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G n 11 fy lt,J�`�" ]an�,�n� ��rd l �s�� � 1 TOWN 4F AGAWAM CONSERVATION COMMISSION 36 MAIN ST-o AGAWAM, MA 01001 78�-o400, ext. 245 January 14, 2011 b r~ Robert Levesque R. Levesque Associates, Inc. 75 Broad Street, Suite C P.O. Box 640 Westfield, MA 01085 Dear Mr. Levesque: At its duly called meeting held on January-1.3, 2011, the Agawam Conservation Commission voted to continue the public hearing for the Notice of Intent by Russo on Garden Street for 30 days as requested. If you have any questions, please contact this office at 786-0400, extension 245. Sincerely, -��'��//++I r Henry A. Kozloski, Chairm a AGAWAM CONSERVATION COMMISSION HAK:prk eA br*� Cc: T. Russo, Jr. Town Clerk, File o r v CA-/?7 _y X- . ern+ F f��riyy Z�J lJ� Massachusetts Department of Environmental Protection Provided by Mass Bureau of Resource Protection -Wetlands 87-0576 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Agawam Cityrrown A. General Information Important: Agawam _ When filling 1. From: Conservation Commission out forms on the 2. This issuance is for a. ®Order of Conditions b.❑Amended Order of Conditions computer, (check one): use only the tab key to 3. To: Applicant: move your cursor-do Thomas Russo, Jr. not use the a.First Name b.Last Name return key. T. Russo Jr. Construction Co., Inc. c.Organization 264 Suffield Street d. Mailing Address Agawam MA 01001 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): same a. First Name b.Last Name c.Organization d.Mailing Address e.Cityfrown f.State g.Zip Code 5. Project Location: Garden Street Agawam a.Street Address b.Cityrrown G8 113 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 42d3'm42"Ns 72d39'm19"Ws d. Latitude e. Longitude wparorm5.doc• rev.12123/09 Page 1 of 12 Massachusetts Department of Environmental Protection Provided by MassDER Bureau of Resource Protection - Wetlands 87-0576 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c, 131, §40 eDEP Transaction# Agawam City/Town A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Hampden a. County b.Certificate Number(if registered land) 358 114 C.Book d.Page 1/3/11 4/28111 4/28/11 7. Dates: a.Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Grading, Drainage, Utilities and Erosion Control Plan (C-2) Details Plan (D-4) R.Levesque Associates Robert M. Levesque RLA, ASLA b. Prepared By c_Signed and Stamped by ALril_v, 2011 1" =20' d. Final Revision Date e.Scale f.Additional Plan or Document Title g. Date B. Findings 9. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act(the Act). Check all that apply: a. ❑ Public Water Supply b. ❑ Land Containing Shellfish `' ® Prevention of Pollution d. ❑ Private Water Supply e. ❑ Fisheries f. ❑ Protection of Wildlife g. ❑ Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control, wpaform5,doc- rev.12l =9 page 2 0112 1 Massachusetts Department of Environmental Protection Provided by MassDEP: LlBureau of Resource Protection -Wetlands 87-0576 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Agawam Cityfrown B. Findings (cant.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ® Buffer Zone Impacts: Shortest distance between limit of project a.linear feet disturbance and Bank or Bordering Vegetated Wetland boundary (if available) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linear feet b.linear feet c. linear feet d. linear feet 5. Bordering none none none none Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.cly dredged f.rly dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet In.cubic feet a. ❑ Isolated Land _ Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet wpaforMEdoc• rev.12123M Page 3 of 12 Massachusetts Department of Environmental Protection Provided by MassDER Bureau of Resource Protection - Wetlands 87-0576 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Agawam City/Town B. Findings (coat.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement s. ® Riverfront Area none none a,total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 10. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a_square feet b.square feet c.cly dredged d. c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches cu yd cu yd_ a.square feet b.square feet c.nourishment d.nourishment 14. ❑ Coastal Dulles — cu yd cu yd a.square feet b.square feet c.nourishment d.nourishment 15. ❑ Coastal Banks a.linear feet b. linear feet is. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.c/y dredged d.cly dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.c/y dredged b.dy dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage wpaform5.doc• rev.12/23/09 Page 4 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: LlBureau of Resource Protection - Wetlands 87-0576 WPA Form 5 — Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# Agawam Cityrrown B. Findings (cont.) 22. ❑ Restoration/Enhancement: a.square feet of BVW b.square feet of salt marsh 23. ❑ Stream Crossing(s): a.number of new stream crossings b. number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects. 1. Failure to comply with all conditions stated herein, and 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 person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, 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. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition 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. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. 7. Any till used in connection with this project shall be clean fill_Any fill shall contain no trash, 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 of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. wpaform5.doc• rev.12123M9 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 87-0576 WPA Form 5 - Order of Conditions ManDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Agawam _ CityTTown C. General Conditions Under Massachusetts Wetlands Protection Act (cant.) 9. No work shall be undertaken until the Order has become final and then 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 the 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 done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"] "File Number 87-0576 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of latent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. wpaform5.doc- rev-12123/09 Page 6 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 87-0576 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Agawam CitylTown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project") is (1) ❑ is not(2)®subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards,then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution: control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, andlor treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv, all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. wpaform5.doc• rev.12123f09 Page 7 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: LlBureau of Resource Protection - Wetlands 87-0576 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Agawam Cityffown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance,the responsible party(defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and 6.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f)through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f)through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5-doe• rev.12/23M Page 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 87-0576 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L, c. 131, §40 eDEPTransaction# Agawam Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3)consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater iBMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions(if you need more space for additional conditions, please attach a text document): SEE ATTACHED SPECIAL CONDITIONS wpaform5.doc• rev.12J2=9 Page 9 of 12 TOWN OF AGAWAM, MASSACHUSETTS Ali CONSERVATION COMMISSION ORDER OF CONDITIONS Russo - Garden Street - #87-0576 20. This Order supersedes all previous Orders of Conditions issued for this work. 21. The Order of Conditions applies only to the work permitted by this Order. Any other work to be done within the area of statutory interests of Wetlands Protection shall require the filing of a new Notice of Intent or Request for Determination. 