12C-001 54 north farms road conservationw
310 CMR: DEP -, . MENT OF ENVIRONMENTAL PR(w6CTION
10.99: continued
DEP File No. 1 246-
(To be provided by DEP)
Form 2
Commonwealth
of Massachusetts
City /Town: mpton - _
ApplicantG
Date Request Filed o5 9
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, § 40
THE CITY OF NORTHAMPTON'S WETLAND PROTECTION ORDINANCE, c.24
FROM: Northampton Conservation Co min ssion Issuing Authority
TO:
(Name of person making request) (Name of property owner)
Address B �a +� �5 �e ap FLO�e Address o r rm
This determination is issued and delivered as follows:
❑ by hand delivery to person making request on
(date)
by certified mail, return receipt requested on cic a S i 471 (date)
Pursuant to the authority of G.L. c. 131, §40, the N rthampton onsenmdon C'onunLqsio_n has considered your request for a
Determination of Applicability and its supporting documentation, and has made the following determinatimp(eha & whichever
is applicable):
Location: Street Address gY No2 F - S
Lot/Map and Parcel Id Number: MAe I-o-r-
This Determination is positive.
1. ❑ The area described below, which includes all/part of the area described in your request, is an Area subject to
Protection under the Act. Therefore, any removing, filing, dredging or altering of that area requires the filing
of a Notice of Intent.
2. ❑ The work described below, which includes all/part of the work described in your request, is within an Area
Subject to Protection Under the Act and will remove, fill, dredge or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
4/1/94
310 CMR - 401 401
310 CMR: DE%. ,,.TMENT OF ENVIRONMENTAL Ph,..,�ECTION
10.99: continued
3. ❑ The work described below, which includes all/part of the work described in your request, is within the Buffer
Zone as defined in the regulations, and will alter an Area Subject to Protection Under the Act. Therefore, said
work requires the filing of a Notice of Intent.
This Determination is negative:
1. ❑ The area described in your request is not an Area Subject to Protection Under the Act.
2. ❑ The work you described in your request is within an Area Subject to Protection Under the Act, but will not
remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent.
3. The work you described in your. request is within the Buffer Zone, as defined in the regulations, but will not
alter an Area Subject to Protection Under the Act. Therefore, said work does not require the filing of a Notice
of Intent.
4. ❑ The area you described in your request is subject to Protection Under the Act, but since the work you describe
therein meets the requirements for the following exemption, as specified in the Act and the regulations, no
Notice of Intent is required:
Issued by Northampton Conservation Commission
Signature(s)
4
This Determination must be signed by a majority of the Conservation Commission.
On this 209 day of orG �O L. _ 19 9 , before me personally
appeared n k 7 05 c,l r i , 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.
Vvll�zwo
My ommission Expires
This Determination does not relieve the applicant from complying with all other applicable federal, state or local institutes, ordinances, by -laws or regulations.
This Determination shall be valid for three years from the date of issuance.
The applicant, the owner, any person aggrieved by this Determination, 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 Protection to issue
a Superseding Determination of Applicability, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing
fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten days from the date of issuance of this Determination. 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.
4/1/94 310 CMR - 402 402
r '� fry" •
, 41111111-1
310 CMR 10.99
Form 1
-
'' Commonwealth
# of Massachusetts
cc
V
..*
DEP File No. C _ 1
(to be Proviood by DEP)
Cidy -town AlO E OA
Applicanl E6TP K- �
ix
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131 §40
1. I, the undersigned, hereby request that the
Conservation Commission make a determination as to whether the area, described below, or work to
be performed on said area, also described below, is subject to the jurisdiction of the Wetlands
Protection Act, G.L. c. 131, §40.
2. The area is described as follows. (Use maps or plans, if necessary, to provide a description and the
location of the area subject to this request.)
Location: Street Address 8 ;L NoRia FAkM S I.0
Lot Number: rrG2C ;.
3. The work in said area is described below. (Use additional paper, if necessary, to describe the
proposed work.)
C ✓�,eik IDROVO '565
Sur'�S ( PI\AAP SySi��)
-
V.
