11A-073B haydenville road planningFORK A
NORTHAMPTON, MASS.
Date
AFPLICATION FOR ENDORSEMENT
OF PLAN BELIEVED 140T TO REQUIRE APPROVAL
file one completed form with the Planning Board
, and one copy with the City Clerk in accordance with
faith requirements of Section 3.02.
To the Planning Board:
The undersigned, believing that the accompanying plan of
his property in the City of Northampton does not constitute
division within the meaning of the Subdivision Control Law,
herewith submits said plan for a determination and endorsement
that Planning Board approval under the Subdivision Control Law
is not required.
I. Applicant � ��
Print or type narie /Signatrure
2. Owner EDWARD Q I MAL g0W5K j s s ,
124 �4ay V�n�j �r �t e name Signature
L_�FD3 010 53
Address
3. Surveyor QLMER HUMLEY JR. € A66m. INC.
Print or type name Signature
125 PLEASAKIT 5T NORTHAtMPCON MA. O101oO
Address
4. Deed or property recorded in'N1e. W4M?Stll?' GUOVY Registry,
Book 145b Page 3"74-
5• Location and Description of Property:
T WO SNX -C.ez--s oa TH w r=� Sloe of
�A T.rl 1u.E RDA[> : 14, 15(0 Ax S t 1.8 ACS .
Date of Submission 85
City Cler
7
Signs u e 71
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Form 5
y '" r Commonwealth
J of Massachusetts
OEQE File No. 1 246- a 3 6 I
(To oe provaW by OEQE)
C1tyiTown Northampton
Applicant
" - Graer of Conditions
Massachusetts Wetlands Protection Act
G.L. c.131, §40
From Northampton Conservation Commission
To Edward Malinoski SAME
(Name of Applicant) (Name of property owner)
124 Haydenville Rd.
Address Leeds, MA Addres.Q
This Order is issued and delivered as follows:
C by hand delivery to applicant or representative on (date)
LX by certified mail, return receipt requested on 5/9/89 (date)
This project is located at 129 Haydenville Rd.
The property is recorded at the Registry of Hampshire Count v
W Parcel�'�
Book 1458 p age 374 ?IaP// A
Certificate (if registered)
The Notice of Intent for this project was filed on 3/21/89 (date)
The public hearing was closed on 5 (date)
Findings
The Northampton Conservation Commission , has reviewed the above- referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information available to the
conservation Commission at this time. the Commission has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act (check as appropriate):
® Public water supply ( Flood control Q Land containing shellfish
® Private water supply Q Storm damage prevention Q Fisheries
® Ground water supply Prevention of pollution Q Protection of wildlife habitat
5 -t
Effective 1 1/1/87 4 " 3
Therefore, the Conservation Commission hereby finds that the foilowing conditions are
necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter -".
ests checked above. The Conservation Commission 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 pians, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control. The, Commission finds proj ect will have adverse impacts
and deny the application.
General Canditfons (Do not apply because of denial.)
1.. Failure to comply with all conditions stated herein, and with ad related statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges: it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicabie federal, state or local statutes, ordinances, by -laws or regulations.
4. The work authorized hereunder shalt be completed within three years from the date of this Order unless
either of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act: or
(b) the time for completion has been extended to a specified date more than three years. but less than
five years, from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be Lean fill, containing no trash, refuse, rubbish or de-
bris, inc'uding but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard. pipe, tires, ashes.
refrigerators. motor vehicles or parts of any of the foregoing.
7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if
such an appeal has been filed, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located, within the chain of title of the affected property. In the
case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of registered land, the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shad be submitted to the Commission
on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the words, "Massachusetts Department of Environmental Quality Engineering,
File Number 246-
10. Where the Department of Environmental Quality Engineering is requested to make a determination and ,
to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings
and hearings before the Department.
1 1 . Upon completion of the work described herein, the acolicant shall forthwith request in writing that a =
Certificate of Compliance be issued stating that the work has been satisfactorily completed.'y:
12. The work shall c --nform to the following plans and special conditions:
5 -2
�► -M./
Plans.
