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12C-001 54 north farms road conservationw 310 CMR: DEP -, . MENT OF ENVIRONMENTAL PR(w6CTION 10.99: continued DEP File No. 1 246- (To be provided by DEP) Form 2 Commonwealth of Massachusetts City /Town: mpton - _ ApplicantG Date Request Filed o5 9 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 Co min ssion Issuing Authority TO: (Name of person making request) (Name of property owner) Address B �a +� �5 �e ap FLO�e Address o r rm This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date) by certified mail, return receipt requested on cic a S i 471 (date) Pursuant to the authority of G.L. c. 131, §40, the N rthampton onsenmdon C'onunLqsio_n has considered your request for a Determination of Applicability and its supporting documentation, and has made the following determinatimp(eha & whichever is applicable): Location: Street Address gY No2 F - S Lot/Map and Parcel Id Number: MAe I-o-r- 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. 4/1/94 310 CMR - 401 401 310 CMR: DE%. ,,.TMENT OF ENVIRONMENTAL Ph,..,�ECTION 10.99: continued 3. ❑ 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: 1. ❑ 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 Northampton Conservation Commission Signature(s) 4 This Determination must be signed by a majority of the Conservation Commission. On this 209 day of orG �O L. _ 19 9 , before me personally appeared n k 7 05 c,l r i , to me known to be the person described in, and who executed, the foregoing instrument, and acknowledged that he /she executed the same as his/her free act and deed. Vvll�zwo My ommission Expires This Determination does not 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. 4/1/94 310 CMR - 402 402 r '� fry" • , 41111111-1 310 CMR 10.99 Form 1 - '' Commonwealth # of Massachusetts cc V ..* DEP File No. C _ 1 (to be Proviood by DEP) Cidy -town AlO E OA Applicanl E6TP K- � ix Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131 §40 1. I, the undersigned, hereby request that the Conservation Commission 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. (Use maps or plans, if necessary, to provide a description and the location of the area subject to this request.) Location: Street Address 8 ;L NoRia FAkM S I.0 Lot Number: rrG2C ;. 3. The work in said area is described below. (Use additional paper, if necessary, to describe the proposed work.) C ✓�,eik IDROVO '565 Sur'�S ( PI\AAP SySi��) - V. No P-O,)\D S ti L Flaice ' 'tu ti tL b - G: I ti STA LLZ- ►(?(2- W CL - T - 3 . -e��vs j� C 0 ,�r,� -J� w� ►►N i� �vp v�v� L �rc.� 50� Ls Avk� 4. The owners) of the area, if not the person making this request, has been given written notification of this request on (date) The names) and address(es) of the owner(s): 5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts Department of Environmental Protection c ? - /-s - 9 T (date) DE'P Northeast Regional Office DEP Southeast Regional Office 5 Commonwealth Avenue Lakeville Hospital Woburn, MA 01801 Route 105 ' - Lakeville, MA 0234'7 DEP Central Regional Office 75 Grove Street DEP Western Regional Office Worcester, MA 01605 State House West, 4th Floor 436 Dwight Street Springfield, MA 01103 6. 1 understand that notification of this request will be placed in a local newspaper at my expense in accor- dance with Section 10.05(3) (b) 1 of the regulations by the Conservation Commission and that I will be billed accordingly. , Signatur �~ Name era Address /[/ TN � ,e. AV.S 7 1U22Tl fJ' A ffel. Form 5 Commonwealth of Massachusetts J: / C- oaf ../ DECE File No. 12 145 1 (To be provided by DEQE) City /Town Northampton Applicant McCoy Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 Fro the Northampton Conservation Commission To Patrick J. McCoy same (Name of Applicant) (Name of property owner) Address 84 N. Farms Rd., Northampton, MA Address This Order is issued and delivered as follows: ❑ by hand delivery to applicant or representative on (date) ® by certified mail, return receipt requested on January 31, 1C)86 (date) The property is recorded at the Registry of Deeds, Hampshire County Boo 2458 _ Page 342 Certificate (if registered) The Notice of Intent for this project was filed on .Tan„ a rg 1 1 198 6- (date) The public hearing was closed on Jan„arW 97 1 QRA (date) Findings The Nnrthamnp nD ('nerti pa rnmmissi nn 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 ® Storm damage prevention ❑ Private water supply ❑ Prevention of pollution ❑ Groundwater supply ❑ Land containing shellfish 0 Flood control ❑ Fisheries 5 -1 %ftwo- 1"100 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 Cnn s P rva ' on Cnmmissinn 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 -Al 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 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 de- bris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vthicles 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 r.0 n issic n 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 2 - 34 b 5 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 N%00- Plans: Title Dated Signed and Stamped by: Sketch of Side V iew & Pla View submitted with Abbreviated Noti e of n ent On He with: Northampton Conser Commission and DEQE Regional Offi 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 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) The fill may be levelled on the existing non — wetland portion of the site, as shown on the submitted plans; 8) All asphalt and unclean fill shall be removed from the site prior to levelling off of the fill; ...................................................................................................................................................... ............................... (Leave Space Blank) 5 -3A . ../ ORDER OF CONDITIONS (continued) Patrick J. McCoy File # 246 -245 Special Conditions (cont.) 9) The pitch of the