic system. % Members asked if the system would have to be over it. eade said they would have to throw dirt Feiden asked if Meade had construction plans available? She said sh 'd not. Members indicated that they needed to see the plans for the replacement system before givin eir approval. Feiden aid her to provide nine copies of the plan in advance of the next mee ' g. J� N... Office of Planning and Development City of Northampton City Hall • 210 Main Street Northampton, MA 01060 • (413) 587 -1266 FAX (413) 587 -1264 • EMAIL Planning@city-northampton. *Conservation Commission -Historical Commission -Planning Board • Housing Partnership -Zoning Board of Appeals PUBLIC HEARING NOTICE The Northampton Conservation Commission will conduct a meeting on Monday, July 27, 1998 at 7:00 P.M. in Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, at which time Public Hearings will be conducted on the following, as required under M.G.L. Chapter 131, Section 40, The Wetlands Protection Act and Chapter 24 of the City of Northampton's Ordinances, Wetlands Protection 7:15 P.M. - Public Hearing on a Request for Determination filed by The Office of Planning & Development to install a water level control device in a second beaver dam located below the Fitzgerald Lake earthen dam to remove standing water covering the outflow pipe of the earthen dam at the Fitzgerald Lake Conservation Area, also known as Northampton Assessor's Map 7, Parcel 35. 8:20 P.M. - Public Hearing on a Request for Determination filed by Amy Aaron to determine whether the replacement of an existing failed septic system will have an impact on any wetland resource area at 486 Sylvester Road, also known as Assessor's Map 20, Parcel 9. 8:30 P.M. - Public Hearing on a Request for Determination filed by William E. Smith to determine whether putting in a log road will impact any wetland resources at 74 North Farms Road, also known as Assessor's Map 12C, Parcel 73. 8:40 P.M. - Public Hearing on a Request for Determination filed by Christine E. Young and Lauri Meade to install a leach field within 200 feet of the Manhan River at 1443 Westhampton Road, also known as Assessor's Map 41, Parcel 13. PUBLISH: July 20, 1998 BILL: Northampton Conservation Commission, c/o Office of Planning and Development City Hall, 210 Main Street, Northampton, MA 01060. 07/16/98 12:16 $`94135871264 NORTHAMPTON. MA * ACTIVITY REPORT TRANSMISSION OK TX/RA NU. 3506 CONNECTION TEL 95855222 CONNWTION Ill START TIME 07/16 12:14 LISAGR 11MV, nn • an F1 001 - 080 , Office of Planning and Development City of Northampton City Hall - 210 Main Street Northampton, MA 01060 - (413) 587 -1266 FAX (413) 587 -1264 - EMAIL planning@6ky.northampton.ma.us *Conservation Commission *Historical Commission *Planning Board - Housing Partnership -Zoning Board of Appeals July 20, 1998 William E. Smith 81 Conz Street, Box 178 Northampton, MA 01060 -8828 Dear Mr. Smith: Your Request for Determination to determine whether putting in a log road will impact an wetland resources at 74 North Farms Road has been submitted to the Northampton Conservation Commission, and the Public Hearing will be conducted at its meeting scheduled for July 27, 1998 at 8:30 P.M. in Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton. You and/or your representative(s) are required to attend this meeting to present the application. One week before the Public Hearing is scheduled, a legal notice announcing the meeting will be published in the Daily Hampshire Gazette (copy enclosed). If you have any questions, please contact the Office of Planning and Development, City Hall, Telephone 587 -1262. Sincerely, Laura Krutzler Board Secretary Enclosure ORIGINAL PRINTED ON RECYCLED PAPER 310 CMR: DEPAs,..,1gENT OF ENVIRONMENTAL PRG-, TION 10_94. Forms_ DEP File No. Fonn 1 (To be provided by DEP) City/Town No ha m plon__ Applicant Commonwealth of Massachusetts Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, § 40 THE CITY OF NORTHAMPTON'S WETLAND PROTECTION ORDINANCE, c.24 1. I, the undersigned, hereby request that the Conservation C omm i ss i on make a determination as to whether the area, described below, or work to be performed on said area, also described below, is subject to the jurisdiction of the Wetlands Protection Act, G.L. c. 131, § 40. 