Title Dated Signed and Stamped by:
On File with:
Special Conditions (Use additional paper if necessary
1) All construction area shall be restored to original condition or better upon completion of the project,
including vegetation;
2) No area within the 100 year floodplain nor within 100 feet of a wetland area, as defined in Chapter 131,
Section, M.G.L., shall be permissable disposal sites, unless otherwise approved by the Conservation
Commission;
3) Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into
wetland area or waterdays;
4) Adecuate measures shall be taken to prevent erosion and siltation of all disturbed area
5)
This Order of Conditions shall apply to any successor in interest or successor in cant- -o!;
6) Members and agents of the Conservation Commission shall have the r ght to enter and ir=ect the premises
to evaluate comoliance with the Conditions and to require the submittal of any data deemed necessary by
the Commission for that evaluation;
7) ( 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 the approved Order of
Conditions.
( ) YES ( NO
................................................................................ ...............................
(Leave Space Blanr)
5 -3A
Nftw -../
DEOE File No. 246-
Special Conditions (continued)
8) The Applicant shall notify the Conservation Commission, in writing, as to the date that work will be
commencing an the project. Said written notification must be received by the Commission no sooner than
ten (10) days and no later than seven (7) days prior to the commencement of the approved activity.
9) (if checked) 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
Said ATTACHIKENT " 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
ATTACFKENT "A" to the Conservation Commission when the bottom portion of Page 5 -4A of this Order of
Conditions Of Conditions' is returned. ( ) YES ( ) NO
10) Any fill used in this project shall be clean fill only, which can include earth, sand, gravel, rack, and
loam. The applicant is prohibited from using demolition materials, asphalt, large chunks of concrete,
tree stumps and limbs, and general refuse.
Therefore:
The Commission finds that the application is incomplete and that the project
as presented in the Notice of Intent will have adverse impact on the wetland.
The Commission denies this application as a result of the above and the
conditions of previously issued permit 246 -40 apply. Specifically, no fill
may be closer than 55 feet from the edge of the brush.
Owner must remove all fill within 55 feet of the brush and stabilize
the site by seeding and mulching all disturbed areas. Fill must be removed
within 60 days.
5 -3B
Issued By Northampton
Signature(sl
.../
Conservation Commission
This Order must be signed by a majority of the Conservation Commission.
On this 8th day of May 19 89 , before me
personally appearpri Susan Roy , 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.
60-q,e� -A. �� January 18, 1996
Notary Public Wayne M. Feiden My commission expires
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land upon which the proposed work is to
be done or any ten residents of the city or town in which such land is located are hereby notified of thew nght to request the Oecartment
of Environmental Quality Engineering to issue a Superseding Order, providing the request is made by certified mag or hand delivery to
the Oecartment within ten days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified
mail or hand delivery to the Conservation Commission and the applicant.
Detach an dotted line and submit to th Northampton Conservation Commissiot tocommencsmentofwork.
To Northampton Conservation Commission issuing Authority
Please be advised that the Order of Conditions for the project at
Fie Number __2_4 F — has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition a on 19
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Signature Applicant
5 -4A
p
THE OF MASSACHUS "'T'TS
cY
ORDER
WETLAND PROTECTION ACT'
G.L.c.131 s.40
246 -40
TO: Edward P. Malinoski
192 North St., Northampton, Mass.
RE: NOTICE OF INTENT AND PLANS DATE
DATE-OF PUBLIC HEARING:11 /21/77
P�OJ^CT LOCATION: Haydenville Road
Leeds, MA
CERT. MAIL NO: 864388
D:11/4/77 DATE - OF RECEIPT BY
CONSERVATION COMMISSION:___ _!
