36_-248_letterAG 46 Maple Ridge Rd- order of conditions310 CMR 10.99
Form 5
„rte
Commonwealth
of Massachusetts
MAP ID#.
36-248
DEP Fie No. 246- 266
(ro be =vow q OEM
ciry,Town Northampton
Aooacant Hamilton
D oC ,r/ a 0 73s'
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 1 31 , §40 AND THE
NORTHAMPTON WETLANDS PROTECTION ORDINANCE
From Northampton Conservation Commission
To Scott & Kim Hamilton
(Name of Apoiicant)
10 Jewett Street
Adcress
Northampton, MA
This Croer is issued and deiivered as follows:
by hand delivery to applicant or representative on
caress
Same
(Name of property owner)
(date)
Z by certified mail, return receipt requested on July 14, 1990 (date)
This project is located at 46 Maple Ridge Road
The property is recorded at the Registry of Hampshire County
Book 3565 Page 137
Certificate (if registered
The Notice of Intent for this project was filed on June 4, 1990 (date)
The public hearing was closed on July 9, 1990 (date)
Findings
The Northampton Conspruati
nn Commi gsi an has reviewed the above-ref4ranced Notice of
Intent ana plans ana nas neid a public
hearing on the project. Basea on the information available to the
Conservation Commission
_ atthis time, the Commission has oetermined that
the area on which the or000sed 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
LAI Flood control 1-7 Land containing shellfish
Private water supply
M Storm damage prevention Fisheries
❑. Ground water supply
LAI Prevention of pollution ® Protection of wildlife habitat
Total Fling Fee Submitted
$250 State Share $112.50
CltylTown Share $137.50
fee in excess of S25)
Total Refund Due S -0-
City/Town Portion S State Portion S
(1/z total) (1/2 total)
Effective 11/10/89 5-1
Therefore. the Northa=tnn 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 accorcance with said conditions and with the Notice of Intent referenced above. To the extent that the foi-
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 ail conoitions stated herein, and with all related statutes anc other regulatory meas-
ures, shall be deemed cause to revoke or modify this Order.
2. This Orcer does not grant any property rights or any exclusive privileges; it does not authorize any injury
to onvate oroperry or invasion of private ngnts.
3. This Orcer does not relieve the permittee or any other person of the necessity of complying with ail
other applicable feceral, state or local statutes, ordinances, by-laws or regulations.
4. The work authorized hereunder shall be comoieteo within three years from the care of this Orcer unless
either of the following apply:
(a) the work is a maintenance oredginc project as provided for in the Act: or
(b) the time for completion has been extenced 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.
o. Any fill used in connection with this project snail be clean fill, containing no trash, refuse. rubbish or de-
bris, including but not limited to lumber, bricks, piaster, 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.
S. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located, within the chain of title of the affected property. In the
case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the lano upon which the proposed work is to be done. In the case of registeredland, 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 Commi ssi_an
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,
Fie Number 246— 266
t 0. Where the Department of Environmental Protection is requested to make a determination and to issue
a Superseding Order, the Conservation Commission snail be a parry 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 oe issued stating that the work has been satisfactorily comofetec.
2. The work snail conform to the following pians anc special conditions:
5-2
Pians. (See also Page 5-3 B)
Title Dated Sioneo and Stamoed by: On Fife wait
Hamilton 6/4/90 jr%3
Residence Revised Berkshire Design Group Northampton Cons. Commission
Catch Basin
Hamilton Unsigned Conservation Commission
Conservation Commission
Conservation Commis ion
Soeciai 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) (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
approved Order of Conditions: ( X)YES ( )NO
............................................................................................................................................................................ ...
(Leave Soace Blank)
5.3
Pians: (See also page 5-3A)
Title Dated Signed and Stamped by:
Special Conditions (use additional paper if necessary)
On File with:
Conservation Commission
Conservation Commission
Conservation Commission
Conservation Commission
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 (X )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 Applicant shall complete and execute the attached ATTACHMENT "A"/NOTICE OF POSSIBLE
WETLANDS RESTRICTIONS UNDER M.G.L. C.131, 5.40 relative to ENTIRE LOT
Said ATTACHMENT "A" shall be attached to, become a part of, and shall be filed with this
Order of Conditions at the Registry of Deeds. The Applicant shall return a copy of the
completed and notarized ATTACHMENT "A" to the Conservation Commission when the bottom
postion of Page 5-4A of this Order is returned. ( X)YES ( )NO
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 ba 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 Co s
X Additional special conditions on Attachment A 3ur�isdiction.
.......................................................................................................... ..........................
(Leave Soace 3tamK
5-3B
Issued By Conservation Commission
This Order must be signed by a majority of the Conservation Commission.
On this 9th day of July 19 90 , before me
personally appeared �� C'U � eww",-1t°1. , to me known to be the
Person described in and who executed the foregoing instrument and acknowledged that hershe executed
the same as his/her free act and ceed. WAYNK M. PEIOEN
Notary PAC
NOTARY PU"1.1-
My COMMISSION L V : c ' • . Is. 1936
My commission expires
The applicant, me owner, any person aggrieved by this Oroer, any owner of land abutting the land upon which the or000sea work is to tie
cone. or any ten residents of the city or town :n wnlcri such land :s locatea. are hereby notifies of their night to request me Department of
Environmental Protection to issue a Superseding Oroer, providing the request is made by certified mall or hand eelivery to the Department.
with me appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from me nate of issuance of this
Determination. A copy of the request snail at the same time oe sent by certrfled mad or hand oeiivery to the Conservation Commission
and the applicant.
Detach on dotted line and submit to the Northampton Conservation COMM- prior to commencement of work.
-a Northampton Conservation Commission issu:n(;Autnor,;v
Please be advised mat the 0roer of Conaltions for the protect at 46 Maple Ridge, Lot 3
ie Number 246- 266 nas oeen recorded at the Reglsty of Hampshire County ane
has been notea in the crialn of title of ;tie arfectea orcoerty in accordance with General Condition 8 on , 19
if recorded land. the instiumenI number wrnrwi Identities mis a m%sacl;an M
I' registerea lana. the eocument numoer which identifies this transaction is
S:cna,ure
-4A
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