Loading...
14-009 Kennedy Road Oder of Conditions Wetlands 246-579HERITAGE .SURVEYS, INC. Professional Surveyors and Engineers College Highway & Clark Street Post Office Box 1 Southampton, Massachusetts 01073 Bruce A. Coombs, President Telephone (413) 527 -3600 Professional Surveyor, MA, CT & VT Facsimile (413) 527 -8280 E -mail: bntce@he?itagesurveys.com Website: heritagesurveys.com June 23, 2005 City of Northampton Conservation Commission 212 Main Street - City Hall Northampton, MA 01060 RE: NOI Revised Plan Thomas E. Borawski Parcel 9, Map 15 Kennedy Road Northampton, MA HSI Job #5068 - 030512 DEP File #246 -547 Dear Commission Members: On behalf of our client, Thomas E. Borawski we are submitting four (4) copies of a site plan entitled, Site Plan of Land in Northampton MA, Prepared for Thomas E. Borawski, revision dated 06/22/05, showing the modifications which were requested by the Commission. The following revisions to the plan have been made; the proposed house and garage have been shirted towards the roadway so that the minimum zoning front yard setback of thirty feet is held, the proposed house length has been shorted by five feet and the grading has been altered according to the new house location. In addition, the grading around the proposed sewage disposal system has been changed based on soil testing performed by Peter J. McErlain on June 15, 2005. The testing shows the estimated seasonal high groundwater in the location of the proposed leach field to be approximately seven feet below existing grade, which allows for the removal of the impervious barrier. Please contact this office if you have any additional questions or comments relative to the information provided. Sincerely, cc: DEP - Western Regional Office - Attn: David Foulis (with enclosures) Thomas E. Borawski & Michelle Marlow (with enclosures) Robert A. & Ann M. Borawski (with enclosures) ■ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 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. tab temm A. General Information From: Northampton 1. Conservation Commission 2. This issuance is for (check one): a. 9 Order of Conditions 3. To: Applicant: Thomas a. First Name b. Last Name 12 Vernon Street Apt. 1 d. Mailing Address Northampton e. City/Town 4. Property Owner (if different from applicant): Robert and Ann Borawski a. First Name b. Last Name 170 Audubon Road a. ivwamng Address Northampton e. City/Town 5. Project Location: Kennedy Road a. Street Address 14 0 7. s. DEP File Number: 246 -54 1aMI��NBI� Bk: 839OPg: 82 Page: 1 of 11 Recorded: 08/12/2005 02:41 PM b. ❑ Amended Order of Conditions c. Company MA f. State c. Company MA f. State Northampt b. City/Town 009 01060 g. Zip Code 01060 g. Zip Code C. Assessors Map /Plat Number d. Parcel /Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e. Latitude f. Longitude Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Hampshire a. County b. Certificate (if registered land) 7156 275 c. Book d. Page Dates: 09/23/2004 06/23/2005 07/05/2005 a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Plan of Land for Thomas Bora a. Plan I itle Heritage Surveys Inc. b. Prepared By 06/09/2005 d. Final Revision Date Bruce Coombs c. Signed and Stamped by e. Scale t. Additional Plan or Document Title Borawski g. Date wpaform5 doc • rev. 3/1/05 Page 1 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings I. Findings pursuant to the Massachusetts Wetlands Protection Act: DEP File Number: 246 -547 Following the review of the above - referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. C. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wpaform5.doc • rev. 3/1/05 Page 2 of 9 wetland boundary (if available) a. linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b. linear feet c. linear feet d. linear feet 5. ❑ Bordering Vegetated Wetland a. square feet b. square feet c. square feet d. square feet 6. ❑ Land Under Waterbodies a. square feet b. square feet c. square feet d. square feet and Waterways e. cu.yd dredged f. cu.yd dredged wpaform5.doc • rev. 3/1/05 Page 2 of 9 Ld , Massachusetts Department of Environmental Protection i Bureau of Resource Protection - Wetlands WPA Form 5 -Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 246 -547 B. Findings (cont.) Indicate size under Coastal Beaches and /or Coastal Dunes below Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. ❑ Bordering Land Subject to Flooding a. square feet b. square feet c. square feet d. square feet Cubic Feet Flood Storage ❑ e. cubic feet f. cubic feet g. cubic feet h. cubic feet 8. ❑ Isolated Land Subject to Flooding a. square feet b. square feet a. square feet b. square feet c. c/y nourishmt. d. c/y nourishmt Cubic Feet Flood Storage ❑ c. cubic feet d. cubic feet e. cubic feet f. cubic feet 9. ❑ Riverfront area a. total sq. feet b. total sq. feet a. linear feet b. linear feet Sq ft within 100 ft ❑ c. square feet d. square feet e. square feet f. square feet Sq ft between 100 -200 ft g. square feet h. square feet i. square feet j. