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12-001 North Farms Road wetlands310 CMR: DEPARTMEN ' OF ENVIRONMENTAL PROTECTIWI 10.99: continued Form 2 DEP File No. 246- (To be provided by DEP) City /Town: - Nbxhampt Applicant ('nAa j ite( d Commonwealth of Massachusetts Date Request Filed 04/06/98 Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, § 40 THE CITY OF NORTHAMPTON'S WETLAND PROTECTION ORDINANCE, c.24 FROM: Northampton Conservation Commission i ssuing Authority TO: Roy J. Giangregorio ___ (Name of person making request) 31 Rustlewood Ridge, Northampton Address Address This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date) 15 by certified mail, return receipt requested on May 15, 1998 (date) Pursuant to the authority of G.L. c. 131, §40, the Northampton Conservation Commission has considered your request for a Determination of Applicability and its supporting documentation, and has made the following determinatimKoheekwhichever is applicable): Location: Street Address 18 North Farms R oad Lot/Map and Parcel Id Number: Map 12, Parcel 1 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. Elizabeth Olbris (Name of property owner) 186 North Farms Road, Florence, MA 01062 4/1/94 310 CMR - 401 401 310 CMR: DEPARTA.,tTT OF ENVIRONMENTAL PROTE(..)N 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: I • ❑ The area described in your request is not an Area Subject to Protection Under the Act. ❑ 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. 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) This Determination must be signed by a majority of the Conservation Commission. On this this 11th day of May 19 98 , before me personally C. Mason Maronn appeared executed, to me known to be the person described in, and who the foregoing instrument, and acknowledged that he /she executed the same as his/her free act d deed. "hN Ncw,y Public My Comm. Expires Dec. 27, 20 Notary Public My Commission Expires This Deterrnination 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 Detemmination 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 - 402 402 310 CMR: DEPAR LAMENT OF ENVIRONMENTAL PROTL—,�TION 10.92:_Eorms -- DEP File No. F246 - (To be provided by DEP) Form 1 City/Town Northampton Applicant Commonwealth of Massachusetts Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, § 40 THE CITY OF NORTHAMPTON'S WETLAND PROTECTION ORDINANCE, c.24 1. I, the undersigned, hereby request that the Northampton 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. (Include maps or plans, if necessary, to provide a description and the location of the area subject to this request.) Location: Street Address 10�a�► -,s-� �COC Northampton Assessor's: Lot Number: 8 Man # 12.-- Parcel # 3. The work in said area is described below. (Use additional paper, if necessary, to describe the proposed work.) E'F -L11 v nTx o NJ ff G P— F00 T t IvG S A3 N 10 IV 4 t G, - 7o COPsT&VC A Two C-AA- G 641}0 tT . 4/1/94 310 CMR - 399 310 CMR: DEPAt%.wviENT OF ENVIRONMENTAL PRO ....CTION 10.99: continued 4. The owner(s) of the area, if not the person making this request, has been given written notification of this request on A Ax- N 27 ( 9 q P> (date) The name(s) and address(es) of the owner(s): EL�YZA&E"r+k ' 0f - 19R1S t 8(o W P- " FA R• S Pao A p FLA PZNC.F t M 1 o LO 6 2- 5. I have filed a complete copy of this request with the Western Regional offirpe of Massachusetts Department of Environmental Protection n l i ZA 11.1 FO o N 6 `R8 (date) at: DEP Western Regional Office State House West, 4th Floor 436 Dwight Street Springfield, MA 01103 6. I understand that notification of this request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the regulations. Under the City of Northampton's Wetland Protection Ordinance: I have filed nine (9) copies of the complete filing and included the filing fee of $ 20.00 (to cover advertising costs) with the Northampton Conservation Commission. Yes No 7. In filing this application, I and the owner (if not the applicant) grant permission for the Cons 7 o 'on to inspect my property prior to the Public Meeting. Applicant: , Signature Name S Gif7N610- C60lek 0 Address 31 KQ SrLE P Tel.# y 1 SI- - 0 6 - 7 748 NoIZT't4I�M �N, KtP� Owner: Signatur ame E Z Z vi A e`t 0 Z.&I Address el. # �ZE I 4/1/94 310 CMR - 400 400 Doc, 992' "90 OR /6413/0213 12/21/200108;59 Massachusetts'9?epartment of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City of Northampton Wetlands Protection Ordinance, Chapter 24 A. Project Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. DEP File Number: 94R-41 n rroviaea oy ucr 1. This Certificate of Compliance is issued to: Jim & Nancy Viola Name 208 North Farms Road Mailing Address Northampton MA 01060 City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Kevin W. Heafev Name September 26, 1997 246 -410 Dated DEP File Number 3. The project site is located at: North Farms Road Northampton Street Address City/Town 12 1 Assessors Map /Plat Number Parcel /Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Elizabeth J. Olbris Property Owner (if different) Hampshire 5264 71 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: November 21, 2001 Date B. Certification Check all that apply: ❑ Complete Certification: It is hereby certified that the work regulated by the above - referenced Order of Conditions has been satisfactorily completed. ® Partial Certification: It is hereby certified that only the following portions of work regulated by the above - referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: All work on Lot 4, including driveway, stone drainage swale, site grading, house construction, septic system, and site stabilization has been completed. WPA Form 8B Page 1 of 3 Rev. 02/00 P"- 992134550 OR /6473/0214 12/21/2001 L,.) Massachusetts*epartment of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eta City of Northampton Wetlands Protection Ordinance, Chapter 24 B. Certification (cont.) DEP File Number: 246 -410 Provided by DEP ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above - referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: WPA Form 8B Rev. 02100 C. Authorization Issued by: Northampton Conservation Commission November 29, 2001 Conservation Commission Date of Issuance Date sent to DEP Regional Office: December 4. 2001 On Twentv -ninth Day before me personally appeared the above -named Mason Maronn Of November , 2001 Month and Year to me known to be the persons described in and who executed the foregoing instru acknowledged that they executed the same as their free act nd d ed. r 4 9 0 Notary Pubi My com ssion expires •�►''��i N S. C. ♦ : 2' e. �rlY P P 11of3 ��4Yr•uuNNH This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See Appendix A). Doc, 992134550 OR /6413/0215 12/21/.,,, 08,59 Massachusetts of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 246 -410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP City of Northampton Wetlands Protection Ordinance, Chapter 24 D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Northampton Conservation Commission Conservation Commission Please be advised that the Certificate of Compliance for the project at: North Farms Road Project Location 246 -410 DEP File Number Has been recorded at the Registry of Deeds of: Hampshire County for: Jim & Nancv Viola Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant r��It �f nm REGIS WPA Form 86 a �� • � 1.. DONOW �" Page 3 of 3 Rev. 02100 ..rr/ CHARLES H. DAUCHY, Environmental Consultant 24 Old Long Plain Rd. RFD #3, Amherst, MA 01 Phone (413) 548 -8005, Fax 548 -9987 Northampton Conservation Commission City Hall 210 Main Street Northampton, MA 01060 Re: Dear Commissioners: D ober 25, 2001 OCT 2 6 20Q1 N °RT 1AMPl PIANNIN- A 01060 Request for Partial Certificate of Compliance DEP File #246 -410 North Farms Road, Northampton, Work on Lot 4 On behalf of Roy J. Giangregorio of Contemporary Country Builders, and Jim and Nancy Viola, owners of Lot 4, at 208 North Farms Road, I request issuance of a Partial Certificate of Compliance for the subject project, for completion of all required work on Lot 4. The site is completely revegetated and the drainage swale to the rear of the house is constructed and functioning as intended. Any remnant sediment barriers may be removed. I trust this information will permit you to issue a Partial Certificate of Compliance for all work on Lot 4. Please mail the certificate to the Viola's, and a copy to Roy Giangregorio at the addresses below. Thank you for your consideration. Please call if you have further questions or wish to arrange a site review. Sincerely, eeschy encl. DEP Form 8A, Request for Certificate of Compliance cc: DEP, Western Regional Office. Roy Giangregorio, 949 Ryan Road, Northampton, MA 01062 Jim and Nancy Viola, 208 North Farms Road, Northampton, MA 01060 l' ® the following portions of the work regulated by the above - referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). All work on Lot 4, including driveway, stone drainage swale, site grading, house construction, septic system, and site stabilization has been completed. See accompanying letter from Charles H. Dauchy Environmental Consultant. A partial Certificate of Compliance is requested for all work on Lot 4 ❑ the above - referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. WPA Form 8A Rev. 02/00 Page 1 of 2 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 246 -410 WPA Form 8A — Request for Certificate of Compliance q p� Provided by DEP ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Project Information Important: When filling out 1. This request is being made by: forms on the Jim & Nancy Viola computer, use only the tab Name key to move 208 North Farms Road your cursor - Mailing Address do not use the Northampton MA 01060 return key. City/Town State zip Code " �I Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: Kevin W. Heafey Applicant September 26, 1997 246 -410 Dated DEP File Number Upon completion of the work 3. The project site is located at: authorized in an Order of North Farms Road Northa p Conditions, the Street Address Cityrrown property owner Map 12 Parcel 1 (original overall property for NOI) must request a Assessors Map /Plat Number Parcel /Lot Number Certificate of Compliance 4. The final Order of Conditions was recorded at the Reg of Deeds for: 9 rY from the issuing Elizabeth J. Olbris authority stating that the work or Property Owner (if different) portion of the Hampshire 5264 71 work has been County Book Page satisfactorily NA completed. Certificate (if registered land) 5. This request is for certification that (check one): ❑ the work regulated by the above - referenced Order of Conditions has been satisfactorily completed. ® the following portions of the work regulated by the above - referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). All work on Lot 4, including driveway, stone drainage swale, site grading, house construction, septic system, and site stabilization has been completed. See accompanying letter from Charles H. Dauchy Environmental Consultant. A partial Certificate of Compliance is requested for all work on Lot 4 ❑ the above - referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. WPA Form 8A Rev. 02/00 Page 1 of 2 1 - Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 246 -410 WPA Form 8A — Request for Certificate of Compliance Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ❑ Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. 1 • B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see Appendix A). WPA Form BA Rev. 02/00 Page 2 of 2 N Doc; 992101361 OR /6110/0126 01/23/200114;34 MassachusetM Department of Environmental Protection Y Bureau of Resource Protection - Wetlands m WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 r 5' City of Northampton Wetlands Protection Ordinance, Chapter 24 A. Project Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. r� 1. This Certificate of Compliance is issued to: Albert and Sarah Dekin DEP File Number: 9AR -d1 fl F iwwcu uy U"r Name 240 North Farms Road Mailing Address Northampton MA 01060 City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Elizabeth J. Olbris, et al. /Kevin W. Heafey Name Dated mber 26. 