11/8/7.7
Pu� :;uant to the authority of G.L. c.131 s.40, the NORTHAMPTON CONSERVAiiON
CCIIC ISSION has considered your notice of intent and plans
submitted therewith, and has determined that the area on which the
proposed work is to be done is significant to one or more of the interests
described in the said act. The NORTHAMPTON CONSERVATION COMMISSION
hereby orders that the following conditions are necessary and all work
must be performed in strict conformance therewith:
CONDITIONS
I. 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. This order does not grant any property rights or any exclusive
privileges; it does not authorize any injury to private property or
invasion of private rights.
3. This order does not relieve the permittee or any other person of the
necessity of complying with all other applicable federal, state, or
local statutes, ordinances; by -laws and /or regulations.
4. The work authorized hereunder shall be completed within one (1) year
from the date of this order. The order may be extended by the
issuing authority for one or more additional one -year periods upon
application to the -said issuing authority at least thirty days prior*
to the expiration date of the order or its extension.
5. Any fill used in connection with this project shall be clean fill,
containing no trash, refuse, rubbish or debris, including, without
limiting the generality of the foregoing, lumber, bricks, plaster,
wire, lath, paper, cardboard, pipe,_tires, ashes, refrigerators,
motor vehicles or parts of any of the foregoing.
6. No work may be commenced until all appeal periods have elapsed from
the order of the Conservation Commission or from a final order by
tr-. DepartF of L'_,viran tal C.)ality Engi- ,eerino.
a y6- yo
CO;v E PT,CE 2 �'?LE NO. 46T40
1. "o ,aoi Shall be underta<c — n she final Order, with res'�c -ct
i
, -o the proposed project, has been recorded in the Registry of
Deeds for the district in which the land is located.' Copy to
be furnished to- issuer of this Order showing book and page
8. Upon completion of the work described herein, the applicant
shall forthwith request, in writing, that . a Certificate of
Co<<<pliance be issued stating that the work has been satisfactorily
completed.
9. A sign shall be displayed at the site not less than two square
-Leet or more than three square feet bearing the words,
"Massachusetts Department of Environmental Quality Engineering, File
10. Meer e the Debt. of Envircr rental Quality Engineering is requested to rake a
determination and to issue a superseding order, the Conservation
Commission shall be a party_to all agency_proceedings and hearings
before the Department of Environmental Quality Engineering.
11. The work shall conform to the following described plans and
additional. conditions: location of the house shall be as indicated
on plan submitted with Notice of Intent dated November 4, 1977.
12. There will be no extension of the area presently filled and the fill
shall not be moved towards the brook as final grading around the
house is completed.
CG14TTI;UED
PAGE 3 FILE NO. 246 -40
The applicant, any person aggrieved by this order, any owner of
land abutting the land upon which the proposed work is to be done, or
c,.y ten residents of the city or town in which such land is located,
?re hereby notified of their right to appeal this order to the Dept, of
.- Environ- -rental Quality En_gineering, provided the request is made in writing
and by certified mail to the Dept, of aiviro=� _ntal Quality EngineerinC7 within
tEn (10) days from the i ssu`nce of this order.
IS. JED BY NORTUAUTnN
CONSERVATION COMMISSION
November -21. -1977 - _-
Date of Issuance
On this Z f /col• 1977, before me personally
appeared ��.x�o��_yv_t.. 4=b�� _
to me known to be tl person described in and who - executed the foregoing
instrument and acknowledged that he executed the same as his free act
and deed.
( A— %'iy c o„ ;,iss._.on C–Xpires
(2, 117 4
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Form 9 - - DEOE RO No.
- _- _ - -' ? . - (To be provided by DECE)
;? Commonwealth
Cih,/Town Northa.rr _ot n
of Massachusetts - - - _.. Apokent Malinoski
-Enforcement Order
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From Northampton Conservation Commission Issuing Authority
To Edward Malinoski, Haydenville Road, Northampton, MA 01060
Date of Issuance 3/17/89
Property Iot/parcel number, address part of parcel 58, man 11A/ Wgat ai ria , HaUr7Anui i i a Road
Extent and type of activity:
Filling within a buffer zone and resource area (bordering vegetated wetland)
This is in violation of the Wetland Protection Act and Order of Conditions 246 -40.
