36-248 (8) r , .
ATTACHMENT A
NOTICE OF POSSIBLE WETLAND RESTRICTIONS UNDER
M.G.L. C. 131, S. 40 & NORTHAMPTON WETLANDS PROTECTION ORDINANCE
I, the owner of certain property located at
Northampton, Hampshire County, Massachusetts,
being the same property described in a deed dated and recorded
in the Hampshire County Registry of Deeds at Book Page do
hereby agree and state that any construction upon or alteration to said property,
including brush clearance, may require action by the Northampton Conservation
Commission and that any instrument conveying any or all of my 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 Conservation Commission of the Citv
of Northampton.
Signed:
property owner:
COMMONWEALTH OF MASSACHUSETTS
HAMPSHIRE, ss
Then appeared personally the above named person and acknowledged the
foregoing to be his/her free act and deed, before me.
Notary Public
My commission expires
ADDITIONAL SPECIAL CONDITIONS
27) Drain outfall may be moved, but no closer than 50 feet from wetlands.
28) Wetlands replication must be completed by December 15th.
29) Wetlands must be built under supervision of wetlands consultant.
30) Wetlands consultant shall report to the Commission by November 1, 1990, on June 1, 1991
and on June 1, 1992 on status of wetland.
Issued By Conservation Commission
Signature
A�
This Order must be signed by a majority of the Conservation Commission.
On this 9th day of July 19 90 before me
personally appeared R 2 C . to me known to be the
person described in and who executed the foregoing instrument and acknowleaged that he!she executed
the same as his/her free act and deed.
'WAYNE M. PaloEN
NOTARY PU'1l-
F/Y COMMISSION Br-l: 13. 196
Notary P liC My commission expires
The applicant.the owner,any person aggrieved by this Order.any owner of land abutting the land upon winch the amoosea work is to be
cone.or any ten residents of the city or town in wnicn 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 CtNR 10.03(7),within ten days from the Cate of issuance of this
Determination.A copy of the request snail at the same time be sent by certified mail or hand deffvery to the Conservation Commission
and the applicant.
Detach on dotted line and submit to the Northampton Conservation Comm, prior to commencement of work.
........_....................................................................................................................................................._......._.........._»....._..........._..__
To Northampton Conservation Commission issu:ng Autnor:cv
Please oe advised that the Order of Conditions for the project at 46 Maple Ridge, Lot 3
=iie Numoer 246— 266 ..as peen recorded at the Registry of Hampshire County a,c
has been noted in iris chain of title of the allectea property in accordance with General Condition 8 on t 9_
If recorded land, the instrument number which identMes this transaction is
If reoistefea land,the document number wrvcn identifies this transaction is
3:cnature :cclicanr
Plans: (See also page 5-3A)
Title Dated Signed and Stamped by: On File with:
Conservation Commission
Conservation Commission
Conservation Commission
Conservation Commission
Special Conditions (use additional paper if necessary)
21) (if checked) An "As Built" plan shall be included with the project engineer's statement,
detailing the post-development conditions of the site: ( )YES (X )NO
22) The Applicant shall notify the Conservation Commission, in writing, as to the date that
work will be commencing on the project. Said written 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.
23) The Applicant shall complete and execute the attached ATTACHMENT "A"/NOTICE OF POSSIBLE
WETLANDS RESTRICTIONS UNDER M.G.L. C.131, S.40 relative to ENTIRE LOT
Said ATTACHMENT "A" shall be attached to, become a part of, and shall be filed with this
Order of Conditions at the Registry of Deeds. The Applicant shall return a copy of the
completed and notarized ATTACHMENT "A" to the Conservation Commission when the bottom
postion of Page 5-4A of this Order is returned. ( X )YES ( )NO
24) Any fill used in this project shall be clean fill only, which can include soil, gravel,
rock, and loam. The applicant is prohibited from using demolition materials, asphalt,
large chunks of concrete, tree stumps and limbs, and general refuse.
25) 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, directing engineer, or designated construction manager, shall have a copy of
this permit at the site, familiarized himself, or herself 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.
26) All required permits must be obtained from the Planning Board, Zoning Board, Dept. of
Public Works & Building Inspector prior to the start of this project and all permits
must be complied with. Army Corps of Engineers 404 permits and Water Quality Certifications
must be obtained prior to the start of projects involving fill within areas of Cc sdicticn.
