10B-079 54 water st con comImportant:
When filling out 1.
This Certificate of Compliance is issued to:
forms on the
Mary Hulbert and Anne Morehouse
computer, use
Name
only the tab
key to move
54 Water Street
your cursor -
Mailing Address
do not use the
Leeds
MA 01053
return key.
City/Town
State Zip Code
2.
This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Mary Hulbert and Anne Morehouse
Name
October 11, 2000
246 -473
Dated
DEP File Number
3. The project site is located at:
54 Water Street Northampton
Street Address City/Town
10B 79
Assessors Map /Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Mary Hulbert and Anne Morehouse
Property Owner (if different)
Hampshire 2654 156
County Book Page
N/A
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
March, 2003
Date
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the obove- referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of wor� regulated by the
above - referenced Order of Conditions have been satisfactorily completed. The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
WPA Forth 88 - Page 1 of 3
Rev. 02/00
Massachusetts )Dpartment of Environmental Prote - e on
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 2 -473
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
City of Northampton Wetlands Protection Ordinance, Chapter 24
B. Certification (cont.)
❑ Invalid Order of Conditions: It. is hereby certified that the work regulated by the above -
referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is
therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act
may commence without filing a new Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue: (Include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
C. Authorization
Issued by:
Northampton Conservation Commission March 28, 2003
Conservation Commission Date of Issuance
Date sent to DEP Regional Office: March 28, 2003
This Certificate must be signed by a
applicant and appropriate DEP Regi
Sig
of the Conservation Commission and a copy sent to the
;e (See Appendix A).
On Twenty— seventh Of March, 2003
Day Month and Year
before me personally appeared
the above -named
to me known to be the persons described in and who executed the foregoing instrument and
acknowledged that they executed the same as their free act and deed.
otary ubic My com Ir�i scion exp7res
WPA Forth 8B Page 2 of 3
Rev. 02100
Massachusettspartment of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File "Umber:
WPA Form 8B — Certificate of Compliance 246 -473
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
City of Northampton Wetlands Protection Ordinance, Chapter 24
D. Recording Confirmation .
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
WPA Form Be
Rev. 02100 Page 3 of 3
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above- referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above - referenced Order of Conditions have been satisfactorily completed. The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
IIIIIIIIIIIIN II
IIIIIIIIIIIIIIIII �IIINIINI
WPA Forth 813 Page 1 of 3
Rev. 02/00
Bk: 7114Pg: 329 Page: 1 of 3 � \V\
Recorded: 03/28/2003 10:53 AM
a 11 14PG32
Massachusetts"epartment of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP File Number:
" x
WPA Form 8B — Certificate of Compliance
246 -475
Massachusetts Wetlands Protection Act M.G.L. c. 131 §40
Provided by DEP
City of Northampton Wetlands Protection Ordinance, Chapter 24
A. Project Information
Important:
When filling out
1. This Certificate of Compliance is issued to:
forms on the
Elizabeth Kilduff and Kathleen Anderson
computer, use
Name
only the tab
key to
50 Water Street
move
your cursor -
Mailing Address
do not use the
Leeds MA
01053
return key.
Cityrrown State
Zip Code
,1rI.� I I
��II�II
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions
issued to:
Elizabeth Kilduff and Kathleen Anderson
Name
October 18, 2000 246 -475
Dated DEP File Number
3. The project site is located at:
50 Water Street Northampton
Street Address Cityrrown
10B 78
Assessors Map /Plat Number Parcel /Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Elizabeth Kilduff & Kathleen Anderson
Property Owner (if different)
Hampshire 1040
330
County Book
Page
N/A
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
March, 2003
Date
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above- referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above - referenced Order of Conditions have been satisfactorily completed. The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
IIIIIIIIIIIIN II
IIIIIIIIIIIIIIIII �IIINIINI
WPA Forth 813 Page 1 of 3
Rev. 02/00
Bk: 7114Pg: 329 Page: 1 of 3 � \V\
Recorded: 03/28/2003 10:53 AM
CQ1114PG3?"
Massachusetts�b`epartment of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 246 -475
Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 Provided by DEP
City of Northampton Wetlands Protection Ordinance, Chapter 24
B. Certification (cont.)
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above -
referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is
therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act
may commence without filing a new Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue: (Include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
# 26 & 27
C. Authorization
Issued by:
Northampton Conservation Commission March 28, 2003
Conservation Commission Date of Issuance
Date sent to DEP Regional Office: March 28, 2003
This Certificate must be signed by a . ority of the Conservation Commission and a copy sent to the
applicant and apprgprkkte DEP Re gj rj I Office (See Appendix A).
On Twenty- seventh
Day
before me personally appeared
the above -named
Of March, 2003
Month and Year
to me known to be the persons described in and who executed the foregoing instrument and
acknowledged that they executed the same as their free act and deed.
& A . 4- . 200'1
ubic
Notary My mmission expires
WPA Form 8B
Rev. 02/00 Page 2 of 3
KQ1114PG331 A
Massachusetts"'bipartment of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
x - WPA Form 8B — Certificate of Compliance 246 -475
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
City of Northampton Wetlands Protection Ordinance, Chapter 24
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
WPA Form 8B . � _ � /< UGISTU
Rev. 02/00 DON01ME Page 3 of 3
MARIAN L.
Important:
When filling
out forms on
the computer,
use only the
tab key to
move your
cursor - do
not use the
return key.
WPA Forth s
Rev. 02/00
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions Provided b DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
From:
Northampton Conservation Commission
Conservation Commission
This issuance if for (check one):
® Order of Conditions
❑ Amended Order of Conditions
To: Applicant:
Elizabeth Kilduff & Kathleen Anderson
Name
50 Water Street
Mailing Address
Leeds MA 01053
Cityffown State Zip Code
1. Project Location:
Property Owner (if different from applicant):
Elizabeth Kilduff & Kathle�n Anderson
Name
50 Water Street
Mailing Address
Leeds MA 01053
City/Town State Zip Code
50 Water Street Nor
Street Address Nort a
106 78
Assessors Map /Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Hampshire 1040 330
County
N/A Book Page
Certificate (if registered land)
3. Dates:
Au ust 4, 2000 September 11, 2000 October 8, 2000
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references aI s needed):
"Site Plan of Land at 50 & 54 Water Street, Leeds, Massachusetts," Prepared for 07/19/00
New England Environmental Inc. by E B Holmberg & Associates
Date
5. Final Plans and Documents Signed and Stamped by:
Name
- 6. Total Fee:
$82.50 + $35.00 Local Ordinance Fee
(from Appendix B: Wetiand Fee Transmittal Form)
B. Holmberg, P.L.S
Page 1 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
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:
❑ Public Water Supply ® Land Containing Shellfish
® Prevention of Pollution
❑ Private Water Supply ❑ Fisheries
® Protection of Wildlife Habitat
❑ Groundwater Supply ® Storm Damage Prevention ® Flood Control
Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. 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:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. 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.
❑ 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).
General Conditions (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.
WPA Form 5
Rev. 02100
Page 2 of 7
B. Findings (cont.)
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. 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. The
Commission usually will record the Order in the Registry of Deeds. It is the applicant's
responsibility to insure the Order is properly recorded.
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, "MA DEP "j
"File Number 246 -475 "
WPA Form 5
Rev. 02/00
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 DEP.
11. Upon completion of the work described herein, the 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 special 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.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
Page 3 of 7
v
WPA Form 5
Rev. 02/00
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
DEP File Number:
246 -475
Provided by DEP
B. Findings
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 shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and 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.
Special Conditions (use additional paper, if necessary):
See Additional Conditions (Attachment N.
Findings as to municipal bylaw or ordinance
Furthermore, the Northampton hereby finds (check one that applies):
Conservation Commission
0 that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Name
Municipal Ordinance or Bylaw
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.
0 that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
Name
Municipal Ordinance or Bylaw
The Commission orders that all work shall be performed in accordance with the said additional
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.
Page 4 of 7
low
WPA Forth 5
Rev. 02/00
�J
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.)
Additional conditions relating to municipal ordinance or bylaw:
DEP File Number:
246 -475
Provided by DEP
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions #4, from the date of issuance.
October 18 2000
Date
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 (see Appendix A) and the property owner (if different from applicant).
Signatures:
On
the 13th October
Of
Day Month and Year
before me personally appeared
James Kaplan
Notary Public
This Order is issued to the applicant as follows:
[J by hand delivery on
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_
October 18, 2000
May 31, 2007
My Commission Expires
❑ by certified mail, return receipt requested, on
Page 5 of 7
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in
310 CMR 10.03(7) within ten business 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 to
the applicant, if he /she is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
D. 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 Form 5 shall be submitted to the Conservation Commission listed below.
Northampton Conservation Commission
Conservabon Commission
WPA Form 5
Rev. 02/00
Page 6 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
-----------------------------------------------
To:
Northampton Conservation Commission
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
50 Water Street 246 -475
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Hampshire
County Book
Page
for:
Elizabeth Kilduff and Kathleen Anderson
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:
October 18, 2000
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
of Applicant
WPA Forth 5
Rev. 02/oo
Page 7 of 7
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 simil 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 accordan ce
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
are as follows:
( #26, #27).
24. Prior to the start of any site work, excavation or construction, a preconstruction
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, also.
WETLAND REPLICATION:
25. A wetland specialist, approved by the Conservation Commission, shall be on -site during
all phases of the transference /replanting and construction of the replication area.
26. A report of the success of re- vegetation activities shall be submitted to the Conservation
Commission, by a qualified wetlands scientist on the following schedule:
By (September 200 1)
By (September 2002)
27. At the time of requesting a Certificate of Compliance, the applicant must submit a
"Summary Report" by a qualified, individual of work completed on the site, actions taken
during the replication, and the rate of success of wetland replication.