1997 3. The project site is located at: 240 North Farms Road 246 -410 DEP File Number N Assessors Map /Plat Number Parcel /Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Elizabeth J. Olbris, et al. Property Owner (if different) Hampshire 5264 71 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: December, 2000 Date B. Certification Check all that apply: ❑ Complete Certification: It is hereby certified that the work regulated by the above - referenced Order of Conditions has been satisfactorily completed. ® Partial Certification: It is hereby certified that only the following portions of work regulated by the above - referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: All work required on Lot 9 (Plan Book 183, Page 36) WPA Form 8B Rev. 02/00 Page 1 of 3 Doc: 992101361 OR /6110/0121 01/23/200114:34,6 Massachuse Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 246 -410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP City of Northampton Wetlands Protection Ordinance, Chapter 24 B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above - referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Northampton Conservation Commission December 26, 2000 Conservation Commission Signature On the 11th Date of Issuance Of December, 2000 Day Month and Year before me personally appeared Mason Maronn 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. Notary Pubic May 31, 2007 My commission expires WPA Form BB Page 2 of 3 Rev. 02/00 This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See Appendix A). Doc : 992101361 OR /6110/0128 01/23/200114:34 Massachuse* Department of Environmental Protection i F p'• Bureau of Resource Protection - Wetlands WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City of Northampton Wetlands Protection Ordinance, Chapter 24 DEP File Number: ')nC_nln D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Northampton Conservation Commission Conservation Commission Please be advised that the Certificate of Compliance for the project at: 240 North Farms Road 246 -410 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Albert and Sarah Dekin Property Owner and has been noted in the chain of title of the affected property on: Date Book If recorded land, the instrument number which identifies this transaction is: If regNsered lar%ble document number which identifies this transaction is: Page Document Number Signature of Applicant WPA Form 8B Y t 2W 6 RWiN TU Rev. 02/00 O�,�1jN L • DrONOEUL� Page 3 of 3 N"W E Doc; 992104733 OR /6145/0096 03/14/200114;41 Date: February 16, 2001 Scrivener's Affidavit Re: DEP File #246 -410 Applicant: Albert & Sarah Dekin Work performed at 240 North Farms Road I, Laura Krutzler, Board Secretary, hereby certify that the Northampton Conservation Commission voted unanimously 5:0 on December 11, 2000 to issue an Certificate of Compliance to Elizabeth J. Olbris, et ald Kevin W. Heafey (DEP File # 246 -410) for property located at 240 North Farms Road. And I hereby certify that, due to a clerical error, the date that the Certificate of Compliance was sent to Department of Environmental Protection was inadvertently left out. The correct date that the Certificate of Compliance was sent to the Department of Environmental Protection was December 26, 2000. And I hereby request that this Scrivener's Affidavit be attached to the original Certificate of Compliance to correct this scrivener's error. Laura Krutzler Board Secretary &MST: IMSH.IRE, �dae�x REGZSTIM R ANNE L. D NOHUE r..e PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON CitN Hall - 2i o Main Street, Room ii - Nortbampton, MA of o - 3 1 9 8 - 4 1 3)587 -12 66 - E=587-1264 Wgme Feidem, Director • emaiLp [am ming @citv9 morthampton.mams • internet :wwwnorthamptonp [an ning.org Albert and Sarah Dekin 240 North Farms Road Northampton, MA 01060 Re: Certificate of Compliance DEP #: 246 -410 240 North Farms Road Dear Mr. and Mrs. Dekin: Enclosed please find a revised face page for the Certificate of Compliance issued by the Northampton Conservation Commission on December 26, 2000. This document has been amended to add the lot number of the property and a reference to the Plan Book where it is recorded. Please substitute this revised page for the first page of the document mailed to you on December 26, 2000. Since the original document has not yet been recorded at the Registry of Deeds, we will substitute this corrected page before recording it. The Planning Department does record all Conservation Commission permits, but if for any reason you need to make sure the certificate is recorded by a certain date, you might want to make arrangements to pick up the original from the planning office and record it yourself. Please call if you have any questions. I will also send this revised page to your attorney and the Department of Environmental Protection. Sincerely, Laura Krutzler, Board Secretary Northampton Conservation Commission Enclosure cc: Brad A. Shimmel, Esq., Wilhelm, Shimel & King, 74 King Street, Northampton, MA 01060; Department of Environmental Protection, 436 Dwight Street, Springfield, MA 01103, planning board • conservation commission • zoning board of appeals • housing partnership • redevelopment authoritvq • nortyampton GIS economic deve top mepit • commumitydevetopmemt • historic district commission • historicaIcommission - centraIbusinessarchitecture original printed on recycled paper `d '"/', Massachusetts Department of Environmental Protection nZ Bureau of Resource Protection - Wetlands DEP File Number: w WPA Form 8B — Certificate of Compliance 246 -410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP City of Northampton Wetlands Protection Ordinance, Chapter 24 A. Project Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. tab reran This Certificate of Compliance is issued to: Albert and Sarah Dekin Name 240 North Farms Road Mailing Address Northampton MA 01060 City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Elizabeth J. Olbris, et al. /Kevin W. Name September 26, 1997 Dated 3. The project site is located at: 246 -410 DEP File Number 240 North Farms Road Northampton Street Address City/Town Map 12 35/001 Assessors Map /Plat Number Parcel /Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Elizabeth J. Olbris, et al. Property Owner (if different) Hampshire 5264 71 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: December, 2000 Date B. Certification Check all that apply: ❑ Complete Certification: It is hereby certified that the work regulated by the above - referenced Order of Conditions has been satisfactorily completed. ® Partial Certification: It is hereby certified that only the following portions of work regulated by the above - referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: All work required on Lot 9 (Plan Book 183, Page 36) WPA Form 8B Page 1 of 3 Rev. 02/00 Giangregorio TEL :413- 586 -3377 Jan 02,01 12:03 No.001 P.01 Massachusetts Department of Environmental Protection _. Bureau of Resource Protection - Wetlands DEP File Numbvi: '. WPA Form 8B — Certificate of Compliance 246 -410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by D E-P :. �. City of Northampton Wetlands Protection Ordinance, Chapter 24 A. Project Information Important: When filling out 1 • This Certificate of Compliance is issued to: forms on the Albert and Sarah Dekin computer, use - -- - -- - -- — - -- — - -... Name only the tab key to move 2_40 No Farms Road your cursor - Mailing Address do not use the Northampton _ - _._ MA 01060 return key. Cityfl own state Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Elizabeth J. Olbris, et al. /Kevin W. Heafey Name feh September 26, 1997 246 -410 Dated DEP File Number 3. The project site is located at: 24 North Farms Road Northampton Street Address wn Map 12. - - -... Zl uo�t01 Assessors Map /Plat Number Number the final Order of Condition was recordcd at the Registry of Deeds for: Elizabeth J. Olbris, et al. Property Owner (if different) Hampshire _ 5264 71 County Book I'agc Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on; December, 2000 Date B. Certification Check all that apply: ❑ Complete Certification: It is hereby certified that the work regulated by the above - referenced Order of Conditions has been satisfactorily completed. ® Partial Certification: It is hereby certified that only the following portions of work regulated by the above- referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: All wor required on Lot 9 Ply. go, k / $3. I �A �-E 3 6 WPA 1 orm 8B Rov. ON00 Giangregorio TEL:413 -586 -3377 Jan 02,01 12:03 No.001 P.02 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands r >Fr- rfic: Numlx,: WPA Form 8B -- Certificate of Compliance 246 -410 l Massachusetts Wetlands Protection Act M.G.L. c. 131, §44 Provided by i'i I' City of Northampton Wetlands Protection Ordinance, Chapter 24 D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Northampton Conservation Commission Conservatlon Commission Please be advised that the Certificate of Compliance for the project at: 24 0 North Farms Road 246 -410_ Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampshire County for: Albert and Sarah Dekin Properly Owner and has been noted in the chain of title of the affected property on: Date Book Page e If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which Identifies this transaction is: Document Number Signature of Applicant W V VA I orm Ob Rev. 02100 Giangregorio TEL:413- 586 -3377 Jan 02,01 12:03 No.001 P.03 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands tx -t I ao " " "'' "' l f WPA Form 8B -- Certificate of Compliance 246 -410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DU City of Northampton Wetlands Protection Ordinance, Chapter 24 B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above - referenced Order of Conditions never commenced_ The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the F=inal Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Northampton Conservation Commission Uecemb CDate , . 000 Conservation Commission of I suance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See Appendix A). Signature i2 / On th • 11 th Day -._ .._.._ . - -- before me pe y appeared Mason Maronn Of Deccnnber., 2000 Month and Year 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 frcc act and deed. May 31, 2007 Notary Pubic My commission expires WI'n V onn EM Gage ` 03 Rev. 02/00 B. Certification Check all that apply: ❑ Complete Certification: It is hereby certified that the work regulated by the above - referenced Order of Conditions has been satisfactorily completed. ® Partial Certification: It is hereby certified that only the following portions of work regulated by the above - referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: All work reauired on Lot 9 WPA Form 8B Page 1 of 3 Rev. 02/00 Massachusetts Department of Environmental Protection Bureau of Resource Protection = Wetlands DEP File Number: w. WPA Form 8B — Certificate of Compliance 246 -410 w, Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP City of Northampton Wetlands Protection Ordinance, Chapter 24 A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Albert and Sarah Dekin computer, use Name only the tab key to move 240 North Farms Road your cursor - Mailing Address do not use the Northampton MA 01060 return key. Cityfrown State Zip Code t� 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Elizabeth J. Olbris, et al. /Kevin W. Heafey Name September 26, 1997 246 -410 Dated DEP File Number 3. The project site is located at: 240 North Farms Road Northampton Street Address Cityfrown Map 12 35 Assessors Map /Plat Number Parcel /Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Elizabeth J. Olbris, et al. Property Owner (if different) Hampshire 5264 71 County Book Page Certificate 4 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: December, 2000 Date B. Certification Check all that apply: ❑ Complete Certification: It is hereby certified that the work regulated by the above - referenced Order of Conditions has been satisfactorily completed. ® Partial Certification: It is hereby certified that only the following portions of work regulated by the above - referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: All work reauired on Lot 9 WPA Form 8B Page 1 of 3 Rev. 02/00 `%we `./ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 246 -410 `± Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP City of Northampton Wetlands Protection Ordinance, Chapter 24 B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above - referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Northampton Conse rvation Commission Conservation Commission. Signatures On the 11th December 26, 2000 Date of Issuance Of December, 2000 Day Month and Year before me personally appeared Mason Maronn 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. Notary Pubic May 31, 2007 My commission expires WPA Form 8B Page 2 of 3 Rev. 02/00 This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See Appendix A). **awl 1"001 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 246 -410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP e City of Northampton Wetlands Protection Ordinance, Chapter 24 D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Northampton Conservation Commission Conservation Commission Please be advised that the Certificate of Compliance for the project at: 240 North Farms Road 246 -410 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampshire County for: Albert and Sarah Dekin Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant WPA Form 8B Rev. 02/00 Page 3 of 3 1 CHARLES H. DAUCHY, Environmental Consultant 24 Old Long Plain Rd. RFD #3, Amherst, MA 01002 Phone (413) 548 -8005, Fax 548 -9987 Northampton Conservation Commission City Hall 210 Main Street Northampton, MA 01060 Re: Dear Commissioners: November 17, 2000 f Request for Partial Certificate of Compliance DEP File 4246 -410 North Farms Road, Northampton, Work on Lot 9 On behalf of Roy J. Giangregorio, builder, and Albert and Sarah Dekin, owners of Lot 9, I request issuance of a Partial Certificate of Compliance for the subject project, for completion of all required work on Lot 9. Work has been completed in substantial compliance with the plans and order of conditions. The wetland replacement area is well established with nearly 100% of the vegetative community consisting of indigenous wetland species, far exceeding the state criteria of 75 %. Observations over the last two seasons show there to be effective wetland hydrology as intended, created by cutting into the slope and intercepting early season groundwater seepage. The dominant species in the replacement area is Red Top ( Agrostis alba, FACW) which was used by the contractor as an erosion control cover with a "WetMix" seeding over transplanted wetland soils and ground cover. The wetland being replaced had no woody vegetation and little ground cover due to past use as a logging access. A variety of other wet meadow species are also present and can be expected to increase in proportion over time to balance the Agrostis. Eventually, wetland shrub and tree seedlings will invade the area. I trust this information will permit you to issue a Partial Certificate of Compliance for all work on Lot 9. Please mail the certificate to the Dekins attorney, Andrew Siegel, and a copy to Roy Giangregorio at the addresses below. Thank you for your consideration. Please call if you have further questions or wish to arrange a site review. Sincerely, O arlesH. D chy encl. DEP Form 8A, Request for Certificate of Compliance cc: DEP, Western Regional Office. Roy Giangregorio, 31 Rustlewood Ridge, Northampton, MA 01060 ` Albert & Sarah Dekin, 240 North Farms Road, Northampton, MA 01060 Attorney Andrew Siegel, 40 Center Street, Northampton, MA 01060 ��" �l Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the retur. n key. ILA Upon completion of the work authorized in an Order of Conditions, the property owner must request a Certificate of Compliance from the issuing authority stating that the work or portion of the work has been satisfactorily completed. Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 246 -410 WPA Form 8A — Request for Certificate of Compliance Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Project Information This request is being made by: Albert A. and Sarah G. Dekin (current ow ners of lot 9) Name 240 North Farms Road Mailing Address Northampton MA 01060 City/Town State Zip Code Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: Kevin W. Heafey Applicant September 26, 1997 246 -410 Dated DEP File Number 3. The project site is located at: North Farms Road Northampton Street Address City/Town Map 12 Parcel 1 (original overall property for NOI) Assessors Map /Plat Number Parcel /Lot Number 4. The final Order of Conditions was recorded at the Registry of Deeds for: Elizabeth J. Olbris Property Owner (if different) Hampshire 5264 71 County Book Page NA Certificate (if registered land) 5. This request is for certification that (check one): ❑ the work regulated by the above - referenced Order of Conditions has been satisfactorily completed. ® the following portions of the work regulated by the above - referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). All work on Lot 9, including access driveway, wetland replacement, site grading, house construction, and site stabilization. See accompanying letter from Charles H. Dauchy, Environmental Consult ❑ the above - referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. WPA Form 8A Rev. 02/00 Page 1 of 2 c � i NNW ► .r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8A — Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 246 -410 rroviaeu oy urr A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ❑ Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. ►OI • B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see Appendix A). WPA Farm 8A Page 2 of 2 Rev. 02/00 Doc: 910028643 OR /5264/001 12/11/199115:18 310CMR 10.99 Form 5 Commonwealth of Massachusetts DEP File No. 246 -410 I I (To be provided by DEP) City/Town Northampton Applicant Kevin W.Heafev Map # 12 Parcel #1 Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 and the Northampton Wetlands Protection Ordinance From Northampton Conservation Commission Issuing Authority To: Elizabeth J. Olbris, et al. Name of property owner •• This Order is issued and delivered as follows: Kevin W. Heafey Name of Applicant We M108M. Me, raw-20; [X ] by hand delivery to applicant or representative on September 26, 1997. [ ] by certified mail, return receipt requested on _ _ —__. . (date) This project is located in Northampton at 186 North Farms Road. The property is recorded at the Registry of Hampshire County Book 2301; 4707 Page 2877 133 Certificate (if registered) _N /A The Notice of Intent for this project was filed on July 2, 1997. The public hearing was closed on August 11, 1997, Findings: 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): [ ] Public water supply [X] Flood Control [ ] Land containing shellfish [ ] Private water supply [X] Storm damage prevention [ ] Fisheries [ ] Ground water supply [X] Prevention of pollution [ ] Protection of Wildlife Habitat Total Filing Fee Submitted $665.00 + 35.00 (City fee) = $700.00 State Share $320.00 City Share $380.00 (1/2 fee in excess of $25) Total Refund Due $ City Portion $ State Portion $ (1/2 total) (1/2 total) page 5 -1 (memorex \wp \conscom \order.cc) �r, 970028643 OR 15264/0072 12/17/19971 -. 4 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 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. page 5 -2 (memorex \wp \conscom \order.cc) Doc; 970028643 OR /5264/0073 12/17/1997 1 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 -410 ". 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: " General Site Plan for Land on Rustlewood 02/24/97 Rev. 04/07/97 Ridge & North Farms Road, Northampton, Rev. 04/17/97 Rev. 07/01/97 Massa chusetts for Kevin W. Heafey et als.." Prepared by Charles H. Dauchy. All Plans on File with Northampton Conservation Commission Special Conditions: 13. The applicant shall notify the Commission, in writing, as to the date that the work will be commencing 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; 14. No area within the 100 year floodplain, any wetland, or area within 100 feet of a wetland or 40 feet of a 100 year floodplain, as defined in 310 CMR 10, and City of Northampton Ordinances - Chapter 24, shall be permissible disposal sites, unless such areas are specifically approved by the Commission; 15. Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; 16. Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas, and shall be implemented prior to any construction. Sedimentation and erosion control devices shall be placed according to standards set in U.S.D.A. Soil Conservation Service, "Guidelines for Soil and Water Conservation in Urbanized Areas of Massachusetts ". Placement of sedimentation and erosion control shall be directed at the site by the project engineer in order to accomplish maximum control of erosion to ensure that no eroded materials will enter wetland resource areas. Hay bales must be staked. Silt fencing must be installed in a dug trench with sufficient porosity to allow detained water to pass through while trapping suspended sediments; page 5 -3 (memorex \wp \conscom \order.cc) 970028643 OR /5264/0074 12/17/19:1 17. Areas of construction shall remain in a stable condition at the close of each construction day. Erosion controls shall be inspected at this time, and maintained or reinforced to meet specifications in the plans and this order; 18. All construction areas shall be restored to original condition or better upon completion of the project, including replanting of vegetation; 19. The Commission and its agents shall have the right to enter and inspect the property at any time 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. 20. This Order of Conditions shall apply to any successor in interest or successor in control; 21. 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. 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 occuring on site. A copy of the Notice of Intent, all plans and Order must always be on -site and in all excavating machinery when work is being performed; 22. All required permits must be obtained from the Army Corp of Engineers (404, Water Quality Certification),Planning Board, Zoning Board, Department of Public Works, and Building Inspector prior to the start of projects involving fill within any wetland resource area; 23. 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 action 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, which shall be submitted to and approved by the Conservation Commission, prior to recording: "This property is subject to the Northampton Wetlands Protection Ordinance and/or Wetlands ProtectionAct. 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. Any application for additional wetland resource area impact shall be viewed in the context of cumulative impacts as a result of this project." 24. 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 a Wetlands Consultant who shall have been approved by the Commission: 25. Any change or deviation from the Notice of Intent, plans and/or Order of Conditions page 5 -4 (memorex \wp \conscom \order.cc) Doc; 970028�AT'OR /5264/0015 12/17/199715;18 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 for the purpose of amending the Order or to issue a new Order, if a new Notice of Intent is required. 26. The wetland replacement area and permanent limit -of -work line on Lot 9 shall be staked out on the lot prior to the start of work and verified by a wetlands consultant, with notification to the Conservation Commission. 27. Areas of clearing shall be limited as shown on plan entitled, "Site Development Plan, Lots 4,5,6 & 9 For Land on North Farms Road, Northampton, MA For Kevin W. Heafey et als," Prepared by Charles H. Dauchy, Environmental Consultant and dated February 24, 1997, revised July 1, 1997 and August 1, 1997. No work shall extend beyond the limit -of -work line shown on this plan. 28. Prior to the start of any site work, excavation or construction on each lot, 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. 29. Prior to the pre - construction meeting, the boundaries of all wetland resource areas, limits of work, and grading boundaries, shall be identified by clearly m arked flagging and/or stakes, spaced at intervals not greater than 25 feet apart. Flagging used to identify wetland resource areas shall be a color different from any other flagging used on the site. 30. The name of the wetlands specialist shall be submitted to and approved by the Conservation Commission prior to the beginning of work. 31. All silt fencing and erosion control shall be installed prior to removal of stumps and shrubs within the right of way. 32. 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 prior to the issuance of a Building Permit. 33. Areas of construction shall remain in a stable condition at the close of each construction day. Erosion controls shall be inspected at this time,and any corrections must be made prior to leaving the site for the day. The erosion controls must be maintained or reinforced to meet specifications in the plans and requirements in this Order; page 5 -5 (memorex \wp \conscom \order.cc) �oc; 970028643 OR /5264/0076 12/17/19918 34. The contractor is as responsible as the applicant and property owner for any violations of the Order of Conditions and penalties under the law, while all activities regulated by this Order are being performed. 35. No equipment is to enter or cross a wetland resource area at any time, unless the location of entry or disturbance is clearly indicated on plans (driveways /sewer line) and within information approved with the issuance of this Order of Conditions. 36. All equipment shall be operated, parked, and maintained in such a manner that will prevent potential alteration of the wetland/resource area and buffer zone, except as approved within this Order of Conditions. 37. Prior to excavation of any wetland area, the wetland replication area(s) shall be excavated to the elevations indicated on the plans, and the applicant shall present the Conservation Commission with written certification by a wetland specialist, who is qualified in hydrology, that the proposed wetland replication area possesses the appropriate groundwater elevations and hydrologic connections. 38. Excavated wetland soils for use in the replication area shall be protected with plastic or canvas from erosion and drying out and shall be placed within the replication area as soon as possible following excavation. 39. A report of the success of re- vegetation activities shall be submitted to the Conservation Commission, by a qualified wetlands scientist on the following schedule: By - The end of the first growing season; and By - The end of the second growing season. 40. If more than 75% wetland vegetation has not been established in the replication and enhancement areas after two growing seasons (2 years), then additional plantings and/or changes to wetland replication plan shall be submitted to the Commission for consideration and approval. 41. Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways as per plan entitled, "Site Development Plan, Lots 4, 5, 6 & 9 For Land on North Farms Road, Northampton, MA For Kevin W. Heafey et Als," prepared by Charles H. Dauchy, Environmental Consultant and dated February 24, 1997, revised July 1, 1997 and August 1, 1997. 42. Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas, and shall be implemented prior to any construction as per the above -cited plan. page 5 -6 (memorex \wp \conscom \order.cc) Doc: 910028643 OR /5264/0011 12/11/1991 ; a 43. If soils are to remain disturbed for longer than 30 days, a temporary cover of tye or other grass shall be established, following U.S. NRCS procedures, to prevent erosion and sedimentation. 44. All temporary construction areas shall be restored to original condition or better upon completion of the project, including replanting of vegetation. 45. 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. 46. 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, cincluding brush cutting or clearing may require approval by the Northampton Conservation Commission. 47. The applicant shall be required to place deed restrictions on Lots 4, 5, 6 & 9 similar to the language submitted to and approved by the Commission in document entitled, "Draft Deed Restriction." (See Attachment A) 48. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are as follows: (None). *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** page 5 -7 (memorex \wp \conscom \order.cc) ATTA CBNENTMENT A DRAFT N ' e--1 DEED RESTRICTION ER To be applied to Lots 4, 5, 6, & 9 Any future "work" or "activity" as those terms are defined in 310 CMR 10.04, on land designated as "wetland" on the attached Exhibit A, titled "REGISTRY EXHIBIT, Lot _, �., North Farms Road, Northampton, MA ", dated , is prohibited, except for work g approved by the Northampton Conservation Commission in accordance with the Order Of Conditions issued under the MGL Ch. 131, s.40 and /or the Northampton Wetlands Protection Ordinance, file number 246 -410, dated , and any future repair or maintenance of facilities constructed under said Order, subject to approval of the Conservation Commission. Any future "work" or "activity" as those terms are defined in 310 CMR 10.04, on land between the "permanent work limit" and the "wetland" designated on the above referenced Registry Exhibit is prohibited, except as may be approved by the Northampton Conservation Commission in accordance with an Order of Conditions or Determination of Applicability issued under the MGL Ch. 131, s.40 and /or the Northampton Wetlands Protection Ordinance. Doc; 910028643 OR 5 264/0019 12/11/1991 15;18 Issued By Northampton Conservation Commission Signatures: NotaryPublic - My d6mmiesion 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 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. Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work. PLEASE NOTE - -THIS IS NOT REQUIRED IF THE COMMISSION HAS ALREADY RECORDED THE ORDER, AS IS THEIR USUAL PRACTICE, UNLESS LAND IS REGISTERED IN LAND COURT. _ -_.... ._._ To Northampton Conservation Commission Please be advised that the Order of Conditions for the project at File Number 246- has been recorded at the Registry of Hampshire County 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 MUM / �f�Nx .O ATTWI � L. DONOHUE Applicant page 5 -6 (memorex \wp \conscom \order.cc) This Order must be signed by a majority of the Conservation Commission. On this y"�� day of ti lei 199 before me personally appeared MC, 0 , to me known to be the , Vnr person described in and who executed the foregoing instrument and acknowledged that he /she executed the same as his /her free act and deed. `.r City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 FAX (413) 586 -3726 • Conservation Commission • Historical Commission • Housing Partnership • Parking Commission • Planning Board • Zoning Board of Appeals 1..00 M E M O R A N D U M To: From: Subject: Date: CC: Donald W. Miner Paulette L. Kuzdeba, AICP, Senior Planner Clarification of Procedures - Heafey Project, North Farms Road July 21, 1997 File Recently, you sent a request to clarify procedures for revising a plan approved by the Planning Board as part of a series of Flag Lot and Common Driveway Special Permits. First: The site plan as approved and cited in the Special Permits must be recorded at the Registry of Deeds, as a Form A plan. If you want to record a plan other than what was approved and cited in the permit, then the Special Permits must be revised, prior to recording (a two month process) the new plan. Second: If you record the plan, and then wish to revise the interior lot lines between the parcels (not create a new lot) then, another Form A plan could be filed. However, I must caution you about rearranging lot lines after construction has begun, because of the permit condition that only allows 10% or 20,000 sf of manicured lawn area per lot. If you move lines, you have the potential for creating non- conforming lots. Third: If you are contemplating creating one additional flag lot (as the shaded area appears to create) the Conservation Commission does not have to allow any further wetland crossings and/or alterations on the property, once the permit before them is approved and an Order of Conditions is issued. As with many permits requesting alteration, the Commission has begun placing a condition on the land stating that no further alteration may occur, or if it does, the total square footage of alteration must be considered cumulatively, as if the permit is before the Commission for the first time. ORIGINAL PRINTED ON RECYCLED PAPER `.►, Donald W. Miner Page 2 July 21, 1997 •.I I hope this information clears up any confusion there might have been or may be in the future, regarding the lot lines. As always, please do not hesitate to contact me with questions or clarifications. 04/23/97 11:58 0617 526 0607 Q002 ITT NEW ENGLAND DECLARATION OF RESTRICTIONS AND OF MAINTENANCE C VEN TS FOR THIS DECLARATION made this day of , 1997, by Kevin W. Heafey and Roy Giangregorio, both of Northampton, Hampshire County, Massachusetts, hereinafter referred to as the "DEVELOPER ", and their heirs, successors and assigns, who are the owners of the real estate herein involved. WHEREAS the Developer is desirous of creating an attractive residential community encouraging harmonious and pleasing homes, assuring a high quality of community appearance and providing and insuring the preservation of the values created in said community; and WHEREAS the Developer intends to establish a Homeowners Association for this project as a covenant which is to run with said real estate which shall be binding upon all persons or parties and persons claiming under said parties; and WHEREAS the Developer intends, in furtherance of a plan for the improvement and sale of real estate described below, to sell said real estate, or any portion thereof, and such real estate shall be sold, conveyed and occupied subject to the Restrictions, Covenants, agreements, conditions and charges, as hereinafter set forth; NOW. THEREFORE the Developer declares that the real property described in Section I is and shall be held, transferred, sold, conveyed, and occupied subject to the following restrictions and covenants which shall bind each and every lot described in Section I and which shall run with and benefit the land. SECTION I SUB PROPERTX The land situated in Northampton, Hampshire County, Massachusetts, off Rustlewood Ridge and North Farms Road, being Lots 1, 2, 3, 4, 5, 6, 7 and 9 as shown on plan of land entitled " " prepared by Harold L. Eaton & Associates, Inc. dated 1997 and recorded with the Hampshire County Registry of Deeds in Plan Book , Page SECTION I1 RESTRICTIONS 1. ,SUBDIVISION No lot or combination of lots shall be subdivided or modified in any way for the purpose of increasing the total number of lots upon which single- family 0 04/23/97 11:59 '&617 526 0607 �5 ITT NEW ENGLAND -./ a 003 residential structures may be constructed. No conveyance of less than all of any lot or of any easement or license shall occur without the prior written approval of the Developer or their successors or assigns. 2. RESIDENTIAL USE The land included in said development shall be used for residential or non - commercial purposes only. No mechanical, mercantile, or manufacturing trade or business other than the practice of a profession and then only within the dwelling house and subject to Zoning Board approval on the lot shall be carried out on or upon any lot. In no event shall the premises be used for any purpose which may be or may become an annoyance or nuisance to the neigbiborhood. No residential structure other than one single family dwelling shall be erected or placed on any lot. Attached or detached garages for not more than four (4) cars, together with accessory non - residential structures such as greenhouses, tool sheds, storage barn, pools and fencing shall be permitted, but only if and so long as they are used in connection with a dwelling house. 3. RESLDENCE SIZE AND STYLE As to lots 1, 2, 3, 5 and X, dwellings shall contain not less than two thousand five hundred (2,500) square feet of framed living area. As to lots 4, and 9, dwellings shall contain not less than 2,000 square .feet of framed living area. Living area is defined as year - round, heated living space located above grade, excluding porches, breezeways and garages. 4. LOCATION OF STRUCTURES ON A LOT No residence, garage or allowed accessory outbuilding, pool or tennis court, or other structure, shall be erected on a lot nearer than forty (40) feet to any border of any building lot. 5. BUILDING APPROVAL No building, fence, wall, or other structure shall be erected, placed or altered, on any lot, nor shall any native growth on the lot be permitted to be destroyed, cleared, removed, and /or pruned for the placement of any building, fence, wall or other structure, or for the purpose of attaining or enhancing a scenic view or solar gain, until the construction and other plans and specifications showing the nature, kind, shape, height, materials, floor plans, color scheme and the tree cutting, native growth clearing, and grading plan for the lot to be built upon, have been submitted to and approved in writing by the Developer. The Developer shall have the right to refuse to approve any such plans, specifications, or vegetation and tree clearing and grading plans which are not suitable or desirable, in their opinion, for aesthetic or other reasons. In so passing upon such plans, specifications, etc., the Developer shall take into consideration the suitability of the proposed structure and materials to the site, including, but not limited to, harmony with the surroundings and effects on the outlook from neighboring properties. Said submission of plans shall include, but not be limited to: (a) A plot plan of the lot showing the locations of the proposed construction; (b) Building plans, including drawings which show the elevation of the proposed construc- tion; (c) A description of the exterior materials and colors; (d) Landscaping plans, including but not limited to tree cutting and pruning and brush 2 0 04/23/97 12:00 0617 526 0607 ITT NEW ENGLAND [j004 clearing plans; and (d) The owners' proposed construction schedule. The Developer shall provide written approval of said plans suitable for recording. In the event the Developer fails to approve or deny a proposed structure within forty -five (45) days after receiving full proposal as described above, the proposal shall be deemed approved. 6. IS DING No vinyl siding, tar paper siding, asphalt siding, aluminum siding, log siding, plywood siding, Texture 111 siding, roll brick or similar materials may be used as siding on outside walls of any structure on any of the above - referenced lots. 7. REMOVAL AND DISTURUM —PE OF EARTH During the approved construction, tree cutting and vegetation removal and /or landscaping phase, earth, gravel, rock and other constituents of the land formation may be removed and /or excavated from the lots provided that such removal and /or excavation is done in a manner which preserves as closely as possible the contour of the property and does not create problems of water, soil erosion or related matters. 8. NATIVE GROWTH The native growth of the property shall not be permitted to be destroyed or removed, except as provided in writing by the Developer as hereinabove stated. In the event of a violation by any lot owner, the Developer may require the planting or replacement of the vegetation destroyed, the cost thereof to be borne by the owner of such lot responsible for the removal, and a lien equal to the replacement cost of the destroyed vegetation may be placed on the property of the owner of the lot violating this regulation until corrected to the satisfaction of the developer or the homeowners association. The only tree cutting permitted shall be for the construction of the dwelling house, including accessory structures and accessory uses such as lawn, garden and for access thereto. Any approved tree removal shall be selective in nature and conducted in accordance with good forestry practices directed at improving the quality of the woodlands and enhancing the natural beauty of the development. After the construction phase, the future cutting of trees within the development for the purpose of either enhancement of scenic view or solar gain must be approved in writing by the Developer, if the Developer still owns lots within the development, or by the homeowners association in the event most lots have been sold. No commercial harvesting of forest products shall be allowed, and "clear cutting" and other "de- nuding" practices shall be prohibited. 9. INCOMPLETE DWELLING,S /GRADING AND LANDSCAPING The exterior of any building erected on a lot and the landscaping and grading in connection therewith, shall be completed within -twelve (12) months after commencement. 10. TRAILERS TENTS MOBILE HOMES ETC .: No structure of a temporary nature, trailer, mobile home, basement, tent, shack, garage, barn or other out building shall be used on any lot at any time as a residence, either temporarily or permanently. 11. SIGNS No signs shall be erected or maintained on any lot except: (a) Such signs as may be required by law; 3 0 04/23/97 12:05 0617 526 0607 ITT NEW ENGLAND Q 008 _../ SECTION N DEVELOPER'S E%EMPTIQN FROM COVENANTS The foregoing covenants shall not apply to the business activities of the Developer, their successors or assigns, during the construction and sale period, nor shall they apply to residential lots which are owned by the Developer and which remain unimproved. SECTION V WAIVERS The Developer or their duly authorized delegate shall have the right to waive, alter, or amend any of the foregoing restrictions and covenants in particular cases in the event that it becomes necessary or equitable to do so, and the Developer or their delegates shall be the sole judge as to the propriety of such waiver, alteration or amendment. Any such waiver or any failure to enforce the restrictions herein shall not be deemed a waiver of the right to enforce the restrictions thereafter. The Developer's right under this paragraph shall expire upon the earlier occurrence of (i) the sale of all lots; or (ii) January 1, 2000. SECTION Vl 1. Right to Enforce The right to file an action in equity or at law with the courts of the Commonwealth of Massachusetts arising under the restrictions and covenants contained herein, including votes and assessments and rules and regulations of the homeowners' association, shall be held by the Developer, by the owner of any lot in the development, and /or by the homeowners' association. The prevailing parties shall recover reasonable attorneys' fees and costs incurred in such action. 