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ENVIRONMENTAL SERVICES OF GREENFIELD, MA AND FIELD LOCATED BY
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THIS OFFICE ON DECEMBER 26, 2003.
LEGEND
\ — — — — 200' RIVERFRONT ZONE LINE
RIVERFRONT AREA ON PARCEL = 77,500 SQ. FT.f — — 100 RIVERFRONT ZONE LINE
DISTURBED AREA WITHIN RIVERFRONT AREA = 5,376 SQ. FT.f — — .. — . • — • • -- 100 BORDERING VEGETATED WETLAND LINE
— 100' TOP OF RIVER BANK LINE
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NO. I DATE I BY
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CURRENT DATE:
2/7/2003
HORIZ SCALE: 1 " =20'
VERT SCALE:
FIELD WORK:
PC/ism
FINAL DATE:
PS:
N/A
CHECKED: PRL
SURVEYOR:
PRL
DESIGN:
ENGINEER:
DRAFTING: JSM /STZ
EXISTING CONOTIOIVS PLAN IN PROJECT N0: 02229
LEEDS, MASSACHUSETTS HtNTLEY DRAWING N0: 02229 FILE N0:
HAMPSHIRE COUNTY HUNTLEY ASSOCIATES, P. C.
SHEET N0.
PREPAR£O FOR SURVEYORS ENGINEERS LANDSCAPE ARCHITECTS
ALAN VOGEL 30 INDUSTRIAL DRIVE EASE � �F 2
NORTHAMPTON, MASSACHUSETTS 01060
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1 0� - 02-�rC-
DEP File Number:
246 -518
Provided by DEP
Important:
When filling
out forms on
the computer,
use only the
tab key to
move your
cursor - do
not use the
return key.
'�I
M'A
W PA Form 5
Rev. 02/00
A. General Information
Zip Code
1. Project Location:
119 Arch Street
Street Address
10D
Assessors Map /Plat Number
2. Property recorded at the Registry of Deeds for:
Hampshire
County
Certificate (if registered land)
3. Dates:
From:
Northam ton
Conservation Commission
This issuance if for (check one):
® Order of Conditions
❑ Amended Order of Conditions
To: Applicant:
Alan Vogel and Beth Fischer
Name
102 Wildflower Drive
Mailing Address
Amherst MA 01002
City/Town State
Paul Lussier, P.L.S.
Name
5. Final Plans and Documents Signed and Stamped bv: revised
IIIIIIIIIII
I III
III N
Ili
I�IIIIN�
II
Bk: 7148Pg; 219 Page: 1 of 9
Recorded: 04/17/2003 08:43 AM —
Property Owner (if different from applicant):
Name
Mailing Address
City/Town State
Zip Code
Northampton
Ctty/Town
26
Parcel/Lot Number
1906 52
Book Page
February 14, 2003 March 13, 2003
Date Notice of Intent Filed Date Public Hearing Closed April 3, 2003
Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
.1 Existing Conditions Plan in Leeds, MA, Hampshire Count ' Sheet 1 of 2
Title 2/7/03
"Proposed Conditions Plan in Leeds, MA, Hampshire County" Sheet 2 of 2 Date
2/8/03
6. Total Fee:
$82.50
(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 ❑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 II
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 wetla nd
regulations to protect those interests checked above. Therefore, work on this project may not g
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.
El 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 pro ect
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 regulato ry
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.
W PA Form 5
Rev. 02/00
Page 2 of 7
BKO1148PG221
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
F
WPA Form 5 - Order of Conditions Provided b DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Y
B. Findings
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.
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 -518 1.
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. o2/oo
Page 3 of 7
BK01140PG222
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 24 Provided 24 6-518
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 by DEP
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 pertorming 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 "Attachment X for additional conditions.
Findings as to municipal bylaw or ordinance
Furthermore, the
Conservation Commission hereby finds (check one that applies):
El 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 orbylaw
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.
WPA Form 5
Rev. 02/00
Page 4 of 7
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions #4, from the date of issuance.
April 3, 2003
Date
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed b
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 e y
Office (see Appendix A) and th PPropriate Department of Environmental Protection Regional
/ ^ e P P rty owner (if different from applicant).
1
L/
On Twenty- seventh
Day Of March 2003
Mo nth and Year
before me personally appeared
the above -named
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he /she executed the same as his /her free act and deed.
Notary ublic - -- (�
This Order is issued to the applicant as follows: My aommiss�ion Expires
❑ by hand delivery on
® by certified mail, return receipt requested, on
Date
kpril 3, 2003
Date
WPA Form 5 Date sent to DEP:
Rev. 02/00 April 3, 2003
Page 5 of 7
WPA Form 5
Rev. 02too
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 a �
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 a ppropriate 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. q
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.
Conservation
Page 6 of 7
WPA Form 5
Rev, 02/oo
Commission
Please be advised that the Order of Conditions for the Project at:
Project Location
Has been recorded at the Registry of Deeds of:
County
for:
Propertty reOWn
DEP File Number
Book
and has been noted in the chain of title of the affected property in:
Book
Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
Page
Page 7 of 7
6 K 0 1146PG226
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 an
thereof, shall contain language similar to the following: Y portion
"This property is subject to the Northampton Wetlands Protection
Ordinance and/or Wetlands Protection Act. Any constructio n 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 flood lain• 40
; any wetland; or any area within 100 -f
feet of the 100 -year floodplain elevation et 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: # 27 & 28
p
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.
1181 148PG221
L
25. A siltation fence shall be used for erosion control.
26. The erosion control barrier shall serve as the limit of work line.
27. The restored area shall be covered with a minimum of six inches of to
planted with a mix of native grasses to be mown annually a t . and
aft August 1 S St
28. The tree, located on the slope, shall remain and shall be pruned as nece
safety. The applicant may remove the existing six trees located on the site r
replace the trees elsewhere on the site. may
ATTRST. HAMPSHIRE, A mftx
x" QISTRR
ANNE L. DONOMM
ELI
Important:
When filling out
forms on the
computer, use
only the tab
key to move
Your cursor -
do not use the
return key.