NEW ENGLAND EIVIRONMENTAL, INC. '
Environmental Consulting Services
800 Main Street
Amherst, MA 01002
FAX (413) 256 -11092
11 September 2000
Northampton Conservation Commission
City Hall
210 Main Street
Northampton, MA 01060
RE: Notice of Intent for 50 Water Street Bank Restoration of the Mill River
DEP file 246 -475
NEE file 00 -1740
Dear Commission Members:
In the Notice of Intent narrative, we neglected to describe that the residents, E. Kilduff and
K. Anderson, would like to install a small stone patio and fire pit in an area which is presently
lawn. As the entire yard is within the 100 foot buffer zone to the Bank, and within the 200 foot
Riverfront Area, it would be appropriate to make this request within the current Notice of Intent.
It is likely that the repair work on the stone bank, and the installation of the small stone patio,
would take place at the same time to minimize land disturbance.
Thank you.
Sincerely,
New England Environmental, Inc.
cc: DEP, Western Region
E. Kilduff & K Anderson, applicant's
F:ISHAREDV,et00117401et.4.wpd
PLANNING AND DEVELOPMENT • CITY OF NORTHAM] PON
CitN HA - 21 o Main Street, Room 11 - No►t(7ampton, MA oz o60 -3 z 98 - (4131587 -1 i66 - F=587-1i64
war�ne reiden,Director - email. planning@a city.nortbampton.mams - int ernet :wwrvnortbamptonp(anningvrg
PUBLIC HEARING NOTICE
The Northampton Conservation Commission will conduct a meeting on Monday, September 11,
2000 at 7:00 P.M. in Hearing Room 18, City Hall, 210 Main Street, Northampton, at which
time Public Hearings will be conducted on the following, as required under M.G.L. Chapter 131,
Section 40, The Wetlands Protection Act and Chapter 24 of the City of Northampton's
Ordinances, Wetlands Protection
7:30 P.M. - Public Hearing on a Notice of Intent filed by the Northampton Department of
Public Works for the maintenance and repair of two sections of armored bank along the Mill
River located on Federal Street and River Road to prevent exposure of a sewage line.
Resource areas to be affected by the project include 315 linear feet of bank, land under
water, 100 -year floodplain, buffer zone of Bordering Vegetated Wetland, and Riverfront
Area.
7:45 P.M. - Public Hearing on a Request for Determination filed by The Trustees of The
Smith College for the reconstruction of the West Street Parking Lot on the Smith College
campus, also known as Assessor's Map 38A, Parcel 61. Work will take place within
Bordering Land Subject to Flooding.
8:00 P.M. - Public Hearing on a Notice of Intent filed by Elizabeth Kilduff and Kathleen
Anderson for the restoration of a section of the bank of the Mill River for property located at 50
Water Street, also known as Assessor's Map 10B, Parcel 78. Work will include rebuilding
the stone face of the bank where erosive action by the River has undercut it, removing
invasive alien plants, and replanting native vegetation, and will entail impacts to Bank,
buffer zone, and Riverfront Area.
8:00 P.M. - Public Hearing on a Notice of Intent filed by Mary Hulbert and Anne
Morehouse for the restoration of a section of the bank of the Mill River for property located at
54 Water Street, also known as Assessor's Map 10B, Parcel 79. Work will include
rebuilding the stone face of the bank where erosive action by the River has undercut it,
removing invasive alien plants, and replanting native vegetation, and will entail impacts to
Bank, buffer zone, and Riverfront Area.
8 :20 P.M. - Public Hearing on a Notice of Intent filed by the City of Northampton for the
construction of a seventy -six (76) space Park -N -Ride facility with associated ADA accessible
walkways, stormwater drainage system, tree plantings, and a new entrance /egress on Old Ferry
Road at the Sheldon Field Recreation Area, located on the corner of Bridge Street and Old
Ferry Road, also known as Assessor's Map 25C, Parcel 84. Work will take place within the
100 -year floodplain of the Connecticut River.
PUBLISH: September 2, 2000
BILL: Northampton Conservation Commission, c/o Office of Planning and Development
planning board • conservation commission - zoning boardo appeals • bousing p artners h ip - redevelop aut - nortbampton GIs
economicdevelopment - communitydevelopment - bistoric district commission - bistoricalcommission. centralbusinessarcbitecture
originalprintedon recycled paper
- NEW ENGLAND ENVIRONMENTAL, INC.
Environmental Consulting Services
800 Main Street
Amherst, MA 01002
FAX (413) 2 -
August 2, 2000
Northampton Conservation Commission
City Hall
210 Main Street
Northampton, MA 01060
— RE: Notice of Intent
Bank Repair at 50 Water Street, Leeds
NEE File 00 -1740
Dear Members of the Commission:
Enclosed please find nine copies of a Notice of Intent for Elizabeth Kilduff and Kathleen
Anderson to repair the Bank behind their house at 50 Water Street in Leeds. This project is being
filed under the Massachusetts Wetlands Protection Act and the City of Northampton Wetland
Ordinance. The proposed work is on the Bank, within the 100 foot Buffer Zone of the Bank, and
within the Riverfront of the Mill River.
The filing fee for this project is calculated as follows: the category 1(d) (resource improvement)
fee is $55.00. To this is added another 50% for work within the Riverfront, for a total project fee
of $82.50. $53.75 is the city share, and $28.75 has been sent to the Commonwealth of
Massachusetts, DEP Lock Box in Boston. An additional municipal fee of $35.00 has been added
to the city check, for a sum of $88.75. Copies of the checks follow the Notice of Intent form.
Thank you for reviewing the Notice of intent for this project. Please contact our office if you
would like to schedule a site visit prior to the public hearing for this project.
Sincerely yours,
New England Environmental, Inc.
'I
t h
J. Marcus Bruce Griffin
or Scientist Associate Scientist
Principal
cc: Department of Environmental Protection, Western Regional Office
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
4 W WPA Appendix B — Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Applicant Information
1. Applicant:
Elizabeth Kilduff and Kathleen Anderson
Name
50 Water Street
Mailing Address
Leeds
Cityrrown MA 01053
State Zip Cod,
X13} 586 -3812
Phone Number
2. Property Owner (if different):
same
Name
Mailing Address
City/Town State
Zip Code
Phone Number
_ 3. Project Location:
50 Water Street Leeds
Sheet Address City/Town
B. Fees
To calculate
filing fees, refer Abbreviated Notice of Resource Area Delineation (Form 4A):
to the category
fee list and The fee is calculated as follows (check applicable project type):
examples in
Section D of
this form. ❑ single family house project
(feet of BVW) X $1.00=
❑ all other projects
X $1.00=
(feet of BVW)
Total fee (not to exceed $100)
Total fee (not to exceed $1,000)
State share of filling fee:
(11 /2 of total fee less $12.50)
City/Town share of filling fee:
(12 of total fee plus $12.50)
Nl�' �
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
- k WPA Appendix B - Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
,
B. Fees (cont.)
Abbreviated Notice of intent (Form 4) or Notice of Intent (Form 3):
The fee should be calculated using the following six -step process and worksheet:
Step 1/Type of Activity: Describe each type of activity (see Section D for a list of activities) that will
occur in wetland resource area and buffer zone.
Step 2/Number of Activities: Identify the number of each type of activity.
Step 3 1Individual Activity Fee: Identify each activity fee from the six project categories in Section D.
Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per
category(identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a
Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should
be multiplied by 1.5 and then added to the subtotal amount.
Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4.
Step 6 1Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract
$12.50. To calculate the city /town share of the fee, divide the total fee in half and add $12.50.
Step 1/Type of Activitv Step 2/Number Step 3 1Individual Step 4 /Subtotal
of Activities Activity Fee Activity Fee
Cat. 1(d), resource improvement 1 $55.00 $55.00
Work within Riverfront 1 $27.50 $27.50
Step 5/Total Project Fee: $82.50
Step 6 /Fee Payments•
Total Project Fee: $82.50
(Total fee from Step 5)
State share of filing fee. $28.75
(12 total fee less $12.50)
City/Town share of filling fee: $53.75
(12t0lal fee plus $12.50)
� U
Massachusetts Department of Environmental Protection DEP File
Bureau of Resource Protection - Wetlands Number:
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
Northampton
Town
A. General Information
State Zip Code
$28.75 Commonwealth of Massachusetts
(from Appendix B Wetland Fee Transmittal Form)
— 1. Applicant:
50 Water Street
Elizabeth Kilduff and Kathleen Anderson
Street Address
Cityrrown
Name
E-Mail Address (if applicable)
Assessors Map/Plat Number
— 50 Water Street
_ 6. Registry of Deeds:
Mailing Address
1040 330
County
— N/A
Leeds
MA
01053
Citylrown
State
Zip Code
(413) 586 -3812
Phone Number
Fax Number (if applicable)
— 2. Representative (if any):
New England Environmental, Inc.
Firm
— Michael J. Marcus
mmarcus@
Contact Name
E -Mail Address (if applicable)
800 Main Street
Mailing Address
—
Amherst
MA
01002
City/Town
State
Zip Code
413 256 -0202
413 256 -1092
Phone Number
Fax Number (if applicable)
3. Property Owner (if different from applicant):
same
M___
Address
City/Town
4. Total Fee:
$53.75 City of Northampton.
State Zip Code
$28.75 Commonwealth of Massachusetts
(from Appendix B Wetland Fee Transmittal Form)
�- 5. Project Location:
50 Water Street
Leeds, MA
Street Address
Cityrrown
" 10B
Lot 78
Assessors Map/Plat Number
Parcel /Lot Number
_ 6. Registry of Deeds:
Hampshire
1040 330
County
— N/A
Book Page
Certificate (if Registered Land)
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
- WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information (cont.)
