36-305 10 Cardinal Way Certificate of ComplianceHAMPSHIRE
REGISTRY OF DEEDS
DOCUMENT
COVER SHEET
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DOCUMENT TYPE:
NAME REFERENCE:
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2009 00015977
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions
Massachusetts Wetlands Protection Act M. L. c. 131, §40
A. General Information
1. From:
2. This issuance is for (check one): a. Order of Conditions b. Amended Order of Conditions
3. To: Applicant:
Lynne Wallace
a. First Name b. Last Name
c. Organization
1023 Westhampton Road
d. Mailing Address
Florence
e. City /Town
4. Property Owner (if different from applicant);:'..
a. First Name
c. Organization
d. Mailing Address
e. City /Town
5. Project Location:
110 Cardinal Way
a. Street Address
36
c. Assessors Map /Plat Number
Latitude and Longitude, if known:
e. Latitude f. Longitude
6. Property recorded at the Registry of Deeds for: (attach additional information if more than one parcel):
Hampshire
a. County
8268
c. Book
7. Dates:
Northampton
Conservation Commission
d. Page
April 30, 2009 May 28,,
a. Date Notice of Intent Filed b. Date Public Hearing Closed
8. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Plan of Land in Northampton, Massachusetts Hainphiire Registry Prepared for Lynne Wallace
a. Plan Title
Huntley Associates, P.C.
b. Prepared By c. Signed and Stamped by
04/29/2009 1"=30'
d. Final Revision Date e. Scale
f. Additional Plan or Document Title
MA
t'State
'b. Last Name
f. State g. Zip Code
Florence
b. City /Town
305
d. Parcel /Lot Number
246 -633
01060
g. Zip Code
b. Certificate Number (if registered land)
Daniel Stasz
MassDEP File Number:
June 26, 2009
c. Date of Issuance
g. Date
wpaform5.doc rev. 2/27/08 y Page 1 of 10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions
Massachusetts Wetlands Protection Act M:G.L.,c. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. Public Water Supply b. Land Containing Shellfish c. Prevention of Pollution
d. Private Water Supply e. Fisheries;;
g. Groundwater Supply h. Z Storm Damage Prevention i. Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. the following conditions which are necessary in.accordance with the performance standards set
forth in the wetlands regulations. This Commission orders that all work shall be performed in
accordance with the Notice of Intent referenced above;tl e following General Conditions, and any
other special conditions attached to this Order.To the,extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these
conditions shall control.
Denied because:
b. the proposed work cannot be conditioned to meet the performance standards set forth in the
wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice
of Intent is submitted which provides measures: which are adequate to protect these interests, and a
final Order of Conditions is issued. A descr.iption performance standards which the
proposed work cannot meet is attached to this Order:
c. the information submitted by the applicant is not sufficient to describe the site, the work, or the
effect of the work on the interests identified, .the Wetlands Protection Act. Therefore, work on this
project may not go forward unless and until a revised Notice of Intent is submitted which provides
sufficient information and includes measures which` are adequate to protect the Act's interests, and a
final Order of Conditions is issued. A description of the specific information which is lacking and
why it is necessary is attached to this- CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that applybelow (For Approvals Only)
3. Buffer Zone Impacts: Shortest distaneeb'etween'limit of project disturbance and 50
wetland boundary (if available) a. linear feet
Resource Area Proposed, Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. Bank
5. Bordering Vegetated
Wetland
6. Land Under Waterbodies
and Waterways
a. linear feet b. linear feet
a. square4eet; b.•square feet
a. square feet b.- square feet
e. c/y dredged f. c/y dredged
MassDEP File Number:
