29-077 (3) Issued Northampton Conservation Commission Conservation Commission
Signatures) kl
This Order must be signed by a majority of the Conservation Commission.
On this 10th day of August 19 83 , before me
personally appeared Patrick Melnik ,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 a t and deed.
'�. z' . ; >�� _ September 29, 1983
Notary Public My commission expires
The applicant,the owner,any person aggrieved by ttVs 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 Ouality Engineering to issue a Superseding Order,providing the request is 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 shall-at the same time be sent by certified
mail or hand delivery to the Conservation Commission and the applicant.
Detach on dotted fine and submit to the Northampton Conservation Commis s iororlor to commencement of work.
..................................................................................................................................................................................................................
To Northampton Conservation Commission Issuing Authority
Please be advised that the Order of Conditions for the project at Ac rebrook Drive
FlleNumber 246-109 has been recorded at the Registry of Deeds, 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
5-4A
Special Conditions (continued)
9) No fill may encroach on abutting properties;
10) No additional fill, paving or structures may be placed, nor may any regrading
take place on the remaining areas of the lot.
5-3B
Plans:
Title Dated Signed and Stamped by: On File with:
drawing of proposed Conservation Commission
land development sub-
mitted with Notice Of
TnLenL DEQE
Special Conditions(Use additional paper if necessary)
1) All construction areas shall be restored to original conditions or better
upon completion of the project, including vegetation;
2) No areas 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) This Order Of Conditions shall apply to any successor in interest or successor
in control;
5) Members and agents of the Conservation Commission shall have the right to
enter and inspact the premises to evaluate compliance with the Conditions and
to require the submittal of any data deemed necessary by the Commission for
that evaluation;
6) The single family structureshall be placed as close to the westerly side yard
line as zoning permits, subject to Special Condition #8 & #9.
7) The single family structure shall be placed as close to the front yard line
as zoning permits;
8) Fill may be brought into that area of the lot, thirty feet deep from the front
yard property line, not to exceed in height that of the roadway (Acrebrook Drive),
for the width of the building. From there the fill shall be placed at a 2/1 slope
........to.-mee.t...the -s-ur•round.i.ng. .existing_g.rade.;.......................................................................................
(Leave Space Blank)
5-3A
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 Commission orders that all work shall be performed J40.
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 Commission
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 246-109
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.
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:
5-2
d
t
Form 5
DEOE Fill f+b. 246-109
1
-2-1 - 77 i _ (To be provided by DEC6)
Commonwealth City/Town nrtham�t
of Massachusetts
Applicant M 7 r]a c r S
Order of Conditions
Massachusetts Wetlands Protection Act
Q.L. c. 131, X40
Free► Northampton Conservation Commission
To Thomas & Kathleen Mathers Robert Burger
(Name of Applicant) (Name of property owner)
Address 611 Riverside Drive Address 70 Acrebrook Drive
This Order is issued and delivered as follows:
O by hand delivery to applicant or representative on (date)
U by certified mail,return receipt requested on August 11, 1983 (date)
This project is located at Ar•rphrnnlr nri-iLe
The property is recd at the Registry of Deeds, Hampshire County
Book 1748; Page 343
Certificate(if registered)
The Notice of Intent for this project was filed on August 1. 1983 (date)
The public hearing was closed on A„g,,G r R, 19 R R (date)
Findings
The Northampton Conservation Commission has reviewed the above-referenced Notice ot
Intent and plans and has held a public hearing on the project.Based on the information available to the
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):
O Public water supply ID Storm damage prevention
O Private water supply 0 Prevention of pollution
® Ground water supply O Land containing shellfish
i ® Flood control O Fisheries
5.1