Calvin Coolidge Bridge General Plan310CMR 10.99
Form 5
Commonwealth
of Massachusetts
From Northampton Conservation
Mass. Highway Depaitalent
Attention: Lori Lundgren
Name of property owner
Ten Park Plaza, Room 4260
Boston, MA 02116 -3973
Address
[ ] Public water supply
[ ] Private water supply
[ ] Ground water supply
Doc 990001062 OR 1563410169 031091x— '114;52
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
and the Northampton Wetlands Protection Ordinance
Commission Issuing Authority To:
Mass. Highway Depaitlnent
Attention: Lisa Rhodes
Name of Applicant
Ten Park Plaza, Room 4260
Boston, MA 02116 -3973
Address
This Order is issued and delivered as follows:
[ ] by hand delivery to applicant or representative on (date)
[X ] by certified mail, return receipt requested on January 19, 1999.
This project is located in Northampton at Route 9 over the Connecticut River .
The property is recorded at the Registry of Hampshire County
Book N/A Page N/A
Certificate (if registered) N/A
The Notice of Intent for this project was filed on November 23, 1998.
The public hearing was closed on December 28, 1998.
Findings:
[X] Flood Control
[X] Storm damage prevention
[X] Prevention of pollution
Total Filing Fee Submitted $787.50 State Share $381.25
(' /Z fee in excess of $25)
Total Refund Due $ City Portion $ State Portion $
(1/2 total)
1
DEP File No. 246 - 437
(To be provided by DEP)
City /Town Northampton
Applicant_Mass Highway Dept.
Map #:10 - _1. - Parcel #
The Northampton Conservation Commission has reviewed the above - referenced Notice of Intent and plans and has
held a public hearing on the project. Based on the information available to the Conservation Commission at this
time, the Commission has determined that the area on which the proposed work is to be done is significant to the
following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area
Subject to Protection Under the Act (check as appropriate):
[ ] Land containing shellfish
[ ] Fisheries
[ ] Protection of Wildlife Habitat
City Share $406.25
(1/2 total)
rte, T
Doc: 990007062 OR /5u,,/0170 03/09/1999 14:52
Therefore, the Northampton Conservation Commission hereby finds that the following
conditions are necessary, in accordance with the Performance Standards set forth in the
regulations, to protect those interests checked above. The Conservation Commission orders that
all work shall be performed in accordance with said conditions and with the Notice of Intent
referenced above. To the extent that the following conditions modify or differ from the plans,
specifications or other proposals submitted with the Notice of Intent, the conditions shall control.
General Conditions:
1. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by -laws or
regulations.
4. The work authorized hereunder shall be completed within three years from the date of
this Order unless either of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act; or
(b) the time for completion has been extended to a specified date more than three
years, but less than five years, from the date of issuance and both that date and the
special circumstances warranting the extended time period are set forth in this
Order.
5. This Order may be extended by the issuing authority for one or more periods of up to
three years each upon application to the issuing authority at least 30 days prior to the
expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the
foregoing. The applicant is prohibited from using demolition materials, asphalt,
large chunks of concrete, tree stumps and limbs, and general refuse;
7. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or, if such an appeal has been filed, until all proceedings, before the Department
have been completed.
8. No work shall be undertaken until the Final order has been recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of
2
SPECIAL CONDITIONS:
Doc; 990007062 OR /5634/0 1' . 03/09/199914;52
title of the affected property. In the case of recorded land, the Final Order shall also be
noted in the Registry's Grantor Index under the name of the owner of the land upon which
the proposed work is to be done. In the case of registered land, the Final Order shall also
be noted on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is to be done. The recording information shall be proposed work is to be
done. The recording information shall be submitted to the Commission on the form at the
end of this Order prior to commencement of the work. The Commission usually will
record the Order in the Registry of Deeds. It is the applicant's responsibility to
insure the Order is properly recorded.
9. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the works, "Massachusetts Department of Environmental
Protection, File Number 246- 437 ."
10. Where the Department of Environmental Protection is requested to make a determination
and to issue a Superseding Order, the Conservation Commission shall be a party to all
agency proceedings and hearings before the Department.
11. Upon completion of the work described herein, the applicant shall forthwith request in
writing that a Certificate of Compliance be issued stating that the work has been
satisfactorily completed.
12. The work shall conform to the following plans and special conditions:
PLANS /TITLE DATED SIGNED & STAMPED BY:
Notice of Intent by Mass. Highway Dept. 11/16/98 Lori A. Lundgren
"Hadley/Northampton, Route 9, General 1998
Plan," Sheets 8, 9 and 10.