246 -633
f. Protection of Wildlife
Habitat
c. linear feet d. linear feet
c. square feet d. square feet
c. square feet d. square feet
wpaform5.doc rev. 2/27/08 Page 2 of 10
B. Findings (cont.)
Resource Area
7. Bordering Land
Subject to Flooding
Cubic Feet Flood Storage
8. Isolated Land Subject
to Flooding
Cubic Feet Flood Storage
9. Riverfront area
Sq ft within 100 ft
Sq ft between 100 -200 ft
10. Designated Port Areas
11. Land Under the Ocean
12. Barrier Beaches
Coastal Beaches
Coastal Dunes
Coastal Banks
16. Rocky Intertidal Shores
17. Salt Marshes
18. Land Under Salt Ponds
20. Fish Runs
21. Land Subject to Coastal
Storm Flowage
c. cubic feet
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 5 Order of:, itions
Massachusetts Wetlands Protection Act M.G..L: c. 131, §40
Proposed!'. Permitted
Alteration Alteration
a. squarefeet
e. cubic feet
a. square feet b. square feet
a. total sq.:feet
c. square feet
a. square feet
a. linear feet,
a. c/y dredged
a. square, feet
b. square feet
f. cubic feet
d. cubic feet
b: total sq. feet
d; square feet
g. square -feet h. square feet
b. square feet
c. c/y dredged d. c/y dredged
a. square feet b. square feet
a. square,feet brsquare feet
b ;'{in'ear feet
a. square`feet;, r b. square feet
a. squarefeet b. square feet
a. square, feet b. square feet
c. c/y dredged d. c/y dredged
19. Land Containing
Shellfish a. square feet b. square feet
b. c/y dredged
b. square feet
Proposed
Replacement
c. square feet
g. cubic feet
e. cubic feet
i. square feet
Coastal Resource. Area Impacts: Check all that apply below. (For Approvals Only)
MassDEP File Number:
246 -633
e. square feet
Indicate: size under Land Under the Ocean, below
c. c/y nourishmt.
c. c/y nourishmt.
c. square feet
c. square feet
Permitted
Replacement
d. square feet
h. cubic feet
f. cubic feet
f. square feet
j. square feet
Indicate size under Coastal Beaches and /or Coastal Dunes below
d. c/y nourishmt.
d..c /y nourishmt.
d. square feet
d. square feet
Indicate 'size under_Coastal Banks, inland Bank, Land Under the
Ocean; and /or inland Land Under Waterbodies and Waterways,
above
wpaform5.doc rev. 2/27/08 Page 3 of 10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions
Massachusetts Wetlands Protection Act:M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
MassDEP File Number:
246 -633
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, bylaws, 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 toa specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition 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. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles: or parts of any of the foregoing.
7 This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before; Department have been completed.
8. No work shall be undertaken until the Order has become final and then 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 the registered land,, 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 done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Regi;str,.yofbeeds,:prior to the commencement of work.
9. A sign shall be displayed at the site not less.then.two.square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of;Environmental Protection" [or, "MassDEP
"File Number
246. =633':
wpaform5.doc rev. 2/27/08 Page 4 of 10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental: Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP.
11. Upon completion of the work described herein, th'e applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A) to the Conservation Commission.
12. The work shall conform to the plans and `s pecial conditions referenced in this order.
13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
MassDEP File Number:
246 -633
14. The Agent or members of the Conservatibn•Commission and the Department of Environmental
Protection shall have the right to enter and inspectthe area subject to this Order at reasonable hours
to evaluate compliance with the conditions'stated in Order, and may require the submittal of any
data deemed necessary by the Conservation: Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the property
subject to this Order and to any contractor or other person performing work conditioned by•this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of:'the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained,in.good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his /her designee s hall inspect the erosion controls on
erosion problems that occur at the site and as needed. The applicant shall immediately
control any daily basis and shall remove accumulated sedimen
y p d shall also immediately notify the Conservation
Commission, which reserves the right to.require. additional erosion and /or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.,
18. The work associated with this Order is (1) ,is not (2) subject to the Massachusetts
Stormwater Policy Standards. If the work is subject to the Stormwater Policy, the following
conditions apply to this work and are incorporated into this Order:
a) No work, including site preparation, land disturbance; construction and redevelopment, shall
commence unless and until the construction period pollution prevention and erosion and
sedimentation control plan required by S.tormwater,Standard 8 is approved in writing by the issuing
authority. Until the site is fully stabilized, construction period erosion, sedimentation and pollution
control measures and best managementpractices (BMPs) shall be implemented in accordance with
the construction period pollution prevention and;ero;sion and sedimentation control plan, and if
applicable, the Stormwater Pollution Plan required by the National Discharge Elimination System
Construction General Permit.
wpaform5.doc rev. 2/27/08 Page 5 of 10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions
Massachusetts Wetlands Protection Act M.0.1_4. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
b) No stormwater runoff may be discharged'to' the post- construction stormwater BMPs until written
approval is received from the issuing authority. To: request written approval, the following must be
submitted: illicit discharge compliance staters entrequired by Stormwater Standard 10 and as -built
plans signed and stamped by a registered professional engineer certifying the site is fully stabilized; all
construction period stormwater BMPs and any illicit discharges to the stormwater management system
have been removed; and all post construction stormwater BMPs were installed in accordance with the
plans (including all planting plans) approved by the issuing authority, and have been inspected to
ensure they are not damaged and will function properly.
c) Prior to requesting a Certificate of Compliance, the responsible party (defined in General
Condition 18(e)) shall submit to the issuing authority an Operation and Maintenance (O.& M)
Compliance Statement for the Stormwater This Statement shall identify the responsible party
for implementing the Operation and Maintenance Plan and also state that: 1. "Future responsible
parties shall be notified in writing of their'continuing legal responsibility to operate and maintain the
stormwater management BMPs and implement theP Prevention Plan; and 2. The Operation
and Maintenance Plan for the :stormwater,,AB.MP• is :complete and will be implemented upon receipt of
the Certificate."
d) Post construction pollution prevention and source control shall be implemented in accordance with
the long -term pollution prevention plan section of' approved Stormwater Report and, if applicable,
the Stormwater Pollution Prevention Plan required; by the National Discharge Elimination System
Multi- Sector General Permit.