2. Enforcement Method Enforcement of these restrictions and covenants as hereinabove outlined shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any restriction or covenant, including the collection of common charges by the homeowners' association, either to restrain such violator or attempted violation or to recover damages against any person or persons violating or attempting to violate these covenants and restrictions or to collect such common charge assessments as validly enacted by the homeowners' association. SECTION VII MISCELLANEOUS I. Duration and Binding Effect The covenants and restrictions of this Declaration shall run with, and bind the land and shall inure to the benefit of the Developer, their successors and assigns, and all lot owners, their successors and assigns, for a period of twenty -five (25) years from the date this Declaration is recorded with the Hampshire Registry of Deeds, after which time said Declaration shall be automatically extended for successive periods of ten (10) years unless an instrument, signed by all of the owners of lots 1, 2, 3, 4, 5, 6, 7 and 9, has been recorded agreeing to change said Declaration in whole or in part. 7 N 04/23/97 12:03 0617 526 0607 ITT NEW ENGLAND IA007 (ii) To establish such rules and regulations as the Association may deem appropriate in order to manage, maintain, improve, repair and restore the common driveways and easements along the common driveways and to oversee the covenants and restrictions pertaining to the individual lots and lot owners. (iii) To oversee the management, maintenance, improvement, reparation, and restoration of the common driveways and easements as shown on the plan hereinabove referred to as a group or in the alternative, to be responsible for arranging for the proper maintenance, reparation and restoration of same. The City of Northampton has no responsibility for the maintenance of the common driveways and /or easement areas. (iv) To determine and assess expenses for the development for the management of the development and for the maintenance, improvement, reparation, and restoration of the common driveways and easement areas; and to collect any common charges from the lot owners as assessed by majority vote of the Association,with the limitation that only those owners of the lots serviced by the common driveways and easement areas shall vote pertaining to any assessment and shall pay any assessment of common charges per- taining to same.The owners of lots 1, 4, 6, 7 and 9 shall not be involved in the vote or payment of common charges for the maintenance, reparation, restoration or improvement of the common driveways and easement areas. (v) To control and expend the funds collected under (iv) above. (vi) To approve or disapprove the written request by any lot owner for the post construction removal of trees, native growth, planting and vegetation and /or the pruning or thinning of trees for the construction of an accessory structure and /or for the purposes of enhancement of scenic views and /or solar gain. The Association shall have the right to refuse to approve any such request which it deems is not suitable or desirable for aesthetic or other reasons. In the event such request is approved by the Association, the Association, through its duly authorized secretary, shall provide written approval of such proposal suitable for recording with the Hampshire Registry of Deeds. Majority vote shall control in all cases except as herein specifically stated. SECTION 111 ASSESSMENTS The Developer hereby covenants for each lot within the Development and each lot owner is hereby deemed to covenant by acceptance of the deed for such lot, to pay to the Association special or annual assessments for enforcement of these restrictions and covenants contained herein and, only for owners of lots )C 2, 3, and 4, for the maintenance, improvement, reparation, and restoration of the common driveways and easement areas. Such assessments shall be established and collected by the Association. Notice of assessment shall be sent to every lot owner subject thereto by the secretary of the Association. Enforceability of the assessment and collection of assessment shall be as hereinafter provided. L N 04/23/97 12:01 V617 526 0607 IVf NEW ENGLAND [005 (b) A residential identification sign having a total face area not larger than one hundred forty -four (144) square inches; (c) During the time of construction of any building or other improvements, one (1) job identification sign not larger in area than three (3) square feet; (d) A "For Sale" sign of reasonable type size and appearance, but only if attached to the building or free- standing, and not to exceed six (6) square feet in area. 12. FENCES No fences shall be allowed on any lot, except for fences required by law, i.e. around swimming pools, or for domestic pets or a fenced area for horses or ponies. Any fence shall not exceed six (6) feet in height and shall not be allowed within fifty (50) feet from any lot boundary line or any easement location within the development. A fence exceeding six (6) feet up to a maximum of ten (10) feet shall be allowed around any approved tennis court, subject to the restriction that such fence shall not be within fifty (50) feet of any lot boundary line or any easement location within the development. 13. ANIMALS, LIVESTOCK. ETC: No animals, livestock, birds, or poultry of any kind shall be raised, bred, or kept on the property except that dogs, cats, or other usual household pets may be kept on lots provided that they are not kept, bred, or maintained for commercial purposes, and do not become a nuisance to other owners and occupants. A maximum of two (2) horses and /or ponies are allowed provided that they are not kept, bred, or maintained for commercial purposes and do not become a nuisance to other owners and occupants. 14. GARBAGE CANS, RUBBISH DUMPING CLOTHESLINES No lot shall be used as a dumping ground for trash, rubbish, garbage or hazardous materials. All clotheslines, equipment, trash containers, service yards, wood piles, and storage piles shall be kept screened by adequate planting or approved fencing so as to conceal them from the view of neighboring residences and common driveways, except during such necessary periods as when said trash containers are made available for collection. All rubbish, trash and garbage shall be regularly removed from the premises and shall not be allowed to accumulate thereon. No dead trees or heavy brush of any kind shall be placed or permitted to accumulate upon or adjacent to any lot which will or may render the same or any portion thereof unsanitary, unsightly, offensive, or otherwise detrimental to any other lot. 15. NUISANCES No noxious or offensive activities shall be carried out, on or upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 16. LOCATION OF UTILITIES The furnishing of all utility services to each lot shall be by means of underground installation. No underground storage of petroleum oil, gas or other substances, harmful to the environment shall be permitted. The burial of propane tanks shall be allowed. 17. MANICURED LAWNS The total coverage on lots 1, 2, 3 and 5 within the a 04/23/97 12:02 0617 526 0607 ITT NEW ENGLAND a 006 development for a manicured lawn shall not exceed ten percent (10 %) of the total lot area, and for lots 4, 6. 7 and 9 shall not exceed twenty percent (20%) of the total lot area. 18. CLEARING, TREE CUTTING Clearing and tree cutting and shrub and vegetation removal on any lot for the purpose of constructing buildings, pools, tennis courts. and manicured lawns, exclusive of common driveways, driveways, easement locations, leachfields, and pipes to leachfields, shall not exceed the following percentages for the following lots: (a) Twenty percent (20%) for lots 1, 2, 3 and 5. (b) Twenty -five percent (25 %) for lots 4, 6 and 9. (c) Not applicable for lot 7. 19. LAWNCARE, PESTICIDES, ETC. No commercial lawncare shall be allowed within the development including but not limited to no commercial application of herbicides, pesticides, fertilizers, chemical compounds, and other materials or substances for the purposes of lawncare, weed control, etc. 20. SEPTIC TANK PUMPING Each lot owner shall have the septic tank servicing his or her property pumped at least once every three (3) years. SECTIQN 11 HOMED -VMRS ASSOCLATION 1. MEMBER5HIP The owners of lots 1, 2, 3, 4, 5, 6, 7, and 9, as shown on the plan hereinabove referred to, shall be members of the Association. Membership shall be appurtenant to and may not be separated from ownership of any of the above lots. (a) Voting. The Association shall have two (2) classes of voting members as follows: (i) Class A . Class A members shall consist of all lot owners, with the exception of the developer, and shall be entitled to one (1) vote for each lot owned. When more than one (1) person holds interest in the given lot, all such persons shall be members and the vote for such lot shall be exercised as they may determine among themselves. In no event shall more than one (1) vote be cast with respect to any lot owned by Class A members. (ii) Class B . Class B shall consist of the developer who shall be entitled to exercise one (1) vote for each lot owned. Class B membership shall terminate and cease to exist at such time as the developer has conveyed all of the lots hereinabove stated. (iii) Common Driveways Any matters pertaining to the common driveways as shown on said plan shall be controlled and voted upon only by those owners whose lots are directly connected by said common driveways, that being owners of lots 2, 3 and 5. The owners of lots 1. 4, 6, 7 and 9 shall not be entitled to any control and /or vote affecting the common driveways and easement areas along said common driveways. (b) Authority of the Class A and B Members The authority of the Class A and B members shall include, but not be limited to the following- (i) To elect a secretary of the association to handle the administration of the restrictions and covenants contained herein. 6i 0 04/23/97 12:07 ITT NEW ENGLAND Q009 0617 526 0607 fur 2. Severability Invalidity of any one of the covenants or restrictions by judgment of court or otherwise shall in no wise affect any other provisions, each of which shall remain in full force and effect. 3. Developers' Exemption from Liability Under no circumstances shall the Developer, their heirs, successors or assigns, be held responsible for any violation of the reservations and restrictions by any lot owner, or for any waiver of restrictions the Developer may choose to grant, and each owner of a lot in the development, by acceptance of a deed thereto, assents to the written provisions and he, she or they and his, her or their heirs, personal representatives, successors and assigns, shall be bound hereby. IN WITNESS WHEREOF, the undersigned Developers have hereunto set their hands and seals the day and year first above written. Signed in the presence of: Witness KEVIN W. HEAFEY Witness ROY GIANGREGORIO COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. , 1997 Then personally appeared the above -named KEVIN W. HEAFEY and ROY GIANGREGORIO who acknowledged that the foregoing instrument is the free act and deed of Kevin W. Heafey and Roy Giangregorio, Developers, before me Roger A. Walaszek - Notary Public My commission expires: August 24, 2041 E'1 v EDWARD W.PASSA ACTING CHIEF TO: Planing Board Fire Department Headquarters Office of the Chief 60 Masonic Street Telephone: (413) 584 -7165 FROM: Edward W. Passa, Acting Chiefelxi Date: March 25, 1997 RE: Keving Heafey Building Lots Rustlewood Ridge /North Farms Road Deputy Chiefs Edward W. Passa Dana N. Cheverette David C. Favaro Michael R. Driscoll Daniel E. Benedisuk I received a copy of sections of the zoning bylaws relating to flaglots and common driveways from Donald W. Miner of Harold L. Eaton & Associates Inc., along with copies of plot plans, etc. of the proposed building lots. Concerns of the fire department are water supply for firefighting purposes and suitable construction of the roadways (common driveways). On March 19, 1997 I had a conversation with Mr. Miner, in my office, and he informed me that houses built on the proposed lots would be serviced by separate water wells for the owner's consumption - not by water mains. Mr. Miner also told me that these are building lots - not a subdivision, which would be subject to different zoning bylaws. With a lack of water mains to these lots, water for fire fighting operations would have to be supplied by this department by means of transporting it to the scene by our tanker and engines (pumpers). Our tanker carries 1,500 gallons of water and a portable folding tank (also know as a "portable pool "), which must be set up on a hard surface. Water is delivered and dumped into the "pool" continuously by our tanker and other pumper trucks in order to keep a constant water supply. (Cu l? Of portbampton, 040mbugetto 01060 Engines (pumpers) Vs 3, 4, and 5 each carry 750 gallons of water in their tanks. In the event of a fire they would shuttle water from a supply source as close as possible to the scene of the fire to the "pool" and the pumper that is I*ftw 1..0- supplying the fire hoses. Depending upon the magnitude of the fire, our department would call for MUTUAL AID from surrounding communities, i.e. Williamsburg, would then send their tanker, which also has a portable tank, that would be set up next to our tank so to supply additional water for firefighting, with their tanker aiding in the water shuttle. This is basically how fire suppression is handled by our department in areas of Northampton which have low water pressure or no hydrants. My second concern is in regards to the construction of the common driveways. They must be fabricated strong enough to allow the passage of our fire apparatus over them without the roadways breaking up or our vehicles breaking through the road material. Our engines (pumpers) weigh 33,000 pounds and our tanker weighs 44,800 pounds, thus the stability of the common driveways is a concern. Another concern is the maintenance of these driveways, especially during the winter months with ice and snow plowing. The winter of 1995 -96 possibly being a worst case scenario, the width of the driveways are of relevant importance when it comes to plowing of snow and sanding. Maintaining as much of the width as possible of the driveways for the passage of fire apparatus is of great importance. If any other information is required please contact me at Fire Department Headquarters. �, r ile No. 246 - 310 CMR 10.99 `"'." (To be provided by DEP) Form 3 city/Town Northampton Applicant Kevin W. Heafev Commonwealth Department of of Massachusetts Defense United States of America Notice of Intent Under the Massachusetts Wetlands Protection Act, G.L. c. 131, s 40 and Application for a Department of the Army Permit & Northampton Wetlands Protection Ordinance Part I: General Information 1. Location: Street Address 186 North Farms Road, Northampton, MA Lot Number Assessor's Map 12 Parcel 1 New frontage lots # 4, 5, 6, & 9 2. Project: Type single family residences access drive and sewer crossing Description: Lot 4, Construction of a single family home, driveway, septic, and yard within 100 ft. of a wetland. Lot 5, (1) Construction of a sewer line in an existing woods road through a wetland and (2) clearing, minor grading, lawn /landscaping within 100 feet of a wetland. Lot 6, Construction of a driveway and clearing for yard area within 100 feet of a wetland. Lot 9, (1) Construction of an access driveway across 720 sq. feet of wetland for access to home site with approximately 874 sq. ft. of wetland replacement area provided. (2) Installation of a culvert in a roadside ditch for 30 linear feet of intermittent stream. (3) Construction of a single family home, driveway, septic, and yard within 100 ft. of a wetland. 3. Registry: County Hampshire Current Book 2301 & Page 287 Current Book 4707 & Page 133 Certificate (if Registered Land) NA 4. Applicant Kevin W. Heafev Tel. 413 - 584 -1871 Address 197 North Maple Street Northampton, MA, 01060 5. Property Owner Elizabeth J. Olbris, et al. Tel. 413 - 584 -2988 Address 186 North Farms Road, Northampton, MA, 01060 6. Representative Charles H. Dauchy, Environmental Consultant Tel. 413 - 548 -8005 Address 24 Old Long Plain Road, RFD #3, Amherst, MA 01002 7. a. Have the Conservation Commission and the Department's Regional Office each been sent, by certified mail or hand delivery, 2 copies of completed Notice of Intent, with supporting plans and documents? Yes X No _ (9 copies to Conservation Commission) b. Has the fee been submitted? Yes X No c. Total Fif'ing Fee Submitted $665.00 + $35.00 (City fee) _ $700.00 d. City /Town Share of Filing Fee $345 + 35 = 380 State Share of Filing Fee 320 (sent to City/Town) (1/2 of fee in excess of $25, sent to DEP) e. Is a brief statement attached indicating how the applicant calculated the fee? Yes X No_ f. Permit requested under: Mass Wetlands Protection Act (310CMR10): yes Northampton Wetlands Protection Ordinance: yes 4/1/94 3 -1 OMWA 8. Have all obtainable permits, variances and approvals required by local by -law been obtained? Yes X No _ Obtained WSP zone permits Flag Lot permits Common Driveway permit Applied For: Not Applied For: 9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c.131. s 40A or G.L. c.130 s105? Yes _ No X 10. List all plans and supporting documents submitted with this Notice of Intent. Identifying Number/Letter Title, Date Exhibit 1 Locus Mal? (USGS) Estimated Habitat Map Soils Map Exhibit 2 List of Abutters Abutter notification and affidavit of service Exhibit 3 Fee Calculations Transmittal form and copies of checks Exhibit 4 Wetland Replacement Plan and Procedures Plan (foldout) General Site Plan - by C H Dauchy. dtd 2/24/97, rev. 7/1/97 Plan (separate) Site Development Plan - Lots 4 5 6 & 9 for land on North Farms Road, for Kevin Heafey et als by C H Dauchy, dtd 2/24/97 rev. 7/1/97 11. Check those resource areas within which work is proposed: (a) X Buffer Zone _ Isolated Wetland (not under (b) Inland:) State jurisdiction Bank* Land Subject to Flooding X Bordering Vegetated Wetland* _ Bordering _ Land Under Water Body & Waterway* _ Isolated _ Riverfront Area (c) Coastal: Land Under the Ocean* Designated Port Area* Coastal Beach* Coastal Dune Barrier Beach* _ _ Coastal Bank Rocky Intertidal Shore* _ Salt Marsh* _ Land Under Salt Pond* _ Land Containing Shellfish* _ Fish Run* * Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. See General Instructions for Completing Notice of Intent. 4/1/94 3 -2 12. Is the project within estimated`,vitat which is indicated on the most re ` Estimated Habitat Map of State - Listed Rare Wetlands Wildlife (if any) published by the Naturat'Fleritage and Endangered Species Program? YES [ ] NO [ X] Date printed on the Estimated Habitat Map NO MAP AVAILABLE[ ] (if any) 1997 -98 Atlas (Easthampton Quad) If yes, have you sent a copy of the Notice of Intent to the Natural Heritage and Endangered Species Program via the U.S. Postal Service by certified or priority mail (or otherwise sent it in a manner that guarantees delivery within two days) no later than the date of the filing of this Notice of Intent with the conservation commission and the DEP regional office? YES [ ] NO [ ] NOT APPLICABLE If yes please attach evidence of timely mailing or other delivery to the Natural Heritage and Endangered Species Program. Part II: Site Description Indicate which of the following information has been provided (on a plan, in narrative description or calculations) to clearly, completely and accurately describe existing site conditions. Identifying Number/Letter ' (of plan, narrative or calculations) Natural Features Exh 1 & plans Soils (Used in wetland delineation) Plans Vegetation ( vegetation used in wetland delineation) Plans Topography NA Open water bodies (including ponds and lakes) Plans Flowing water bodies (including streams and rivers) NA Public and private surface water and groundwater supplies on or within 100 feet of site NA Maximum annual ground water elevations with dates and location of test Plans Boundaries of resource areas checked under Part I, item 11 above Other Man -made Features: Plans Structures (such as buildings, piers, towers and headwalls) NA Drainage and flood control facilities at the site and immediately off the site, including culverts and open channels (with inverts), dams and dikes NA Subsurface sewage disposal systems NA Underground Utilities 411194 3 -3 Piaiis roadways and pa king areas "', Plans Property boundaries, easements, and rights -of -way Other Part III: Work Description Indicate which of the following information has been provided (on a plan, in narrative descriptions or calculations) to clearly, completely and accurately describe work proposed within each of the resource areas checked in Part I, item 11 above. Identifying Number/Letter (of plan, narrative or calculations) Planview and Cross Section of Structures (such as buildings, piers, towers and headwalls) Plans Plans Drainage and flood control facilities, including culverts and open channels (with inverts), dams and dikes Plans Subsurface sewage disposal systems & underground utilities Plans Filling, dredging and excavating, mdicating - and - composition ofmaterial (showing proposed grading) - NA Compensatory storage areas, where required in accordance with Part III, Section 10.57(4) of the regulations. NA Wildlife habitat restoration or replication areas Other Point Source Discharge NA Description of characteristics of discharge from point source (both closed and open channel), when point of discharge falls within the resource area checked under Part I, item 11 above, as supported by standard engineering calculations, data and plans, including but not limited to the following: 1. Delineation of the drainage area contributing to the point of discharge; 2. Pre -and post- development peak run -off from the drainage area, at the point of discharge, for at least the 10 -year and 100 - year frequency storm; 3. Pre -and post - development rate if infiltration contributing to the resource area checked under Partl, item 11 above; 4. Estimated water duality characteristics of pre- and post - development run -off at the point of discharge. 411194 3 -4 Part IV: Mitigating Measures I . Clearly, completely and accurately describe, with reference to supporting plans and calLfations where necessary: (a) All measures and designs proposed to meet the performance standards set forth under each resource area specified in Part II of Part III of the Regulations; or (b) Why the presumptions set forth under each resource area specified in Part II or Part III of the regulations do not apply. Coastal Resource Area Type: X Inland BORDERING VEGETATED WETLAND Identifying number or letter of support documents The wetland area to be altered for driveway construction is the minimum feasible for acces to the developable upland portion of lot 9. The project qualifies as a "limited project" under 310 CMR 10.53(3)(e), but no waiver of performance standards is required. The wetland alteration for sewer construction is temporary and the area disturbed is an existing eroding woods road. The area will be refilled and graded to blend to the adjacent wetland and See plan restored to wetland vegetation. COMPLIANCE WITH PERFORMANCE STANDARDS - 31 0CMR1 0.55(4b) 1. The wetland area lost to the road -fill and culvert is approximately 720 sq. ft. The Plan replacement area totals approximately 874 sq. ft., or over 120% of the filled area. The wetland temporarily altered for sewer installation will total approximately 1450 sq. ft., which will be improved by restoration of a loam surface and restored to wetland vegetation. 2. Elevations in relation to the groundwater will be equivalent to the altered area. Plan 3. Replacement area is located as immediately adjacent to altered area as is feasible and Plan contiguous with the same wetland system. Restoration over sewer line is in exactly the same area. 4. Replacement area will be graded for unrestricted hydraulic connection to the bordering Plan wetland and intermittent stream. Restoration over sewer line is in exactly the same area. 5. Replacement area is in the same stream reach as the lost area. Plan 6. Wetland hydrology, transplanted soils and vegetation, and supplemental seeding will Exhibit 4 re- establish at least 75% wetland species in 2 years. 7. Replacement work complies with standards for other resource areas. _ Coastal Resource Area Type: _ Inland BANK OF INTERMITTENT STREAM Identifying number or letter of support documents The bank to be altered is that of roadside drainage ditch, approximately 1 ft. wide and 1 ft deep, carrying flow from an intermittent stream in the wetland swale to the north. The proposed alteration consists of installation of one, 30 ft, 12" diameter driveway culvert. COMPLIANCE WITH PERFORMANCE STANDARDS - 310CMR10.54(4a) 1. The stability of the ditch bank will be maintained by the culvert, vegetated banks, and See plan low flow velocity in the upstream and downstream channels. 2. Capacity of the channel is maintained - the culvert provides similar capacity to the ditch. 3. Water quality will be protected by expeditious installation when there is no flow. 4. The ditch does not serve directly as fish habitat due to low flows. 5. The work will alter approx. 