13-073 WPA Form 5 Corner of North King & Coles MeadowDEP File Number:
246 -521
Provided by DEP
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From:
Northampton
Conservation Commission
This issuance if for (check one):
® Order of Conditions
❑ Amended Order of Conditions
To: Applicant:
New England Deaconess Association
Name
80 Deaconess Road
Mailing Address
Concord MA 01742
City/Town State Zip Code
I. Project Location:
Property Owner (if different from applicant):
Name
Mailing Address
City/Town State Zip Code
Corner of North King Street & Coles Meadow Road Northampton
Street Address City/Town
Assessors Map /Plat Number 73
Parcel /Lot Number
2. Property recorded at the Registry of Deeds for:
Hampshire 1541
county Book 127
Page
(if registered land)
WPA Forth 5
Rev. 02/00
3. Dates:
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
See "Attachment A"
Title
Date
March 6, 2003 April 10, 2003
Date Notice of Intent Filed Date Public Hearin Closed April 16, 2003
Hearing Date of Issuance
5. Final Plans and Documents Signed and Stamped by:
_Kelly Killeen, P.E.
Name
6. Total Fee:
$500.00
(from Appendix B: Wetland Fee Transmittal Form)
Page 1 of 7
Findings pursuant to the Massachusetts Wetlands Protection Act:
WPA Forth 5
Rev. 02/00
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
❑ Land Containing Shellfish
❑ Fisheries
® Prevention of Pollution
® Protection of Wildlife Habitat
® Groundwater Supply
® Storm Damage Prevention
® Flood Control
Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. This Commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, these conditions shall control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. Therefore, work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures, which are
adequate to protect these interests, and a final Order of Conditions is issued.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project
may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient
information and includes measures, which are adequate to protect the Act's interests, and a final
Order of Conditions is issued. A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
General Conditions (only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
Page 2 of 7
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 Orderis 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 -521
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
Rev. 02100
Page 3 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (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):
For additional conditions see "A ttachment B"
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. 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.
Date
i1:22, 2003
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested) or h9d delivered to the applicant. A copy also must be mailed or
hand delivered at the same time to the appropriate Department of Environmental Protection Regional
Office (see,Appendix A and the property;owtler (if different from applicant).
t
Signatures:
f
It
On Tenth
Day Of April, 2003
Month and Year
before me personally appeared
the above -named �JIJJ ;'
ER S O�y'""',
to me known to be the person described in and who executed the foregoing Instrumerlt�d� ��� irz 4 acknowledged �-
that he /she executed the same as his /her free act and deed. = Q 4
Nota Public • �, `: ��.'♦ .w� q
My Commissidn Expires '�' a� ,..• :=
This Order is issued to the applicant as follows:
❑ by hand delivery on
® by certified mail, return receipt requested, on
Date
April 22, 2003
6a te
WPA Form 5
Date sent DEP: April 22, 2003
Rev. 02/00
Page 5 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
-----------------------------------------------
To:
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
Book
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book
Page
In accordance with the Order of Conditions issued on:
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 Forth 5
Rev. o2/oo
Page
Page 7 of 7
u
OWA
"ATTACHMENT A"
1 "Cover Sheet Rockridge at Laurel Park, North King Street, Northampt
MA" Sheet No. C1, prepared by Coler &
23, 2002. Colantonio, Inc., dated December
2 "Existing Conditions, Abutter & Zoning Plan, Rockridge at Laurel Park,
North King Street, on Northam t
Colantonio, Inc., dated March 6,2003" Sheet EC -1, prepared by Coler &
3. "Grading & Utilities Plan, Rockridge at Laurel Park, North
Northampton, MA." Sheets GU -1 — GU -4 r King Street,
Inc., dated March 6, 2003. ' p epared by Coler & Colantonio,
4. "Layout & Materials Plan, Rockridge at Laurel Park, North King Street,
Northampton, MA." Sheets L -1 L-4, prepared by Coler & Colantonio, Inc.,
dated March 6, 2003.
5. "Planting & Lighting Plan, Rockridge at Laurel Park, North King Street,
Northampton, MA." Sheets PL -1 — PL -3, prepared by Coler & Colantonio,
Inc., dated March 6, 2003.
