12-029B north farms road conservationForm 5
rJ
i:1 Sam
OEaE File NO- 246- 224 1
(Ta be prowdea oy OEQE)
Commonwealth
of Massachusetts
City /Town Northampton
Northampton Planning Department
Applicant
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
From Northampton Conservation Commission
To Northampton Planning Department
(Name of Applicant)
City Hall, 210 Main Street
Address Northampton, MA 01060
City of Northampton
(Name of property owner)
Addre SAME
This Order is issued and delivered as follows:
rM by hand delivery to applicant or representative on
5/ 1 /89 (date)
(date)
C by certified mail, return receipt requested on
This project is located a North Farms Road
The property is recorded at the Registry of Hampshire C our t
Map 29 Parcel 12
8aa
1951 _ Page 261
Certificate (if registered)
The Notice of Intent for this project was filed on
4/4/89 (date)
4/4/89 (date)
The public hearing was closed on
Endings
The Northampton Conservation Commission has reviewed the above - referenced Notice of
Intent and plans and has held a public hearing on the project. eased 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):
(2 Public water supply
® Private water supply
® Ground water supply
® Flood control
Q Storm damage prevention
(] Prevention of pollution
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❑ Land containing shellfish
Q Fisheries
❑ Protection of wildlife habitat
Effective 11 / 1 / 87
Therefore, the conservation Commission hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter-
ests checked above. The Conservation Commission orders that ad work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol-
lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
General Conditions
1. Failure to comply with ail conditions stated herein, and with ad related statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges: it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with ad
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 cxcumstances warranting
the extended time period are set forth an this Order.
S. This Order may be extended by the issuing authority for one or more periods of up to three years each f
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 shad be dean fig. containing no trash, refuse, rubbish or de-
bris, including but not limited to lumber, bricks. piaster, wire. lath, paper, cardboard. pipe, tires. ashes.
refrigerators, motor vehicles or parts of any of the foregoing.
7. No work shad 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 shad 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 shad 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 Crder shall also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the Commission
an the form at the end of this Order prior to commencement of the work.
9. A sign shad be displayed at the site not less than two square feet or more than three square feet in size
bearing the words, ",Massachusetts Department of Environmental Quality Engineering,
Fie Number 246-- 224
10. Where the Department of Environmental Quality Engineering is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shall be a party to ad 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 shad conform to the following plans and special conditions:
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Plans
Dated
Signed and Stamped by: on File with:
Title
Fitzgerald Lake 1" =200'
Special Conditions (Use additional P IPI T if )
I All. construction areas shall be restored to original condition or better upon completion of the project,
including vegetation;
Z) No areas within the 100 year flood plain nor within 100 feet of a wetland area, as defined in Chapter 131,
Section, M.G.L., shall be permissable disposal sites, unless o rheraise approved by the Conservation
Commission;
stoc.'cpiles shall be located and stabilized so as to minimize washing into
3) Excavated material and topsail
wetland areas or waterways;
4) Adequate measures shall be taken to prevent erosion and siltation or all disvJrbed areas;
5) successor in interest or successor in cont -oi;
This Order of Conditions shall apply to any
l have the right
b) Members and agents of the Conse_--rat =on Commission shalght to enter and insect the premises
to evaluate compliance with faze Conditions and to require the submittal of any data deemed necessary by
the Commission for that evaluation;
7) (if c.'�eG'ted) Upon completion of the project, the Applicant shall submit a statement from the Project
Engineer that all work has been done in conformance with the provisions of the approved Order of
Conditions.
( ) YES ( x ) Ya
......................
...................
(L'am Space Blank)
5-3A
DEOE File Na 246- 224
Special Conditions (continued)
8) The Applicant shall notify the Conservation Commission, in writing, as to the date that work will be
commencing on the project. Said written notification must be received by the Commission no sooner than
ten (10) days and no later than seven (7) days prior to the commencement of the approved activity.
9) (if checked) The Applicant shall complete and execute the attached ATTA CHMENT "A" /NOTICE OF POSSIBLE
WETLANDS RESTRICTIONS UNDER M.G.L. C. 131, 5.40 relative to
Said ATTACHMENT "A" shall be attached to, become a part of, and shall be filed with this Order Of
Conditions at the Registry of Deeds. The Applicant shall return a copy of the completed and notarized
ATTACHMENT "A" to the Conservation Commission when the bottom portion of Page 5-4A of this Order of
Conditions Of Conditions' is returned. ( ) YES (X) NO
10) Any fill used in this project shall be clean fill only, which can include earth, sand, gravel, rock, and
loam. The applicant is prohibited from using demolition materials, asphalt, large chunks of concrete,
tree stumps and limbs, and general refuse.
11) No work shall be done until approved by the Conservation Commission, in its role
as manager /owner of the property.
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r ...
Conservation Commission
This Order must be signed by a majority of the Conservation Commission. 9
lf,4 R _ 19 before me
On this day of
personally appear s -
y,�9N p y to me known to be the
person described in and who executed the foregoing instrument and acicno that helshe executed
the same as hisiher free act and deed.
January 18, 1996
Pu lic � Or000
M. F
My commission expires
Notary eiden
of Nand abutting butting the land upon which the proposed work is to
The applicant. the owner. airy person aggrieved by this Order. any notified of their right
any wn to request the Department located are h
be done or ty ten residents of the city or to in which ding providing the request is made by certified maA or band delivery to
of Environmental Quality Engineenn9 to issue a Superseding
ce of this order. A Copy of the request shay at the same time be sent by certifi
the Department within ten days from the date of issuan
mail or hand delivery to the Conservation Commission and the applicant•
Oetach an dotted line and submit to the
North ton Conservation Commissiotoortocornmeneern*mofwork
- — lssumq Authority
ro
Fitzgerald Lake Cons = �_�'""
•• A
Please be advised that the order of conditions for the aroleG= ac and
Fie Number 46 - 2 - ' 24 has been recorded at the Regis" of
t9
tx
has been noted in the chain of title of the affected operty in accordance with Cenral condition 8 on
If recorded land. the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Applicant
Signature
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