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36_-269_letterAA 204 Maple Ridge Rd letter�gHAMp�. O O Crztlr of Nort4aur rton f f �1A55AChlt5ttt5 DEPARTMENT OF BUILDIXG INSPECTIONS INSPECTOR 212 Main Street • Municipal Building North<,unpton, MA 01060 August 8, 1999 Mr. Ralph Billieux 211R Westhampton Rd. Northampton, MA 01060 Map36,Lot84 Subject: Response to complaint filed 9/13/90 for possible unauthorized fill Dear Mr. Billieux, The complaint that you filed with the previous Building Commissioner was investigated and it was determined that the only violation sited was a wetlands violation. As you know a fine was levied and paid for and the work done to restore the wetlands was completed to the satisfaction of the Conservation Commission. I did speak with Peter McErlain, Wayne Feiden and the previous Building Commissioner Francis Sienkiewicz about your property and the site visits that they had made. They all stated that they had walked your property and had noted that there was fill brought in. Mr. Sienkiewicz stated that at the time of his visit the fill was a violation of wetlands, Mr. Feiden also stated this. Mr. McErlain stated that there were stumps and that his concern was that the area was not suitable for a septic system but that the amount of fill was not significant . The conclusion that I have reached is that the amount of fill present did not require a special permit and for that reason I believe none was issued. If you have any further questions please contact me at 587-1240. Sincerely, Anthony Patillo Building Commissioner City of Northampton CC: W. Feiden, P. McErlain, F. Sienkiewicz, Councilor LaBarge OFFICE OF TH,� IORTHWESTERN DISTF- .T ATTORNEY Witness Statement Commonwealth vs. Milton Howard DOCKET #: 94 cR 3661 Arraigned: pec. 13. 1994 Charges: Your Name Your Address: Your Telephone: Date of Offense: Wayne Feiden, Conservation Agent Date of Birth: 02/20/58 Conservation Commission, City Hall, 210 Main St., Northampton, MA 01060 Street and Number and PO Box Town State & ZIP (Home) (413) 586-2943 (Work) (413) 586-6950 May 26, 1994 Time of Offense: On or about 10:00 a.m. arce 07 01 Nortnampto Town Where it Happened: Northampton Place Where it Happened: Assessors Map 16 Was the defendant known to you? ❑ No ® Yes If "yes", how? (e.g., friend, family member, acquaintance, customer...) as a developer who has received permits from the Conservation Commissio FACTS IT IS IMPORTANT TO BE AS ACCURATE AND CONCISE AS POSSIBLE WHEN FILLING OUT THIS STATEMENT ABOUT WHAT HAPPENED. THE LAW REQUIRES THAT THIS INFORMATION BE MADE AVAILABLE TO THE DEFENDANT AND COURT. I allege that the major facts regarding the offense(s) listed above are as follows: A heavy vehicle was allowed to move through a bordering vegetated wetland and adjoining wetland buffer and earth was dug within this same area without any valid wetlands permits. This work was in violation of Chapter 24 (Wetlands Protection) of the Northampton Code of Ordinances. There is not any evidence of additional wetland violations. [ATTACH AN EXTRA SHEET IF NECESSARY.] PLEASE COMPLETE OTHER SIDE 1 Please list names, aadresse5r. id telephone numbers of all witne! s: -C. Mason Maronn 2 Michael Reed 18 Ellington Road l 98 Deerfield Drive Northampton, MA 01060 Northampton, MA 01060 V.-% 5�2-7566,- H: 584-3196 3. > Wayne Feiden City Hall, 210 Main Street 4. Northampton. MA 01060 _ W: 586--6950, H: 586-2943 H: 586-4045 Was incident reported to the police? 13 No � ! Yes if "yes", when? If "yes", to what department? List photographs -and physical evidence you have of he ollCnse. Enclose u em with this s—.- __ enr Were you injured as a result of this incident? J No ; 1 Yes If "yes", please describe injury, any treatment and place where examined or U C=a=d: If you had "out-of-pocket' expenses as a result of this incident the Courz may consider a repuesz for rest'Lurtion to be paid by the defendant_ ♦ If appropna�ce, please list ule a=ai expenses you had (medical bills, property damage repairs or loss...). o Submit copies of bills. e-ma«s or other, verification along with this statement_ - None Once a criminal complaint is issued, the District Attomey's Office is responsible for prosecuting the case. It may consider your wishes regarding the outcome of the case in making its rrcommendaU`ori to the Court- Please indicate your recommendation as to disposition: The City's-only—goal is payment of the $100 fine issued*by the Conservation Commission: - If you will not be in court for the pre-trial conference, pleas_ a indicate a telephone number where you may be reached that day: `WArea Code ( 413) 586-6950 - -_—_-- Agent for the C reservation Commission le�� �^ 11/1/94 (signature) (date) ELIZABETH D. SCHEIBEL DISTRICT ATTORNEY /f)"No A Re I—` t4 014t To mnw nwra t4 of Massar4ufirthi DISTRICT ATTORNEY NORTHWESTERN DISTRICT Dear Private Complainant: �j Cif^` -3 lo 1-c ) I ONE COURT SQUARE NORTHAMPTON. MASSACHUSETTS 01060 (413) 586-9225 Once a criminal complaint is issued, the District Attorney's Office is responsible for prosecuting the case. Because you are the complainant in this matter we depend on you to provide the District Attorney's Office with the information we need to prepare this case. Attached you will find a witness statement and restitution form. It is your responsibility to fully complete both forms. (Please list any witnesses names and addresses completely; attach copies only of receipts, pictures, etc.) Do not attach originals. Please keep these with your file. You will be notified if and when the originals are necessary. If you change your address and phone number, it is your responsibility to notify us. This information must be made available to the District Attorney's Office at least two weeks prior to the arraignment date. It can be mailed or hand -delivered to the District Attorney's Office located at 1 Court Square Northampton MA 01060. Please indicate the docket number and arraignment date in the space provided. If you have any questions or concerns, please call our office at the above telephone number Monday -Friday, 8:30 - 4:30. Very my yours, Ann M. Metzger District Court Administrator Northwestern District AMM/rab l a//940 y Bot' iimc4 . C[erfMcr -P,r�:gy s'a6-/3m 0 p ��i ti.w .�� 1it/i �.� � f✓. /✓�� f A ��/��.ti�� c.n a,vv '`•"< s.•'i�,1 ,y.�.-..a) pec...1Of `•►- V"V City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586-6950 FAX (413) 586-3726 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission Northampton District Court -Criminal 15 Gothic Street Northampton, MA 01060 RE: Request for Criminal Complaint: Milton Howard ATTN: Judy A non -criminal citation (ticket ,#00020) for violation of City Ordinance ,#24) was issued to Mr. Milton Howard on May 27, 1994. Twenty-one (21) days have now passed without payment of the assessed fine. Would you please issue a criminal complaint in connection with the above cited non -criminal violation ,#00020. I am attaching a certified copy of the applicable ordinance. Your Cooperation is greatly appreciated. Sincerely, S1 P ulette L. Kuzde Senior Planner Conservation Commission Enforcing Agent/Officer ORIGINAL PRINTED ON RECYCLED PAPER August 15, 1994 Hampshire Conservation District 243 King Street Northampton, MA 01060 Dear Sirs/Madam: I presently live in the Maple Ridge Development and am considering purchasing lot 24. I understand that the property had site work done on it which was not approved by the Conservation Commission and subsequently the present owners have been fined and instructed to restore the property back to it's original condition. I would like to purchase the property as an adjunct to my current property and not as a building lot. I am therefore requesting the Conservation Commission to consider to allow me to purchase the property and leave it in it's present condition and let the natural growth return to the areas which were disturbed. If you have any questions please feel free to contact me at my home 585-0742. sincerely Ronald N. Paasch 180 Maple Ridge Road Northampton, MA i rC-,1 i. � �G ! 