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08-068 844 king street conservationMassachusetts 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 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. tab remm A. General Information Northampton From: 1. Conservation Commission DEP File Number: Recorded: 12/12/2005 10:15 AM 2. This issuance is for (check one): a. ® Order of Conditions b. ❑ Amended Order of Conditions 3. To: Applicant Kenneth Patel 66 Northampton LLC a. First Name b. Last Name c. Company 117 Conz Street d. Mailing Address MA Northampton g. Zip f. State g. Zip Code e. City/Town 4. Property Owner (if different from applicant): a. First Name b. Last Name c. Company d. Mailing Address f. State g. Zip Code e. City/Town 5. Project Location: 844 North King Street Northampton a. Street Address b. City/Town 08 068 c. Assessors Map /Plat Number d. Parcel /Lot Number 41 59 W Latitude and Longitude, if known (note: 42 10 46 N f. f. Longitude electronic filers will click for GIS locator): e. Latitude at the Registry of Deeds for (attach additional information if more than one parcel): 6. Property recorded Hampshire b. Certificate (if registered land) a. County 7845 337 c. Book 03/28/2005 d. Page 09/08/2005 10/14/2005 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance Approved Plans and Other Documents (attach additional plan or document references as 8. Final needed): Prepared for Kenneth Patel Northampton, Massachusetts a. Plan Title Huntley Associates P.C. Mark McClus c. Signed and St by b. Prepared By 10/03/2005 1 S cal d. Final Revision Date S e. Scal f. Additional Plan or Document Title g. Date wpaform5 doc • rev 3/1/05 Page 1 of 9 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 DEP File Number: 246 -561 i. 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 f. ® Protection of Wildlife d. ® Private Water Supply e. ❑ Fisheries Habitat g . ® Groundwater Supply h. ® 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, the 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 description of the 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 in 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 Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ® Buffer Zone Impacts: Shortest distance between limit of project disturbance and 10 linear feet wetland boundary (if available) Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 45 45 4. ® Bank - i - feet b. linear feet c. linear feet d. linear feet 5. ❑ Bordering Vegetated Wetland a. square feet b. square feet c. square feet d. square feet 6. ❑ Land Under Waterbodies a. square feet b. square feet c. square feet d. square feet and Waterways e. cu.yd dredged f. cu.yd dredged Page 2 of 9 wpaform5 doc • rev 3/1/05 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 (cont.) 1o. ❑ Deslgna 11. ❑ Land Under the Ocean 12. Proposed Permitted Proposed Resource Area Alteration Alteration Replacement 7. ❑ Bordering Land Subject to Flooding a. square feet b. square feet c. square feet Cubic Feet Flood Storage e. cubic feet f. cubic feet g. cubic feet 8. ❑ Isolated Land Subject a. square feet b. square feet ❑ to Flooding Cubic Feet Flood Storage c. cubic feet - j - feet e. cubic feet 9. ❑ Riverfront area a. total sq. feet b. total sq. feet Sq ft within 100 ft c. square feet d. square feet e. square feet Sq ft between 100 -200 ft g, square feet h. square feet i. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Land Under the Ocean, below ted Port Areas Indicate size under 1o. ❑ Deslgna 11. ❑ Land Under the Ocean 12. ❑ Barrier Beaches 13. ❑ Coastal Beaches 14. ❑ Coastal Dunes 15. ❑ Coastal Banks 16. ❑ Rocky Intertidal Shores 17. ❑ Salt Marshes 18. ❑ Land Under Salt Ponds 19. ❑ Land Containing Shellfish 20. ❑ Fish Runs 21. ❑ Land Subject to Coastal Storm Flowage 246 -561 Permitted Replacement d. square feet h. cubic feet f. cubic feet f. square feet j. square feet a. square feet b. square feet c. cu.yd dredged d. cu.yd dredged Indicate size under Coastal Beaches and /or Coastal Dunes below a. square feet b square feet a. square feet b. square feet a. linear feet b. linear feet c. c/y nourishmt. d. c/y nourishmt. c. c/y nourishmt. d. c/y nourishmt a. square feet b. square feet a. square feet b. square feet c. square feet d. square feet a. square feet b. square feet c. cu.yd dredged d. cu.yd dredged a. square feet b. square feet c. 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 a. cu.yd dredged b. cu.yd dredged a. square feet b. square feet DEP File Number: Page 3 of 9 wpaform5.doc • rev. 3/1/05 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Ll I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 246 -561 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 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: ect as provided for in the Act; or a. the work is a maintenance dredging proj 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. 