7. Summary of Project Impacts:
a. Is any work being proposed in the Buffer Zone?
® Yes If yes, how many square feet?
DEP File
Number:
Provided by DEP
Northampton
Town
approximately 150 square feet
❑ No
b. List the impacts of proposed activities on each wetland resource areas (temporary and permanent
impacts, prior to restoration and mitigation):
Resource Area Size of Impact (e.g., sq. ft.)
Bank 30 linear feet
Riverfront
150 square feet
B. Project Description
1. General Project Description:
This project consists of the restoration of a section of the Bank of the Mill River. The stone
face of the Bank will be rebuilt where erosive action by the River has undercut it. As part of
the same project, invasive alien plants will be removed and native vegetation replanted
2. Plan and /or Map References:
Proposed Section: Mill River Bank
Title July 14, 2000
Site Plan of Land at 50 & 54 Water Street Date
Jul 19, 2000
Title
Date
Massachusetts Department of Environmental Protection DEP File
Bureau of Resource Protection - Wetlands Number:
— s WPA Form 3 — Notice of Intent
4° Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 Provided by DEP § Northampto
`-
C. Activities Subject to Regulation Town
1. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone:
Inland Resource Areas Coastal Resource Areas
® Inland Bank ❑ Coastal Beach
❑ Barrier Beach
❑ Bordering Vegetated Wetland (BVW) ❑ Rocky Intertidal Shore ❑ Coastal Dune
❑ Salt Marsh ❑ Coastal Bank
b. Complete for all proposed activities located, in whole or in part, in Wetland Resource Area(s).
Inland Resource Areas:
Bordering Vegetated Wetlands: Bordering Land Subject to Flooding:
N/A
Square Feet altered N/A
Volume of Flood Storage Lost (cubic feet)
Square Feet replaced
Volume of Flood Storage Compensation (cubic feet)
Land Under Water Bodies: Isolated Land Subject to Flooding:
N/A N/A
Square Feet altered Volume of Flood Storage Lost (cubic feet)
Cubic Yards dredged Volume of Flood Storage Compensation (cubic feet)
Bank:
30 feet
Linear Feet altered
Coastal Resource Areas:
Coastal Dune:
N/A
Square Feet altered
N/A
Cubic Yards/Volume removed
_ Salt Marsh:
N/A
Square Feet altered
Coastal Bank:
N/A
Linear Feet altered
Land Under Salt Pond:
N/A
Square Feet altered
N/A
cubic Yards dredged
Rocky Intertidal Zone:
N/A
Square Feet altered
Designated Port Area:
N/A
Square Feet altered
Massachusetts Department of Environmental Protection DEP File
Bureau of Resource Protection - Wetlands Number.
} WPA Form
3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G. L. c. 131, §40 Provided by DEP
Northampton
Town
C. Activities Subject to Regulations (cont.)
Fish Run:
N/A
Linear Feet altered
Land Subject to Coastal Storm Flowage:
N/A
Square Feet altered
Land Under Ocean:
N/A
'— Square Feet altered
N/A
Cubic Yards dredged
Riverfront Area:
a. Name of Waterway (if available):
Mill River
b. Width of Riverfront Area (check one):
❑ 25 ft. - Designated Densely Developed Areas only
❑ 100 ft. -New agricultural projects only
® 200 ft. - All other projects
Land Containing Shellfish:
N/A
Square Feet altered
Beach:
N/A
Square Feet altered
c. Describe how the Mean Annual High -Water Line was determined:
Top of bank.
d. Distance of proposed activity closest to the Mean Annual High -Water line:
Most of the project is within the limits of the Mean Annual High -Water Line
Feet
e. Total area of Riverfront Area on the site of the proposed project:
The whole property, with the exception of the Bank, is within the Riverfront Area
Square Feet
f. Proposed alteration of the Riverfront Area:
150 150 0
Total Square Feet Square Feet within 100 tt. a Feet between 100 ft. and 200 fL
Massachusetts Department of Environmental Protection DEP File
Bureau of Resource Protection - Wetlands Number.
=µ WPA Form 3 - Notice of intent
Provided by DEP
,. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton
Town
C. Activities Subject to Regulation (cont.)
— 2. Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary:
❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP (attached)
❑ DEP BVW Field Data Form (attached)
❑ Final Determination of Applicability issued by Conservation Commission (attached)
❑ Other Methods for Determining the BVW boundary (attach documentation):
❑ 50% or more wetland indicator plants
❑ Saturated/inundated conditions exist
❑ Groundwater indicators
❑ Direct observation
❑ Hydric soil indicators
❑ Credible evidence of conditions prior to disturbance.
3. a. Is any portion of the proposed project located in estimated habitat as indicated on the most
recent Estimated Habitat Map of State - Listed Rare Wetland Wildlife published by the Natural
Heritage and Endangered Species Program?
❑ Yes If yes, include proof of mailing or hand delivery of NOI to
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
Route 135, North Drive
No Westborough, MA 01581
— ®
2000 -2001
Date of Map
b. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
❑ Yes If yes, provide name of ACEC (see Appendix D for ACEC locations):
® No
c. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands
Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)?
❑ Yes
® No
Massachusetts Department of Environmental Protection DEP File
y:
- Bureau of Resource Protection - Wetlands Number:
WPA Form 3 - Notice of Intent
" Provided by DEP
Massachusetts Wetlands Protection Act M.G. L. c. 131, 40
§ Northampton
Town
D. Performance Standards
I. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR
'— 10.24 or 310 CMR 10.53?
® Yes If yes, describe which limited project applies to this project:
310 CMR 10.53(4): "projects which will improve the natural capacity of a
No resource area to protect the interests identified in M.G.L. c.131, 40"
❑
2. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the
wetlands regulations, 310 CMR 10.00.
❑ Yes . If, yes, describe which exemption applies to this project:
® No
3 a. Is the project located in the Riverfront Area?
® Yes If yes, indicate the proposed project purpose:
❑ No ❑ Single Family House ❑ Industrial Development
❑ Residential Subdivision ❑ Commercial Development
❑ Transportation ® Other (describe)
Repair of a degraded Bank
-b. Was the lot where the activity is proposed created prior to August 1, 1996?
® Yes
❑ No
4. a. Describe how the project will meet all performance standards for each of the resource areas
altered, including standards requiring consideration of alternative project design or location. Attach
narrative and supporting documentation.
b. Is this project exempt from the DEP Stormwater Policy?
® Yes If yes, explain why the project is exempt:
Single- family house projects are exempt
'- If no, stormwater management measures are required. Applicants are
❑ No encouraged to complete Appendix C: Stormwater Management Form
and submit it with this form.
u Massachusetts Department of Environmental Protection DEP File
W Bureau of Resource Protection - Wetlands Number:
k n WPA For -
Form 3 Notice of Intent Provided by DEP
a. F Massachusetts Wetlands Protection Act M.G. L. c. 131, §40 Northampton
Town
E. Additional Information
Applicants must include the following with this Notice of Intent (NOI):
• USGS or other map of the area (along with a narrative description, if necessary), containing sufficient
information for the Conservation Commission and the Department to locate the site.
• Plans identifying the location of proposed activities (including activities proposed to serve as a
Bordering Vegetated Wetland (BVW) replication area or other mitigating measure) relative to the
boundaries of each affected resource area.
• Other material identifying and explaining the determination of resource area boundaries shown on
plans (e.g., a DEP BVW Field Data Form).
• List the titles and final revision dates for all plans and other materials submitted with this NOI.
F. Fees
The fees for work proposed under each Notice of Intent must be calculated and submitted to the
Conservation Commission and the Department (see Instructions and Appendix B. Wetland Fee
Transmittal Form).
No fee shall be assessed for projects of the federal government, the Department, or cities and towns of
the Commonwealth.
Applicants must submit the following information (in addition to pages 1 and 2 of Appendix B) to confirm
fee payment:
3(7$ 3 (71 a AWr -vs7- 07000
Check Num r Check date
New England Environmental Elizabeth Kilduff & K. Anderson
Payer name on check Applicant name (if different from payer)
G. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of intent and accompanying
plans, documents, and supporting data are true and complete to the best of my knowledge. I understand
that the Conservation Commission will place notification of this Notice in a local newspaper at the
expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the
requirements of M.G.L. c. 131, § 40. Notice must be made in writing by hand delivery or certified mail
(return receipt re stead) to all abutters within 100 feet of the property line of the project location.
Signat o Applicant ate
Si ature of Property Owner (if different) Date
Sig e f Representative (if any) r .
Massachusetts Department of Environmental Protection DEP File
Bureau of Resource Protection - Wetlands Number:
- x WPA Form 3 - Notice of Intent
Provided by DEP
`i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton
Town
G. Signatures and Submittal Requirements (cunt.)
For Conservation Commission:
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents; two
copies of pages 1 and 2 of Appendix B; and the city/town fee payment must be sent to the Conservation
Commission by certified mail or hand delivery.
For DEP:
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents; two
copies of pages 1 and 2 of Appendix B; and a copy of the state fee payment must be sent to the DEP
Regional Office (see Appendix A) by certified mail or hand delivery.
Other:
If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that section
and the Instructions for additional submittal requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely
manner may result in dismissal of the Notice of Intent.
