36-248 (2) 1 1 N 1 1 l ✓• / -
310 CMR: DEPT MENT OF ENVIRONMtNTAL M CTION
10.99: continued
Issued by the Northampton Conservation Commission
Signature(s)
This Order must be signed by a majority of the Conservation Commission.
On this / day of utic M 5 f 19 before me personally
appeared 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 act and deed.
Notary Public j My Co m sion 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 No_rthamp on Conservation Commission prior to commencement of work.
.........................................................................................................................................................................................................
To Northampton Conservation Commission Issuing Authoritg -
Please be advised that the Order of Conditions for the project at
File Number has been recorded at the Registry of and
has been noted in,this i hain 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
4/1/94 310 CMR - 423 423
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;
18. 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 necessary 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 responsible 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 occurring on site.
A copy of the plans and Order must always be on-site 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 follows:
"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 Commission";
24. 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 request a Certificate of
Compliance.
If checked: [X]YES
Certification shall be by a Professional Engineer.
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.r
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, "Mass Department of Environmental Protection,File Number 246-40V.
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 DATED SIGNED& STAMPED BY:
"Septic System Repair, SPT-200-1_" 06/30/97 Darrin M. Harri P E.
Prnared by ill Engineers, Architects,
Planners for Scott Hamilton.
Abbreviated Notice of Intent 07192/27
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)days 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 wetland or 40 feet
of a 100 year floodplain,as defined in 310 CMR 10,and City of Northampton Ordinances-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 Urbanized 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 pass through while trapping suspended sediments;
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' 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
iii Aex 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.
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310CMR 10.99 ? fU DEP File No. 246-408
` I t
(To be provided by DEP)
Form 5 City/Town Northampton
Applicant Scott Hamilton
Commonwealth Map#36 Parcel#248
of Massachusetts
Order of Conditions
Massachusetts Wetlands Protection Act
G.L.c.131,§40
and the Northampton Wetlands Protection Ordinance
From Northampton Conservation Commission Issuing Authority To:
Scott Hamilton c/o Hill-Engineer-,Architects, etc,
Name of property owner Name of Applicant
46 Maple Ridge Drive 50 Depot Street
Northampton,MA 01060 Dalton,MA 01226
Address Address
This Order is issued and delivered as follows:
[X] by hand delivery to applicant or representative on August 1 ,1997.
[] by certified mail,return receipt requested on (date)
This project is located in Northampton at 46 Maple Ridge Drive.
The property is recorded at the Registry of Hampshire County Book 3565 Page 137
Certificate(if registered) N/A
The Notice of Intent for this project was filed on July 1, 1997.
The public hearing was closed on August 11, 1997,
Findings:
The Northampton Conservation Commission 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 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 []Flood Control []Land containing shellfish
[]Privaie water supply [X]Storm damage prevention []Fisheries
[]Ground water supply [X]Prevention of pollution []Protection of Wildlife Habitat
Total Filing Fee Submitted$55+$35 local State Share$15 City Share$40+$35
(1/2 fee in excess of$25)
Total Refund Due$__0_94 City Portion$_0.00 State Portion$_0.00
(1/2 total) (1/2 total)
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