35-264 (9) p. 10
Feb 22 05 02:58p
"ATTACHMENT A"
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:NA
24. Prior to the start of any site work, excavation or construction, a pre-construction
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.
Feb 22 05 02: 58p P•9
L'I Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP Fife Number.
WPA Form 5 - order of Conditions _246-556
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
And the Northampton Wetlands Protection Ordinance— Chapter 24
Signature of Applicant _
wpeform5:doe•rev.2118/05
Page 9 of 8
P.
Feb 22 05 02:58p
Massachusetts Department of Environmental Protection
�\ Bureau of Resource Protection -Wetlands DEP File Number.
,t WPA Form 5 -- Order of Conditions 246-556
I
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
And the Northampton Wetlands Protection Ordinance—Chapter 24
G. 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 this form shall be submitted to the Conservation Commission listed below.
Northampton Conservation Commission
Conservation Commission
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
wpatorm5.doe-rov.2/18105 Page 8 of 8
p.7
Feb 22 05 02: 57p
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 246-T!54
t Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
And the Northampton Wetlands Protection Ordinance—Chapter 24
E. Issuance (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of Hampshire
I 01*S {,7- '? v os
On this . Day of Month Year
Before me,the undersigned Notary Public, personally appeared
Name of Document Signer
proved to me through satisfactory evidence of identification,which was/were
Personal knowledge
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 for its stated purpose.
As member of Northampton Conservation Commission
`\\11 I I r!CitylTovm
M•
a :Coy .Q .Z: Signature of Notary Public
* ���i<,. — lil/���� /s'i• /fit_"•�p�
\ Printed Name of Notary Public
i �D�T9HY ?V0�\0
�P&I J\\��
CHUS Place notary eal and/or an s1`amp above pe-�E~y��
ry y My Commission Expires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on ❑ by certified mail,return receipt requested,on
Date Date
F. Appeals
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.
wpaform5.doc•rev.2110/05 Pape 7 of 8
Feb 22 05 02:57p p.6
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 — Order of Conditions 246-5%
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
And the Northampton Wetlands Protection Ordinance—Chapter 24
D. Findings Under Municipal Wetlands Bylaw or Ordinance
t. Furthermore,the Northampton hereby finds(check one that applies):
Conservation Commission
2. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a.Municipal Ordinance or Bylaw b.Citation
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.
3. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw: Code of Ordinances
Northampton Wetlands Protection Ordinance Chapter 24
a.Municipal Ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed 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.
s you need more c. The special conditions relating to municipal ordinance or law are as follows:
space for p g p y
additional See"Attachment A"
conditions,
select box to
attach a text
document
E. issuance
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions*4,fr 9m the date of issuance.
1.Date of issu nce
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 o filing electrgrtie (see Appendix A), and the property
owner, if different from a cant. S
1
Sign s: `
t
wp&orm5.doc•rev.271=5 Pegs 6 of 8
Feb 22 05 02: 57p P• 5
Massachusetts Department of Envlronmental Protection
1
Bureau of Resource Protection -Wetlands DEP File Number:
1, WPA Form 5 - Order of Conditions 246-556
` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
And the Northampton Wetlands Protection Ordinance—Chapter 24
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 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.
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:
If you need more See"Attachment A"for additional conditions based on Massachusetts Department of Environmental
space for Protection comments
additional -
conditions,
select box to
attach a text
document ❑
wpaform5.doc•rev 2122105 Page 5 of 8
Feb 22 05 02: 57p p- 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 246-556
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
And the Northampton Wetlands Protection Ordinance—Chapter 24
20. ❑ Land Subject to
Coastal Storm Flowage a.square feet b.square feet
C. General Conditions Under Massachusetts Wetlands Protection Act
(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.
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, "MA DEP"]
"File Number 246-556 "
%vpafarm5.aac• rev.2118105 Page 4 a18
Feb 22 05 02: 57p p•3
Massachusetts Department of Environmental Protection
�--- Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 246-556
` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
And the Northampton Wetlands Protection Ordinance—Chapter 24
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
6. ❑ Bordering Land Subject
to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood
Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
7. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood
Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
a. ® Riverfront area 9,880 existing
and addition b.total sq.feet
Sq ft within 100 ft 5,655 existing
and addition d.square feet
Sq ft between 100-200 ft 4.225 existing
e.square feet f.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
s. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
1o. ❑ Land Under the
Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
12. ❑ Coastal Beaches a.square feet b.square feet c.cly nourishmt. d.c!y nourishmt.
13. ❑ Coastal Dunes a.square feet b.square feet c.Gy nourishmt. d.c/y nourishrnt
14. ❑ Coastal Banks a.linear feet b.—linear feet
15. ❑ Rocky Intertidal
Shores a.square feet b.square feet
is. ❑ Salt Marshes a.square feet b,square feet c.square feet d.square feet
17. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
18. ❑ Land Containing
Shellfish a.square feet b.square feet c,square feet d,square feet
19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.cu.yd dredged b.cu.yd dredged
wpaform5.doc• rev.211 W05 Page 3 of 8 '
Feb 22 05 02: 56p p. 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 246-556
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
And the Northampton Wetlands Protection Ordinance—Chapter 24
A. General Information
Important: Northampton Conservation Commission
When filling From: 1.Conservation Commission
out forms on
the computer, 2.This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions
use only the
tab key to 3.To: Applicant:
move your
cursor-do not Anita and James Durfer
use the return a.First Name b.Last Name c.Company
key. 49 West Parsons Lane
d.Mailing Address
m Florence MA 01062
e.City/rown f.State g.Zip Code
4. Property Owner(if different from applicant):
a.First Name b.Last Name c.Company
d.Mailing Address
e.City/Town f.State g Zip Code
5. Project Location:
49 West Parsons Lane Northampton
a.Street Address b.City/Town
35 264
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known (note:
electronic filers will click for GIS locator): e.Latitude f.Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Hampshire _
a.County b.Certificate(if registered land)
05802 301
c.Book d.Page
7. Dates: 12/27/2004 02/10/2005 02/18/2005
a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance
s. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
a.Plan Title
b.Prepared By c.Signed and Stamped by
d.Final Revision Date e.Scale
f.Additional Plan or Document Title g.Date
s. Total WPA Fee Paid: $270.00 $70.00 $200.00
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpafcnr5.doc•rev.211 SW Page 1 of 8