k
Massachusetts Department of Environmental Protection I D od
Bureau of Resource Protection - Wetlands
WPA Form 813 — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131,
A. Project Information
This Certificate of Compliance is issued to:
Alan Vogel and Beth Fischer
Name
119 Arch Street
Mailing Address
Leeds
City/Town
DEP File Number:
§40 246 -518
Provided by DEP
III II
II I�
N�
13k: 7 594Pg: 39 Page: 1 of 3
Reoorded: 11/25/2003 01:09 PM
MA
State 01053
This Certificate of Compliance is issued for work regulated by a final Order of Conditi Code
Alan Vogel and Beth Fischer issued to:
Name
April 3, 2003
Dated
3. The project site is located at:
246 -518
DEP File Number
119 Arch Street
Street Address Leeds
10D City/Town
Assessors Map /Plat Number 26
the final Order of Condition was recorded at the Registry of Deeds for. Number
Property Owner (if dill rent
Certificate
County
Book
4. A site inspection was made in the presence of the applicant, or the applicant's age
October 8, 2003 g nt, on:
Date
OZ
Page
B. Certification
Check all that apply:
wpaform 8b.doc • rev. 12/15/00
® Complete Certification: It is hereby certified that the work regulated b y above the _ referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the fallowing portions of wo rk
regulated by above - referenced Order of Conditions have been satisfactorily completed. The ro Jet areas o
subject to this partial certification that have been completed and are released from o r work
the
p
this Order are:
1906
Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 8B — Certificate of Compliance DEP File Number:
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
246 -518
Provided by DEP
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 Ac t
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 a
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period). any
Condition Numbers:
C. Authoriz to of nn
Issued by:
Conservation Comm
vcroaer 9, 2003
Date of Issuance
This Certificate must be signed by a majority of the Conservation Commission and a conv -Q, f,
applicant and appropriate DEP Regional Offico /ce„ A___._ _.. _ _
Rion,
wpaform 8b.doc • rev. 12/15/00
My commission expires
Page 2 of 3
acknowledged that he /she executed same as his/her free and deed instrument and
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 8B — Certificate of Compliance DEP File Number:
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
246 -518
D. Recording Confirmation Provided by DEP
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.
Northam ton
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
119 Arch Street
Project Location
246 -518
DEP File Number
Has been recorded at the Registry of Deeds of.
County
for:
Prope yrt O nerner
and has been noted in the chain of title of the affected property on:
Date
Book
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 q p
wPaform Sb.doc - rev. 12/15/00 ATTEST: HAMPSHM
""-RS QISTNR
MARIANNE L. DONOEME
Page
Page 3 of 3
i
6W
E
L
NOTICE OF INTENT
Construction of a Garage, Breezeway, and Addition
L- to an
Existing Single Family Home
L
119 Arch Street
Northampton, Massachusetts
L
L
L
Prepared for
Alan Vogel and Beth Fischer
102 Wildflower Drive
Amherst MA 01002
Prepared by
Valley Environmental Services
63 French King Highway
Greenfield AU 01301
1 rvt, - nn ,
\ / alley Environmental Services,,,;
63 French King Highwa Unit 8
Greenfield MA 01301
(413) 774 -5696
(413) 774 -5699 fax
February 14, 2003
—
Northampton Conservation Commission
City Hall, 210 Main Street
Northampton, MA 01360
Re: Notice of Intent for work associated with an existing single family home
119 Arch Street, heeds
Dear Commission Members:
On behalf of Alan Vogel and Beth Fischer, enclosed please find nine copies of the Notice
f of Intent for this project, along with a check for $53.75. This Notice of Intent is being
iled under the Massachusetts Wetlands Protection Act (MGL ch. 131, section 40) and
its accompanying Regulations (3 10 CMR 10.00) and the Northampton Wetlands
Ordinance for the construction of a garage, breezeway, and an addition to an existing
single family home within the riverfront area. Based upon conversation with Mr. David
Foulis of the DEP Western Regional office, this filing is being made under the
redevelopment regulations at 10.58. The entire impervious surface on the lot is less than
10% of the site. However, a small corner of the addition (approximatel 65 s.f.), will be
slightl closer to the River than the existing building. In order to compensate for this, it is
proposed to remove 1,080 square feet of existing pavement. Most of this will be between
the house and the River, and will therefore result in a great improvement in existing
conditions. Additional plantings are proposed within the riverfront area along Arch
Street.
Sincerely,
Valley Environmental Services
Ward W. Smith
Professional Wetland Scientist and Certified Professional Soil Scientist
cc: DEP, Western Region
Ll Massachusetts [*oartment of Environmental Prote4e(on
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Ak
A. General Information
Important:
` When filling out
1 • Applicant:
forms the
computer, use
g Alan Vogel and Beth Fischer
only the tab
Name
key to move
102 Wildflower Drive
E -Mail Address
your cursor -
Mailing Address
do not use the
Amherst
return key.
`
cityn own
MA
01002
(413) 253 -3839
state
Zip Code
Phone Number
`
2. Representative (if any):
Fax Number (if applicable)
Valley Environmental Services
Firm
Ward W. Smith
'- Note:
Before
Contact Name
ves.javanet @rcn.com
completing this
63 French King Highway, Unit 8
E -Mail Address
form consult
Mailing Address
` your local
Greenfield
Conservation
City/ I own
M A
01301
Commission
(413) 774 -5696
state
Zip Code
_ regarding any
Phone Number
(413) 774 -5699
municipal bylaw
or ordinance. 3. Property Owner (if different from
Fax Number (if applicable)
applicant):
w
Alan Vogel and Beth Fischer
Name
102 Wildflower Drive
'
Mailing Address
--
Amherst
City/ I own
MA
01002
4.
Total Fee:
State
Zip Code
$ 82.50
(from Appendix B: Wetland Fee Transmittal Form)
_ 5.
Project Location:
119 Arch Street
Street Addr
Northampton
City/Town
Asses ors ap /Plat Number
6.
Registry of Deeds:
Parcel 7 110f umber
County
n/a
Certificate (if Registered Land)
Mmformldoc • rev. 12/15(00
DEP File Number:
Provided by DEP
Northampton
Town
•m.
cn
Book
Page
Page 1 of 8
Massachusetts bw6artment of Environmental ProteLK(on DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice 4:,
Massachusetts Wetlands Protection Act M.G.L. c. 131 , Provided by DEP
§40 Northampton
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?
approximately 1, 200 s.f. (includini
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
Riverfront Area
B. Project Description
1. General Project Description:
It is proposed to construct and a
Size of Impact (e.g., sq. ft.)
1,080 s.f. new, 1,080 s.f. restoration
and addition for a pre- existing home.
12
2. Plan and /or Map References:
Sheet 1 of 2, Existing Conditions Plan in Leeds, Massachusetts
Title
Sheet 2 of 2, Propsoed Conditions Plan in Leeds, Massachusett-Q
TiHp
wmformldoc • rev. 12/15/00
2/7/03
2/7/03, rev.
2/8/03
Page 2 of 8
Massachusetts bvApartment of Environmental Prot&%,don
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Activities Subject to Regulation
DEP File Number:
Provided by DEP
Northampton
Town
1. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone -
Inland Resource Areas
® Inland Bank
❑ Bordering Vegetated Wetland (BVW)
Coastal Resource Areas
❑
Coastal Beach
❑
Barrier Beach
❑
Rocky Intertidal Shore
❑
Coastal Dune
❑
Salt Marsh
❑
Coastal Bank
b. Complete for all pkroposed activities located, in whole or in part, in Wetland Resource Area(s).
