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25C-12 + 25C-17 Tofino Northern Ave CondosImportant: When filling out forms on the computer, use only the tab key to move your cursor do not use the return key. wpaforrn5.doc rev. 2/27/08 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information 1. From: d. Mailing Address Hadley e. City /Town a. First Name c. Organization d. Mailing Address c. Book 7. Dates: Northampton Conservation Commission 2. This issuance is for (check one): a. Order of Conditions b. Amended Order of Conditions 3. To: Applicant: Tofino Associates, Inc. and Northern Avenue Homes, Inc. a. First Name c. Organization 31 Campus Plaza Road 4. Property Owner (if different from applicant): e. City /Town 5. Project Location: Latitude and Longitude, if known: Hampshire a. County Book 8428, Page 219 April 15, 2009 a. Date Notice of Intent Filed f. Additional Plan or Document Title D-5( b. Last Name MA f. State b. Last Name f. State g. Zip Code Northern Avenue Northampton a. Street Address b. City/Town 25C 12. 17 c. Assessors Map /Plat Number d. Parcel /Lot Number 246 -631 Mark Darnold and Michael Lui e: Scale MassDEP File Number: 111111111111M111 2009 00028315 Bk: 10024Pg: 283 Page 1 of 13 Recorded: 11/17/2009 12:10 PM 01035 g. Zip Code e:. Latitude f. Longitude 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): b. Certificate Number (if registered land) Book 8829, Page 341 d. Page August 27, 2009 :;'b..Date,.Public Hearing Closed September 16, 2009 c. Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Notice of Intent Plans for: North Street &`Northern Avenue Northampton, Massachusetts a. Plan Title The Berkshire Design Group, Inc. b. Prepared By C. Signed and Stamped by April 14, 2009 -June 15, 2009 Revisions July 13, 1"=20' 2009 Plant Schedule g. Date V Page 1 of 10 wpaform5.doc rev. 2/27/08 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. §40 B. Findings Denied because: 5. Bordering Vegetated Wetland 6. Land Under Waterbodies and Waterways 1. 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: a. Public Water Supply b. Land Containing Shellfish c. Prevention of Pollution f. Protection of Wildlife Habitat d. Private Water Supply e. Fisheries g. Groundwater Supply h. 0 Storm Damage Prevention i. Flood Control 2. This Commission hereby finds the project; :as proposedi is: (check one of the following boxes) Approved subject to: a. the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission Borders 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. Td 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. b. the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. 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. A description of the performance standards which the proposed work cannot meet is attached to this' Order. c. 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 revis'ed <: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:Orde,r,'asiper=310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. Buffer Zone Impacts: Shortest distanceb'etween'Iimit of project disturbance and 35 wetland boundary available) a. linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. Bank a. linear•feet b. linear feet a. square!feet b. Square feet a. square feet' e. c/y dredged' b:square feet f: c/y dredged it ..i`... MassDEP File Number: 246 -63.1 c. linear feet d. linear feet c. square feet d. square feet c. square feet d. square feet Page 2 of 10 wpaform5.doc rev. 2/27/08 Massachusetts Department of Environmentall Protection Bureau of Resource Protection Wetlands •.l WPA Form 5 Order of,Conditions Massachusetts Wetlands Protection `■ct:g:G: :I e. 131, §40 B. Findings (cont.) Resource Area 7. Bordering Land Subject to Flooding Cubic Feet Flood Storage 8. Isolated Land Subject to Flooding Cubic Feet Flood Storage 9. Riverfront area Sq ft within 100 ft Sq ft between 100 -200 ft 12. Barrier Beaches 13. Coastal Beaches 14. Coastal Dunes 15. Coastal Banks 16. Rocky Intertidal Shores 17. Salt Marshes 18. Land Under Salt Ponds 19. Land Containing Shellfish 20. Fish Runs 21. Land Subject to Coastal. Storm Flowage Proposed. Alteration a. square feet e. cubic feet a. square'feet b. square feet c. cubic feet a. total sg`: feet b: total sq. feet c. square feet,. feet g. square feet a. square feet b. square feet a. square feet a. square feet,: a. linear feet a. square :feet,, a. square!feet ;i a. square feet c. c/y dredged a. square feet a. c/y dredged a. square feet. MassDEP File Number: 246 -631 Permitted Proposed Permitted Alteration Replacement Replacement b''square feet c. square feet d. square feet f. cubic feet g. cubic feet h. cubic feet .,cubic feet h: :square feet i. square feet j. square feet Coastal Resource Area Irnpacts: Check all'tl of appl`y' below. (For Approvals Only) 10. Designated Port Areas Indicate size under Land Under the Ocean, below 11. Land Under the Ocean c. c/y dredged d. c/y dredged Indicate size under Coastal Beaches and /or Coastal Dunes below b, square feet quare feet b. linear feet .square feet b:-square feet b. square feet d. c/y dredged b. square feet c. square feet Indicate size under. Coastal Banks, inland Bank, Land Under the Ocean,' and /or i'nl'and `Land Under Waterbodies and Waterways, above ki: c/y dredged b. square feet e. cubic feet f. cubic feet e. square feet f. square feet c. c/y nourishmt. d. c/y nourishmt. c. c/y nourishmt. d. c/y nourishmt. c. square feet d. square feet d. square feet Page 3 of 10 wpaform5.doc rev. 2/27/08 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) MassDEP File Number: 246 -631 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. 