Loading...
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 -;cc::c3m,