Inland Resource Areas:
Bordering Vegetated Wetlands:
Square Feet altered
Square Feet replaced
Land Under Water Bodies:
Square Feet altered
Cubic Yards dredged
Bank:
Linear Feet altered
Coastal Resource Areas:
Coastal Dune:
Square Feet altered
Cubic Yards/Volume removed
Salt Marsh:
wpaform3.doc • rev. 12/15/00
Square Feet altered
Coastal Bank:
Bordering Land Subject to Flooding:
Volume of Flood Storage Lost (cubic feet)
Volume of Flood Storage Compensation (cubic feet)
Isolated Land Subject to Flooding:
Volume of Flood Storage Lost (cubic feet)
Volume of Flood Storage Compensation (cubic feet)
Land Under Salt Pond:
Square Feet altered
Cubic Yards dredged
Rocky Intertidal Zone:
Square Feet altered
Designated Port Area.
Linear Feet altered
Square Feet altered
Page 3 of 8
Massachusetts impartment of Environmental Protdct(on DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 3 — Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131 , §40 Northampton
C. Activities Subject to Regulations (cont.)
Fish Run:
Land Containing Shellfish:
Linear Feet altered
Square Feet altered
Land Subject to Coastal Storm Flowage: Beach:
Square Feet altered
Land Under Ocean: Square Feet altered
Square Feet altered
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
c. Describe how the Mean Annual High -Water Line was determined:
Top of b ank (10.54)
d. Distance of proposed activity closest to the Mean Annual High -Water line:
54 feet (new work) 49 feet (area to be restored)
Feet
e. Total area of Riverfront Area on the site of the proposed project:
77,500
Square Feet
f. Proposed alteration of the Riverfront Area:
1,080 s.f. 980 s.f
Total Square Feet Square Feet within 100 ft. Su100 s.f.
wpafotm3.doc • rev. 12/1 5(00 qare Feet betVVeen 100 ft. and 200 ft.
Page 4 of B
Massachusetts bt�3artment of Environmental Protek -,don DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent Provided b D
Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 pt n
Northam
_ Town
^GLIviiies Subject to Regulation (cost.)
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 he BVW boundary ry (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
2001
Date Map
ao p
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):
ACEC
® 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
wpaformld- • rev. 12/15/00
Page 5 of 8
Massachusetts & !r p l' artment of Environmental Prote'Lv on DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of intent Provided b DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 pton
Northam
Town
D. Performance Standards
1. 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:
Limited Project
® No
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:
Deck; Planting of native species more than 50 feet from bank or BVW (10,58- 6 -b -4)
Exemption
❑ No
6—
3 a. Is the project located in the Riverfront Area?
® Yes If yes, indicate the proposed project purpose:
❑ Single Family House ❑ Industrial Development
❑ Residential Subdivision ❑ Commercial Development
❑ Transportation
® Other (describe)
addition to single family house
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 homes are exempt from this p,
❑ No If no, stormwater management measures are required. Applicants are encouraged to
complete Appendix C: Stormwater Management Form and submit it with this form.
wpaformldoc • rev. 12/15/00
Page 8 of 8
Massachusetts Npartment of Environmental Protetf' ion DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent Provided b DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 pton
Northam
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 necessa ry), 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:
919 & 920
Check Number 2/10/03
Alan Vogel, Beth Fischer Check date
Payor name on check
Applicant name (if different from payor)
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 requested) to all abutters within 100 feet of the property line of the project location.
SignatureofApplicant Z ! �YlD3
Date
Signature of Property Owner (if different)
Signature of Representative (if any)
wpafotm3.doc • rev. 12/15/00
Date
Date
Page 7 of B
Massachusetts bt(partment of Environmental ProteL-Won DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton
Town
G. Signatures and Submittal Requirements (Cont.)
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.
wpaform3.doc • rev. 12/15/00
Page 8 of 8
Introductio
This Notice of Intent is being filed under the Massachusetts Wetlands Protectio
(MGL c h. 131 section 40) and its accompanying Regulations ( 10 CMR 10 .00 fo
construction of a garage, breezeway, and an a to an existing single family home e the
� within the riverfront area. Based upon conversation with Mr. David Foulis of t
n made under la DEP
Wester Regional office, this filing is being the redevelopment regulations at
10.58. The entire impervious surface on the lot is less than 10% of the site. However, a
sma corner of the a (approximatel 65 s.f.), wi b e s lightl y c loser to
than the existing bui In order to compensate for th' the River
1,080 square feet of existing pavement. Most of this wi b e between the d hous e nd
River, and wi th erefore result in a great improvement in existing condition Additio
plantings are proposed within the riverfront area along Arch Street. nal
Filing Fee
According to 31 O CMR 10.03 (7) (c), the ro oaed h
as any work on a single family residentia l ot including ahous ld dd t � under Category 1
�- garden, pool, shed, or driveway." Th' s category h n, d eck, garage
i as a $55.00 filin there is
an a 50% fee charged to projects that are within the Riverfront Area ma
total fee $82.50. Of the total fee, $53.75 is paya to king the
the Commonwealth of Massachusetts receives the remainder, City of Northampton, while
$28.75.
Abutter Notification
Abutters were notified in conformanc with the DEP's Questions and Answers
Concerning Abutter Notification Under the Massachusetts Wetlands Protection Act
(1994) All abutters were notified by certified mail.
Delineation Methodology
The wetlan Regu lations at 310 CMR 10.55 a t
when delineatin t h b d e use o hydrology and vegetation
g e oun ary of Bordering Vegetated Wetlands.
h vegetated wetland edge was delineated using the methodolog outlined n fth e DEP
an Delineating Bordering Vegetated Wetlands Under the MassacL
Protection Act (1995). Hyd rophytic vegetation was based upon s Wetlands
Service's National List of Plant Species that Occur in Wetlands (1988), as an d Wildlif as al
species that are listed in the Act. Wetlan hyd rology includes a high water ta wat 1 _
i
staine l eaves, an hyd ric soils, which were based upon the interagency document Fie
e ld
Indicators for Identifying Hydric Soils in New
Annual High Water Line was delineate Engl version 2 (1998). Th Mean
e � d oth currently accepta methodology
including evidence o scouring, debris dams, indicators. T h
200 e wetland
boundaries were delineated on December 24
date of the delineation. 2, and there was no snow cover on the
Site Description
The evaluated site is located on the inside edge of a major bend in the Mill River and
result has Riverfront Area on both the east and west side of th as a
sma area of Bordering Vegetated Wetland B e parcel. There is also a
located to the east of Arch Street. This BVW is as fringe wetlan l a former mill pond
�- perimeter of the former mi Gated around the
Pond. The wetland vegetation within the BVW includes
jewelweed (Impatiens capensis), new york fern (7'lielypteris novaeLoracensis), and Clar
green bulrush (Scirpus atrovirens).
