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♦ Land Surveying
tVKA ♦ Civil Engineering
♦ Septic Design
CONSULTANTS, INC. ♦ Site Planning
243 King Street,#40 ♦ P.O. Box 60189 ♦ Florence, MA 01060-0189
Tel. (413)586-7794 ♦ Fax(413) 586-8238
SOUTHVIEW ACRES
LOTS 22A, 23A, 24, 27, 33, 34, 35, & 36
SELECTIVE CLEARING AND THINNING
January 14, 1994
Selective clearing and thinning will consist of the removal of
hazardous , dead, dying or diseased growth; the removal of groups
and individual plants which interfere with the growth of more
desirable types of trees ; and the clearing away of lesser growth
that may obscure outstanding trees or tree groups .
The densely wooded areas shall be thinned to provide space for
healthy growth by eliminating thinner, weaker trees and remove the
less desirable trees and brush which interfere with the growth of
the better plant material . All trimming and pruning- shall conform
to recognized practices . Particular note should be made that
painting with an approved tree dressing or paint will be required
on all cuts 2 inches or over in diameter.
The obvious dead, dying or diseased trees and undergrowth shall be
cut and cleared along with any previously fallen trees , branches ,
uprooted stumps and any other "debris" . Trees to be cut shall be
cut flush with the ground without removing the remaining stump.
The trees, including cuttings and slash shall be disposed after
cutting as soon as practicable and in such a manner as not to
detract from the appearance of the site. Care shall be exercised
by the contractor to prevent injury to trees and shrubs designed
to be preserved. Any injuries that may occur to the limbs , bark,
or roots of these plants stall be repaired by the contractor .
♦ Land Surveying
♦ Civil Engineering
♦ Septic Design
CONSULTANTS, INC. ♦ Site Planning
243 King Street,#40 ♦ P.O.Sox 60189 ♦ Florence,MA OZ 060-0189
EXHIBIT B Tel. (413)586-7794 ♦ Fax(413)S86-8238
•
S.OU.THVIkli BASIN MAINTENANCE/PROIECTIO.N
Mowing
The buffer area and the sideslopes should be mowed at least twice
a year to prevent woody growth. If a low maintenance grass is
used, then mowing can be done in the normally dry months of June
and September. However, since the area is populated, more
frequent mowing is suggested to control pests_
Inspe6tion
Inspections should follow the following schedule:
Weekly — visua•l check for obstructions
Monthly — remove any trash
check for woody growth
Six months — check rip—rap and structures
check condition of pipes
— check for erosion
check for settling
After every major storm event, the basin should be checked to
insure proper operation.
When possible, all inspections should take place during Wet
weather .
Tree Overhangs
If, at any time, a tree limb overhangs within 2S' of the basin
system, the limb should be trimmed to prevent leaves from falling
into the basin.
If the individual homeowner cannot perform any of the necessary
maintenance or repair requirements, the head of the Homeowner' s
Association should be notified as soon as possible so appropriate
measures can be taken.
i
. •f
Issued By Northampton Conservation Commission
Signatures:
VA I
This Order must be signed by a majority of the Conservation Commission.
�t
On this Z) Y day of 199 , before me
personally appeared S(is4., 2� to me known to be the
person described in and who executed he foregoing instrument and acknowledged
that he/she executed the same as his/her free act and deed.
WAYNE M.FF-IDEN
NOTARY PUBLIC
N. 1B. 1996
Notary Public My comm i n 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 Department of Environmental Protection to issue a
Superseding Order, . providing the request is made by certified mail or hand
delivery to the Department, with the appropriate filing fee and Fee Transmittal
Form as provided in 310 CMR 10.03(7) , within ten days from the date of issuance
of this determination. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and the applicant.
Detach on dotted line and submit to the Northampton Conservation Commission prior
to commencement of work. - PLEASE NOTE--THIS IS NOT REQUIRED IF THE COMMISSION HAS
ALREADY RECORDED THE ORDER, AS IS THEIR USUAL PRACTICE, UNLESS LAND IS REGISTERED
IN LAND COURT.
. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . ... ... . . . . . . . . . . . . . . ... . . .... . . . . . . . . . . . . . . .
To Northampton Conservation Commis io Please be advised that the Order of
�1a od��5ciact
Conditions for the project at _ File Number has been
- recorded at the Registry of Hampshire County 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
If registered land, the document number .which identifies this transaction is
Signature Applicant
page 5-6 (memorex\wp\conscom\order.cc)
36) Lot #27 - the following conditions shall apply:
36.1) The non-encroachment line and permanent markers shall be altered beginning
at the southern property line where it intersects with elevation 277 and
run in a northwest direction to where it intersects with the 100 foot
buffer zone line. This line shall be approximately forty (40) feet off of
and parallel to the back of the "proposed house" as shown on plans
submitted and approved by the Conservation Commission.
37) Lot # 33 - the following conditions shall apply:
37.1) Is permitted to be constructed as shown on plans approved by the
Commission.
38) Lot # 34 - the following conditions shall apply:
38.1) The limit of construction line, as shown on the revised plan dated
12/30/93, shall be the limit of work line.
38.2) Permanent markers shall be moved to correspond with the limit of
construction line.
39) Lot #35 - the following conditions shall apply:
39.1) The limit of construction line, as shown on the revised plan dated
12/30/93, shall be the limit of work line.
39.2) Permanent markers shall be moved to correspond with the limit of
construction' line.
40) Lot # 36 - the following conditions shall apply:
40.1) The non-encroachment line shall be moved. Its new location shall be 20'
east of the limit of work line.
40.2) No lawn is permitted beyond the limit of construction line.
40.3) Permanent markers shall be moved to correspond with the limit of
construction line.
The following conditions apply to all lots permitted under this Order of
Conditions:
41) Prior to the beginning of construction, a revised plan shall be submitted
to the Conservation Commission showing all changes contained within this
Order of Conditions.
42) A mandatory pre-construction meeting between the Conservation Commission
and the on-site supervisor shall be conducted on each lot, prior to
construction on each lot.
43) The definition of "selective clearing" as submitted with correspondence
from NKA Consultants dated 1/14/94 shall be revised to read as follows:
Paragraph 1: Selective clearing and thinnning shall consist of the
removal of hazardous dead, dying or diseased growth.
Paragraph 2: Delete entire paragraph
Paragraph 3: To remain as is.
page 5-3 (memorex\wp\conscom\order.cc)
Mowincr
The buffer area within the easement lines in the side slopes may be mowed
at least twice a year to prevent woody growth. If a low maintenance grass
is used, then mowing can be done in the normally dry months of June and
September.
Inspection
Inspections should follow the following schedule:
monthly - remove any trash
- check for woody growth
annually - check rip-rap and structures
- check condition of pipes
- check for erosion
- check for settling
After every major storm event, the basin should be checked to insure
proper operation.
Tree Overhangs
No changes
30) Annual inspections of the detention basin shall be conducted by a
qualified individual, acceptable to the Conservation Commission, and a
report of the basin's condition shall be submitted to the Commission.
31) The hay bale and silt fence barriers shall designate the area of non-
encroachment and limit of work line unless otherwise stated and approved
by the Commission.
32) Permanent markers shall be installed at the limit of work line and
designated by open circles on revised plans to be submitted. These
markers shall denote the limit of work now and in the future. Permanent
deed restrictions with an exhibit of the lot and the limits of work shall
be recorded with the deed for each site in the form of a Conservation Deed
'Restriction.
The following conditions affect the specific lots identified:
33) Lot #22A - the following conditions shall apply:
33.1) The limit of construction line, as shown on revised plans submitted and
dated 12/30/93, shall be the limit of work line and the limit of lawn area
permitted on this site.
33.2) Permanent markers shall be moved to correspond with the limit of
construction line.