61994 �' CERTIFICATE OF SERVICE NOTICE OF NON -CRIMINAL VIOLATION I, Wayne Feiden oath. , state the following under I am employed by the City of Northampton as Principal Planner & dol sve tion Agent 1 Office of Planning & Development. On May 27, 1994, I issued a Notice of Violation, Ticket #00020 , to Milton Howard , and delivered said Notice of Violationmailed to Mr. Howard at 221 Pine St., Florence, MA 01060 on May 27, 199 4, in accordance with the provisions of Massachusetts General Laws, Chapter 40, Section 21D. Signed under the pains and penalties of perjury this 27th day of May , 1994. /�' Signature Wayne M. Feiden, Principal Planner Name and title City of Northampton, Massachusetts Office of Planning and Development City Hali • 210 Main Street Northampton, MA 01060 • (413) 586-6950 FAX (413) 586-3726 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission Milton Howard 221 Pine Street Florence, MA 01060 May 27, 1994 RE: Violation of Chapter 24, Northampton Code of Ordinances Dear Mr. Howard: As we discussed on the phone, at their site visit on May 26, 1994, the Northampton Conservation Commission site inspectors and conservation agent witnessed tire tracts and freshly dug earth within a wetland and a wetland buffer zone. They issued a $100.00 fine for this violation and requested that you attend their next meeting on June 13, 1994 at 7:30 PM in City Council Chambers. They have not yet issued a separate enforcement order, but reserve the right to do that at their June 13th meeting. You should be aware that this lot contains a wetland and you need a wetlands permit before you do any work in the wetlands or within 100' of the wetlands. You should also be aware that work allowed by all previous Orders of Conditions have been completed and your previous determinations of wetland boundaries have expirose determination are good for three years).VI('` Any further work does require a permit. If you have any questions, please feel free to contact me. Sincerely, Wayne M. Feiden, AICP Principal Planner ORIGINAL PRINTED ON RECYCLED PAPER 1 L7 10 ANNIN0,DRAPER & MOORE, P.C. Now .4• ANNIN% DpAnR & MooRE, P.C. AT7bRNEYS AND COUNSELORS AT LAW CALVIN W, ANNINO, 311, SUITE 1818 BAYI3ANK TOWER MARK E. DRAPER 1500 MAIN STRi?E'T LOUIS S, MOORI# POST OI:FICS. $OX 13428 SPRINOFIELID, MASSACHUSETTS 0111 5-3418 TELEPHONE (423) 732.16400 • TRLECOPIER (413) 731-3339 TEL C-0-KER COVER SKEET DATE: June 23, 1.993 TO: Ms. Paulette Kuzdeba FROMt LouiB S. Moore, Esquire TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): 4 52 COURT STREET WESTFIELD. MASSACHUSETTS 01085 TEL6PHONL (413) 562.9829 IF YOU DO NOT RECEIVE THIS TRANSMISSION IN ITS ENTIRETY, PLEASE CALL KELLEY AT 732-6400 COMMENTS; Paulette - Please follow up on this complaint - files should have history of this mattez. I discussed it briefly with Wayne this morning. May only be a Board of Health matter. Will call you on Monday. (I'll be away Thursday and Friday.) Thanks, Lou C0NFXDENTXA7 ; .'--E 'WHIN COMMUNICATION IS IDENTIAL _ :.RIVILEGED PURSUANT TO THE ATTORNEY-CLIENT PRTV1LES -) THE WORK P <<lDUCT DOCTRINE AND IS INTENDED ONLY r'OR THE U$E Ox' Tr ADIVIDUAL OR T;NTITY NAMED ABOVE AND OTHERS aVV-CIFICATLLY AUTHORIZED Tv RECEIVE, IT. IF YOU ARE NOT THE INTENDED RECIE PENT r OR THE EMPLOXi;E OR AGENT 14,13SPONSII3LE To DELIVER IT TO THE INTtnDE0 RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRI13UTION OR DUPLICATION OF THIS COMMUNICATION IS STRICTLY PRQNTBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN LRKOR, PLT ASE IDHEDIATSL1- NOTIFY US BY TNLEPHONE, AND RETURN THE ORIGIIIAL MESSAGE TO US ,AT THE ABOVE ADDRESS VIA THE U.S. POSTAI, SERVICE. 06/23/c-3 11 RNN 11-10, DRRPER & MOORE, P. C. 002 desk oe.�f� Fretr th-P, f .... V Richard LaBarge Jr. City Councillor, Ward 6 698 Westhampton Road Northampton, MA 01060 (413) 586.5915 lo: Frpncia From: Ral.pt Xte : possible 9-3 10:11 ANN I NO , DRAPER u MOORE , P. C. QQ WMPII 1400, Auc.,ust 13, 1994 X. Ziellkiewioz, Acting $uil.aing Inspector J. billieux dr. Unautnorized Fill I v.oul.d liz_,re to rake co.�,pl.aint about the fill. r�hicb is loon -ted or lots #24, #c5 of the Mapieriage aev'elopmert fui7:ez-ly ormed by 7r. jan.,cy Christenoc., & L.Alton 3. Ho ard, whir b I believe is r�ow o ea by the Bay ba.na VFlley frust, Co. itits ii11 ras put there roughly zt, years ago. As a. result of she fill be—I rZ -ul, t s1 ?e it brae disrupted the n94 -ural watt'_ dxa.in.vge that ex_i steQ in the area berere. Therefore a.1lorirg w?.ter to suri'a,ce run over the follov;yng property lines vrrich are a,d jace.-t to the area in Question. '; . ;L.ruce E. Gz•a.tts 165 'irest�aa�,.ptvn Road 2. Robert w. uraf-cs ig5 7Testhainpton Roa(. Raljh J.- illieu� J:r. �1iR v`desthamj: tcn Road 4. Wallper fierzig ;e37.Yewthazsp-ton woad The wcctland commission was contacted approxImotely in June or J1.ily of 1989 about the fill to see is a. v:etLo. d violation had beer coram.i-Ced` a.s a result of the rill being put there. They did a. site wurvey- ezo, indeed agree that a violation: has been broken. Ste Ns v; ere Cher -taken on their part to rectify the violpT,ior, w" icYn Y:p.s anon been coxae to this date They ese alao unavare tba.z the fill hard been put there l ;she Board of "iealth was contacted in July of 19y30 about souse of the material tla_a 4 was mixed with the fill, a.syhal't mpteria.1, tree stumps, old mt:tal pipes. At that time l✓eter mcE-rlF,1.n did a site sarvcy aDd oonflTmed that some of the material was ujasati sfaQ tox-7, tq be used as fill. fie also s'tp.ted that he v,as unaware that the fill bad been put there. r htr Carl -tenser & fioward were Contac ted about the fill -their response vias thrt it was only temporexy and to be 'taker out as needed flow the etrer dev4tiopir.erts In the L_a.pleridge area. The queztlone erre tha abutting property owners are a.skIng are: Were the Fr'o ,er p;*:rmits sougbt and issued for the fill to :ave beep pPut thcr_>, in the first place-rbi.ch I umdcrstatid were to have core from _ar office_. I don't believe that they did, and vba.t can be d=c to correct the problem tbat We art faced v;itb about toe $urfa_ce water runoff '-.bRt never existed before the fill rp.-put here. Thank you f'cr yovzr effort to look into this problem anQ a xi ously a' a.i ting your an s�^el s. r Ralph J. BIllieuX Jr., July 13, 1992 Ralph J. Billieux, Jr. 211R Westhampton Road Northampton, MA 01060 Dear Mr. Billieux: Councillor Richard LaBarge sent me a copy of the complaint that you filed with the Building Inspector regarding fill at the Maple Ridge Subdivision (lots 24 & 25). He requested that I give you any information I have on this matter. In 1989, the Northampton Conservation Commission was notified that fill was placed in a wetland on lots 24 and 25. The Commission found that a portion of the fill was placed in a wetland and ordered the restoration of the wetland and the drainage patterns around the wetlands. After approving the landowners' plans for restoration, the Commission gave the landowners six months to restore the wetland. After seven months with no restoration, the Commission issued an Enforcement Order. After another two months without restoration, the Commission issued a fine against the landowner. The restoration was then completed within the following month. The Commission then determined that the wetlands within their jurisdiction had been restored. If any other violations exist, they are beyond the jurisdiction of the Conservation Commission. The Building Inspector is responsible for enforcing the Zoning Ordinance. If you have any questions about his findings on a Zoning Complaint, you should contact him directly. In addition, if you feel that the fill is causing you harm, you may want to contact legal counsel and see if you have any cause for action against the landowners. Sincerely, Wayne M. Feiden, AICP Senior Planner cc: Councillor Richard LaBarge Frank Sienkiewicz, Building Inspector July 22, 1991 The Berkshire Design Group Northampton Conservation Commission City Hall 210 Main Street Northampton, MA 01060 Landscape Architecture Colliniunity Pi.z>;n1ug 9 P Y Re: Maple Ridge Subdivision, Lot #25: Certificate of Compliance, DEP File No. 247, 275 To the Conservation Commission: The Berkshire Design Group, Inc. representing Roy Giangregorio hereby certifies that the work performed at the above mentioned lot has been done in conformance with the provisions of the approved Order of Conditions issued November 26, 1990. If you have any questions concerning the above, please call me at 586-9541. Sincerely, The Berkshire Design Group, Inc. Peter H. Wells, Partner 4 Allen Place Northampton, Massachusetts 01060 (413) 586-9541 1719 Delaware Avenu( Wi1n mgton, Delaware 19806 (301, 652-0948 u 310 CMR 10.99 Form 8 4 Commonwealth of Massacnusetts MAP ID. # 36-269, 36-2701 36-271 DEP File No 246-247, and 246-275 i io oe oroviDed Dy DEP) C,lv lowr Northampton Aooucan: Christensen—Howard Certificate of Compliance Massachusetts Wetlands Protection Act, G.L. c.131, §40 NORTHAMPTON WETLANDS PROTECTION ORDINANCE From Northampton Conservation Commission Issuing Authority c/o Berkshire Design Group, 4 Allen Place To Christensen -Howard Northampton MA 01060 (Name) (Adorers. Date of Issuance July 22, 1991 This Certificate is issued for work regulated by an Oroer of Conditions issued to i Gt-en- n—Hawar_d dated 8/29/90 and and issued by the Conservation Commission 11/6/90 1 . $ It is hereby certified that the work regulated by the above -referenced Orcer of Conditions has been satisfactorily completed. 