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310CMR 10.99 DEFT:::::: :: SDPFjliO. 1246-4190 I I
(To be provided by DEP)
form 5 City/Town Northampton
Applicant Julius Gy&Edith Fabos
Commonwealth Map#24B; Parcel#41
of Massachusetts
Order of Conditions
Massachusetts Wetlands Protection Act
G.L.c.131,§40
and the Northampton Wetlands Protection Ordinance
From Northampton Conservation Commission Issuing Authority To:
Julius Gy and Edith Fabos
Julius Gy and Edith Fabos o Associated Environmental Scientists
Name of property owner ame of Applicant
3 1 Elm Street,P.O.Box 979
45 Canton Avenue,Amherst,MA 01002 Vest Springfield,MA 01090
Address Address
This Order is issued and delivered as follows:
[ ] by hand delivery to applicant or representative on ( te).
[X] by certified mail,return receipt requested on December 16, 199 .(date)
Th project is located in Northampton at Pheasant Hill Condominium, 80 Barrett Street.
tis
Th property is recorded at the Registry of Hampshire County
Book 4547 Page 223-226
Certificate(if registered) N/A
The Notice of Intent for this project was filed on November 10, 1997.
The public hearing was closed on December 8, 1,9.97.
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 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 [X]Flood Control []Land containing shellfish
[]Private water supply [X] Storm damage prevention []Fisheries
[]Ground water supply [X]Prevention of pollution []Protection of wildlife Habitat
Total Filing Fee Submitted$250.00 State Share$112.50 City Shire$137.50
t
(1/2 fee in excess of$25.00)
Total Refund Due$ City Portion$ State Portion$
(1/2 total) (1/2 total)
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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 checked above. The Conservation Commission orders that all work shall be
performed in accordance with said conditions and with the No ice of Intent referenced above. To
the extent that the following conditions modify or differ fro the plans, specifications or other
proposals submitted with the Notice of Intent,the conditions s all control.
General Conditions
1. Failure to comply with all conditions stated herein, an with all related statutes and 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 not
authorize any injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other erson 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 wi 'n 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 f r one or more periods of up to three
years each upon application to the issuing authority at east 30 days prior to the expiration
date of the Order.
6. Any fill used in connection with this project shall be c ean fill,containing no trash, refuse,
rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper,
cardboard,pipe, tires, ashes,refrigerators,motor vehi les or parts of any of the foregoing.
The applicant is prohibited from using demolition aterials, asphalt,large chunks of
concrete,tree stumps and limbs, and general refus ;
7. No work shall be undertaken until all administrative ppeal 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 bcen recorded in the Registry of Deeds
or the Land Court for the district in which the land is 1 cated,within the chain of title of the
affected property. In the case of recorded land, the F nal Order shall also be noted in the
Registry's Grantor Index under the name of the owner f 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 lan upon which the proposed work is to
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be done. The recording information shall be proposed work is to be done. The recording
information shall be submitted to the Commission on the form at the end of this Order prior
t to commencement of the work. The Commission usually will record the Order in the
Registry of Deeds. It is the applicant's responsibility to insure the Order is properly
recorded.
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 works,"Massachusetts Department of Environmental Protection,File
Number 246-419 ".
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.
11. 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 shall conform to the following plans and special conditions:
PLANS TITLE DATED SIGNED & STAMPED BY:
"Wetland Filing Plan, Pheasant Hill Condos, 11/10/97 Richard T. Misiaszek
Northampton, MA, For: Julius Gy& Edith Rev 12/08/97
Fabos,"by Associated Environmental
Scientists, Inc.
All Plans on File with Northampton Conservation Commission
Special Conditions:
13. The applicant shall notify the Commission, in writing, as to the date that the work will be
commencing on the project. Said notification must be received by the Commission no
sooner than (10) days and no later than five (5) days prior to the commencement of the
approved activity;
14. No area within the'I00 year flood plain, any wetland, or area within 100 feet of a wetland
or 40 feet of a 100 year flood plain, as defined in 310 CMR 10, and City of Northampton
Ordinances - Chapter 24, shall be permissible disposal sites, unless such areas are
specifically approved by the Commission;
115. 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.
