36-155 (5) J
EROSION AND SEDIMENTATION CONTROL:
.,:
25. Erosion control barrier shall be trenched filter fabric, located as showrn o; plan "Sketch of
Land in Northampton, Massachusetts Prepared for.Tames Durios" ley Associates,
dated 5/7/2003.
26. Erosion control barrier shall serve as the limit of work line.
27. Any entrapped silt and sediment shall be removed from the slit fence daily and disposed of
properly.
28. The erosion controls shall remain in place until all disturbed sup faces hay been stabilized
with vegetative cover and the Conservation 'Conmussion or its agent !!as ,1athorized their
removal.
DURING ACTIVE CONSTRUCTION:
29. All materials excavated from the site shall be disposed of properly, outsk',,: of the floodplain
and any wetland resource or buffer zone.
30. Concrete pad behind the garage shall be removed and the area planted with native vegetation.
POST CONSTRUCTION SUBMITTALS:
31. Upon completion of the project, the Applicant shall submit a certiicatio, that all work has
been done in conformance with the provisions ol'this Order and request a
Certificate of Compliance.
"ATT A C LI1/1ENT A"
18. The owner of the property described in this Order must ad,:ise an Dui mtial buyer of the
property that any construction or alteration to said property, inci Lid in�� knish cutting or
clearance, may require approval by the Northampton Conservation C ;nunission.
Any instrument conveying any or all of the owners' Laterest in said property or any portion
thereof, shall contain language similar to the following:
"This property is subject to the Northampton Wetlands I=_otection
Ordinance and/or Wetlands Protection Act. Any coast aac�ion or
maintenance work performed on this property requires nn Order of
Conditions, and/or a Determination of Applicailiiit , 1 =_lie 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 ivw-i� is occurring on
site.
20. All required permits must be obtained from the Anny Corp of Engincers (Section 404,
Water Quality Certification), Planning Board, Zoning Bo._lyd, ient of Public
Works, or Building Inspector prior to the start ofprojects invol�:�ing f_;i1 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 w:thin 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 - Chap-Ler 24;
22. All revised plans, referenced within this Order of Conditions, shad i bd• approved by the
Conservation Commission and incorporated into this Order by r eferer,ce and shall be
followed during the course of construction.
23. Ongoing conditions that shall not expire with the issuance of a Certi;;cate of Compliance
areas follows: NA
24. Prior to the start of any site work, excavation or construction, a preconstruction
conference shall be held on the site, between the contractor coi-.ducti:,:�,, the work, the
site/project engineer, the applicant, and a mennber or agent of the Coi,:servation
Commission, in order to ensure that the requirements of this Grder are understood by all
parties. Prior to the pre-construction mecting, all erosion f,onlr�i ;_ie,- .es must be
installed, also.
Massachusetts Department of Environmental
• Bureau of Resource Protection - Wetlands DEP File Number:
WPA Fora 5 - Order o Condit. 246-527
�
Provided by DEP
L\ Massachusetts Wetlands Protection act M.G.L. c. 1:D1 , �'.
D. Recording Information (cone.)
Detach on dotted line, have stamped by the Registry of Deeds ana submit tc r.e 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
Signature of Applicant
Wpaform5.doc•rev.12/15/00 Page 7 of 7
Massachusetts Department of Environmental : _.,
DEP File Number:
Bureau of Resource Protection - Wetlands
W PA Form 5 — order 01j �o n i L ,., 246-527
y Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 1 �
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 laid is located, are hereby notified of
their right to request the appropriate DEP Regional Office to Issue a CS up=rs-ding 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'his Order. A copy of the request
shall at the same time be sent by certified mail or hand delivery .c the C,;,ns. rvation Commission and to
the applicant, if he/she is not the appellant.
The request shall state clearly and concisely the objections to the Craer ,vhich 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 ti,e -and Court for the district in
which the land is located, within the chain of title of the affected property. it i -he case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the . a ie of the owner of the land
subject to the Order. In the case of registered land, this Order small also be ,,oted 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.
Conservation Commission
Wpaform5.doc•rev,12/15/00 Page 6 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
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.
Se#�teuvLber 20
ate
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 property owner(if different from applicant).
