24A-041 & 042 (2) 0
_/ D EI[ JJJJLJI1J
EMAR 2 71998 '
310CMR 10.99 1 DEP File No. 1246-422 ' I
DEPTT OF 8UlL0!NG INSIV HONS , I I
NORTMt1� FTG §,MA C1 5t? (To be provided by DEP)
Form 5 City/Town Northampton
f Northampton (DPW)
Commonwealth i #41 & 42
of Massachusetts
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
and the Northampton Wetlands Protection Ordinance
rom Northampton Conservation Commission Issuing Authority To:
ity of Northampton City of Northampton
c/o Department of Public Works C/o Department of Public Works.
Name of property owner Name of Applicant
125 Locust Street, Northampton, MA 01060 125 Locust Street, Northampton
Address Address
This Order is issued and delivered as follows:
Via intra-city mail
[X] by hand delivery to applicant or representative on March 27, 1998.
[ ] by certified mail, return receipt requested on (date)
This project is located in Northampton at property off Jackson Street.
The property is recorded at the Registry of Hampshire County
Book Page
Certificate (if registered) N/A
Abbreviated
The Notice of Intent for this project was filed on February 6, 1998. (date)
the public hearing was closed on March 9, 1998. (date)
Findings:
The Northampton Conservation Commission has reviewed the above-referenced
Notice of Intent and plans and has held a public hearing on the project.
Based on the information available to the Conservation Commission at this
time, the Commission has determined that the area on which the proposed work
is to be done is significant to the following interests in accordance width the
Presumptions of Significance set forth in the regulations for each Area
Subject to Protection Under the Act (check as appropriate) :
[ ] Public water supply [ ] Flood Control [ ] Land
containing
shellfish
1
w
•
[ ] Private water supply [X] Storm damage prevention [ ] Fisheries
[ ] Ground water supply [X] Prevention of pollution [ ] Protection of
Wildlife
Habitat
Total Filing Fee Submitted SN/A State Share $
(1/2 fee in excess of $25)
City Share $
Total Refund Due $ City Portion $ State Portion $
(1/2 total) (1/2 total)
Therefore, the Northampton Conservation Commission hereby finds that the
following conditions are necessary, in accordance with the Performance
Standards set forth in the regulations, to protect those interests check-d
above. The Conservation Commission orders that all work shall be perfo ed in
accordance with said conditions and with the Abbreviated Notice of Inten
eferenced above. To the extent that the following conditions modify or
differ from the plans, specifications or other proposals submitted with he
Notice of Intent, the conditions shall control.
General Conditions:
1. Failure to comply with all conditions stated herein, and with all related statutes an. other
regulatory measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does n.t
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-1:ws 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:
I (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 lee
years,but less than five years, from the date of issuance and both that date : d the
special circumstances warranting the extended time period are set forth in 's
Order.
5. This Order may be extended by the issuing authority for one or more periods of u. to
three years each upon application to the issuing authority at least 30 days prior to • e
expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill, containing no tras .
refuse, rubbish or debris, including but not limited to lumber,bricks,plaster,wire, lath,
paper, cardboard, pipe,tires, ashes,refrigerators, motor vehicles or parts of any o the
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foregoing. The applicant is prohibited from using demolition materials, asphalt,
large chunks of concrete, tree stumps and limbs, and general refuse;
7. No work shall be undertaken until all administrative appeal periods from this Orde have
elapsed or, if such an appeal has been filed, until all proceedings, before the Dep. ent
have been completed.
8. No work shall be undertaken until the Final order has been recorded in the Regis of
Deeds or the Land Court for the district in which the land is located,within the ch.'n of
title of the affected property. In the case of recorded land,the Final Order shall al-o be
noted in the Registry's Grantor Index under the name of the owner of the land upo I which
the proposed work is to be done. In the case of registered land, the Final Order sh.11 also
be noted on the Land Court Certificate of Title of the owner of the land upon whic the
proposed work is to be done. The recording information shall be proposed work i• to be
done. The recording information shall be submitted to the Commission on the fo II at the
end of this Order prior to commencement of the work. The Commission usually ill
record the Order in the Registry of Deeds. It is the applicant's responsibility o
insure the Order is properly recorded.
9. A sign shall be displayed at the site not less than two square feet or more than thre-
square feet in size bearing the works, "Massachusetts Department of Environmen 1
Protection, File Number 246-422 ."
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 t• all
agency proceedings and hearings before the Department.
11. Upon completion of the work described herein, the applicant shall forthwith reque.t in
writing that a Certificate of Compliance be issued stating that the work has been
satisfactorily completed.
12. The work shall conform to the following plans and special conditions:
PLANS/TITLE DATED SIGNED & STAMPED BY
$'Construction Plan, Jackson Street School 02/05/98 Georg a Andrikidis P.E.