30 linear ft. of "stream bank ", less than regulatory thresholds 4/1/94 3 -5 Coastal Resource)Ifea Type: Identifying number _ Inland or letter of support NOT APPLICABLE documents 2. Clearly, completely and accurately describe, with reference to supporting plans and calculations where necessary: (a) all measures and designs to regulate work within the Buffer Zone so as to ensure that said work does not alter an area specified in Part I, Section 10.02(1)(a) of these regulations; or (b) if work in the Buffer Zone will alter such an area, all measures and designs proposed to meet the performance standards established for the adjacent resource area, specified in Part II or Part III of these Regulations. Coastal Resource Area Type Bordered X Inland By 100 -Feet Discretionary Zone: BORDERING VEGETATED WETLAND Identifying number or letter of support documents The 100 ft. Buffer zone areas are primarily a moderately to steeply sloping wooded hillsides, with soils mapped as the Paxton series, a "well drained" glacial till soil, with a compact substratum, resulting in a seasonally high water table, often within 18" of the surface during the late winter and early spring. Just above the base of the slope to North Farms Road, there is a band of deep well- drained sands. From the base of the slope to North Farms Road is a meadow, with moderately -well drained sandy soils (Sudbury & Belgrade series). Work in the buffer consists of: (1) Construction of driveways to serve lots 4, 6, & 9 proposed single family homes(all homes are over 100 ft. from the wetland), including clearing, erosion controls, grubbing, grading, filling, stone -lined roadside drainage swales and site stabilization. (2) Construction yard areas for lots 4, 5, 6, & 9, including clearing, grading, and site stabilization. (3) Construction of homes and septic systems on lots 4 & 9. (4) Construction of an effluent sewer to serve lot 5. In order to assure protection and no alteration of the wetland resource areas: 1. Where work is upslope from a wetland, sediment barriers will be installed between work Plans areas and wetlands before any grading, stripping, or grubbing of the site, will serve as the limit of work, and will remain in place until stabilization of the work areas. Graded areas will be seeded immediately after final grading. Steep slopes will be mulched and mulch secured if season requires. 2. Where work is down or cross -slope from a wetland, a work limit will be clearly marked in Plans the field. 3. A vegetated upland buffer of existing vegetation will be left between the work areas and Plans the wetlands. 4. Leaching systems will be over 50 feet from the edge of wetland and will comply with state and local codes. 5. Deed Restrictions will be place on the subject Lots, prohibiting future fill of wetlands. 4/1/94 3 -6 LOCKS MAP EXHIBIT 1 MAP 12, PARCEL 1 NORTH FARMS ROAD, NORTHAMPTON, MA SOURCE: USGS, EASTHAMPTON QUADRANGLE SCALE: 1:25,000 C ESTIMATED HABITATS OF n 'E WILDL AND CERTIFIED VERNAL POO c '�o . For use with the MA Welia Protection Act regulations (310 CMR 10) A Produced by Natural Herit & Endangered Species Program, MA Divisie�of fisheries & Wildlife 'r, .F I-B In I' L-1. ;z! J: fA ;0T Aw 31 s � 2 t �FY�� 't" { + %ral:'-"1:7 7 ` �T � ;. i ° ' f " � i i r '•°s I "•� •. ti ' •" �' . x 7f . 6X V ✓ J'. kZ: v -3 T: b.. fir,^,- .• �tg�. �.- ) �'� s ' i � F � ! . . f � - 'G .�4,w.i..,t , ^• � f t P :• n. �* �.i�! .t T7 4 �1 A7 Y�. -V 4 50.3 % .11� A` a , \,w'm+ 1 \!, , t- �'`;`�'�' ,i ti t' ��r � F �'J! e \ if '13 z n "o, �v X Z A Lk :74 ;j, J:A� ;4A 4 f; A E 'A Sj� T H. It 1,iZ zf: Fir !;i M V 0 1 mile see County tndtx Maps to o I' kilomet. I er iotate adjacent quadrangles E A S T H A M P T 0 N 0 U A 1) 1 997 Iftow SOILS MAP for 186 North Farms Road Northampton, MA 1485W -"Opoll EXHIBIT 4 WETLAND REPLACEMENT PLAN AND PROCEDURES LOT 9, NORTH FARMS ROAD, NORTHAMPTON DESCRIPTION OF AREA TO BE ALTERED: Location and Area: The proposed access road crossing is at a narrow point at the head of a wetland swale, where the area has been disturbed by past logging. The total wetland area to be lost is approximately 720 square feet, with up to an additional estimated 240 square feet to be temporarily altered to blend the replacement area grade to the adjacent wetland swale. Soils and Hydrology The soils in the wetland to be filled have 6" to 12" of a dark A horizon, underlain by a gleyed medium sand. It appears that the swale may receive some flow that splits from the adjacent drainageway to the north of the crossing, but most flow follows the larger swale to the north. The water table is at or within 12" of the surface during the winter and spring, with the lowest points still saturated through late June. Vegetation: The area to be filled was disturbed by logging several years ago. The predominant vegetative species are Cinnamon Fern and Jewelweed, with occasional Sensitive Fern, and Red Maple and American Elm seedlings. It does not appear that any substantial trees were removed from the wetland itself, although slash in the area makes it difficult to assess. PROPOSED WETLAND ALTERATION: The proposed alteration is required for construction of a access driveway for a single family home to be located on an upland area that is completely surrounded by wetlands. A stone headwall will be used to minimize the width of fill at the wetland crossing. A 12" culvert will be installed to allow flow from the drainage swale on the north, although there is no sign of flow under present conditions. The extent of wetland alteration is the minimum feasible and the location has already been somewhat disturbed by past logging. The project is believed to qualify as a "limited project" under 310 CMR 10.53(3)(e), but no waiver of performance standards is required. DESCRIPTION OF WETLAND REPLACEMENT AREA: Area: The proposed replacement area is approximately 60 feet south of the area to be filled, bordering on the westerly side of the same wetland drainageway that will be crossed.. The area is currently upland woodland. The proposed replacement wetland surface area will be approximately 874 sq. ft., or approximately 121% of the area altered. `r+i - w o" Soils & Hydrology: are typically sandy loam underlain by loamy sands. Approximately 8' up -slope from wetland flag C6, low chroma mottles were observed at 16" and a dominant low chroma matrix at 20 ". Water table on 6/23/97 was at 30 ". It appears that groundwater movement is from the upland sand terrace and till slope on the west, toward the east and the wetland drainage swale. Excavation of subgrade to at or just below the adjacent wetland surface elevation, and replacement with 6" to 12" of wetland soil or make -up loam will intercept the groundwater seepage and establish reliable wetland hydrology. Soils investigations on the easterly side of the drainage swale along the "F" flag line, did not show a water table as near to the surface and the groundwater gradient appeared to continue easterly making these areas less favorable for establishment of wetland hydrology. Schedule: Due to the lack of any stream flow through the area and the limited size involved, timing is not critical, and replacement work can be done at any time that the ground is not so completely saturated as to make normal equipment operation difficult. Once begun, removal and stockpiling of the wetland soils and plants, construction of the driveway crossing, excavation of the replacement area, and replacement of wetland soils and plants should be completed within 3 days, to prevent dessication of plants and soils. No fill shall be placed over any wetland area until plants and soil are removed. WETLAND REPLACEMENT PROCEDURES Work associated with the wetland crossing and replacement shall be done in an expeditious manner, without delays in the work that would leave the site open to erosion or risk desiccation of plants and soil. Work shall not be started if intense or prolonged rainfall is forecast within the next 72 hours. SEQUENCE OF WORK: 1. Stake or flag work areas including limits of fill for wetland crossing, grading for wetland replacement area, limits temporary alteration, and areas of permitted equipment operation. Mark grade stakes for cut to 1 ft. below expected finished grade for replacement area. This grade is for initial reference only. Final grade may be adjusted as discussed below to assure wetland hydrology for replacement area. 2. Install Silt Fence across wetland and along lower edge of replacement area, as shown on plan. Vegetation interfering with silt fence placement may be cut before installation. Silt fence along edge of replacement area may be installed up to 3 feet into wetland at toe of slope to facilitate blending of grade to existing wetland surface. No equipment traffic or other alteration is permitted beyond sediment barriers or in wetland areas. Silt fence within the wetland shall be trenched in by hand. Trench for sediment barriers in upland areas may be cut by machine. 3. Prune wetland shrubs and seedlings to be moved as identified by supervising Wetland Scientist. Remove approximately 2/3 of top growth to facilitate movement and reduce transpiration losses. Any trees and shrubs over 2" caliper (dbh) shall be cut flush and tops removed without equipment traffic within wetland. `ter .,.� 4. Excavate and stockpile wetland soil and plants from area to be filled Excavate the "A" horizon (dark, upper 1'± of soil, with roots and plants as an intact mass and stockpile in area designated on plan. Move woody plants with maximum practical root ball and stockpile as upright as possible. Gravel fill and culvert may be placed where wetland soils have already been removed in order to permit equipment access to next area to be excavated. 5. Complete installation of road fill and culvert sufficiently to permit equipment access to replacement area. 6. Excavate the proposed replacement area to approximate staked grade. Excavation work shall be done from outside the existing wetland. Excavation shall progress from the wetland or lower edge into the upland, with excavation of replacement area and replacement of soils and plants (see step below) phased if necessary to minimize equipment traffic within the open excavation. The Environmental Consultant or their representative shall be notified to inspect the excavation as it progresses in order to verify soil and groundwater conditions. Grades shall be adjusted if necessary for desired wetland hydrology. 7. Place soil and plants in wetland replacement area to approximate finished grade. Where possible, place plants upright. Excavator bucket may be used to press soil down slightly, but a smooth finished grade is not required or desired. Plants and soil should be handled as little as possible. Equipment traffic in replacement area is to be minimized, with no traffic on wetland soils already placed. If stockpiled wetland soils are not sufficient to cover entire wetland replacement area, use additional "topsoil" with texture of fine sandy loam or finer, and Munsell chroma of 3 or less due to organic matter content. If not from a wetland source, "Topsoil" shall be free of plant residues and roots. 8. Seed replacement area with: New England Wetland Plants "Wet Mix" (or equal) at' /z Ib/ 1000 sq. ft. Broadcast seed, with heavier application on areas without cover from transplanted plants. Rake into surface lightly where feasible without disturbing transplants. Mulch with straw or wet meadow hay at 2 bales /1000 sq. ft. 9. Install silt fence or mulch and control runoff as necessary to prevent sediment discharge into replacement area. Loam and Seed cut slope above replacement area. Mulch slope and secure with netting. 10. Establishment and Monitoring: At the end of each growing season until establishment, a progress report shall be submitted to the issuing authority. Additional plantings or seeding shall be provided if re- establishment appears unsuccessful. Vegetation may be cut or removed selectively to favor wetland species or control invasive species. No specific long -term maintenance program is required for the proposed replacement area. Natural succession of wetland species should be permitted to proceed. 310 CNIR 10.99 r '►�wr Form 2 _ yam_ Commonwealth -• of Massachusetts Dc'P Fla No. l 246 — (To be prov'oed by DEP) city,Town Northampton Avoilcant K4J 0' jk-_/4P:Ry i Date Request Filed �9 7 Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c.131, §40 & NORTHA:rIPTON WETLANDS PROTECTION ORDINANCE From Northampton Conservation Commi __ Issuing Authority (Name of person making request) C /C C0A -(S H. P" Address 'w 04P 4619(, f4-1 PO AV Arnt}ff n mA j/cel •x — 9 This determination is issued and delivered as follows: (Name of prOperry owner) Address , ?6 NoATta - PA"t-M5 A6 ,0 0 )./627H '-A OJ6 by hand deiivery to person making request on (date) R $ by certified mail, return receipt requested on .T 1#�� o? )997 (date) Pursuant to the authority of G.L. c. 131, §40, the Northampton Conservation Com has considered your request for a Determination of Applicability and its supporting documentation, and has made the following determination (check whichever is applicable): Location: Street Address G VoPTH -.._ FsQm5 Ra D Lot Number: ('`AP ID #) `- T h J Determination �s ositiv 1. The area descrlbeRelow, Mich includes allipart of the area described in your request, is an Area Subject to Protection Under the Act. Therefore, any removing, filling, dredging or alterina of that area requires the filing of a Notice of Intent. X T > RfPL i'c,a�rr >n uS-r- "GO SuP, ey a r I. Qfl�t( � WarX� �UO�r�do -u� t�g52lQ O�SerGQ tr1 Ir 4'�2 g n re LL �� i ' c�r,d ���,c�.x�n J C�1 5 �c� larl 5'_L6"'i { W i 1� l ey L p- FUr leY m lr�a �'i �m An j - FiALk- -e,, w o; tc- the N • V� • Gx r o� �'ro �er+ �q ()� re m r� 2. The work described below, which includes all /part of the work described in your request, is within 1 an o ,- an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area. There- �i I fore, said work requires the filing of a Notice of Intent. Effective 11/10!89 2 -1 J 3. The work described below, which includes all,part of the work descrloeC -in your request, is within the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Unaer the Act. Therefore, said work requires the filing of a Notice of Intent. This Determination is negative: 1. G The area described in your request is not an Area Subject to Protection Under the Act. 2.. 0 The work 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 described in your request is within the Buffer Zone, as defined in the reoulations. 