05-052 (9) Issued By Korthampton Conservation Commission
Signatur '
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This Order must be signed by a majority of the Conservation Commission.
On this day of 1995, before me
personally appeared °„ .pa -1 n �,� / 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.
Z,2 r
Notary Public My com&ission 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 Commission: Please be advised that the Order of
Conditions for the project at File Number 246- 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
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25. If checked: [ ] YES
An "As Built" plan shall be included with the project engineer's
certification, detailing the post-development conditions of the site:
26. Excavation shall be performed by small bob-cat type vehicles only.
27. As presented by the applicant, excavated material shall be loaded into
trucks and removed from the wetlands to the storage area identified on
"Plan of Land Located at 307 Audubon Road, Northampton, Massachusetts
Prepared for Edward Riseman," by Almer Huntley, Jr. & Associates, Inc.
dated July 30, 1996.
28. Erosion control barriers shall be installed around the designated storage
area.
29. 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.
30. Prior to the start of any site work, excavation or construction, a
preconstruction -conference shall 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. The applicant shall notify the Commission in writing of the name, address,
business and home telephone numbers of the project supervisor and/or
contractor who shall be responsible for ensuring compliance with the
conditions in this Order.
32. Haybales/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.
33. 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 plans
and within information approved with the issuance of this Order of
Conditions.
34. 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.
35. 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.
36. Erosion control devices shall be inspected regularly. 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.
37. If de-watering is necessary during construction, all water removed shall
be pumped and discharged to an upland area.
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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
occuring 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 or by a Wetlands
Consultant who shall have been approved by the Commission:
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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- ".
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:
Plan of Land Located at 307 07/30/96 Rebecca L. Sherer
Audubon Road, Northampton, MA
Prepared for Edward Riseman,
Sheets 1 and 2.
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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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.
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 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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NgAI f X96
310CMR 10.99 `"' '� DEP File No. 246-391
U (To be provided by DEP)
Form 5 City/Town Northampton
Applicant Edward Riseman
Commonwealth Map # 5 Parcel 452
of Massachusetts
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:
Edward Riseman Edward Riseman
Name of property owner Name of Applicant
307 Audubon Road, Leeds, MA 01053 307 Audubon Road, Leeds, MA 01053
Address Address
This Order is issued and delivered as follows:
[ J by hand delivery to applicant or representative on (date)
[X] by certified mail-, return receipt requested on November 1, 1996.
This project is located in Northampton at 307 Audubon Road, Leeds.
The property is recorded at the Registry of Hampshire County
Book 2936 Page 210
Certificate (if registered) N/A
The Notice of,Jntent for this project was filed on July 31, 1996. (date)
The public hearing was-closed on September 23, 1996. (date)
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 [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 Filing Fee Submitted $55.00 State Share $15.00
(1/2 fee in excess of $25)
City Share $40.00
Total Refund Due $ City Portion $ State Portion $
(1/2 total) (1/2 total)
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