6 • "Construction Details, Rockridge at Laurel Park, North King Street,
Northampton, MA." Sheets D 1- D5, prepared by Coler & Colantonio, Inc.,
dated March 6, 2003.
7 • "General Notes, Rockridge at Laurel Park, North King Street, Northampt
MA." Sheet GN -1, prepared by Coler & Colantonio, Inc., dated March 6,
2003.
8 . "Wetland Boundary Plan, Rockridge at Laurel Park" Sheet 1 of 1, prepared b
Coler & Colantonio, Inc., dated January 21, 2003. Y
"ATTACHMENT B"
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: # 39 & 40.
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.
PRE - CONSTRUCTION REQUIREMENTS:
25. The applicant shall notify the Commission, in writing, as to the date that the work will
commence on the project. Said notification must be received by the Commission no
sooner than (10) days and no later than five (5) days prior to the commencement of the
approved activity.
EROSION AND SEDIMENTATION CONTROL:
26. The erosion control barrier shall consist of polypropylene silt fencing and staked straw
bales and shall be trenched.
27. The erosion control barrier shall serve as the limit of work line.
28. The cutting of trees located within the right -of -way shall be allowed prior to the
installation of a siltation barrier as long as the stumps are not removed or unearthed.
29. All silt fencing and erosion controls shall be installed prior to removal of stumps and
shrubs within the right -of -way.
30 All excavated and stockpiled materials shall be located outside the wetland resource area
and 75 -foot buffer, and shall be stabilized with a silt fence to prevent erosion and
sedimentation into the buffer and resource area.
31. The erosion controls shall remain in place until all disturbed surfaces have been stabilized
with a vegetative cover and authorized by the Conservation Commission or their agent.
32. All vehicles and equipment shall be stored outside of the 100 -foot buffer at the close of
each workday.
WETLAND REPLICATION:
33. The wetland replication shall be as specified in the Notice of Intent.
34. A report of the success of re- vegetation activities shall be submitted to the Conservation
Commission, by a qualified wetlands scientist on the following schedule:
By: May 2004.
By: May 2005.
35. If more than 50% wetland vegetation has not been established after one growing season
(1 year), then additional plantings and/or changes to the wetland restoration plan shall be
submitted to the Conservation Commission for consideration and approval.
36. If more than 75% wetland vegetation has not been established after two growing seasons
(2 years), then additional plantings and/or changes to wetland restoration plan shall be
submitted to the Commission for consideration and approval.
37. At the time of requesting a Certificate of Compliance, the applicant must submit a
It Report" by a qualified individual, of work completed on the site, actions taken
during the replication and the rate of success of wetland replication.
POST CONSTRUCTION SUBMITTALS & WORK IN BUFFER ZONE:
38. If checked: [X] YES
Upon completion of the work covered by this Order, the applicant shall submit an as -buil t
Plan, signed and stamped by a registered professional engineer or land surveyor, to ether
with a written request for a Certificate of Compliance. g
The plan and written request shall specify any says that the completed project differs
from the plans referenced in the Order. The as-built plan shall include, at a minimum and
as applicable to the project: elevations of all pipe inverts and outlets, pipe sizes, materials
and slopes; all other drainage structures; limits of clearin
g, g c
rading, and fill; all strutures,
Pavement, and contours within 100 feet of wetland boundaries; all alterations within the
wetland resource areas; all wetland replication areas; and all dates of fieldwork.
39. Semi - annual inspection by a qualified person shall be made of all structural stormw ter
BMPIs (including catch basins, area drains, manholes, water quality inlets, detention
facility, outlet structures and swales) with reports submitted to the Commission no later
than May 15 of each year. Any repairs or cleaning shall be performed as necess
based on the inspections, cleaning to be performed at minimum of two times each ear
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with receipts provided to the Conservation Commission annually, no later than Ma 15
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40. The parking area must be swept a minimum of four times per year to achieve 10°
removal, at least once in the fall and spring prior to cleaning and inspection of catch SS
basins, with receipts provided to the Conservation Commission annually, no later than
May 15'.
41. The boardwalk shall be constructed without the use of pressure treated lumber.
42• The applicant shall promote the education and understanding of the detrimental i mpact s
of herbicides, pesticides on the adjacent wetlands to all potential users of the communit gardens and encourage the use of the natural slow release fertilizers.