(previous order 246 -40 and 246 -24 covered this property, but both have expired)
The Northampton Conservation Commission has determined that the activity described
above is in violation of the Wetlands Protection Act, G.L c. 131, §40, and the Regulations promulgated pur-
suant thereto 3 CMR 10.00, because:
n Said activity has beeniis being conducted without a valid Order of Conditions.
Zk Said activity has beagle being conducted in violation of an Order of Conditions issued to M i
dated 11 /21 /77- -since expired but r 2j:Ljfi cate of
Renumber 246 -40 Condition number(s) 12 compliance never requested,
Q Other(specify
The Northampton Conservation Commission hereby orders the following:
,QX The property owner, his agents, permittees and ad others shag immediately cease and desist from further
activity affecting the wetland portion of this property.
X3X Wetiand alterations resulting from said activity shag be corrected and the site returned to its original con -
dition.
9 -1
Effective 11/1/87
w
\r
Form 5 DECE File No. I 2 46 - J
(Ta be provided by DECE)
CityiTawn Northampton
;T„ r Commonwealth �s�ffll ��/olh7
y - of Massachusetts Applicant
IN a ,
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c.131, §40
From Northampton Conservation Commission
Edward Malinoski SAME
To
(Name of Applicant)
124 Haydenville Rd.
AddrPaa Leeds, MA Address
This Order is issued and delivered as follows:
! by hand delivery to applicant or representative on
CX by certified mail, return receipt requested on
5/9/89
(Name of property owner)
This project is located at 129 Haydenville Rd.
The property is recorded at the Registry of Hampshire Count v
Book 1458 Page 374
Certificate (if registered)
The Notice of Intent for this project was filed on
3/21/89
The public hearing was closed on 5/9/89
, (date)
(date)
Map 11A Parcel 0""
(date)
, (date)
Findings
The Northampton Conservation Commission has reviewed the above- referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information available to the
Conservation Commission at this time. the Commission , has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act (check as appropriate):
® Public water supply [ Flood control ❑ Land containing shellfish
® Private water supply CR Storm damage prevention ❑ Fisheries
® Ground water supply [2 Prevention of pollution ❑ Protection of wildlife habitat
5 - 1
Effective 11 . C) V 4 3
M
.r'
Therefore, the Conservation Commission hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter-
ests checked above. The Conservation Commission orders that ad 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 shad control. The Commission finds proj ect will have adverse impacts
and deny the application.
General Conditions (Do not apply because of denial.)
1.. Failure to comply with ail conditions stated herein, and with ad related statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges: it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the pennittee or any other person of the necessity of complying with ail
other applicable federal, state or local statutes. ordinances, by -laws or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless
either of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act. or
(b) the time for completion has been extended to a specified date more than three years, but less than
five years, from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shad be clean fill, containing no trash, refuse, rubbish or de-
bris. including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes.
refrigerators. motor vehicles or parts of any of the foregoing.
7. No work shall be undertaken until ad 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.
S. No work shad be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located, within the chain of title of the affected property. In the
case of recorded land, the Final Order shad also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of registered land. the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the Commission
on the form at the end of this Order prior to commencement of the work.
9. A sign shad be displayed at the site not less than two square feet or more than three square feet in size
bearing the words, "Massachusetts Department of Environmental Quality Engineering,
File Number 246-
10. Where the Department of Environmental Quality Engineering is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shall be a party to ad agency proceedings
and hearings before the Department.