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 1o. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a. square feet b. square feet 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and /or Coastal Dunes below 13. ❑ Coastal Beaches a. square feet b. square feet c. c/y nourishmt. d. c/y nourishmt. 14. ❑ Coastal Dunes a. square feet b. square feet c. c/y nourishmt. d. c/y nourishmt 15. ❑ Coastal Banks a. linear feet b. linear feet 16. ❑ Rocky Intertidal Shores a. square feet b. square feet 17. ❑ Salt Marshes a. square feet b. square feet c. square feet d. square feet 18. ❑ Land Under Salt Ponds a. square feet b. square feet c. cu.yd dredged d. cu.yd dredged 19. ❑ Land Containing Shellfish a. square feet b. square feet c. square feet d. square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and /or inland Land Under Waterbodies and Waterways, above 21. ❑ Land Subject to Coastal Storm Flowage a. square feet b. square feet wpaform5.doc• rev 3/1/05 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 246 -547 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 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, bylaws, 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. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition 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. Any fill shall contain 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. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. No work shall be undertaken until the Order has become final and then 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 the 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 done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP "] "File Number 246 -547 wpaform5.doc• rev. 3/1/05 Page 4 of 9 Massachusetts Department of Environmental Protection L Bur eau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 246 -547 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his /her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and /or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more space for additional conditions, select box to attach a text document ❑ See "Attachment A" wpaform5.doc • rev 3/1/05 Page 5 of 9 Ll Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions il Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 246 -547 D. Findings Under Municipal Wetlands Bylaw or Ordinance i. Is a municipal wetlands bylaw or ordinance applicable? M Yes ❑ No 2. The Northampton hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: wpaform5.doc • rev. 3/1/05 Page 6 of 9 a. Municipal Ordinance or Bylaw b. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. M that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Northampton Wetlands Ordinance Chapter 24 a. Municipal Ordinance or Bylaw b. Citation The Commission orders that all work shall be performed in accordance with the following 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. If you need more space for C. The special conditions relating to municipal ordinance or law are as follows: p 9 p y additional conditions, See "Attachment A" select box to attach a text document ❑ wpaform5.doc • rev. 3/1/05 Page 6 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special C b condition pursuant to General Conditions #4, from the date of issuance. 1. Date of i suance Please indicate the number of members who will sign this form: This Order must be signed by a majority of the Conservation Commission. 2. Number of signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Sig Notary Acknowledgement Commonwealth of Massachusetts County of ItAr11 FStfl 1-2k- On this of `AJtIE- Day Month Year 5 Before me, the undersigned Notary Public, W - J So%eMf personally appeared Name df Document Signer proved to me through satisfactory evidence of identification, which was /were z5wi t[ 1u111WLp Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he /she signed it voluntarily for its stated purpose. As member of �''Y'`'T�fytv1l17�'6� City/Town 9 Conservation Commission Place notary seal and /or any stamp above This Order is issued to the applicant as follows: ❑ by hand delivery on Date co MIS C/ . �% .�r CA&c Signature of Notary Public Printed Nam o ry Public •• �t s My Commission Expires (Date) by certified mail, return receipt requested, on Date wpaform5.doc • rev 3/1/05 Page 7 of 9 Massachusetts Department of Environmental Protection iL71 Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 246 -547 G. Recording Information This Order of Conditions must be 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 subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ------------------------------------------------------------------------------------- To: Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Book Page Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Page 9 of 9 wpaform5.doc • rev 3/1/05 "ATTACHMENT A" 18. The owner of the property described in this Order must advise any potential buyer of the property that any construction or alteration to said property, including brush cutting or clearance, may require approval 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: "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. 