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 lumber, bricks, 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 the 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, 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 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 Registry of Deeds, prior to the commencement of work. g. 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, "MA DEP "] "File Number 246 -561 Page 4 of 9 wpaform5.doc • rev. 3/1/05 6 )o g e6ed b';uawgbe -11 " aaS suoglpuoo leloadS e ;s �( aa;ennwao ;S s;;asngoesseW ag; g;lM �(ldwoo 0; paalnbaa si aapap slg; g ;IM paleloosse -spaepu iepu It 84 'aapap slg; Aq panoadde uaaq seq auil >{aonn Jo;Iwll aag;oue ssalun >{aonn jo;Iwll ag; se anus llegs saauaeq uol ;e;uawlpaS - Ajessaoau waap Aew ;l sloa;uoo u014uanaad 96ewep ao/pue uolsoaa leuol;lppe ail nbaa o ; ;g6la ag; sanjasaa golgM uolssiwwoo uol;enJasuo� ag; AEI ;ou �(la;elpawwl osle liegs pue a;ls ag; ;e in000 ;eg; swelgoad uolso �(ue ioa;uoo �(la;elpawwl llegs;ueoydde agl 'papaeu se s ;uawlpas pa;elnwnooe anowaa llegs pue slseq Ailep e uo sloa;uoo uolsoaa ag; ;oadsul llegs aau6lsap jag/ slg ao ;ueolldde ag; 'uol ;ona ;suoo 6ulana �(poq as ;enn ao puel ;ann a ul pa;lsodep aq s;uawlpas llegs awl; ou ;y - sueaw Jag ;o ao u0 ;e;a6an g ;IM paz ;s AIlnj uaaq aneg seaae pegan;slp Ile pun aledai pooh ul pains ;ulew aq llegs saalaaeq uol ;e ;uawlpas Ilb' L 4 'uolsslwwoo uol;emasuo:D ag; Aq panss uaaq seq eouegdwo� 4o a;eolAiao e pun paule;ulew aq llegs sia>{aew � iepunoq puel;ann ag; `eoeld ul aoup . 6u166elj a sa>ie ;s uapoonn �(q pa>iaew aq ilegs eaae >iJonn pasodoid ag;10 �(;luloln ag; ul puel;ann ag; jo � iepunoq ag; 'puel ;a/A 1 39 4 13 1 915 9A 6ulaapao8 a 0;;ueoefpe >{aonn sanlonul;oafoad ag; 4! pue `Vonn 40 }-le ;s ag; o; aoud gl - aapio slgj Aq pauol;lpuoo >{aonn 6ulwaojjad uosaad jag ;o ao ao;oea;uoo Aue o; pue aapap slg; o;;oafgns Aliadoid 9 Jo loa;uoo ul aossaoons ao;saaa;ul ul aossaoons Aue o; Aldde llegs suol ;lpuoo Jo aapap slgl - 91, - uoi;enlena;eg; aoi;uawpedaa ao uolsslwwo:D u01;enaasuo:D aq; Aq Aaessaoau paweap e;ep Aue jo le ; ;lwgns ag; aalnbaa Aew pue aapap slg; ul pa ;e ;s suol;lpuoo aq; g;lM aoueildwoo a;enlena o; sanoq algeuoseaa ;e aapap slq; o;;oafgns eaae aq; ;oadsul pue aa;ua 01 ;g6la aq; aneq llegs 1-10110940ad le;uawuoalnUD Jo;uaw}iedaa ag; pue uolsslwwoO uol;enaasuo:D aq; jo saagwew ao;ua6y aql "n 1U �o aol ;oN nnau e 40 6 ulllj aq; aalnbaa o; g6noua;ueoljlu6ls sl a6uego aq; aaq;agnn 6ul ;lann ul uolsslwwo� uol ;enaas ag ; aalnbul o ; ;ueolldde ag; aalnbaa llegs anoge Z 6# uol;lpuo:D ul palil ;uapl sueld aq; o; 96uego Auy -Cl, aapao slg; ul paouaaaJaa suol;lpuoo leloads pue sueld aq; o; wao4uoo llegs >{aonn aql - Z4 - uolssiwwo:D u01;enaasuo:D aq; o; (yg waod VdM) eoueydwo� 10 a ;eol3l�a� aoi ;sanba�l a ;lwgns pegs ;ueoydde aq; `ulaaaq paquosap >{aonn aq; jo uol;aldwoo uod fl - i, 6 'dDa aaolaq s6uueaq pue s6ulpaeowd Aoua6e lie o; Alied a aq llegs uo u0l;enaasuo� aq; `aapap 6ulpasaadnS a anssl o; pa;sanbai sl u0l;oa;0ad le;uawuoalnuD jo;uawjaedaa aq; aaagM - 06 43V 901 spuejpM silosnyoessew aopun suompuoo ieaouoo •o 90 /L /E nej • 0op gwjo;edm, }uawnoop ;xa; a pe; }e o; xoq ;oalas 'suoi}ipuoo leuoi;ippe jo; aoeds aaow peau noAjl 0 t'§ UL 'o - TOTY lob uoi}oaIoad spueRGAA s}jasnyoesseVy 495 suoi}ipuo:D 10 aapap — 5 uaao VdM aagwnN alld dDa spuelIaM - uOIIOGIoad aoanosay jo neem8 uo143a4oad JeJuauauoainu310 luempedea sl;asmpessew 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 If you need more space for additional conditions, select box to attach a text document ❑ DEP File Number: 246 -561 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Northampton hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a. Municipal Ordinance or Bylaw b. Citation 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. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Northampton Wetlands Ordinance Chapter 24 and 25 a. Municipal Ordinance or Bylaw b. Citation 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 other proposals submitted with the Notice of Intent, the conditions shall control. C. The special conditions relating to municipal ordinance or bylaw are as follows: See "Attachment A" wpaform5.doc • rev 3/1105 ME Page 6 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions -`� 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 /I OC JVCA_�) condition pursuant to General Conditions #4, from the date of issuance. 1. 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. 