22. During the construction phase, the applicant shall be responsible for maintaining a copy of these Orders at the site. The applicant shall be responsible for compliance with the conditions of these Orders. 23. Prior to the start of construction, adequate erosion and sedimentation control measures shall be implemented, and shall be maintained throughout the entire construction phase and until the site has become stabilized with permanent vegetative cover. 24. The Commission shall be notified at least seventy-two hours prior to the start of construction and after erosion control measures are in place to enable the Commission to ensure compliance with these Orders. 25. The erosion and sedimentation barrier shall serve as the alteration limit line. Said barrier shall fully protect the adjacent wetland/resource area, and no work shall be permitted beyond this limit line. No machinery shall be operated beyond this limit line. 26. There shall be no discharge or spillage of oil, fuel, any petroleum product or any other pollutant into any area of statutory interest. 27. At no time shall any construction materials, soils, fills, sediments,dredging or any other substances be stockpiled or stored in any area of statutory interest. 28. The construction site shall be left in a stable condition at the close of each day. Erosion and sedimentation controls shall be continuously monitored to ensure proper operation. 29. If any alteration of the wetland/resource area does occur, the Commission shall impose such measures as it finds necessary to protect and restore the areas of statutory interest. 30. Whether from on-site or off-site, any fill used in connection with this project shall be clean fill as described here: The fill material shall be clean coarse washed sand or other clean granular material essentially free of clay, fines, dust, organic matter, large stones, masonry, sturrips, frozen clumps of earth,wood tree branches and waste material. Before the fill is put in place, all trees, brush and stumps shall be removed from the area to be filled. Topsoil,peat and other impervious materials shall be removed from all areas to be filled prior to the placement of the fill material. 31. No creosote shall be used in any areas of statutory interests. An Environmental Impact Statement of any alternative preservative shall be submitted to the Commission prior to the start of construction phase. 32. All disturbed areas of statutory interest shall be stabilized with permanent vegetative cover. After proper grading,the area shall be loamed with not less than four(4) inches of good quality loam, seeded with a cover appropriate to the area, (and fertilized with an organic 10-6-4 or equivalent dry fertilizer at the rate of fifteen(15)pounds per one thousand feet). A mulch of hay, straw or bark of at least two (2) inches in depth shall be placed on newly seeded areas and all slopes capable of eroding into the areas of statutory interest. 33. Any stockpiles of soil are to be seeded or covered within twenty-one (21) days. 34. The slope at the rear of the site is to be hydra-seeded and a two-tiered erosion control is to be placed on the slope as well as the erosion control blanket. 35. The Long-Term Stormwater Maintenance Program dated 4/28/11 and received by the Commission on 4-28-11 is to be adhered to. 36. This parcel shall carry the following restrictions, and a covenant so noted on its deed: "This lot contains certain areas or abuts areas protected by Chapter 131, Section 40 of the General Laws of Massachusetts known as the Wetlands Protection Act and comes under the jurisdiction of the Agawam Conservation Commission. No cutting of trees, clearing of brush, digging, filling in with soil or debris, or the building of bridges is permitted within one hundred (100) feet of the designated wetland areas or within 200' of any designated river without specific approval granted by the Conservation Commission." 37. The Commission reserves the right to impose additional conditions on any or all portions of this work to minimize the impact of potential site erosion or noticeable degradation of water quality discharging from the site at any time. 38. Members and Agents of the Agawam Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the construction site to evaluate compliance with the order and to require the submittal of any additional information deemed necessary. 39. This order shall apply to all successor or assignee in interest or control of the subject property. Any conveyance of interest or control in the subject property shall make reference to this order by stating that the conveyance is subject to the provisions of an Order of Conditions under the Wetlands Protection Act, M.G.L. Chapter 131, Section 40, and by giving the book and page reference in the Hampden County Registry of Deeds where this order is recorded. 40. The petitioner shall have recorded in the Hampden County Registry of Deeds an "Order of Conditions Form" provided by this Commission. The Commission will not allow work to begin until proof of recording is provided the Conservation Commission. Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 87-0576 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Agawam CityTrown D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes ❑ No 2. The _ hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1.Municipal Ordinance or Bylaw 2.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: 1.Municipal Ordinance or Bylaw 2.Citation 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): wpowm5.doc•rev.i=3m Page 10 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 87-0576 WPA Form 5 - Order of Conditions MassDEPFile# ` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Agawam Citylrown E. Signatures This Order is valid for three years, unless otherwise specified as a special 4-28-11 condition pursuant to General Conditions#4, from the date of issuance. 1.Date of Issuance Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electrons ,'and the property own ,if different from applicant. Signatures: % —r IL _-,a +-- ,1 0 4.4-d ❑ by hand delivery on ® by certified mail, return receipt requested, on April 29, 2011 Date Date F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L, c. 131, §40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. wpaform5.doc- rev.121231D9 Page 11 of 12 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 87-0576 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Agawam _ cityrrown G. Recording Information This Order of Conditions must be 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 subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. Agawam Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Agawam Conservation Commission Please be advised that the Order of Conditions for the Project at: Garden Street 87-0576 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Hampden County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land,the document number identifying this transaction is: Document Number Signature of Applicant wpaforrn5.don• rev.12123= Page 12 of 12 �USSopn vu C+4of 1 4 . - �r4 Ac1i Massachusetts Department of Environmental Protection Provided by MassDE - Bureau of Resource Protection- Wetlands MassDEP File#:087- 83 WPA Form 5-Order of Conditions eDEP Transaction#:428594 City/Town:AGAWAM Massachusetts Wetlands Protection Act M.G.L.c, 131,§40 A. General Information 1.Conservation Commission AGAWAM 2.Issuance a. r OOC b.