19. 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. 20. All required permits must be obtained from the Army Corp of Engineers (Section 404, Water Quality Certification), Planning Board, Zoning Board, Department of Public Works, or Building Inspector prior to the start of projects involving fill within any wetland resource area; 21. No disposal of soils or other materials shall be allowed within: a 100 -year floodplain; 40 feet of the 100 -year floodplain elevation; any wetland; or any area within 100 -feet of a wetland, unless such areas are specifically approved by the Commission, in accordance with 310 CMR 10.00, and City of Northampton Ordinances - Chapter 24; 22. All revised plans, referenced within this Order of Conditions, shall be approved by the Conservation Commission and incorporated into this Order by reference and shall be followed during the course of construction. 23. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance areas follows: N/A 24. Prior to the start of any site work, excavation or construction, a pre- construction 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. Prior to the pre - construction meeting, all erosion control devices must be installed. 25. A permanent limit of no work line shall be marked with granite markers twenty feet on center at the fifty -foot buffer of the Bordering Vegetated Wetland. No disturbance, excluding an annual mowing, shall take place beyond the markers. ATTEST: HAMPSHIRE, QP �� EOISTEP MARIANNE L. DONOHUE �! K L111 .V1V11Vl72A1VL1JCVtWY1V1tdV.1 %_ 1 1]I_LAIINUlf1_flHJVll'1_VlN____ planning • conservation • zoning • northampton GIS • historic • community preservation • central business architecture e 1 s Sarah I. LaValley, Conservation, Preservation, & Land Use Planner • slavalley@NorthamptonMA.gov • 413- 587 -1263 January 10, 2011 Robert Borawski 17o Audubon Road PO Box 301 Leeds MA, 01053 RE: Order of Conditions, 17o Audubon Road, Parcel 14 -009. DEP File 2 4 6- 547 Dear Mr. Borawski: Thank you for contacting the Conservation Commission regarding a possible extension for the above - referenced permit. In accordance with the Permit Extension Act, Section 173 of Chapter 240 of the Acts of 2oio, which granted an automatic two -year extension of any permit or approval that was "in effect or existence" between August 15, 2oo8 and August 15, 2oio, the. extension permit is now valid until March 27, 2013. If at that time an additional extension is needed, a request must be filed with the Commission at least 3o days prior to expiration. Please don't hesitate to contact me with any further questions about the Order of Conditions or its automatic extension. Thank you, 04011 Sarah I. LaValley Conservation, Preservation and Land Use Planner CC: File City Hall - 210 Main Street, Room 11 Northampton, MA 01060 • www.NorthamptoriMa.gov e Fax 413- 587 -1264 original printed on recycled paper AITAGE SURVEYS, M -., Professional Surveyors and Engineers College Highway & Clark Street Post Office Box 1 Southampton, Massachusetts 01073 Bruce A. Coombs, President Telephone (413) 527 -3600 Professional Surveyor, MA, CT & VT Facsimile (413) 527 -8280 E -mail: bruce@heritagesurveys.com Website: heritagesurveys.com September 23, 2004 City of Northampton Conservation Commission 212 Main Street - City Hall Northampton, MA 01060 RE: Notice of Intent Thomas E. Borawski Parcel 9, Map 15 Kennedy Road Northampton, MA HSI Job #5068 - 030512 Dear Commission Members: Please find enclosed nine (9) copies of a Notice of Intent (Form 3) for Kennedy Road Parcel 9, Map 14, with Exhibits A through D, in accordance with the Massachusetts Wetlands Protection Act, G.L. c131 s40 and City of Northampton Wetland Protection Ordinance, Chapter 24. This filing is relative to the construction of a single - family dwelling, for which a portion of the proposed house, grading, and sewage disposal system will be located in the 100' buffer zone of a Bordering Vegetated Wetland. The Notice of Intent package also includes the following items: 1. Nine (9) prints of plans entitled, "Plan of Proposed Sewage Disposal System, Northampton, Massachusetts, Prepared for Thomas E. Borawski & Michelle Marlow, dated September 23, 2004 - Plan of Land in Northampton, Massachusetts, Surveyed for Robert A. & Ann M. Borawski, dated September 13, 2004 - Preliminary Plan of Proposed Sewage Disposal System, Northampton, Massachusetts, Prepared for Thomas E. Borawski & Michelle Marlow, dated August 24, 2004. 2. One check addressed to the City of Northampton for $242.50 a check for recording fee addressed to the Commonwealth of Massachusetts in the amount of $75.00. 