2. _ It is hereby certified that only the following portions of the work regulated by the above -refer- enced Order of Conditions have been satisfactorily comoleted: (If the Certificate of Compliance does not include the entire project, specify what portions are included.) 3. It is hereby certified that the work regulated by the above -referenced Order of Conditions was never commenced. The Order of Conditions has laosed and is therefore no longer vand. No future work subject to reoulation unser the Act may be commenced without filing a new Notice of Intent and receiving a new Order of Conditions. ............................................................................................................................. (Leave 5oace Blank) s-1 Effective 1 1 /10/E9 �dC1K 3CAC PAGE 310 CMR 10.99 Form 5 Commonwealth of Massachusetts Map ID: 36-269, 270, 271 • W' DEP File No. 246— 275 f (ro be ww ow by DEP) Qty,%wn Northampton Apphcant Christensen—Howard Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 AND THE NORTHAMPTON WETLANDS PROTECTION ORDINANCE From Northampton Conservation Commission To Christensen—Howard Christensen—Howard (Name of Applicant) (Name of property owner) Address 76 King Street, Northampton Address 76 King Street, Northampton This Order is issued and delivered as follows: by hand delivery to applicant or representative on (date) 1 by certified mail, return receipt requested on November 6, 1990 (date) This project is located at Maple Ridge (Lots 24, 25, 26) Northampton, MA The property is recorded at the Registry of Hampshire County 3012 112 Book 2445 Page 215 Certificate (if registered) N/A The Notice of Intent for this project was filed on October 10, 1990 (date) The public hearing was closed on October 22, 1990 (date) Findings The Northampton Conn ryati nn Commi cG; nn has reviewed the above-ret6r-enced Notice of Intent and plans ano has veld 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): ❑ Pubiic water supply ® Flood control ❑ Land containing shellfish ❑ Private water supply ® Storm damage prevention ❑ Fisheries ❑ Ground water supply ® Prevention of pollution ❑ Protection of wildlife habitat Total Fling Fee Submitted $200 State Share $70 City/Town Share $130 (1/2 fee in excess of S25) Total Refund Due S 0 City/Town Portion S 0 State Portion S 0 (1/2 total) (1/2 total) Effective 11/10/89 5-1 ... �� 3� 46 pAst Therefore, the Northa=ron 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 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 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 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 Qomm7 GG; 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' 275 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. 1 1 . 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 snail conform to the following plans and special conditions: 5-2 3Fj46 PAGE p2 ... Plans_ (See also Page 5-3 B) Title Dated Sioned and Stamped by: On File with Grading Plan, Maple Ridge, Lot 24,25,26 Sheet 3 of 3 10/9/90 Northampton Cons. Commission 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; 20) 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: .......................... ......... ............................... ....... ........... ........................................................................ ........ ................ (leave Soace Blank) 5_3A eoow 3646 WE 429,3 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 ( )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 owner of the property described in this Order must advise any potential buyer of the property that any construction upon or alteration to said property, including brush clearance may require action.by the Northampton Conservation Commission and any instrument conveying an. or all of the owner's 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 Northampton Conservation Commissiorn ) 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 Cor� s r.�IA�7� Additional special conditions on 5-5 l us di ction . (Leave Space Blank) 5-3B k BOOK 3646 PAGE 0294 --We Issued By Northampton Conservation Commission Signature(s) L d This Order must be signed by a majority of the Conservation Commission. On this 5th day of November 19 90 .before me personally appeared 4E11'K2 , 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. wAYNR M. PRIDEN Notary Public NOTARY PUBLIC MY QOMM11111111110N JAM W 1094 My commission expires The applicant, tha 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 Deoartment, with the appropnaie filing fee and Fee Transmittal Form as provided in 310 CMR 10.030, 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 Comm prior to commencement of work. To Northampton Conservation Commission Issuing AUinonty Please be advised that the Order of Conditions for the project at Maple Ridge Ietvumoer 246— 275 NorttamEthon, MA nas been recorded at the Registry of am S re Uounty anC has been noted in the Cnain of title Of the affected property in accaraance with General Condition 9 on 19 If recorded land, the instrument number which identifies this transaction is If registered land, the document numDer which ICennfies this transaction is Sicnature 5-4A ;CDUCant FACE 0'1195 27) Only fill already placed on the site and already in piles on the site may be used for this project. 28) No fill may be placed within 50 feet of the wetlands shown on the plans. 29) From 50 feet away from the wetlands the slope of the fill may be no steeper than three horizontal to one vertical (33%) and all slopes must be stabilized with grass seed and mulch. 5-5 HIF shire s . . Q A - �61990 at -,L -o'clock and minutes % .M., Rec'd =9 (MONTH) (DAY' ! exam'd with Hampshire Reg. of Deeds, Book la o Attest o REGISTER Berkshire Landscape Architecture Community Planning Design Historic Preservation Group Urban Design October 10, 1990 Northampton Conservation Commission City Hall Northampton, MA 01060 RE: Notice of Intent for Maple Ridge Subdivision, Lots 24, 25, 26, Northampton, MA Dear Commission Members: Enclosed please find nine copies of the Notice of Intent and a check made payable to the City of Northampton for the above referenced project. On November 8, 1989, a Notice of Intent was submitted for the regrading of fill material placed adjacent to a isolated wetland area. Since that time the fill was removed from all wetland areas and placed at on-site locations where the house sites might be. However, the fill material is within the 100' buffer. Therefore we prepared a new Notice of Intent indicating location of fill areas and mitigation measures. We would appreciate it if you would contact our office prior to any scheduled site -- visit to view this property so that we may arrange to meet you on the site. Thank you for reviewing this project. _ Sincerely, The Ber shire gn Group Peter H. Wells, Partner PHW/src _ cc: DEP, Western Region 4 Allen Place Northampton, Massachusetts 01060 (413) 586-9541 - N !)'L r, ''c Al cnuu Wilmington, 1)r a",ire 19806 ( 302) 6�2-0948 WORKSHEET FOR NOTICE OF INTENT FEES For Notices of Intent filed under the Wetlands Protection Act and the Northampton Wetlands Protection Ordinance The filing f ee is the sum of the fees for each of the proposed activities in the notice. Write down the number of each activity that is proposed within in a resource area or buffer zone, as defined in the Wetlands protection Act. Add up the total fee on the last page of this form. Note additional public notice and recording fee on last page. (1) Category 1: ($55.00 each activity) a. Any work on a single family residential lot including a house addition, deck, garage, garden, pool, shed, or driveway. Activities excluded from Category 1 include driveways reviewable under 310 CMR 10.53 (3) (e) (See Category 2g); construction of an unattached single family house; and construction of a dock, pier or other costal engineering structure. _ b. Site preparation of each single family house lot, including removal of vegetation, excavation, and grading, where actual construction of the house is not proposed under the Notice of Intent. C. Control of nuisance vegetation by removal, herbicide treatment or other means, from a resource area, on each single family lot, as _ allowable under 310 CMR 10.53 (4). _ d. Resource improvement allowed under 310 CMR 10.53 (4), other than _ removal of aquatic nuisance vegetation, as allowed under said section. e. Construction,: repair, replacement or upgrading of a subsurface septic system or any part of such a system. _ f. Activities associated with installation of a monitoring well, other than construction of an access roadway thereto. _ (2) Category 2: ($250.00 each activity) _ a. Construction of each single family house (including single family houses in a subdivision), any part of which is in a buffer zone or resource area. Any activities associated with the -construction of said house (s), including associated site preparation and construction of retention/detention basins, -utilities, septic system., roadways and driveways other than those roadways or driveways reviewable under 310 CMR 10.53 ( 3 ) ( e ) ( See Category 3), shall not be subject to additional fees if all said activities are reviewed under a single _ Notice of Intent. (For apartment/condominium type buildings see Category 3.) 