36-244 (10) * w
Doc: M911 OR /4658/0305 05/01!199511:40
Issued By Northamoto n Conservation Commission
Signatures:
dcRP F,
1
This Order must be signed by a majority of the onservation Commission.
On this ,�1 v` day of C_ 1995, before me
person lly appeare3�2{�, Y f) ��c� �. . ,. , o me known to be the
perso eacribed in and te
xec uted the forego aq Lnstrument and acknowledged
that h /she executed th as his/her free act and deed.
HO y Pu is _ My corfimission expires
The applicant, the owner, any person aggrieved by this Order, any owner of land
abutting the land upon which the proposed work In to be done, or any ten
r wi.dents 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 CHR 10.03(7), within ten days from the date of issuance
of thLs 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 Commission: Please be advised that the Order of
Conditions for the project at File Number 246-374 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
T registereF land, the document number which identities this transaction is
Signature Applicant
ATTEST: RWA PSEUX�Aar . REGISTER
MAaIANNB L. DONOHUB
i
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J
Uoc; 9SOOD6911 OR /981OD4 4SIC1119?5 L:�
STORMWATER RUNOFF 6 POLLUTANT PREVENTION
62. ponds, may be vegetation dfollowing die back in d the efallt1and replication area
accumulated sediments d m not m the etch basins.
ny periodically as necessary in the
ettling The applicant shall submit a maintenance plan to be approved by the
commieeion, which shall be incorporated into and become part of this order
of Conditions, by reference.
Disposal of any removed vegetation and sedlmenta shall occur outside of all
aeplicable resource and regulationsfepertaininga to the disposal of o such conform
wtland material.
63. There shall be no sedimentation into wetlands or other water bodies from
discharge pipes or surface runoff leaving the site.
R**R*#Y**Yfi*R}fiRR##Y**Yfi}R****#RfiR fi***}Y*#**Ytfi*RatRA****fififi**fi*}fi RR*fiMRfi**##Y*
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I
Doc; 050W6911 OR 1465810303 65IO M25
54. Erosion control devices shall be inspected regularly by a qualified
person. Any entrapped silt shall be removed to an area outside the buffer
zone and wetland resource areas, and hay bales or other devices shall be
replaced as necessary. Stock pile or hay bales and silt fencing shall be
on site to make repairs or in case of emergency.
55. During all phases of construction, all disturbed or exposed areas shall be
brought to finish grade and either:
a)loamed and seeded for permanent stabilization, in accordance with
U.S. Soil Conservation Service procedures; or
b) stabilized in another way approved by the Conservation Commission.
Areas that cannot be permanently stabilized within 30 days of disturbance
shall be stabilized by temporary measures acceptable to the Conservation
Commission.
56. All stockpiled materials that will be located within the 100-foot buffer
zone, shall be stabilized to prevent erosion and sedimentation into the
wetland resource area, and shall be surrounded with siltation fencing to
prevent washing into the replication area.
57. If soils are to be disturbed for longer than two months, a temporary cover
of rye or other grass shall be established, following U.S. Soil
Conservation Service (SCS) procedures, to prevent erosion and
sedimentation.
If the season is not appropriate for plant growing, exposed surfaces shall
be stabilized by straw, jute netting, or other SCS-approved methods.
Any stabilization materials such as jute netting shall be firmly anchored
to prevent them from being washed from elopes by rain or flooding.
58. The settling basin shall be constructed prior to the construction of the
subdivision roadway, as shown on the approved plans, in order to entrap
any soils that may be eroded during construction. It shall be cleaned out
after the base coat of asphalt has been placed on the road right-of-way,
and constructed to function as per plans and information included within
the Notice of Intent.
59. All catch basin grates shall be wrapped with murapi fabric and maintained
until the base coat of asphalt has been laid. After the base coat of
asphalt has been placed on the road right-of-way, all catch basin aumpa
shall be cleaned of debris. The Commission shall be not.i.fied, in writing,
when thin shall occur.
FERTILIZERS, DEICING & SNOW!
60. There shall be no application of road salt or other deicing chemicals onto
the drivwwaya because of the importance of the site, location of the
settling pond and wetlands.
