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50 Mass Wetlands Protection Ordinance 1990 310 CMR 10.99 Form 5 From Commonwealth of Massacnusetts MAP ID # 18C-34 OEP e+e e> 246- 2 6/ fro a wwve oy 0EP) Cap Torm Northampton rowel C.L. Frank, Inc. Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131 , §40 AND THE NORTHAMPTON WETLANDS PROTECTION ORDINANCE Northampton Conservation Commission To C.L. Frank, Inc. Acoress (Name of Applicant) 50 Cooke Avenue Northampton, MA 01060 C.L. Frank (Name or orocerty ownen 132 Warner Road Actress Belchertown, MA 01007 This Creer is issued and ce!iverec as follows: by nand delivery to applicant or representame on care) 2C by certified mail. return receipt requested on July 24, 1990 (care) This proiect is located at 50 Cooke Avenue The property is recorced at the Registry of Hampshire County Book Page Certificate Of registered) The Notice of Intent for this project was filed on June 25, 1990 (date) The public heating was closed on July 9, 1990 (date) Findings The Northampton Cnn<ennti nn Commi«i nn has reviewed the above-referenced Notice of Intent anti plans and nas nerd a puolic heating on the protect. Based on the Information availanle to the Conservation Commission at this time.the Commission has determined that the area on which the arcoosed work is to be cone is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under me Act tcheck as aoeropnatel: '-' Prvt water supply Flood control ❑ Land containing shellfish L Private water supply ® Storm damage prevention ® Fisheries ❑ Ground water supply ® Prevention of pollution ❑ Protection of wildlife habitat Total Fling Fee Submitted $525 State Share $250 City/Town Share $275 eh_fee in excess of 525) Total Retina Due 5 -0- City/Town Portion $ State Portion S ('h total) ('h total) 5-1 Effective 11/10/89 Therefore. the Norrhatimrnn Conservation Comm. hereby finds that the following conditions are necessary, in accordance with the Performance Standaras set forth in the regulations, to protect those inter- ests checkS above.The Conservation Cotmisst no orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above.To the extent that the fol- lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditions Failure to comply with all conditions stated herein. and with all related statutes and other regulatory meas- ures. shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privileges:it does not authonze any injury to ornate oroperty 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 aooiicable federal. state or local statutes.ordinances.by-laws or regulations. 4. 're work authonzed hereunder shall be completed within three years from the cam of this Order unless either or the following apply' la) the works a maintenance dredging project as crowded for in the Act or (b) the time for completion has been extended to a specified date more than tnree years,but less ban five years.from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. 5. This Order may be extended by the issuing authority for one or more periods of uo to three years eacn urban application to the issuing authority at least 30 days prior to the expiration date of the Order. o. Any fill used in connection with this project shall be dean fill,containing no trash,refuse.rubbish or de- tins, including but not limited to lumber, bricks,plaster,wire,lath,paper.cardboard' pipe.tires,ashes. refrigerators. motor vehicles or parts of any of the foregoing. 7. No work snail be undertaken until all administrative appeal periods from this Order have elapsed or.if such an appeal has been filed, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or them Land Court for the district in which the land is located,within the chain of title of the affected property.In 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 registeredland.the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land won which Me proposed work is to be done.The recording information shall be submitted to the Colt sat nn on the form at the end of this Order prior to commencement of the work. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size beating the words.'Massachusetts Department of Environmental Protection, File Number 246- 2 61 10. Where the Department of Environmental Protection is requested to make a determination and to issue a Superseding Order.the Conservation Commission shall be a party to all agency proceedings and hearings berate the Department. 1 1 . Coon completion of the work described herein.the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satistaconly completed. 12. The work snail conform to he Iollowing plans and special conditions: 5-2 Plans. (See also Page 5-3 B) Title Frost & Higgins Dated Sioneo and Stanoec by: 4/20/66 Almer Huntley, w/undated changes not signed rhangcs On Pile with Northampton Cons. Commission Conservation Commission Conservation Commission Conservation Commission Soectal Contlibons (Use additional oaoer it necessary, 13) All construction areas shall be restored to original condition or better upon completion of the project, including vegetation; 14) No areas within the 100 year floodplain nor within 100 feet of a wetland area, as defined in Chapter 131, Section, M.G.L., shall be permissible disposal sites, unless otherwise approved by the Conservation Commission; 15) Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; 16) Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas, and shall be implemented prior to any construction. Sedimentation and erosion control devices shall be placed according to standards set in the U.S.D.A. Soil Conservation Service, "Guidelines for Soil and Water Conservation in Urbanizing Areas of Massachusetts" Placement shall be directed at the site by the project engineer in order to accomplish maximum control of products of erosion and ensure that no eroded materials will reach wetland resource areas Hay bales must be staked and entrenched for maximum control. Silt fencing must be of sufficient porosity to pass detained water without allowing suspended sediments to pass through fence. 17) The areas of construction shall remain in a stable condition at the close of each con- struction day. Erosion controls shall be inspected at this time, and maintained or reinforced to meet specifications in the plans and this order, including condition 4 above. 