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Sedimentation and erosion control devices shall be laced according to standards set in
U.S.D.A. Soil Conservation Service, "Guidelines fo Soil and Water Conservation in
Urbanized Areas of Massachusetts". .
tPlacement of sedimentation and erosion control shall e directed at the site by the project
engineer in order to accomplish maximum control f erosion to ensure that no eroded
materials will enter wetland resource areas.
Hay bales must be staked. Silt fencing must be inst lied in a dug trench with sufficient
porosity to allow detained water to pass through whil trapping suspended sediments;
17. Areas of construction shall remain in a stable condition t the close of each construction day.
Erosion controls shall be inspected at this time, an maintained or reinforced to meet
specifications in the plans and this order;
18. All construction areas shall be restored to original cond tion or better upon completion of the
project, including replanting of vegetation;
19. The Commission and its agents shall have the right to enter and inspect the property at any
time for compliance with the conditions of this Order, the Act, and Wetlands Protection
Regulations: 310 CMR 10.00 and Chapter 24 of th City's Ordinances: "The Wetlands
Protection Ordinance". They shall have the right t request and receive any data or
documentation that is deemed necessary for evaluatio of compliance.
120. This Order of Conditions shall apply to any successor in interest or successor in control;
21. The contractor is as responsible as the applicant and pr perty owner for any violations of the
Orders of Condition and penalties under the law,whil all activities regulated by this Order
are being performed.
A copy of this Order and associated plans shall remain on site during all construction and/or
building activities. The project manager and all equip ent operators shall be familiar with
the approved plans, and shall be informed of their loc tion on the site.
This location shall be accessible to all contractors wh never work is occurring on site.
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A copy of the Notice of Intent, all plans and Orde must always be on-site and in all
excavating machinery when work is being performed
22. All required permits must be obtained from the Army •orp of Engineers(404,Water Quality
Certification),Planning Board, Zoning Board, Dep. ' ent of Public Works, and Building
Inspector prior to the start of projects involving fill thin any wetland resource area;
13. The owner of the property described in this Order, st advise any potential buyer of the
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property that any construction or alteration to said property, including brush cutting or
clearance, may require action 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, which shall be submitted to and
approved by the Conservation Commission,prior to recording:
"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 Northampton Conservation Commission. Any application for additional
wetland resource area impact shall be viewed in the context of cumulative impacts
as a result of this project."
24. Upon completion of the project,the Applicant shall submit a certification that all work has
been done in conformance with the provisions of the Order of Conditions and request a
Certificate of Compliance.
If checked: [X] YES
Certification shall be by a Wetland Specialist for the replication areas.
25. If checked: [X] YES
An"As Built"plan shall be included with the project engineer's certification detailing the
post-development conditions of the site,including showing the location of the plunge pools.
26. The applicant shall submit a maintenance plan for the approval of the Conservation
Commission.
Pre-Construction Requirements:
7. All silt fencing and erosion controls shall be installed prior to removal of stumps and shrubs.
Wetland Replication.
28. A report of the suc8ess of re-vegetation activities shall be submitted to the Conservation
Commission, by a qualified wetlands scientist on the following schedule:
By one year from the completion of the project.
29. For the replanting of the sides of the swale, If more than 50% wetland vegetation has not
been established after one growing season(1 year),then additional plantings and/or changes
to the wetland restoration plan shall be submitted to the Conservation Commission for
consideration and approval.
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30. If more than 75%wetland vegetation has not been established after two growing seasons(2
years), then additional plantings and/or changes to the wetland restoration plan shall be
submitted to the Commission for consideration and approval.
31. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are
as follows:
(None).
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310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued
•
Issued by the Northampton Conservation Commission
Signature(s)
•
This Order must be signed by a majority of the Conservation Co sion. •
On this '14) day of D ' C er,\- '\ 19`3 ,before me personally
appeared 0 fl'3c 3J l ThCy OThr (1 ,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.
Notary Public My Co sion 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
-.r
File Number has been recorded at the Registry of and
has been noted in,the 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