4. The work authorized hereunder shall be three years from the date of this Order unless either of the following apply a. the work is a maintenance dred.ging'proje'ct as provided for in the Act; or b. the time for completion has been extended toa 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;'Or"der. 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, 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 vehicl.es,.orparts 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, "File Number "Massachusetts Department; of,Environrnental Protection" [or, "MassDEP 246 -631 Page 4 of 10 wpaform5.doc rev. 2/27/08 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of ,Conti tions Massachusetts Wetlands Protection Act M.G.L. c.,131, §40 MassDEP File Number: 246 -631 C. General Conditions Under Massachusetts Wetlands Protection Act 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 MassDEP. 11. Upon completion of the work described herein theapplicant 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 Cond'itio'n412 above shall require the applicant to inquire of the Conservation Commission in writing whether:,the;ch;ange 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 conditio'ns`stated in'this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any, successorin interest or successor in control of the property subject to this Order and to any contractor oi'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 iin 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 s ediments as needed. The applicant shall immediately control any erosion problems that occur at the site 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 s erve as the limit of work unless another limit of work line has been approved by this Order 18. The work associated with this Order is (i) is riot subject to the Massachusetts Stormwater Policy Standards. If the work is s ubject to the Stormwater Policy, the following conditions apply to this work and are incorporated into this Order: a) No work, including site preparation, land disturbance, construction and redevelopment, shall commence unless and until the construction period pollution prevention and erosion and sedimentation control plan required by Stormwate,r,Standard 8 is approved in writing by the issuing authority. Until the site is fully stabilized, cbnstruction period erosion, sedimentation and pollution control measures and best management ?practice's'(BMPs) shall be implemented in accordance with the construction period pollution prevention and =erosionand sedimentation control plan, and if applicable, the Stormwater Pollution Plan required. by the National Discharge Elimination System Construction General Permit. Page 5 of 10 wpaform5.doc rev. 2/27/08 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5- Orderof:conditions Massachusetts Wetlands Protection Act M G L c, 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) b) No stormwater runoff may be discharged 'to post-bonstruction stormwater BMPs until written approval is received from the issuing authority., To request written approval, the following must be submitted: illicit discharge compliance statement reqUied by Stormwater Standard 10 and as-built plans signed and stamped by a registered professional engineer certifying the site is fully stabilized; all construction period stormwater BMPs andany:illicit,discharges to the stormwater management system have been removed; and all post-construction stormwater BMPs were installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure they are not damaged and will function properly. c) Prior to requesting a Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall submit to the issuing authanty en Operation and Maintenance (0 M) Compliance Statement for the Stormwater,BMPS, This Statement shall identify the responsible party for implementing the Operation and Mainfen'ancerPlan.and also state that 1. "Future responsible parties shall be notified in writing of their continuing legal responsibility to operate and maintain the stormwater management BMPs and,imp,leMent,thep9)Iption Prevention Plan; and 2. The Operation and Maintenance Plan for the stormWater complete and will be implemented upon receipt of the Certificate." d) Post-construction pollution preventior- control shall be implemented in accordance with the long-term pollution prevention plan section :of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plati-sequired,by the National Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the issuing authority shall presume that the responsible party for maintaining each BIV10`i'S' of the property on which the BMP is located. To overcome this presumptiorG,:thelando■O)er of the property must submit to the issuing authority a legally binding agreement acceptable to the issuing authority evidencing that another entity has accepted responsibility for maintainiqgthe BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implem9nf6g the requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failurebf the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement s identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted, along with the legally binding agreement. f) The responsible party shall operate and rnaihtairi all stormwater BMPs in accordance with the design plans, the Operation and Mainterii6666 section of the approved Stormwater Report, and the Massachusetts Stormwater Handbook. g) The responsible party shall: 1 Maintain an operation and maintenance log for the last three years including