All Plans and information on file with Northampton Conservation Commission
13. The Commission and its agents shall have the right to enter and inspect the property at
any time to monitor for compliance with the conditions of this Order, the Act, and
Wetlands Protection Regulations: 310 CMR 10.00 and Chapter 24 of the City's
Ordinances: "The Wetlands Protection Ordinance ". They shall have the right to request
and receive any data or documentation that is deemed necessary for evaluation of
compliance.
3
Docl 990007062 OR /5634/01'h— ' 03/09/199914;52-
14. This Order of Conditions shall apply to any successor in interest or successor in control;
15. 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 ";
16. The contractor is as responsible as the applicant and property owner for any violations of
the Orders of Condition and penalties under the law, while all activities regulated by this
Order are being performed.
17. 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.
18. 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;
19. 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;
20. Any change or deviation from the Notice of Intent, plans and/or Order of Conditions
approved by the Commission, prior to or during construction, shall require the applicant
to file a request for an amendment with the Conservation Commission. It shall include a
written inquiry as to whether or not the change is substantial enough to require the filing
of a new Notice of Intent.
After making a positive determination, the Commission shall conduct a public hearing to
amend the Order or to issue a new Order, if a new Notice of Intent is required.
4
Doc; 990007062 OR /5634/0173 ('9I1999 14:52
21 In accordance with General Condition 8 on page 5 -2 of this Order, this Order shall be
recorded at the Hampshire County Registry of Deeds by the Northampton Conservation
Commission prior to commencement of work on the site.
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
are as follows:
( #30, A & B).
PRE - CONSTRUCTION REQUIREMENTS:
24. The applicant shall notify the Commission, in writing, as to the date that the work will
commence on the project. Said notification must be received by the Commission no
sooner than (10) days and no later than five (5) days prior to the commencement of the
approved activity;
25. The applicant shall notify the Commission in writing of the name, address, business and
home telephone numbers of the project supervisor and/or contractor who shall be
responsible for ensuring compliance with the conditions in this Order.
26. Prior to the start of any site work, excavation or construction, a preconstruction
conference shall be held on the site, between the contractor conducting the work, the
site /project engineer, the applicant, and a member or agent of the Conservation
Commission, in order to ensure that the requirements of this Order are understood by all
parties. Prior to the pre - construction meeting, all erosion control devices must be
installed, also.
27. In the event of an emergency, problem, or the need to discuss site conditions with the
Commission or its agent, the contact person for this project shall be: John Bennett (days)
and (evenings & weekends);
REQUIREMENTS DURING ACTIVE CONSTRUCTION:
28. EROSION AND SEDIMENTATION CONTROL:
A. Areas of construction shall remain in a stable condition at the close of each
work/construction day:
1. Erosion controls shall be inspected at this time, and after each rainstorm.
2. Any entrapped silt greater than six inches shall be removed to an area
5
Doc; 990007062 OR /51,,,/0174 03/09/199914; 52
outside of the buffer zone and wetland resource areas.
3. Any breaches in the siltation barriers shall be repaired prior to leaving the
site for the day.
4. All erosion controls must be maintained or reinforced to meet
specifications in the plans and this order and shall be replaced as
necessary.
5. An adequate stockpile of erosion control materials shall be on site at all
times for emergency or routine replacement. The stockpiles equipment
shall include materials to repair silt fences, haybales, or any other devices
planned for the control of erosion at the site.
B. Adequate measures shall be taken to prevent erosion and siltation of all disturbed
areas, and shall be implemented prior to any construction:
1. Erosion control devices shall remain in place until all disturbed surfaces
have been stabilized with a vegetative cover or until the Commission has
authorized their removal. Areas that cannot be permanently stabilized
within 30 days of disturbance shall be stabilized by temporary measures
acceptable to the Conservation Commission.
POST CONSTRUCTION SUBMITTALS & WORK IN BUFFER ZONE:
29. Upon completion of the project, the Applicant shall submit a certification that all work
has been done in conformance with the provisions of the Order of Conditions and request
a Certificate of Compliance.
If checked: [ X] YES
Certification shall be by the Project Engineer.
STORMWATER RUNOFF & POLLUTANT PREVENTION & WATER QUALITY
30. Stormwater Runoff:
A. New or altered existing catch basins will be designed with four -foot sumps and oil
separators and will be cleaned annually.
B. Catch basin sediments will be disposed of in accordance with current DEP policy.
6
10.99: continued
appeared rrn > tJ r rtb -r--1
310 CMR., >EPARTMENT OF ENVIRONMENT \'PROTECTION
Issued by the Northampton Conservation Commission
This Order must be signed by a majority of the Conservation Commission.