3. Copy of check addressed to Commonwealth of Massachusetts in the amount of $112.50 mailed to the DEP - Boston, MA. Two (2) sets of the Notice of Intent have been filed with DEP - Western Regional Office. We would appreciate your directing any correspondence regarding the above referenced project to Thomas E. Borawski & Michelle Marlow, Vernon Street, Apt. 1, Northampton, MA 01060, (413) -586- 8308, with copies of the same to Heritage Surveys, Inc. Sincerely, ark P. Reed cc: DEP - Western Regional Office DEP - Boston, MA Thomas E. Borawski & Michelle Marlow A RITAGE SURVEYS, 1IR _. Professional Surveyors and Engineers College Highway & Clark Street Post Office Box 1 Southampton, Massachusetts 01073 Bruce A. Coombs, President Telephone (413) 527 -3600 Professional Surveyor, MA, CT & VT Facsimile (413) 527 -8280 E -mail: bruce@heritagesurveys.com Website: heritagesurveys.com September 23, 2004 DEP - Western Regional Office State House West 436 Dwight Street Springfield, MA 01103 RE: Notice of Intent Thomas E. Borawski Parcel 9, Map 15 Kennedy Road Northampton, MA HSI Job #5068 - 030512 Dear Sir or Madam: Please find enclosed two (2) copies of a Notice of Intent (Form 3) for Kennedy Road Parcel 9, Map 14, with Exhibits A through D, in accordance with the Massachusetts Wetlands Protection Act, G.L. c131 s40 and City of Northampton Wetland Protection Ordinance, Chapter 24. This filing is relative to the construction of a single - family dwelling, for which a portion of the proposed house, grading, and sewage disposal system will be located in the 100' buffer zone of a Bordering Vegetated Wetland. The Notice of Intent package also includes the following items: 1. Two (2) prints of plans entitled, "Plan of Proposed Sewage Disposal System, Northampton, Massachusetts, Prepared for Thomas E. Borawski & Michelle Marlow, dated September 23, 2004 - Plan of Land in Northampton, Massachusetts, Surveyed for Robert A. & Ann M. Borawski, dated September 13, 2004 - Preliminary Plan of Proposed Sewage Disposal System, Northampton, Massachusetts, Prepared for Thomas E. Borawski & Michelle Marlow, dated August 24, 2004. 2. Copies of checks addressed to Commonwealth of Massachusetts & City of Northampton. Nine (9) sets of the Notice of Intent have been filed with The City of Northampton Conservation Commission. We would appreciate your directing any correspondence regarding the above referenced project to Thomas E. Borawski & Michelle Marlow, Vernon Street, Apt. 1, Northampton, MA 01060, (413) -586- 8308, with copies of the same to Heritage Surveys, Inc. ^ Sincerely, ark P. Reed cc: City of Northampton Conservation Commission DEP - Boston, MA Thomas E. Borawski & Michelle Marlow • NORTHAMPTON WETLAND PERMITTING SUBMITTAL REQUIREMENTS NOTICE OF INTENT File with the Office of Planning and Development City of Northampton, Massachusetts 1. Street Address: Kennedy Road 2. Assessor's Map: 14 Parcel(s): 009____ Additional property descri 3. Check list of filing requirements (Check the items enclosed with this application. Applications MUST have these items or they will not be accepted.) An Existing Conditions Site Plan including the following: g Boundary of entire lot and notation of lot area ❑ Context of adjacent lots, if necessary to show extent of wetland /riverfront resource R1 Numbered wetland flags A 50' AND 100' wetland buffer ❑ Mean Annual High Water line, for riverfront permits ❑ 100' inner riparian zone AND 200' outer riparian zone, for riverfront permits 16 Existing structures, impervious surfaces (ie: pavement, gravel) and lawn areas ❑ Edge of vegetation accurately measured or surveyed Significant (8 "+ DBH) trees within the limit of work area that are also within the 200' riverfront area, wetland and 100' wetland buffer 0 2' contours A Elevations in feet (not meters), for projects within the floodplain Zoning setbacks 1:20 scale, if possible A Plan of Proposed Work including the following: Grading /proposed new contours Hardscape (ie: footprint of house, driveway, walkways, terraces, etc...) ,® Any removal of vegetation and significant trees within the riverfront area, wetland and buffer ❑ Landscaping and plantings within the riverfront area, wetland and wetland buffer V Location of erosion control barrier Limit of work line Utility lines ❑ Stormwater management, if required ❑ At the same scale as the Existing Conditions Site Plan 1 am requesting a waiver of one or more of the above requirements for the following reasons: ❑ Documentation of the date the lot was recorded, for riverfront permits ;0 Nine (9) copies of the fully completed Notice of Intent form and all necessary attachments �O Nine (9) copies of plans, each one folded (not rolled) and collated with an application form 1� Northampton Wetland Filing Fee (from Wetland Fee Transmittal Form) $75 recording fee (separate check made payable to the Commonwealth of Massachusetts) Self- addressed, business sized (no. 10) envelope 9 We believe and understand that (initial each item below): �_ _We have provided all the information required in the checklist above; this application is incomplete, the Office of Planning and Development reserves