2. Number of signers 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 pr pert owner, if different from p nt. Sign tures: Commonwealth of Massachusetts County of r`4"3'tiIMSJf�f'Fz On this I141'A of e ne, C� Day Month Year Before me, the undersigned Notary Public, Jr�41 (� 1''� JAl personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was /were n 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 for its stated purpose. As member of ' &w( -M�%'I7��( Conservation Commission City/Town Place notary seal and /or any stamp above This Order is issued to the applicant as follows: ❑ by hand delivery on Date wpaform5 doc • rev. 3/1105 i Si nature of Notary P V'- .V Vv ' Ii1111 Pripted NAme of Nota$ b! • $ ��, f — ev '. M co mission i=ce �te�• t � J p M z ' it /!� O V. IV .' — t by certified r _9 : ifs► si; t, ,Squested, on Date "• Page 7 of 9 Notary Acknowledgement Massachusetts Department of Environmental Protection -- Bureau of Resource Protection - Wetlands 1 WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 246 -561 G. Recording Information This Order of Conditions must be 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 subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doo • rev. 3/1105 Page 9 of 9 "ATTACHMENT A" 18. The owner of the property described in this Order must 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 Northampton Conservation Commission. Any instrument conveying any or all of the owners' interest in said property or any portion thereof, shall contain language similar to the following: "This property is subject to the Northampton Wetlands Protection Ordinance and /or Wetlands Protection Act. Any construction or maintenance work performed on this property requires an Order of Conditions, and /or a Determination of Applicability from the Northampton Conservation Commission. 19. A copy of this Order and associated plans shall remain on site during all construction and/or building activities. The project manager and all equipment operators shall be familiar with the approved plans, and shall be informed of their location on the site. This location shall be accessible to all contractors whenever work is occurring on site. 20. All required permits must be obtained from the Army Corp of Engineers (Section 404, Water Quality Certification), Planning Board, Zoning Board, Department of Public Works, or Building Inspector prior to the start of projects involving fill within any wetland resource area; 21. 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 Northampton Ordinances - Chapter 24; 22. All revised plans, referenced within this Order of Conditions, shall be approved by the Conservation Commission and incorporated into this Order by reference and shall be followed during the course of construction. 23. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance areas follows: #28, #30 24. 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. 25. If checked: [X] YES Upon completion of the work covered by this Order, 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 Compliance. 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 minimum, 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 100 feet of wetland boundaries; all alterations within the wetland resource areas; and all dates of fieldwork. 26. By April 01, 2006, the property owner shall hire a Northampton Conservation Commission approved wetland scientist or qualified professional to inspect the potential vernal pool /isolated wetland on the northern section of the property. If the Northampton Conservation Commission approved professional determines that the potential vernal pool /isolated wetland is a vernal pool, the property owner shall hire the Northampton Conservation Commission approved professional to certify the vernal pool with the Massachusetts Natural Heritage and Endangered Species Program. 27. Before construction, applicant needs to submit to the Northampton Conservation Commission details of the proposed driveway elevations, the proposed swale located adjacent to the western section of the house, the proposed French drain along the driveway and the proposed culvert for the intermittent stream crossing. The culvert must comply with the Massachusetts Rivers and Stream Crossing Standards, Technical Guidelines, August 2004. 28. Permanent markers (either boulders greater than 3' in diameter or 6" x 6" cement markers showing at least 1 foot above ground) shall be installed along the north side of the house at a distance no further than fifteen feet from the footprint of the house and at a maximum of ten feet apart. The first marker shall be placed on the along the ledge of the western section of the house along the 195' contour line as shown on the site plan. The final marker shall be placed along the 170' contour line as shown on the site plan. The owner is responsible for maintenance of the markers. The area north of the markers shall be a permanent no disturbance zone. 29. Applicant shall move the proposed five- bedroom residential dwelling and associated driveway thirty feet to the south. Within 30 days of the issuance of this Order of Conditions, the Applicant shall submit revised plans, as may be required for consistency with this Order of Conditions, to be approved by the Conservation Commission, showing the new location of the proposed dwelling. 