2. The area is described as follows. (Include maps or plans, if necessary, to provide a description and the location of the area subject to this request.) Location: Street Address 9 4 / ,p , VJ47 7:141PAU Northampton Assessor's: Lot Number: l Z '�� Map# 1 2 t G parcel # 7.3 3. The work in said area is described below. (Use additional paper, if necessary, to describe the proposed work.) UZ e nJ L o 2 9 j.vq A o .J ,o 0,p,—R71 f; . I c kN 4/l/94 310 CMR - 399 1 -1 !% Fr, - 310 CMR: DEPt ZVIENT OF ENVIRONMENTAL P ( r r,,,� R ,.. ;CTION 10.99: continued 4. The owner(s) of the area, if not the person making this request, has been given written notification of this request on (date) The name(s) and address(es) of the owner(s): 5. I have filed a complete copy of this request with the Western Regional office of Massachusetts Department of Environmental Protection (date) at: DEP Western Regional Office State House West, 4th Floor 436 Dwight Street Springfield, MAP 1103 6. I understand that notification of this request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the regulations. Under the City of Northampton's Wetland Protection Ordinance: I have filed nine (9) copies of the complete filing and included the filing fee of $ 20.00 (to cover advertising costs) with the Northampton Conservation Commission. - Yes No 7. In filing this application, I and the owner (if not the applicant) grant permission for the Conservation Commission to inspect my property prior to the Public Meeting. Applicant: Signature `���..._ Name �� `7 20 1 Address c�/ � �1 t�R L2� Tel.# - � - FIST Owner: ,tfbi2Tff�4�l� olo4v - j8� Signature Name Address Tel.# 4/1/94 310 CMR - 400 400 `r.i City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals Ms. Agnes Smith P. 0. Box 62 Northampton, MA 01060 Dear Ms. Smith: In 1965 the State adopted the Wetlands Protection Act to protect the State's wetland resources which help prevent pollution, reduce damage to homes and property caused by flooding, and protect fisheries resources and water supplies. The Act requires that a permit be received before work which would "remove, fill, dredge or alter" an area protected under the Act (brooks, streams, ponds, lakes, floodplains, marshes, swamps and all land within 100 feet of these areas) may commence. Since 1972 these Wetland Permits have been issued by the local Conservation Commissions. In responding to a complaint, Conservation Commission Member Richard Carnes and I found that an amount of fill had been placed on your property located off of the westerly side of North Farms Road (more particularly identified as Parcel 73 of Sheet 12C of the Northampton Zoning Map) within 100 feet of Broad Brook, its floodplain, and bordering vegetated wetland. Our records don't indicate that a Wetland Permit was ever issued for the placement of this material. Enclosed you will find an Enforcement Order under the Wetlands Protection Act, G.L. Chapter 131, Section 40, requiring that: 1. The property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. 2. Wetland alterations resulting from said activity shall be corrected and the site returned to its original condition. 3. The property owner shall take every reasonable step to prevent further viola- tions of the Act. If you wish to apply for a Wetland Permit to attempt to legitimize this illegally placed fill and alterations, then: 1. Completed application forms and plans as required by the Act and Regulations shall be filed with the Northampton Conservation Commission on or before December 20, 1985, and no further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. Application forms are available at: Northampton Office of Planning and Development City Hall 210 Main Street Northampton, MA 01060 December 6, 1985 .W ' 2. I have enclosed copies of the Application Form and General Instructions. If you have any questions or require additional information or assistance, please contact me at the Northampton Planning Office. I would like to make you aware that wetland violations may be subject to a fine of $1,000 per day for each day that the violation continues. I would also like to point out that there are numerous Zoning Ordinance provi- sions governing the placement of fill on property within Northampton, and specifi- cally floodplains and wetland areas, that also must be complied with. I would suggest that you contact the Northampton Building Inspector to ensure that you comply with these laws. Your anticipated cooperation with regard to this matter is greatly appreciated. Yours, Lawrence B. Smith, Senior Planner on Behalf of the Northampton Conservation Commission Form 9' ...o' DEQE Fps No. 1246 - (To be provided by DEQE) oty/Towm Northampton llppiicwt Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. 