NEW ENGLAND ENVIRONMENTAL, INC COLLEG 13ANK E STREET OFFICE
3179
800 MAIN STREET AMHERST, MA 01002
AMHERST, MA 01002
(413) 256 -0202 5- 13/110 CHECK NO.
ti
Memo: Filing Fee: 50 Water St -
DATE AMOUNT
Twenty -Eight and 75/100 Dollars Aug 2, 2000 * * * * * ** *$28.75*
_AY Commonwealth of MA
TO THE
ORDER
^F
_ -.-
AUTHORIZED SIGNATURE
i
11 3 1 7 911' 1 :0 1 1000 1 381: 93C33? 4004 111
NEW ENGLAND ENVIRONMENTAL, INC COLLEGE STREET OFFICE
800 MAIN STREET AMHERST, MA 01002
AMHERST, MA 01002
(413) 256 -0202 5- 13/110
Memo: Filing Fee: 50 Water St
DATE
— Eighty -Eight and 75/100 Dollars Aug 2, 2000
�qY City of Northampton
) THE
IDER
M
3178
CHECK NO.
V
a
0
a
0
AMOUNT d
* * * * * ** *$88.75*
a
AUTHORIZED SIGNATURE
11,00308111 1 :0 1 1000 1 381: 9363? 400 4 1111
`NEW ENGLAND ENWONMENTAL, INC.
_Environmental Consulting Services 800 Main Street
Amherst, MA 01002
FAX ( 413) 256-
413) 256 -10
Notification to Abutters Under the
Massachusetts Wetlands Protection Act
In accordance with the second paragraph of Massachusetts General Laws Chapter 131, Section
40, you are hereby notified of the following:
A. The name of the applicants are Elizabeth Kilduff and Kathleen Anderson.
B. The applicant has filed a Notice of Intent with the Conservation Commission for the
municipality of Northampton seeking permission to remove, fill, dredge or alter an Area
Subject to Protection Under the Wetlands Protection Act (General Laws Chapter 131,
Section 40).
C. The address of the lot where the activity is proposed is 50 Water Street.
D. Copies of the Notice of Intent may be examined at the Northampton City Hall between the
hours of 9:00 am and 4:00 pm Monday through Friday at the Northampton Planning
-- Office. For more information call (413) 587 -1266.
E. Copies of the Notice of Intent may be obtained from the applicant's representative by
calling (413)256 -0202 between 9am and 5pm Monday through Friday.
F. Information regarding the date, time and place of the public hearing may be obtained from
the Planning Office by calling between 8:30 am and 4:30 pm Monday through Friday.
NOTE: Notice of the public hearing, including its date, time and place will be published
at least five (5) days in advance in the Daily Hampshire Gazette.
NOTE: Notice of the public hearing, including its date, time and place will be posted in the
City Hall not less that forty eight (48) hours in advance.
NOTE: You also may contact your local Conservation Commission or the nearest
Department of Environmental Protection Regional Office for more information
about this application or the Wetlands Protection Act. To contact DEP call:
Central Region: (508)792 -7650 Northeast Region: (617)935 -2160
Southeast Region: (508)946 -2800 * ** Western Region: (413)784 -1100
NEW ENGLAND EN bIRONMENTAL, INC.
Environmental Consulting Services 800 Main Street
Amherst, MA 01002
(413) 256 -0202
FAX (413) 256 -1092
AFFIDAVIT OF SERVICE
Under the Massachusetts Wetlands Protection Act
I, Stacy Powers hereby certify under the pains and penalties of perjury that on August 2, 2000.
I gave notification to abutters in compliance with the second paragraph of Massachusetts General
Law Chapter 131, Section 40, and the DEP Guide to Abutter Notification dated April 8, 1994,
in connection with the following matter:
A Notice of Intent filed under the Massachusetts Wetlands Protection Act by
Elizabeth Kilduff and Kathleen Anderson with the Northampton Conservation
Commission on August 2. 2000 for property located at 50 Water Street in Leeds
The form of notification, and a list of the abutters to whom it was given and their addresses, are
attached to the Affidavit of Service.
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NEW ENGLAND ENVIRONMENTAL, INC.
INTRODUCTION
This Notice of Intent proposes to rebuild and restore a section of an eroding rip rap bank of the
Mill River. Winter ice scouring and undercutting by peak spring flows have degraded the
stability of the Bank, and further erosion is likely without restoration. The undercut section is
directly below the highest topographical elevation in the vicinity of the Bank, and this section
also has several trees, some of which are leaning. Without stabilization measures, degradation of
the Bank is therefore likely to accelerate. The plan which is described in this Notice of Intent
proposes removal of invasive exotic vegetation along the top of the bank, rebuilding of the
armored stone surface of the Bank, and planting of native vegetation. No new work is proposed,
no new fill or expansion of the bank is proposed, and no alteration of Bordering Vegetated
Wetland is proposed. This project is a maintenance project to repair an eroded section of stone
rip -rap, with additional stone rip rap to prevent bank scouring and erosion. We are providing a
planting plan to install native wetland vegetation on and adjacent to the bank area.
SITE DESCRIPTION
The eastern edge of the lot at #50 Water Street in Leeds borders on the Mill River. The back
yard of this property is a gently sloping mown lawn with garden spaces and a few trees. A small
barn stands in the northeast corner of the lot (see Site Plan). Trees, shrubs, and untended
herbaceous growth are allowed to grow wild in the area adjacent to the River. Soils are mapped
— as Hinckley loamy sand, a coarse- textured and excessively drained soil, which is typically loose
and unstructured. Observations during a site visit confirmed that the soil is consistent with the
mapped characterization.
DESCRIPTION OF WETLANDS
New England Environmental, Inc., (NEE) completed the wetlands delineation at #50 Water
Street on July 12, 2000. The following resource areas are in the vicinity of the proposed work:
► Bank
► Land Under Water
► Bordering Land Subject to Flooding
► Riverfront
The Land Under Water is in the Mill River. There was no associated Bordering Vegetated
Wetland beyond the Bank, due to the height of the Bank and the droughty nature of the soil. No
other wetland resource areas are present at this site.
Notice of Intent for 50 Water Street Bank Restoration Page 1
NEW ENGLAND ENVIRONMENTAL, INC.
There are no areas of Estimated Habitat of Rare Wildlife according to the Massachusetts Natural
Heritage Atlas, 2000 -2001 Edition, Easthampton Quad (see Figure 2).
Bank
The Bank of the Mill River at the back of this property is a steep slope armored with stone with
an average diameter of 18 " -24 ". The height of the top of slope above an early summer water
level varied from 3' to 5'. In the section which is degraded, undercutting at the toe of the slope
has caused some of the stones to tumble down to the river bottom, and surrounding soil and
stones are loosened and eroding downward.
There are trees and dead tree trunks in the Bank, as well as scattered shrubs. The degraded
section has a thick patch of Japanese Knotweed (Polygonum cuspidatum). Also present in this
area are two other invasive aliens: Asiatic Bittersweet (Celastrus orbiculatis) and Bittersweet
Nightshade (Solanum dulcamara). Native plants growing on the Bank include American Elm
(Ulmus americana), Gray Birch (Betula populifolia), Green Ash (Fraxinus pennsylvanica),
Virginia Creeper (Parthenocissus quinquefolia), and spring- flowering violets (Viola spp.).
Bordering Land Subject to Flooding and Riverfront
The Flood Insurance Rate Map for the Town of Northampton shows that part of the Lot is within
the 100 year floodplain, and is therefore Bordering Land Subject to Flooding. (See Figure 3.) As
the depth of the lot is less than 200', the whole lot is within the Riverfront of the Mill River. A
local Watershed Protection area also covers the back portion of the property. All these resource
areas on this lot are developed residential land with buildings, mowed lawn, and gardens. The
proposed work will take place within the confines of the Bank, except to the extent that patches
of alien vegetation have spread to adjacent areas and will be removed, and subsequent replanting
will be required to stabilize these areas.
PROJECT DESCRIPTION
The purpose of the proposed work is the repair of the rock face of a destabilized section of the
Bank of the Mill River behind #50 Water Street. The goal is to restore the integrity of the Bank
so that it will be better able to resist erosive action by the River, thereby preventing soil erosion
into the River and destabilization of neighboring stretches of Bank. A secondary goal is the
replacement of invasive alien plants on and adjacent to the Bank with appropriate native plants.
These plantings will also help stabilize the rebuilt Bank.
Notice of Intent for 50 Water Street Bank Restoration Page 2
NEW ENGLAND ENVIRONMENTAL, INC.
The total length of Bank repair on this project is 30 linear feet (see Figure 4), starting near the
property line at the southeast corner of the lot. This is less than the 50 foot Bank performance
standard for Bank wildlife habitat; however, since this bank is presently stone rip -rap, it is
presumed not to have "important" wildlife habitat attributes.
Proposed Sequence of Work
1) Clear and remove invasive exotic vegetation from the bank area
2) Cut unstable and leaning trees and remove these from the property. Those trees which are
in the bank restoration area and which are stable, have been flagged in the field to be left
uncut.
3) Replace and rebuild stone rip rap bank using 18 " -24" stone. Fill undercut bank with
smaller stone. Align stone to match the adjacent faces.
4) Replant with native trees and shrubs; seed and mulch exposed soil. (See Figure 4 for
planting plan). These will include 20 Silky Dogwood (Corpus amomum) and 38 Pussy
Willow (Salix discolor).
5) Seed any disturbed riverbank/yard area with a native seed mix as specified below:
SPECIES
PERCENT
Tioga Deertongue (Panicum clandestinum)
22
Creeping Red Fescue (Festuca rubra)
15
Switchgrass (Panicum virgatum)
10
Virginia Wild Rye (Elymus virginicus)
10
Fowl Bluegrass (Poa palustris)
10
Creeping Bentgrass (Agrostis stolonifera)
7
Riverbank Wild Rye (Elymus riparius)
7
Partridge Pea (Chamaecrista fasciculata)
5
Canada Wild -rye (Elymus canadensis)
5
L Fox Sedge (Carex vulpinoidea)
3
Notice of Intent for 50 Water Street Bank Restoration Page 3
NEW ENGLAND ENVIRONMENTAL, INC.
