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36-072 (7) ' . Issued By No r t h am o r o n Conservation Comrtus&lon Signature{sue C1 2 t ¢ �� 'L�, _ 1=�,�-�� This Order must be signed by a majority of the Conservation Commission. On this. /�� day of ���� 18 F 7 ,before me R��p�6�,. l &o-n5 personally appeared �� m�/-2D- F��; �G n r�u-t n - ,to me known to be the person described In and who executed the foregoing Instrument and acknowledged that he/she executed the same as his/her free art and deed. Notary Public My commis on expires The applicant,the owner,any person aggrieved by this Order,any owner of tend 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 Ia located are hereby notified of their right to request the Department of Environmental Quality Engineering to issue a Superseding Order,providing the request Is made by certified mail or hand deUvery to the Department within ten days from the date of Issuance of this Order.A copy of the request shalt at the same tine be sent by certified mad or hand delivery to the Conawvatlon Cortxnlssion and the applicant. Detach on dotted line and submit to the Northampton Conservation Cnmmi s s i onrior to commencement of work. To Northampton Conservation Commission Issuing Authority Please be advised that the Order o(Condltions for the project at File Number 246— has been recorded at the Registry of Deeds HamT P t'rn to r _ and has been noted in the chain of title of the affected property In accordance with General Condition 8 on 18 If recorded land, the instrument number which identifies this transaction is If registered Land, the document number which identifies this transaction is Signature Applicant 5-4A f DEQE File No. 246-170 Cadorette Special Conditions (continued) 8) Site # 2 is the preferred site, and Site #1 is an exceptable alternative but may only be used if the Northampton Zoning Board of Appeals prohibits the plcaemetn of the structure on Site #2;' 9) Within the 100 foot Buffer Zone on the site, the finished dirt floor of the Arena shall be at the same grade and elevation as the existing grade and elevation; 10) No additional fill may be placed within the 100 foot Buffer Zone on the site; 11) The building shall be constructed so as not to be "flood proofed" (if the area should flood then flood waters should have the ability to flow freely through the building) ; 12) A row of hay bales shall be placed between the disturbed areas and the wetland area sufficient to prevent silt from eroding into the wetland area area. A Sediment Control Check Dam shall be constructed at the point where the low point (off of the northwesterly side of the proposed structure) directs run—off into the wetland area. All hay bales shall be staked such that the individual strands of hay are perpendicular to the ground, and all stakes thall be flush with the tops of the bales; 13) Energy dissapators shall be placed at the outfalls of all roof gutter downspouts so as to reduce the velocity of the flows; 14) No manure may be stored within the 100 foot Buffer Zone on the site; 15) All hay bales must remain in place until the reseeded areas are sufficiently stabilized. 5-3B Plans: — Title Dated Signed and Stamped by: On File with: SITE PLAN prepared Rev. May 11, 1987 Harold L. Eaton N'ton Consv. Comm. & for Laurence '& Mary —5E--QE Western Reg. Office Sheehan Cadoratte Special Conditions(Use additional paper if necessary) 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 Chapter 131 , Section 40, 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 minimize washing into wetland areas or waterways; 4) Adeauate 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 contro l 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 from the Project Engineer that all work has been done in con- formance with the provisions of the approved Order of Conditions. ( ) YES (g) NO ... ............. ..................................................................................................................................................................... (Leave Space 81ank) 5-3A 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 Con s ervat ion Co=issinn orders that all work shall 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 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, by-laws 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. 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, containing no trash, refuse,rubbish or de- +_ bris, including but not limited to lumber,bricks, plaster,wire, lath, paper, cardboard, pipe,tires,ashes, refrigerators,motor Ji�hicles or parts of any of the foregoing. 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or,if such an appeal has been filed, until all proceedings before the Department have been completed. 8. No work shall 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 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 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 to be done.The recording information shall be submitted to the rnrrni s s i^n on the form at the end of this Order prior to commencement of the work. 9. A sign shall 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, File Number 246- 170 ". 10. Where the Department of Environmental Ouality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all.agency proceedings and hearings before the Department. 1 1. Upon completion of the work described herein,the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12.The work shall conform to the following plans and special conditions: 5-2 x YAM 3 - - Z Form 5 DEQE File No. 246- 170 OaZ 13 u' (To be provided by DEQE) Commonwealth ' 3 x' CitylTown Northampton of Massachusetts { Applicant Cadorette /.?. pEpC,OF BtliLDMG 1N5PECT1043 N09HAMpTON,MA.01064 Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 From_ the Northampton Conservation Commission To Laurence & Mary Sheehan Cadorette Thmmns & T,;11 ;an Mirnndn (Name of Applicant) (Name of property owner) Address Chestnut Hill Rd, Montague Address_ 417 Westhampton Rd. _ Nnrthamntnn This Order:s issued and delivered as follows: ❑ Eby hand delivery to applicant or representative on (date) ® by certified mail,return receipt requested on May 1 9, 1987 (p 525 163 psi S3) (date) This project is located at 417 Westhampton Rd. , Northampton, MA The property is recorded at the Registry of Deeds, Hampshire County Book Portion of 2259 Page 350 Certificate(if registered) The Notice of Intent for this project was filed on 4j2?187 (date) The public hearing was closed on 5/11/87 (date) Findings The Northampton Canseruat-ion rnmmissi= 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 atthistime, 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): ❑ Public water supply ® Storm damage prevention ❑ Private water supply ❑ Prevention of pollution [2 Ground water supply ❑ land containing shellfish 9 Flood control ❑ Fisheries 5.1