11 - Upon completion of the work described herein. the applicant shall forthwith request in writing that a =
Certificate of Compliance be issued stating that the work has been satisfactorily completed. 4 "y
12. The work shall ccnform to the following plans and special conditions:
5 -2
../
Plans :
Title Dated Signed and Stamped by: on File with:
Special Conditions (Use additional pauper if necessary)
1) All construction areas shall be restored to original condition or better upon completion of the project,
including vegetation;
2) No areas within the 100 year floodplain nor within 100 feet of a wetland area, as defined in Cliapter 131,
Section, `f.G.L., shall be permissable disposal sites, unless otherwise approved by the Conservation
Commission;
3) Excavated material and topsoil stoc o Iles shall be located and stabilized so as to minimi washing into
wetland areas or waterways;
4) Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas;
5)
This Order of Conditions shall apply to any successor In interest or successor in control;
6) Members and agents of the Conservation Commission shall have the right to enter and inspect the premises
to evaluate compliance with the Conditions and to require the submittal of any data deemed necessary by
the Commission for that evaluation;
7) (if checked) Uoon completion of the project, the Applicant sha11 submit a statement from the Project
Engineer that all work has been done in conformance with the provisions of the approved Order of
Conditions.
( ) YES (Y) 1 110
................................................................................ ...............................
(Leave Space Blank)
S -3A
. ° N"MW ...'
DEOE File No. 246-
Special Conditions ( continued)
8) 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 seven (7) days prior to the commencement of the approved activity.
9) (if checked) 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
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 portion of Page 5 -4A of this Order of
Conditions Of Conditions' is returned. ( ) YES ( ) NO
10) Any fill used in this project shall be clean fill only, which can include earth, sand, gravel, rack, and
loam. The applicant is prohibited from using demolition materials, asphalt, large chunks of concrete,
tree stumps and limbs, and general refuse.
Therefore:
The Commission finds that the application is incomplete and that the project
as presented in the Notice of Intent will have adverse impact on the wetland.
The Commission denies this application as a result of the above and the
conditions of previously issued permit 246 -40 apply. Specifically, no fill
may be closer than 55 feet from the edge of the brush.
Owner must remove all fill within 55 feet of the brush and stabilize
the site by seeding and mulching all disturbed areas. Fill must be removed
within 60 days.
5 -3B
Issued Bar Northampton
Signature(s)
--
.../
Conservation Commission
This Crder must be signed by a majority of the Conservation Commission.
Cn this 8th day of May 19 89 , before me
personally appears Susan Roy 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.
January 18, 1996
Notary Public Wayne M. Feiden My commission expires
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land upon which the proposed work is to
be done or any ten residents of the city or town in which such land is located are hereby notified of their right to request the (Department
of Environmental Quality Engineering to issue a Superseding Order, providing the request is made by certified mad or hand dedvery to
the (Department within ten days from the date of issuance of this Order. A copy of the request shaii at the same time be sent by certified
mail or hand delivery to the Conservation Commission and the applicant.
Detach an dotted line and submit to th Northamp ton Conservation C Ommissiolirimtocommencemettofwork.
TO Northampton Conservation Commission Issuing Authority
Please be advised that the Order of Conditions for the project at
Fie Number --Z,4 6 — has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition 8 an 19
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction i�
Signature Applicant
5 -4A
Nam-
M
Form 3 DEQE File No. I 246—
.
Commonwealth (To be provided by DEQE)
of Massachusetts city /Town Northampton-
!:. \
Applicant Malinsoki
Notice of Intent
Under the
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
and
Application for a Department of the Army Permit
Part I: General Information
1. Location: Street Address
Lot Number sheet 11A,
//
2. Project: Type r /!/
A ` `� �'�C AZ
_.._ _ _ fl .. _ , _ ' - '1
Description fps"
+
p city li "• 1;: : `� !
/ 20" J''. .'. `
s
F_�- �,�"
3. Registry: County * a2viJTk 11 't Current Book
Certificate (If Registered Land)
4. Applicant r ` ' �" /": S r
Address ?�; .? ��'' `' " 0 Az
/7 S , .. & Pag
5. Property Owner —/ / % // Alf-, -C /4
Tel. .'
Tel 'tr�3 : , !.►
Address'
6. Representative T1.'
Address
7. Have the Conservation Commission and the DEQE Regional Office each been sent, by certified mail or
hand delivery, 2 copies of completed Notice of Intent, with supporting plans and documents? -'
• ;� -mss ; ; : � �� ��
Yes P1 No ❑ t
- 1
Effective 11 / 1 /87
3 -1
a06 a36
8. Have all obtainable permits, variances and approvals required by local by -law been obtained?
Yes 9 No ❑ r'.•...