Blue Vervain (Verbena hastata) 2
Canada Goldenrod (Solidago canadensis) 1
Grass - leaved Goldenrod (Euthamia graminifolia) 1
Joe -Pye Weed (Eupatorium fistulosum) 0.5
Boneset (Eupatorium perfoliatum) 0.5
Flat -top Aster (Aster umbellatus) 0.5
Timing
Work will be performed as soon as the Order of Conditions is issued by the Northampton
Conservation Commission. Ideally, the work will take place during periods of low water flow in
late summer /early fall. It is the goal of this project to repair the bank prior to the winter when
erosion and bank scouring is most severe.
Planting of native vegetation will then be timed to take advantage of cooler, wetter fall weather
to establish healthy root systems before winter.
FEES
The activity fee for Category 1(d) (resource improvement) is $55.00. To this is added another
50% for work within the Riverfront, for a total project fee of $82.50. $60.00 is the city share,
and $22.50 has been sent to the DEP lockbox. An additional municipal fee of $35.00 has been
added to the city check, for a sum of $95.00. Copies of the checks follow the Notice of Intent
form.
SUMMARY
The proposed project at #50 Water Street consists of the maintenance rebuilding an existing
rock - covered slope which is part of the Bank of the Mill River, and is also within the Riverfront
and Bordering Land Subject to Flooding. As part of the same operation, invasive alien
vegetation would be removed and replaced by native plants. There will be no expansion of the
existing bank rip rap, no alteration of flood storage, and no alteration of Bordering Vegetated
Wetland.
Notice of Intent for 50 Water Street Bank Restoration Page 4
REFERENCES
NEW ENGLAND ENVIRONMENTAL, INC.
Gleason, H.A. and A. Cronquist. 1991. Manual of Vascular Plants of Northeastern United
States and Adjacent Canada Second Edition. The New York Botanical Garden.
Jackson, Scott. 1995. Delineating Bordering Vegetated Wetlands Under the Massachusetts
Wetlands Protection Act Massachusetts Department of Environmental Protection.
Magee, Dennis W. and Harry E. Ahles. 1999. Flora of the Northeast. University of
Massachusetts Press, Amherst.
Newcomb, Lawrence. 1977. Newcomb's Wildflower Guide Little, Brown and Company.
New England Interstate Water Pollution Control Commission Wetlands Work Group. 1995.
Field Indicators for Identifying Hydric Soils in the Field
Reed, Porter B., Jr., Compiler. 1997. 1996 National List of Vascular Plant Species That Occur
in Wetlands U.S. Fish and Wildlife Service.
Swenson, Eric I. 1981. Soil Survey Hampshire County Massachusetts Central Part United
States Department of Agriculture, Soil Conservation Service, in cooperation with
Massachusetts Agricultural Experiment Station.
Szczebak, David, Amy Maher, Hanni Dinkeloo, Patricia Huckery, Jean Collins, Henry Woolsey,
and Collette Blais. 1999. Massachusetts Natural Heritage Atlas 2000 - 2001 Edition
Natural Heritage and Endangered Species Program, Massachusetts Division of Fisheries
and Wildlife.
U.S. Army Corps of Engineers. 1987. Corps of Engineers Wetlands Delineation Manual.
Technical Report Y -87 -1. 100 pp.
U.S. Army Corps of Engineers, N.E. Division. 1991. Guidelines for soil drainage class
determination. Operational draft. 7 pp.
U.S. Department of Housing and Urban Development, Federal Insurance Administration,
National Flood Insurance Program. 1978. Flood Insurance Rate Map, City of
Northampton, Massachusetts, Hampshire County, Community Panel Number 250167
0001 A.
F: \SHARED \Let00\ 1740narrative.wpd
Notice of Intent for 50 Water Street Bank Restoration Page 5
4�
NEW ENGLAND ENVIRONMENTAL, INC.
Figure 3. Flood Insurance Nate Map, Northampton, Panel 250167 0001 A.
BK OI114P6332
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
1. This Certificate of Compliance is issued to:
Hulbert and Anne Morehouse
Name
54 Water Street
Mailing Address
Leeds MA 01053
City/Town State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Hulbert and Anne Morehouse
Name
Octo ber 11. 2000 246 -473
Dated
3. The project site is located at:
DEP File Number
54 Water Street Northampton
Street Address City/Town
10B 79
Assessors Map /Plat Number Parcel /Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Mary Hulbert and Anne Morehouse
Property Owner (if different)
Hampshire 2654 156
County Book Page
N/A
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
March, 2003
Date
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above- referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above - referenced Order of Conditions have been satisfactorily completed. The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
WPA Form 86
iilliiliil�ll II
VIII it Ii II II�IIIIIIIII
Rev. 02/00
Bk: 7114Pg: 332 Page: 1 of 3
Recorded: 03/28/2003 10:53 AM
'N ° 0v
Page 1 of 3
BK 01114PG333
Massachusetts'b �epartment of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 2 -473
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
City of Northampton Wetlands Protection Ordinance, Chapter 24
B. Certification (cont.)
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above -
referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is
therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act
may commence without filing a new Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue: (Include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
C. Authorization
Issued by:
Northampton Conservation Commission March 28, 2003
Conservation Commission Date of Issuance
This Certificate must be signed by a
applicant and appropriate DEP Regi
Sig
FA
On Twenty— seventh Of March, 2003
Day Month and Year -
before me personally appeared
the above -named
to me known to be the persons described in and who executed the foregoing instrument and
acknowledged that they executed the same as their free act and deed.
� 7
otary ubic My comnlission ex res
of the Conservation Commission and a copy sent to the
;e (See Appendix A).
WPA Form 8B Page 2 of 3
Rev. 02/00
Date sent to DEP Regional Office: March 28. 2003
�c41114
Massachusetts*v6partment of Environmental Prot ce tion
Bureau of Resource Protection - Wetlands DEP File Number
WPA Form 8B — Certificate of Compliance 246 -473
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
City of Northampton Wetlands Protection Ordinance, Chapter 24
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
WPA Forth 86 ATMT: RAM SHIRE �i+ , Page 3 of 3
Rev. 02= s 'a ••QQVWIV �/ . REGISTE►
MARIANNE L.
-, - - Doc: 992013154 OR /6050/0290 10/26,,„X010:30
DEP File Number:
246 -473
Provided by DEP
Important:
From:
When filling
out forms on
Northampton Conservation Commission
the computer,
Conservation Commission
use only the
tab key to
This issuance if for (check one):
move your
cursor - do
® Order of Conditions
not use the
return key.
❑ Amended Order of Conditions
To: Applicant:
Mary Hulbert and Anne Morehouse
Name
low
.22A
54 Water Street
Mailing Address
Leeds MA 01053
City/Town State Zip Code
1. Project Location:
Property Owner (if different from applicant):
Mary Hulbert and Anne Morehouse
Name
54 Water Street
Mailing Address
Leeds MA 01053
City/Town State Zip Code
54 Water Street Northampton
Street Address City/Town
10B 79
Assessors Map /Plat Number Parcel /Lot Number
2. Property recorded at the Registry of Deeds for:
Hampshire 2654 156
County Book Page
N/A -
Certificate (if registered land)
3. Dates:
August 4, 2000 September 11, 2000 October 11, 2000
Date Notice of Intent Filed Date Public Hearing Closed Date of issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
"Site Plan of Land at 50 & 54 Water Street, Leeds, Massachusetts," Prepared for 07/19/00
New England Environmental, Inc. by E.B. Holmberg & Associates Date
5. Final Plans and Documents Signed and Stamped by:
Emily B. Holmberg, P.L.S.
Name
6. Total Fee:
$82.50 + $35.00 Local Ordinance Fee
(from Appendix B: Wetland Fee Transmittal Form)
WPA Form 5
Rev. 02/00
Page 1 of 7
UY
»
WPA Form 5
Rev. 02100
4, Doc: 992013154 OR /6050/0291
16 10:30
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
Findings pursuant to the Massachusetts Wetlands Protection Act:
DEP File Number:
246 -473
Provided by DEP
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:
❑ Public Water Supply
❑ Private Water Supply
❑ Groundwater Supply
® Land Containing Shellfish
❑ Fisheries
® Storm Damage Prevention
® Prevention of Pollution
® Protection of Wildlife Habitat
® Flood Control
Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. 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:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. 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.
❑ 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).
General Conditions (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.
Page 2 of 7
Doe; 992023154 OR /6050/0292 ,J26/200010,30
Massachusetts Department of Environmental Protection DEP File Number:
k „3 246 -473
Bureau of Resource Protection - Wetlands Provided by DEP
WPA Form 5 - Order of Conditions
n Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
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. 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. The
Commission usually will record the Order in the Registry of Deeds. It is the applicant's
responsibility to insure the Order is properly recorded.
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, "MA DEP'J
"File Number 246 -473
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 DEP.
11. Upon completion of the work described herein, the 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 special 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.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
WPA Form 5 Page 3 of 7
Rev. 02100
B. Findings (cont.)
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 shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and 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.
Special Conditions (use additional paper, if necessary):
See Additional Conditions (Attachment A)
Findings as to municipal bylaw or ordinance
Furthermore, the Northampton hereby finds (check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Name Municipal Ordinance or Bylaw
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.
❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
Name Municipal Ordinance or Bylaw
The Commission orders that all work shall be performed in accordance with the said additional
conditions and with the Notice of Intent referenced above. To the extent that the following conditions
modifv or differ from the p lans . specifications. or other proposals submitted wi t Notice of Intent.