1 revetments, dikes, or other engineering structures on coastal or inland resource ares, including the placement of rip rap or other material on coastal or inland resource areas. -• (6) For Notices filed under the Northampton Wetlands Protection Ordinance WITHOUT FILING UNDER WETLANDS PROTECTION ACT a. Any work on a single building lot or housing unit ....$ 25.00 _ b. Each additional lot or housing unit ..................$ 50.00 C. Commercial, industrial, institutional projects ........ $100.00 plus $0.10 square foot of resource area.activity plus $0.02 square foot of buffer zone activity (7) Fee for Extensions of Permits .....................$50.00 Notice of Intent Fees under Massachusetts Wetlands Protection Act # 3.................... Category 1 activities X $ 55.00 ...................... $ I Cv5 •oD # Category 2 activities X $250.00 ......................$ # Category 3 activities X $525.00 ......................$ Category 4 activities X $725.00 ........... .. .......$ # feet Category 5 activities X $2.00/ft (min $50)....$ SUBTOTAL ..................................................$ 1(05. 00 ONE HALF TOTAL FEE MINUS $12.50.. (To the Commonwealth) .... $ 70.00 (fees must be paid by check or money order) ONE HALF SUBTOTAL PLUS$12.50 .............................$ 95.00 -- PLUS: # Category 6 activities (see #6 above) .................$ Category 7 (Extension:of Permit) $50.00 .............. ..$ Notice of Intent (notice + recording fee) $35.00..........$ 35 (includes request for amended Order or Notice) OR Rectuest for Determination (public notice) $20.00..........$ TOTAL FEE TO THE CITY OF NORTHAMPTON .....................$ 1;jO.00 (fees must be paid by check or money order) (fees.cc 10/2/90) 10 M1 310 CMR 10.99 Form 3 ,�,,,;� • DEP Re No. I 246—� �7) (To be prwIoaa by DEP) Commonwealth of Massachusetts c,iy,Town Northampton r '•_.jw r ADDticanl . Intent Under y Notice of In i Under the Massachusetts Wetlands Protection Act, G.L. and Application for a Department of the Army P & NORTHAMPTON WETLANDS PROTECTION ORDINANCE Part l: General Information 1J �Q.N 1 . Location: Street Address MQ�L'� �I�� �� # ASSESSORS' MAP ID. Lot Number- ,J'�IyI�I� 2, Project: Type Description �G� G•-�`�' SILL _ �+�^' IT 1 DOizf� i 3012 ►12 3. Registry: County Hampshire _ Current Boo )< �'S & Page 215 Certificate (If Registered Land) 6 'l T�� _ F�O�/d� 11-1. Tel.yl3-5�fo 7Z,ZZ 4. Applicant c4 Address 7C0 K•ILJ& ST. QDI 4D�t1 1✓1b dl or o Tel. 5. Property Owner Address �, I4 �. IRI=�-II►� L �'1(�.� �(7U� Tel I 6. Representative I Address 14 �LLSS -A FLA — bizfi Mi'�Gt-► f�f�ov 7. a. Have the Conservation Commission and the Department's Regional Office plans been documents ent, by rnfied mail or hand delivery, 2 copies of completed Notice of Intent, with supporting P Yes X No b. Has the fee been submitted? ;KYes ^ N� 200- oU C. Total Filing Fee Submitted 13p 00 State Share cf Fil;ng Fee OD d. CitylTown Share of Fling Fee (1/2 of fee in excess of 525, sent to DEP) (sent to CitylTown) e. Is a brief statement attached indicating how the applicant calculated the fee? Yes No tion Act 10 C14R 10) f. Permit requested under: Mass. Wetlands Northampton Wetlands cProtection 3Ordinance: Effective 11!10189 8. Have all ootainable permits, variances and approvals reaut red by local by-law been obtained? Yes V::� No = Obtained: Appiied For: Not Applied For: 9. Is any portion of the site subject to Wetlands Restriction Order pursuant to G.L. c. 131, §40A or G.L. c. 130. § 105? Yes = No o 10. List all plans and supporting documents submitted with this Notice of Intent. ATTACH LOCUS MAP SHOWING SITE LOCATION CLEARLY MARKED Identifying Title. Date Numoer/Letter 1/3 3�3 CSP-4�>71�C� IPLA�1 1= SC�f 1 1 . Check those resource areas within which work is proposed: (a) I/ Buffer Zone _ (b) Inland: Land Subject to Flooding, Bank' Bordering Veaetated Wetland' - Bordering _ = Land Under Water Body & Waterway' = Isolated (c) Coastal: _ Land Under the Ocean' - Designated Port Area' = Coastal Beach' � Coastal Dune = Barrier Beach - Coastal Bank N/A _ Rocky Intertidal Shore' N/A = Salt Marsh' - Land Containing Shellfish Land Under Salt Pond'' Fish Run' Likely to involve U.S. Army Corps of Engineers concurrent junsdic;ion. See General Instructions for Compietma Notice of Intent. 3-2 12. Is the wetland resource area to be altered by the proposed work located on the most recent Estimated Habitat Map (if any) of rare, "state-listed" vertebrate and invertebrate animal species occurrences provided to the conservation commission by the Natural Heritage and Endangered Species Program? YES [ ] NO (�] Date printed on the Estimated Habitat Map issued NO MAP AVAILABLE [ ] (if any) October, 1987 - MT, HMY-09 0t=- JAI.. I01(tD-Eksn-I�MZ? l If yes, have you completed an Appendix A and a Notice of Intent and filed them. along with supporting documentation with the Natural Heritage and Endangered Species Program by certified mail or hand delivery, so that the Program shall have received Appendix A prior to the filing of this Notice of Intent? YES [ ] NO [ ] DEP Western Regional Office State House West, 4th Floor 436 Dwight Street Springfield, MA 01103 3.3 Part It: Site Description .. Indicate which of the following information has been provided (on a plan, in narrative description or calcula- tions) to clearly, completely and accurately describe existing site conditions. Identifying .. Number/Letter (of plan, narrative or calculations) _ Natural Features: Sods Vegetation Topography Open water bodies (including ponds and lakes) 3�3 Flowing water bodies (including streams and rivers) Public and private surface water and ground water supplies on or within 100 feet of site Maximum annual ground water elevations with dates and location of test 3�3 Boundaries of resource areas checked under Part I, item 1 1 above Other Man-made Features: _ Structures (such as buildings, piers, towers and headwalls) VJ r Drainage and flood control facilities at the site and immediately off the site, including culverts and open channels (with.inverts), dams and dikes _ Subsurface sewage disposal systems Underground utilities 3/3 Roadways and parking areas _ 3/3 Property boundaries, easements and rights-of-way Other _ Part III: Work Description Indicate which of the following information has been provided (on a plan. in narrative description or calcula- tions) to clearly, completely and accurately describe work proposed within each of the resource areas checked in Part I, item 11 above. Identifying Number/Letter _ (of plan. narrative or calculations) Planv­ w and Cross Section of: J Struc:,:res (such as buildings, piers, towers and headwalls) Drainage anc flood control facilities, including culverts and open cnannels (with inverts), dams and dikes Subsurface sewage disposal systems & underground utilities Vs Filling, dredging and excavating, indicating volume and composition of material Compensatory storage areas, where required in accordance with Part Ill, Section 10:57 (4) of the regulations Wildlife habitat restoration or replication areas Other _ Point Source Discharge Description of characteristics of discharge from point source (bath closed and open cnannel). when point of discharge falls within resource area checked under Part 1, item 1 1 above, as supported by stanbard engineering calculations. data anc plans, including but not limiter to the following: 3-4 1 . Delineation of the drainage area contributing to the point of discharge: 2. Pre- and post -development peak run-off from the drainage area, at the point of discharge, for at least the 10 -year and 100 -year freauency storm: 3. Pre- and post -development rate of infiltration contributing to the resource area cnecked under Part 1, item 11 above: 4. Estimated water quality characteristics of pre- and post -development run-off at the point of discharge. Part IV: Mitigating Measures 1 . Clearly, completely and accurately describe, with reference to supporting plans and calculations where necessary: (a) All measures and designs proposed to meet the performance standards set forth under each re- source area specified in Part II or Part Ill of the regulations: or (b) why the presumptions set forth under each resource area specified in Part It or Part 111 of the regula- tions co not apply. = Coastal Resource Area Tyoe:1— � �,� I loentdying numoer or letter X Iniano IUFFr- EIS z0►-µ= I of Su000rt documents 1"'�5LLA-0a,! OF GLIM FILL 1✓ MEED -14L WITISW 100' elJFt--rEr- ZO Z - PILL TO F*�.; � COO PWEQ µ,/ILL d DT C� ct_ P3 15(.0 511 - 3/3 s► LT b✓1✓ i'l�.l.