the right to hold a e application from public hearing until such time that it is complete; We must check for the date and time of our public hearing, which will be posted on the OPD website www.NorthamptonPlanninq.orq the Tuesday following the application deadline. The schedule can also be heard on the OPD voice mail system Friday (8 days) after the application deadline; If we are requesting any waivers of submittal requirements, the permitting process may take longer; _If the site is in or near a habitat resource area based on NHESP maps, Northampton Potential Vernal Pools map, Northampton Certified Vernal Pools, Northampton Open Space and Recreation Plan, or others, the Conservation Commission will most likely require a habitat evaluation by a wildlife biologist or offier specialist; The Conservation Commission may request an alternatives analysis for work proposed within the buffer zone of a wetland; _The plans submitted are now in the public domain and may be copied freely in any form; '4 �R_The Conservation Commission and their representatives have permission to enter the property; —an.d 1L1V_ Office of Planning and Development will record the Order of Conditions at the Hampshire County Registry of Deeds. Applicant (print or type): Th E. Borawski Address: 12 Vernon Street, Northampton 4 )nature G y Phone: (413) 586 - 8308 (print or type): nature: ' _ 4 (P yp : Si Robert A. &Ann M. Borawski Owner g ����' - - -=-- - - - - -- Address: 170 Audubon Road, Northampton Phone: • Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Northampton Wetlands Ordinance A. General Information 1. Project Location: Kennedy R Northampton a. Street Address b. City Latitude and Longitude, if Kown: d. Latitude Map 14 Parcel 009 g. Parcel /Lot Number c. Company MA f. State f. Assessors Map /Plat Number 2. Applicant: Thomas Borawaski a. First Name b. Last Name 12 Vernon Street, Apt. 1 d. Mailing Address Northampton e. City/Town (413) 586 -8308 h. Phone Number i. Fax Number 3. Property owner (if different from applicant) Robert & Ann Borawski 01060 g. Zip Code j. Email address ❑ Check if more than one owner a. First Name b. Last Name 170 Audubon Road DEP File Number Document Transaction Number Northampton City _- Al AKA e. Longitude c. Company MA f. State 01060 g. Zip Code i. Fax Number j. Email address Reed Ordinance b. Contact Person First Name c. Contact Person Last Name College Highway & Clark Street d. Mailing Address Southampton MA 01073 lote: The Northampton Conservation Commission requires the Wetland Permitting Submittal tequirements checklist and a total of nine ()collated copies of the completed Notice of Intent pplication including appendices,supporting pi ans and documents,together w ith the lorthampton Wetland Filing Fee (includes advertising cost) and the $75 recording fee (separate heck made payable to the Commonwealth of Massachusetts). a. Total Fee Paid b. State Fee Paid c. City Fee Paid e. City/Town f. State (413) 527 -3600 h. Phone Number i. Fax Number j. Email address 5. Total WPA Fee Paid (from Appendix A, Wetland Fee Transmittal Form): $355.00 $112.50 $242.50 g. Zip Code Provided by DER 246- wpaform3.doc • rev. 06/03 Page 1 of 7 OPD rev 10/03 d. Mailing Address Note: Northampton Before e. City/Town completing this form, consult h. Phone Number the Conservation 4. Representative (if any): Commission Heritage Surveys, Inc and /or the a. Firm Northampton Mark Wetlands MA f. State 01060 g. Zip Code i. Fax Number j. Email address Reed Ordinance b. Contact Person First Name c. Contact Person Last Name College Highway & Clark Street d. Mailing Address Southampton MA 01073 lote: The Northampton Conservation Commission requires the Wetland Permitting Submittal tequirements checklist and a total of nine ()collated copies of the completed Notice of Intent pplication including appendices,supporting pi ans and documents,together w ith the lorthampton Wetland Filing Fee (includes advertising cost) and the $75 recording fee (separate heck made payable to the Commonwealth of Massachusetts). a. Total Fee Paid b. State Fee Paid c. City Fee Paid e. City/Town f. State (413) 527 -3600 h. Phone Number i. Fax Number j. Email address 5. Total WPA Fee Paid (from Appendix A, Wetland Fee Transmittal Form): $355.00 $112.50 $242.50 g. Zip Code Provided by DER 246- wpaform3.doc • rev. 06/03 Page 1 of 7 OPD rev 10/03 • Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection - Wetlands 246 - DEP File Number LlWPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number ton Wetlands Ordinance Northampton and the Northampton cit A. General Information (continued) 6. General Project Description: The project involves the construction of a single family dwelling, sewage disposal system, and associated site grading. 