05-064 (6) A
�J dy)
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued
Issued by Northampton Conservation Commission
Signature(s)
This Order must be signed by a majority of the Conservation Commission.
On this l day of '� 19 ,before me personally
appeared C� Q `���'r�yir? . ,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 JJ 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 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.
...................................................................................................................................................................................................................................................
To Northampton Conservation Commission 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
4/1/94 310 CMR- 422 422
❑ Are any alternatives practicable?
• Are any alternatives technically feasible (i.e., are they possible given the physical site conditions
or local zoning requirements)? - 1JO
• Do any alternatives increase the cost of the project? Is the increase in cost reasonable for that
type of applicant in general, not the applicant in particular?For example, is the added cost of an
alternative reasonable to expect for a builder of a single f ily home, not tor Mrs. Hanson or Mr.
Talbot in particular? P w-n Q Sc`S�Cm �vvw wt�d 6— 10 K
Rt►oc,�►.},gig 4,o�►st, ctvse +o YaAd wokta add t 6 -Zo R. o^}a caz%- Q - q:1
• To evaluate whether the cost of an alternative is reasonable,compare the costs of similar projects
recently proposed by similar types of applicants.
Will any practicable alternatives have less adverse impacts on the Riverfront Area? NO a6ovf 4'
lo,,rje f,teo w0w1� 64 $ /M10c� cEu►�anyG }� Glr�a Wv�td orcu.�
4 Practicable alternatives with less adverse impacts must be selected.If a practicable alternative
would have no identifiable difference in impact, the proposed project rather than the alternative
should be allowed,but the no significant adverse impact standard(see below) must still be met.
No significant adverse impacts: o ii,o D o Cp
)1 How much alteration is planned in the Inner and Outer Riparian Zones of the Riverfront Area?
❑ Does the project meet the specified criteria?
'B meets performance standards for all other resource areas? ye s
J55 undisturbed vegetation in the 100-foot Inner Riparian Zone(15 feet in 25-foot Riverfront Area)? -4t5
�t }JO Sib *--B alteration in the 100-foot Outer Riparian Zone limited to 5,000 square feet or 20%, whichever is greater*?
�be le0 J IN meets performance standards for stormwater management**? EI C^P+-
§a no adverse effects on rare species or certified vernal pools?
'L? 000E D►.t hnap 5 ,
4 If the project meets these criteria and there are no practicable alternatives,the project
should be approved with any necessary conditions.
Certain types of activities evaluated on a case-by-case basis may not be able to meet the criteria above and yet still may
have no significant adverse impacts on the Riverfront Area. These projects may include footpaths, minor landscaping, or
redevelopment of a previously developed site. As with other aspects of the Wetlands Protection Act, the issuing authority
has the discretion to make decisions on a case-by-case basis. This step involves an assessment of the applicant's demon-
stration that the project will have no significant adverse impact even though one or more of the criteria were not met.
,G?f-If any of the criteria are not met, will the project have significant adverse impacts on the Riverfront Area? iJO.
a ve- w-M 6e V-Ar n- App I;com+++ w;;�1.1 "1 nct,{uxrJ i jL' area C 4zuv ,� f� 5t p� c sgs m
Has the applicant identified precautions, desi jt Ani e]-atA% nd construction techniques that will avoid and/or
minimize impacts to the Riverfront Area? ye,g — I.tSG 0� $tl� �. LJprk i S DtA* Of 111r1Cr
2u L �/1FdGh�" p� qru CtIry 1:in:kct,{ D >,�hov; is h6USS Mrw . 1
[Wte: #rojects on single famllfy houe9 lots that existed prior to August 1, 1996 shouldd''meet the performance
standards noted above wherever possible. However, applicants should minimize all project impacts if performance
standards cannot be met.]
4 - If the conservation commission agrees that there are no practicable alternatives and the
project will have no significant adverse impacts on the Riverfront Area,the project should
be approved with any necessary conditions.
*This performance standard is waived for the 10-foot Outer Riparian Zone when the Riverfront Area is 25 feet.
**The Deparunencs Stormwater Management Policy identifies nine performance standards for stormwater management.Stormwater management is not required
for single family houses and small subdivision projects as described in the policgqy.