�p 5 ,&T Toe of 5LOPE -- '�;eE Coastal Resource Area Tyoe: Identifying number or letter Inland of Su000rtt7ocuments Ir I I I 1 I I i 1 3.5 Part V: Additional Information for a Department of the Army Permit 1. COE Application No. 2. (to be provided by COE) (Name of waterway) 3. Names and addresses of property owners adjoining your property: 4. Document other project alternatives (i.e.. other locations and/or construction methods. particularly those that would eliminate the discharge of dredged or fill material into waters or wetlands). 5. 8'.,4 " x 1 1 " arawings in planview and cross-section, showing the resource area and the proposed activ- ity within the resource area. Drawings must be to scale and should be clear enough for photocopying. Certification is required from the Division of Water Pollution Control before.the Federal permit can be issued. Certification may be obtained by contacting the Division of Water Pollution Control,1 Winter Street, Boston, Massachusetts 02108. Where the activity will take place within the area under the Massachusetts approved Coastal Zone Management Program, the applicant certifies that his proposed activity complies with and will be conducted in a manner that is consistent with the approved program. Information provided will be used in evaluating the application for a permit and is made a matter of public record through issuance of a public notice. Disclosure of this information isvoluntary, however, if necessary information is not provided, the application cannot be processed nor can a permit be issued. I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying pians, documents and supporting data are true and complete. to the best of my knowledge. e Date 6CIr 10, ISD Signatu a of Applicant's Representative Date FORM -Exception to ENG Form +3+5 approved by HQUSACE. 6 May 1982". _ N E D 0100 (TEST). 1 MAY 8 2 h'a aocument contains a joint Department of the Army ■no State of Maasacnusetts application (or a permit to obtain permission to perform activities in United States eaters. The Office of Management and Budget (OMB) has approved those question* required by the US Army Corps _ of Engineers. OMB Number 0702-0036 and e:ptrauoa d+te of 30 September 1983 appiies" This statement r01 be set in 6 point type. 3.7 0 I �w ����'�' 01 z45 -l► FG. ►c s 1 N/F X2140, Pzj. ►8� wF-NTZEL 13 CIO zsas RS 254 !z7 3 7/ •>6 oyr 76, 7 U 0o N cs �= N ` -9 N V'_ 25 -` 00 26 27 n 2.,�0� N 0" V � 0 G IZZ.�c' .0 L- 8s �O' C"80.-8' s$. �=8683' C C `74.sp 7 9'f 71O' /Y (00.22 '75.(70 ¢ f 3o p od SZ •*p g viol' i5"w oo o Iyo►' oi' Id°� ¢•�� Q o0 Scale: 1"=100'-0" The :r Berkshire Design Group Landscape Architecture Community Planning 4 Allen Place Historic Preservation Northampton, Massachusetts 01060 Urban Design (413) 586-9541 P6, 167 44 qC 0 �I45.a',�BN l . 'VL�iS0cx�' 45 �1�44cl��8 Y�c C'►4545' o � hh of �p�c1 R. 41��� , Maple Ridge N.O.I. Layout Plan Sheet No. I- 2 �KZGS,ZI 3 310 CMR 10.99 Form 9 = Commonwealth = of Massachusetts =� 36-269 MAP ID# 36-270 „EZE Fie No C -o vr. ,v�1iCzr. Christensen — Howard M,4/2ci ,210<<: 246-247 'o oe oro,. ice-_ oy DEZ�. Northampton Enforcement Order Massachusetts Wetlands Protection Act. G.L. c. 131, §40 Northampton Wetlands Protection Ordinance From Northampton Conservation Commission Issuing Authority To Christensen—Howard, Inc. 76 King Street, Northampton Date of Issuance August 29, 1990 Property lot oarcei number. address Lots 24 & 25 Maple Ridge Subdivision Extent and type of activity: Fill being moved improperly in and around a wetland, and lack of compliance with Order of Conditions on restoring wetland. The . Conservation Commission has determined that the activity described above is invioiationof the Wetlanas Protection Act. G.L. c. 131. §40. and the Regulations promulgatea cur- suant thereto 310 CMR 10.00. because: _ Said activity has been.is being conauctea without a valid Order of Conditions. I Said activity has been; is being conducted in violation of an Order of Conditions issued to Ch i G P.,cPn— Howard, Inc. ,dated December 4, 1989 Renumber 246-247. Condition number(s) 15, 16, 17 _ Other (specify) The Northampton Conservation Commission hereby orders the following: • The property owner, his agents, permittees and all others shall immeaiately cease and desist from further activity affecting the wetland portion of this property. • Wetland alterations resulting from said activity shall be corrected ana the site returned to its original con- dition. 9-1 Effective 811189 Completed application forms and plans as required by the Act and Regulations shall be filed with the Northampton Conservation Commission on or before (date). and no further work shall be performed until a public heanno has been held ano an Oraer of Conations has been issued to regulate saga work. Application forms are available at: City Hall, 210 Main Street Office of Planning an Development X The property owner shall take every reasonable stec to prevent further violations of the act. E Other (specify) By September 10th applicant must restore area, under supervision of wetlands consultant, in accordance with Notice/Order 246-247. Applicant can be fined $100/day for each day since July 15th. Commission will take enforcement action on September 10th if site is not restores. Failure to comply with this Order may constitute grounas for legal action. Massachusetts General Laws Chap- ter 1 3� 1 . Section 40 provides: Whoever violates any provision of this section shall be punished by a fine of not more than twenty-five thousand oollars or by imprisonment for not more than two years or both. Each day or portion thereof of continuing vioiat(on shall constitute a separate offense. Conservation Commission (586-6950) Questions recardinc this Enforcement Order should be directed to: Office of Planning and Development Issued by Northampton Conservation Commission Signatures) cc: Building Inspector Berkshire Design, Board of Health Planning Board 4 Allen Place 9-2 Certified Mail # P 890 359 594 (Signature of delivery person or certified mail number) ..r CHRISTENSEN • HOW 76 KING STREET NORTHAMPTON, MA 0101 U Mr -David Gengler FIAL 1.413-586 7222 2 6 1990 Chairman City of Northampton Conservation Commission City Hall Northampton,Ma 01060 Lot 24 Maple Ridge Dear Mr.Gengler: July 25,1990 We apologize that the fill has not been removed from Lot 24 in Maple Ridge by the July 15,1990 date specified in the Order 6f Conditions dated December 4,1989. We have contracted'. with Hilltown Excavation (Fran Dima- ssimo) to remove the fill in the wetland area on Lot 24. We expect to be finished the fill removal and site stabilization program by August 15,1990. Your continued cooperation is appreciated. WJ C Copy:Berkshire Design Group Sincerely, Christensen -Howard Inc. G — _)— y J C v/ A O flydp, -.1 o A -, A—r/// t„ TO: FROM: RE: DATE: Penny Kim, Planning Director Wayne Feiden, Environmental Planner Maple Ridge Subdivision July 20, 1990 6,,-,'f .