7. Project Type Checklist: a. ❑✓ Single Family Home b. ❑ Residential Subdivision C. ❑ Limited Project Driveway Crossing d. ❑ Commercial /industrial e. ❑ Dock/Pier f. ❑ Utilities g` —❑ Coastal Eng Structure h. ❑ Agriculture — cranberries, forestry i. ❑ Transportation j. ❑ Other 8. Property recorded at the Registry of Deeds of Land Court, as applicable, for: Hampshire a. County 7156 b. Book 275 c. Page Number d. Certificate # (if registered land) 9. Buffer Zone Only Is the project located only in the Buffer Zone of a bordering vegetated wetland or inland bank? a. ❑✓ Yes If yes, skip to Section C. b. ❑ No If no, check the resource areas to be affected by this project, directly below. wpaform3.doc • rev. 06/03 Page 2 of 7 OPO rev 10/03 Massachusetts Department of Environmental Protection Provided by'DEP: Bureau of Resource Protection - Wetlands 246 - DEP File Number WPA Form 3 — Notice of Intent t - , Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Northampton and the Northampton Wetlands Ordinance cit B. Resource Area Effects 1. Inland Resource Areas Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. ❑ Bank b. ❑ Bordering Vegetated Wetland c. ❑ Land Under Waterbodies and Waterways d. ❑ Bordering Land Subject to Flooding e. ❑ Isolated Land Subject to Flooding 1. linear feet 1. square feet 1. square feet 3. cubic yards dredged 1. square feet 3. cubic feet of flood storage lost 1. square feet 2. linear feet 2. square feet 2. square feet 2. square feet 4. cubic feet of flood storage replaced f. ❑ Riverfront area 1. Name of Waterway (if available): 2. Width of Riverfront Area (check one): I■ '- '- '' - - - A ❑ 100 ft. - New agricultural projects only ❑ 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: 2. cubic feet of flood storage lost 3. cubic feet of flood storage replaced Square Feet 4. Proposed alteration of the Riverfront Area: a. Total Square Feet b. Square Feet within 100 ft. c. Square Feet between 100 ft. and 200 ft. 5. Has an alternatives analysis (see 10.58(4)(c) of the Wetlands Protection ❑ Yes ❑ No Act) been done and is it attached to this NOI? 6. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes ❑ No wpaform3.doc • rev. 06/03 Page 3 of 7 OPD rev 10/03 • Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Northampton Wetlands Ordinance B. Resource Area Effects (continued) 2. Coastal Resource Areas (does not apply to the City of Northampton) Provided by DEP 246 DEP File Number Document Transaction Number Northampton Cit 3. Limited Project: Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? a. ❑ Yes ❑ No If yes, describe which limited project applies to this project: b. Limited Project C. Bordering Vegetated Wetland Delineation Methodology Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: For all projects 1. ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP affecting other (attached) Resource Areas, please z. ❑ DEP BVW Field Data Form (attached) attach a narrative 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP (attached) explaining how the resource 4. ❑✓ Other Methods for Determining the BVW Boundary (attach documentation): area was delineated. a. ❑✓ 50% or more wetland indicator plants b. Q Saturated /inundated conditions exist c. Q Groundwater indicators d. Q Direct observation e. ❑✓ Hydric soil indicators f. ❑ Credible evidence of conditions prior to disturbance D. Other Applicable Standards and Requirements 1. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State - Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? a. ❑ Yes ❑✓ No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive Westborough, MA 01581 July 1, 2003 b. Date of Map wpaform3.doc • rev. 06/03 Page 4 of 7 OPD rev 10/03 a Massachusetts Department of Environmental Protection Provided by DEP: -� Bureau of Resource Protection - Wetlands 246- DEP File Number WPA Form 3 — Notice of Intent i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northa ntpransactfon Number Northampton and the N o r thampton Wetlands Ordinance city D. Other Applicable Standards and Requirements (continued) 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? ❑✓ Not applicable — project is in inland resource area only 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. ❑ Yes ❑✓ No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). (There are no Areas of Critical Environmental Concern in Northampton) b. ACEC 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. ❑ Yes ❑✓ No (Not applicable in Northampton) 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the wetlands regulations, 310 CMR 10.00. a. ❑ Yes ❑✓ No If yes, describe which exemption applies to this project: b. Exemption 6. Is this project subject to the DEP Stormwater Policy? a. ❑ Yes ❑r✓ No b. If yes, stormwater management measures are required. Applicants should complete Appendix B: Stormwater Management Form and submit it with this form. c. If no, explain why the project is exempt: single family dwelling E. Additional Information Applicants must include the following with this Notice of Intent (NOI). See instructions for details. 1. ❑✓ USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. 