♦— Amended OOC 3.Applicant Details a.First Name THOMAS b.Last Name RUSSO c.Organization T RUSSO JR CONSTRUCTION CORP. d.Mailing Address 204 SUFFIELD STREET C.City/Town AGAWAM f.State MA g.Zip Code 4. Property Owner a.First Name THOMAS b_Last Name RUSSO c,Organization T RUSSO JR CONSTRUCTION CORP. d.Mailing Address 204 SUFFIELD STREET e.City/Town AGAWAM f.State MA g.Zip Code 5.Project Location a.Street Address 232 GARDEN STREET b.Cityflbwn AGAWAM c.Zip Code 01001 d.Assessors Map/Plat#G8 e.Parcel/Lot# 1/3 f Latitude 42.06194N g.Longitude 72.65181 W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page HAMPDEN 358 114 7.Dates a.Date NOI Filed: 9/1/2011 b.Date Public Hearing Closed: 10/27/2011 c.Date Of Issuance: 10/27/2011 8.Final Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: PROPOSED MAPLE VIEW COMMONS, G8 13 -PARCEL ROBERT M. GARY WEINER,PE 10-12-11 "A",232 GARDEN LEVESQUE,RLA STREET,AGAWAM, MA SITE PLANS Page 1 of 9* ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection- Wetlands MassDEP File#:087-4583 WPA Form 5 - Order of Conditions eDEP Transaction#:428594 Massachusetts Wetlands Protection Act M.G.G. c. 131, §40 City/Iown:AGAWAM B. Findings 1.Findings pursuant to the Massachusetts Wetlands Protection Act Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. 1— Public Water Supply b. r Land Containing Shellfish c.1✓ Prevention of Pollution d. r Private Water Supply e. r Fisheries f. r Protection of Wildlife Habitat g r Ground Wafer Supply h. I✓ Storm Damage Prevention i. (— Flood Control 2.Commission hereby finds the project,as proposed,is: Approved subject to: a. r The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of hitent referenced above,the following General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control. Denied because: b.rr The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect interests of the Act,and a final Order of Conditions is issued_A description of the performance standards which the proposed work cannot meet is attached to this Order. c. F The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3.r Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 0 area specified in 314CMR10.02(1)(a). a linear feet Inland Resource Area Im pacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. F Bank a.linear feet b.linear feet c.linear feet d.linear feet 5.I— Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. r Land under Waterbodies and Waterways a.square feet b.square feet c.square feet d.square feet Page 2 of 9* ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided byMassDEP: `�-- Bureau of Resource Protection- Wetlands MassDEP File#:087-0583 WPA Form 5 - Order of Conditions eDEP Transaction#:428594 Massachusetts Wetlands Protection Act M,G.L.c. 131,§40 CAyfFown:AGAWAM e.c/y dredged f.c/y dredged T r Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 8.r Isolated Land Subject to Flooding a square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9.r-Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d,square feet e.square feet f.square feet Sq ft between 100-200 ft g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10.r Designated Port Areas Indicate size under Land Under the Ocean,below 11.r-band Under the Ocean a square feet b_square feet c.c/y dredged d.c/y dredged 12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13.r Coastal Beaches a.square feet b.square feet c.c/y nourisluncnt d.c/y nourishment 14,r Coastal Dunes a square feet b.square feet c.c/y nourishment d.c/y nourishment 15.r Coastal Banks a.linear feet b.linear feet 16.r Rocky Intertidal Shores a.square feet b.square feet 17.l—Salt Marshes a.square feet b.square feet c.square feet d,square feet 18.r Land Under Salt Ponds a.square feet b.square feet c.c/y dredged d.c/y dredged Page 3 of 9*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDl P File#:087-0583 WPA Form 5 - Order of Conditions eDEP Transaction##:428594 Cityffown_AGAWAM Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 19.1—Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet Indicate size under Coastal Banks,inland Bank,Land Under the 20.1—Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways, above c.c/y dredged d.c/y dredged 21.F Land Subject to Coastal Storm Flowage a.square feet b.square feet 22. r- Restoration/Enhancement(For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here. a.square feet of BVW b.square feet of Salt Marsh 23_ r Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. a.number of new stream crossings b.number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 1. Failure to comply with all conditions stated herein,and 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 person of the necessity of complying with all other applicable federal, state,or local statutes,ordinances,bylaws,or regulations. 4. The work authorized hereunder shalt 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.If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition 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. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,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 of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken, Page 4 of 9* ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Ll Bureau of Resource Protection- Wetlands MassDEP File#:087-0583 WPA Form S - Order of Conditions eDEP Transaction#:428594 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 Crtyffown:AGAWAM until all proceedings before the Department have been completed. 9. No work shall be undertaken until the Order has become final and then 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 the 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 done.The recording information shall be submitted to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds, prior to the commencement of work_, 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or'MassDEP"] File Number:"087-0583" 11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before Mass DER 12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start ofwork,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fiilly stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or hislher designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project")is(1) I— is not(2)ro subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards,then the project is subject to the following conditions; a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Pen-nit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation,recharge;and/or treatment,the conversion is allowed by the MassDEP Stormwater Page 5 of 9 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File#:087-0583 WPA Form 5 - Order of Conditions eDEP Transaction 4:428594 ti Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 Cjty/Iown:AGAWAM Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures;W.as-built final construction BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii. any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater Standard 10;iv. all post-construction stormwater BMPs are installed in accordance with the plans(including all planting plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in proper working condition;v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the responsible party(defined in Genera[Condition 19(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the 0&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii,)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes n-sponsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(t)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(t)through 19(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and easement deed that grants the responsible parry access to perform the required operation and maintenance must be submitted along with the legally binding agreement. 