-4 '7/ 2,a% / i As you requested, I am providing a summary of the Conservation Commission's involvement with the fill placed on lots 24 and 25 in the Maple Ridge Subdivision (developed by Christensen -Howard Inc.): Last fall the Conservation Commission received a complaint that fill was placed in a wetland at the Maple Ridge Subdivision. We has a site visit to the site and determined that there was some fill on lots 24 and 25 that were in a wetland. The wetland was not shown on either the original subdivision plans or wetland permit that was issued to the subdivision several years ago. I contacted Christensen and Howard and discussed the problem. They contacted their consultant, Berkshire Design, and in late October I met Richard Klein, of Berkshire Design, on the site with several Commissioners. The consultant indicated that it was possible that the site was not a wetland when the fill was placed on the site, but they would submit a filing for a wetlands permit and assume the site had always been a wetland. Christensen and Howard filed for a permit on November 20, 1989. The proposed removing all of the fill in the wetland and in a buffer around the wetland, but leaving some of the fill in areas that would not disturb the resource area. After a public hearing the Commission issued a wetlands permit on December 27, 1989 approving the applicant's plans, with the condition that all fill be removed by July 15, 1990. I sent a copy of the wetlands permit to Bruce Palmer, Building Inspector, in December, 1989 and notified him that there was a possible zoning code violation at the time. When the original complainant contacted me on July 10th, I informed him that Christensen and Howard had until July 15 to remove the fill in terms of the wetlands permit, but he might also want to file a complaint with the Building Inspector. I also had a discussion with Peter Mcerlain, Health Agent, who viewed the fill in July, 1990. Pete indicated that asphalt had to be removed from the fill pile, but otherwise he found no sign of rubbish or other health hazards in the fill. I met with Milton Howard and Peter Wells of Berkshire Design on the site in early July to discuss the removal of the fill. Milton and Peter then met with the contractor, who indicated he would start work immediately, but might not finish until shortly after July 15. I spoke to Peter Wells today, who indicated that the contractor began the project but that most of the work has not been completed. He is going to follow up with Christensen and Howard. When the Commission meets on July 23 they will probably arrange a site visit to view the progress of the work on the site. 310 C"VIR 10.99 Form 5 3 Commonwealth of Massachusetts == Map ID T 36-269 & 36-270 ^o m . 00, DECE F• e No 246— 2L4 - .'c Northampton C.ty Town aooccant Christensen -Howard Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131. §40 Northampton Wetlands Protection Ordinance :Northampton Conservation Commission Christensen -Toward, -DIc. game cf Acc!.canti 76 King Street �cc. ess Northampton, MA_ 01060 Th:s Crcer s ssuec arc celiverec as follows Christensen -Howard, Inc. 'varve cf crccer' c.:nen Address tv hark cei very to applicant or representative on care i cDecember,,W 1989 ca' • ^-a�; rer.;rn receic' recuested on This cr�;ect s locatec at Lots 24 & 25, Maple Ridge Rcad -re 2=e—,recorcec at the Registry of Hampshire Count 3012 122 scc, 2445 aace 215 i9/A 7-1e Vctice 7,f Intent fcr ,nes pr01eC was filec on November 20, 1989 (care, The public hearing was closed on December 4, 1989 (date) y �/G� F'6r' rl .E'NC•'F�'c'f �a��6/fs� 'r Findings The Northampton Conservation Commission has reviewed the above -referenced Notice c' 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): u Public water supply Flood control ❑ Land containing shellfish Private water supply Storm damage prevention Fisheries Ground water supplyPrevention of pollution Protection of wildlife habitat Filing Fee S 110.00 (Commission share: x'67. 50 DEP share: 542.50 Refund Due S -0- (50% from City, 50% from Commonwealth) Effective 8/1/89 5-1 low "VA01 Therefore. the Northampton Conservation Commiss*Peby finds that the following conditions are necessary. in acccrcance warn the Perormance Standares set forth in the reculauons, to protect those nter- Conservation Commission ests checked acove. The orders that all work shall be perormed in accoreance with saie conditions and with the Notice of Intent referenced acove. To the extent that the fol- lowing ccnc:ticns moody or eiffer from the plans. specifications or other proposals suemtted with the Notice of Intent. the ccnaitions snail control. General Conditions 1 Failure to ccmcly with all coneitions stated herein, ane with ail related statutes anc other reculatory meas- ures. snail ce ceemea cause to revoke or mccify this Orcer. 2. This Orcer Ices not crant any proeery richts or any exclusive privileees. it does not authchze an,!, n:ur.. to private erocerty or invasion of private rights. 3. This Orcer aces not relieve the permittee or any other person of the necessity of comciyinc with. all etner accucacie fecerai. state or local statutes. ordinances. by-laws or regulations. -he 'NcrK autrcr zec hereuncer wall be comcletea ,vithir three ;ears from the ca:e of tn,s Order u ,!ccc either of the followrnc acc!v: (a) the work is a maintenance areecing project as crovicea for in the Act: or (b) the rime for completion nas been extended to a seecified date more than three years, but less tnan five years. from the date of issuance arc: both that date and the special circumstances warrartinc the extencec time period are set forth in this Orcer. This Orcer may pe extencec by the issuing author?.. `or one or more per ccs of Up to three years e=gn upon aecucation to the issuwnc authority at least 30 days prior to the exciration date of the Omer. 6. any fill usea in connection with this project snail be c,ean fill, containing no trash. refuse. rubbish or ce- bris.:rciuc;rc but not limiter to lumcer. bricks. plaster. wire. lath. pacer. caraboard, pice. tires. asnes. refrigerators. motor venicles or parts of any o' the foregoing. 7. No worK snail be urcertaken until all administrative acceal cerioas from this Order have elaosea or. if sucr, an acpeai nas peen fiiec. until ail proceecines pefore the Department have ceen cc. ,cietee. 8. No wcrK snail be uncertawen Until the Finai Order has peen reccrcea In the ReC SM! OT 'Deecs or ^.e Lnc Court 'or the district in wnich the lane :s locatec. within the chain of title of the arectee crocerty. In the case of recorded land. the Final Order snail 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 Commissin_ on the form at the end of this Order prior to commencement of the work. 9. A sign shall be disciayed at the site not less than two square feet or more than three square feet in size bearing the wores. "Massachusetts Department of Environmental Quality Engineering, File Number 246— 2 Lf ;7 10. Where the Department of Environmental Quality Engineering is requested to make a determination anc to issue a Superseeing Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 1 1. Upon completion of the work described herein. the applicant shall forthwith request in writing that a Certificate of Compuance ee issuee stating that the work has been satisfactorny completed. 12. The work snail conform to the following plans and special conditions: 5-2 Plans: Title Datec Signed and Stampec by: On Fie with: Maple Ridge N.O. 1 Grading Plan Undated Berkshire Design Group Northampton Cons. Commission Conservation Commission Conservation Commission Conservation Commission Scec:al C,:;ncincns Use acts;cnal cacer J necessary) 1) All construction areas shall be restored to original 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 CI-1apter 1-31, Section, M.G.L, shall be permissible 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) Adecuate 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 'dater Conservation in Urbanizing Areas of Massachusetts." Placement shall be directed at the site by he 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. 5) The 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, including condition 4 above. 6) This Order of Conditions shall apply to any successor in interest or successor in contzol; 7) 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 for that evaluation; 8) (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 the approved Order of Conditions: (X ) YES ( ) NO 9) (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 ...... ......................................................................................................................................................... (Leave Scace SlanKi -3A P!ans: (see also page 5-3A) 7tle Dated Sicrec anc Stamcec cy: Cn riie wiin: Conservation CcsW iss-on Ccnser,aticn Ccrser.ac_cr. cr,�_ss4,. Scec.ai Ccrc„c^s iusa �'�.:i ural "ace( J1 riecessar,( 10) Me Acplicant shall notify the Cone_^ anon Co=ission, in writing, as to t a date t`'at wor. be commencing on the project. Said written notificat_on must be rece•-.ed by =e Cemmissicr, :c sooner -�.an tan (:O) days and ao later than five (5) days pr; or to t':e commencement of the apn=ved act-,viz,7. --/ 'Me AcrlicaSnt saal: cc=leta and execute to at=meted :==...C:�_1T "i"'•IC«ty of '�iS���L:. �=-_.s_i✓$ RE=1C�'ICSS iDL,, !.G.