No
P-O,)\D S ti L Flaice ' 'tu ti tL b - G: I ti STA LLZ- ►(?(2- W CL
- T - 3 . -e��vs j� C 0 ,�r,� -J� w� ►►N i� �vp v�v� L �rc.�
50� Ls Avk�
4. The owners) of the area, if not the person making this request, has been given written notification of this
request on (date)
The names) and address(es) of the owner(s):
5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts
Department of Environmental Protection
c ? - /-s - 9 T (date)
DE'P Northeast Regional Office
DEP Southeast Regional Office
5 Commonwealth Avenue
Lakeville Hospital
Woburn, MA 01801
Route 105
'
- Lakeville, MA 0234'7
DEP Central Regional Office
75 Grove Street
DEP Western Regional Office
Worcester, MA 01605
State House West, 4th Floor
436 Dwight Street
Springfield, MA 01103
6. 1 understand that notification of this request will be placed in a local newspaper at my expense in accor-
dance with Section 10.05(3) (b) 1 of the regulations by the Conservation Commission and that I will be
billed accordingly. ,
Signatur �~ Name era
Address /[/ TN � ,e. AV.S 7 1U22Tl fJ' A ffel.
Form 5
Commonwealth
of Massachusetts
J: / C- oaf
../
DECE File No. 12 145 1
(To be provided by DEQE)
City /Town Northampton
Applicant McCoy
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
Fro the Northampton Conservation Commission
To Patrick J. McCoy same
(Name of Applicant) (Name of property owner)
Address 84 N. Farms Rd., Northampton, MA Address
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on (date)
® by certified mail, return receipt requested on January 31, 1C)86 (date)
The property is recorded at the Registry of Deeds, Hampshire County
Boo 2458 _ Page 342
Certificate (if registered)
The Notice of Intent for this project was filed on .Tan„ a rg 1 1 198 6- (date)
The public hearing was closed on Jan„arW 97 1 QRA (date)
Findings
The Nnrthamnp nD ('nerti pa rnmmissi nn 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 atthistime,the Conservation 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 ® Storm damage prevention
❑ Private water supply ❑ Prevention of pollution
❑ Groundwater supply ❑ Land containing shellfish
0 Flood control ❑ Fisheries
5 -1
%ftwo- 1"100
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 Cnn s P rva ' on Cnmmissinn 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 -Al
lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
General Conditions
1. 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 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 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 shall 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 vthicles 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 shall be submitted to the r.0 n issic n
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 2 - 34 b 5
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.
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.
12. The work shall conform to the following plans and special conditions:
5 -2
N%00-
Plans:
Title Dated Signed and Stamped by:
Sketch of Side V iew & Pla View
submitted with Abbreviated
Noti e of n ent
On He with:
Northampton Conser
Commission and
DEQE Regional Offi
Special Conditions (Use additional paper if necessary)
1) All construction areas shall be restored to roginal 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 Chapter 131, Section 40, 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 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) The fill may be levelled on the existing non — wetland portion of the
site, as shown on the submitted plans;
8) All asphalt and unclean fill shall be removed from the site prior to
levelling off of the fill;
...................................................................................................................................................... ...............................
(Leave Space Blank)
5 -3A .
../
ORDER OF CONDITIONS (continued)
Patrick J. McCoy
File # 246 -245
Special Conditions (cont.)
9) The pitch of the existing slope of the bank down to the wetland area
shall not be changed;
10) All disturbed areas shall be seeded with a conservation mix sufficient
to prevent erosion and sediments from reaching the wetland area;
11) The large willow tree to the north of the pond may be cut down;
12) A new Notice of Intent (with plans) must be filed and a new Order
of Conditions must be granted before the pond may be filled in.
5 -38
'%P-' .,
Issued Northampton Conservation Commission
Signature(s)
This Order must be signed by a majority of the Conservation Commission.
On th Z 7 day of — � Ji'v - 19 , before me
Personally appeare '�/ --z, 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//h r free act and deed.
/—
Notary Public �&i N5 r� N -S- T vX ( 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 mail or hand delivery to
the Department 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
mad or hand delivery to the Conservation Commission and the applicant.