30. There shall be no application of fertilizers, herbicides or pesticides to the lawns in the buffer zone or any areas contributing runoff to the wetland, drainage swales or detention pond, except during initial lawn planting. After initial construction, use of fertilizers may only occur after verification of the lack of nutrients in the soil, as determined through testing. 31. Areas of construction shall remain in a stable condition at the close of each work/construction day: Erosion controls shall be inspected at this time, and after each rainstorm. Any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas. Any breaches in the siltation barriers shall be repaired prior to leaving the site for the day. All erosion controls must be maintained or reinforced to meet specifications in the plans and this order and shall be replaced as necessary. An adequate stockpile of erosion control materials shall be on site at all times for emergency or routine replacement. The stockpiles equipment shall include materials to repair silt fences, haybales, or any other devices planned for the control of erosion at the site. If soils are to be disturbed for longer than two months, a temporary cover of rye or other grass shall be established, following Natural Resources Conservation Service (NRCS) procedures, to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surfaces shall be stabilized by straw, jute netting, or other NRCS- approved methods. Any stabilization materials such as jute netting shall be firmly anchored to prevent them from being washed from slopes by rain or flooding. Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas, and shall be implemented prior to any construction: All stockpiled materials shall be located outside of the wetland resource areas and 100 - foot buffer zone, and shall be stabilized to prevent erosion and sedimentation into the wetland resource area. Sedimentation and erosion control devices shall be placed according to standards set in the Natural Resources Conservation Service's, "Massachusetts Erosion and Sediment Control Guidelines Manual ". Placement of sedimentation and erosion control shall be directed at the site by the project engineer in order to accomplish maximum control of erosion to ensure that no eroded materials will enter wetland resource areas. Hay bales must be staked. Silt fencing must be installed in a dug trench and have sufficient porosity to allow detained water to pass through while trapping suspended sediments; Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; Erosion control devices shall remain in place until all disturbed surfaces have been stabilized with a vegetative cover or until the Commission has authorized their removal. Areas that cannot be permanently stabilized within 30 days of disturbance shall be stabilized by temporary measures acceptable to the Conservation Commission. ATTEST: HAMPSHIRE, t1// , _ ECISTLR MARIANNE L. DONOHUE ALEC MACLEOD, ENVIRONMENTAL SCIENTIST NOTICE OF INTENT MASSACHUSETTS WETLANDS PROTECTIONACT MA GENERAL LAWS CHAPTER 31 §40 AND THE NORTHAMPTON WETLANDS PROTECTION ORDINANCE HOUSE AND DRIVEWAY CONSTRUCTION 844 KING STREET, NORTHAMPTON, MASS. Prepared . o : 66 NORTHAMPTON, LLC 117 CONZ STREET, NORTHAMPTON, MA 01060 (413) 348 -0169 Prepared by ALEC MACLEOD 10 MAIN STREET, NORTH ORANGE, MA 01364 (978) 575 -0222 H Z W E� z w O W V H O 1A • ALEC MACLEOD, hN VIRONMENTAL SCIENTIST Natural Heritage and Endangered Species Atlas, 2003 CD Version. Data source MassGIS, Commonwealth of Massachusetts Executive Office of Environmental Affairs, NHESP 2003, Estimated Habitats of Rare Wildlife and Certified Vernal Pools. For use with the Massachusetts Wetlands Protection Act. HUNTLEY HUNTLEY ASSOCIATES, P.C. SURVEYORS . ENGINEERS . LICENSED SITE PROFESSIONALS November 28, 2005 Northampton Conservation Commission 210 Main Street Northampton, MA 01060 Attn: Mr. Bruce Young, Agent RE. 844 North King Street, Proposed Residential Dwelling Huntley Project No. 04 -113 Dear Mr. Young: On behalf of our client, Mr. Kenneth Patel, Huntley Associates, P.C. (HAPC) is pleased to present the revised On -Site Sanitary Sewage Design for 844 North King Street. The plan revisions are limited to relocation of the proposed dwelling and upper portion of driveway, addition of details as requested by the Conservation Commission, and are not related to the design of the actual sanitary sewage system. From review of the enclosed revised plan, it can be seen that cross - section details of the driveway, swale, French - drain, and culvert crossing have been added, and the house has been moved 30 -feet to the south, as was listed in the Conservation Commission Order of Conditions, conditions number 27 and 29, respectively. Please recall that the Conservation Commission had requested the French drain and area drain. Please note that siltation fence was installed last week to the limits shown on the plan and as required by the Conservation Commission. The General Contractor and our office are ready for the pre - construction meeting at your earliest opportunity. As our client would like to initiate construction as soon as possible, please review the enclosed revised plans and contact me if you have any questions or additional comments. Sincerely, HUNTLEY ASSOCIATES, P.C. Mark McClusky, .E. Senior Engineer cc. Ken Patel, Property Owner Tris Metcalfe, Architect W• 04- 113PATEL ADNIN CORRESP LETTERS 04113CC1. DOC 30 INDUSTRIAL DRIVE EAST . NORTHAMPTON, MASSACHUSETTS 01060 . (413) 584 -7444 . FAX (413) 586 -9159 1885 STATE STREET. SCHENECTADY, NEw YORK 12304 .(518) 393 -4767 . FAX (518) 393 -3510 16 -18 REYNOLDS AVENUE . ONEONTA, NEw YORK 13820 . (607) 432 -3300 . FAX (607) 432 -8313 _0 Massachusetts Department of Environn Protection Bureau of Resi Protection - 'vVe-flands DE- lh mber: WP A Form 5 — 0;-der of Conditions 2 � 6 1 M a s --, a c r s s Wet' t - , i:i s Protection A c +L Ij 1. G. L. c 131 §A0 A. General Information - - -- important: o r 3,7. o t o rl :h2^ iliing n s air o n C o mmission S out fofm On th° COMPUter, Tiils 'SSL!ar,Ce fcr (check one), a. Order of " b. Amended Order - of Con�litions , -ise only the tab key to To: Applicant: - nove your ,;rscr - jo , ot Patel 96 Northamotcri LLC use the return a. F,rs" Name o, Las', Name c, C=qny V. Co n? S,ree[ pton MA 0 e g. Zip Code Property Cwner tfferent from applicant): a, Frst Name Last Name C. C,D T7 a n y 'ddess e City/Town f. State g Zip Code Project Location: ?44 L K(E0_Stree' N o rt i a m _p (op _Nct'- a Street ,'address b, CityiTown 08 068 c Assessors Map /Plat Number d. Pirce!/Lor Number Latitude and Longitude i krowr ( note: -t 2 1 4 6 N 72 41 59 VV electronic. - lilers wiil ciick for GiS c-.atorY e Latitude f. Longitude 5 Property recorded at the Registry of Deeds for additional information if mere than one parcel): a. County Cer-.rf.�,nte (it registered land) 7845 337 c. Book d. Page 03; 3 2 0 5 1 Dates: _ 09/0;12005 a. Dq:e Notice c"nlert rfleG 5. Date Public H=qring Cics,-d 7, Gate at i ss jar,ce 7� Final A,r -rd Omer ents 'attach addit;cnal plan or as needed): Prepared for P-,:-:-i ' Mpsspr-r(jserts , Plan ny 'Y 2 (D if �:hecked: ` ] Y`✓S Upnn conlh n l t' of the `.L (�''� �IOV 7 "ed Jy this Ur✓itr, the apDWani Shill SUbIIltt 2n c s - 171'_ilt pla signed and staiuped ) a r gRared protessional engineer or land survey together iddi a written request for a Ccitincate of Compliance. 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 minimum and as applicable to the pr( ci: cicvations of all pipe inverts and outlets, pipe sizes, materials, and slopes; x111 other drabiage structures; limits ofcloanng, grading, and fill; all structur - es, pad omens and contours within 1 ego !am of wetland Wlndaries; all alteraMis ,vithin the wetland re „)urce areas; and all dates of tie(dwork- By April 01, OWN the propeny owner shall lire a Northampton Conservation CoriNssior appr wed ” ntlamt scientist or qualified professional to Inspect the potential vela<<l pool/isolated wetland on thv northern section of the property. If the Northampton Consel � anon C'ommissio:i approved professional determines ghat the potential vernal poollsolated wetland is a venial pool. the property cwrner shall hire the Northampton Conservation Commission approved professional to certify die .vial pool with the Nfassachusatts Natural Heritage and Endar; Bred Species Program. 2 Before construction, applicant needs to submit to the Northampton Co Iservattcn ---� Commission details of the proposed drive, v elevations, the proposed Swale located adjacent to the western section of the house, the proposed French drain along the driveway and the proposed culvert for the Intermittent stream crossing. The culvert must Comply with the Massachusctts Rivers and Stream Crossing Standards, Technical Cuidehnes, August 2004. P rluanem markers (either boulders greater than 3' in diameter or 6" r 6" cement markers showing at least 1 foot above gffc _m -1) shall be installed along the north side of the liousc at a Distance no litrthtr than ficoon Met from the footprint of the house and at a ma:ti.Ilnu.n of ',ri f: apart. The first marker shall be placed on the along the ledge of the western s�cticn �f the boost along file ? `�� c.ont�ur line as sho��vn on the site plan. The final marl shall be placed akin; the 170' can We as shown on the site plan. The orvler s. The a a North of the markers sl�aii r e is r eslx�nsible for maintel.ancF�� of t'ta rnar!