Obtained: L A d.Fo�• Not Appiled For
9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c. 131, §40A or G.L.
c. 130, § 105? Yes K No ❑
10. List all plans and supporting documents submitted with this Notice of Intent.
Identifying
Number /Letter- - Title, Date
IJA
a ziza
�*:as � rr � �5 a s,� � � �► � ,��,i , _� .� _- � �"��
11. Check those resource areas within which work is proposed:
(a) I& Buffer Zone
(b) Inland:
W Bank' Land Subject to Flooding,
g ...
6L Bordering Vegetated Wetland =._ -. _'.. ❑
Land Under Water Body & Waterway* ❑ Isolated
(c) Coastal: xetgell .8
Lan Under the Ocean * _ ❑ Designated Port Area*
_
❑ Coastal Beach*, ❑.. Coastal Dune
❑ Barrier Beach ❑ Coastal Bank
❑ Rocky Intertidal Shore' - J ❑ V Salt Marsh •
❑ Land Under Salt Pond• ❑ Land Containing Shellfish*
❑ Fish Run -
' Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. See General Instructions for f `
Completing Notice of Intent.
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G L C .131 .'�0 _ ft - 7 /
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ANDMENT OF ORDER OF CONDITIO -I'
IME ,-- `
NORTHAMPTON CONSERVATION coymISSION DATE December
haydenville Rd.
FILE NO. 246 -24 PROJECT LOCATION Northampto.
Edward P. Ma1inoski CERTIFIED mAIL NO.
O 192 North Street
Northampton , Mass.
This document amends the Order of Conditions issued toEdward P.
Malinoski, 192 North St., Northamptdated September 2, 1976
as follows:
All work shall conform to the plans titlBd: IALINOSKI: Permit- 246 -24
Revisions and Repair to Areas Altered in Violation of Ch. 131, s.40,
Drawn by D. Clark, 10/26/76.:
Temporary silt trapDing structures shall be installed immediately
and shall remain in olace and be maintained until issuance of a
Certificate of Complian ce.
The channels shall be generally graded with sides that downward at a
slox)e of one vertical to five horizontal to conform with the plans.
The cuieting pond shall be located according to the plans with the
final location to be set in the field by the Natural Resource Planner
and /or a. Commission representative and shall conform to the following:
All side slopes shall be no steeper than 5:1
(Continued on attached sheet)
Signature of Issuing Authority, Northampton Conservation Commission
On this thirteenthday of December 19 76 , before me
personally appeared Timothy F. Washburn
to me known to be the person described in and who executed the foregoing
instrument and acknowledged that he executed the same as his free act
and deed.
�� Nove�P 2F 1 �►
No ary aubl c My commission exp3 -re s
C�
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G 3iLLi� OF C'�NzII'L �NS continue
To: Ed�zard P. Malinoski Project Location
192 North Street
Northampton, glass.
ayder�vi
NorthaL oton, Mass.
The excavated area for the o_uieting pond shall be no smaller,
than 8000 seuare feet - the final area to be set in the field
by the Natural Resource Planner and /or a Commission
representative.
A device will be recuired to hold water for storage during
periods of high flows and to release the water slowly. A
central drain may be required for low periods to drain the
pond.
The final construction shall be inspected by the Natural
Resource Planner an /or a Commission ren_resentative prior
to seeding.
All areas designated for rip - rapping shall use stone approx. 4 -6"
in diameter, or other material approved by the Natural Resource
Planner.
If any area recuires a slope steeper than one vertical to five
horizontal, that area shall be suitably protected from erosion
until final stabilization is realized.
All exposed areas shall be suitably seeded with appropriate turf
grass no later then I.ay 30 1977.
