35-189 r Issued 8y Northampton Conservation Commission
Signature(s)
This Order must b !signed by a majority of the C ervation Commission.
On this y of 19 before me
personalty appear to me known to be the
person described in and w o executed the foregoing instrument and acknowledged that he/she executed
qee as his/her free act and deed. CHRISTINE SKORUPSKI
NOTARY PUBLIC
� MY COMMISSION fiXT'IRBJ nTC�rtR�'.R t4. 1990
ublic 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 0eparanent
of Environmental Quaity Engineering to issue a Superseding Order,providing the request is made by certified malt or hand delivery to
the Department within tort days from the date of issuance of this Order.A copy of the request shay at Me some time be sent by certified
mail or hand delivery to the Conservation Commission and the applicant.
0•battaadott•dlin•anU submit Conservation Commission_�_
P�to eanrrr•ncemreM of work.
To Northampton Conservation Commission issuing Authority
Please be advised that the Order of Conditions for the project at
Re Nurnber 246-200 has been recorded at the Registry of Hampshire 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 is
It registered land, the document number which identifies this transaction is
Signature Aophizant
5-4A
^ DEQE File No. 246-200
Special Conditions (continued)
8) The Applicant shall notify the Conservation Commission, in writing, as to the data that work will be
commencing on the project. Said written notification mast be received by the Commission no sooner than
ten (10) days and no later than seven (7) days prior to the commencement of the approved activity.
9) (if checked) The Applicant shall complete and execute the attached A=ACBMF Z "A"/NOTICE OF POSSIBL
WETLANDS RESTR =ONS UNDER M.G.L. C. 131, S.40 relative to this project on this parcel
Said A=ACMH= "A" shall be attached to, become a part of, and shall be filed with this Order Of
Conditions at the Registry of Deeds. The Applicant shall return a copy of the completed and notarized
ATMACEIM "A" to the Conservation Commission when the bottom portion of Page 5-4A of this Order of
Conditions Of Conditions' is returned. M YES ( ) NO
10) The applicant shall place the line of hay bales adjacent to the stone banking (riprap) ,
not 10 to 15 feet away as shown on the original plan.
11) The construction of the riprap shall be done from the area above it, that is, from
the new driveway itself, not from the area below, which lies closer_to the stream on
the southerly boundary.
12) There shall be no alteration of the site on the southerly side of the hay bales, since
it lies further into the buffer zone.
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k
Plans:
ride Dated Signed and Stamped by: On File with:
Map ana plans for new May 8, 1988 Northampton office of
driveway--six sheets Planning & Development
SQecial Conditions (Use additional pager if necesmn:7)
1) All construction areas shall be restored to original condition or better upon completion of the project,
including vegetation;
2) No areas within the 100 year floodplain nor within 100 feet of a wetland area, as defined in Cbapter 131,
Section, M.G.L., shall be permissable disposal sites, unless otherwise approved by the Conservation
Commission;
3) Excavated material and topsoil stockpiles shall be located and stabilized so as to minim;?e washing into
wetland area or waterways;
4) Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas;
5)
This Order of Conditions shall apply to any successor in interest or successor in control;
6) Members and agents of the Conservation Commission shall have the right to enter and inspect the premises
to evaluate compliance with the Conditions and to require the submittal of any data deemed necessary by
the Commission for that evaluation;
7) (if checked) Upon completion of the project, the Applicant shall submit a statement ftXX2*XFZZX=
N3081b0ft that all worn has been done in conformance with the provisions of the approved Order of
Conditions.
(X3 YES ( ) Ila
......................................................................:........................................
(Leave Space BLink)
1 .
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t-
Therefore. the Conservation Commission hereby finds that the following conditions are
necessary,in accordance with the Performance Standards set forth in the regulations,to protect those inter-
ests checked above.The Conservation Commission orders that ad work shad be performed
in accordance with said conditions and with the Notice of Intent referenced above.To the extent that the fol-
lowing conditions modify or differ from the plans,specifications or other proposals submitted with the Notice
of Intent,the conditions 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 Crder 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-saws 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.
S. 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.
8. Any fill used in connection with this project shad be clean fill,containing no trash,refuse,rubbish or de-
bris,including but not limited to lumber,bricks,piaster,wire,lath,paper,cardboard,pipe,tires,ashes,
refrigerators,motor vehicles or parts of any of the foregoing.
T. No work shad be undertaken until ad administrative appeal periods from this Order have elapsed or,if
such an appeal has been filed,until ad proceedings before the Department have been completed.
8. No work shad be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain of title of the affected property.In the
case of recorded land the Final Order shad also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done.In the case of registered land,the
Final Crder shad also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done.The recording information shad be submitted to the Commission
on the forth at the end of this Order prior to commencement of the work
9. A sign shad be displayed at the site not less than two square feet or more than three square feet in size
bearing the words,"Massachusetts Department of Environmental Quality Engineering,
Fie Number 246- 200
10.Where the Department of Environmental Quality Engineering is requested to make a deterr it n and
to issue a Superseding Order, the Conservation Commission shad be a party to ad agency proceedings
and hearings before the Department.
11. Upon completion of the work described herein, the applicant shad forthwith request in writing that a
Certificate of Compliance be issued stating that the work has been satistactonly completed. : '
12.The work shad conform to the following plans and sped!conditions:
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.� �.. „f �
X14 �
r Form 5
,- -' OEQEFi 246-2.00
�. tANIFION- 01060 (To be pWded by 0EQE)
Commonwealth Qtw-rown orthampton
of Massachusetts John Lyons
` Applicant
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
From Northampton Conservation Commission
TO John & Judith Lyons same
(Name of Applicant) (Name of property owner)
Address 51 Sylvester Rd. , Northampton, MAAddress same
This Crder is issued and delivered as follows:
Q by hand delivery to applicant or representative on (date)
lid by certified mail,return receipt requested on June 14, 1988 (date)
This project is located a 51 Sylvester Rd. tParcel 189 of Sheet 35 of the Northampton Zoning
ana Assessor maps!
The property is recorded at the Registry of Hampshire
Book 2605 Page 179
Certificate(if registered)
The Notice of Intent for this project was filed on Mav 9, 1988 (date)
The public hearing was closed on May 23, 1988 (date)
Findings
The Northampton Conservation Commission has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project.Based on the information available to the
Conservation Commission at this time,the 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):
Q Public water supply Flood control Q Land containing shellfish
❑ Private water supply Storm damage prevention ❑ Fisheries
Q Ground water supply ❑ Prevention of pollution ❑ Protection of wildlife habitat
5-i
Effective 11/1/87