-. C._,S.=O relative t.. Lots 23, 24, 25, & 26 SaidAi �C� ii "A” scall be ac;ac:.ed to, beccce a part of, and scall be filed with tris Order of Conditions at .`ie Regis(:., of Deeds. L%e ADDl-cant shall retuxn a copy of the completed and notarizedA."�C::'«�: "A" to the Conse^anon Commission Shen the bottom :o= -on o ?age _--�LA of this Order is -ev ed. (X ) YES ( ) 10 :2) Anv fill used in tis project shall be clean =i1: zn_y, :thio:: can include soil gavel, lock, and _cam. Me app:i^._ant is crcnibitad .rcm using demaic..ion materials, as. aft, la:-ge =,=kz C concrete, t=ee s :-. Ts and _� bs, and general refuse. -'-) '=`-e con==dor is _esponsible with `te applicant and prepert7 owner :or any v:clazion and t.:e penalties under `e law for suc: violation. white all act -4r -ties regulated by :_`pis Order are be_.3 perfo—ed and du==g t'ie const:zcticn phase for this project, an on-site foreman, diract_.3 engineer, or designated cors zction manager, szial-' :ave a cony of z!lJs perm=( at tte site, familiarized '._mself, or herself with the conditions of this cermit, and adhere to such conditions. A copv of the ?lays and Order must aixays be on-site and in all excavat_:.g :achi:arr when '.tory is be, -^.g per-_'ormea. 14) All fill shown on the plans must be removed from Lot 24 and a revised sheet 3/3 must be submitted showing all tae fill removed on Lot 24 PRIOR to the commencemE of any ;cork on the site. i5) A hudrauZic connection ,'crust be made between the isolated we7Zand and The bordering wetZand by removing the fill in a channeZ wide enough for free movement of water. 16) All work must be completed and the site stabilized with vegetative cover by July 15 ------ 1990. 17) A quaZified wetZands eonsuZtant must supervise aZZ wetZands work (but does not need to be on-site during aZZ of the construction.) ....................................................................................................... ........ . (Leave icace :iar.xi Issued By Northampton re(s) L - h Conservation Commission This Order must be signed by a majority cf the Conservation Commission. On this 4th day of Personally appearec December 1919-, before me to me known to be the person described in and whc executed the foregoing instrument and acknowledged that he she executec the same as his, her free ac' and deed.` YN M. FEIDEN mow'' NOTARY PUBLIC Ry COMMIS*ION SXPIANG JAN. ta. 1996 Notary Pucilc My commission expires The applicant, ;he owner. any person aggrieved by this Order, any owner of lana aoutung the fano upon wnicn ine proposed worK is to oe cone or any ten res cents of me city or town in whtcn such land is located are hereby notif ec of their ngnt to request the Department of Environmental Quality Ene.neenng to issue a Suoerseeing Order. providing me request is mace oy certified mail or hand oenvery to Ine Department, wan the apprcor:ate filing fee and Fee Transmittal Form as prov aea in 310 CMR 10.03(7), within ten days from the date of issuance of this Order. A copy of the request snail at lne same time be sent by certified man 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. ......................... ............................................................. I .......................................................... .. To Northampton Conservation Commission Issuing :.uthont, Please be aav sed that the Order of Conditions for the project at_ Map Ze Ridge File Numoer 246— 2 q7 has oeen recorded at the Registry of _ Hamnshire County dna has been noted n the chain of title of the affected property in accordance with General Condition 8 on If recorded land. the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is _ Signature 19 Aconcant 5-4A A=ACIMn "All NOTICE OF POSSIBLE WETLAND RESTRICTIONS UNDER M.G.L. C.131, S.40 I the owner of certain property located at Northampton, Hampshire County, Massachusetts, being the same property described in a deed frcm to dated , and recorded in the Hampshire County Registry of Deeds at Book -ase do hereby state that said property may be subject to the provisions of the Wetlands Protection.Act an Order of Conditions and/or a determination, o= applicabilit-Y frcm the Conservation Commission of the City oc Northampton. Ary cerst_-uc-ion upon or alteration to said property may require action by said Conservation Commission. I hereby agree and state that any 4 st._-ument conveying any or all of my interest in said property or any portion thereon shall contain language substantially as follows: This property may be subject to the Wetlands Protection Act , an Order of Conditions, and/or a determination of applicabilit'Y from the Conservation Commission of the City of Northampton. COMMONWEALTH OF MASSA =SE'I'I'S HAMPSHIRE, ss 199V Then appeared personally the above named and acknowledged the foregoing to be his/her free act and deed, before me - Notary Public My ccrnmission expires 310 CMR 10.99 For ' 246- EOE File No.. 7 + �• CommonwealthY (To be Drov+oea by vcCE. ' f M husetts Northampton City Town ADPlicant Notice of Intent Under the Massachusetts Wetlands Protection Act, G.L. c. 131, §40 and Application for a Department of the Army Permit Northampton Wetlands Protection Ordinance Part I: General Information Location: Street Address Maple Ridge Road, Northampton, MA 01060 Lot Number 24/25 Assessors, Map # 36 , Parcel # 269/270 2. Project: Type Subdivision Description fill area over wetlands to be removed and wetlands reestablished 3. Registry: County Hampshire Certificate (If Registered Land) 3012 122'. Current Book 2445 & Page 215 4. Applicant Christensen -Howard Inc. Tel.(413.)9AR-7292 Address 76 King Street, Northampton, MA 01060 b. Property Owner (same as applicant) Tel. Address 6. Representative The Berkshire Desicfn Group Tel(413)586-9541 Address 4 Allen Place, Northampton, MA 01060 7. a. Have the Conservation Commission and the Departments Regional Office each been sent, by certified mail or hand delivery, 2 copies of completed Notice of Intent, with supporting plans and documents? Yes 9, No (71 b. Has the fee been submitted? Yes 5. No u Commission share: $ 67..50 DEP shares $ 42.50 c. Amount of the fee submitted: d. Is a brief statement attached indicating how the applicant calculated the fee? Yes 9 No C e. Permit requested under: Mass. Wet�aPds Protection Act (310 CMR 10) : �/ Northampton Wetlands Protection Ordinance: Effective 3/1/89 8. Have all obtainable permits. variances and approvals required by local by-law been obtained? Yes x No = Obtained: Applied For: Not Applied For: 9. is any portion of the site subject to a Wetlancs Restriction Order pursuant to G.L. c. 131. §40A or G.L. C. 130. § 105? Yes = No 2 10. List all plans anc suoodrting documents suomitted with this Notice of Intent. Identifying Numcer Utter Title. Date Sheet 2/3 100 scale layout plan Sheet 3/3 100 scale grading plan 1 1. Check those resource areas within which work is proposed: (a) x Buffer Zone (b)Inland: BankLand Subject to Flooding. Boraering Vegetated Wetland' _ Bordering Land Under Water Body & Waterway' _ Isolated (c) Coastal: Land Under the Ocean' Coastal Beach' Barrier Beach Rocky Intertidal Shore' Land Under Salt Pond' Fish Run' Designated Port Area' Coastal Dune Coastal Bank .= Salt Marsh' Land Containing Shellfish' Likely to involve U.S. Army Corps of Engineers concurrent jurisdlction. See General Instructions for Completing Notice of Intent. 3-2 12. Is the wetland resource area to be altered by the proposed work located on the most recent Estimated Habitat Map (if any) of rare. "state -listed" vertebrate and invertebrate animal species occurrences provided to the conservation commission by the Natural Heritage and Endangered Species Program? YES ( ] NO (X ] Date printed on the Estimated Habitat Mao issued NO MAP AVAILABLE ( 1, (if any) October 1987 If yes, have you completed an Appendix A and a Notice of Intent and filed them, along with supporting documentation with the Natural Heritage and Endangered Species Program by certified mail or hand delivery, so that the Program shall have received Appendix A prior to the filing of this Notice of Intent? YES ( ] NO ( ] 3-3 Part II: Site Description Indicate which of the followmy information has been provided (on a plan. in narrative description or calcula- tions) to clearly. completely and accurately describe existing site conditions. Identifying Number Letter (of plan. narrative or caiculations) Natural FeStureS Soils Sheet 3/3 vecetavcn Sheet 3/3 T000craonv Ocen water bcc;es (inciucing pcncs and lakes) Flowing water bodies (including streams and rivers) Publ;c anc private surface water a..