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V;ALINO:>KI
D1:R -- 246 -24
. iML1,TDMLNTS TO ORDER :)F C01,
.These amendments are is: >ued .to:4correct work done in violation of
the WPA, performed - )rior tb Nov. 1 5, 1 977, and to modify details
on the original plans that .ere incorrectly designed...
All worn shall conform to the plans titled: MALINOSKI: Pewit #246 -24
Revisions,nd re: bb areas altered in violation of Ch. 131, a. 40.
�a
Drawn by D.. Clark, Date
*Final date not eomDletc
Work to be performed immediately:
Installatd of. temporary silt tra�,ping structures, which. shall remain
in glace and be ma intained.until issuance of a Certificate of Compliance.
.:General standards:
Channels . shall be e :enerally graded with sides that slopesdownward at
. a slope of one tierti bb five horizontal.to.conform with the glans.
The guietinpc pond shall'be located according to the plans (Final
location to be set in field by NRP) and s.hall conform to the
following:
All side slopes shall be no steeper than lv to 5h.
Excavated area shall be no smaller than 8000 s.f..(Set in field
by NRP.) d #V 1iR cOA9 Redo..
Devitt will be required to hold water for storage during high
flows and let it out slowly (Stone Weir Dam ?) A central drain
may be required for low flow perlods to drain area.
Final cons ruction to be inspected by rior -to seeding!
All ex?osed areas in this excavation shall be seeded before
May 30 1976.
All area, de'signated for raping shall use stone approx. 4 -6"
In diamet( or other material approved by NRP.
If any area requires a slope steeper than 1v to 5h that area shall
be suitabley protected fromTerosion until final stabilization is
realized.
All areas shall be suitabley seeded with an appropriate turf grass
mixture no later than May 30, 19 7
avi 14 V
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UR D -R
WE'TLA�ND PROTECTION ACT
G.L.c.131' s.40
i'
F T T_ E R. # 21x6 -24 PROjrCT LOCATION: Haydenville' nd.
Northampton, Ma.
TO: Eduard P. Malinoski CERT. MAIL NO:
192 North St. Northampton, Ma.
RE: NOTICE OF INTENT AN PLANS DATED: DATE'OF RECEIPT BY
6/10/76 CONSERVATION CC;= ,.riISSION: _
DATE OF PUBLIC HEARING: 6/10/76
8/16/76 `
Pursuant to the authority or G.L. c.131 s:40, the NORTHAMPTON CONSERVATION
COMMISSIO has considered your notice of intent and plans
subn therewith, and has determined that the area on which the
proposed work to be done - is - si.onificant to one or more of the interests
described in the said act. The NORTHAMPTON CONSERVATION COMMISSION
hereby orders that the following conditions are necessary and all work
must be aerformed in strict conformance therewith:
CONDITIONS
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. This order does not grant any property rights or any exclusive
privileges; it does not authorize &n-,r inju -y to arivate property or
invasion oL private rights.
3. This order does not relieve the permittee or any other person of the
necessity-of complying with all other aoolicable federal, state, or
local statutes, ordinances, by -laws and /or regulations.
4. The work authorized hereunder shall be completed within one (1) year
from the date of this order. The order may be extended by the
issuing authority for one or more additional one -year periods upon
application to the said issu.ng authority at least thirty days prior
to the expiration date of the or or its extension.
5. Any fill.used in connection with this project shall be clean fill,
containing no trash, refuse, rubbish or debris,- including, without
limiting the generality of the foregoing, lumber, bricks, plaster,
wire, lath, paper, cardboard, pipe, _tires, ashes, refrlderators.
motor vehicles or parts of any of the _orego?ng.
6. No work may be co7tmienced until 211 api:)eal periods have elapsed IrOin
the order of the conservation Commasslon or from a final order bV
the JeDartiT :ent of j�atural resources has elapsed.
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7. No work --.-a 11 be undert� = }:en until e iir,al Order, with re= ct
to the proposed project, has been recorded in the Registry of
De gds for the district in which the Ia is located. Copy to
be furnished to issuer of this Order showing book and page.