existing slope of the bank down to the wetland area shall not be changed; 10) All disturbed areas shall be seeded with a conservation mix sufficient to prevent erosion and sediments from reaching the wetland area; 11) The large willow tree to the north of the pond may be cut down; 12) A new Notice of Intent (with plans) must be filed and a new Order of Conditions must be granted before the pond may be filled in. 5 -38 '%P-' ., Issued Northampton Conservation Commission Signature(s) This Order must be signed by a majority of the Conservation Commission. On th Z 7 day of — � Ji'v - 19 , before me Personally appeare '�/ --z, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he /she executed the same as his//h r free act and deed. /— Notary Public �&i N5 r� N -S- T vX ( 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 mad or hand delivery to the Conservation Commission and the applicant. Detach on dotted line and submit to the Northampton Conservation Commissior commencement ofwork. .......................... . ............................................ . . ............ » .................................................. . ............................................... . ....................... 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 title of the affected property in accordance with General Condition 8 on . 19 If recorded land, the instrument number which identifies this transaction I If registered land, the document number which identifies this transaction Signature Applicant 5 -4A f Issued By Northampton Conservation Commission Signatures) This Order must be signed by a majority of the Conservation Commission. On th Z 7 day of personally appear _ �ct„z� _ _ _ 9 , before me Person described in and who executed the foregoing instrument and acknowledged that he /she executed the same as his /h r free act and deed Notary Public My commission expires The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land upon be done or any ten residents of the city or town in which such tend is located are hereby notified of their wh ht to� Proposed work is to of Environmental Quality Engineering to issue a Superseding Order, providin the r request the wrk is Department the Department within ten days from the date. of g request is made by certified mail or hand delivery to mail or hand delivery to the Conservation Commtssi�ndo Order. A copy of the request shell at the same time be sent by certified applicant. i Detach on dotted line and submit to the Northam ton Conservation C ommi s s iorprior to commencement of work. To ................................................................... ............................. ............................... Please be advised that the Order of Conditions for the proiect a File Number has been recorded at the Registry of Authority and has been noted In the chain of title of the affected property in accordance with General Condition 8 on If recorded land, the instrument number which identifies this transaction is . 19 If registered land, the document number which identifies this transaction is Signature_ 5 -4A -- Appticant Form 4 DEGE F" No. 246- 1 (To be provided by DEGE) [01, I M 1141 elk 0163 Applicant Abbreviated Notice of Intent Massachusetts Wetlands Protection Act, G.L. c. 131, §40 To be used only for projects of minimum impact, as described In the General Instructions for Completing the Notice of Intent. 1. Location: Street Addre /L o 2Tfi� 'G Lot Number ZZ 2. Project: ,L a c ..►►, Descriptio 40 ; E s i cS1 ro g� c 3. Registry: County Hampshire Current Boo -& Page Certificate (If Registered Land) 4. Applicant: Yf1 T/ i C-/i Co ti Tel. S 5. Property Owner: �Sa_ t Tel. Address: 6.. Representative: Tel. Address 7. Have the Conservation Commission and 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 Ar No • C 8. Have all obtainable permits, variances and approvals required by local by -taw been obtained or applied for? Yes K No D Obtained: Applied For: Not Applied For: /n 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 O No JO 10. List ap plans and supporting documents submitted with this Notice of Intent. Identifying Number /Letter Title/Date 4 -1 ..►►' 1 1. For work proposed within the Buffer Zone (as defined in part 1. Sections 10 -02(2) and 10.04 of the reg- Wations) describe, with reference to supporting plans and calculations where necessary: (a) The size, shape, type and location of the proposed work. .rj Pz L) F, Z o O a Gifu - �1112t5,5 , (b) Mitigating rneasures.and designs to insure that the proposed work will not after the resource area which said Buffer Zone borders; or if it wilt alter said resource area, the mitigating measures and designs proposed to meet the performance standard established for that resource area in Part If or Part III of these regulations. 12. For work proposed within Land Subject to Flooding (as defined in Part III, Section 10.57(2) of the reg- ulations) describe, with reference to supporting plans and calculations where necessary: (a) The size, shape, type and location of the proposed work. (b) Mitigating measures and designs prc Section 10.57(4) of the regulations. meet rformance standards set forth in Part 111, 1 hereby certify under the pains and penalties of perjury that tha foregoing Notice of Intent and accompanyin Plans, documents and supporting data are true and complete, to the best of my knowledge, Signature of AppC t C� Signature of Applicant's Representative 4.2 Date Date i 5� Its 7 ti f� 0 I f i •../ 2 x o } Q C Z �V 7 i � V a z 1 o I d � �r � 4 a I f i •../ 2 x o } Q C Z �V 7 i � V 613 1 -M 3AO89 9N;6dS Cj W 5 V ee o 1 /o 1` ov toz / 1 11 4-1-2 0902 • VI-A oziz �� i �� ,�; �/ `.ITY � Z r 2 % I �� O Q N N �O 11i�. f Y O O J d \ a� NI O \ r cz \ i 1� X1: • .� / VI Wit` v 6/ i 6� �b ea N 1- Z O� y ao \ • P \ p0 O N / O N 1 V N N � in IL in OD I J c' N P s' •. r a ■ ■ � E J P ■ N I 'V i t• NNW o