Signatures: f'
IZJ/
On this 28th day Of August, 2003
Day Month and Year SO
H
before me personally appeared Q: V.IVI
the above-named
to me known to be the person described in and who executed the foregoing instru ., k +�41` � �`��Y
acknowledged that he/she executed the same as his/her free act and deed.
q-n 09
! _- -—
Nota Public My mmissi n Expires
This Order is issued to the applicant as follows:
❑ by hand delivery on by certified mail, return receipt requested, on
(.�3 ��e,�.__X03
Date Date
Wpaform5.doc•rev.12/15/00 Page 5 of 7
Massachusetts Department of Environmental r rcc v
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Fora 5 - Order of Conditcas 246-527
Massachusetts Wetlands Protection Act M.G.L. c. ^''i, =0 Provided by DEP
B. Findings (cont.)
15. This Order of Conditions shall apply to any successor in interest s.:cc ssor in control of the
property subject to this Order and to any contractor or other person perrorming work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a 1Eordering 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 Gil 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 T'�e 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 2',,-,d/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.
Additional Conditions:
See "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:
Municipal Ordinance or Bylaw Citation
Therefore, work on this project may not go forward unless and ,riil �wised 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 i unicipal ordinance or bylaw,
specifically:
Municipal Ordinance or Bylaw Citation
The Commission orders that all work shall be performed in accoraa! ce ;vith the said additional
conditions and with the Notice of Intent referenced above. To the exte[1,7 That the following conditions
modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,
the conditions shall control.
Wpaform5.doc•rev.12/15/00 Page 4 of 7
Massachusetts Department of Environmental P6 6 ro-.
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Fortes 5 — Order of Condit ,%-;-_..Z-; 246-527
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 1'31 , v
B. Findings (cont.)
4. The work authorized hereunder shall be completed within three years frc;m 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 ,o the expiraaion date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill s. all 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 them has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is Iccated, within the chain of title
of the affected property. In the case of recorded land, the Final Order stall also be noted in the
Registry's Grantor Index under the name of the owner of the land u pon which the proposed work is to
be done. In the case of the registered land, the Final Order small also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposea :pork is done. The recording
information shall be submitted to this Conservation Commission on ti e corm at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the col mencement 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 246-527 "
10. Where the Department of Environmental Protection is requester to iSSL:e a Superseding Order, the
Conservation Commission shall be a party to all agency pruceeu,i ,gs _;r.ca hearings before DEP.
11. Upon completion of the work described herein, the applicant shall sl-bn lit 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 ;h2 Derartment of Environmental
Protection shall have the right to enter and inspect the area Dui iCct s Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, L ri-c rr,at require the submittal of any
data deemed necessary by the Conservation Commission or Depart ,e,-,t for that evaluation.
Wpaform5.doc•rev.12/15/00 Page 3 of 7
Massachusetts Department of Environmental Prctecwic,
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditi S, 246-527
Massachusetts Wetlands Protection Act M.G.L. c. 131 , X40 Provided by DEP
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on .he 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. f herefore, 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, byiavvs, or regulations.
Wpaform5.doc•rev.12/15/00 Page 2 of 7
Ll 131Massachusetts Department of Environmental Protect sC,,,
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 — Order of 246-527
Condific;,--nc
,A "' Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. §40
A. General Information
Important: r,? n �V
From.-
When filling L9
out forms on Northampton
the computer, Conservation Commission
Q
use only the 6
tab key to This issuance if for(check one).-
move your
PF7� OF F111 I,1NSP ECT1r)
cursor-do Order of Conditions NW 'Ns
not use the
return key. ❑ Amended Order of Conditions
To: Applicant: Property Owner (if different from applicant):
James Dimas
Name Name
75 Pomeroy Terrace
Mailing Address Mailing-Address
Northampton MA 01060
City/Town State Zip Code City/Town State Zip Code
1. Project Location:
Northampton
'Street Address City/Town
,K-1 MWIPlat Number
2. Property recorded at the Registry of Deeds for:
Hampshire
County Book Page
Certificate(if registered land)
3. Dates:
May 15, 2003 August 28, 2003 September 17, 2003
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):
"Sketch of Land in Northampton, Massachusetts Prepared for James Dimas" 6/11103
Title Date
Title Date
Title Date
5. Final Plans and Documents Signed and Stamped by:
Paul Lussier, Registered Professional Land Surveyor
Name
6. Total Fee:
$125.00
(from Appendix B:Wetland Fee Transmittal Form)
Wpaform5.doc•rev.12/15100 Page 1 of 7