12-029G fitzgerald lake conservation310 CMR 1C. 99
Form 8
_ Commonwealth
of Massachusetts
MAP ID. # 12 -029
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
NORTHAMPTON WETLANDS PROTECTION ORDINANCE
From Northampton Conservation Commission Issuing Authority
To North Cons. Commission City HaZZ, 210 Main Street, Northampton, MA
(Name)
DEP Foie No 246 - 149
i ?c oe orovioee ov DEP)
Cm 7owr Northampton
A= can: Conservation Commi
(Adoress;
Date of Issuance Apri Z 23, 1990
This Certificate is issued for work recuiated by an Order of Conditions issued to _Northampton Conserv
Commission cated June 2, 1986 and issued by the Conservation Commissio
1 . It is hereby certified that the worK regulated by the above- referenced Order of Conditions has
been satisfactorily completed.
2. = It is hereby certified that only the following portions of the work reguiated py the above refer
enced Order of Conditions have been satisfactorily completed: Ill the Certificate of Compiiance
does not inciude the entire project. specify what portions are inciuoed. )
3. _ It is hereby certified that the work regulated by the above - referenced Order of Conditions was
never commenced. The Oroer of Conditions has lapsed and is therefore no longer v0d. No future
work subject to regulation unoer the Act may be commenced without fiiin_ a new Notice of intent
anc receiviric a new Order of Conditions.
.......... ............................... ..............................
(Leave Space Blank)
et reyr-, yct S" / - -P )
L J h 4- {. ✓ -• V o c / 4. - a
G- r
U
effective 1 . 1 /1 o/s
4. This certificate shall be recorded in the Registry of Deeds or the Land Court for the district In
which the land is located. The Oroer was originally recorded on (date)
at the Registry of Book , Page
5. The following conditions of the Order shall continue: (Setforth any conditions contained In the
Final Orcer, such as maintenance or monitoring, which are to continue for a longer period.)
Maintenance of the road, incZuding regrading and pZacement of additionaZ
graveZ in pond gullys, is permitted, provided that the roadway eZevation
and width not change and adequate measures be undertaken to prevent erosion.
Issued by Northampton Conservation Commission
Sicnaturefs)
\ G
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this 23rd day of APRIL
r� , 19 90 ,before me
Personally appeared Q/ A v _7!V ��.�+! �� - ,tome known to be the
person cescribed in and who executed the forecoing instrument and acknowledged that hershe executed
the same as his /her free act and deed.
Notary Puoiic
WAYNE M. FEIDSN
NOTARY PUBLIC
,my COMM1ri19ION 6x0tRES JAUL IB, I s"
My commission expires
Detach on dotted line and submit to the Northampton Conservation Commis
To Northampton Conservation COmmiSSion Issu Authority
Please be acvrsed mat the Certificate of Comonance for the orol at. Fitzgera Zd Lake Conservation Area
i=iie Numoer 246— 149 nas been recoreec at the Registry of Hampshire County
arc has teen rotec ^. .re cna n or t!ve c: .re artec;ec orccerty or
caterec :anc.: cccumenr number .vr�c. ^, :ce ^.at�es ;.na ;rznsact:bn a
icolicant
R_7
Form 5
DEQE File N o. 246— 149
(To be provided by DEQE)
Commonwealth City /Town Northampto
of Massachusetts Applicant p . Northamton onG a tior
Commission
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
Fro the Northampton Conservation Commission
To Northampton Conservation Commissio same
(Name of Applicant) (Name of property owner)
,Address City Hall, 210 Main St., Northa mPAddress
This Order is issued and delivered as follows:
® I by hand delivery to applicant or representative on June _3_, 1986 (date)
❑ by certified mail, return receipt requested on
(date)
This project is located a t Fitzgerald T g k p C A--pg N Farms Rnad
The property is reco7ded at the Registry of Deeds, Hampshire County
Boo Page
Certificate (if registered)
The Notice of Intent for this project was filed on May 5, 1986 (date)
The public hearing was closed on May 12, 1986 (date)
Findings
The _Narthamztnn c�n�P, .,� r; r m., ; �lnn 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 Conservation Com mission 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
❑ Private water supply
® Ground water supply
® Flood control
ER Storm damage prevention
❑ Prevention of pollution
❑ Land containing shellfish
❑ Fisheries
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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 con ion C'ommi s s; a„ orders that all work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol-
lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
General Conditions
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state or local statutes, ordinances, by -laws or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless
either of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act; or
(b) the time for completion has been extended to a specified date more than three years, but less than
five years, from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or de-
bris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, �
refrigerators, motor vehicles or parts of any of the foregoing.