WPA Form 5 Page 4 of 7
Rev. 02/00
— Massachusetts U*pa-*wont of Environmental Pratection — —
Bureau of Resource �.tection — Wetlands l
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M. G. L. C. 131, 940
0 Findings (cost.)
On this
25th
This Order is valid for three years, unless otherwise specified
as a special condition pursuant to General Conditions #4,
from the date of issuance.
October 11, 2000
Date
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 regional office of the Department of
Environmental Protection.
day of September
Month
2000
Year
before me personally appeared
Michael Reed
W
0
CA
0
to me known to be the person described in and who executed
ie foregoing instrument and acknowledged that he/she
cecuted the same as his /her free act and deed.
C-
Nolary Pu g ay 31, 2007
My commission expires
its Order is issued to the applicant as follows:
by hand delivery on
Date
by certified mail, return receipt requested, on
October 11, 2000
Date
Appeals
The applicant, the owner, any person aggrieved by this Order,
any owner of land abutting the land subject to this Order, or
any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the
appropriate Department of Environmental Protection Regional
Office to issue a Superseding Order of Conditions. The request
must be made by certified mail or hand delivery to the
Department, with the appropriate filing fee and a completed
Appendix E: Request for Departmental Action Fee Transmittal
Form, as provided in 310 CMR 10.03(7) within ten business
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 to the applicant,
if he/she is not the appellant.
The request shall state clearly and concisely the objections to
the Order which is being appealed and how the Order does not
contribute to the protection of the interests identified in the
Massachusetts Wetlands Protection Act (M.G.L. c. 131, §40
and is inconsistent with the wetlands regulations (310 CMR
10.00). To the extent that the Order is based on a municipal
bylaw, and not on the Massachusetts Wetlands Protection Act
or regulations, the Department of Environmental Protection has
no appellate jurisdiction.
Rev. 10/98 Page
DEP File Number:
246 -473
Provided by DEP
C. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in
310 CMR 10.03(7) within ten business 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 to
the applicant, if he /she is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
D. 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 Form 5 shall be submitted to the Conservation Commission listed below.
Northampton Conservation Commission
Conservation Commission
WPA Form 5 Page 6 of 7
Rev. 02/00
Doc; 992023154 OR /MK,_, 10/16/200010,30
D. Recording Information (cont.)
DEP File Number:
nAB A70
r - IVVIUVU vy va-r
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------- - - - - --
To:
Northampton Conservation Commission
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
54 Water Street 246 -473
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Hampshire
County Book
for:
Mary Hulbert and Anne Morehouse
Property Owner
and has been noted in the chain of title of the affected property in:
Page
Book
Page
In accordance with the Order of Conditions issued on:
October 11, 2000
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
WPA Form 5 Page 7 of 7
Rev. 02/00
Doc; 992023154 OR /6050/0291 `' 10/26/200010:30
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
are as follows:_
( #26, #27).
24. Prior to the start of any site work, excavation or construction, a preconstruction
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, also.
WETLAND REPLICATION:
Doc. 992023154 OR /50/0298 10/26/20(K110
25. A wetland specialist, approved by the Conservation Commission, shall be on -site during
all phases of the transference /replanting and construction of the replication area.
26. A report of the success of re- vegetation activities shall be submitted to the Conservation
Commission, by a qualified wetlands scientist on the following schedule:
By (September 2001)
By (September 2002)
27. At the time of requesting a Certificate of Compliance, the applicant must submit a
"Summary Report" by a qualified individual of work completed on the site, actions taken
during the replication, and the rate of success of wetland replication.
t N'f '{y►
oto
♦TTES'Ts B*SHI1tE, � .c RE INARIAMM Z.. SU
Ob 8
i
Important:
When filling
out forms on
the computer,
use only the
tab key to
move your
cursor - do
not use the
return key.
\—,-
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 246-473 Provid ed b b y y DEP
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
From:
Northampton Conservation Commission
Conservation Commission
This issuance if.for (check one):
® Order of Conditions
❑ Amended Order of Conditions
To: Applicant:
Mary Hulbert and Anne Morehouse
Name
54 Water Street
Mailing Address
Leeds MA 01053
City/Town State Zip Code
1. Project Location:
Property Owner (if different from applicant):
Mary Hulbert and Anne Morehouse
Name
54 Water Street
Mailing Address
Leeds MA 01053
City/Town State Zip Code
54 Water Street Northampton
Street Address City/Town
10B 79
Assessors Map /Plat Number Parcel /Lot Number
2. Property recorded at the Registry of Deeds for:
Hampshire 2654 156
County Book Page
N/A
Certificate (if registered land)
3. Dates:
August 4, 2000 September 11, 2000 October 11, 2000
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
"Site Plan of Land at 50 & 54 Water Street, Leeds, Massachusetts," Prepared for 07/19/00
New England Environmental, Inc. by E.B. Holmberg & Associates Date
5. Final Plans and Documents Signed and Stamped by:
Emily B. Holmberg, P.L.S.
Name
6. Total Fee:
$82.50 + $35.00 Local Ordinance Fee
(from Appendix B: Wetland Fee Transmittal Form)
WPA Form 5 Page 1 of 7
Rev. 02/00
`..j
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
DEP File Number:
246 -473
Provided by DEP
B. Findings
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:
❑ Public Water Supply
❑ Private Water Supply
❑ Groundwater Supply
® Land Containing Shellfish
❑ Fisheries
® Storm Damage Prevention
® Prevention of Pollution
® Protection of Wildlife Habitat
® Flood Control
Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. 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:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. 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.
❑ 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).
General Conditions (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.
WPA Forth 5 Page 2 of 7
Rev. 02/00
Massachusetts Department of Environmental Protection DEP File Number:
246 -473
Bureau of Resource Protection - Wetlands Provided by DEP
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
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. 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. The
Commission usually will record the Order in the Registry of Deeds. It is the applicant's
responsibility to insure the Order is properly recorded.
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, "MA DEP "]
"File Number 246 -473 "
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 DEP.
11. Upon completion of the work described herein, the 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 special 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.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
WPA Form 5 Page 3 of 7
Rev. 02/00
B. Findings (cont.)
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 shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and 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.
Special Conditions (use additional paper, if necessary):
See Additional Conditions (Attachment A).
Findings as to municipal bylaw or ordinance
Furthermore, the Northampton hereby finds (check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Name Municipal Ordinance or Bylaw
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.
❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
Name Municipal Ordinance or Bylaw
The Commission orders that all work shall be performed in accordance with the said additional
conditions and with the Notice of Intent referenced above. To the extent that the following conditions
modifv or differ from the plans. specifications. or other or000sals submitted with the Notice of Intent.
WPA Form 5
Rev. 02/00 Page 4 of 7
EE P
Massachusetts D - Trtment of Environmental Protectian-
Bureau of Resoui'a.. rotection — Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M. G. L. c. 131, X40
Findings (coot.)
This Order is valid for three years, unless otherwise specified
as a special condition pursuant to General Conditions #4,
from the date of issuance.
On this
25th
October 11, 2000
Date
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 regional office of the Department of
Environmental Protection.
day of September
Month
2000
Year
before me personally appeared
Michael Reed
to me known to be the person described in and who executed
ie foregoing instrument and acknowledged that he /she
xecuted the same as his /her free act and deed.
-X
NotaryPubli� y 31, 2007
My commission exprrea
its Order is issued to the applicant as follows:
by hand delivery on
Date
by certified mail, return receipt requested, on
October 11, 2000
Date
Appeals
The applicant, the owner, any person aggrieved by this Order,
any owner of land abutting the land subject to this Order, or
any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the
appropriate Department of Environmental Protection Regional
Office to issue a Superseding Order of Conditions. The request
must be made by certified mail or hand delivery to the
Department, with the appropriate filing fee and a completed
Appendix E: Request for Departmental Action Fee Transmittal
Form, as provided in 310 CMR 10.03(7) within ten business
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 to the applicant,
if he /she is not the appellant.
The request shall state clearly and concisely the objections to
the Order which is being appealed and how the Order does not
contribute to the protection of the interests identified in the
Massachusetts Wetlands Protection Act (M..G.L. c. 131, §40
and is inconsistent with the wetlands regulations (310 CMR
10.00). To the extent that the Order is based on a municipal
bylaw, and not on the Massachusetts Wetlands Protection Act
or regulations, the Department of Environmental Protection has
no appellate jurisdiction.
Rev. 10/98
Paoe
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
DEP File Number:
246 -473
Provided by DEP
C. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in
310 CMR 10.03(7) within ten business 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 to
the applicant, if he /she is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
D. 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 Form 5 shall be submitted to the Conservation Commission listed below.
Northampton Conservation Commission
Conservation Commission
WPA Forth 5
Rev. 02/00 Page 6 of 7
DEP File Number:
')AM A77
, iv-- uy -
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
-------------------------------------------------------------------------------------------------------------------- - - - - --
To:
Northampton Conservation Commission
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
54 Water Street 246 -473
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Hampshire
County Book Page
for:
Mary Hulbert and Anne Morehouse
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:
October 11, 2000
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
WPA Form 5
Rev. 02/00
Page 7 of 7
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 CNM 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
are as follows:
( #26, #27).
24. Prior to the start of any site work, excavation or construction, a preconstruction
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, also.
1
WETLAND REPLICATION:
25. A wetland specialist, approved by the Conservation Commission, shall be on -site during
all phases of the transference /replanting and construction of the replication area.
26. A report of the success of re- vegetation activities shall be submitted to the Conservation
Commission, by a qualified wetlands scientist on the following schedule:
By (September 2001)
By (September 2002)
27. At the time of requesting a Certificate of Compliance, the applicant must submit a
"Summary Report" by a qualified individual of work completed on the site, actions taken
during the replication, and the rate of success of wetland replication.