0 The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs, maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the log shall indicate the type of material and the disposal location); 2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request and 3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal,state,and local laws and regulations. r) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook,Volume 3,Chapter.1,Low Impact Development Site Design Credits)shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around Page 6 of 9*ELECTRONIC COPY TOWN OF AGAWAM, MASSACHUSETTS CONSERVATION COMMISSION ORDER OF CONDITIONS #87-0583 - Garden Street- Russo 20. This Order supersedes all previous Orders of Conditions issued for this work. 21. The Order of Conditions applies only to the work permitted by this Order. Any other work to be done within the area of statutory interests of Wetlands Protection shall require the filing of a new Notice of Intent or Request for Determination. 22. During the construction phase, the applicant shall be responsible for maintaining a copy of these Orders at the site. The applicant shall be responsible for compliance with the conditions of these Orders. 23. In advance of any work on this project, the applicant shall contact the Conservation Commission and arrange a conference between the Commission, contractor, designer/engineer, and applicant. The purpose of this conference is to insure that all of the Orders are understood. This conference shall take place at,a regularly scheduled Commission meeting. 24. Prior to the start of construction, adequate erosion and sedimentation control measures shall be implemented, and shall be maintained throughout the entire construction phase and until the site has become stabilized with permanent vegetative cover. 25. The Commission shall be notified at least seventy-two hours prior to the start of construction and after erosion control measures are in place to enable the Commission to ensure compliance with these Orders. 26. The project engineer/designer shall be held responsible and accountable for the true and accurate implementation and construction of his/her design or plan. Should any accidental deviation from the approved plan occur, the engineer/designer shall notify the Commission immediately to determine if a new Notice of Intent is required. If any changes to the approved plan are anticipated, the engineer/designer shall likewise notify the Commission to determine if a new Notice of Intent is required. In any case the Commission may deny any deviation, accidental or intended, from the approved plan. 27. The erosion and sedimentation barrier shall serve as the alteration limit line. Said barrier shall fully protect the adjacent wetland(resource area, and no work shall be.permitted beyond this limit line. No machinery shall be operated beyond this limit line. 28. There shall be no discharge or spillage of oil, fuel, any petroleum product or any other pollutant into any area of statutory interest. 29. At no time shall any construction materials, soils, fills, sediments, dredging or any other substances be stockpiled or stored in any area of statutory interest. 34. All work within the area of statutory interest shall be performed so as to create minimum disturbance to the existing vegetative cover and contours. 31. The construction site shall be left in a stable condition at the close of each day. Erosion and sedimentation controls shall be continuously monitored to ensure proper operation. 32. If any alteration of the wetland/resource area does occur, the Commission shall impose such measures as it finds necessary to protect and restore the areas of statutory interest. 33. Whether from on-site or off-site, any fill used in connection with this project shall be clean fill as described here: The fill material shall be clean coarse washed sand or other clean granular material essentially free of clay,fines, dust, organic matter,large stones,masonry, stumps, frozen clumps of earth, wood tree branches and waste material. Before the fill is put in place, all trees, brush and stumps shall be removed from the area to be filled. Topsoil,peat and other impervious materials shall be removed from all areas to be filled prior to the placement of the fill material. 34. No creosote shall be used in any areas of statutory interests. An Environmental Impact Statement of any alternative preservative shall be submitted to the Commission prior to the start of construction phase. 35. All disturbed areas of statutory interest shall be stabilized with permanent vegetative cover. After proper grading,the area shall be loamed with not less than four(4) inches of good quality loam, seeded with a cover appropriate to the area, (and fertilized with an organic 10-6-4 or equivalent dry fertilizer at the rate of fifteen(15)pounds per one thousand feet) or equivalent. A mulch of hay, straw or bark of at least two (2) inches in depth shall be placed on newly seeded areas and all slopes capable of eroding into the areas of statutory interest. 36. Riprap specifications per plan. 37. Periodic maintenance/cleaning of the catch basins shall be conducted by the owner and all successors in interest or control of the property. (All catch basins shall contain oil/grease traps. These traps shall be cleaned routinely, but at least once every six months.) The applicant,his successors or assignee, shall have the continuing responsibility of this maintenance. 38. An as-built plan of the project shall be submitted to the Commission prior to the issuance of the Certificate of Compliance. 39. This parcel shall carry the following restrictions, and a covenant so noted on its deed: "This lot contains certain areas or abuts areas protected by Chapter 131, Section 40 of the General Laws of Massachusetts known as the Wetlands Protection Act and comes under the jurisdiction of the Agawam Conservation Commission. No cutting of trees,clearing of brush, digging, filling in with soil or debris,or the building of bridges is permitted within one hundred(100) feet of the designated wetland areas or within 200' of any designated river without specific approval granted by the Conservation Commission." 40. The Commission reserves the right to impose additional conditions on any or all portions of this work to minimize the impact of potential site erosion or noticeable degradation of water quality discharging from the site at any time. 41. Members and Agents of the Agawam Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the construction site to evaluate compliance with the order and to require the submittal of any additional information deemed necessary. 42. This order shall apply to all successor or assignee in interest or control of the subject property. Any conveyance of interest or control in the subject property shall make reference to this order by stating that the conveyance is subject to the provisions of an Order of Conditions under the Wetlands Protection Act, M.G.L. Chapter 131, Section 40, and by giving the book and page reference in the Hampden County Registry of Deeds where this order is recorded. 43. The petitioner shall have recorded in the Hampden County Registry of Deeds an "Order of Conditions Form" provided by this Commission. The Commission will not allow work to begin until proof of recording is provided the Conservation Commission. 44. Construction to be conducted as per Phasing Plan. Any deviation from Plan shall require approval by the Conservation Commission. Massachusetts Department of Environmental Protection Provided byMassDEP: Bureau of Resource Protection- Wetlands MassDEP File 4:097-0583 WPA Form S - Order of Conditions eDEP Transaction#:428594 ` !ti Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityaown:AGAWAM stormwater BMPs shall include access gates and shall be at least six'inches above grade to allow for wildlife passage. Special Conditions: D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable?r Yes r No 2. The Conservation Commission herebycheck one that applies: a. r DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1.Municipal Ordinance or Bylaw 2.