^.c grouna water supplies an or within 100 feet of site Maximum annual grouna water eievations with dates and location of test Sheet 3/3 Bouneanes of rescurce areas c^eckec under Part I. item 1 1 above Other Man-made Features: Structures )suc^ as buildings. piers. towers ana headwalls) Drainage and flcoc control facilities at the site and immediateiy off the site. incluc;ng culverts anc open cnanneis (with inverts). cams anc dikes Subsurface sewage disposal systems Unceryr--unc ut;iities ShPPt: 3,/i Roaaways anc Parking areas Sheet 2/3 Prooerty boundaries. easements anc rights-of-way Other Part III: Work Description Indicate which of the following infcrmation has been oroviced son a Pian. in narrative cescnc:von or caicuia- tions) to clearly. completely anc accurately describe work proposed within each of the resource areas checked in Part I. item 1 1 above. Identifying Number. Letter (of plan. narrative or calculations) Planview and Cross Section of: Structures (such as buildings. piers. towers and headwalls) Drainage and flood control facilities. including culverts ana open channels (with inverts). dams and dikes Subsurface sewage disposal systems & underground utilities Filling. dredging and excavating. indicating volume and composition of material Compensatory storage areas. where required in accordance with Part III. Section 10:57 (4) of the regulations Wildlife habitat restoration or replication areas Other Point Source Discharge Descriotion of characteristics of discharge from point source (both closed and open channel). when Paint of discharge falls within resource area checked under Part I. item 1 1 above. as supported by standara engineering calculations. data and plans. including but not limited to the following: 3-4 ..i 1 . Delineation of the drainage area contributing to the point of discharge: 2. Pre- and post -development peak run-off from the drainage area. at the point of discharge. for at least the 10 -year and 100 -year frequency storm: 3. Pre- and post -development rate of infiltration contributing to the resource area checked under Part I. item 1 1 above: a. Estimated water quality characteristics of pre- and post -development run-off at the point of aiscnarge. Part IV: Mitigating Measures 1 C:early. comcleteiv and accurately describe. with reference to supporting plans anc calcuiations wnere necessary: lay All measures anc eesigns proposed to meet the performance standares set forth uncer each re- source area soecifiee in Part II or Part III of the regulations: or I-) wny the oresumotions set forth unaer each resource area soecifiea in Part II or Part III of the reguia- tions cc not a--oiy. _ Czas;ai Resource Area Tyre icentry.rr 11u.+cer cr iette• Sedimentation and Erosion Control Sheet 3/3 During removal of fill and final soil stabilization, Sheet 3/3 anti-siltation/erosion techniques shall be applied on all disturbed areas in accordance with specifications in Erosion & Sedimentation Control in Site'Development, Massachusetts Conservation Guide Volume 1, U.S.D.A. Soil Conservation Service, Amherst, MA, Sept. 1983. Specific Techniques to include Haybales, spreading straw, and seeding. _- Ccastai Resource Area Type: $ Intano lCenutying numoer or letter of suocort CCcuments * Drainage swale doesn't flow at all times of year. If Sheet 3/3 possible, work will be carried out w�ien water isn't flowing. * Carrying capacity of existing channel will be restored to original condition. * Haybale dikes will be used on the downstream side to prevent siltation or sedimentation erosion or contami- nation of any water present. 3-5 Ccava. Resource Area Tyoe iniarc Icennfyingnumcerc-:ette, :f sucoon cocumenas 2. C;ear!,: , comcietely anc accuratew cescnbe. with reference to sup-orting ;;ians anc calculations rers necessary. ia) all measures and designs to regulate work within the Buffer Zone so as to ensure that sala work does not alter an area specified in Part I. Section 10.02(1) (a) of these regulations; or 'bi if work in the Buffer Zone will alter such an area, all measures and designs proposed to meet the performance standards established for the adjacent resource area specified in Part If ar Part III of these regulations. C:asta• Resource .area Tyoe :oreerec t 00 -Foot Discrenonar; Zcre: ;-zen;rwng nur*ce• cr •e!*e• 3-6 Part V: Additional Information for a Department of the Army Permit COE Application No. 2. e (to be provlaed by COE) (Name of waterway) 3. Names ana addresses of property owners adjoining your property: a Dccument caner orclect alternatives (i.e.. other locations anc cr cons::uc:ior methods. carticuiarl;::ncse ,,,at eliminate t~e alsc^arge of drecgec or fill material Intc ,.eaters or wenancsl. c ` s " x 1 1 " orawincs In planvlew and cross-section. snowing ;he resource area ana the orcpcsee act:v• ivy wltnln the resource area. Drawings must be to scale ana should me clear enough for onotocopymg. Certification is required from the Division of Water Pollution Control before the Federal permit can be issued. Certification may be obtained by contacting the Division of Water Pollution Control.1 Winter•Street. Boston. Massachusetts 02108. Where the activity will take place within the area under the Massachusetts aoproved Coastal Zone Management Program, the applicant certifies that his proposed activity com-plies with and will be conductec in a manner that is consistent with the approved program. Information provided will be used in evaluating the application for a permit and is made a matter of public recora through issuance of a public notice. Disclosure of this information isvoluntary, however. if necessary information is not provided. the application cannot be processed nor can a permit be issued. I hereby certify under the pains and penalties of perjury that the foregoing Notice ol•Intent and accompanying plans. documents and supporting data are true and complete. to the best of my knowledge. Signature of. Signature of Applicant's Representative Date Date FORM "Exception to ENG Form 4145 approved by HQUSACE. 6 May 1982". NED 100 (TEST).. 1 MAY $ 2 This document contains a )pint Department of the Army and State of Massachusetts application for a permit to obtain permission to perform activities in .Cniteo States Waters. The Off:ce of Management and Budget iOMBI has approved those questions required by the CS Army Corps -f Engineers oM8 •Xumoer 0:0=-0075 and ixpirsrton Bate of 30 September 1?53 app,irt Th: P statement Will be ret in 6 point type. 3.7 The Berkshire Design Group 111 ikcape Architecture c.ollimunity Planning fiistt�ric PreservatiOn Urban Design The fee for lots 24/25 Notice of Intent was determined under Category 1, item b which states "Site prepartion of each single family house lot, including removal of vegetation, excavation and grading, where actual construction of the house is not proposed under the Notice of Intent". The price per lot under Category 1 is $55.00. 7The rkshire Design Group ohn A. Love, Associate 4 Allen Place Northampton, Massachusetts 01060 (413) 586-9541 AdI'lirn,1nn, ur 1`1tik- (,Q-09.18 NO'T'ICE OF INTENT FEE TRANSt=AL FORM NO'T'ICE OF Rn= (NOI) APPLICANT: Name C117..ristensen-Howard, Inc. Street 76 King Street Name (Same) Street City/Town North ton City/Town State MA - Zip Code 01060 Phone Number (413) 586-7222 State Zip Code Project Location: Street/Lot Number Maple Ridge Road- Lots 24/25 City/Town Northampton DEP FILE NUMBER (if available) NOI FILING FEE Total NOI Filing Fee: $ $110.00 State Share of Filing Fee: $ $ 42.50 (1/2 of fee in excess of $25.00) City/Town Share of Filing Fee: $ $ b7 r,0 INSTRUCTIONS Total Disputed Fee: $ (as determined in Notice of Insufficient Fee letter from conservation commission) State Share of Fee: $ (1/2 of total disputed fee) City/Town. Share of Fee: $ (1/2 of total disputed fee) 1. Send this Fee Transmittal form with a check or money order, payable to the Commonwealth of Massachusetts, to the DFP Lock Box at: , Department of Environmental Protection Box 4062 Boston, MA 02211 2. Attach a copy of this form to the Notice of Intent submitted to the local Conservation Commission. 3. Attach a copy of this form and a copy of the DFP check to each of the Notice of Intent forms submitted to the DFP regional office. 11/10/89