2. ❑✓ Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland j3VW]replication ar ea or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 06103 Page 5 of 7 OPD rev 10/03 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands 246- _ DEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Northampton and the Northampton Wetlands Ordinance city E. Additional Information (continued) 3. ❑✓ Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). 4.0 List the titles and dates for all plans and other materials submitted with this NOI. 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7 -❑ AttaGh prGof of mailiRg fer MassaGhusetts D of Marine Fisheries, Of needed. s. ❑✓ Attach Appendix A, Wetland Fee Transmittal Form, see next page. s. ❑ Attach Appendix B, Stormwater Management Form, if needed. F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department (see Instructions and Appendix A. Wetland Fee Transmittal Form). No fee shall be assessed for projects of the federal government, the Department, or cities and towns of the Commonwealth. Applicants must submit the following information (in addition to pages 1 and 2 of Appendix A) to confirm fee payment: 663 ($242.50)- 666 ($75.00) 1. Municipal Check Number 665 ($112.50) 3. State Check Number Thomas E. Borawski & Michelle Marlow 5. Payor name on check: First and Last Name 9/20/04 2. Check date 9/20/04 4. Check date Thomas E. Borawski 6. Applicant name (if different from payor) wpaform3.doc • rev. 06/03 Page 6 of 7 OPD rev 10/03 • Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Northampton Wetlands Ordinance Provided by DEP: 246 - DEP File Number Document Transaction Number Northampton City G. Signatures and Submittal Requirements I hereby certify under the 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. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 0. Notice must be made in writing by hand delivery or certified mail (return receipt re sted) to abutters within 100 feet of the property line of the project location. ; � o' Sr iSi re f Applica Date & Signature of Property Owner ' erent) Date igna ure of Representative (if any) Date For Northampton Conservation Commission: One copy of the Northampton Wetland Permitting Submittal Requirements checklist and a total of nine (9) collated copies of the completed Notice of Intent (Form 3) including appendices, supporting plans and documents, together with the Northampton Wetland Filing Fee and the $75 recording fee (separate check made payable to the Commonwealth of Massachusetts) must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents; one copy of pages 1 and 2 of Appendix B, if applicable; and a copy of the state fee payment must be sent to the DEP Regional Office (see Instructions) by certified mail or hand delivery. DEP Western Region 436 Dwight Street Suite 402 Springfield, MA 01103 The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaform3.doc • rev. 06/03 Page 7 of 7 OPD rev 10/03 � « � � + � b . ■ r r 6r ■ 3 3 9 w ! • iN ! { 2 al. Iz \!we)q§ \ o �\\ -- \\ � \ \tea /e\ § ESTIMATED I -IP&TS OF RARE WILDLIFE AND CERTIFIEf 'FINAL POOLS For use with the MA etlands Protection Act Regulations (310 CMR 10) Effective June 1, 2003 Produced by the Natural Heritaqe & Endangered Species Program 0.5 0 0.5 1 Miles See County Index Maps to EASTHAMPTON QUAD locate adjacent quadrangles 4is November 2, 2004 Robert McCollum Department of Environmental Protection Western Regional Office 436 Dwight Street Springfield, MA 01103 RE: Borawski NOI DEP File # 246 -547 Dear Bob, I am writing to you on behalf of the Northampton Conservation Commission to formally request assistance from DEP. The NCC has before it a Notice of Intent filed by Thomas Borawski and Michelle Marlow for the construction of a single - family house and septic system, with work being proposed within the Buffer Zone of a Bordering Vegetated Wetland. The property has been in active agricultural use for decades. The current owner, Robert Borawski, the applicant's father, has been leasing the land for farming since 2001 and purchased the property last year. An aerial photo of the property taken in 2001 (from MassGIS, state -wide ortho photos) shows a continuous stream on the parcel, which flows directly into a tributary to the City's surface water supply. The SCS soils map for the area also shows an intermittent stream in the same location as that shown in the aerial photo. The NCC visited the site with the applicant and his representative, Mark Reed of Heritage Surveys. The existing conditions appear different than the aerial photo from 3 years ago. There is no longer a continuous stream, but rather a segment of stream directly behind the proposed house site, which flows into a linear BVW, which then flows again into the tributary. Mr Borawski, the property owner, told the NCC at the site visit and during the public hearing that he has been plowing through the drainage channel to plant more crops. The NCC is concerned that there has been an alteration of a jurisdictional resource area. Even if the stream was on land in agricultural use, it