131, §40 To Agnes Smith P.O. Box 62 Northampton NIA 01060 Date of Issuance _ December '5 . 1985 Property lot/parcel number, address westerly side of North Farms Road (Parcel 73 of 4hPP 12C of the Northampton Zoning Map) Extent and type of activity: Filling and altering land within 100 feet of Broad Brook, its floodplain and bordering vegetated wetland. The Northampton"Conservation Commission has determined that the activity described above is in violation of the Wetlands Protection Act, G. L. c. 131, §40, and the Regulations promulgated pur- suant thereto 310lCMR 10.00, because: ❑ Said activity has been/is being conducted without a valid Order of Conditions. ❑ Said activity has been /is being conducted in violation of an Order of Conditions issued to dated File number , Condition number(s) ❑ Other (specify) The - Northampton Con v ^t; nn omm; GG ; on hereby orders the following: Q The property owner, his agents, pennittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. ® Wetland alterations resulting from said activity shall be corrected and the site returned to its original con- dition. 9 -1 ..+0 ® Completed application forms and plans as required by the Act and Regulations shall be filed with the Northamptnn ennaariratinn rnmfniceinn = on orbefore 20. 1 85 (date). and no further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. Application forms are available at: Northampton Office 9 -f Planning & Development, City Hall, 210 Main Street, Northampton, MA 41 The property owner shall take. every reasonable step to prevent further violations of the act. ❑ Other (specify) Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap- ter 131. Section 40 provides: Whoever violates any provision of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months or both. Each day or portion thereof of continuing violation shall constitute a separate offense. Questions regarding this Enforcement Order should be directed to: LnwrenrP B- Smi rh Senior Plan ner City Hall, 210 Main Street Issued by Northampton Conservation Commission Northampton, MA 01060 _ (413)786-69 07263 Sionature(s) P 620 675 666 (Signature of delivery person or certified mail number) 9 -2 OM 1- W / Form 5 DEOE File No. 246- 144 (To be provided by DEQE) = Commonwealth City/Town Northampton of Massachusetts Applicant Wm. E. Smith, Jr. Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 Fro the Northampton Conservation Commission To Will.iam E. Smith Jr Agnes N Smith (Name of Applicant) (Name of property owner) Address 35 S St , Northampton, V: Address 19 Goldpn Court ..c 111 1 1 This Order is issued and delivered as follows: ❑ 1 by hand delivery to applicant or representative on (date) 0 by certified mail, return receipt requested on January 4I- 1 gA6 (date) This project is located at Parcel 73 of Assessor's Map 12C (Westerly side of N. Farms Rd. The property is recorded at the Registry of Deeds, Hampshire County Book_ D701 • -, Page 25 Certificate (if registered) The Notice of Intent for this project was filed on December 93- 1 9R 5 (date) The public hearing was closed on Tantiar)z 27 , 1 4Rh (date) Findings The Northampton t Cons -1 —ti nn rnmm i Scz inn 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 atthistime,the Conservation 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 • Private water supply • Ground water supply Q Flood control ® Storm damage prevention • Prevention of pollution • Land containing shellfish ❑ Fisheries 5 -1 N 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 Concervat i on Commi s s ion 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 all 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 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 maybe 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 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 submitted to the 5.n�4 simian 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 246-144 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 `%8W Plans: 1.W Title Dated Signed and Stamped by: On File with: Plans 4 -1 (Site Plan) & 4 - (Site Profile) submitted N'ton Consv. Comm- & with Notice of Intent. DEQE Regional Office Special Conditions (Use additional paper if necessary) 1) All construction areas shall be restored to roginal 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 40, 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 controlL 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) By February 10, 1986 a row of hay bales shall