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12-029H fitzgerald lake conservationFarm 5 T r Commonwealth of Massachusetts :i Se yy oEQEFwNo. F 246- 224 (To be provided by 0ECE) CitylTown Northampton Applicant Northampton Plannin Department Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, X40 From Northampton Conservation Commission To Northampton Pl D epa rt ment (Name of Applicant) City Hall, 210 Main Street Address Northampton, MA 01060 This Order is issued and delivered as follows: City of Northampton (Name of property owner) Addre SAME L by hand delivery to applicant or representative on 5/1/89 (date) C by certified mail, return receipt requested on (date) This project is located at North Farms Road The property is recorded at the Registry of Hampsh County tap 29 Parcel 12 Boo 195 Page 261 Certificate (if registered) The Notice of Intent for this project was filed on 4/4/89 (date) _ The public hearing was closed on Findings 4/4/89 (date) 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 an 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): l� Public water supply Q Private water supply ® Ground water supply Q Flood control ® Storm damage prevention © Prevention of pollution 5 -1 Q Land containing shellfish © Fisheries Q Protection of wildlife habitat Effective 11 /1 /87 Therefore, the Con servation 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 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 snail control. General Conditions 1. Failure to comply with ail 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 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 amply: (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 cfrcumstances warranting the extended time period are setforthan this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years earn 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 shag 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 ad administrative appeal periods from this Order have elapsed or, if such an appeal has been flied, until ad proceedings before the Oepartment have been completed. 8. No work shag be undertaken until the Final Order has been recorded in the Registry of Oeeds or the Land Court for the distract in which the land is located, within the chain of title of the affected property. In the case of recorded land. the Final Order shag 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 on the form at the end of this Order prior to commencement of the work. 9. A sign shag be displayed at the site not less than two square feet or more than three square feet in size bearing the words, "Massachusetts Oepartment 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 shag 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 snail conform to the following plans and special conditions: 5 -2 Plans: Title Fitzgerald Lake 1" =200' Dated Signed and Stamped by: On File wits: SQec:a.t Conditions (use additional paper if necessary) 1) All construction areas shall be restored to or'ginal condition or better upon completion of the project, including vegetation; Z) No areas within the 100 year floodplain nor within 100 feet of a wetland area, as defined in ("--=car 131, Section, K.G.L., shall be per:aissable disposal sites, unless otherwise approved by the Conservation Commission; 3) Excavated material and topsoil stockpiles shall be located and stabilized so as to minim washing into wetland areas or waterways; 4) Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas; This Order of Conditions shall apply to any successor in interest or successor in controi; 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 reaui:s the submittal of any data deemed necessary by the Commission for that evaluation; 7) (if checked) Upon completion of the project, the Applicant shall submit a statement from the Project Engineer that all work has been done in confo with the provisions of the approved Order of Conditions. ( ) YES ( X) :m0 ................................................................................ ............................... (Leave Space .31 - 3 -3A DEOE File No. 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 ATTACHMENT "A "/NOTICE OF POSSIBLE WETLANDS RESTRICTIONS UNDER M.G.L. C. 131, S.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. 5 -3B r^ Issued 2l' sQrt�Ampton Conservation Commission This Order must be signed by a majority of the Conservation Commission. t,4 p Q Cn this 'D day of �/ 19 J , before me personally appe -5 // �'i D �1 , 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 Pu iic Wayne M. Feiden January 18, 1996 My commission expires The applicant, the owner, any person aggrieved by this Order, any owner of hand 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 thew right to request the Oecartment of Environmental Quality Engineering to issue a Superseding Order. providing the request is made by certified mail or hand delivery to the Oecartrnent within ten days from the date of issuance of this Order. A copy of the request shah at the same time be sent by certified mad or hand delivery to the Conservation Commission and the applicant. Detach on dated line and strbrnitto the Northampton Conservation Commissio to=nmwm ment of work - To Ncrthamvton Conservation Commission Issuing Authority Please be advised that the Order of Conditions for the project at F i t z e r a 1 d Lake C on s e ry a t i on Ar e a Re Number 246 2 2 4 hay been recorded aline Registry of HamD s h i r e and has been noted in the chain of title of the affected property in accordance with General Condition 8 on t 9 If recorded land. the instrument number which identifies this transaction i If registered land, the document number which identifies this transaction is Signature 5 -4A Applicant