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to comply with a municipal ordinance or bylaw: b. r- APPROVES the proposed work,subject to the following additional conditions. 1.Municipal Ordinance or Bylaw 2.Citation 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent,the conditions shall control, The special conditions relating to municipal ordinance or bylaw are as follows: Page 7 of 9*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 7 ', � LI WPA Form 5 - Order of Conditions MassDEP File# c. - . -"?,- C-/ - Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP ransaction# cityq ri E. Signatures This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuanoe Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. 2. Number of signers The Order must be mailed by certified mail(return receipt requested) or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatur ;i ❑ by hand delivery on VI by certified mail, return receipt f requested, on bate Date F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions, The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10,03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, §40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. %paform5.dor- rev.12l23M Page A 1 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: ,.;--- Bureau of Resource Protection- Wetlands MassDEP File 4:087-0583 WPA Form S - Order of Conditions eDEP Transaction#:428594 CityfToun:AUAWAM i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be 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"I also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order.in the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on this page shall be submitted to the Conservation Commission listed below. AGAWAM Conservation Commission Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission. ........................................ ................................................. .. To: AGAWAM Conservation Commission Please be advised that the Order of Conditions for the Project at: 232 GARDEN STREET 087-0583 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of; County Book Page for. Property Owner'rHOMAS RUSSO and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land,the instrument number identifying this transaction is: Instrument Number If registered land,the document number identifying this transaction is: Document Number Signature of Applicant Rev.411/2010 Page 9 of 9*ELECTRONIC COPY F Town Of f away ,t 1" }� 36 Main Street Agawam, Massachusetts 016b1"837 Tel. 413-786-0400 Fax 413-786-9927 FORM A Application for Endorsement of Plan Not Believed to Require Approval FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-B Agawam, MA _-Tu -ff 20_LQ TO THE PLANNING BOARD: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of Applicant Address 2-04k --,- C JEF lE�cAJ ear , l&(,,ALy 1 4-, <!2-10 3 O 2. Name of Surveyor t-A N l L b S50 d�T1�5, Address 6 nx /,A 0 W TLIELO L-4k� 610 k 3. Deed of Property Recorded in Hjkjk V tw 4oytt -N g=jz isT1z� tj/Z D)tffv-� Book I Z? O _ Paged(® 4. Location of Property 5. Describe the proposal in this submission: �c�3 L-OT CSF-P & ram -6T;1 PA-V.&V-L ATTACHMENTS - Two originals and three copies of plan by certified land surveyor. Filing e - $150. 0 plus $20.00 per lot. Signature of O Address �'D K From: LETTER OF TRANSMITTAL R LEVES UE ASSOCIATES INC. Date: 6/17/10 A Land Planning Services Company Project No: 100403 office(a,rlevesqueassociates.com Project Name: South Westfield Street 75 Broad Street,Suite C, P.O.Box 640, Westfield,MA 01085 RE: ANR Plan 413-568-0955(0)413-568-0986(F) To Town of Agawam Planning Board Attention: We Are Transmitting to You: ❑ Under Separate Cover VIA ® Attached E Plans ❑ Approval of Subcontractor ® Copy of Letter ❑ Specifications ❑ Order on Contract ❑ Photographs ❑ Report ❑ Original Drawings ❑ Proposal ® Form Form A ❑ Other Number DWGJRevision Drawing of Copies Date Number Description 2 6-16-10 Plan of Land in Agawam,Ma. m lar 3 6-16-10 Plan of Land in Agawam,Ma. 2 or . 6-16-10 Form A 3 epy 6-16-10 Form A 1 i mul Fee These are Transmitted as Noted Below: ® For Approval ❑ Approved as Submitted ❑ Resubmit Copies for Approval ❑ For Information ❑ Approved as Noted ❑ Resubmit Copies for Distribution ® For Action ❑ For Corrections ❑ Return Corrected Prints ❑ As Requested ❑ For Review and Comments ❑ Remarks: Please call if you have any questions c Agawam Town Clerk FF Tomas Wilson PLS \ a Thomas Russo U RLA File#100403 By: Rob Levesque Note: If Enclosures are not as noted,please notify us at once. White: Addressee Yellow: Project Notebook Pink: Main File ayr �fsq Town of Agawam 36 Alain Street Agawam, Massachusetts 01001-1837 Q Tel. 413-786-0400 Fax 413-786-9927 FORM A Application for Endorsement of Plan Not_Believed to Require Appr va FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY 'EWITH'- THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTIONS-B cry Agawam, MA _Ti)14 r2 1(, 20� TO THE PLANNING BOARD: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of Applicant 114c M(f?R- ctSS(2 Address_ 2 DMA 4 U 1-F i J �sr. 2. Name.of Surveyor I iL 2 MI(L�P-L-cj,. R Li1=14 ff=5 a 5 56C. -TJF-S, lG Address 6 Q6_ /�4 0 till 1F1 IFL-Q ,_rv-u. 0/0 Ss-6 -- 3. Deed of Property Recorded in *t ZjoytM g=ff L IS Book I a 2-2 D Page J�(o 4. Location of Property (nr"\-"ff)-A :5 L9 - 4wAf--i 5. Describe the proposal in this submission: 6,,Q L-C i 6 F-F &"?-Pa-tA ter) PA-Vz&V-L 6,93 - 1 --3. ATTACHMENTS - Two originals and three copies of plan by certified land surveyor. Filing e - $50. 0 plus $20.00 per lot. Signature of O Address r Town of Agawam i' 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 41.3.-786-9927 July 1, 2010 Thomas Russo, Jr. E 204 Suffield Street Agawam, MA 01001 Dear Mr. Russo: At its duly called meeting held on July 1, 2010, the Agawam Planning Board voters to approve your plans under "Subdivision Control Law Not Required" for a parcel of land located on Garden Street. Plans drawn by R. Levesque Associates and dated June 16, 2010. Sincerely, AG PLANNING BOARD 1 L - yrN,ry\ Please he advised that failure to record the plan within six (6) months and provide proof of recording will negate the action of the Board Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawam, MA 011001. To Agawam Planning Board Please be advised that.the Form A plan that was filed by Russo and approved by the Agawam Planning Board for a parcel of land located on Garden Street has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant NQII OR FORMERLY �- S.P.�NG.F'�E,�D �"URNV�`R.ERN, .INC: NOW DR FORMERLY UCE & I BOOK 3293, PAGE 366 BRFc'EN ' PRO�V�'NZA1'1lG EOOK 13613, PAGE 172 COMPUTED MEWDIAN BASED ON PLAN MHD 6562, SHEET 11 APPROVAL UNDER SUBDIVISION N '05 W N 06.22'22" W CONTROL LAW NOT REQUIRED: N 95.1 4' 790.90' 0o THIS PLANNING BOARD ENDORSEMENT. DOES NOT IMPLY COMPLIANCE WITH THE MASSACHUSETTS WETLANDS w r PROTECTION ACT OR ZONING BY- LAW. DATE: NOW OR FOR&MY C.SD.—LEANING .L�L.+ //'�� 1 r 0 BUJ�l LE RQ a C ,. BOOK 15769, PAGE 02 w PI,AN 290, PAGE 94 rn NOW OR FORMERLY T: RUSSO CONSTRUCTION 'CORP. BOOK 18270, PAGE 456 MHO "3 el PARCEL "A" AGA9'IfAM PLANNING BOARD 6.6 ACRES to co LEGEND Q IRON PIPE (FOUND) El CONCRETE SOUND (FOUND) Irv [] MHB GRANITE HIGHWAY x"D BOUND (FOUND) �l p IRON PIPE (SET) 44.1 NOW OR FO)WRLY COMPUTED POINT WMAL, LLC BOOK 16837, PAGE 363 PLAN 22x, PAGE 90 wDo S Or01'26" E C.D 448.15' o , r s84bAp�y END OF LIMITED S Or01'26" E R ACCESS MASS. 173.04' HWY. L/O 6562 NOW OR FORMERLY .� T. RUSSO CONSTRUCTION CORD CO v`t BOOK 18270, PAGE 456 try MHO r pwr 50.00' , �, PARCEL B w N OW33 08 E 2.2 ACRES ;� •r c 3 v� co � 1 OWNE 645.96' ' T. RUSSO CONSTRUCTION CORP. S. 4r01'26" E r PLAN OF LAND IN AGAWAM, MASSACHUSETTS NOx OR FORMERLY SURVEYED AND MAPPED FOR JUL1411 N PROVOST 1 BOOK 7997, PAGE 381 1 r� H O MAS RUSSO PLAN 280, PAGE 73 0•1 2' JUNE 16, 2010 SCALE: 1"=40' _ O — PREPARED BY < QMAS B. RLA . WILSON No.28516 a _: R LEVESQUE ASSOCIATES,INC ; NOTES: �aNerst��'Y`? 