The Mill River is shown as a dark blue, or perennial, waterway on the USGS Eastha
,.1 Quadrangle and so the Mean Annual High Water Line was delineated. The mpton
the north of the site was marred by consecutively numbered MAHW 1 -24 an them to
annual high water line to the south o the parcel mean
area of BVW located on the east side of the Arch Street and was enumerated B 1 � The sma
VW 1 -14.
Wetland Resource Areas
t-- The wetlan d elineatio n encloses the fo resource areas as outlined in the State
b Wetland Regulations (310 CMR 10 .00). Each of these resource areas has a 100 -foot
uffer zone associated with them.
• Bordering Vegetated Wetland (10.55)
• Bank (10.54) (to the perennial stream)
• Land Under a Waterway (10.55)
The fo ll owing protected resource areas are not fie d elineated, an d o not have an
additiona b uffer zone.
* Riverfront Area (10.58)
*. Bordering Land Subject to Flooding (10.56)
�J
The elevation of the 100 year floodplain (the BLSF resource area is a
f eet to the north of the site. It drops to 287 to the south of the property 324
According to the Natural Heritage A tlas (1999) the site is not within the estimated ran
of rare wetlands wildlife. ran
Propose Wor
It is proposed to construct an addition and a garage for the existing home. Most o the
f a dd ition wi b e located over the existing garage, and the new garage wi b e shifted
rom the River. This wi allow the existin g h further
existing home and the River, to be restored to a serni_naturaleWay, which is between the
`- no more than annua p ortion o the grass area that will be mown
y P f e existing turn - aroun will be removed and
esta bl ished as lawn. As an a dd itiona l b enefit, th applicant proposes to esta a nat
evergreen screen along Arch Street. ive
Prior to beginning work, an erosion contro b arrier wi b e insta consisting of a
siltation fence.
Compliance with Redevelopment Standards
Project Purpose
The purpose of this project is to construct an addition and a garage for a pre-existing
�-- single family home. g
Specific Standards
Standar A: At a minimum, propose work sha result in an improvement over existi
conditions of th capacity of the river{ront area to p rot ec t th to id ent if ie d
Act]. WL en a lot is previously develope b ut to portion of fLe r nare i's de mad
the requirements of 310 CMR 10.58(4) shall be met. g de
Compliance The Regulations define "degraded" as "areas degraded prior to Augu 7
1996 by impervious surfaces from existing structures or pavement, absence of top soil ,
junkyards, or abandone d umping grounds." Therefore, on this site this would include th
existing home, garage, shed, and all of the bituminous driveway. The proposed work will e
result an improvement in existing conditions in that the closest point of the imperviou
Annua
surfaces near the home wi b e reduced from 49 feet to 54 feet from the Mean Annu
MA
High Water Line. The new garage will be located away from the River, and the portion of
the driveway that will be removed in exchange for this will be foamed and sown with an
erosion control seed mixture. This area will not be converted to lawn, but will be a semi_
natural area that will be mown no more than once per year. The portion of the turn-
around that is proposed to be restored will become lawn.
b Standard B : Stormwater Management is provided according to the standards esta Misled
y tLe Department.
family hom Compliance : The DEP's Stormwater Management Policy specifically exempts single
es.
Stan — dard C: Witbin 200 foot riverfront areas, proposed work shall not lie located closer
to the river than existing conditions or 100 feet, wLiAever is less.
Th Com fiance As stated above, the existing limit of impervious near the home is 49 feet.
is will be increased to 54 feet from the
Mean Annual High Water Line. The existing
driveway is 51 feet from the MAHW at its closest point. Almost all of the existing home
is already within 100 feet of the Mill River.
Standard. D: Proposed work, including expansion of
e x i s ti n
outside th e riverfront area boundar and away {rom tLeri e r , ex except in ac 1 n l ecated
310 CMR 10.58 (5) (f) or ( g ), with
CO Aiance The existing garage is being sed for th
portion o the g e majority of the addition. A small
p f e new addition will be located closer to the River than the existing bu
(58 feet versus 62 feet), but much further away than the existing pavement. The ilding
approximately 65 square feet of the corner of this addition that is closer than the existing
building will be more than mitigated as outlined below.
Standard E: the area of proposed work shall not exceed the amount of degraded area,
provided that the proposed work may alter up to 10% if the degraded area is less than
10% of the riverfront area, except in accordance with 310 CMR 10.58 (5) (f) or (g).
Comuliance
The area of proposed work will equal the pre- existing amount of degraded area. However,
t tota d egraded area (including the new work, and without any mitigation) is less tha
10% of the Riverfront Area. Of the total Ri ver f ront on the site (77, 500 s. f.), total pre-
existing and proposed work area is 6,456 (5 ,376 s. o existing and propose d isturbed
area, 1,080 s.f. area to be restored), which equals 8.3%
Although this may be interpreted as meaning that mitigation is not requ ired , iven the
proximity to the River it is proposed to restore 1,080 s are feet. d, g
be located closer to the River than existing conditions, and will b e restolredf nhis area will
conformance with 10.58 (f). Pavement will be removed at l east
b be spread on the area, and an erosion control seed mixture will be s wn. The area soil wi
etween the house and the River will receive no more than an annual mowing.
Standard F: [lien the applicant proposes restoration on -site o
Le allowed notw i t hstanding { degra d e d riverfront area,
( alteration may thstanding the criteria o 310 CMR 10.58 (5) ( c), (d), and
e) at a ratio in square f eet of at least 1 :1 of restore area to area Of alteration not
conf orming to the criteria. Areas immediatel along the river sha b e selected for
b restoration. Alteration not conf orming to the criteria shall begin at the riverfront area
oundary. Restoration sha include:
1. removal of a d ebris, but retaining any trees or other mature vegetation
2. grading to a topograph which reduces runo — ffan increases infiltration;
3. coverage b topsoil at a depth
consistent with natural conditions at the site; and
4. seeding an pl ating with a erosion control seed mixture
pl antings o { herbaceous and woo dy species appropriate to the fo b y
Compliance In order to mitigate the 65 s.f. of the corner of th
closer than the existing bui ld ing, a total of 1,080 square feet ofim impervious s u that is
removed. Much of this area wi b e located closer to the River than existing condition 11 be
and wi b e restored in conformance with 10.58 (f). Pavement wi b e remove
six inches of topsoil wi b e spread on the area, and a native erosion co d, at least
will be sown. The area between the house and the River will ntro seed mixture
annual mowing (to prevent fire hazard from larger shrubs and trees). no more than an
Standard G: �Phen the applicant proposes mitigation either on -site or in the riverfront
area within the same general area of the river basin, alteratio may be a
notwithstanding the criteria of 310 CMR 10.58(5)c ( )
at least .2 :1 Of mitigation area to area Of alteration not co nformi n g t to the i square feet of
criteria...