be staked, end abutting end, along the toe of the filled slope sufficient to prevent soil, silt, sediments and other materials from eroding and washing into the border— ing vegetated Wetland. ....................................................................................................................................................... ............................... (Leave Space Blank) 5 -3A N Wm. E. Smith, Jr. Order of Conditions Continued File# 246 -144 Special Conditions (continued) 8) The following shall be completed by April 15, 1986: a) the filled slope shall be regraded back from the bordering vegetated wetland at a slope of 2:1, b) a minimum six (6) inch berm (vegetated) shall be constructed at the top of the slope to control run -off sheeting (said berm shall be designed .So as not to direct run -off onto abutting properties on either side), c) the 2:1 slope and berm shall be stabilized with mulch, jute mesh, and shall be seeded with a conservation mix, suffucient to prevent erosion, 5 -3B % %W '` Issued By Northampton _ Conservation Commission Signature(s) This Order must be signed by a majority of the Conservation Commission. On this_ personally day of 19 �� , before me , to me known to be the person described in and who executed the foregoing instrument and acknowledged that he /she executed the same as hjs/h free act and deed. Notary Public (,(,�� r? s i c W S, 1�G �� My commission 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 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 to the prior to commencement of work. ..................... . . .............. . . ......................................... . . ......................................... . . ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To Issuing Authority Please be advised that the Order of Conditions for the project a File Number has been recorded at the Registry of and has been noted in the chain of tide of the affected property In accordance with General Condition 8 o If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction l rA Signature Applicant 5 -4A \..i Form 3 — �_ Commonwealth a e h of n _ Notice of Intent , E C Under the Massachusetts Wetlands Protection Act, G.L. c. 131, §40 and Application for a Department of the Army Permit Part I: General Information 1. Location: Street Address ��� r F;r+/.,d Lot Number Z 0 - 7 3 2. Project: Type : T - t- C- Description L_oT 11t f Ott E r 2'0 3. Registry: County - NamnGh;, Current Boo ) 7U r & Page 2 3 Certificate (If Registered Land) 4. 5. 6. - DECE File No. 246- 1 J 7 (To be provided by DEQE) City/Town Nart ton Applicant i Tel. ,624y -Ys Address S ✓ Pt2/'Vq Property Owner fPc? "J'e -5 �!y 1 Tel. 3 Vim? J Address '- / LC' G Representative Address Tel. 7. Have the Conservation Commission and the DEOE Regional Office each been sent, by certified mail or hand delivery, 2 copies of completed Notice of Intent, with supporting plans and documents? Yes ❑ No W "14. OzU: 3 -1 \..i I! 8. Have all obtainable permits, variances and approvals required by local by -law been obtained? Yes ❑ No Obtained: Applied For: Not Applied For: W14 &-r 4 ,PL( 40,) 9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c. 131, §40A or G.L. c. 130, § 105? Yes No X 10. List all plans and supporting documents submitted with this Notice of Intent. Identifying Number /Letter _7 Tit5l ,pat . / / L Z. S i Tom �%" F 1 LC - 3 So e L �>l4-A 11. Check those resource areas within which work is proposed: (a) ❑ Buffer Zone (b) Inland: ' Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. See General Instructions for Completing Notice of Intent. 3 -2 Bank* Land Subject to Flooding, Bordering Vegetated Wetland* ❑ Bordering ❑ Land Under Water Body R Waterway' Isolated (c) Coastal: ❑ Land Under the Ocean ❑ I Designated Port Area* ❑ Coastal Beach' ❑ Coastal Dune ❑ Barrier Beach ❑ Coastal Bank ❑ Rocky Intertidal Shore' ❑ Salt Marsh' ❑ Land Under Salt Pond' ❑ Land Containing Shellfish* ❑ Fish Run' ' Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. See General Instructions for Completing Notice of Intent. 