inspections, repairs, replacement and dispo (for ,dispo;sal the log shall indicate the type of material and the disposal location);, 2. Make this log available to MassDEP: and ,the Conservation Commission upon request; and 3. Allow members and agents of thev'MaSsDEP,and the Conservation Commission to enter and inspect the premises to evaluate and ensure that the responsible party complies with the Operation and Maintenance requirements-for each BMP set forth in the Operations and Maintenance Plan approved by the 'issuing authority. h) All sediments or other contaminants from stormwater BMPs shall be disposed of in accordance with all applicable federal, state; and local laws and regulations. i) Illicit discharges to the stormwater rria'n'a as defined in 310 CMR 10.04 are prohibited. MassDEP File Number: 246-631 Page 6 of 10 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions Massachusetts Wetlands Protection Act M:G.L. c. 131, §40 C. General Conditions Under Massachu•setts'Wetlands Protection Act (cont.) j) The stormwater management systemf:approved' in,the Final Order of Conditions shall not be changed without the prior written approval; of the_issuing authority. Areas designated as qualifying pervious areas for purpose of the Low Impac(Site Design Credit shall not be altered without the prior written approval of the issuing authority.,.' k) Access for maintenance of stormwater BMPs "shall not be obstructed or blocked. Any fencing constructed around stormwater BMPs shall include access gates. Fence(s) shall be at least six inches above grade to allow for wildlife passage:,' Special Conditions (if you need more space'for additional conditions, please attach a text document): See "Attachment A" D. Findings Under Municipal Wetlands Bylaw or Ordinance t i 1. Is a municipal wetlands bylaw or ordinance applicable? Yes No 2. The Northampton 1. Municipal Ordinance or Bylaw Order of Conditions is issued. MassDEP File Number: 246 -631 hereby finds (check one that applies): Conservation Commission a. that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 2. Citation Therefore, work on this project may not go unless and until a revised Notice of Intent is submitted which provides measures'which are adequate to meet these standards, and a final b. that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Northampton Wetlands Ordinance Chapter 337 of the 1. Municipal Ordinance or Bylaw Code of Ordinances 3. The Commission orders that all work shelI beperformed in accordance with the following 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. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): See "Attachment A" wpaform5.doc rev. 2/27/08 Page 7 of 10 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions 2'ii/ I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special 5 r r zo q condition pursuant to General Conditions #4, from the date of issuance. 1. Date of Issuance Please indicate the number of members who will sign this form: This Order must be signed by a majority of the Conservation Commission. 2. Number of Signers The Order must be mailed by certified mail (return .receipt requested) or hand 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, if not filing electronically, and the property owner, if different from applicant. Notary Acknowledgement Commonwealth of Massachusetts County of On this Date Day Before me, the undersigned Notary Public, personally appeared proved to me throu•h satisfactory evidence of identification, which was /were Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he /she signed it voluntarily fo •ts stated purpos Norniim a As member of \\1111///, W G -4 c. co City /Town r aa��yy d.00.NW ANN 6 7 111 1110 Place notary seal and /or any stamp above This Order is issued to the applicant as follows: 11 by hand delivery on SEtiCiiiLea Avg Mon Year Mori Year VAyE Name of Document Signer Signatu -oar blic Printed Name of Notary Public alt. 19 2013 My Co mission Expi (Date) MassDEP File Number: Conservation Commission a by certified mail, return receipt requested, on svvxmihnseizA ?to/ Date wpaform5.doc rev. 2/27/08 Page 8 of 10 "ATTACIIMENT A" 19. Prior to the initiation of any work, the applicant /owner shall submit a letter of understanding to the Commission stating that. he /she has received, read, understands and shall comply with these Orders. The applicant, and, his or her contractor, foreman and /or construction manager shall sign the letter of understanding. 20. Prior to the initiation of any work, the applicant shall submit to the Commission a sequencing plan for construction, and erosion and sedimentation control installation. 21. Prior to the start of any site work, excavation or construction, a pre constriction 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 Coininission, in order to ensure that the requirements of this Order are tnderstood by all parties. Prior to the pre-construction meeting,- all erosion control devices must be installed. 22. All required permits must be obtained from the applicable federal, state and municipal agencies and departments prior to the start ofany.project. 23. A copy of this Order and associated plans:,shall renmam on site during all construction and /or building activities. The project manager aild.al1 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. 24. All revised plans, referenced within this Order.of Conditions, shall be approved by the Conservation Commission and incorporated the permit by reference and shall be followed during the course of construction.. 