75 Brood Street,Suite C Ai.LR�p — --- P.O.Box 640 rr ��r Westfield,IViA O1B8b \- 1) THE PREMISES SHOWN HEREON ARE EASED IN PART' ON A PLAN OF LAND BY DURKE, 1Ft1I'I'E, _W��✓—�— I CERTWY THAT THIS PLAN HAS BEEN PREPARED IN TOWNE k CHAPDELANE, DATED JULY 20. 1998. RECORDED IN HAMPDEN COUNTY REGISTRY OF � pb•413.5680985 Ifix• DEEDS PLAN BOOK 319, PAGE 43. ACCORDANCE MTH THE RULES AND REGULATIONS OF 413.5 $S 2) THE PRIES SHOWN HEREON WAY BE SUBJECT TO RIGHTS AND EASEMENTS AS CONTAINED IN THE REGISTRY OF DEEDS. ri��d.ro�aq► THE VARIOUS DEEDS OF RECORD DESCRIBING SAID PREUISES. THE LOCATION AND MUENT OF ANY r� SAID RIGHTS AND EASEMENTS IS NOT THE SUBJECT OF TTuS SURVEY. 4' 40' 84' 120'�- . ^ �' PROFESSIONAL LAND SURVEYOR - RLA JOB NO. 100403 Tows. of Agawam a 36 Main Street Agawam, Massachusetts 01001-1$37 Tel. 413-786-0400 Fax 413-786-9927 November 8, 2013 Thomas Russo, Jr. 204 Suffield'Street Agawam, MA 01001 Dear Mr. Russo: Re: Garden Street-Maple View Commons The Planning Board is requesting a timeline on the submittal of your new sequential plan for the Garden Street Maple View-Commons site. The Board also requests that erosion controls be installed along the slope and that any piles of dirt or unaffected areas be w stabilized immediately. If you have any questions,please contact this office at 786-0400, extension 8 73 8. Sincerely, Travis P. Ward, Chairman AGAWAM PLANNING BOARD TPW/DSD:prk Cc: Bldg. Insp. Eng. Dept. Conservation Commission File #8663 17��1'il, f�• Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 April 25, 2011 Thomas Russo, Jr. 204 Suffield Street Agawam,MA 01001 Dear Mr. Russo: At its duly called meeting held on April 21, 2011, the Agawam Planning Board voted to approve the Site Plan entitled "Proposed Professional Office Building, G8 1 3-Parcel B, Garden Street, Agawam, MA ", prepared by R. Levesque Associates and dated 12-28-10, Revised 4-05-11, with the following conditions: -- the handicapped parking space at the rear of the building is to be removed; -- cut sheets for the correct lighting fixture are to be submitted; -- details on the proposed sign including lighting are to be submitted. If you have any questions,please contact this office at 786-0400, extension 283. c Sincerely, C I Travis P. Ward, Chairmanv' AGAWAM PLANNING BOARD , "r 'n o � TPW/DSD:prk !b— cc: Building Insp. Engineering Town Clerk R. Levesque File RA TOWN OF AGAWAM ��sFoNe.Y 36 MAIN STREET Case#: AGAWAM, MA 01001 Fi led: BOARD OF APPEALS Hearing, Ma Expires: .............................. .............. ................................. Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and other By-laws, Applicant Address 94 Glendale Road Applicationis hereby made for a SPECIAL PERMIT as provided by Section 180 Paragraph-ILE. jil— of the By-law. Premises affected are situated an Glendale Road sw4m; 200 feet distant from the corner of Sherwood Drive SIAM and known as street number 94 Property is zoned as ASricultural Reason(s) for request of Special Permit: To construct an addition to an existing structure located at 94 Glendale Road rri C-1) ----------- C) n -n Signature of owner or his authorized agent* Telephone#: I- q)I- NOTICE: THIS APPLICATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN M 9042 0327 2844 W9042 MR327 WARRANTY DEEP KNOW ALL MEN BY THESE PRESENTS that WS, VXNCEBT J. DES110MERS and MAUARM A. DWAWCHERS, husband and Wife, of Agawam, Hampden County, Massachusetts In consideration of OHS RUNDRED S1xrY-0NE THOUSAND and 00/200 ($161,000.00) DOLLARS grant to MARK A. SERRA and MARGARET S. SERRA, husband and wife, as tenants by the entirety, of 138 Corey Colonial, Agawam, Hampden County, Massachusetts with WARRANTY COVENANTS certain real estate situate in Agawam, Hampden. County, Massachusetts, being designated as Lot No. twenty-two (22) as shown on the plan entitled, "Agawam, Mass. Hampden County Plan of Lots for Progressive Builders, fnc. ...", as recorded in the Hampden County Registry of Deeds in Book of Plans 224, Page 90; said lot being more particularly bounded and described as follows. SQT17'NWESTERLY by Glendale Road, as shown on said plan, one hundred twenty (120) feet; NORTHEASTEERLY by Lot No. twenty-one (21) as shown on said plan, one hundred sixty-seven and 341lpo (167.34) foots NORTHEASTERLY by land now or formerly of Town of Agawam, one hundred twenty (120) feet; and SOUTHEASTERLY by Lot No. twenty-three (23) as shown on said plan, one hundred sixty-seven and 34/100 (167.34) feet. r SUBJECT to easement rights to Western Mass. Electric Company and a Nov England Telephone and Telegraph Company under Instrument dated July 5, 1983 and recorded as aforesaid in Book 5465, Page 191. TOGMWER with the right to use ways an shown on said plan. �. r� v BEING the some premises conveyed to the Grantors herein by deed of ? r; Steven G. Blackburn, et ux. dated June 9, 1903 and recorded in the Hampden County Registry of Deeds in Book 8447, Page 353. h-c� FfXTNB5S OUR HANDS AND SEALS THrS 16th DAY OF JANUARY, 1995 = 3� ^A � VXffCEMZiT. DESROCHffRS t MAUREEN A. DESROCHERS j S • M19042 PAGE32B TXE COMMOMEALTS OF NASSACHUSS" S Hampden, Ss. January 16, 1995 Then personally appeared the above named 4INCOM J. DESRQCHERS and MAUREEN A. DZSRCCSERS, and acknowledged the foregoing instrument to be their free act and deed, before me, L (sYry�. H�ikr, Notary Pu 3 c My commission expires: Anust 23, 11S% RECSVED JAN 19199 3iH_Ds WE6 12 91 lINO .: HAl1PAE" i�F �t)pi61NFt OJ/19/53- t W 73M1. 6 d1CK. 1-73 4. 16 ' 10 88*308,12128 EXCIeOAX m �. v A� _ 7 4 3 �cr7 -rr N � '� i U.S.-DEPARTMENT OF HOMELAND SECURITY ELEVATION CERTIFICATE OMB No.1ss0-0008 Federal Emergency Management Agency Expires March 31,2012 National Flood Insurance Program Important: Read the instructions on pages 1-9. SECTION A-PROPERTY INFORMATION Foy insurance Company Use: Ai_ Building Owner's Name Policy Number Mark & Margaret Serra A2. Building Street Address(including Apt Unit,Suite,and/or Bldg.No.)or P.O.Route and Box No. Company NAIC Number 94 Glendale Road City Stale ZIP Code ALawam MA 01001 A3. Property Description(Lot and Block Numbers,Tax Parcel Number,Legal Description,etc.) Lot #22 Book of Plans 224 Page 90 at_H.C.R.D. Assessor Map -mg Block 2 Parcel 2 A4. Building Use(e.g.,Residential,Non-Residential,Addition,Accessory,etc.) Residential A5. Latilude/LoWitude:Lat. 42.06540 Long. 7 2.60362 Horizontal Datum: ❑NAD 1927 ®NAD 1983 A6. Attach at least 2 photographs of the building it the Certificate is being used to obtain flood insurance_ AT Building Diagram Number--2 A8. For a building with a crawLspace or enciosure(sy A9. For a building with an attached garage: a) Square footage of crawlspace or enclosure(s) NSA sq ft a) Square footage of attached garage N/A sq ft b) No.of permanent flood openings In the crawlspace or b) No.of permanent flood openings in the attached garage enclosures)within 1,0 foot above adjacent grade within 1.0 foot above adjacent grade e) Total net area of flood openings in A81 MIA sq In c) Total net area of flood openings in A9.b _N/A sq to d) Engineered flood openings? ❑Yes ❑No d) Engineered flood openings? ❑Yes ❑No SECTION B-FLOOD INSURANCE RATE MAP(FIRM)INFORMATION 81,NFIP Community flame&Community Number B2.County Name B3.State Agawam mpden I MA B4.Map/Panel Number B5.Suffix 86.FIRM Index B7.FIRM Panel B8.Flood Bg.Base Flood Elevation(s)(Zone Date Effective/Revised pate Zone(s) AO,use base flood depth) 250133 0002 A 2-1-1978 2-1-1978 1 All 58.0 B10. Indicate the source of the Base Flood Elevation(8FE)data or base flood depth entered in Item B9. ❑FIS Profile ®FIRM Community Determined ❑Other(Describe) B11. Indicate elevation datum used for BFE in Item B9: ®NGVD 1929 ❑NAVD 1988 ❑Other(Describe) B12. is the building located in a Coastal Barrier Resources System(CBRS)area or Otherwise Protected Area(OPA)? ❑Yes ® No Designation Date ❑CBRS ❑OPA