34) Lot 23A - the following conditions shall apply:
34.1) No building shall be allowed on this site due to the close proximity of
the wetlands and the proposed construction. The Commission found that the
site had insufficient land between the proposed construction and the
wetland to prevent long-term impacts on the wetland after construction of
a residence.
35) Lot #24 - the following conditions shall apply:
35.1) The western limit of work line shall be changed. The new line will be
located where the 100 foot buffer zone line intersects with the north
property line of Lot 125 (rear property line as shown on plans) .
page 5-2 (memorex\wp\conscom\order.cc)
r
20) The Applicant shall notify the Commission, in writing, as to the date that
work will be commencing on the project. Said notification must be
received by the Commission no sooner than ten (10) days and no later than
five (5) days prior to the commencement of the approved activity;
21) The owner of the property described in this Order must advise any
potential buyer of the property that any construction upon or alteration
to said property, including brush clearance, may require action by the
Northampton Conservation Commission and any instrument conveying any or
all of the owner's interest in said property or any portion thereof shall
contain language substantially as follows: "This property may be subject
to the Northampton.Wetlands Protection Ordinance, the Wetlands Protection
Act, an Order of Conditions, and/or a Determination of Applicability from
the Northampton Conservation Commission";
22) The contractor is responsible with the applicant and property owner for
any violation and the penalties under the law for such violation. While
all activities regulated by this Order are being performed and during the
construction phase for this project, an on-site foreman, or project
engineer, shall have a copy of this permit at the site, be familiar with
the conditions of this permit, and adhere to such conditions. A copy of
the plans and order must always be on-site and in all excavating machinery
when work is being performed;
23) All required permits must be obtained from the Planning Board, Zoning
Board, Department of Public Works, & Building Inspector prior to the start
of this project and all permits must be complied with. Army 404 permits
and Water Quality Certifications must be obtained prior to the start of
projects involving fill within wetlands;
24) Upon completion of the project, the Applicant shall submit a statement
that all work has been done in conformance with the provisions of the
approved Order of Conditions and request a Certificate of Compliance. (if
checked) Statement shall be by a Professional Engineer or by a Wetlands
Consultant who has been approved by the Commission:
[ ] YES [%%] NO
25) An "As Built" plan for each lot shall be included with the applicant's
statement, detailing the post-development conditions of the site prior to
a Certificate of Compliance being issued.
26) Scope of work shall be conducted as detailed within correspondence
received and dated 5 November 1993, 30 December 1993 and as delineated on
revised plans dated 14 January 1994 or as shown on amended plans to be
submitted.
27) A restriction shall be attached to the deeds for Lots #15, 16B, 32, 33,
and 34 stating and acknowledging that there is a drainage swale and
related step detention area as shown on a plan entitled, "Overall Grading
Plan" on file with the Northampton Conservation Commission. The owners of
said lots are responsible for and shall maintain said drainage swales and
step detention areas in such a state so as not to impede or alter the flow
detention and discharge of runoff.
28) Homeowner's Association or other vehicle acceptable to the Commission is
responsible for the retention basin maintenance within the easement lines
as shown on the Plans entitled Southview Acres, Site Plan for Lots 22A,
23A, 24, 27, 33, 34, 35, 36 for DAVCO Company dated October 15, 1993.
29) The following changes shall be made to Exhibit B of the Declaration of
Protective Covenants:
page 5-1 (memorex\wp\conscom\order.cc)
more than three square feet in size bearing the works, "Massachusetts
Department of Environmental Protection, File Number 246- 3 yb "