3 -2 EM- Part II: Site 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 existing site conditions. Identifying Number /Letter (of plan, narrative or calculations) Natural Features: Soils Vegetation ' Topography Open water bodies (including ponds and lakes) Flowing water bodies (including streams and rivers) Public and private surface water and ground water supplies on or within 100 feet of site Maximum annual ground water elevations with dates and location of test Boundaries of resource areas checked under Part I, item 11 above Other Man -made Features: Structures (such as buildings, piers, towers and headwalls) Drainage and flood control facilities at the site and immediately off the site, including culverts and open channels (with inverts), dams and dikes Subsurface sewage disposal systems Underground utilities 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 Number /Letter (of plan, narrative or calculations) Planview and Cross Section of: Structures (such as buildings, piers, towers and headwalls) Drainage and flood control facilities, including culverts and open channels (with inverts), dams and dikes Subsurface sewage disposal systems & underground utilities Filling, dredging and excavating, indicating volume and composition of material Compensatory storage areas, where required in accordance with Part III, Section 10:57 (4) of the regulations Other Point Source Discharge Description of characteristics of discharge from point source (both closed and open channel), when point of discharge falls within resource area checked under Part I, item 1 1 above, as supported by standard engineering calculations, data and plans, including but not limited to the following: 3 -3 N%W' m„ 1- Delineation of the drainage area contributing to the point of discharge; 2. Pre- and post - development peak run -off from the drainage area, at the point of discharge, for at least the 10 -year and 100 -year frequency storm; 3. Pre- and post - development rate of infiltration contributing to the resource area checked under Part I, item 11 above; 4. Estimated water quality characteristics of pre- and post - development run -off at the point of discharge. Part IV: Mitigating Measures 1. Clearly, completely and accurately describe, with reference to supporting plans and calculations where necessary: (a) All measures and designs proposed to meet the performance standards set forth under each re- source area specified 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 the regula- tions do not apply. ❑ coastal Resource Area Type: i?xt¢Ae 2 • J �p C ft wit �a. l !� Inland Identifying number or letter Of support documents T Z L t 1 L L Gc z L,,,:y ., ❑ coastal Resource Area Type: 1po _F:t - - B U CC E "e Z':ze'e Inland Identifying number or letter Of support documents /` e-z E j d Ic,' Y J �: z` (O F 771 C V p�T kJZ' s G r TAE I fivninx z - n r rlicc t� Z7i�s 4, z- Cc,.cJ 1 '7 4e "t- ZLE I f 3 -4 ../ ❑ ❑ Coastal Resource Area Type: Inland Identifying number or letter of support documents 2. Clearly, completely and accurately describe, with reference to supporting plans and calculations where necessary: (a) all measures and designs to regulate work within the Buffer Zone so as to insure that said work does not alter an area specified in Part 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 Part II or Part III of these regulations. ❑ ❑ Coastal I Resource Area Type Bordered By 100 -Foot Discretionary Zone: Inland Identifying number or letter of support documents 3 -5 Part V: Additional Information for a Department of the Army Permit 1. COE Application No. Q. (to be provided by COE) (Name of waterway) _ 3. Names and addresses of property owners adjoining your property: l '• "•� tom` � 1`L�. � <Y ��( ��� _:.�✓�e t- �= j.� /c' c�! 4. Document other project alternatives (i.e., other locations and /or construction methods, particularly those that would eliminate the discharge of dredged or fill material into waters or wetlands). 5. 8 " x 11 " drawings in planview and cross - section, showing the resource area and the proposed activ- ity within the resource area. Drawings must be to scale and should be clear enough for photocopying. Certification is required from the Derision of Water Pollution Control before the Federat permit can be issued. Certification may be obtained by contacting the Derision of Water Pollution Control, 1 Wnter Street, Boston. Massachasetts 02108. Where the activity will -take place within the area under the Massachusetts approved Coastal Zone Management Program, the applicant 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 for a permit and is made a matter of public record through issuance of a public notice. Disclosure of this information is voluntary. however if nece~ssa(y information is not provided, the application cannot be processed nor can a permit be issued. I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents and supporting data are true and complete, to the best of my knowledge. - Signature of Applicant (/ Date Signature of Applicant's Representative Date FORM "Exception to ENG Form 4346 approved by HQUSACE. 