On this day of Dec- earuf-Z2 19 9 d - ', , before me personally
the foregoing instrument, and acknowledged that he /she executed the same as his/her free act and deed.
- - Doc, 990007062 OR /5634/0175 03/09/199914; 52
- 7/ 4 7 9 �
D
My Commission Efcspires
, to me known to be the person described in, and who executed,
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land upon which the
proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified
of their right to request the Department of Environmental Protection to issue a Superseding.Order, providing the
request is made by certified mail or hand . delivery to the Department, with the appropriate filing fee and Fee
Transmittal Form as provided in 310 CMR 10.03(7) within ten days from the date of issuance of this determination.
A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and the applicant.
4/1/94
Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work.
To Northampton Conservation Commission Issuing Authors r'�
Please be advised that the Order of Conditions for the project at
File Number
has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on 19
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Signature Applicant
1tEGLST 310 CMR - 423 423
cr "15s iNrEHw Xi y
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
WPA Form 7
Rev. 02/00
O 92134549 OR /6473/0270 12/21/200108;'~
Massachusetts Department of Environmental Protection
_Bureau__ of Resource_ P_rotection_— Wetlands
WPA Form 7 — Extension Permit for Orders of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
City of Northampton Wetlands Protection Ordinance, Chapter 24
A. General Information
1. Applicant:
Massachusetts Highway Department
Name
Ten Park Plaza
Mailing Address
Boston
City/Town
2. Property Owner (if different):
Name
Mailing Address
City/Town
B. Finding Information
The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on:
January 19, 1999
Date
for work at:
Route 9 over the Connecticut River. N/A N/A
Street Address
recorded at the Registry of Deeds for:
Hampshire
County
Certificate (if registered land)
is hereby extended until:
January 19, 2005
Date
Date the Order was last extended (if applicable):
N/A
Date
Issued by:
Northampton Conservation Commission
Conservation Commission
MA
State
State
Assessor's Map /Plat Number
N/A
Book
DEP File Number:
246 -437
Provided by DEP
02116 - 3973
Zip Code
Zip Code
Parcel /Lot Number
N/A
Page
This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest
extension. Only unexpired Orders of Conditions or Extension may be extended.
Page 1 of 3
WPA Form 7
Rev. 02 /00
Doc: 9r '1549 OR /6473/0271 12/21/2001 08:57
Massachusetts Department of Environmental Protection
—Bureau-of-Resource-Protection---Wetlands
WPA Form 7 Extension Permit for Orders of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
City of Northampton Wetlands Protection Ordinance, Chapter 24
B. Finding Information (cont.)
This Order of Conditions Extension must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and the appropriate DEP Regional Office (see Appendix A).
Signatures:
On Twenty -ninth
Day
before me personally appeared
The above -named Mason Maronn
that he /she executed the same as his /her free act and deed.
Date sent to DEP: December 4, 2001
Of November, 2001
Month and Year
My ommission Expires
C /l ,,,
to me known to be the person described in and who executed the foregoing instrul ant an�ci - pc n ovule &fed
DEP File Number:
246 -437
Provided by DEP
C. Recording Confirmation
The applicant shall record this document in accordance with General Condition 8 of the Order of
Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the
Registry of Deeds, and return it to the Conservation Commission.
Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of
work, to record the final Order (or in this case, the Extension Permit for the Order of Conditions) 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, it shall be noted in the Registry's Granter 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, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is done.
Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the
Order of Conditions subject to this Extension Permit.
Page 2 of 3 •
WPA Form 7
Rev. 02/00
Do'32134549 OR /6473/0272 12/21/2001 08 (
Massachusetts Department of Environmental Protection
-- Bureau -of- Resource - Protection - - Wetlands
WPA Form 7 — Extension Permit for Orders of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
City of Northampton Wetlands Protection Ordinance, Chapter 24
C. Recording Confirmation (cont.)
To:
for:
Northampton Conservation Commission
Conservation Commission
Please be advised that the Extension Permit to the Order of Conditions for the project at:
Route 9 over the Connecticut River
Project Location
has been recorded at the Registry of Deed of:
Hamsphire
County
Massachusetts Highway Department
Property Owner
246 -437
DEP File Number
and has been noted in the chain of title of the affected property in accordance with General Condition 8 of
the original Order of Conditions on:
Date Book
If recorded land the instrument number which identifies this transaction is:
Instrument Number
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
or
MARIANNE I DONOHUE
REGISM
DEP File Number:
246 -437
Provided by DEP
Page
Page 3 of 3