MassDEP File Number:
246 -633
e) Unless and until another party accepts' responsibility,,the issuing authority shall presume that the
responsible party for maintaining each BMP is` tle'l.andowner of the property on which the BMP is
located. To overcome this presumption,the,landowner of the property must submit to the issuing
authority a legally binding agreement acceptable to the issuing authority evidencing that another entity
has accepted responsibility for maintaining; the`.BMP and that the proposed responsible party shall be
treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through
18(k) with respect to that BMP. Any failure of the'proposed responsible party to implement the
requirements of Conditions 18(f) through 18(k) with respect to that BMP shall be a violation of the
Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving
more than one lot, the legally binding agreement:shall;:also identify the lots that will be serviced by the
stormwater BMPs. A plan and easement: that'grants the responsible party access to perform the
required operation and maintenance must be submittedelong with the legally binding agreement.
f) The responsible party shall operate and maintain`all stormwater BMPs in accordance with the
design plans, the Operation and Maintenance Plan section of the approved Stormwater Report, and
the Massachusetts Stormwater Handbook
g) The responsible party shall:
1. Maintain an operation and maintenance Fog, the last three years including inspections,
repairs, replacement and disposal: (for disposal the log shall indicate the type of material and
the disposal location);
2. Make this log available to MassDEP',and the Conservation Commission upon request; and
3. Allow members and agents of the'MassDEP. and the Conservation Commission to enter and
inspect the premises to evaluate'and ensure that the responsible party complies with the
Operation and Maintenance requirements for each BMP set forth in the Operations and
Maintenance Plan approved by the issuing authority.
h) All sediments or other contaminants from stormwater BMPs shall be disposed of in
accordance with all applicable federal, state, 'and Iocal" laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are
prohibited.
wpaform5.doc rev. 2/27/08 Page 6 of 10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
Form 5 Order of C
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
j) The stormwater management system-approved in the Final Order of Conditions shall not be
changed without the prior written approval of the issuing authority. Areas designated as qualifying
pervious areas for purpose of the Low Impact Site Design Credit shall not be altered without the prior
written approval of the issuing authority.'
k) Access for maintenance of stormwater-BMRs shall not be obstructed or blocked. Any fencing
constructed around stormwater BMPs shall include access gates. Fence(s) shall be at least six inches
above grade to allow for wildlife passage.
Special Conditions (if you need more space for' a'dditio'nal conditions, please attach a text document):
See "Attachment A"
1. Municipal Ordinance or Bylaw
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? Yes
2. The Northampton
Conservation Commission
a. that the proposed work cannot "be conditioned; to, meet the standards set forth in a municipal
ordinance or bylaw specifically
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which 'are adequate to meet these standards, and a final
Order of Conditions is issued.
b. that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
Northampton Wetlands Ordinance Chapter 337 of the
1. Municipal Ordinance or Bylaw' Code of Ordinances
3. The Commission orders that all work shall be performed.,in accordance with the following conditions
and with the Notice of Intent referenced above>''.To "the extent that the following conditions modify or
differ from the plans, specifications, or otherproposals submitted with the Notice of Intent, the
conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space
for additional conditions, attach a text document):,
See "Attachment A"
MassDEP File Number:
246 -633
No
hereby finds (check one that applies):
2. Citation
wpaform5.doc rev. 2/27/08 Page 7 of 10
wpaform5.doc rev. 2/27/06
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions 246'1
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special
condition pursuant to General Conditions #4, from the date of issuance.
Please indicate the number of members who will sign this form:
This Order must be signed by a majority of the Conservation Commission.
The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
Signatures:
On this
Date
Notary Acknowledgement
Commonwealth of Massachusetts County. of.
terk
Day
Before me, the undersigned Notary Public,
personally appeared
As member of 1I 1 111 i City/Town.
)CE I/1/
044,11,i4•4 i.r..
//11111
Place notary seal and /or any stamp above
This Order is issued to the applicant as follows:
by hand delivery on
4
MA
Month l
Year
Name of Document Signer
proved to me through satisfactory evidence of identification, which was /were
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he /she signed it voluntarily fo its stated purpose.