Detach on dotted line and submit to the Northampton Conservation Commissior commencement ofwork.
.......................... . ............................................ . . ............ » .................................................. . ............................................... . .......................
To Issuing Authority
Please be advised that the Order of Conditions for the project a
File Number 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 on . 19
If recorded land, the instrument number which identifies this transaction I
If registered land, the document number which identifies this transaction
Signature
Applicant
5 -4A
f
Issued By Northampton
Conservation Commission
Signatures)
This Order must be signed by a majority of the Conservation Commission.
On th Z 7 day of
personally appear _ �ct„z� _ _ _ 9 , before me
Person described in and who executed the foregoing instrument and acknowledged that he /she executed
the same as his /h r free act and deed
Notary Public
My commission expires
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land upon
be done or any ten residents of the city or town in which such tend is located are hereby notified of their wh ht to� Proposed work is to
of Environmental Quality Engineering to issue a Superseding Order, providin the r request the wrk is Department
the Department within ten days from the date. of g request is made by certified mail or hand delivery to
mail or hand delivery to the Conservation Commtssi�ndo Order. A copy of the request shell at the same time be sent by certified
applicant. i
Detach on dotted line and submit to the Northam ton Conservation C
ommi s s iorprior to commencement of work.
To ................................................................... ............................. ...............................
Please be advised that the Order of Conditions for the proiect a
File Number has been recorded at the Registry of
Authority
and
has been noted In the chain of title of the affected property in accordance with General Condition 8 on
If recorded land, the instrument number which identifies this transaction is . 19
If registered land, the document number which identifies this transaction is
Signature_
5 -4A -- Appticant
Form 4
DEGE F" No. 246- 1
(To be provided by DEGE)
[01, I M 1141 elk 0163
Applicant
Abbreviated Notice of Intent
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
To be used only for projects of minimum impact, as described In the General Instructions for Completing the
Notice of Intent.
1. Location: Street Addre /L o 2Tfi� 'G
Lot Number ZZ
2. Project:
,L a
c
..►►,
Descriptio 40 ; E s i cS1 ro g�
c
3. Registry: County Hampshire Current Boo -& Page
Certificate (If Registered Land)
4. Applicant: Yf1 T/ i C-/i Co ti Tel. S
5. Property Owner: �Sa_ t Tel.
Address:
6.. Representative: Tel.
Address
7. Have the Conservation Commission and DEOE Regional Office each been sent, by certified mail or
hand delivery, 2 copies of completed Notice of intent, with supporting plans and documents?
Yes Ar No • C
8. Have all obtainable permits, variances and approvals required by local by -taw been obtained or applied
for? Yes K No D
Obtained: Applied For: Not Applied For:
/n
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 O No JO
10. List ap plans and supporting documents submitted with this Notice of Intent.
Identifying
Number /Letter Title/Date
4 -1
..►►'
1 1. For work proposed within the Buffer Zone (as defined in part 1. Sections 10 -02(2) and 10.04 of the reg-
Wations) describe, with reference to supporting plans and calculations where necessary:
(a) The size, shape, type and location of the proposed work.
.rj Pz L) F, Z o
O a Gifu - �1112t5,5 ,
(b) Mitigating rneasures.and designs to insure that the proposed work will not after the resource area
which said Buffer Zone borders; or if it wilt alter said resource area, the mitigating measures and
designs proposed to meet the performance standard established for that resource area in Part If
or Part III of these regulations.
12. For work proposed within Land Subject to Flooding (as defined in Part III, Section 10.57(2) of the reg-
ulations) describe, with reference to supporting plans and calculations where necessary:
(a) The size, shape, type and location of the proposed work.
(b) Mitigating measures and designs prc
Section 10.57(4) of the regulations.
meet rformance standards set forth in Part 111,
1 hereby certify under the pains and penalties of perjury that tha foregoing Notice of Intent and accompanyin
Plans, documents and supporting data are true and complete, to the best of my knowledge,
Signature of AppC t C�
Signature of Applicant's Representative
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