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13-073 Rockridge Laurel Park Planning and WetlandsCOLER & COLANTONIO ENGINEERS AND SCIENTISTS October 14, 2003 Northampton Planning Board Northampton City Hall 210 Main Street Northampton, MA 01060 RE: Special Permit with Major Site Plan Approval Rockridge at Laurel Park Property of New England Deaconess Association 25 Coles Meadow Road Northampton, MA Dear Board Members: On behalf of our client, New England Deaconess Association, we provide the following inform 2003: ation relative to the conditions of approval contained in your decision on the referenced permit dated June 2, Condition No. 1: No comment necessary. Condition No. 2: The architect for the project has submitted a full fire- protection narrative to the Northampton Fire Department. Condition No. 3: No comment necessary. Condition No. 4: A 4' wide sidewalk along North King Street has been added to the project plans as specified. The plan has been supplied to the Massachusetts Highway Department as part of the Highway Access Permit application for the project, and a Wetlands Request for Determination of Applicability for the work has been filed with the Northampton Conservation Commission. The MHD has indicated that they find the proposed design acceptable, but their policy is to wait for the result of Conservation Commission action on the RDA prior to issuing their Highway permit. We anticipate being on the Conservation Commission agenda for their meeting on October 23 The drawing set contains a new sheet after the Planting and Lighting plans entitled "Site Plan" that shows the layout of the proposed sidewalk. Condition No. 5: A holding tank and pump system to provide off -peak discharge of additional sanitary sewage flows to the municipal system has been added to the project plans. This proposed system has received approval from the Sanitary Sewer division of the Department of Public Works, and an application is in process for a sewer connection permit from the Massachusetts Department 55 Bobala Road 413 313 -0100 Holyoke, MA 01040 Fax: 413 313 -0190 10 recycled paper of Environmental Protection, Division of Water Pollution Control. The details associated with the construction of this system have been added to the plan set. Condition No. 6: Project site plans have been revised to show the following information: a. Details and specification for thrust block installation at all water main bends and junctions. b. Type and size of water mains proposed in the project have been called out on the plans. c. Flow direction arrows have been added to the proposed drain lines. d & e. As a result of several meetings with the superintendent of the Water Supply division of the Northampton Department of Public Works and the assistant City Engineer, we have arrived at an acceptable proposal for the construction of the municipal water supply to serve the facility. Condition No. 7: This condition requires that all vegetation beyond a line ten feet west of the proposed cottage access drive be retained or replaced if damaged during construction. As indicated on the project plans, grading for the driveway will require clearing of existing vegetation in varying amounts up to thirty feet from the edge of the driveway. It would be difficult to avoid this result without the construction of a retaining wall or similar installation. As also indicated on the plans, the disturbed area will be replanted with a combination of large shade trees, small flowering trees, and evergreen shrubs. We respectfully request a modification to this Condition No. 7 to allow for the construction as detailed on the plans and as described above. Condition No. 8: Subsequent to the public hearing on the project, considerable effort has gone into the fine- tuning of the proposed site lighting. Recommended minimum light levels of the Illuminating Engineering Society of North America are 0.4 fc for light -duty residential drives and 0.5 fc for walkways not adjacent to a roadway. We are designing for minimum light levels of 0.5 -1.0 fc along the site roadways and 1 -2 fc along the pathways and garden terrace. These levels are a bit higher than the IESNA levels out consideration of the primary usage of the site by the elderly. There will always be bright spots under the individual fixtures in order to provide the desired minimum level between the fixtures. Complying with the maximum of 3 foot - candles as specified in Condition No. 8 would be nearly impossible without the installation of hundreds of low - wattage lights at very close intervals across the site, which is not practical from either an aesthetic or economic standpoint. All of the proposed fixtures are cutoff —type, so that there will be no light trespass onto abutting properties and minimal sky lighting, all in all a very subdued lighting scheme. We therefore respectfully request a modification to Condition No. 8 to allow for an average light level of 3 fc. (The maximum level as shown on the enclosed photometric plan is 5.9 fc along the walkways and 4.7 fc at the drives and parking areas, and the minimums are 0.4 fc at the pathways and 0.2 fc at the roadways.) recycled paper We enclose two copies of revised site plans for the proposed project for your files. The revisions include the responses to the conditions of approval as outlined above plus revisions made in response to review comments received from the Northampton DPW on the site plans as originally filed (several of the DPW and Planning Board comments refer to the same issue). A copy of our May 9 cover letter to the DPW describing the revisions is enclosed. Please contact this office if you have any questions or require additional information. Very truly yours COLER & COLANTONIO, INC. ENGINEERS AND SCIENTISTS David M. Thompson, Jr Project Manager Cc: New England Deaconess Association Northampton Dept. of Public Works Encl. recycled paper BK 012 4 I PG