Playground, Sanitary Sewer Rehabilitation,
Prepared by City of Northampton DPW
Engineering Division.
All Plans and information on file with Northampton Conservation Commission
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SPECIAL CONDITIONS:
13. The Commission and its agents shall have the right to enter and inspect the prope at
any time to monitor for compliance with the conditions of this Order, the Act, and
Wetlands Protection Regulations: 310 CMR 10.00 and Chapter 24 of the City's
Ordinances: "The Wetlands Protection Ordinance". They shall have the right to req 'est
and receive any data or documentation that is deemed necessary for evaluation of
compliance.
14. This Order of Conditions shall apply to any successor in interest or successor in co trol;
/15. The owner of the property described in this Order,must advise any potential buyer .f the
property that any construction or alteration to said property, including brush cuttinIA or
clearance,may require approval by the Northampton Conservation Commission.
Any instrument conveying any or all of the owners' interest in said property or any
portion thereof, shall contain language similar to the following:
"This property is subject to the Northampton Wetlands Protection
Ordinance and/or Wetlands Protection Act.Any construction or
maintenance work performed on this property requires an Order of
Conditions, and/or a Determination of Applicability from the Northam'ton
Conservation Commission";
16. The contractor is as responsible as the applicant and property owner for any violations of
the Orders of Condition and penalties under the law,while all activities regulated b, this
Order are being performed.
17. A copy of this Order and associated plans shall remain on site during all constructi n
and/or building activities. The project manager and all equipment operators shall b.
familiar with the approved plans, and shall be informed of their location on the site
This location shall be accessible to all contractors whenever work is occurring on
site.
18. All required permits must be obtained from the Army Corp of Engineers (Section 04,
Water Quality Certification), Planning Board,Zoning Board, Department of Publi•
Works, or Building Inspector prior to the start of projects involving fill within any
wetland resource area;
19. No disposal of soils or other materials shall be allowed within: a 100-year floodpl. n; 40
feet of the 100-year floodplain elevation; any wetland; or any area within 100-feet of a
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wetland, unless such areas are specifically approved by the Commission, in accor ance
with 310 CMR 10.00, and City of Northampton Ordinances - Chapter 24;
20. Any change or deviation from the Notice of Intent,plans and/or Order of Conditio s
approved by the Commission,prior to or during construction, shall require the app icant
to file a request for an amendment with the Conservation Commission. It shall inc ude a
written inquiry as to whether or not the change is substantial enough to require the filing
of a new Notice of Intent.
After making a positive determination, the Commission shall conduct a public he. 'ng to
amend the Order or to issue a new Order, if a new Notice of Intent is required.
121
In accordance with General Condition 8 on page 5-2 of this Order, this Order shall be
recorded at the Hampshire County Registry of Deeds by the Northampton Conse ation
Commission prior to commencement of work on the site.
22. All revised plans, referenced within this Order of Conditions, shall be approved b the
Conservation Commission and incorporated into this Order by reference and shall •e
followed during the course of construction.
PRE-CONSTRUCTION REQUIREMENTS:
23. The applicant shall notify the Commission, in writing, as to the date that the work ill
commence on the project. Said notification must be received by the Commission •
sooner than(10) days and no later than five(5)days prior to the commencement o the
approved activity;
24. Prior to the start of any site work, excavation or construction, a preconstruction
conference shall be held on the site,between the contractor conducting the work, e
site/project engineer, the applicant, and a member or agent of the Conservation
Commission, in order to ensure that the requirements of this Order are understood by all
parties. Prior to the pre-construction meeting, all erosion control devices must be
installed, also.
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310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued
Issued by the Northampton Conservation Commission
Signature(s) i �y ;
This er must be signed by a ajority of the Conservation Commission.
On this 3 day of_ ) t�vr 19 ,before me personally
appeared C• ill& Or\ ,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.
/ /.;9crI)
Notary-Public • - Mymm
Yission Expires
- The applicant,the owner, any person aggrieved by this Order, any owner of land abutting the land upon which the
proposed work is to be done,or any ten residents of the city or town in which such land is located,are hereby notified
of their right to request the Department of Environmental Protection to issue a Superseding.Order, providing the
request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee
Transmittal Form as provided in 310 CMR 10.03(7)within ten days from the date of issuance of this determination.
A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and the applicant.
Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work.
To Northampton Conservation Commission Issuing Authority"" -
Please be advised that the Order of Conditions for the project at
File Number has been recorded at the Registry of and
has been noted in xha%chain of title of the affected property in accordance with General Condition 8 on 19
If recorded land,the instrument number which identifies this transaction is
If registered land,the document number which identifies this transaction is
Signature Applicant
4/1/94 310 CMR- 423 423