IY•i+
Printed Name of Notary Public
l 2013
My Co mission ExpirOs (Date)
Date
MassDEP File Number:
Vt4n�
1. Date of Issu
2. Number of Signers
Conservation Commission
by certified mail, return receipt requested, on
Su*4€ 2 t 2061
Page 8 of 10
"ATTACHMENT A"
19. Prior to the initiation of any work, the applicant /owner shall submit a letter of
understanding to the Commission stating that he /she has received, read, understands and
shall comply with these Orders. The applicant, and, his or her contractor, foreman and /or
construction manager shall sign the letter of understanding.
20. Prior to the initiation of any work, the applicant shall submit to the Commission a
sequencing plan for construction, and erosion and sedimentation control installation.
21. Prior to the start of any site work, excavation or construction, a pre construction
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. Prior to the pre-construction meeting, all erosion control devices must be
installed.
22. All required permits must be obtained froim tle..applicable federal, state and municipal
agencies and departments prior to the start :of any project.
23. A copy of this Order and associated plans,'s1 all remain on site during all construction
and /or building activities. The project manager aid,all equipment operators shallbe
familiar with the approved plans, and shall be iiiforined of their location on the site.
This location shall be accessible to all contractors whenever work is occurring on
site.
24. All revised plans, referenced within this,Order,.of Conditions, shall be approved -by the
Conservation Commission and incorporated the,permit by reference and shall be
followed during the course of construction
25. The areas of construction shall remain in stabje `condition at the close of each
construction day. Erosion control measures 'Shall be inspected at this time, and
maintained or reinforced as necessary. All such devices shall be inspected, cleaned or
replaced during construction and shall remain,11 place until such time as stabilization of
all areas that may impact resource areas is, permanent. These devices shall also be
inspected to assure that the maximum control has been provided. Any entrapped silt shall
be removed to an area outside the buffer, .zone. and resource areas, and maintained or
reinforced as necessary. Erosion controls shall be.inspected after every rainfall to assure
that.maximum control has been provided,
26. An adequate stockpile of erosion control'materials shall be on site at all times for
emergency or routine replacement and s111 iliclude materials to repair or replace silt
fences, straw bales, erosion control blankets, ripiap, filter berms or other devices planned
for use during construction.
27. Soils exposed for periods greater than two Mo iths'shall be stabilized with erosion control
blankets and netting, a covering of straw Mulch; of 'a temporary cover of rye or other
grass to prevent erosion and sedimentation: Drainage ditches shall be stabilized and
seeded with a native perennial grass mixture. Any stabilization materials such as jute
netting shall be firmly anchored to prevent them from being washed from slopes by rain
or flooding. Preference should be given to'liiodegradable materials.
28. All disturbed areas shall be graded, loained and seeded, or stabilized with erosion control
blankets or netting, and a covering of straw. M lch prior to November 30, of each year.
No disturbed areas or stockpiled materials will be left unprotected or without erosion
control after this date.
29. No disposal of soils or other materials shall be` allowed within: a 100 -year floodplain; 40
feet of the 100 -year floodplain elevation; any wetland; or any area within 100 -feet of a
wetland, unless such areas are specifically' approved by the Commission, in accordance
with 310 CMR 10.00, and City of Nor thaiipton'Oidinances.
4TT146T: 'S�IIRE,
30. Ongoing conditions that shall not expire with the-'issuance of a Certificate of Compliance
are as follows: #33
31. Upon completion of the work covered by this,; the applicant shall submit an as -built
plan, signed and stamped by a registered professional engineer or land surveyor, together
with a written request for a Certificate of;Compiaice
The plan and written request shall specify, any.ways. that the completed project differs
from the plans referenced in the Order. The,as,built.plan shall include, at a minimuun, and
as applicable to the project: elevations of all pipe inverts and outlets, pipe sizes,
materials, and slopes; all other drainage structures; limits of clearing, grading, and fill; all
structures, pavement, and contours within 1.00feet of wetland boundaries; all alterations
within the wetland resource areas; and all dates: of fieldwork.
32. The owner of the property described in tliis;Oider mist advise any potential buyer of the
property that any construction or alteration to. said:, property, including brush cutting or
clearance, may require approval by the Nomthalinpto.n.Conservation Commission.
Any instrument conveying any or all of the owners' interest in said property or any
portion thereof, shall contain language slat to the following:
"This property is subject to the Nor=thampton Wetlands Ordinance and /or
the Massachusetts Wetlands Protection Act. Any construction or major
maintenance work performed on this property requires an Order of
Conditions, and /or a Determination of Applicability from the Northampton
Conservation Commission.
33. Applicant shall place and maintain 3'x3', (min,imunn) boulders along the 50' buffer zone
line (no- disturb area) located on the property.
chat
MARIAN E L. DONOHUE