12C-073 (2) Issued By Northampton Conservation Commission +
ftnature(s)
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This Order must be signed by a majority of the Conservation Commission.
On this Z 7 day of "u 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/h9F free act and deed.
Notary Public 0/./Y 3 W - 90 P-'- My commission 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 Quality Engineering to issue a Superseding Order,providing the request is made by certified mail or hand delivery to
the Department within ten days from the date of issuance of this Order.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.
's
Detach on dotted Ilne and submit to the prior to commencement of work.
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To Issuing Authority
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 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
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Wm. E. Smith, Jr.
Order of Conditions Continued
File# 246-144
Special Conditions (continued)
8) The following shall be completed by April 15, 1986:
a) the filled slope shall be- regraded back from the bordering vegetated
wetland at a slope of 2:1,
b) a minimum six (6) inch berm (vegetated) shall be constructed at the top
of the slope to control run-off sheeting (said berm shall be designed
to as not to direct run-off onto abutting properties on either side),
c) the 2: 1 slope and berm shall be stabilized with mulch, jute mesh, and
shall be seeded with a conservation mix, suffucient to prevent erosion,
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Plans:
Title Dated Signed and Stamped by: On File with:
Plans 4-1 (Site Plan) & 4-2 (Site Profile) submitted N'ton Consv. Comm. &
with Notice of Intent. DEQE Regional Office
Special Conditions(Use additional paper if necessary)
1) All construction areas shall be restored to roginal condition or better
upon completion of the project, including vegetation;
2) No areas within the 100 year floodplain nor within 100 feet of a wetland
area, as defined in Chapter 131, Section 40, M.G.L. , shall be permissable
disposal sites, unless otherwise approved by the Conservation Commission;
3) Excavated material and topsoil stockpiles shall be located and stabilized so
as to minimize washing into wetland areas or waterways;
4) Adequate measures shall be taken to prevent erosion and siltation of all
disturbed areas;
5) This Order Of Conditions shall apply to any successor in interest or successor
in controli-
6) 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 by the Commission
for that evaluation;
7) By February 10, 1986 a row of hay bales shall be staked, end abutting end,
along the toe of the filled slope sufficient to prevent soil, silt,
sediments and other materials from eroding and washing into the border-
ing vegetated wetland.
... ............................................................................................................................................................
(Leave Space Blank)
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Therefore,the Conservation Commission 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 Commi s s ion 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 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 comply 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 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 de- .
bris,including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,
refrigerators,motor Jehicles or parts of any of the foregoing.
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.
S. 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 submitted to the rr,= s s i n
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 Quality Engineering,
File Number 246- 144 ".
10.Where the Department of Environmental Quality Engineering 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:
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Form 5 -, �_wma
" "� DEQE File No. 1246- 144
(To be provided byXCE)
�t
Commonwealth ;n ( s City/Town Northampton
A
of Massachusetts Applicant Wm. E. Smith, Jr.
�r r
Order of (Conditions
Massachusetts Wetlands Protection Act
G.L. c. 1319 §40
From the Northampton Conservation Commission
To William E. Smith Jr. Agnes N. Smith
(Name of Applicant) (Name of property owner)
Address 35 Spring St. , Northampton,_ MA,-_ Address 19 Golden court_, HadtpyYMA 01 35
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on (date)
El by certified mail,return receipt requested on Jam iar�z 2 1 , 1 986 (date)
This project is located at Parcel 73 of Assessor's Map 12C (Westerly side of N. Farms Rd.
The property is rec6Tded at the Registry of_ Deeds, Hampshire County
Book D701• Page 25
Certificate(if registered)
The Notice of Intent for this project was filed on December 21, 1985 (date)
The public hearing was closed on .Tanuar3� 27 r 1_gR6 (date)
Findings
The Narthnmptnn CcnGPrva ti nn Commi Qsinr) 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 atthistime, the Conservation i
Co mres ssion 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 ID Storm damage prevention
• Private water supply ❑ Prevention of pollution
• Ground water supply ❑ Land containing shellfish
Flood control ❑ Fisheries
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