Compliance Although it is our belief that the 65 s.f. of th
more than being mitigated for under Standard F, a dd itiona l pl anting f prop osed. s the new pro it ad is
P is
MM
proposed to construct a evergreen screen along Arch Street, composed of native species.
Summary
This Notice of Intent is being filed under the Massachusetts Wetlands Protectio Act
(MGL cb. 131, section 40) and its accompanying Regulations. (310 CMR 10.00 for t he
construction of a garage, breezeway, and an addition to an existing single family home.
fil Based upon conversation with Mr. David Foulis of the DEP Western Regional office
ing is being made under the redevelopment regulation at 10.58. The entire 'this
impervious surface on the lot is less than 10% of the site. However, a small corner of the
b addition (approximately 65 s.f.), will be slightly closer to the River than the existi
uilding. In order to compensate for tb' ng
existing pavement. Most of this will be between the bo e the River, square feet of
therefore result in a great improvement over existing conditions. ver, and will
Prior to starting construction, an erosion control barrier sball be
work line to prevent impact to adjacent wetlands and to clearly demark the of of
We respectf ask the Commissio to limit the project, while adding any additional
Conditions that the Commission feels are necessary to protect the Interests identified
the Act. in
ALAN VOGEL
September 30, 2003
Gloria McPherson
Northampton Conservation Commission
Northampton, Ma 01060
119 Arch Street
Leeds, Massachusetts 01053
Phone: 413 586 1923
Fax: 413 586 1923
E mail: agvogel @comcast.net
Re: Request For Certificate of Compliance- 119 Arch Street, Leeds
Dear Gloria:
Enclosed please find an executed Request For Certificale of Compliance in connection with the
above property. I omitted the Registry of Deeds information as I don't seemto have it in my file. I
have also enclosed a copy of the original map numbering the approved alterations we recertly
discussed There is a separate key which explains the changes.
I hope everything is in order and we can arrange a time for you to come out and view the
project.
Please feel free to contact me should you have any questions. Thank you in advance.
Sincerely,
Alan Vogel
L1 Massachusetts 64artment of Environmental Prote
Bureau of Resource Protection - Wetlands
1 WPA Form 8A — Request for Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
W
DEP File Number:
rroviaea ay ur-r
A. Project Information
1. This request is being made by:
Alan Vogel and Beth Fischer
Name
119 Arch Street
Mailing Address
Leeds MA 0105
Cityrrown State Zip Code
413- 586 -1923
Phone Number
2. This request is in reference to work regulated by a final Order of Conditions issued to:
Alan Vooel and Beth Fischer
Applicant
April 3, 2003
246 -518
Dated
DEP File Number
The project site is located at:
119 Arch Street
Leeds
Street Address
Cityrrown
10D
26
Assessors Map /Plat Number
Parcel /Lot Number
The final Order of Conditions was recorded at the Registry of Deeds for:
Property Owner (if different)
County
Book Page
Upon completion
of the work 3 •
authorized in
an Order of
Conditions, the
property owner
must request a
Certificate of 4
Compliance
from the issuing
authority stating
that the work or
portion of the
work has been
satisfactorily
completed.
Certificate (if registered land)
5. This request is for certification that (check one):
® the work regulated by the above - referenced Order of Conditions has been satisfactorily completed.
❑ the following portions of the work regulated by the above - referenced Order of Conditions have
been satisfactorily completed (use additional paper if necessary).
❑ the above - referenced Order of Conditions has lapsed and is therefore no longer valid, and the
work regulated by it was never started.
wpaform8a.doc • rev. 12/15100 Page 1 of 2
Massachusetts &. , Oartment of Environmental Prote°bvon
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8A — Request for Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information (cont.)
6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain
an approval of any plans stamped by a registered professional engineer, architect, landscape
architect, or land surveyor?
❑ Yes If yes, attach a written statement by such a professional certifying substantial
compliance with the plans and describing what deviation, if any, exists from the plans
approved in the Order.
B. Submittal Requirements
Requests for Certificates of Compliance should be directed to the issuing authority that issued the final
Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit
this request to that Commission. If the project was issued a Superseding Order of Conditions or was the
subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional
Office (see Appendix A).
wpaform8a.doc • rev. 12/15/00
Page 2 of 2
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KEY TO FINAL MAP
119 ARCH STREET, LEEDS
1. Covered deck in original plan not built.
2-Covered deck in original plan on river side not built. Uncovered deck dimensions
changed, which dimensions are already in the Conservation Commission file.
3. Native grasses planted. Evergreens likely to be planted as well as native ground cover
in native grass area as a means for disease bearing tick control near house.
4. 5 square feel added to driveway as a safety measure so cars can enter /exit/turn around
without the concern of safety or hitting riverbank.
5. No covered breezeway as in original plan. Just open pergola.
6. Reduction of coverage on Main Street side of garage to be dirt/gravel turnaround to
reduce cars on driveway and near river bank.
7. Wood landing and stairs on original plan not built.
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NOTICE OF INTENT
Construction of a Garage, Breezeway, an Ad ition
to an
Existing Single Family Home
L 119 Arch Street
Northampton, Massachusetts
L
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L
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Prepared for
Alan Vogel and Beth Fischer
102 Wi ldfl ower Drive
Amherst MA 01002
Prepared b
Va ll ey E nvironmenta l Services
63 French King Highway
Greenfield MA 01301
1 ntp -O'L 0 C
\,..i Environmental Services
63 French King Highway Unit 8
Greenfield MA 01301
(413) 774 -5696
(413) 774 -5699 fax
February 14, 2003
Northampton Conservation Commission
City Ha 210 Main Street
Northampton, MA 01360
Re: Notice of Intent for work associated with an existing single family home
119 Arch Street, Leeds
Dear Commission Members:
' On behalf of Alan Vogel and Beth Fischer, enclose pl ease fin nine copies of the Notice
of Intent f or this project, along with a c h eck f or $53.75. This Notice of Intent is being
filed under the Massachusetts Wetlands Protection Act (MGL ch. 131, section 40) and
its accompanying Regulations (3 10 CMR 10 .00) and the Northampton Wetlands
Ordinance for the construction of a garage, breezeway, and an a to an existing
L— single family home within the riverfront area. Based upon conversation with Mr. David
Foulis of the DEP Western Regional office, this filing is being made under the
redevelopment regulations at 10.58. The entire impervious surface on the lot is less than
10% of the site. However, a sma corner of the a (approximately 65 s.f.), wi b e
slightly closer to the River than the existing bui In order to compensate for this, it is
proposed to remove 1,080 square feet of existing pavement. Most of this wi b e between
the house and the River, and wi th erefore result in a great improvement in existing
conditions. Additiona pl antings are proposed within the riverfront area along Arch
-- Street.
