11C-001 Meadowcrest Farms-Conservationy t
Form 5
,ee eard>Pd
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Commonwealth
of Massachusetts
M 9
OECE File No. 2 4 6 -17 4
(To be prowdeo by 0EaE)
Northampton
CitylTown
Alexander Macphail
Applicant
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §
From Northampton Conservation Commission
Alexander Macphail
Gable Realty Co.
To (Name of property owner)
(Name of Applicant)
92 Florence St. ,
Leeds, MA o1053 Address
Address same
This Order is issued and delivered as follows:
C by hand delivery to applicant or representative on
(date)
(date)
LXX by certified mail, return receipt requested on and Vi llone Dr. (12 lots)
ar ea bounded by Front St., Florence St.,
This project is located at
The property is recorded at the Registry of
Hampshire
220 -221
Boo 2:)3D Page
Certificate (if registered)
The Notice of Intent for this project was flied on
June 30 , 1987 (date)
November 9, 1961 (date)
The public hearing was closed on ,
Findings has reviewed the above - referenced Notice of
The Northampton Conservation Commission
intent and plans and has held a public hearing on the Conservation C h
Commi n t
has determined that
Conservation Commission at this time, the
the area on which the proposed work is to be done is significant to lea Subject to Protection Under h
llowing interests in the Presumptions of Significance set forth in the regulations for each
Act (check as appropriate):
❑ Public water supply
❑ Private water supply
❑ Ground water supply
Ek Flood control
21 Storm damage prevention
❑ Prevention of pollution
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❑ Land containing shellfish
❑ Fisheries
❑ Protection of wildlife habitat
Effective 11 /1 /87
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 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 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 ccmpletion 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 Crder may be extended by the issuing authority fcr 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, inciuding 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 Commission
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,
Fie Number 246- 174 •
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.y=
12. The work shall conform to the following plans and special conditions:
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Plans:
Title
Hydrological Study prepared
for Alex MacPhail
Dated Signed and Stamped by: On File with:
October 7, 1987 Mark B. Darnold Almer Huntley
3pecial Conditions (Use additional paper if necessary)
L) All construction areas shall be restored to original 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, 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 control;
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) (if checked) Upon completion of the project, the Applicant shall submit a statement from the Project
Engineer that all work has been done in conformance with the provisions of the approved Order of
Conditions.
R YES ( ) NO
......................................................................:......... ...............................
(Leave Space Blank)
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DEOE File No. 246- 174
ecial Conditions (continued)
The Applicant shall notify the Conservation Commission, in writing, as to the date that work will be
commencing on the project. Said written notification must be received by the Commission no sooner than
ten (10) days and no later than seven (7) days prior to the commencement of the approved activity.
(if checked) The Applicant shall complete and execute the attached AT"TACHM= "A" /NOTICE OF POSSIBLE
WETLANDS RESTRICTIONS UNDER M.G.L. C. L31, 5.40 relative to Lot 6 of the subdivision plan
Said AT^`AM1 "A" shall be attached to, become a part of, and shall be filed with this Order Of
Conditions at the Registry of Deeds. The Applicant shall return a copy of the completed and notarized
ATTAC:HVT " A " to the Conservation Commission when the bottom portion of Page 5 -4A of this Order of
Conditions Of Conditions' is returned. F4 YES ( ) NO
10) One year following the completion of construction, the outfall of the drainage swale
shall be inspected to ensure that the work was done according to the submitted plans.
11) The applicant is encouraged to install two detention areas.
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i
Issued By Northampt:on ConsetvationCommisston
Y �Z
1 �
This Order must be signed by a majority of the Conservation Commission.
18th December 87
On thi day of 19 , before me
personally appeare Ralph Emrick , to me known to be Me
person described in and who executed the foregoing instrument and acknowledged that he /she executed
the same as his/her free sot and deed.
Lz�
Notary Public, `
NvT L IC
NAY G� ..r...__• `: _;.,'.,, 5
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 boated are hereby notified of their right to request the Department
of Environmentai Quality Engineering to issue a Superseding Order, providing the request is made by certified mad or hand delivery to
the Department within ten days Irom the date of Issuance of this Order. A copy of the request shall at the same time be sent by certified
mat or hand delivery to the Conservation Commission and the applicant.
Detach on dotted line and submit to the Northampton Cons e r i on .ommi s s i a for to commencement of work.
To Northampton Conservation Commission lasuW+gA+trKwity
Please be advised that the Order of Conditions for the project a Me adowcres t Farms
Fde Number 246- 174 has been recorded at the Registry of T.)epd s Ramp sh irp and
has been noted in the chain of title of the altected property in accordance with General Condition 8 on
ll recorded Land, the instrument number which identifies this transaction is
If registered Land, the document number which identifies this transaction is
Signature
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Applicant
f