6 May 1982 ". NED p 100 (TEST) 1 MAY $ This document contains a joint Department of the Army and State of Massachusetts application for a permit to obtain permission to perform activities in United States waters. The Office Of Management and Budget (OMB) has approved those Questions required by the US Army Corps of Engineers. OMB Number 0702 -0036 and expiration date of 30 September 1983 applies ". This statement will be set in 6 point type. 3 -6 11"aw -.5.01 i 242 71. 7 S— smw S'i 7 z34 fi�t �i c c 0 K ........... -VIC q —/ '`� ...� @.., � r' i � i� � �_ �� �.. ._ . ___ _ .,_. _.... �, - - �,1 � �����. $�ra�� ! '� s f � � 5 b J i - - ., ,,__..,._�. _ � ( r��"��•��`�� " ILL. J �$ t€' 6� t"*�#i•€�`�`_ � _.�:..... ...... _ _ 6 :� �;� � �,, { r �..� - �-� �� _ ,� .� o � .. t 1 !! � ; ........ .. ..... _ ..... 7 ., -., f , t ��: ���.. ^ '�.• 12 *-B � te &� 6 r2 IZ12# �� i �tilt c _ _ g� Iz� �► �� 21 9 -Bc - 3 I2Y C D B = 89 601 r2y� B c r- 83 83 12* C h /2 * -B 2 � { 3z b/ A 3 83 D (,ol A jo A 3 7-,v A o Qft 1244 3 5 B 9 6 A /2 Sh 38A 39 C 38 G P ~ 2 2 /B B s T 35- 4 1 E M. 22 4-1 BC H- A 35-A BRIDGE 601 A `µl GP ��` S/ A 3C, A 'f .A It -A 35 to w /2�f C 32 v� V Q 52 q2 A C 12* of ` set A B 3s y L OCUST- ►�5 �'q�cs2 P O 3C 35 -A GP 52 z/ - ® 52 381 - d 3S 0 , �( ' A t Mrys m � � c %�,. //' �✓� \ - '��� \(i,!�,\� �WW r E1e S'�III� _��� � ;�`,\ \ \„ 1`�+► � ; !),;l /��$pr(ngGra ,.��, � \ \\ —O � ��� PG Q �— o v �P t ,i Y Oemetery Q'� �2 �� �� 1 ������r / i u sta��• °Nnrtkiar pton _.] �' c�. •1 ° r v i• . • • �. 6ountry Olub-__A •� �,��.�`� \` � —�W��� � �. ��/ /w � I/, �y��J � � ,1' �i• .� ^� LOOIN� jj �4hSCh y�• � r ✓ \�' `� _- MEMORIAL PARK ��0�/ ^ /tea Pp'i%�"j- %� �;'�\ ��� \ S_.._ ��� j _f �`� � � � u o W � ,/ � • n ��• - ° ead ���� � 0 -� ' ; 017, � � / /�,� �i'1 �',i� / o � � \���, to � • d � � ! alto al , ������i �� � �� i � ��� '�Q� � 400 � (� ■i �pNp'f t� \� V i a� //'���/ j '' � r �• Mai �� I `:/i' �- .�� J �'�l (/(I n � lI � ��.. � •�\ � • �: \, Field � � 6 i t =: d Q � c✓� /i� �j , 'F: ,Wes � '�,. ✓.,, .�:.... ,.•�c Cr � �-I• I / /mil\ n n � ., �Q�� ��:� ��� . - o _ i `.r 'rm-) ../ v 0 W aS 1 ur�` - --- ?� A 1 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 1999;—orms DEP File No. [ 246 - Fornn 1 (To be provided by DEP) City/Town Nort mpton Applicant Commonwealth of Massachusetts Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, § 40 THE CITY OF NORTHAMPTON'S WETLAND PROTECTION ORDINANCE, c.24 1. I, the undersigned, hereby request that the Northamp f'o nCPrvati on ('�mmi�sion make a determination as to whether the area, described below, or work to be performed on said area, also described below, is subject to the jurisdiction of the Wetlands Protection Act, G.L. c. 131, § 40. 2. The area is described as follows. (Include maps or plans, if necessary, to provide a description and the location of the area subject to this request.) Location: Street Address '"II Northampton Assessor's: Lot Number: 1 Z '�G Mp # Z 2 t G Parcel # '73 3. The work in said area is described below. (Use additional paper, if necessary, to describe the proposed work.) R,rz Z t 11 L o g ,,vq &04-D o ,-) �oAv�Rga I L 4!1!94 310 CMR - 399 1 '7 P- Fr' A 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: continued 4. The owner(s) of the area, if not the person making this request, has been given written notification of this request on (date) The name(s) and address(es) of the owner(s): 5. I have filed a complete copy of this request with the Western Regional office of Massachusetts Department of Environmental Protection (date) at: DEP Western Regional Office State House West, 4th Floor 436 Dwight Street Springfield, MA -0 1103 6. I understand that notification of this request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the regulations. Under the City of Northampton's Wetland Protection Ordinance: I have filed nine (9) copies of the complete filing and included the filing fee of $ 20.00 (to cover advertising costs) with the Northampton Conservation Commission. - V Yes No 7. In filing this application, I and the owner (if not the applicant) grant permission for the Conservation Commission to inspect my property prior to the Public Meeting. Applicant: Signature ` %.� Name Address (� �� t�R /,' Tel.# -� -sT Owner: OJ04v - �� Signature Name Address Tel.# 4/1/94 310 CMR - 400 400