7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if
such an appeal has been filed, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the land
Court for the district in which the land is located, within the chain of title of the affected property. In the
case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of registered land, the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the
on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the words, "Massachusetts Department of Environmental Quality Engineering,
File Number 246- 149
10. Where the Department of Environmental Quality Engineering is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shall be a party to all'agency proceedings
and hearings before the Department.
1 1 . 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:
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Plans:
Title Dated Signed and Stamped by: On File with:
Layout Plan
submit with Notice of Intent N'ton Consv. Comm. &
DEQE
Special Conditions (Use additional paper if necessary)
1) All construction areas shall be restored to roginal condition or better
upon completion of the project, including vegetation;
2) No areas within the 100 year floodplain nor within 100 feet of a wetland
area, as defined in Chapter 131, Section 40, M.G.L., shall be permissable
disposal sites, unless otherwise approved by the Conservation Commission;
3) Excavated material and topsoil stockpiles shall be located and stabilized so
as to minimize washing into wetland areas or waterways;
4) Adequate measures shall be taken to prevent erosion and siltation of all
disturbed areas;
5) This Order Of Conditions shall apply to any successor in interest or successor
in control L
6) Members and agents of the Conservation Commission shall have the right to
enter and inspect the premises to evaluate compliance with the Conditions
and to require the submittal of any data deemed necessary by the Commission
for that evaluation;
7) All work shall conform with the provisions of the Notice of Intent:
8) The roadway shall not be built above its pre- existing elevation, nor exceed
its pre- existing width.
. .................................................................................. ...............................
(Leave Space Blank)
5 -3A
Issued By No r t h amR t on Cortservatlon Commisaion
This Order must be signed by a majority of the Conservation Commission.
On this_
personally
of
19 . before me
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.
�,.e., -,.� pit_ cd� 1
Notary Public My commission expires
The applicant. the owner. any person aggrieved by this Order. any owner of Ind abutting the land upon which the proposed worts I to
be done or any ten residents of the city or town In which such Ind Is located are hereby notified of their right to request the Department
of Environmental Duality Engineering to issue a Superseding Order. providing the request I made by certified mail or hand delivery to
the Department within ten days from the date of Issuance of this Order. A Copy of the request &bait at the same Urns be sent by certified
mail or hand delivery to the Conservation Commission and the applicant.
Detach on dotted line and submit to the Nor thamp ton Conservatinn COMIni -S- CW lor to commencement of work.
......._ ..................._.........».._...... ............_..........._...._.
To Northampton Conservation Comm l8cinn
Issuing Authority
Please be advised that the Order of Conditions for the project a
FdeNumber 246- has been recorded at the Registry of Deeds Hamnshirp rciiintlz and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on . t 9—
It recorded land. the instrument number which identifies this transaction Is
It registered land. the document number which identifies this transaction
Signature
Applicant
5 -4A
f
ti
Form 4
DEQE File No. 246- 1 11_9
(To be provided by DEQE)
Commonwealth City/Town Northampton
Of Massachusetts Northam Consprva
- � Applicant r t
Commission
Y
Abbreviated Notice of Intent
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
To be used only for projects of minimum impact, as described In the General Instructions for Completing the
Notice of Intent.