C;�9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 246 -521 y WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling From: 111111111111miI 1111111 N I IIIIII out forms on Northampton the computer Conservation Commission 13 k: 7241 Pg: 149 Page: 1 of 11 use only the Recorded: 06/06/2003 06:48 AM tab key to This issuance if for (check one): move your cursor - do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions VQ To: Applicant: Property Owner (if different from applicant): New England Deaconess Association Name Name 80 Deaconess Road Mailing Address Mailing Address Concord MA 01742 City/Town State Zip Code City/Town State Zip Code 1. Project Location: Corner of North King Street & Coles Meadow Road Northampton Street Address City/Town 13 73 Assessors Map /Plat Number Parcel /Lot Number 2. Property recorded at the Registry of Deeds for: Hampshire 1541 127 County Book Page Certificate (if registered land) 3. Dates: March 6, 2003 April 10, 2003 April 16, 2003 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): See "Attachment A" Title Date 5. Final Plans and Documents Signed and Stamped by: Kelly Killeen, P.E. Name 6. Total Fee: $500.00 (from Appendix B: Wetiand Fee Transmittal Form) WPA Form 5 Rev. 02/00 SC rwd Digitized Paae 1 of 7 Checked Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above - referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ❑ Private Water Supply ® Groundwater Supply ❑ Fisheries ® Storm Damage Prevention ® Protection of Wildlife Habitat ® Flood Control Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures, which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures, which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the 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. WPA Form 5 Rev. 02100 Page 2 of 7 BK 012 4 1 PG 15 1 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 246 -521 Y WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, VA DEP "] "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 Form 5 Rev. 02100 Page 3 of 7 BK0124 1 PG 1 52 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 246 -521 u WPA Form 5 - Order of Conditions Provided by DEP n 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 "Attachment 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 Form 5 Rev. 02/00 Page 4 of 7 B. Findings (cont.) WPA Form 5 Rev. 02/00 Additional conditions relating to municipal ordinance or bylaw: 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 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 h d delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the ap o riate Department of Environmental Protection Regional Office (s Appendix 7and th e property w er (if different from applicant). Signat es: On Te nth Day before me personally appeared R --.& Of April, 2003 Month and Year .•.tttllNi?t the above -named tr 2 l 0 4 to me known to be the person described in and who executed the foregoing instrumel�t'�� 'j` • L acknowledged that he /she executed the same as his /her free act and deed. . Q 1� ' -i A ��// • �, 9 _m _+ Nota Public MyCommissi n Expires •.;» �\` This Order is issued to the applicant as follows: ❑ by hand delivery on ® by certified mail, return receipt requested, on Date Apri 22, 2003 Date Date sent to DEP: April 22, 2003 Page 5 of 7 The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he /she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Conservation Commission WPA Form 5 Rev. 02/00 Page 6 of 7 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 Page 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 Form 5 Rev. 02/00 Page 7 of 7 BK "ATTACHMENT A" "Cover Sheet Rockridge at Laurel Park, North King Street, Northampton, MA" Sheet No. C1, prepared by Coler & Colantonio, Inc., dated December 23, 2002. 2. "Existing Conditions, Abutter & Zoning Plan, Rockridge at Laurel Park, North King Street, Northampton, MA" Sheet EC -1, prepared by Coler & Colantonio, Inc., dated March 6, 2003. 3. "Grading & Utilities Plan, Rockridge at Laurel Park, North King Street, Northampton, MA." Sheets GU -1 — GU -4, prepared by Coler & Colantonio, Inc., dated March 6, 2003. 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 D1- D5, prepared by Coler & Colantonio, Inc., dated March 6, 2003. 7. "General Notes, Rockridge at Laurel Park, North King Street, Northampton, 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 by Coler & Colantonio, Inc., dated January 21, 2003. BK 012 4 1 PG 1 51 "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 areas 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. Bic0124 1 PG 1 58 ' 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 X0124 1 PG 1 59 (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 "Summary 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-built plan, signed and stamped by a registered professional engineer or land surveyor, together with a written request for a Certificate of Compliance. The plan and written request shall specify any ways 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 clearing, grading, and fill; all structures, 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 stormwater BMP's (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 necessary, based on the inspections, cleaning to be performed at minimum of two times each year, with receipts provided to the Conservation Commission annually, no later than May 15 40. The parking area must be swept a minimum of four times per year to achieve 10% TSS removal, at least once in the fall and spring prior to cleaning and inspection of catch basins, with receipts provided to the Conservation Commission annually, no later than May 15 th . 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 impacts of herbicides, pesticides on the adjacent wetlands to all potential users of the community gardens and encourage the use of the natural slow release fertilizers. ATTEST. HAMPSHIRE, D'OI, a&,_ , QISTRR MA AIM L. DONOHUE