10. Where the Department of Environmental Protection 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.
11. 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:
PLANS TITLE SOUTHVIEU ACRES DATED SIGNED & STAMP BY:
�ncui cE g # NHMP-1 12-I S
SITE PLANS FOR LOTS 22A, 23A,-24, 27, 33, 34, 35, 36 on DAVCO Company/ - SuripoAti1g Document A
Fit-osion and Sedcmentatc.on ConttCot Deta.i,&s -bon- DAVCO Company - SuppoAting Document B
# NHMP-110-14
Both pZayt�s done by NKA Conduitantt.6, Inc. P O Box 60189, Honence, MA 01060
Both pta-m6 dated Octob(n 15, 1993 tev,i6ed 12/30/93
All Plans on File with Northampton Conservation Commission
Special Conditions:
13) All construction areas shall be restored to original condition or better
upon completion of the project, including vegetation;
14) No area within the 100 year floodplain, any wetland, or area within 100
feet of a wetland or 40 feet of a 100 year floodplain, as defined in 310
CMR 10, and Chapter 24, shall be permissible disposal sites, unless such
areas are specifically approved by the Commission;
15) Excavated material and topsoil stockpiles shall be located and stabilized
so as to minimize washing into wetland areas or waterways;
16) Adequate measures shall be taken to prevent erosion and siltation of all
disturbed areas, and shall be implemented prior to any construction.
Sedimentation and erosion control devices shall be placed according to
standards set in the U.S.D.A. Soil Conservation Service, "Guidelines for
Soil and Water Conservation in Urbanizing Areas of Massachusetts".
Placement shall be directed at the site by the project engineer in order
to accomplish maximum control of erosion and ensure than no eroded
materials will reach wetland resource areas. Hay bales must be staked.
Silt fencing must be placed in a dug trench with sufficient porosity to
allow detained water to pass while trapping suspended sediments;
17) The areas of construction shall remain in a stable condition at the close
of each construction day. Erosion controls shall be inspected at this
time, and maintained or reinforced to meet specifications in the plans and
this order;
18) This Order of Conditions shall apply to any successor in interest or
successor in control;
19) 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 for that
evaluation;
page 5-3 (memorex\wp\conscom\order.cc)
f -
Therefore, the Northampton Conservation Commission hereby finds that the
following conditions are necessary, in accordance with the Performance Standards
set forth in the regulations, to protect those interests checked above. The
Conservation Commission 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 following 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 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, 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 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.
- The applicant is prohibited from using demolition materials, asphalt,
large chunks of concrete, tree stumps and limbs, and general refuse;
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 proposed work is to be done. The recording
information shall be submitted to the Commission on the form at the end of
this Order prior to commencement of the work. The Commission usually will
record the Order in the Registry of Deeds. It is the applicant's
responsibility to insure the Order is properly recorded.
9.._ _. A sign shall be displayed at the site not less than two square feet or
page 5-2 (memorex\wp\conscom\order.cc)
310C.*M 10.99 DEP File No. 246-3 Lids
(To be provided by DEP)
Form 5 City/Town Northampton
Applicant DAVCV COMPANY
Commonvealth
of ?lassachusetts
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, 540
and the Northampton Wetlands Protection Ordinance
From Northampton Conservation Commission Issuing Authority To
�AVCO (EduuAd 17avidzon) Same
(Name of Applicant) (Name of property owner)
Address 21-11 Radbulcn Road Address
FatAtawn NJ 07410
This Order is issued and delivered as follows:
by hand delivery to applicant or representative on (date)
[ ] by certified mail, return receipt requested on (date)
This project is located in Northampton at Woods Road - Lots 22A, 23A, 24, 27, 33, 34,
36
The property is recorded at the Registry of Hampshire County
Book 3699192 30851336 26071341 Page
36851333 34921245
Certificate (if registered)
The Notice of Intent. for this project was filed on 10/27/93 (date)
The public hearing was closed on y�CJ (date)
Findings �7
The Northampton Conservation Commission as 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 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 [X] Flood Control [ ] Land containing
shellfish
[ ] Private water supply [X] Storm damage prevention [ ] Fisheries
[ ] Ground water supply [X] Prevention of pollution [ ] Protection of
Wildlife Habitat
Total iFiling Fee Submitted $2035.00 State Share $987.50
$1047.50 (1/2 fee in excess of $25)
City Share
Total Refund Due $ City Portion $ State Portion $
(1/2 total) (1/2 total)
page 5-1 (memorex\wp\cons com\order.cc)