36-071 (6) 7;
43. The water control devices and maintenance shall become part of the responsibility
of the subdivision homeowner's association at such time the remaining common
areas within the subdivision are turned over to a homeowner's association.
44. Placement of rocks at Burts Pitt Road culvert is not authorized in this order.
45. The fence along the stones will not be required until and unless it is evident that
beaver are beginning to build using this foundation.
NOTE: Condition# 15 states that this order shall apply to any successor in interest or
successor in control of the property subject to this Order. This clearly indicates that
future owners of the property must abide by this order, including condition#23
(ongoing).
7�
35. A temporary wire fence shall be placed in the downstream side of the newly
placed rocks to further encourage beaver to rebuild in this location.
36. The existing (natural) dam shall not be breached any earlier than April 1, 2002
and until Office of Planning &Development staff determines that the rocks and
fencing are in place and can hold back water and all requisite breaching permits
are obtained.
37. The applicant must report to the Commission if the beavers have not taken to the
new dam.
38. If the location of the road in the definitive subdivision plan is significantly
changed from the preliminary plan (five feet or more) location, the applicant must
come back to the Commission.
POST CONSTRUCTION SUBMITTALS:
39. Upon completion of the project, the Applicant shall submit a certification that all
work has been done in conformance with the provisions of the Order of
Conditions and requests a Certificate of Compliance.
If checked: [X] YES
Certification shall be by an Profession Engineer or by a Wetlands Consultant who
shall have been approved by the Commission.
If checked: [X] YES
40. 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.
41. The leveler and stream gauge shall be inspected monthly upon installation by
owner or successor in interest responsible for all subdivision maintenance
facilities (homeowners' association). All debris shall be removed from the intake
protection area.
42. Annual reports shall be submitted by the owner, or Homeowners' Association
upon transfer of property, to the Conservation Commission by July 1 indicating
that monthly inspections have been completed. This report shall include the water
levels observed during each monthly inspection. The Homeowners' Association
may request that annual reporting to the Commission cease if and only if
sufficient data is submitted to the Conservation Commission that indicates that the
Beaver have vacated the area.
24. Prior to the start of any site work, excavation or constriction, a preconstruction
conference shall be held on the site, between the contractor conducting the work,
the site/project engineer, the applicant, and a member or agent of the
Conservation Commission, in order to ensure that the requirements of this Order
are understood by all parties. Prior to the pre-construction meeting, all erosion
control devices must be installed, also.
PRE-CONSTRUCTION REQUIREMENTS:
25. The applicant shall notify the Commission, in writing, as to the date that the work
will commence on the project. Said notification must be received by the
Commission no sooner than (10) days and no later than five (5) days prior to the
commencement of the approved activity;
DURING ACTIVE CONSTRUCTION:
26. Rocks to be placed 18'-22' from the existing dam upon discretion of contractor.
27. The Clemson Leveler shall be installed at the time that the rocks are in place and
the final elevation of the pond shall be set at 262.9 feet (15" above the concrete
ford).
28. A water level gauge shall be installed and permanently maintained on the
upstream side of the rocks in a manner that provides easy visible access to record
the water levels.
29. A wetland scientist, acceptable to the Commission, and Office of Planning &
Development staff shall be present while the water levels are being lowered (at
the existing dam). Lowering the water level shall be conducted at the culvert,
only after the new dam structure is in place.
30. Office of Planning &Development staff and the wetland scientist shall agree to
the method and timing for lowering the elevation of the existing beaver dam by 6"
from the current level.
31. Prior to a change in the water level, notification and approval must be granted
from Division of Fisheries & Wildlife.
32. All lowering activities must cease by November 1, 2001.
33. If the new dam is not successful by November 1, 2001, the culvert must be closed
and normal conditions at the existing natural dam, must be maintained until at
least April 1, 2002.
34. No equipment shall be allowed in the resource area/pond and all rocks must be
placed from the road by reaching over the bank from the gravel road.
* AMENDED 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: Conditions 28, 41, 42 &43
* As agreed by Wzorek Family Investment Trust, Willard family and the
Northampton Conservation Commission on March 28, 2002.