61. Lots that have any portion of it's boundaries within the 100' buffer zone
shall be deed restricted, so that there shall be no application of
fertilizers or pesticides to the lawns or any areas contributing runoff to
the wetland stream, or pond.
A provision specifying this condition shall be incorporated into the
bylaws of the .association, and the Conservation Commission shall be
provided with a copy of the bylaws showing this provision before a
Mrtifioats of Compliance will be Issued for this project.
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Doc; 95W9» 49 /4658/0302 05/011L9511:40
43. No disturbance of wetlands shall occur until the wetland replication area
is excavated in accordance with the plans submitted with the Notice of
Intent and the work is approved in writing by the Conservation Commission.
44. Prior to excavation of any wetland area, the wetland replication area(s)
shall be excavated to the elevations indicated on the plans, and the
applicant shall present the Conservation Commission with written
certification by a registered professional engineer, who is qualified in
hydrology, that the proposed wetland replication area possesses the
appropriate groundwater elevations and hydrologic connections.
45. Soil depth and structure, surface topography, and hydrology in the wetland
replication area shall reproduce the original wetland to the greatest
extent possible.
46. Excavated wetland soils shall be stockpiled in such a way that the soil
horizons remain intact. They shall he protected with plastic or canvas
from erosion and drying out and shall be emplaced in the replication area
as soon as possible following excavation from the wetland. wetlands soil
shall be placed in wetland replication area in such a way ae to reproduce
the original soil horizons.
47. The wetland replication area will be planted with native species of
wetland plants, in accordance with the planting schedule provided in the
plane.
48. If the seed stock and vegetative structures in the excavated soils do not
rocult in establishment of a plant community comparable to the original
wetland in species composition, and with at least 50 percent cover by the
and of the first growing season, the applicant shall supplement the
original plantings with plantings of indigenous npacian obtained from a
nursery specializing in the propagation of wetland plants.
49, n report of the success of re-vegetation activities shall be submitted to
the Conservation commission, by a qualified wetlands scientist on the
following schedules
By (June 1, 1996)
By (June 1, 1997)
50. If more than 75% wetland vegetation has not been established after two
growing seasons (2 years), then additional plantings and/or changes to
wetland restoration plan shall be submitted to the Commission for
consideration and approval.
51. At the time of rerpiesting a Certificate or Compliance, the applicant must
submit a "Summary Report", by a qualified individual, of work completed on
the site, actions taken during the replication, and the rate of success of
wetland replication.
52. No additional wetland areas shall be allowed to be filled or altered on
this property, now or in the future. A deed restriction stating this shall
be incorporated into all deeds and future divisions of this Bite.
EROSION AND SEDIMENTATION CONTROL;
53. Erosion control devices shall remain in place until all disturbed surfaces
have been stabilized with a vegetative cover or until the Commission has
authorized their removal.
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M�, 95,;�1f!�?r� It��,41�?I?? 'fir GAT Haas a
.�
No WORK SHALL COMMENCE PRIOR TO SUCH APPROVAL BY THE CONSERVATION
COMMISSION OR STAFF.
32. The name of the wetlands specialist shall be submitted to and approved by
the Conservation Commission prior to the beginning of work.
33. Cutting of trees located within the right-of-way shall be allowed prior to
installation of the siltation barrier, as long as stumps are not removed
or unearthed.
34. All silt fencing and erosion control shall be installed prior to removal
of stumps and shrubs within the right of way.
35. The applicant shall notify the Commission in writing of the name, address,
business and hone telephone numbers of the project supervisor and/or
contractor who shall be responsible for ensuring compliance with the
conditions in this order.
REQUIREMENTS DURING ACTIVE CONSTRUCTION:
36. Hayb,ales/silt barriers shall be Inspected at the close of each work day,
and after each rainstorm. Any breaches in the siltation barriers shall be
repaired prior to the continuation of work.
VEHICLE ACCESS/STORAGE:
37. Vehicles and/or equipment shall enter the project site only by the access
route specified on the plans and approved by the Conservation Commission.
38. No equipment is to enter or cross a wetland resource area at any time,
unless the location of entry or disturbance is clearly indicated on plane
and within information approved with the issuance of this Order of
Conditions.
39. All equipment shall be operated, parked, and maintained in such a manner
that will prevent potential alteration of the wetland/resource area and
buffer zone.
