12-029E fitzgerald lake conservation310CMR 10.99 DEP File No. F 246-322
(To be provided by DEP)
Form 5 City /Town Northampton
Common Applicant Office of Planni & Development
of Massachusetts City of Northampton
ac
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, 540
and the Northampton Wetlands Protection Ordinance
From Northampton Conservation Commission Issuing Authority To
Office of Planning & Development Conservation Commission of Northampton
(Name of Applicant) (Name of property owner)
Address City Hall /210 Main St, N °ton Address City Hall /210 Main St. Northampton
This Order is issued and delivered as follows:
[XI by hand delivery to applicant or representative on 3 / < �Z41 1 3 (date)
[ ] by certified mail, return receipt requested on (date)
This project is located in Northampton at North Farms Road (Fitzgerald Lake Cons. Area)
The property is recorded at the Registry of Hampshire County
Book 1951
Certificate (if registered) N/A
Page 261
The Notice of Intent for this project was filed on 3/1/93 (date)
The public hearing was closed on 3/22/93
Findings
(date)
The Northampton Conservation Commission as 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):
Ix] Public water supply
[ ] Private water supply
[>q Ground water supply
[X] Flood Control
[X] Storm damage prevention
[X] Prevention of pollution
Total Filing Fee Submitted No fee
[ ] Land containing
shellfish
[ ] Fisheries
[ ] Protection of
Wildlife Habitat
State Share
City Share (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)
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.
9. A sign shall be displayed at the site not less than two square feet or
page 5 -2 (memorex \wp \conscom \order.cc)
more than three square feet in size bearing the works, "Massachusetts
Department of Environmental Protection, File Number 246- 1.
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:
Fitzgerald Lake Conservation Area 3/1/93 N G. I.s. (O. P.D.)
Propose ccessi 1 1 y improvements
All Plans on File with Northampton Conservation Commission
Special Conditions:
13) All construction areas shall be restored to original condition or better
upon completion of the project, including vegetation;
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 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 the U.S.D.A. Soil Conservation Service, "Guidelines for
Soil and Water Conservation in Urbanizing Areas of Massachusetts ".
Placement shall be directed at the site by the project engineer in order
to accomplish maximum control of erosion and ensure than no eroded
materials will reach wetland resource areas. Hay bales must be staked.
Silt fencing must be placed in a dug trench with sufficient porosity to
allow detained water to pass while trapping suspended sediments;
17) The 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) This Order of Conditions shall apply to any successor in interest or
successor in control;
19) Members and agents of the Conservation Commission shall have the right to
enter and inspect the premises to evaluate compliance with the Conditions
and to require the submittal of any data deemed necessary for that
evaluation;
page 5 -3 (memorex \wp \conscom \order.cc)
20) The Applicant shall notify the Commission, in writing, as to the date that
work will be commencing on the project. Said notification must be
received by the Commission no sooner than ten (10) days and no later than
five (5) days prior to the commencement of the approved activity;
21) The owner of the property described in this Order must advise any
potential buyer of the property that any construction upon or alteration
to said property, including brush clearance, may require action by the
Northampton Conservation Commission and any instrument conveying any or
all of the owner's interest in said property or any portion thereof shall
contain language substantially as follows: "This property may be subject
to the Northampton Wetlands Protection Ordinance, the Wetlands Protection
Act, an Order of Conditions, and /or a Determination of Applicability from
the Northampton Conservation Commission ";
22) The contractor is responsible with the applicant and property owner for
any violation and the penalties under the law for such violation. While
all activities regulated by this Order are being performed and during the
construction phase for this project, an on -site foreman, or project
engineer, shall have a copy of this permit at the site, be familiar with
the conditions of this permit, and adhere to such conditions. A copy of
the plans and Order must always be on -site and in all excavating machinery
when work is being performed;
23) All required permits must be obtained from the Planning Board, Zoning
Board, Department of Public Works, & Building Inspector prior to the start
of this project and all permits must be complied with. Army 404 permits
and Water Quality Certifications must be obtained prior to the start of
projects involving fill within wetlands;
24) Upon completion of the project, the Applicant shall submit a statement
that all work has been done in conformance with the provisions of the
approved Order of Conditions and request a Certificate of Compliance. (if
checked) Statement shall be by a Professional Engineer or by a Wetlands
Consultant who has been approved by the Commission:
[ ] YES [>(J NO
25) (if checked) An "As Built" plan shall be included with the project
engineer's statement, detailing the post - development conditions of the
site: [ JYES NO.
*********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
z 7 /1 �/ s'v ce / -/ �/� b - L�• Jrr
,r/ 4 f ,rci/�t- i-r.� � <, uL ✓fi
/ -Ch
page 5 -4 (memorex \wp \conscom \order.cc)
On this 22nd day f March
personally a y 1993, before me
P y ppeared u� 3� „-n ,,' 0,/2 - 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.
WAYNOWAYYt rM. FEIDEN
NOTARMOTAR,Y'PUBLIC
MY COMM 160M R1ammgaaP1 c r
Notary PublicMy commission expires - I 1noa
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 North Farms Road (Fitzgerald Lake) File Number
246- 322 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
Applicant
page 5 -5 (memorex \wp \conscom \order.cc)
This Order must be signed by a majority of the Conservation Commission.