<eI re r ,err ?pan cnt no disturbance z` lie. AppRailt shall "'love Mc tlrGPO';�( dwONg and amobaW s'Jadl WIN 30 days of the Issuance Of t�"s Order of lhplan: is inay Oe rt'qu rcd +:or consls +r,niy ✓C1 uuission, s' o:O of Con( __'hen �_ i;l i c 1;.7 urvSK&PS to the lawns in �- sv' al's or "L .. ')_..-Z' . J:._ J'. �._. wpaform9a doc • rev 7/14/04 Page 1 of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the computer, use only the tab Northampton 09/08/2005 Conservation Commission (Issuing Authority) Date key to move To your cursor - do not use the Kenneth Patel return key. Name of Violator 117 Conz Street Northampton MA 01060 r� Address 1. Location of Violation: °m Kenneth Patel Property Owner (if different) 844 North King Street Street Address Northampton 01060 City/Town Zip Code 08 68 Assessors Map /Plat Number Parcel /Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Altering an Intermittent stream, Bordering Vegetated Wetland and associated buffer areas. B. Findings The Issuing Authority has determined that the activity described above is in a resource area and /or buffer zone and is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: E the activity has been /is being conducted in an area subject to protection under c. 131, § 40 or the buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative Determination). wpaform9a doc • rev 7/14/04 Page 1 of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) ❑ the activity has been /is being conducted in an area subject to protection under c. 131, § 40 or the buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative Determination of Applicability) issued to: Name File Number ❑ The Order of Conditions expired on (date): Dated Condition number(s) Date ❑ The activity violates provisions of the Certificate of Compliance. ❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40. ❑ Other (specify): C. Order The issuing authority hereby orders the following (check all that apply) ® The property owner, his agents, permittees, and all others shall immediately cease and desist from any activity affecting the Buffer Zone and /or resource areas. ® Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. ® A restoration plan shall be filed with the issuing authority on or before for the following: 11/10/2005 Date Areas disturbed outside of the proposed development as shown on the plan referenced in the Notice of Intent filed by Kenneth Patel DEP# 246 -561 and a detail /relocation plan for the pipe outfall dumr)ina directly into the intermittent stream The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. wpaform9a doc • rev. 7114104 Page 2 of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Order (cont.) ❑ Complete the attached Notice of Intent (NOI). The NOI shall be filed with the Issuing Authority on or before: Date for the following: No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ❑ The property owner shall take the following action (e.g., erosion /sedimentation controls) to prevent further violations of the Act: Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty -five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty -five thousand dollars for each violation ". Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appeals /Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Bruce Youn Name (413) 587 -1263 Phone Number M -F 9:00 -4:30 Hours /Days Available Issued by: Northampton Conservation Commission Conservation Commission signatures required on following page. wpaform9a doc • rev 7114/04 Page 3 of 4 Massachusetts Department of Environmental Protection DEP File Number: \ Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals /Signatures (cont.) In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Sigi wpaform9a doc • rev 7114/04 Page 4 of 4 ALEC MACLEOD, ENVIRONMENTAL SCIENTIST 10 MAIlV STREET, NORTH ORANGE, MA 01364 TELEPHONE AND FAX: 978 575 -0222 August 11, 2005 Conservation Commission City of Northampton City Hall, 141 Main Street Northampton, MA 01060 RE: Notice of Intent: 844 North King Street, Northampton, MA — Responses to Comments Dear Commission Members: This letter provides information responding to Conservation Commission comments received during the Public Hearing opened on July 28, 2005 and the field visit conducted on August 4, 2005. The principal concerns expressed by the Commission had to do with the size of the house and driveway footprint, the necessity of the retaining wall, the incursion into the buffer zone during perc testing, and the presence of potential additional resource areas. Below, we respond to each issue in turn. A revised site plan showing the changes accompanies this letter. Size of the house and driveway The Applicant, in response to Conservation