POST CONSTRUCTION SUBMITTALS & WORK IN BUFFER ZONE:
40. The Conservation Commission has not approved nor denied construction on
Lot 111. The applicant will be required to submit a Notice of Intent
detailing proposed construction plans upon which the Conservation
Commission will then vote. Prior to beginning construction on Lot 11, the
applicant shall submit a Notice of intent, detailing the location of the
house, the limit of-work and all other activities within the 100 foot
buffer zone.
WETLAND REPLICATION:
41. The area proposed for replication shall be staked prior to the excavation,
with notification to the Commission within 72 hours of completion.
42. A Wetland Specialist, approved by the Conservation Commission, shall be
on-site during all phacen of the transference/replanting and construction
of the replication area.
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. xc; 95000691! OR /4658/0300 05/01/1995 111:40
25. If checked: [zz j YES
Upon completion of the work covered by this order, the applicant shall
submit an ae-built plan, signed and stamped by a registered professional
engineer or land surveyor, together with a written request for a
Certificate of Compliance.
The plan and written request shall specify any ways that the completed
project differs from the plans referenced in the Order. The as-built plan
shall include, at a minimum, and as applicable to the project; elevations
of all pipe inverts and outlets, pipe sizes, materials, and slope*; all
other drainage structures; limits of clearing, grading, and fill; all
structures, pavement, and contouro within 100 feet of wetland boundaries;
all alterations within the wetland resource areas; all wetland replication
areas; and all dates of fieldwork.
26. ongoing conditions that shall not expire with the issuance of a
Certificate of Compliance are as follows:
(#52, 160, 161, #62, and W).
27. Any change or deviation from the Notice of Intent, plans and/or Order of
Conditions approved by the commission, prior to or during construction,
shall require the applicant to file a request for an amendment with the
Conservation Commission. It shall include a written inquiry as to whether
or not the change is substantial enough to require the filing of a new
Notice of Intent.
After making a positive determination, the Commission shall conduct a
public hearing for the purpose of amending the order or to issue a new
Order, if a new Notice of Intent is required.
GENERAL CONDITIONS:
29. The boundaries of all wetland resource areao shall be identified by
flagging spaced at intervals not greater than 25 feet apart. Flagging used
to identify wetland resource areas shall be a color different from any
other flagging used on the site. A continuous construction barrier
consisting of siltation fencing or a crenelated hay-bale dike shall be
established. Flagn shall be checked and replaced as necessary prior to
the start of work. The flags shall be maintained until work is complete.
29. prior to construction, the applicant shall submit to the Conservation
Commission for approval an erosion and sedimentation maintenance control
plan for the settling bauins, that shall be incorporated into this Order
by amendment and that shall be followed after construction has been
completed.
PRE-CONSTRUCTION REQUIREMENTS:
30. Prior to the start of any site work, excavation or construction, a
preconstruction conference bhall 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.
31. Once erosion control devices are installed, the applicant shall notify the
Conservation Commission that, the installation has been completed, prior to
the commencement of any site work.
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Sy s
Or 9500069?1 OR /455810299 051011199511;40
17. 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;
1B. All construction areas shall be restored to original condition or better
upon completion of the project, including replanting of vegetation;
19. The commission and its agents shall have the right to enter and inspect
the property at any time for compliance with the conditions of this Order,
the Act, and Wetlands Protection Regulations: 310 CMR 10.00 and Chapter 24
of the City's Ordinances: "The Wetlands Protection ordinance". They shall
have the right to request and receive any data or documentation that is
deemed neceseary for evaluation of compliance.
20. This Order of conditions shall apply to any successor in interest or
successor in control;
21. The contractor is as renponsible as the applicant and property owner for
any violations of the Orders of Condition and penalties under the law,
while all activities regulated by this Order are being performed.
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
occuring on alto.
A copy of the plans and order must always be on-aitc and in all excavating
machinery when work is being performed;
22. All required permits must be obtained from the Planning Board, Zoning
Board, Department of Public Works, and Building Inspector prior to the
start of projects involving fill within any wetland resource area;
23. 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 action by
the Northampton Conservation Commission.