Sincerely,
Va Environmental Services
Ward W. Smith
�— Professional Wetland Scientist and Certified Professional Soil Scientist
cc: DEP Western Region
L
L _
U.
L
LI Massachusetts boartment of Environmental Proteb<(on
Bureau of Resource Protection - Wetlands
'l WPA Form 3 — Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
-0 &•t -Yk Aif#-+qA. &, aK *xg d ed t. s ac
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
A. General Information
1. Applicant:
Alan Vogel and Beth Fischer
Name
102 Wildflower Dri
DEP File Number:
Provided by DEP
Northampton
Town
E -Mail Address
Mailing Address
Amherst MA 01002
City/Town State Zip Code
(413) 253 -3839
Phone Number Fax Number (if applicable)
2. Representative (if any):
Valley Environmental Services
Firm
Ward W Smith ves.javanet @ rcn.com
E -Mail Address
Note:
Contact Name
Before
63 French King Highway, Unit 8
completing this
Mailing Address
form consult
Greenfield
MA 01301
your local
City/Town
State Zip Code
Conservation
(413) 774 -5696
( 413 774 -5699
)
Commission
regarding any
Phone Number
Fax Number (if applicable)
— municipal bylaw
3.
Property Owner (if different from applicant):
or ordinance.
Alan Vogel and Beth Fischer
Name
102 Wildflower Drive
Mailing Address
Amherst
MA
01002
City/Town
State
Zip Code
4.
Total Fee:
-
$ 82.50
(from Appendix B: Wetland Fee Transmittal Form)
5.
Project Location:
119 Arch Street
Northampton
Street Addr
City/Town
`--
Asses ors Map/Plat Number
Parcel o umber
6.
Registry of Deeds:
6–
Hampshire
1906
52
County
Book
Page
n/a
L
Certificate (if Registered Land)
Page 1 of 8
wpaformUoc • rev. 12115100
Massachusetts &iOartment of Environmental ProtdL -don
Bureau of Resource Protection - Wetlands
' WPA Form 3 — Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number.
Provided by DEP
Northampton
Town
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?
approximately 1, 200 s.f. (including evergreen plantings)
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
Riverfront Area
Size of Impact (e.g., sq. ft.)
1,080 s.f. new, 1,080 s.f. restoration
B. Project Description
1. General Project Description:
It is proposed to construct and a garage, breezeway, and addition for a pre- existing home.
2. Plan and /or Map References:
Sheet 1 of 2, Existing Conditions Plan in Leeds, Massachusetts 2/7/03
Title Date
Sheet 2 of 2, Propsoed Conditions Plan in Leeds, Massachusetts 2/7/03, rev.
Title 2/8/03
wpaformldoc • rev. 12115/00
Page 2 of 8
`- Massachusetts be'partment of Environmental Protewdon DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 3 — Notice of Intent Provided by DEP Northampton
'"—
L
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Tom
C. Activities Subject to Regulation
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
L ❑ Salt Marsh ❑ Coastal Bank
b. Complete for all pkroposed activities located, in whole or in part, in Wetland Resource Area(s).
Inland Resource Areas:
Bordering Vegetated Wetlands:
Bordering Land Subject to Flooding:
Square Feet altered
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:
Square Feet altered
Volume of Flood Storage Lost (cubic feet)
Cubic Yards dredged
Volume of Flood Storage Compensation (cubic feet)
Bank:
Linear Feet altered
Coastal Resource Areas:
Coastal Dune:
Land Under Salt Pond:
Square Feet altered
Square Feet altered
Cubic YardsNolume removed
Cubic Yards dredged
Salt Marsh:
Rocky Intertidal Zone:
Square Feet altered
Square Feet altered
Coastal Bank:
Designated Port Area:
Linear Feet altered
Square Feet altered
wpaform3.doc • rev. 12/15100
Page 3 of 8
L_
G
Massachusetts impartment of Environmental Protd%don DEP File Number:
Ll' Bureau of Resource Protection - Wetlands
WPA Form 3 — Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Noorthampton
C. Activities Subject to Regulations (cont.)
Fish Run: Land Containing Shellfish:
Linear Feet altered Square Feet altered
Land Subject to Coastal Storm Flowage: Beach:
Square Feet altered Square Feet altered
Land Under Ocean:
Square Feet altered
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
6
c. Describe how the Mean Annual High -Water Line was determined:
Too of bank (10.54)
Ik
L
,,- d. Distance of proposed activity closest to the Mean Annual High -Water line:
54 feet (new work) 49 feet (area to be restored)
Feet
e. Total area of Riverfront Area on the site of the proposed project:
77,500
Square Feet
f. Proposed alteration of the Riverfront Area:
1,080 s.f. 980 s.f
wpaform3.doc - rev. 12115/00
Total Square Feet
Square Feet within 100 ft.
100 s.f.
Square Feet between 100 ft. and 200 ft.
Page 4 of 8
Massachusetts �iartment of Environmental Protet-.don DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 N n hampton
o
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)
L ® 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
Westborough, MA 01581
® No
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):
ACEC
L
® 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
1/ •
wpaformldoc • rev. 12115100
Page 5 of 8
I—
Massachusetts 65 6 partment of Environmental Prote tfion
Bureau of Resource Protection - Wetlands
WPA Form 3— Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
Provided by DEP
Northampton
Town
D. Performance Standards
1. 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:
Limited Project
® No
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:
Deck; Planting of native species more than 50 feet from bank or BVW (10.58- 6 -b-4)
Exemption
❑ No
3 a. Is the project located in the Riverfront Area?
® Yes If yes, indicate the proposed project purpose:
❑ Single Family House ❑ Industrial Development
❑ Residential Subdivision ❑ Commercial Development
❑ Transportation ® Other (describe)
addition to single family house
b. Was the lot where the activity is proposed created prior to August 1, 1996?
1/
❑ 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 homes are exempt from this policy.
❑ No If no, stormwater management measures are required. Applicants are encouraged to
complete Appendix C: Stormwater Management Form and submit it with this form.
wpaformldoc • rev. 12115/00 Page 6 of 8
fzF7
Massachusetts impartment of Environmental Protectlon
Bureau of Resource Protection - Wetlands
WPA Form 3 — Notice of Intent
DEP File Number:
Provided by DEP
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:
919 & 920
Check Number
Alan Vogel, Beth Fischer
Payor name on check
2/10/03
Check date
Applicant name (if different from payor)
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 requested) to all abutters within 100 feet of the property line of the project location.
Signature of Applicant
(�C. it- C- ,IN.-I
Signature of Property Owner (if different)
Gam.,► ��.