Commission concerns, agrees to reduce the house and driveway sizes. In addition, the house footprint has been turned somewhat to further reduce impacts to the buffer zone. The Applicant has adopted this suggestion made by the ConCom's Agent during the Public Hearing. Retaining wall The retaining wall has been removed from the plan. Instead, a swale will be constructed to route potential surface flows around the house and driveway. This improves infiltration characteristics of the proposed construction and reduces impacts that would have been necessary due to back - filling behind the retaining wall. Incursion into the buffer zone The Applicant agrees to restore the areas of the buffer zone that were impacted during perc testing and that are outside the footprint of the driveway. This will be accomplished by removing whatever subsoil was either exposed or turned up during access and testing, replacing it with screened loam and seeding the area with a native seed mix appropriate for shady sites. Potential additional resource areas During the Public Hearing, it was mentioned that a possible stream and a potential vernal pool had been observed in the general vicinity of the house footprint. The Conservation Commission generously agreed to schedule a site visit with the Applicant's representative to explore the issue further. Both features were observed at the site visit. However, the possible stream was seen to be flowing from the top of a rocky ledge and not from a wetland, such that it would not be considered a jurisdictional stream. The potential vernal pool was also clearly present, and is located within the buffer zone about 40 feet north of the house site. It is quite small — some 10 to 15 feet square, but clearly showed evidence of the presence of water for an extended period of time, despite being dry at that moment. It was suggested that the Applicant examine this pool for obligate vernal pool activity next spring and I just received this plan. I don't believe that they have really solved any of the issues we addressed at the meeting and site visit. 1) What happens to the water that goes into the proposed Swale? Water might not infiltrate into a swale built into ledge. 2) Why does any part of the proposed building need to be in the 100' buffer? The entire proposed house is surrounded by wetlands, vernal pools and intermittent streams, yet the applicant insists on imposing on the resource areas by building a five - bedroom house, which requires a larger septic system. 3) Why does the driveway need to be 15 feet wide and have extra pull off areas in the buffer zone? 4) Where will the runoff from the driveway go? Should there be some detention/retention areas to collect the stormwater so that it does not run directly into the stream? 5) Considering that there are other vernal pool complexes in the area, could this fragmentation of habitat interrupt migration corridors, cause geographical isolation of the local breeding populations, or possibly disrupt the amphibian metapopulation structure? 6) Are the sedimentation control measures adequate? 7) Why propose a septic system if they told us that they are going to connect to the Hatfield sewer system? 8) How are they going to deal with the pipe they installed that drains to the intermittent stream (we don't even know where it comes from)? 9) If the applicant has agreed to restore the areas in the buffer /resource areas that were disturbed without a permit, where is the restoration plan? MO ALEC MACLEOD, ENVIRONMENTAL SCIENTIST to formally certify it as a vernal pool if such activity is observed. The Applicant agrees to conduct this research and will report the results to the Conservation Commission. We trust that these response have entirely addressed the concerns of the Conservation Commission regarding this proposal. The Applicant has considered the issues seriously and has taken strong positive steps to change the project design and implementation to deal with them in a substantive fashion. We look forward to completing the review of this proposed project this evening. Sincerely, Alec MacLeod Environmental Scientist cc: DEP WERO Kenneth Patel, 66 Northampton, LLC Mark McClusky, PE, Huntley Associates, PC enclosures Etheredge & Steuer, Pc. ATTORNEYS AT LAW 64 GOTHIC STREET NORTHAMPTON, MASSACHUSETTS 01060 EDWARD D. ETHEREDGE SHELLEY STEUER' (413) 584 -1600 FAX (413) 585 -8406 Also Admitted in New York and California Bruce Young Office of Planning City of Northampton 210 Main Street Northampton, MA 01060 Re: Patel NOI No. King Street Dear Mr. Young: September 1, 2005 I have been asked by Tris Metcalf, Alec McCloud and Ken Patel to meet with you on Wednesday, September 7, 2005 to review the issue of the authority of the Conservation Commission to refuse to decide the NOI filed on March 28, 2005 on the issue of whether there is a vernal pool within the meaning of 310 CMR 10.04. 