Any instrument conveying any or all of the owners' interest in said
property or any portion thereof, shall contain similar language as
followes
-This property may be subject to the Northampton Wetlands Protection
ordinance, Wetlands Protection Act, an Order of Conditions, and/or
a Determination of Applicability from the Northampton Conservation
Commiasion"I
specifically Lots 11, 111, 112, 113
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
order of Conditions and request a Certificate of compliance.
If checkeds (YJ YES
Certification shall be by ■ Wetlands Consultant who shall have been
approved by the Commission:
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-Doc: 95MO6911 OR !4658!0298 11:4
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 works, "Massachusetts
Department of Environmental Protection, File Number 246-370-.
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 conditioner
PLANS TITLE DATED SIGNED i STAMPED BY:
General Details - Definitive Subdivision Plan, Sovereign meadows, Northampton.
NA prepared fgp Sovereign Builders by P.e_Batob, Consulting Engineer
revisions 2128195. '
Site Plan - Definitive Subdivision Plan, sovereign Meadows, Northampton. MA
prepared for Sovereign Builders by P.B. Hatch, Consulting Engineers, AFC-4
revisions 2128/95 and 3/13/95.
All Plans on File with Northampton Conservation Commission
Special Conditions:
13. The applicant shall notify the Commission, in writing, as to the date that
the work will be commencing on the project. Said notification must be
received by the Commission no sooner than (10) daps and no later than five
(5) days prior to the commencement of the approved activity;
14. No area within the 100 year floodplain, any wetland, or area within 100
feet of a wotland or 40 feet of a 100 year floodplain, as defined in 310
CMR 10, and City of Northampton Ordinancon - 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 U.S.D.A. Soil Conservation Service, "Guidelines for Soil
and Water Conservation in Urbanised Areas of Massachusetts".
Placement of sedimentation and erosion control shall be directed at the
site by the project engineer in order to accomplish maximum control of
erosion to ensure that no eroded materials will enter wetland resource
areas.
Hay bales must be staked. Silt fencing must be installed in a dug trench
with sufficient porosity to allow detained water to pans through while
trapping suspended sediments;
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Doc. 950006911 OR /465810291 05/0111295 11,40
Therefore, the Northampton Coneervat.ion Conindouion huruby 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 plane,
specifications or other proposals submitted with the Notice of Intent, the
conditions shall control.
General Conditions
1. Failure to comply with all conditions stated heroin, 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 exclunive privileges;
it does not. authorize any injury to private property or invasion of
private rights.
3. This Order does not relieve the permitter 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 uhall 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 apecified 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, j
containing no trash, refuse, rubbish or debris, including but not limited I
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. Tn 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 thu Conunionion on the form at the end of
this Order prior to commwnccment of ttie 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.
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. f Doc. 950006911 14558(0296 05I01/1995 111.40
310CMR 10.99 DEP File No. 246- , f
(To be provided by DEP)
Form 5 City/Town Northampton
Applicant SOVEREIGN BUILDERS
Comaonvealth Nap 136 - Parcels if 241, 242, 243, 244
of Massachusetts
order of Conditions
Massachusetts Wetlands Protection Act
O.L. c. 131, 540
and the Northampton Wetlands Protection ordinance
From Northampton Conservation commission Issuing Authority To:
Thomas A. & r.illian Miranda Sovereign Buildero
Name of property owner Name of Applicant
20 Grove Avenue, Leeds, MA 772 Bay Road, Belchertown, MA 01007
Address Address
This order is issued and delivered as follows: l
[ by certified mail, return receipt requested on -'�a(��-j�j (date)
This project is located in Northampton at: Westhampton Road, Route 66
The property is recorded at the Registry of Hampshire County
Book 2259 Page X50
certificate (if registered) _VA
The Notice of Intent for this project was filed on 2114195 (date)
The public hearing was closed on k}A•rch 14. 1995
Findings:
The Northampton Conservation Commission as reviewed the above-referenced Notice
of Intent and plane and has held a public hearing on the project. Baoed 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 then 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 [ j Fisheries
[ ) Ground water supply [X] Prevention of pollution [ ] Protection of
VAJ4 ife FAitat
Total Filing Fee Submitted $ $975. + 535._1City feed State Share_ S475.00
(1/2 fee in excess of $25)
City Share 5 500. + 35.
Total Refund Due 5 city Portion $ _ State Portion $
(1/2 total) (1/2 total)
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