18) This Order of Conditions shall apply to any successor in interest or successor in control; 19) Members and agents of the Conservation Commission shall have the right to enter and in- spect the premises to evaluate compliance with the Conditions and to require the submittal of any date deemed necessary for that evaluation; 20) (if checked) Upon completion of the project, the Applicant shall submit a statement from the project engineer that all work has been done in conformance with the provisions of approved Order of Conditions: ( X )YES ( )NO (Leave Space theme Plans: (See also page 5-3A) rile Dated Signed and Stamped by: On File with: Conservation Commission Conservation Commission Conservation Commission Conservation Commission Special Conditions(use additional pacer if necessary: 21) (if checked) An "As Built" plan shall be included with the project engineer's statement, detailing the post-development conditions of the site: ( )YES (X )NO 22) The Applicant shall notify the Conservation Commission, in writing, as to the date that work will be commencing on the project. Said written notification must be received by the Commission no sooner than ten (10) days and no later than five (5) days prior to the commencement of the approved activity. 23) The Applicant shall complete and execute the attached ATTACHMENT "A"/NOTICE OF POSSIBLE WETLANDS RESTRICTIONS UNDER M.G.L. C.131, S.40 relative to Entire Property Said ATTACHMENT "A" shall be attached to, become a part of, and shall be filed with this Order of Conditions at the Registry of Deeds. The Applicant shall return a copy of the completed and notarized ATTACHMENT "A" to the Conservation Commission when the bottom postion of Page 5-4A of this Order is returned. ( X)YES ( )NO 24) Any fill used in this project shall be clean fill only, which can include soil, gravel, rock, and loam. The applicant is prohibited from using demolition materials, asphalt, large chunks of concrete, tree stumps and limbs, and general refuse. 25) The contractor is responsible with the applicant and property owner for any violation and the penalties under the law for such violation. While all activities regulated by this Order are being performed and during the construction phase for this project, an on-site foreman, directing engineer, or designated construction manager, shall have a copy of this permit at the site, familiarized himself, or herself with the conditions of this permit, and adhere to such conditions. A copy of the plans and Order must always be on- site and in all excavating machinery when work is being performed. 26) All required permits must be obtained from the Planning Board Zoning Board, Dept. of Public Works S Building Inspector prior to the start of this project and all permits must be complied with. Army Corps of Engineers 404 permits and Water Quality Certifications must be obtained prior to the start of projects involving fill within areas of Coorrpsdiction. J j Additional special conditions on Attachment A (Leave Space 3Wne1 5-3B Issued 9 Conservation Commission This Order must be signed by a mafonty of the Conservation Commission. On this 23rd day of July 19 90 before me personally aopeafed CA t.'/.0 6g-'CCF^ to me known to be the person descnbed in and who executed the foregoing instrument and acknowieogea that he!sne executed the same as his/her free act and peed. WAYNE M.t4IOEN NOTYY NIONe 1R besseN to~Id 14.0.y.aUM v✓ Notary PusI c My commission expires The aomilsnc me owner.any person aggrieved try this Omer,any owner of and abunam me land upon winch the orovOsea worsts to be pane.or any ten resound at me Cary or twin in wnial soon and ts coated.are nereoy notified m mere ngm to reausat me Ow-u.rrc of Environmental Protection to issue a Superseding Omer.providing ma reouest is moos by certified mad or hand aelvery to me Department. with me acproonate filing fee and Fee Tlarmnital Form as mowed in 310 OAR 10.03(7),within ten days Imm me ape of essence of tors Detemmnaoon.A copy of the request snail at the same tune oe sent oy carolled Ind or nerd money to the Canser/aeon Commission and the agolicam. Detach on domed fine and submit to the To Northampton Conservation Comm. prior to commencement of wort Northampton Conservation Commission 'SSwflq ummly Please oe aavtsea that the Omer of Conotuons for me prcgect at 50 Cooke Avenue =ueNumoer 246— 2(1 'as peen recorcea at me Registry of Hampshire County .roc nas bean noted in me cnam of title of the affected orooer y in accordance with General Conmton 8 on 19 If recIXmp land. the lnsWment numner wmcn lc:armlets its bn9ctmn h If registered Jana. the document ntnnoer wmCh loenMies this tiansacnon is S cna:ure S-4A A"^'cant ATTACHMENT A NOTICE OF POSSIBLE WETLAND RESTRICTIONS UNDER M.G.L. C. 131, S. 40 & NORTHAMPTON WETLANDS PROTECTION ORDINANCE I , the owner of certain property located at Northampton, Hampshire County, Massachusetts, being the same property described in a deed dated , and recorded in the Hampshire County Registry of Deeds at Hook , Page , do hereby agree and state that any construction upon or alteration to said property, including brush clearance, may require action by the Northampton Conservation Commission and that any instrument conveying any or all of my interest in said property or any portion thereof shall contain language substantially as follows: This property may be subject to the Northampton Wetlands Protection Ordinance, the Wetlands Protection Act, an Order of Conditions, and/or a determination of applicability from the Conservation Commission of the City of Northampton. Signed: property owner: COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE, ss Then appeared personally the above named person and acknowledged the foregoing to be his/her free act and deed, before me- Notary Public My commission expires ADDITIONAL SPECIAL CONDITIONS 27) The area shown on the Plans as "existing pit" may not be filled higher than one (1) foot below the lowest elevation of the "top of slope" shown on the Plans 28) The "existing pit" may only be filled with tree materials (i.e. branches and wood chips) . 29) 150-A Site Assignment and an Operations Plan must be approved by the Board of Health and DEP prior to any additional filling.