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. C The area described in your request is Subject to Protection Under the Act, but since the work described therein meets the requirements for the following exemption,as specified in the Act and the reoulations, no Notice of Intent is required: Issued by Northampton Conservation Commission Signature(s) On this day of 19 '�'f 7 _, before me personally appeared C- Mc, o— I t , to me known to be the person described in, and who executed, the foregoing instrument, and acknnv%ledaed that he!shb executed the-same as his /her free act and deed. Notary Public My commission expires This Determination coes not relieve ine apolicani from complying with ali other abplrcable federal state c Ioc21 statutes. Ordinances - by or reguiatlons. Tnis Determination snap be valid for three years form Ine Cale of issuance The applicant, the owne.-, any person aggrieved by this Determination, any owner of land abutting the Jana upon which the proposed work is to be cone, or any ten res oents of the city or town in whicn such land is located, are hereby notifies o1 tneir ncn: to revues: the Deparmen: o: l Io Ine D l Protection to issue a delivery to the Superseding Determination of Applicability, providing Ine reouest is mace oy certdiec mau or nand epa. me.) w ^h the aaprcpnaie filing fee and Fee Transmittal Form as provioed in 310 CM= 70.03{7) within tan nays from the Cate of issuance of tnis Dewrmina :ion. A copy of Ine reouesi shall a: the same time be sent by certifies mau or nano oetivery to the Conserv. :ion Commissicn and the en- Iican;. . -r 2 -2A This Determination must be signed by a majority of the Conservation Commission. 310 CMR 10.99 �r DEP File No. (To be provided by DEP) Form 1 Commonwealth City /Town: Northampton of Massachusetts Applicant: Kevin W. Heafey Request for Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, s40 and Northampton Wetland Protection Ordinance 2 1, the undersigned, hereby request that the Northampton 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, s. 40. and the Northampton Wetlands Protection Ordinance. 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: 186 North Farms Road, Northampton, MA Lot Number: Assessor's Map 12, Parcel 1 Hampshire Co. Registry, Bk 2301, Pg. 287 See accompanying Locus Map and plan titled "Wetland Delineation Sketch Map ", prepared by C. H. Dauchy, 12/31/96, on base plan by Harold L. Eaton, & Assoc., dtd. 11/25/96. The wetlands were flagged in December, 1996, by Charles H. Dauchy, Environmental Consultant. Wetland delineation shown on the plan is an approximation of the actual flag line and intended to only facilitate field review, pending survey of actual flag locations. The purpose of this request is to obtain the Commission's verification of the wetland delineation, after review and adjustment. A surveyed plan will be provided when available. The work in said area is described below. (Use additional paper, if necessary, to describe the proposed work.) No work is specifically proposed at this time. The area is being planned for large -lot, single family residential development. Official confirmation of a wetland delineation will permit planning and design to proceed in accordance with regulatory requirements. We recognize that any work within 100 feet of the determined wetlands will require filing with the Conservation Commission. 4/1/94 1 -1 N%NW ..d 4. The owner(s) of the area, if not the person making this. request, has been given written notification of this request on (date). The name(s) and address(es) of the owner(s): Elizabeth J. Olbris et al. 186 North Farms Road Northampton, MA 01060 Phone: 584 -2988 5. I have filed a complete copy of this request with the appropriate regional office of the Massachusetts Department of Environmental Protection (date). DEP Northeast Regional Office 10 Commerce Way Woburn, MA 01801 DEP Central Regional Office 75 Grove Street Worcester, MA 01605 DEP Southeast Regional Office Lakeville Hospital Route 105 Lakeville, MA 02347 DEP Western Regional Office State House West, 4th Floor 436 Dwight Street Springfield, MA 01103 6. I understand that notification of this request will be placed in a local newspaper at my expense in accordance with Section 10.5(3)(b) 1 of the regulations by the Conservation Commission and that I will be billed accordingly. Signature Address: 1 tr et Northampton. MA 01060 Name: Kevin W. Heafey Phone: (413 ) 584 -1871 Our consultant will be available for on -site review with the Commission prior to the public meeting on the matter. To schedule a review, please contact our consultant listed below. Also please provide copies of correspondence and notices to: I Charles H. Dauchy Phone: (413) 548 -8005 Environmental Consultant 24 Old Long Plain Road, RFD #3 Amherst, MA 01002 -9519 4/1/94 1 -2 I Arta. I Final Report / Certificate of Compliance Massachusetts Forest Cutting Practices Act File No. NS,Z ° 08 TOWN /UoIZTi,AL� ROADa V o2 ?N FAiZ -� Tot, LANDOWNER ADDRESS N A aZ U ,�! L 4 i3 GS OPERATOR �L�;NWa � c, _. c ADDRESS ��,k Z�� �1���,lae,a�jaj jgt 1 -M,— AGENT ADDRESS DATE CUTTING BEGAN4 $g ;DATE CUTTING COMPLETED 1 - (o- S,g ; ACRES ,e !o VOLUME CUT BY SPECIES AS PROVIDED BY: LANDOWNER ;OPERATOR - ;CONSULTING FORESTER ESTIMATED VOLUME BY.SPECIES: BOARD FEET, CORDS OR PERCENTAGE WHITE PINE jop M ASH HICKORY RED PINE ASPEN SUGAR MAPLE PITCH PINE BEECH RED MAPLE HEMLOCK S1 (.ifb WHITE BIRCH RED OAK_ SPRUCE YELLOW BIRCH jIf WHITE OAK r b OTHER SOFTWOODS BLACK BIRCH OTHER OAKS BLACK CHERRY OTHER TOTAL VOLUME CUT: ($p M BOARD FEET; /O CORDS WERE CONDITIONS OF APPROVED CUTTING PLAN SUBSTANTIALLY COMPLIED WITH? j YES F NO WETLANDS: WERE CONDITIONS OF FORM WL SUBSTANTIALLY COMPLIED WITH? E A YES Q NO Q N/A STEEP SLOPES: WERE CONDITIONS OF FORM SS SUBSTANTIALLY COMPLIED WITH? Q YES Q NO N/A SIGNATURE 0..._' eL . - Z - DATE / � $ 9 DIRECTOR'S AGENT -FO TER „C < -Om F,. FitEL4>\h5.IT:II- 22- sSa'„( jz- S9/�r -( WERE CONDITIONS OF THE "SLASH LAW" (M.G.L. CH. 48, SEC. 16) COMPLIED WITH? YES U NO SIGNATURE DATE / /-� V DIRECTOR'S AG NT— STRICT FIRE WARDEN Notice of Intent / Forest Cutting Plan I.G.L. Ch. 132, Secs. 40-46) Division of Forests & Parks PLEASE PRINT OR I ATTACHMENTS Steep Slope Form(SS)— Wetlands Form (WL) F OR D.E.M. USE ONLY Master Map Locus Map Special Maps lwo� Page - -- 1 - = _of /,7 Date Received /f -z -,;' File Number TOWN N O (Z �D �["HF� ROAD I � -E �f�Rr� LANDOWNER �E,Q AV(E C) BR15 ADDRESS ly4 Al, FR,e,-45 R©, A)oe r",wPr TEL SRy-�98 OPERATOR g As H wAY i'O GG(KJ G t 'z• rS C ADDRESS Box a31, (.yl[ L/RMSBuk6 TEL *HARVESTING LICENSE NUMBER o0(A-- lgf3f3 ;EST. DATE CUTTING TO BEGIN / aLP -3� oo AGENT NJ /� ADDRESS { 3 a,� 7 ACRES CUT yn ;VOL-CUT: BOARD FEET TEL TREE FARM NUMBER (OPTIONAL) N/A ;CORDS DESCRIPTION OF AREA TO BE CUT S ''' 1. FOREST TYPE: A pjt ,IE HEM , B C D 2. ACRES: A Af0 B C D (ENTER APPROPRIATE STAND LETTER(S) FOR NOS. 3, 4, & 5) 3. PURPOSE(S) OF CUT: HARVEST A ;IMPROVEMENT ;SALVAGE ;WILDLIFE HABITAT IMPROVEMENT ;AESTHETIC OR RECREATION ;WATER MANAGEMENT 'OTHER 4. SOURCE OF REGENERATION: ADVANCE GRO ;SEEDING FROM CUT TREES SPROUTS SEEDING FROM SURROUNDING /RESIDUAL STAND PLANTING DIRECT .SEEDING ;OTHER (FitJAL Cvj aF 3 CUT StIELTF- 5. HARVEST SYSTEM USED: SELECTION CUT ;SHELTERWOOD CUT - "16 TREE CUT COPPICE ;COPPICE WITH STANDARDS ;CLEARCUT ;SALVAGE CUT SPECIAL HARVEST CUTTING (ATTACH EXPLANATION) ;INTERMEDIATE CUT 6. DESIGNATION OF TREES TO BE CUT: INDIVIDUALLY MARKED TO BE CLEARCUT DESIGNATED BY MARKED TREES OR FLAGGING OF BOUNDARY ;OTHER (SPECIFY SPECIES, DIAMETER, SIZE, & MARK BOUNDARY) ETC.) '- 7. ESTIMATED VOLUME BY SPECIES: BOARD FEET, CORDS OR PERCENTAGE (OPTIONAL) WHITE PINE ASH HICKORY RED PINE ASPEN PITCH PINE BEECH HEMLOCK y5M WHITE BIRCH SPRUCE YELLOW BIRCH " OTHER SOFTWOODS BLACK BIRCH LOGGING AND ENGINEERING BLACK CHERRY 8. MEASURES PLANNED TO CONTROL EROSION (CHECK): a. LAY OUT AND CLEAR ROADS IN ADVANCE b. LAY OUT AND CLEAR MAIN SKID ROADS IN ADVANCE c. WATER BARS d. HAY IMPOUNDMENTS e. SEEDING DISTURBED SOIL f. REPAIRING RUTS g. CULVERTS h. BRIDGES i. CROSS STREAMS AT RIGHT ANGLES j. STOP SKIDDING DURING MUDDY CONDITIONS k. OTHER: SUGAR MAPLE RED MAPLE RED OAR / SM WHITE OAK OTHER OAKS OTHER ROADS LANDING x_ XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX X_ *SEE FOOTNOTES a., b., & d. ON THE REVERSE SIDE Page of 9. a. WIDTH OF BUFFER STRIPS ALONG PUBLIC WAYS: 50 FT. ,100 FT. b. WIDTH OF BUFFER STRIPS ALONG WATER BODIES: 50 FT. ;100 FT. c. PLAN TO CUT LESS THAN 50% IN BUFFER STRIPS: YES X ;NO SHOW LOCATIONS ON ANY SUPPLEMENTARY MAPS ATTACHED TO FORMS WL AND SS. 10. MEASURES TO CONTROL MUD ON PUBLIC HIGHWAYS: a. GRAVEL OR MULCH ACCESS ROAD b. STOP TRUCKING DURING MUDDY CONDITIONS; c. CLEAN MUD FROM HIGHWAYS 11. ARE CRITICAL AREAS INVOLVED? a. WETLANDS: YES ; NO X. IF YES, COMPLETE FORM WL. b. STEEP SLOPES (OVER 30% FOR 200 FT.): YES ; N0�_. IF YES, COMPLETE FORM SS. 12. CHECK IF LAND IS UNDER CHAPTER 61 or CHAPTER 61A MANAGEMENT PLAN NO. ;EST. STUMPAGE VALUE "$ ARE BOUNDARIES WITHIN 50 FT OF CUTTING AREA PAINTED /BLAZED? YES NO 13. REMARKS/ COMMENTS: MIXTUR 70 OV£RMA - rL)pE STR OF PINE `t- HEMLc , kAS NRD AT L - EAST a P KEVIo(J S PAP -r(Al- Cu` - riNGS wHic�-t tAAVE RECE r-):& E D w E (-L TO Cvr wlt-L t\EmovE QRi -ANcG OF MATt�)OE t Ir eER wk7�k1 PESiD�'aL Tt;EES PAD 1`�F�TU�A� SccDiNC PRo"'NG R E G ENF C,q r`i v iJ IE V I S I I 5 61 At-1 14. SIGNATURE R ON PREPAR !!�P ING TH ,P AN IF OTHER TR LANDOWNER: SIGNATURE L DATE o`L B 15. SIGNATURES OF LANDOWNERS(S): WARNING: THIS PLAN, ONCE SUBMITTED BY THE LA NDOWNER AND NOT DISAPPROVED BY THE DIRECTOR, HAS THE FORCE OF LAW; AND FAILURE TO FOLLOW THE PLAN AND THE LOGGING AND SKID ROAD STANDARDS OR FAILURE TO COMPLY WITH THE SLASH LAW (M.G.L. CHAPTER 48, SECS. 16 & 16A) MAY MAKE THE LANDOWNER AND /OR TIMBER HARVESTER SUBJECT TO THE PENALTIES BY LAW. t I(WE) HEREBY CERTIFY THAT I(WE) HAVE THE LEGAL AUTHORITY TO CARRY OUT THE ABOVE DESCRIBED OPERATION. FAILURE TO ACCURATELY UPDATE THE MATERIAL HEREIN REQUIRED AND PROVIDE OTHER RELEVANT INFORMATION CAN RESULT IN THE VOIDING OF THIS - PLAN. DATE I6 e7 LANDOWNER SIGNATURE r PLAN APPROVED ✓ DATE 12 -3 PLAN DISAPPROVED DATE THIS APPROVAL ' t S OF ONLY THE CUTTING PLAN AND IN NO WAY DETERMINES THE RIGHT TO CARRY OUT THE DESCRIBED OPERATION. FILE (WORK ORDFR) NO. 57- — D ,TOR'S AGENT - FOR TER A + EXPIRATION DATE tt -2- f39 PLAN COMPLETION DATE EXTENDED TO DATE DIRECTOR'S AGENT - FORESTER IMPORTANT: a. IT SHALL BE THE LANDOWNER'S RESPONSIBILITY TO INFORM THE DIRECTOR OR HIS AGENT OF INFORMATION LEFT BLANK ON THE FORM INCLUDING THE OPERATOR'S NAME AND LICENSE NUMBER AND ANY SUBSTANTIAL CHANGE IN THE DATE THE CUTTING IS TO BEGIN. FAILURE TO DO SO MAY RESULT IN VOIDING THIS PLAN. b. PERSONS HARVESTING FOREST PRODUCTS COMMERCIALLY IN MASSACHUSETTS MUST BE LICENSED UNDER SEC. 46, CH. 132 OF THE GENERAL LAWS, AND ARE HELD RESPONSIBLE FOR COMPLYING STRICTLY WITH A SUBMITTED /APPROVED CUTTING PLAN. c. IF AN AGENT IS APPOINTED, A WRITTEN AUTHORIZATION MUST ACCOMPANY THIS PLAN AND MUST BE SIGNED BY THE AGENT AND THE PRINCIPAL (LANDOWNER). d. A LOCUS MAP AND MASTER MAP ARE REQUIRED_ (SEE INSTRUCTIONS). Date / Page 5, 19of FORM WL 1. THE FOLLOWING WETLAND SITUATIONS EXIST: (check those used) A. Stream crossings (indicate location(s) on map by number) NON5 Method of Crossing Is Structure Loc. on Ma Ford Bridge culvert Other(describe) permanent temporary A -1 A -2 A-3 A -4 t B. CROSSING of wetland areas (swamps, land subject to flooding, bordering vegetative wetlands, etc.) To Be Done When Ground Is: # Loc. on Map Dry Frozen Special Provision (see #4 ) If crossing B -1 ✓ B -2 is by a cause - way, then de- B - B -3 scribe on a separate sheet C. LOGGING of wetland areas (swamps, land subject to flooding, bordering vegetative wetlands, etc.) To Be Done When Ground Is: # Loc. on Map Dry _ Froz n Special Provision (see #4) C -1 P _ NOTE: Not over C - 50% of Basal C -3 Area may be cu C - 4 at one time. 2. MAPS In simple situations, wetlands and operations may be shown on the master map. More complex situations may require a supplementary map to accompany this form. In any event, the following items must be clearly shown: A. All wetland areas in and around the area to be operated. B. Filter strips 50 feet wide along all water bodies. C. Portions of filter strips to be crossed by logging equipment (see 3 below) D. Buffer strips of 50' or 100' along all water bodies (see cutting plan #9). E. Location of truck roads, landings, or main skid roads (including stream cros,s by ford) located within the wetland areas. F. Location of water control structures such as bridges, culverts, hay impoundments and sections of roads needing water b s. G. Is a supplementary map attached? Yes ; No x/ 3. Specific reason(s) for operating logging equipment within filter strips: 4. If crossing or logging of wetland areas is to be done by special provision see I.B. or C. above), describe: a.) The special provisions; and b.) why the operation is not feasible when soil is dry, frozen or otherwise stable. NOTE: DO NOT REFUEL OR CLEAN ANY E UIPMENT WITHIN_100 FEET OF A WRTT.A ADVAI APPROVED dL 1 Wetlands File No. Massachusetts Forest Cutting Practices Act Division of Forests & Parks Landowner Signature 0 a - o -� DISAPPROVED Date DIRECTOR'S AGED' - FORESTER JUN I.C" 1968 - OFFICE OF PLANNING AND DEVELOPMENT All fo S c V if c , �-- b ob Pi New i— ArJ � 1 t Mai SKIDIZ °AP , %No" •-.0V Al/ ./a," -/ (Y b wet,- - Z g ll ,5 e .l ar A c O L FI B 14S 2- 5)- 88 - ',..ice.`. ►„"•';.:.�.:;_ __ _ _ - _ _- - _ - - - _ . '_ _ .:4.i, -' - - `''� ��:rc dyu 1, f SK�vQQ�� c« a! U ti A . /&� - «/� . . _ g Q * S / « � ^: g � �\ � � 2 " � G \ � � � » 2 ' ( G / > \ \ C) / ® / 3 / / §'