IL
Massachusetts)`lepartment of Environmental Protec on
Bureau of Resource Protection - Wetlands
DEP File Number:
WPA Form 8B — Certificate of Compliance
246 -475
s
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by DEP
City of Northampton Wetlands Protection Ordinance, Chapter 24
A. Project Information
Important:
1. This Certificate of Compliance is issued to:
When filling out
forms on the
Elizabeth Kilduff and Kathleen Anderson
"computer, use
Name
only the tab
50 Water Street
key to move
your cursor -
Mailing Address
01053
do not use the
Leeds MA
return key.
City/Town State
Zip Code
V Q
'' � 1 ����
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Elizabeth Kilduff and Kathleen Anderson
W
Name
W
October 18, 2000 246 -475
Dated DEP File Number
3. The project site is located at:
50 Water Street Northampton
Street Address City/Town
10B 78
Assessors Map /Plat Number Parcel /Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Elizabeth Kilduff & Kathleen Anderson
Property Owner (if different)
Hampshire 1040
330
County Book
Page
N/A
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
March, 2003
Date
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the obove- referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above - referenced Order of Conditions have been satisfactorily completed. The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
WPA Forth 88 Page 1 of 3
Rev. 02/00
MassachusettsVepartment of Environmental Prote ton
Bureau of Resource Protection - Wetlands DEP File Number:
- WPA Form 8B — Certificate of Compliance 246 -475
Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 Provided by DEP
C ity of Northampton Wetlands Protection Ordinance, Chapter 24
B. Certification (cont.)
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above -
referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is
therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act
may commence without filing a new Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue: (Include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
# 26 & 27
C. Authorization
Issued by:
Northampton Conservation Commission March 28, 2003
Conservation Commission Date of Issuance
Date sent to DEP Regional Office: March 28, 2003
This Certificate must be signed by a jority of the Conservation Commission and a copy sent to the
applicant and apprgpri kte DEP Regj� al Office (See Appendix A).
� ✓�arc� /l�a�.-
On Twenty- seventh Of March, 2003
Day Month and Year
before me personally appeared
the above -named -
to me known to be the persons described in and who executed the foregoing instrument and
acknowledged that they executed the same as their free act and deed.
&A . 4 Z0071
Notary ubic My cAmmissionexpires
WPA Forth 88 Page 2 of 3
Rev. 02100
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number.
WPA Form 8B — Certificate of Compliance 246 -475
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
City of Northampton Wetlands Protection Ordinance, Chapter 24
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
WPA Form 88 Page 3 of 3
Rev. 02100
DEP File Number:
246 -475
Provided by DEP
I
Important:
From:
When filling
out forms on
Northampton Conservation Commission
the computer,
Conservation Commission
use only the
tab key to
This issuance if for (check one):
move your
cursor - do
® Order of Conditions
not use the
return key.
❑ Amended Order of Conditions
To: Applicant:
Elizabeth Kilduff & Kathleen Anderson
Name
50 Water Street
Mailing Address
Leeds MA 01053
City/Town State Zip Code
1. Project Location:
50 Water Street
Street Addrp��
4
WPA Forth 5
Rev. 02100
Property Owner (if different from applicant):
Elizabeth Kilduff & Kathleen) Anderson
Name
50 Water Street
Mailing Address
Leeds MA 01053
City/Town State Zip Code
►f 11 ai
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Hampshire 1040 330
County Book Page
N/A
Certificate (if registered land)
3. Dates:
August 4, 2000 September 11, 2000 October 18, 2000
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
Final Approved Plans and Other Documents (attach additional plan references as needed):
"Site Plan of Land at 50 & 54 Water Street, Leeds, Massachusetts," Prepared for 07/19/00
New England Environmental, Inc. by E.B. Holmberg & Associates Date
5. Final Plans and Documents Signed and Stamped by:
Emily B. Holmberg, P.L.S.
Name
6. Total Fee:
$82.50 + $35.00 Local Ordinance Fee
(from Appendix B: Wetland Fee Transmittal Form)
Page 1 of 7
DEP File Number:
246 -475
Provided by DEP
B. Findings
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:
❑ Public Water Supply
❑ Private Water Supply
❑ Groundwater Supply
® Land Containing Shellfish
❑ Fisheries
® Storm Damage Prevention
® Prevention of Pollution
® Protection of Wildlife Habitat
® Flood Control
Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. 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:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. 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.
❑ 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).
General Conditions (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.
WPA Forth 5 Page 2 of 7
Rev. 02/00
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. 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. The
Commission usually will record the Order in the Registry of Deeds. It is the applicant's
responsibility to insure the Order is properly recorded.
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, "MA DEP "]
"File Number 246 -475 "
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 DEP.
11. Upon completion of the work described herein, the 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 special 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.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
WPA Forth 5 Page 3 of 7
Rev. 02/00
I
DEP File Number:
9AFLA7;
nwiUCU uy uCF'
Important:
When filling
out forms on
the computer,
use only the
tab key to
move your
cursor - do
not use the
retur
n ke
_ �I
WPA Form 5
Rev. 02/00
A. General Information
From:
Northampton Conservation Commission
Conservation Commission
This issuance if for (check one):
® Order of Conditions
❑ Amended Order of Conditions
To: Applicant:
Elizabeth K ilduff & Kathle Anderson
Name
50 Water Street
Mailing Address
Leeds MA 01053
City/Town State Zip Code
1. Project Location:
50 Water Street
Street Add
Assessors Map /Plat Number
2. Property recorded at the Registry of Deeds for:
Hampshire
County
N/A
Certificate (if registered land)
3. Dates:
August 4, 2000
Date Notice of Intent Filed
4.
Property Owner (if different from applicant):
Elizabeth Kilduff & Kathleen Anderson
Name
50 Water Stree
Mailing Address
Leeds MA 01053
c.:ityrrown State
Parcel /Lot Number
1040 330
Book Page
Zip Code
September 11, 2000 October 1$, 2000
Date Public Hearing Closed Date of Issuance
Final Approved Plans and Other Documents (attach additional plan references as needed):
Site Plan of Land at 50 & 54 Water Street, Leeds, Massachusetts," Prepared for 07/19/00
New England Environmental, Inc by E-13. Holmberg & Associates Date
5. Final Plans and Documents Signed and Stamped by:
Emily B. Holmberg, P.L.S.
Name
6. Total Fee:
$82.50 + $35.00 Local Ordinance Fee
(from Appendix B: Wetland Fee Transmittal Form)
Page 1 of 7
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:
❑ Public Water Supply
® Land Containing Shellfish
® Prevention of Pollution
❑ Private Water Supply
❑ Groundwater Supply
❑ Fisheries
® Storm Damage Prevention
® Protection of Wildlife Habitat
® Flood Control
Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. 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:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. 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.
❑ 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).
General Conditions (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.
WPA Forth 5
Rev. 02100 Page 2 of 7
B. Findings (cont.)
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. 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. The
Commission usually will record the Order in the Registry of Deeds. It is the applicant's
responsibility to insure the Order is properly recorded.
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, VA DEP'J
"File Number 246 -475 "
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 DEP.
11. Upon completion of the work described herein, the 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 special 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.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
WPA Form 5
Rev. 02100 Page 3 of 7
Important:
When filling
out forms on
the computer,
use only the
tab key to
move your
cursor - do
not use the
return key.
�I
WPA Form 5
Rev. 02/00
From:
Iyortnampton Conservation Commission
Conservation Commission
This issuance if for (check one):
® Order of Conditions
❑ Amended Order of Conditions
To: Applicant:
Elizabeth Kilduff & Kathleen Anderson
Name
50 Water Street
Mailing Address
Leeds MA 01053
City/Town State Zip Code
1. Project Location:
50 Water Street
Street Addres
Assessors Map /Plat Number
2. Property recorded at the Registry of Deeds for:
Hampshire
County
N/A
Certificate (if registered land)
3. Dates:
August 4, 2000
Date Notice of Intent Filed
Property Owner (if different from applicant):
Elizabeth Kilduff & Kathleen Anderson
Name
50 Water Street
Mailing Address
Leeds MA 01053
City/Town State Zip Code
Parcel /Lot Number
1040
Book
September 11, 2000
Date Public Hearing Closed
330
Page
October 18, 2000
Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
"Site Plan of Land at 50 & 54 Water Street, Leeds, Massachusetts," Prepared for 07/19/00
New England Environmental Inc. by E B Holmberg & Associates
Date
5. Final Plans and Documents Signed and Stamped by:
Name
B. Holmber , P.L.S.
6. Total Fee:
$82.50 + $35.00 Local Ordinance Fee
(from Appendix B: wetland Fee Transmittal Form)
Pagel of 7
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:
❑ Public Water Supply ® Land Containing Shellfish
® Prevention of Pollution
❑ Private Water Supply ❑ Fisheries
® Protection of Wildlife Habitat
❑ Groundwater Supply ® Storm Damage Prevention
® Flood Control
Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. 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:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. 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.
❑ 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).
General Conditions (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.
WPA Form 5
Rev. 02100
t Page 2 of 7
4 '
. Doc: 9920M OR /6063/0071 --W/2000 y 1012
i
of Environmental
r
Protection
DEP File Number:
Massachusetts Departlmant
Bureau of Resource Proteslon - Wetlands
2 46-475
WPA Form 5 - Order of Conditions
Provided by DEP
Wetlands Protection Act M.G.L.
c. 131, §40
Massachusett
A. General Information
important:
From:
When filling
out forms on
Northampton Conservation Commission
the computer,
Conservation commission
use only the
This issuance if for (check one):
tab key to
move your
®Order of Conditions
cursor - do
not use the
F1 Amended Order of Conditions
return key.