1. Location: Street Address Fitzgerald Lake North Farms Road Lot Number,
2. Project: Type Limited Pro ject -10 53 (3. f ) Description Normal maintenac
of access roadway to Fitzgerald Lake Conservation Area Work will include the
filling in of potholes and new gravel surface
3. Registry: County Hampshire Current Boo & Page
Certificate (If Registered Land)
4. Applicant: Northampton Conservation Commission T 6 -6950 X263
Address: City Hall. 210 Main St. Northampton MA 01060
5. Property Owner: same Tel.
Address:
6. Representative:
Tel
Address___
7. Have the Conservation Commission and DEQE Regional Office each been sent, by certified mail or
hand delivery, 2 copies of comDleted Notice of Intent, with supporting plans and documents?
Yes 12 No - IJ
8. Have all obtainable permits, variances and approvals required by local by -law been obtained or applied
for? Yes ® No ❑
Obtained: Applied For: Not Applied For:
Wetlands Permit
9. is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c. 131, §40A or G.L.
c. 130, §105? Yes ❑ No �7This land was purchased by the Northampton Conservation
Commission in confomance with Chpt 40 Section 8C M.G.L., with Self -Help Funding.
10. List all plans and supporting documents submitted with this Notice of Intent.
Identifying
Number /Letter
Title /Date
PLAN 1 Layout Plan
4 -1
1 1. For work proposed within the Buffer Zone (as defined in Part I, Sections 10.02(2) and 10.04 of the reg-
ulations) describe, with reference to supporting plans and calculations where necessary:
(a) The size, shape, type and location of the proposed work. The access road to the Fitzgerald If
Lake Conservation Area is about 100 feet long and is bordered at various .poiuts
on both sides by a vegetated wetland. The use of this access road by four wheel
drive vehicles during muddy periods has rendered the roadway virtually impassab]
to other vehicles. It is necessary to fill the potholes and mudholes and to
spread a new layer of gravel and /or trap rock dust to improve the road to a
passable state. Original estimates called for the use of approximately 90 -95
cubic yards of gravel /trap rock dust for the access roadway nd
y parking area.
(b) Mitigating measures and designs to insure that the proposed work will not alter the resource area
which said Buffer Zone borders; or if it will alter said resource area, the mitigating measures and
designs proposed to meet the performance standard established for that resource area in Part II
or Part III of these regulations. The roadway does not fall within a floodplain so
compensatory flood storage is not an issue. No construction vehicles, nor
any gravel /trap rock dust will exceed the present limits of the existing road
way. No widening or raising of the road beyond its original limits will occur.
There will be no displacement of any existing vegetated wetlands. Hay will be
spread and /or hay bales will be staked as required at those points where
erosion or washing of the gravel /trap rock dust might occur into the vegetated
wetlands.
12. For work proposed within Land Subject to Flooding (as defined in Part III, Section 10.57(2) of the reg-
ulations) describe, with reference to supporting plans and calculations where necessary:
(a) The size, shape, type and location of the proposed work.
(b) Mitigating measures and designs proposed to meet the performance standards set forth in Part III,
Section 10.57(4) of the regulations.
The work being proposed does not occur in a Floodplain area.
I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying
plans, documents and supporting data are true and complete, the best of my knowledge.
Signature of Applicant Lawrence B. Smith, Senior Planner
on behalf of the Northampton Conservation Commission
Signature of Applicant's Representative
Date May 5, 1986
Date
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City of Northampton, Massachusetts
Office of Planning and Development
City Hall • 210 Main Street
Northampton, MA 01060 • (413) 586 -6950
• Community and Economic Development
• Conservation . Historic Preservation
• Planning Board • Zoning Board of Appeals
PUBLIC HEARING NOTICE
The Northampton Conservation Commission will hold a Public Hearing
on Monday evening, May 12, 1986 at 7:15 PM in the Council On Aging Meeting
Room, located in Memorial Hall, 240 Main Street, Northampton, MA
as required by M.G.L. Chapter 131, Section 40, The Wetlands Protection Act, on
the Notice of Intent filed by the Northampton Conservation Commission to
fill in potholes and spread gravel on the access road to the Fitzgerald Lake Con—
servation Area, located off of the easterly side of North Farms Road in Northampton.
Copies of the Notice of Intent and plans are available for public in—
spection during regular business hours at the Northampton Office of Planning and
Development, City Hall, 210 Main Street, Northampton, Mass.