Massachusetts Qepartment of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
246-494
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
To:
Northampton
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Off of Burts Pit Road 246-494
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Hampshire
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 Page 7 of 7
Rev.02/00
Massachusetts Qepartment of Environmental Protection DEP File Number:
�1 2 Bureau of Resource Protection -Wetlands 246-494
WPA Form 5 - Order of Conditions Provided by DEP—
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. 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.
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.
Northampton
Conservation Commission
WPA Form 5 Page 6 of 7
Rev.02100
Massachusetts Qepartment of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 246_494
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
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.
April 17, 2002
Date
This Order must be signed by a majority of the Conservation Commission. 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 (see Appendix A) and the prope y owner(if different from applicant).
Signatures:
i
On Twenty-eighth Of March, 2002
Day Month and Year
before me personally appeared
The above-named •• +•�
is to me known to be the person described in and who executed the foregoing instru,,i e jlfeiMlr ��r `
acknowledged that he/she executed the same as his/her free act and deed.
f
Notary Publi c M�Commission Expires ^ O�,��� '�►. 2
?d •.�.r+7itia �y+;��w
This Order is issued to the applicant as follows: °,�J ''•• �'t�`,.•`�..
❑ by hand delivery on ® by certified mail, return rec... ed,on
April 17, 2002 _
Date Date
Date sent to DEP: April 17, 2002
WPA Form 5 Page 5 of 7
Rev.02/00
Massachusetts Department of Environmental Protection DEP File Number:
?l 3 Bureau of Resource Protection - Wetlands 246-494
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
15. This Order of Conditions shall apply to any successor in interest or successor in control of the property
subject to this Order and to any contractor or other person performing work conditioned by this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls on
a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls it
may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
Special Conditions (use additional paper, if necessary):
See addition conditions "Attachment A"
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 Page 4 of 7
Rev.02100
Massachusetts Qepartment of Environmental Protection
DEP File Number:
} Bureau of Resource Protection - Wetlands 246-494
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, "MA DEP"]
"File Number 246-494 "
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 Page 3 of 7
Rev.02/00
Massachusetts Qepartment of Environmental Protection
DEP File Number:
I ,
Bureau of Resource Protection - Wetlands
246-494
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
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 ® Fisheries ® Protection of Wildlife Habitat
® Groundwater Supply ❑ Storm Damage Prevention ® Flood Control
Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth in
the wetlands regulations, to protect those interests checked above. This Commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with the
Notice of Intent, these conditions shall control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. Therefore, work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect these interests, and a final Order of Conditions is issued.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of
the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may
not go forward unless and until a revised Notice of Intent is submitted which provides sufficient
information and includes measures which are adequate to protect the Act's interests, and a final Order
of Conditions is issued. A description of the specific information which is lacking and why it is necessary
is attached to this Order as per 310 CMR 10.05(6)(c).
General Conditions (only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
WPA Form 5 Page 2 of 7
Rev.02100
F77 7 Massachusetts Qepartment of Environmental Protection �
DEP File Number:
6 Bureau of Resource Protection - Wetlands 246-494
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: ;
out forms on Northampton I -the computer, Conservation Commission I{
use only the nl i
tab key to This issuance if for(check one):
move your
cursor- do ® Order of Conditions T �
not use the
return key. ❑ Amended Order of Conditions
QTo Applicant: Property Owner(if different from applicant):
Wzorek Family Investment Trust
Name Name
emm
383 Westhampton Road _
Mailing Address Mailing Address
Florence MA 01062
City/Town State Zip Code City/Town State Zip Code
1. Project Location:
Off Burts Pit Road Northampton
Street Address City/Town
06 71
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Hampshire 5911 308
County Book Page
Certificate(if registered land)
3. Dates: Amended on March 28, 2002
September 20, 2001 October 11, 2001 October 1.8; 2001
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):
"Pond Area" submitted with the Notice of Intent, Section 9: Site Plans Sept. 2001
Title Date
5. Final Plans and Documents Signed and Stamped by:
Name
6. Total Fee:
$207.50
(from Appendix B:Wetland Fee Transmittal Form)
WPA Form 5 Page 1 of 7
Rev.02!00