B. Upon completion of the work described herein, the applicant
s ;all for wi th .recuest, i writing, that a Certi of
COITIDliance be issued stating that the work has been satis�actorily
completed_
9. A sign shall be displayed at the site not less than two square
feet or more than three square feet bearing the words,
"Massachusetts Department of Natural Resources, File
Number # 2 -
10. Where the Department of Natural Resources is reev ested to make a
determination and to issue a superseding order, the Conservation
Commission shall be a party to all agency proceedings and hearings
before the Department of Natural Resources
11. The work shall cor_.L to the following described pions and
aodit ional conditions:
12. All work shall conform to a plan submitted at the August 16, 1976
Public Hearing which is to be included with the original Notice of
Intent. This plan specifically identifies the locations of the
proposed culverts and the limits of filling.
13. The slope of the existing stream shall be established by IrIassachusetts
Department of Public Works Engineers and t -he proposed culvert laid
to the specifications and elevations recommended by them.
14. The area near the inflow of the proposed four foot diameter culvert
shall be rip - rapped with a suitable material to stabilize the
channel and banking.
- 31 -
a Vilm- a 9
PACE 3
r i ]-E NO . 246 - 24
The applicant, any person aggrieved by this order, any owner of
land abutting the land upon which the proposed work is to be done, or
-i z_en residents of the city or tc)'wn in which such land is located,
--re hereby notified of their right to appeal this order to the Dept. of
a-,virOP- Me.�tal Qaality Engineering, _provided the request is made in writing
and by certified mail to the Dept, of rviror��r;ental Q-Jality_FF-: r,earina within
ten (10} days from the issuance of this order.
ISSZ D BY Northampton Conservation
Commission
i
Cn t1� �� c , y of 19� before 7,e personally
aoocared :wo71 r �'N PtLAtMM
to i +.e known to be Y he person described in and who executed the foregoing
instru -ment and acknowledged that he executed the same as his free act
and deed.
my C�'r'U scion expires:
V
OW
A
PACE 3
r i ]-E NO . 246 - 24
The applicant, any person aggrieved by this order, any owner of
land abutting the land upon which the proposed work is to be done, or
-i z_en residents of the city or tc)'wn in which such land is located,
--re hereby notified of their right to appeal this order to the Dept. of
a-,virOP- Me.�tal Qaality Engineering, _provided the request is made in writing
and by certified mail to the Dept, of rviror��r;ental Q-Jality_FF-: r,earina within
ten (10} days from the issuance of this order.
ISSZ D BY Northampton Conservation
Commission
i
Cn t1� �� c , y of 19� before 7,e personally
aoocared :wo71 r �'N PtLAtMM
to i +.e known to be Y he person described in and who executed the foregoing
instru -ment and acknowledged that he executed the same as his free act
and deed.
my C�'r'U scion expires:
V
OW
a % PROTECTION ACT
ENVIRONMENTAL DATA FORM
1. All parts of this form are to be filled out by the applicant
his agent under the provisions of G.L. CH.131 s.40.
2. Where a section is not relevant to the application in question,
the words-"Not applicable" should be.entered on the appropriate
line.
NAME OF APPLICANT
ADDRESS OF APPLICANT � / /� � I �I-
MUNICIPALITIES WHERE ACTIVITY IS PROPOSED AND NOTICE IS FILED.
DESCRIPTION OF PROPERTY INVOLVED
IN APPLICATION (including the dimensions
of any existing buildings, decks, marinas,
existing cesspools)
DESCRIPTION OF MODIFICATIONS PROPOSED / rol � t����v 4
ON THE SITE, including grading, dredging, , rd_- --a
removal of vegetation, etc.
A. SOILS
1. United States Department of
Agriculture Soil Types / (shdw on map)
2. Permeability / of soil on the site. (Dates of testing)
3. Rate of percolation of water through
the soil. (Dates of testing) -� IYa
B. SURFACE WATERS
1. Distance of site from nearest
surface w,�,,aggter (Date of measurement)
2. Sources of runoff water
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