SECTION C-BUILDING ELEVATION INFORMATION(SURVEY REQUIRED) C1. Building elevations are based on: ®Construction Drawings' ❑Building Under Constriction' Finished Construction s' "A new Elevation Certificate will be required when construction of the building is complete. C2. Elevations—Zones Al-A30,AE,AH,A(with BFE),VE,VI-V30,V(witty BFE),AR,ARIA,AR/AE,AR/A1-A30,ARIAfi,ARIAO. Complete h f4 C2:0=h,p, below according to the building diagram specified in Item AT Use the same datum as the BFE. -�- Benchmark Utilized Town of Agawam Bench Mark Vertical Datum _._._NGVD 1929 r ' Conversion/Comments No Conversion Check the measurement used. —� a) Top of bottom floor(including basement,crawlspace,or enclosure floor) 53 4 feet meters(Puerto Rico only) b) Top of the next higher floor 62 2 feet r�meters(Puerto Rico only) te? c'.r c) Bottom of the lowest horizontal structural member(V Zones only) N/A ❑feet l meters(Puerto Rica only) iV d) Attached garage(top of stab) 6(0) -I feel ❑meters(Puerto Rico only) rn e) Lowest elevation of machinery or equipment servicing the building NIA, F1 feet ❑meters(Puerto Rico only) (Describe type of equipment and location in Comments) f) Lowest adjacent(finished)grade next to building(LAG) 5 9 2 ®feet ❑meters(Puerto Moo only) g) Highest adjacent(finished)grade next to building(HAG) 60 .L,©feel ❑meters(Puerto Rico arty) h) Lowest adjacent grade at lowest elevation of deck or stairs,Including 61 a. ©feet ❑meters(Puerto Rico only) structural support SECTION D-SURVEYOR,ENGINEER,OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor,engineer,or architect authorized by to certify elevation information. f certify that the information on this Cwtiricate represents my best efforts to interpret fire data available. I understand that any false statement may be punishable by fine or imprisonment under 18 U.S.Code, Section 1001_ AJ% OF yes ❑Check here if comments are provided on back of form, Were latitude and longitude in Section A provided by a *eI licensed land surveyor? E]Yes ❑No MARCE. Certifier's Name License Number N _Marc E. Shute Pj;S 3361i� " V� Title � Company Name #33MBI0 .� Senior Vice President D.T.- Bean, Inc. Address City -' State ZIP Cade' SIIRY��4� 40 Schoa Street Westfield MA 01085 Signature Date Telephone ZL= ��' !?� 1-413-562-7566 FEMA Form 81-31,NWdr See reverse side for continuation. Replaces all previous editions IMPORTANT: In these spaces,copy the corresponding information from Section A. For Insurance Company Use: Building 91reet Address(including Apt.,Unit,Suite,and/or Bldg.No.)or P.O.Route and Box No, Policy Number 94 Glendale Road City State ZIP Code Company NAIL Number Agawam MA 01001 SECTION D-SURVEYOR,ENGINEER,OR ARCHITECT CERTIFICATION(CONTINUED) Copy both sides of this Elevation Certificate for(1)community official,(2)insurance agent/company,and(3)building owner. Comments Signature Data ❑ Check hem if attachments SECTION E-BUILDING ELEVATION INFORMATION(SURVEY NOT REQUIRED)FOR ZONE AO AND ZONE A(WITHOUT BFE) For Zones AO and A(without BFE),complete Items E1-E5. If the Certificate is intended to support a LOMA or LOMR-F request,complete Sections A,B. and C. For Items E1-E4,use natural grade,N available. Check the measurement used_ In Pinto Rica only,enter meters. E1. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade(HAG)and the lowest adjacent grade(LAG). a)Top of bottom floor(including basement,crawlspace,or enclosure)is _ ❑feet ❑meters ❑above or ❑below the HAG. b)Top of bottom floor(including basement,crawlspace,or enclosure)is Ofeet ❑meters Elabove or ❑below the LAG. E2. For Building Diagrams 6-9 with permanent flood openings provided in SeGUQELA Items B a d/or 9(see a s 8-9 of tnstructtons),the next higher floor (elevation C2.b in the diagrams)of the building is —❑feet meters n above or Ubelow the HAG. E3. Attached garage(top of slab)is .__❑feet❑meters ❑above or ❑ below the HAG. E4. Top of platform of machinery and/or equipment servicing the building is _❑feet ❑meters ❑above or ❑below the HAG. E5. Zone AO only: If no flood depth number is available,is the top of the bottom floor elevated in accordance with the community's floodplain management ordinance? ❑Yes ❑ No ❑Unknown. The local official roust certify this information In Section G. SECTION F-PROPERTY OWNER(OR OWNER'S REPRESENTATIVE)CERTIFICATION The property owner or owner's authorized representative who completes Sections A,B,and E for Zone A(without a FEMA-issued or commun"sued BFE) or Zone AO must sign here. The statements in Sections A,B,and F are comact to the best of my knowledge. Property Owner's or Owner's Authorized Representative's Name Address City state ZIP Code Signature Dale Telephone Comments ❑ It hm t SECTION G-COMMUNITY INFORMATION(OPTIONAL) The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete sections A,B.C(or E), and G of this Elevation Certificate. Complete the applicable llem(s)and sign below_ Check the measurement used in Items G8 and G9. G1. ❑ The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor,engineer,or architect who is authorized by law to certify elevation information_ (Indicate the source and date of the elevation data In the Comments area below.) G2. ❑ A community official completed Section E far a building located in Zone A(without a FEMA-issued or community-issued BFE)or Zone AO. G3, ❑ The following information(Items G4-G9)is provided for community floodplain management purposes, G4.Permit Number G5. Date Permit Issued G6, Date Certificate Of CompiianWOccupancy Issuay.0ue. G7. This permit has been Issued for: [)New Construction ❑Substantial Improvement [-y ' G8. Elevation of as-built lowest floor(ncluding basement)of the building ❑feet []meters(PR) Datum G9. 8FE or(in Zone AO)depth of flooding at the building site ❑feet ❑meters(PR) Datum G10.Community's design flood elevation ❑feet ❑meters(PR) Datum Local Official's Name Title Community Name Telephonern Signature Date Comments ❑Check he,if attachments FEMA Form 81-31, Mar 09 Replaces all previous editions F � S 66°38'55" E --- 120.00' LOT 22 PROFILE OF SIDES & REAR OF NEW PROPOSED ADDITION NORTH OF LOT 21 LOT 23 EXISTING HOUSE �_56`l- 100 YEAR FLOOD FINISH FLOOR HSE 62.16 ELEVATION 58.0 TOP CONC. WALL 61 .16' P. GROUND P. GROUND "^ ELEV.=59.00 ELEV.=59.00 cf3 �rrr 2.91' _ r r� Lli —� c3 TOP 3" CONC. FLOOR P 59x0 ELEV. = 58.25':� - .. PROPOSED _ ADDITION_ _ N - N =� B.H. 59x7 56.00 n 3 z 5�� N 12' HOUSE GARAGE BOTTOM FOOTING w � ELEV = 55.00 n� r � so � � o 1 LEGEND P 59.6 -= PROPOSED SPOT GRADE PLOT PLAN SHOWING PROPOSED ---59---- = EXISTING CONTOUR GRADE ADDITION WITH GRADES GAWAM MASSACHUSETTS ,4 �I 59x7 = EXISTING EARTH GRADE a`SH OF Mgf�q� FOR: MARK A. E.RA AND pia IIdAFi�' yG SERRA E. 94 GLENDALE ROAD SHUTS --M AGAWAM MA. #3w ^" DATE: SCALE: 1" = 206 N 66°38'55" W 120,00' � 11-29-2011 CHECKED: �^ U PLAN N0. SPIFFY NO G L E N D A L E ROAD D .L. B EAN INC. SURVEYORS & 40 SCHOOL STRr€ET - ENGINEERS WESTFIELD, MASSACHUSETTS T WN FAGA M WA qq O O 36 MATNSTREET ' 4' AGAWAM, MA 01001 BOARD OF APPEALS December 9, 2011 The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library Community Room,750 Cooper Street, Agawam,MA,beginning at 6:30 P.M.,Monday,January 23, 2012 for the following: Case#: 1881 Petitioner: Mark&Margaret Serra Address: 94 Glendale Road Reason: Seeking a Special Permit in accordance with Section 180-72, Paragraph F of the Town of Agawam Zoning Ordinances to allow for the construction of an addition to a residential structure found to lie within the flood plain at the premises identified as 94 Glendale Road. Advertise: Thursday January 5, 2012 and Thursday January 12, 2012 Doreen Prouty p, Chairperson am DP/jb 1 yy O N -n C'7 1=1 c r�rq H-ar-tL:+Mar TOWN OFAGAWAM qL1 4t4t 36 MAIN STREET AGAWAM,, MA 01001 DECISION OF BOARD OF APPEALS ma .. x - Petition of: Mark and Margaret Serra Premises affected: 94 Glendale Road = I Date: January 23, 2012 _ . Case 4: 1881 The Board of Appeals conducted a public hearing and meeting on January 23, 2012 at the Agawam 4 Public Library Community Room, 750 Cooper Street,Agawam, MA for all parties interested in the appeal of Mark and Margaret Serra, who are seeking a Special Permit in accordance with Section 180- 72, Paragraph, F of the Zoning Ordinances, which would allow for the construction of an addition to a residential structure found to lie within the flood plain at the premises identified as 94 Glendale Road. After the public hearing and a thorough review of the facts presented, the Agawam Board of Appeals made the following findings: 1. The subject property is located in an area of town zoned Agricultural. 