Jonathan Roche, Chairman
Northampton Conservation Commission
To be published: May 7, 1986
To be paid for by: Northampton Conservation Commission
City Hall, 212 Main St.
Northampton, MA
I/
Form 4
TU Commonwealth
of Massachusetts
/a����
DEQE File No. 246— 1 �` } 1.
(To be provided by DEQE)
Applicant Northamptnn CnnaPr . - tio ,
Commission
Abbreviated Notice of Intent
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
To be used only for projects of minimum impact, as described In the General Instructions for Completing the
Notice of Intent.
1. Location: Street Address Fitzgerald Lake North Farms Road Lot Number
2.Project:Type Limited Project -10 ';'I (I f ) Description___ Normal maintena e
of access roadway to Fitzgerald Lake Conservation Area Work will include the
filling in of potholes and new gravel surface
3. Registry: County Hampshire Current Boo — & Page
Certificate (If Registered Land)
4. Applicant: Northampton Conservation Commission TeP -6950 X263
Address: City Hall, 210 Main St Northampton MA 01060
5. Property Owner: same Tel.
Addre
6. Representative: Tel.
Address
for? Yes ID No ❑
Obtained: Applied For: Not Applied For:
Wetlands Permit
7. Have the Conservation Commission and DEQE Regional Office each been sent, by certified mail or
hand delivery, 2 copies of comDleted Notice of Intent, with supporting plans and documents?
Yes ER No • El
8. Have all obtainable permits, variances and approvals required by local by -law been obtained or apDlied
9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c. 131, §40A or G.L.
c. 130, §105? Yes ❑ No �7 This land was purchased by the Northampton Conservati
Commission in confomance with Chpt 40 Section 8C M.G.L., with Self —Help Funding.
10. List all plans and supporting documents submitted with this Notice of Intent.
Identifying
Number /Letter Title /Date
PLAN 1 . Layout Plan
4 -1
1 1. For work proposed within the Buffer Zone (as defined in Part I, Sections 10.02(2) and 10.04 of the reg-
ulations) describe, with reference to supporting plans and calculations where necessary:
(a) The size, shape, type and ! ocation of the proposed work. The access road to the Fitzgerald If
Lake Conservation Area is about 100 feet long and is bordered at various-.points
on both sides by a vegetated wetland. The use of this access road by four whee
drive vehicles during muddy periods has rendered the roadway virtually impassab
to other vehicles. It is necessary to fill the potholes and mudholes and to
spread a new layer of gravel and /or trap rock dust to improve the road to a
passable state. Original estimates called for the use of approximately 90 -95
cubic yards of gravel /trap rock dust for the access roadway and parking area.
(b) Mitigating measures and designs to insure that the proposed work will not alter the resource area
which said Buffer Zone borders; or if it will alter said resource area, the mitigating measures and
designs proposed to meet the performance standard established for that resource area in Part II
or Part III of these regulations. The roadway does not fall within a floodplain so
compensatory flood storage is not an issue. No construction vehicles, nor
any gravel /trap rock dust will exceed the present limits of the existing road
way. No widening or raising of the road beyond its original limits will occur.
There will be no displacement of any existing vegetated wetlands. Hay will be
spread and /or hay bales will be staked as required at those points where
erosion or washing of the gravel /trap rock dust might occur into the vegetated
wetlands.
12. For work proposed within Land Subject to Flooding (as defined in Part III, Section 10.57(2) of the reg-
ulations) describe, with reference to supporting plans and calculations where necessary:
(a) The size, shape, type and location of the proposed work.
(b) Mitigating measures and designs proposed to meet the performance standards set forth in Part Ill,
Section 10.57(4) of the regulations.
The work being proposed does not occur in a Floodplain area.
I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying
plans, documents and supporti data are true and complete the best of my knowledge.
Signature of Applicant Lawrence B. Smith, Senior Planner Date May 5, 1986
on behalf of the Northampton Conservation Commission
Signature of Applicant's Representative
4 -2
Date