cannot be filled. The regulations give an agricultural exemption for the normal maintenance of land in agricultural use, but a resource area may not be altered without a permit from the Conservation Commission. Additionally, the regulations for bank resources state, among other things, that any proposed work shall not impair the physical stability of the bank, the water carrying capacity of the existing channel within the bank, and only allow for the alteration of 10% or 50 linear feet, whichever is less. At the public hearing this past Thursday, October 28, the NCC decided that before it proceeded with the permit process, it needed to find out what resource areas were on the site and how much remains. The NCC voted to continue the hearing and formally request assistance from DEP in this matter. I have attached a copy of the 2001 aerial photo. Please contact me at your earliest convenience at (413) 587 -1263 to discuss this matter further and to set up a site visit. Thank you in advance. Sincerely, Gloria McPherson Conservation and Land Use Planner The applicants are proposing to demolish a large wood barn and a smaller stone barn, along with some stone retaining walls, and construct a new house, garage and septic system. (Say goodbye to rural character.) The proposed house site is a small knoll beside the road and slopes down pretty steeply on the other three sides to a wet meadow. The rest of the larger original parcel is farmland. There are some existing trees on the house site, mostly by the slope down to the wetland. The rest of the vegetation is grasses. THE BIG ISSUE: • There is a jurisdictional intermittent stream (the channel of which is clearly evident, you can even see part of it in the topography shown on the plan in the south portion of the lot (the 410 and 411 contours)) running through the wetland and out of an upstream BVW. • Based on GIS maps, a site visit this morning, and a conversation with Paulette from the DPW, it appears that this is not a building lot because of a tributary to the public drinking water supply on this and adjacent properties. No septic systems may be located within 200' (remember Bill Brandt's lot, also on Kennedy Road and the intermittent stream determination ?) Other Issues: • This is a site where erosion into the wetland could be a big issue based on the topography, the nature of the work proposed and it's proximity to the wetland. • The NCC policy states that the 20% potentially allowable alteration within the 50 -100' buffer zone is a cumulative total for the lot. The reserve leach field is located even closer to the 50' buffer. • The applicant is requesting a waiver of the 20% up front and proposes the alteration of 30 %. This is better than the "Preliminary' septic design plan at V =30' that was included with the NOI to show how the work has already been scaled back to 30% alteration. • Grading is shown butting up to the stone barn which, when I had spoken to the applicant, was to remain. How do the new contours meet up? Was this additional area of grading calculated into the 30% alteration? • The NCC needs some official alternatives analysis standards (maybe a new policy ?) so that when situations like this arise, you can ask for specific graphic and written things from an applicant to be sure that there are no reasonable alternatives to the work proposed. Staff Recommendation: Ask applicant to file an ANRAD for delineation of all resource areas on the entire property and look at adjacent City -owned parcel to understand the larger wetland /intermittent stream picture. This is a continuation from last meeting The NCC asked for more information from the applicant regarding the historical status of the stream on the property which was clearly continuous in the aerial photo of 2001, but is no longer so at present. One of the sources that the NCC asked the applicant to look at was the SCS Soils Maps. The soils map for the site show a stream that looks just like the stream in the 2001 photo. Even if the stream was on land in agricultural use, it cannot be filled. The regulations give an agricultural exemption for the normal maintenance of land in agricultural use, including cleaning out drainage channels, but a resource area MAY NOT be altered without a permit from the Conservation Commission. Additionally, the regulations for bank resources state, among other things, that any proposed work shall not impair the physical stability of the bank, the water carrying capacity of the existing channel within the bank, and only allow for the alteration of 10% or 50 linear feet, whichever is less. (See 10.53 (4)(a)) Once the Commission suspects that there was an alteration of a jurisdictional resource area on site, it can't issue a permit. Staff Recommendation: • It is reasonable for the Commission to stop the process and try to find out, or have the property owner look into, what was there and how much of it is left. • The NCC should formally ask for assistance from DEP in this matter.