Property Owner (if different from applicant):
To: Applicant:
Elizabeth Kilduff & Kathleen Anderson
Elizabeth Kilduff & Kathlee
Anderso
Name
Name
50 Water Street
50 Water Street
Mailing Address
Mailing Address
Leeds MA 01053
Leeds
MA 01053
State zip Code
City/Town State zip Code
City/Town
1. Project Location:
50 Water Street
Northampton
Street Add
wn
4!rap/Plat Number
Parcel /Lot Number
2. Property recorded at the Registry of Deeds for:
1040
330
Hampshire
Book
Page
County
N/A
Certificate (if registered land)
3. Dates:
August 4, 2000 September 11, 2000 October 18, 2000
Date Notice of Intent Flled
Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
" Prepared for 07/19/00
"Site Plan of Land at 50 & 54 Water Street, Leeds, Massachusetts, Date
New England Environmental, Inc. by E.B. HolmbeEg &Associates
5. Final Plans and Documents Signed and Stamped by:
Emily B. Holmberg, P.L.S.
Name
6. Total Fee:
$82.50 + $35.00 Local Ordinance Fee
(from Appendix B: wetiand Fee Transmittal Form)
Page 1 of 7
WPA Form 5
Rev. 02100
OR /601F� w13/« 10-.27
B. Findings
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order ofCo Edition §40
Massachusetts Wetlands Protection A ct
DEP File Number:
246 -475
Provided by DEP
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:
❑ Public Water Supply
❑ Private Water Supply
❑ Groundwater Supply
® Land Containing Shellfish
❑ Fisheries
® Storm Damage Prevention
® Prevention of Pollution
® Protection of Wildlife Habitat
® Flood Control
Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. 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:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. 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.
❑ 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).
General Conditions (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.
Page 2 of 7
WPA Form 5
Rev. 02100
Doc, 9920M OR 11 B M 10121
DEP File Number:
Massachusetts Department of Environmental Protection
m Bureau of Resource Protection - Wetlands 246 -475
WPA Farm 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
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. 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. The
Commission usually will record the Order in the Registry of Deeds. It is the applicant's
responsibility to insure the Order is properly recorded.
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, "MA DEP'J
"File Number 246 -475 "
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 DEP.
11. Upon completion of the work described herein, the 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 special 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.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
Page 3 of 7
wPA Form 5
Rev. 02100
00/Zo 'nag!
S wJoj VdM
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`;ua;ul 10 ao!}oN ay; y ;!nn pa;;!wgns slesodojd jay ;o jo `suo!;eogpads `sueld ay; wojl jaMp jo 4!pow
suol }!puoo 6ulnnollol ay};ey; }uwa ay; of •anoge peouejajej;ua;ul 10 ao!;oN ay; y }!nn pue suo!;!puoo
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`melAq jo eoueu!pjo Iedlolunw a y ;!nn Aldwoo o; i(jessaoau aje suo!;!puoo Ieuo!}!ppe 6u!mollol ay};ey; []
•panssi s! suo!;lpuoo
10 japjo leug a pue `spjepue ;s asay; }aaw o; a;enbape aje yo!ynn sajnseaw sap!nojd yolynn popwgns
sl;ua}ul 10 ao!}oN peslnaj a Iq pue ssalun pjeiwol 06;ou Aew }oefojd sp uo Mjom `ajoJajayl
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eweN
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uolssiwwoo uoneniasuoo
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eaueufpjo io mvIAq locIpunw o; se s6uipuIA
y }uawyoe:gy suol;!puoo leuo!;!ppy eag
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10 11w!I jay}oue ssalun Mjonn 10 J!w!I ay; se anjas Ileys sja!jjeq uol ;e}uaw!pag -Aiesseoeu wasp Aew }1
sloj}uoo uol;uanajd 96ewep jo/pue uolsoja Ieuo!;!ppe aj!nbaj o; 146p 941 sanjasaj yo!ynn `uo!ss!wwoo
uo! ;enjasuoo ay; �}! }ou �(Ia ;e!paww! osle Ileys pue a ;!s ay; }e jn000;ey; swalgojd uolsoja �(ue Ioj;uoo
�(Ia;e!pawwl Ileys;ueolldde ayl •papeou se s;uaw!pas pa;elnwnooe anowaj Ileys pue s!seq AIlep a uo
sloj;uoo uolsoja ay;;oodsu! Ileys aau6lsap jay s!y jo;ueolldde ey; `uol}onj ;suoo 6u!jna Apoq ja ;enn
jo puel;ann a ul pa;!sodap aq s;uaw!pas Ileys awl; ou }y -sueaw jay ;o j sje ijjeq u y }!nn paz!I!ge }s
AIlnj ueaq envy seaje pagjn;s!p lie IRun j!edaj pooh ul peule;u!ew aq Ile sje!jjeq uo! ;e ;uaw!pes II`d 'L L
•uolsslwwoo uol;enjasuoo ay; �(q penssi uaaq se' eoue!Idwoo jo 91e39Wao
e Il;un peu!e;ulew eq Ileys sjaMiew Aiepunoq puel;am ay; `aoeld u! aouo 6u!66e1} jo se)Ie }s
uapoonn Aq pa)Ijew aq Ileys eaje Mjonn pasodojd ay ; 10 A4!u131n ay; ul puel;ann ey; jo Aiepunoq ay;
`puel }aM p9}e }969n 6u!japjoq a o; }uaoefpe Mjonn sanlonu!;oefojd ay; p pue Vonn10 aje ;s ay; o; jo!jd '96
•japjo sly;
Aq peuo!;!puoo Mlonn 6u!wjo uosied jay }o jo jo}oej}uoo Aue o; pue japjo sly; o;;oafgns p o sl ado d
ay ;10 Ioj;uoo u! josseoons jo ;saja;ul u! jossaoons �(ue o; �(Idde Ileys suo! }!puoo 10 ja j
(•Juoo) SBuipu •8
ot ` �£ � 'o ' J' W IDV UOIIDGIOJd spueIIGM sUasnyoessew
d3a A4 Papinojd suoilipuoo to ispio - 5 WJOd VdM
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uoR3e4 le ;uewuo.Jinu3 }o ;uewpedea saesnyoesseW
:jagwnN 80=1 d3a
lbc, 9920 585 OR /63/0075 )IIWM 10.21
DEP File Number:
'?AR-A7-
vroviaeo oy ucr
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions #4, from the date of issuance.
October 18, 2000
Date
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 (see Appendix A) and the property owner (if different from applicant).
Sinnatures:
the 13th
On
Day
before me personally appeared
James Kaplan
Of
%J%- . - ber
Month and Year
WPA Form 5
Rev. 02100
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.
May 31, zuu i
Notary Public My commission Expires
This Order is issued to the applicant as follows:
0 by hand delivery on ❑ by certified mail, return receipt requested, on
October 18, 2000
Page 5 of 7
Rocs 9M585 OR /6063/0016 11,�W MY
L..� DEP File Number:
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands 246 -475
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in
310 CMR 10.03(7) within ten business 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 to
the applicant, if he /she is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
D. 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 Form 5 shall be submitted to the Conservation Commission listed below.
Northampton Conservation Commission
Conservation Commission
Page 6 of 7
WPA Form 5
Rev. 02100
DecI 99MIM OR /GE/0017,,,. WBrM 10.- 27
DEP File Number:
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands 246 -475
WPA Form 5 - Order of Conditions Provided by DEP
a
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
----------------------------------------------------------------
To:
Northampton Conservation Commission
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
50 Water Street 246 -475
Project location DEP File Number
Has been recorded at the Registry of Deeds of:
Hampshire Page
County Book
for:
Elizabeth Kilduff and Kathleen Anderson
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:
October 18, 2000
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
Page 7 of 7
WPA Form 5
Rev. 02/00
Dots MM O /M/0078 11/1 rM 100
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
are as follows:
( #26, #27).
24. Prior to the start of any site work, excavation or construction, a preconstruction
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
- construction meeting, all erosion control devices must be
/�,' parties. Prior to the pre
installed, also.
1
PC 992029585 OR A NYON 11/131200010:2
WETLAND REPLICATION:
25. A wetland specialist, approved by the Conservation Commission, shall be on -site during
all phases of the transference /replanting and construction of the replication area.
26. A report of the success of re- vegetation activities shall be submitted to the Conservation
Commission, by a qualified wetlands scientist on the following schedule:
By (September 200 1)
By (September 2002)
27. At the time of requesting a Certificate of Compliance, the applicant must submit a
"Summary Report" by a qualified individual of work completed on the site, actions taken
during the replication, and the rate of success of wetland replication.
AT=, IMSSZSa. � BECISM
MARIAM L. DONOM11,
, f
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Y Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
Detach o dotte line, have stamped by the Registry of Dee and submit to the Conservation Commission.
To:
Northampton Conservation Commission
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
50 Water Street 246 -475
Project Location DEP Fite Number
Has been recorded at the Registry of Deeds of:
Hampshire
Book Page
County
for:
Elizabeth Kilduff and Kathleen Anderson
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:
October 18, 2000
Date V* V
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number -
of Awlicant
Page 7 of 7
WPA Forth 5
Rev. 02/00
� f
4
DEP File Number
946-473
rroviaea vy vcr
log - 1 77
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
To:
North ton Conservation Commission
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
=A IAl -4nr Q4rcc4
246 -473
Project Location DEP Fite Number
Has been recorded at the Registry of Deeds of:
. Hampshire
County Book Page
for:
Mary Hulbert and Anne Morehouse
Property Owner
and has been noted in the chain of title of the affected property in:
Book
WPA Form 5
Rev. 02100
Page
In accordance with the Order of Conditions issued on:
October 11, 2000
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
Page 7 of 7