2. The subject property is located in the five-hundred (500) year flood plain (Zone B) as identified by 4 HUD FIood Map 250133-002A. 3. The petitioner is seeking to construct an addition to a singe family dwelling on the subject property. 4. Section 180-72, Paragraph F of the Town of Agawam's Zoning Ordinance states "no new extension 4 of a structure for human occupancy as permitted under Section t 80-71 shall be allowed beyond the foundation stage until the elevation of the lowest floor (including basement)has been checked and certified,in writing, to the Inspector of Buildings or as being the elevation as stated on the approved plans or higher." 5. Section 180-71, Paragraph H states"new construction or substantial improvement of residential J structures within the Flood Plain Zone will have the lowest floor(including basement) elevated to or above the level of the one-hundred-year flood." 6. The proposed addition will be above the level of the one hundred-year flood. 7. The proposed addition will meet all zoning requirements. 8. Approval from the Town of Agawam's Conservation Commission is not required for a parcel of land S located in the five-hundred-year flood zone. 9. The proposed residential dwelling is an allowed use in an Agricultural zoning district. The subject property is an appropriate location for such use. 10. The conditions as set forth by this special permit help to insure that the use, as developed,will not adversely affect the health, safety or property values of the neighborhood. 11. No evidence was presented to show that this proposed project would create any nuisance or potential hazards to vehicular of pedestrian safety. DECISIOIri (p2) Mark and Margaret Serra Case# 1881 12. The conditions as set forth by this special permit help to insure that adequate and appropriate facilities and controls will be provided for the proper and safe operation of the proposed use. 13. The proposed use is not considered so objectionable or obnoxious that the proposed use would be against the public interest or detrimental or injurious to the character of the neighborhood. Based on its findings, the Board is of the opinion that it is within the authority of the Agawam Zoning Board of Appeals to grant a special permit as stated under Section 180-71 of the Agawam Zoning Ordinances of the Code of the Town of Agawam. Now,therefore, by a unanimous vote of its three members, the Agawam Zoning Board of Appeals hereby grants the petitioner a special permit to allow for the construction of an addition to a single family dwelling which has been found to lie within a floodplain subject to the following conditions: 1. The proposed addition will be constructed according to the plan drawn and stamped by Marc Shute, Professional Land Surveyor, 40 School Street, Westfield, MA dated November 29, 2011 and signed by the members of this Board. 2. All zoning and building requirements are to be met. 3. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special Permit"form, which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. 4. This Special Permit shall become null and void if construction of this addition does not commence within two (2)years from the date this decision is stamped at the Town of Agawam Clerk's office. This decision is subject to appeal in accordance with M.G.L. Ch. 40A, Section I7 within 20 days after this decision is filed with the Agawam Town Clerk, Attachment: Signatory Page of Decision t� "OWN OF AGA WAM 36 MAIN STREET �+ AGAWAM,, MA 01001 i y BOARD OF APPEALS D MP Signatory Page of Decision Case#: 1881 I Date: January 23, 2012 Applicant: Mark and Margaret Serra Address: 94 Glendale Road ►., C=P �. L By a unanimous vote of its three members,the Zoning Board of Appeals hereby grants the ar petitioner a Special Permit. 3 � This approval is subject to the conditions set forth in the attached written decision. V Doreen Prou dary SVC James Marmo Gary Geiger(Alternate) Richard Maggi (Alternate) N S 66"38'55" E Approved by 124.00' - 3-/ L- �"- Agawam Zoning Board of Appeals Date: LOT 22 PROFILE OF SIDES & REAR OF NEW PROPOSED ADDITION NORTH OF LOT 21 LOT 23 EXISTING HOUSE 56`-- 100 YEAR FLOOD FINISH FLOOR HSE 62.16 ELEVATION 58.0 TOP CONC. WALL 61 .16' VM/Z P. GROUND P. GROUND ►� - - ELEV.=59.00 ELEV.=59.00 -------------------- 2.91' LJ TOP 3" CONC. FLOOR P 5 9 x 0 ELEV. = 58.25' a PROPOSED ADDITION N r"` 55-DO B.H. 59x7 0, �Y 12" , - �D HOUSE GARAGE 1' BOTTOM FOOTING � ELEV = 55.00 ti 60 �� o LEGEND P 59.6 = PROPOSED SPOT GRADE PLOT PLAN SHOWING PROPOSED ADDITION WITH GRADES �4 ---5g---- - EXISTING CONTOUR GRADE GAWAM MASSACHUSETTS ' 59x7 = EXISTING EARTH GRADE ".,Av OF M FOR: ti � P Rs� MARK A. SERRA AND MARC 4�y MARGARET E. SERRA } E N 94 GLENDALE ROAD r, ,,, AGAWAM MA. SHUTE DATE: SCALE: 1" = 20' N 6638'55" W 120,00' ! 11`29-2011 CHECKED: u PLAN NO. SHEET NO G L E N D A L E ROAD D .L . BEAN INC. SURVEYORS & 40 SCHOOL STRUT � ENGINEERSWESTFIELD, MASSACHUSETTS l Con`f-' �'3 Gunn G� Ln- L11Massachusetts Department of Environmental Protecti Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §DLO A. General Information Important: When filling out From: forms on the Agawam computer, use Conservation Commission �T only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Robert Conti return key, Name Name 23 Gunn Geary Lane Mailing Address Mailing Address Agawam MA 01001_ Citylrown State Zip Code Citylrown State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: 23 Gunn Geary Lane, Agawam MA no date Title Date Title Date Title Date 2. Date Request Filed: March 21, 2012 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): build new deck and shed behindgarage). x Demolish existing deck, ( Z1 Q Y� Project Location: 23 Gunn Geary Lane _ _ Agawam Street Address Citylrown 19 _ 2/24 Assessors Map/Plat Number Parcel/Lot Number wpaforro2.doc•rev.12J95No Page t of 5 f Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands PUPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the.proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection).. ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s)and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw. Name Ordinance or Bylaw citation wpaiorm2.doc•rev.12115R]o Page 2 of 5 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c.for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department.Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2, The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area, Therefore, said work does not require the filing of a Notice of Intent. ® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). Erosion controls(silt sock) is to be installed at the top of the embankment prior to any work taking lace. The vegetation is to be re-established as soon as the work has been completed. ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpeform2.doc•rev.12115100 Pepe 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 -- Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5_ The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatorylregulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on 4 Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Appendix A) and the property owner(if different from the applicant). OF-Signatures: -j April 12, 2012 Date wpaform2.doc•rev.121151DD Page 4 of 5