25. The areas of construction shall remain in.a stable condition at the close of each construction day. Erosion control measures shall be inspected at this time, and maintained or reinforced as necessary. All such devices shall be inspected, cleaned or replaced during construction and shall, remain in place until such time as stabilization of all areas that may impact resource areas is permanent. These devices shall also be inspected to assure that the maximum control has been provided. Any entrapped silt shall be removed to an area outside the buffer zone and resource areas, and maintained or reinforced as necessary. Erosion controls shall be,inspected after every rainfall to assure that maximum control has been provided. 26. An adequate stockpile of erosion control materials shall be on site at all times for emergency or routine replacement and shall. include materials to repair or replace silt fences, straw bales, erosion control blankets, riprap, filter berms or other devices planned for use during construction. 27. Soils exposed for periods greater than two iifontlis shall be stabilized with erosion control blankets and netting, a covering of straw mulch, or a.temporary cover of rye or other grass to prevent erosion and sedimentation. Drainage ditches shall be stabilized and seeded with a native perennial grass mixture., ;Any stabilization materials such as jute netting shall be firmly anchored to prevent diem from being washed from slopes by rain or flooding. Preference should be given to biodegradable materials. 28. All disturbed areas shall be graded, loaned and. seeded, or stabilized with erosion control blankets or netting, and a covering of straw mulch prior to November 30, of each year. No disturbed areas or stockpiled materials will be left unprotected or without erosion control after this date. 29. 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. 30. Ongoing conditions that shall not expire with the, issuance of a Certificate of Compliance are as follows: 32, 33, 34, 35,36, 37 40 31. Upon completion of the -work covered bythis, :Ordeer, 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, :?iny;ways, 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 strtiictuires limits of clearing, grading, and fill; all structures, pavement, and contours within 100 feet of wetland boundaries; all alterations within the wetland resource areas; and all dates of fieldwork. 32. 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 siiila' tine following: "This property is subject to the Northampton; Wetlands Ordinance and /or the Massachusetts Wetlands Protection Att. construction or major maintenance work performed on this property requires an Order of Conditions, and /or a Determination of Applicability from the. Northampton Conservation Commission. 33. The stormwater system shall be maintained in accordance with the Stormwater Management Permit issued by the Department of Public Works, the Operation and Maintenance Plan, and the Declaration of ;Covenants and Restrictions, Easements and Maintenance Agreements. Annual inspection reports shall be submitted to the Northampton Conservation Commission.b.y October 1 34. No snow shall be dumped or stockpiled within seventy -five feet of any wetland resource area. 35. The applicant is forbidden to use any lawn or garden chemicals on the site. An annual acknowledgement of this requirement shall be provided to the Conservation Commission by October 1st of each year. 36. The 35 -foot buffer zone to the bordering,vegetated wetlands shall be a No Disturb Zone unless otherwise authorized by the Northampton Conservation Commission. Permanent 4'x4' (minimuun) boulders shall be spaced 110 more than four feet apart, marking the 35- Foot Wetland Buffer No Disturb Area, and must remain in place in perpetuity. The boulders shall be placed along the 35 -Foot Buffer bf. wetland flags A2 -A5, W6 -W1 and A32 -A73 on the approved site plan. 37. The applicant shall contract with a qtr lified; person, approved by the. Conservation Commission, to annually inspect the 35 -foot :N.o, :Disturb Zone. The applicant shall provide Conservation Commission an annual ;inspection report of (1) the integrity of the permanent markers, (2) the condition of, the No Disturb Zone, including, but not limited to, any encroachment, erosion, destruction of vegetation, dumping of waste of any kind, including lawn clippings and other yard waste, and (3) whether any restoration is required. This report shall be submitted to -the. Conservation Commission by October 1st of each year. 38. Upon completion of construction activities; theapplicant shall provide the Northampton Conservation Commission with baseline documentation -:of the vegetation and site conditions of the 35' No- Disturb area. 39. Upon completion of construction activities, the, applicant shall provide the Northampton Conservation Commission with a five -year inivasive removal plan for the 35' No- disturb area. Invasive removal and inventory reports. shall`be submitted by October 1s` of each year. 40. The applicant shall use Ice Ban, Magic Mmus or an equivalent liquid deicing agent (not containing sodium chloride,) for routzne deicing on the roadways and paved sidewalks. The applicant reserves the right to use.a.commercially available sand mixture on the roadways and paved sidewalks that are uis'ed,as access from parking to dwelling units if in a particularly severe or icy weather condition the aforementioned product is not sufficient to permit safe vehicular and pedestrian, travel. The Northampton Conservation Commission shall be notified within twenty -four (24) hours of any application of a commercially available sand mixture. The applicant shall make an ongoing good faith effort to find ecologically benign deicing .solutions for all impervious surfaces. The applicant shall include a statement on alternative deicing efforts in the annual report. The Conservation Commission and DPW: shall be notified by the applicant where a violation of these requirements occurs. ATTEST: HAMPSHIRE,v Ylaiiumn c`.0 /E.,REGISTE MARIANNE L. DONOHUE Comments to the Northampton Conservation Commission Re: Tofino Condo Proposal Adam Cohen, 3/12/09 The total new impervious s face Tofino proposes to add to the capture area is 47,959 square feet. Only. 8% of the runoff from this new impervious surface is to be sent to the infiltration system. Berkshire Design says, "Due to high ground water and hydrologic group `C' soils throughout the site, infiltration... could only be achieved to the maximum extent practicable." I am concerned this is another sign that the intensity of the proposed development is too high for this site. If you accept this ratio, are you content to accept similar ratios for other projects in the future? eL_ Seasonal high groundwater is now reported to be just 14 -16" below the surface for test pits 1, 2, 3 and 4. Scientific studies we have provided to you suggest the removal of trees might cause groundwater to rise on the order of 8 inches. Scientists find that the transitional area between wetland and upland, such as where Tofino proposes to build, is especially vulnerable to hydrological changes. I request the Commission retain an independent expert to analyze this situation and determine if the condos or the stormwater mitigation system would be imperiled. There may also be impact on the ecology from the watering -up. One study noted, the clear -cut of riparian and other wetland vegetation may lead to ecosystem conversion, i.e., to the encroachment...of water tolerant or of shallow rooted invasive species." The new test pit data from Cold Spring appears to note the presence of fill at four locations on the property. I'd like to know if this is evidence that Tofino would be siting some condos on a filled wetland, which the 2004 Hazard Mitigation Plan says leads to problems with flooding and shifting foundations, and should be discouraged in order to protect health and safety. No seasonal high ground water estimates are provided for test pits 11 or 12 (the pits closest to the end of Northern Avenue). Tofino still claims it would own, operate and maintain the stormwater management system post construction. Would the condo association take over at some point? Tofino proposes to use "eco- friendly solutions throughout the site in place of standard de -icing materials." Tom Fenton, a member of our neighborhood, gave me the following comments on this: "One of their orders of conditions (proposed) was to not have any salt put on the roadways, just sand. As someone who has plowed for 30 years I can tell you that it is highly unlikely that any Landscape /plowing co. will use straight sand. Not only does straight sand tend to freeze up in a bulk pile from the moisture content but it will always freeze when it is in a sander. A minimum of 5 to 10% salt mix is required to keep the product from freezing. I can also tell you (from experience) that with the amount of traffic that will flow through there and the amount of winter sun those roads will receive that the roads will be an icy mess without salt." I would like the Commission to specify a snow and ice removal regime that will both ensure safety and avoid harming the wetland. Tofino promises to apply herbicide "over the years" to combat Japanese knotweed. Is Tofino committing to do this in perpetuity? In general, how much is all the stormwater maintenance, invasive species control, and specialty snow and ice removal going to cost? Would Tofino bill the condo association, and if so, is this something the condo owners could reasonably afford? In the brief you received from Michael Pill, he leans hard on promotion of infill in justifying his interpretation of the Wetlands Ordinance. Infill is regrettably not defined in the wetlands ordinance, but mainstream advocates of smart growth, such as the Urban Land Institute, will tell you that it's more than just mechanically placing buildings near the center of town. Here, for example, is how the Notre Dame School of Architecture defines "infill" in Envisioning Sustainable Northampton: "Infill: noun new development on land that had been previously developed, including most greyfield and brownfield sites and cleared land within urbanized area. verb- to develop such areas." (page G3) This definition is a poor fit with most of Tofino's land off North Street. This land is largely undeveloped and uncleared. Responsible sustainable infill should not be interpreted as a license to pave over a city's green infrastructure. I don't believe Tofino has justified its intense development of the wetland buffer zone between 35 and 50 feet. To put it another way, if you accept this as qualified infill, you leave the city vulnerable to future developments that will degrade our quality of life and violate the spirit of sustainability. And finally, Tofino has submitted a great deal of data in the four days or less before this hearing. It is unreasonable to expect the public to be able to obtain, analyze, and respond to this data in such a short amount of time. I would like to request that all subsequent data be submitted at least 7 and preferably 14 days before'any future hearings. Thank you.