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THE CC f>iO;:FiEAhTH OF MASSACHUSETTS
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ORDER
WETLAND PROTECTION ACT '
G.L.c. 131 s. 40
ILE ITuihBER : 246-40 PROD CT LOCATION: Haydenville Road
Leeds, MA
TO: Edward P. Malinoski CERT. MAIL NO: 864388
192 North St. , Northampton, Mass.
RE: NOTICE OF INTENT AND PLANS DATED: 11/4/77 DATE OF RECEIPT BY
DATE. OF PUBLIC HEAR ING: 11/21/77 CONSERVATION CO EMISSION:__ ____
11/8/77
Puzsuant to the authority of G.L. c. 131 5. 40, the NORTHAMPTON CONSERVAS-CN
CO "•SISSION has considered your notice of intent and plans
submitted therewith, and has determined that the area on which the
proposed work is to be done is significant to one or more of the interests
described in the said act. The NORTHAMPTON CONSERVATION COMMISSION
hereby orders that the following conditions are necessary and all work
must be performed in strict conformance therewith :
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. This order does not grant any property rights or any exclusive
privileges; it does not authorize anyinjuryto 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 and/or regulations. -
4 . The work authorized hereunder shall be completed within one (1) year
from the date of this order. The order may be extended by the
issuing authority for one or more additional one-year periods upon
application to the said issuing authority at least thirty days prior
to the expiration date of the order or its extension.
5. Any fill used in connection with this project shall be clean fill,
containing no trash, refuse, rubbish or debris, including, without
limiting the generality of the foregoing, lumber, bricks, plaster,
wire, lath, paper, cardboard, pipe, . tires, ashes, refrigerators,
motor vehicles or parts of any of the foregoing.
6. No work may be commenced until all appeal periods have elapsed from
the order of the Conservation Commission or from a final order by
the Denar t-.e nt of Env-io =r_ta1 C•uality Engineerinc.
: ,'c"')iTIONS CONTINUED :LGE 2 FILE N0. �4=qg___ _
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7. !'o :cork shall be undertaken until the final Order, -with res.-, -(-t
to the proposed project, has been rocoided in the Registry of
Deeds for the district in which the land is located. Copy to
be furnished toissuer of this Order showing book and page.
8. Upon completion of the work described herein, the applicant
shall forthwith req-oe.st, in writing, that a Certificate of
Compliance be issued stating that the work has been satisfactorily
completed.
9 . A sign shall be displayed at the site not less than two square
I
eet or more than three square feet bearing the words,
"Massachusetts Department of Environmental Quality Engineering, File
..a:ber _
10. V,-=e the Dent. of Envirom"ental Quality &�igineering is requested to rake a
determination and to issue a superseding order, the Conservation
Commission shall be a party to all agency proceedings and hearings
before the Department of Environmental Quality Engineering,
11 . The work shall conform to the following described plans and
additionalconditions: location of the house shall be as indicated
on plan submitted with Notice of Intent dated November 4, 1977.
12. There will be no extension of the area presently filled and the fill
shall not be moved towards the brook as final grading around the
house is completed.
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i.O :a)i:'C:Cf_;dS <J0;3Tv120ED P.4C>A 3 }'ILS NO. 246-4Q_
The applicant, any person aggrieved by this order, any owner of
land abutting the land upon which the proposed work is to be done, or
Fry ten residents of the city or town in which such land is located,
=re hereby notified of their richt to appeal cieis order to the Dept. of
_ F,hviron-ental Quality Engineering, provided the request is made in writing
and by certified mail to the �Dspt. of EYWiro::,c_rtal Quality a,>ineerinq sitbin
ton (10) days from the issuance of this order. '
ISL"ULD BY E, NORTHAMPTON
CONSERVATION CgMMISSION
Nov_Zber-2-L 1977
Date of Issuance
On this „_ 2a � c'r;,,,.-Cal'
4/o, 1477, before me personally
appeared _1_:.,wa � _ -C Ib W-t ,'
to me known to bee t person described in and who executed the foregoing
instrument and acknowledged that he executed the same as his free act
and deed.
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