* ` Additional special conditions on Attachment A
.......... ................................................................................................................................................. ...................
(Leave Soace SlanK)
5-3B
r
Plans: (See also Page 5-3 B)
Title Dated Sioneo and Stamped by: On Fife wilt:
Hamilton 6/4/90 W�;
Residence Revised Berkshire Design Group Northampton Cons. Commission
Catch Basin '
Hamilton Unsigned Conservation Commission
Conservation Commission
Conservation Commission
Special Conditions (Use additional paper if necessary)
13) All construction areas shall be restored to original condition or better upon completion of
the project, including vegetation;
14) No areas within the 100 year floodplain nor within 100 feet of a wetland area, as defined
in Chapter 131, Section, M.G.L. , shall be permissible disposal sites, unless otherwise
approved by the Conservation 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 products of erosion and ensure that no eroded materials will reach
wetland resource areas. Hay bales must be staked and entrenched for maximum control. Silt
fencing must be of sufficient porosity to pass detained water without allowing suspended
sediments to pass through fence.
17) The areas of construction shall remain in a stable condition at the close of each con-
struction day. Erosion controls shall be inspected at this time, and maintained or
reinforced to meet specifications in the plans and this order, including condition 4 above.
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 in-
spect the premises to evaluate compliance with the Conditions and to require the submittal
of any date deemed necessary for that evaluation;
Y
20) (if checked) Upon completion of the project, the Applicant shall submit- a statement from
the project engineer that all work has been done in conformance with the provisions of
approved Order of Conditions: ( X)YES ( )NO
........................................................................................................................................................
(Leave Soace Blank)
j•3A
Therefore, the Northampton Conservation Comm.—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 Conservation Commission orders that all work shall be oerformed
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 comoiy 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 onvate 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 apoiicabie federal, state or local statutes,ordinances, by-laws or regulations.
Y. The work authorized hereunder shall be completed within three years from the date of this Order unless
either of the following aopiy:
(a) the work is a maintenance dredging project as orovided for in the Act,or
(b) the time for completion has been extended to a specified care 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, piaster, wire, lath, paper, cardboard, pipe, tires, ashes,
refrigerators,motor vehicles or parts of any of the foregoing.
7. No work snail 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 registeredland.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 Comm!ssi nn
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 Protection,
File Number 246– 266
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 parry 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 Comciiance be issued stating that the work has been satisfactonly completed.
12. 7~e work shall conform to the following plans and special conditions:
5-2
t �e
310 CMR 10.99
Form 5 ��--`��••••n M Qep F;,t..
246- 266 �
(To on awem ay OED
Commonwealth , 6 ,tyy� Qty,Town Northampton
of Massachusetts � J H
Acohcant amilton
'. -. J MAP ID4� 36 24�EPT of aurzotrr'�r' K"°TIONS
— UnREAMPTON,MA 01060
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 1 31 , §40 AND THE
NORTHAMPTON WETLANDS PROTECTION ORDINANCE
From Northampton Conservation Commission
To Scott & Kim Hamilton Same
(Name of Applicant) (Name of property owner)
10 Jewett Street
Address Northampton, MA Address
This Orcer is issued and delivered as follows:
by hand delivery to applicant or representative on (aate)
by certified mail, return receipt requested on July 14, 1990 (cafe)
This project is located at 46 Maple Ridge Road
The property is recorded at the Registry of Hampshire County
Book 3565 Page 137
Certificate(if registered)
The Notice of Intent for this project was filed on June 4, 1990 (date)
The public hearing was closed on July 9, 1990 (date)
Findings
The Northampton ConGP r jnn Commission has reviewed the above-ref6renced Notice of
Intent ano plans ano has neid a public hearing on the project. Based on the information available tc the
Conservation Commission on 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):
Q Public water supply Flood control Q land containing shellfish
Q Private water supply LI Storm damage prevention Fisheries
Q. Ground water supply ® Prevention of pollution Protection of wildlife habitat
Total Fling Fee Submitted $250 State Share $112.50
CityiTown Share $137.50 (�/z fee in excess cf S25)
Total Refund Due S -0- City/Town Portion S State Portion S
(1/z total) (1/z total)
Effective 11/1 0/89