1 cannot attend the meeting, nor the Commission's meeting on September 8 "'. Alec McCloud's report indicates there is no vernal pool and I am told there is no evidence that the disputed depression is certified or certifiable as a vernal pool, and the Commission's refusal to grant or deny the permit so that the applicant may appeal to DEP is a denial of the applicant's due process rights. The project is otherwise not subject to 310 CMR 10.02 or Chapter 24, the Northampton Wetland Protection Ordinance. The Conservation Commission's attempts to enforce a "policy" or "concern" not within its regulations are outside its authority. Fieldstone Meadows v. Conservation Commission of Andover, 62 Mass. App. Ct. 265, 266 -267 (2004) (copy enclosed). It is my understanding that Alec has resolved all the other issues raised by the Commission in the five months that this application has been pending and that the meeting is limited to this issue since we are not able to attend. If we can resolve this issue without meeting, let me know. If you have any other questions, give me a call. EDE /kap Enc. cc: Tris Metcalf, AIA Alec McCloud Janet Sheppard, Esq. Ken Patel Mr Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the Northampton 09/08/2005 computer, use Conservation Commission (Issuing Authority) Date only the tab key to move To: your cursor - do not use the Kenneth Patel return key. Name of Violator 117 Conz Street rQ Address IL 1. Location of Violation: retain Kenneth Patel Property Owner (if different) 844 North King Street Street Address Northampton 01060 City/Town Zip Code 08 68 Assessors Map /Plat Number Parcel /Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Unauthorized altering of an Intermittent stream, Bordering Vegetated Wetland and associated buffer areas. B. Findings The Issuing Authority has determined that the activity described above is in a resource area and /or buffer zone and is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: ® the activity has been /is being conducted in an area subject to protection under c. 131, § 40 or the buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative Determination). wpaform9a doc • rev. 7/14/04 Page 1 of 4 Ll Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order �� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) ❑ the activity has been /is being conducted in an area subject to protection under c. 131, § 40 or the buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative Determination of Applicability) issued to: Dated Name File Number Condition number(s) ❑ The Order of Conditions expired on (date): Date ❑ The activity violates provisions of the Certificate of Compliance. ❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MG c.131 s.40. ❑ Other (specify): C. Order The issuing authority hereby orders the following (check all that apply): ® The property owner, his agents, permittees, and all others shall immediately cease and desist from any activity affecting the Buffer Zone and /or resource areas. ® Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. 10/08/2005 ® A restoration plan shall be filed with the issuing authority on or before Date for the following: Areas disturbed outside of the proposed development as shown on the plan referenced in the Notice of Intent filed by Kenneth Patel DEP# 246 -561 and a detail /relocation plan for the pipe outfall dumpinq directly into the intermittent stream The restoration shall be completed in accordance with the conditions and timetable established by issuing authority. wpaform9a doc • rev. 7/14/04 Page 2 of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Order (cont.) ❑ Complete the attached Notice of Intent (NOI). The NO[ shall be filed with the Issuing Authority on or before: Date for the following: No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ❑ The property owner shall take the following action (e.g., erosion /sedimentation controls) to prevent further violations of the Act: Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty -five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty -five thousand dollars for each violation ". Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appeals /Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Name (413) 587 -1263 Phone Number M -F 9:00 -4:30 Hours /Days Available Issued by: Conservation Commission Conservation Commission signatures required on following page. wpaform9a doc • rev. 7/14/04 page 3 of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order � Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals /Signatures (cont.) In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures: Signature of delivery person or certified mail number wpaform9a.doc • rev 7/14/04 Page 4 of 4