Signature of Representative (if any)
Zllyll>3
Date
3
Date
wpaform3.doc • rev. 12115/00 Page 7 of 8
Introduction
This Notice of Intent is being filed under the Massachusetts Wetlands Protection Act
(MGL c h. 131, section 40) and its accompanying Regulations (3 10 CMR 10.00) for the
construction o a garage, breezeway, and an a to an existing single family home
within the riverfront area. Based upon conversation with Mr. David Foulis of the DEP
Western Regional office, this filing is being made under the redevelopment regulations at
10.58. The entire impervious surface on the lot is less than 10% of the site. However, a
sma corner of the a (approximately 65 s.f.), wi b e slightly closer to the River
than the existing bui In order to compensate for this, it is proposed to remove
1,080 square feet of existing pavement. Most of this wi b e between the house and the
River, and wi th erefore result in a great improvement in existing conditions. Additional
plantings are proposed within the riverfront area along Arch Street.
Filing Fee
According to 310 CMR 10.03 (7)(c), the proposed work shou qualify under C ategory 1
as "any wor on a single family residentia l ot including a house a deck, garage,
garden, pool, shed, or driveway." This category has a $55.00 filing fee; however, there is
an a dd itional 50% fee charged to projects that are within the Riverfront Area, malting the
total fee $8 2.50. Of the total fee, $53.75 is paya to the City of Northampton, while
the Commonwealth of Massachusetts receives the remainder, $28.75.
Abutter Notification
Abutters were notified in conformance with the DEP's Questions and Answers
Concerning Abutter Notification Under the Massachusetts Wetlands Protection Act
(1994) All abutters were notified by certified mail.
Delineation Methodology
The wetland Regu lations at 310 CMR 10.5 5 a ll ow the use of hydrology and vegetation
when delineating the boundary of Bordering Vegetated Wetlands. Therefore, the
�- vegetated wetland edge was delineated using the methodology outlined in the DEP
handbook Delineating Bor dering Vegetate Wetlan Under the Massachusetts Wetlands
Protection Act (1995). Hydrophytic vegetation was based upon the US Fish and Wi ldlife
Service's National List of Plant Species that Occur in Wetlands (1988), as we as a ll
species that are listed in the Act. Wetlan h y d rology includes a high water ta water-
`, staine l eaves, an b y d ric soils, which were based upon the interagency document Fie
Indicators for Identifying Hydric ,Soils in New England, Version 2 (1998). The Mean
Annual High Water Line was delineated based upon currently acceptable methodology
including evidence of scouring, debris dams, and other tankfull" indicators. The wetland
boundaries were delineated on December 24, 2002, and there was no snow cover on the
date of the delineation.
Site Description
The evaluated site is located on the inside edge of a major bend in the Mill River and as a
result has Riverfront Area on both the east and west side of the parcel. There is also a
small area of Bordering Vegetated Wetland (BVW) associated with a former mill pond
located to the east of Arch Street. This BVW is a fringe wetland located around the
perimeter of the former mill pond. The wetland vegetation within the BVW includes
jewelweed (Impatiens capensis), new yorli fern (Aelypteris novaeboracensis), and dark
green bulrush (Scirpus atrovirens).
The Mill River is shown as a dark blue, or perennial, waterway on the USGS Easthampton
Quadrangle and so the Mean Annual High Water Line was delineated. The MAHW to
the north of the site was marled by consecutively numbered MAHW 1 -24 and the mean
annual high water line to the south of the parcel was enumerated 2MAHW1 -21. The small
area of BVW located on the east side of the Arch Street and was enumerated BVW 1 -14.
Wetland Resource Areas
The wetland delineation encloses the following resource areas as outlined in the State
Wetland Regulations (310 CMR 10.00). Each of these resource areas has a 100 -foot
buffer zone associated with them.
• Bordering Vegetated Wetland (10.55)
• Bank (10.54) (to the perennial stream)
• Land Under a Waterway (10.55)
The following protected resource areas are not field delineated, and do not have an
additional buffer zone.
• Riverfront Area (10.58)
• Bordering Land Subject to Flooding (10.56)
The elevation of the 100 year floodplain (the BLSF resource area) is approximately 324
feet to the north of the site. It drops to 287 to the south of the property.
According to the Natural Heritage Atlas (1999), the site is not within the estimated range
of rare wetlands wildlife.
Proposed Work
It is proposed to construct an addition and a garage for the existing home. Most of the
addition will be located over the existing garage, and the new garage will be shifted further
from the River. This will allow the existing bituminous driveway, which is between the
existing home and the River, to be restored to a semi - natural grass area that will be mown
no more than annually. A portion of the existing turn - around will be removed and
established as lawn. As an additional benefit, the applicant proposes to establish a native
evergreen screen along Arch Street.
Prior to beginning work, an erosion control barrier will he installed consisting of a
siltation fence.
Compliance with Redevelopment Standards
Project Purpose
The purpose of this project is to construct an addition and a garage for a pre - existing
single family home.
Specific Standards
Standard A : At a minimum, proposed work shall result in an improvement over existing
conditions of the capacity of the riverfront area to protect the interests identified in [tLe
Act]. When a lot is previously developed but to portion of the riverfront area is degraded,
the requirements of 310 CMR 10.58(4) shall he met.
Compliance The Regulations define "degraded" as "areas degraded prior to August 7,
1996 b impervious surfaces from existing structures or pavement, absence of topsoil,
junkyards, or abandoned dumping grounds. Therefore, on this site this would include the
existing home, garage, shed, and all of the bituminous driveway. The proposed work will
result an improvement in existing conditions in that the closest point of the impervious
surfaces near the home will be reduced from 49 feet to 54 feet from the Mean Annual
High Water Line. The new garage will be located away from the River, and the portion of
the driveway that will be removed in exchange for this will be foamed and sown with an
erosion control seed mixture. This area will not be converted to lawn, but will be a semi -
natural area that will be mown no more than once per year. The portion of the turn-
around that is proposed to be restored will become lawn.
Standard B : Stormwater Management is provided according to tLe standards establisLed
b tLe Department.
Compliance The DEP's Stormwater Management Policy specifically exempts single
famil homes.
Standard C : Within 200 foot riverfront areas, proposed work shall not be located closer
to tLe river than existing conditions or 100 feet, AicLever is less.
Compliance As stated above, the existing limit of impervious near the home is 49 feet.
This will be increased to 54 feet from the Mean Annual High Water Line. The existing
driveway is 51 feet from the MAHW at its closest point. Almost all of the existing home
is already within 100 feet of the Mill River.
Standard D : Proposed work, including expansion of existing structures, shall be located
outside tLe riverfront area boundar and away from tLe river, except in accordance with
310 CMR 10.58 (5) (f) or (g).
Compliance The existing garage is being used for the majority of the addition. A small
portion of the new addition will be located closer to the River than the existing building
(58 feet versus 62 feet), but much further away than the existing pavement. The
approximately 65 square feet of the corner of this addition that is closer than the existing
building will be more than mitigated as outlined below.