C'1towta bCZZA'u-St0_ a4I uCiT t ,�1 . G i flu 4Vd/1 rkrL C�t1A tits
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Checklist for Review of Activities in the Riverfront Area
The Department of Environmental Protection(DEP) recommends that conservation commissioners consider the following
checklist of questions when reviewing information provided by applicants in the Notice of Intent Supplemental Form for
Riverfront Area. For more information, refer to the "Guidance for Implementation of the Rivers Protection Act Amend-
ments to the Wetlands Protection Act" issued by DEP in November 1996.
Geographic jurisdiction
Is there a river or stream on or near the project site?
\ Has the mean annual high-water line been correctly delineated?
Have the Inner and Outer Riparian Zones been correctly delineated? YeS
Have all other resource areas within the River-front Area been correctly delineated? Its
Activity jurisdiction / 104 �'S; ^&�'
Is the proposed work exempt o grandfathered under the Rivers Protection Act? LD+
I�L f so,have copies of appropriate documentation(e.g.,copy of the building permit)been included?
ANIZ Ploq fr% ui-4 kivS .
[Note: The filing of the Notice of Intent and the Supplemental Form for Riverfront Area assumes the project is
subject to the Wetlands Protection Act.If the proposed work is exempt or grandfathered from the Rivers Protection
Act, follow standard NOI review procedures for other wetland resource areas.]
Application of performance standards
No practicable alternatives:
The goal of evaluating project alternatives is to identify any options for locating a project so that impacts to the Riverfront
Area are avoided or-minimized. In planning a project, the applicant must consider different options that would-meet4his
goal. Alternatives that would result in greater or equal adverse impacts should not be evaluated. When reviewing project
alternatives, consider: r
What is the project purpose? Sin jlt
How much alteration of the Riverfront Area is proposed? Z1 ,000 S
A Could the project be loc ted outside the Riverfront Area? 1J0� �u�, +O to cP:hL % of Sep %G Sq%4f-rn 0.
Could the project be located further from the river or stream? —00i Set, ( SGuSS t UY) U nCUA,
'A l*.r natty GS" - r*,,+ eale -
DEP has determined that the scope of alternatives considered should reflect the size and type of project, and has estab-
lished guidelines which spell out the required range of alternatives for consideration based on project type. For example:
for a single family home on a lot that existed as of August 1, 1996, the alternatives would be different locations on the lot;
for a small commercial project-such as a coffee shop, the alternatives should consider currently-or formerly-owned adja-
cent lots as well as different locations and designs on the lot. Use the guidelines attached to the checklist to verify that the
correct project category was selected and the appropriate scope of alternatives was considered.
Has the applicant done an appropriate alternatives analysis based on the project purpose? in wr;+Iitl
�'t U �/L �i wc�.s• t��sGuSS EEi� (rt r�nu �,(•tA'tr1c� - �
11196 (over])
25. 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.
26. 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.
27. 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.
28. Flags shall be checked and replaced as necessary prior to the start of
work. The flags shall be maintained until work is complete.
29. Vehicles and/or equipment shall enter the project site only by the access
route specified on the plans and approved by the Conservation Commission.
30. As agreed to by applicant, the applicant shall revegetate or naturalize
disturbed areas of the site at an elevation of 103 feet and below with a
ground cover.
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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.
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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 246-400 " .
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:
Topographic and Wetland Plan for 12/19/96 Rebecca L. Sherer
Proposed Sewage Disposal System and
House to be Located on Audubon
Road Northampton, MA prepared for
Wright Builders, Inc. , 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.
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 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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APR
2 s
310CMR 10 .99 DEP File No. 246-400
(To be provided by DEP)
Form 5 City/Town Northampton
Applicant A.J. Wright Builders, Inc.
Commonwealth Map # 5 Parcel # 64
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:
Frederick 'B. Grinnell A.J. Wright Builders, Inc.
Name of property owner Name of Applicant
562 Kennedy Road, Leeds, MA 01053 115 Industrial Drive, Northampton
Address Address
This Order is issued and delivered as follows:
[ ] by hand delivery to applicant or representative on (date)
[X] by certified mail, return receipt requested on March 31 , 1997.
This project is located in Northampton at Lot 64, Audubon Road.
The property is recorded at the Registry of Hampshire County
Book 3388 Page 53
Certificate (if registered) N/A
The Notice of Intent for this project was filed on January 22, 1997.
The public hearing was closed on March 10, 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 [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 $250.00 State Share $112.50
(1/2 fee in excess of $25)
City Share $137.50
Total Refund Due $ City Portion $ State Portion $
(1/2 total) (1/2 total)
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