Standard E: Ae area of proposed work shall not exceed tLe amount of degraded area,
provided that tLe proposed work may alter up to 10 0 /0 if tLe degraded area is less than
10% of Ae riverfront area, except in accordance with 310 CMR 10.58 (5) (f) or (g).
Compliance
The area of proposed work will equal the pre - existing amount of degraded area. However,
the total degraded area (including the new work, and without any mitigation) is less than
10% of the Riverfront Area. Of the total Riverfront on the site (77, 500 s.f.), total pre-
existing and proposed work area is 6,456 (5,376 s.f. of existing and proposed disturbed
area, 1,080 s.f. area to be restored), which equals 8.3%
Although this may be interpreted as meaning that mitigation is not required, given the
proximity to the River it is proposed to restore 1,080 square feet. Much of this area will
be located closer to the River than existing conditions, and will be restored in
conformance with 10.58 (f). Pavement will be removed, at least six inches of topsoil will
be spread on the area, and an erosion control seed mixture will be sown. The area
between the house and the River will receive no more than an annual mowing.
Standard F : When the applicant proposes restoration on -site of degraded riveAfront area,
alteration may he allowed notwithstanding the criteria of 310 CMR 10.58 (5)(c), (d), and
(e) at a ratio in square feet of at least 1:1 of restored area to area of alteration not
conforming to the criteria. Areas immediately along the river shall he selected for
restoration. Alteration not conforming to the criteria shall begin at the riverfront area
boundary. Restoration shall include:
1. removal of all debris, but retaining any trees or other mature vegetation;
2. grading to a topography which reduces runoff and increases infiltration;
3. coverage b topsoil at a depth consistent with natural conditions at the site; and
4. seeding and plating with a erosion control seed mixture, followed b
plantings of herAaceous and woody species appropriate to the site;
Compliance In order to mitigate the 65 s.f. of the corner of the new addition that is
closer than the existing building, a total of 1,080 square feet of impervious surface will be
removed. Much of this area will be located closer to the River than existing conditions,
and will be restored in conformance with 10.58 (f ). Pavement will be removed, at least
six inches of topsoil will be spread on the area, and a native erosion control seed mixture
will be sown. The area between the house and the River will receive no more than an
annual mowing (to prevent fire hazard from larger shrubs and trees).
Standard G : When the applicant proposes mitigation either on -site or in the riverfront
area within the same general area of the river basin, alteration may he allowed
notwithstanding the criteria of 310 CMR 10.58(5)c, (d), or (e) at a ratio in square feet of
at least 2:1 of mitigation area to area of alteration not conforming to the criteria...
Compliance Although it is our belief that the 65 s.f. of the corner of the new addition is
more than being mitigated for under Standard F, additional planting is proposed. It is
proposed to construct a evergreen screen along Arch Street, composed of native species.
Summary
This Notice of Intent is being filed under the Massachusetts Wetlands Protection Act
(MGL ch. 131, section 40) and its accompanying Regulations (3 10 CMR 10.00) for the
construction of a garage, breezeway, and an addition to an existing single family home.
Based upon conversation with Mr. David Foulis of the DEP Western Regional office, this
filing is being made under the redevelopment regulations at 10.58. The entire
impervious surface on the lot is less than 10% of the site. However, a small corner of the
addition (approximatel 65 s.f,), will be slightly closer to the River than the existing
building. In order to compensate for this, it is proposed to remove 1,080 square feet of
existing pavement. Most of this will be between the house and the River, and will
therefore result in a great improvement over existing conditions.
Prior to starting construction, an erosion control barrier shall be set up at the limit of
work line to prevent impact to adjacent wetlands and to clearly demark the limit of work.
We respectfully ask the Commission to approve the project, while adding any additional
Conditions that the Commission feels are necessary to protect the Interests Identified in
the Act.
Important:
When filling
out forms on
the computer,
use only the
tab key to
move your
cursor - do
not use the
return key.
V
�I
From:
Northampton
Conservation Commission
This issuance if for (check one):
® Order of Conditions
❑ Amended Order of Conditions
To: Applicant:
Alan Vogel and Beth Fischer
Name
102 Wildflower Drive
City town State Zip Code City/Town
Property Owner (if different from applicant):
Name
Mailing Address
Mailing Address
Amherst MA 01002
1. Project Location:
State Zip Code
119 Arch Street Northampton
Street Address City town
10D 26
Assessors Map /Plat Number Parcel /Lot Number
2. Property recorded at the Registry of Deeds for:
Hampshire 1906 52
County Book Page
Certificate (if registered land)
3. Dates:
February 14, 2003 March 13, 2003 April 3, 2003
Date Notice of Intent Filed Date Public Hearing Closed Datei of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
"Existing Conditions Plan in Leeds, MA, Hampshire County" Sheet 1 of 2 2/7/03
Title Date
"Proposed Conditions Plan in Leeds, MA, Hampshire County" Sheet 2 of 2' 2/8/03
revised
5. Final Plans and Documents Signed and Stamped by:
Paul Lussier, P.L.S.
Name
6. Total Fee:
$82.50
(from Appendix B: Wetland Fee Transmittal Form)
WPA Forth 5 Page 1 of 7
Rev. 02100
w
� g
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 -518
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 speck 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. 02100
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.
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 -518
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. 02100
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands 246-518
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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 "Attachment K for additional conditions.
Findings as to municipal bylaw or ordinance
Furthermore, the 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
modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,
the conditions shall control.
WPA Forth 5
Rev. 02100 Page 4 of 7
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions #4, from the date of issuance.
April 3, 2003
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 e�appropriate Department of Environmental Protection Regional
Office (see Appendix A) and the p p rty owner (if different from applicant).
Signa r s:
On Twenty- seventh Of March, 2003
Day Month and Year
before me personally appeared
the above -named
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.
g NotaryfubZic y ommisgion Expires
This Order is issued to the applicant as follows:
❑ by hand delivery on ® by certified mail, return receipt requested, on
Date
�pril`'3, 2003
Date
WPA Forth 5 Date sent to DEP: April 3, 2003
Rev. 02100 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.
-1 4- v Guwl I V" 111
WPA Forth 5
Rev. 02/00 Page 6 of 7
DEP File Number:
246 -518
Provided by DEP
u. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
---------------------------------------------------------------------------
To:
oni vauun 'L.Umn
Please be advised that the Order of Conditions for the Project at:
MUJULA LUGaUUn DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
1300K Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
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 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: # 27 & 28
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.
25. A siltation fence shall be used for erosion control.
26. The erosion control barrier shall serve as the limit of work line.
27. The restored area shall be covered with a minimum of six inches of topsoil and
planted with a mix of native grasses to be mown annually after August 1St
28. The tree, located on the slope, shall remain and shall be pruned as necessary for
safety. The applicant may remove the existing six trees located on the site and may
replace the trees elsewhere on the site.