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13-036 360 North King Street PB DecisionPlanning - DecisionCity of Northampton Hearing No.:PLN-2009-0057Date: August 5, 2009 APPLICATION TYPE:SUBMISSION DATE: PB Special Permit with Intermediate 6/22/2009 Applicant's Name:Owner's Name: NAME: NAME: City of NorthamptonMERRIMACK MORTGAGE CO INC ADDRESS:ADDRESS: 210 Main Street211 NORTH ST TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: NORTHAMPTONMA01060NORTHAMPTONMA01060 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: (413) 586-5626 (105) (413) 587-1231 EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: 360 NORTH KING ST RR(74)/SR(26)//RI TOWN:ADDRESS: ACTION TAKEN: NORTHAMPT0N MA 01060 Approved With Conditions MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 13036001 Chpt. 350-10.5: Open Space Residential TOWN:STATE:ZIP CODE: Development Book:Page: 1216231 PHONE NO.:FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: Two lot Cluster with one single family and one 2-family and common driveway. HARDSHIP: CONDITION OF APPROVAL: 1)Prior to any site work, the applicant must return to amend the site plan showing the location of the common driveway, layout and design of the driveway, building elevations, location of the new structure, and detail of location of sidewalk construction along N. King Street. 2.) A bituminous sidewalk, to match the sidewalk installed in front of the River Valley Market, shall be installed as far along the frontage of the site as feasible up to a maximum $2,000 worth of work. This amount meets the criteria for traffic mitigation. 3.)The internal property boundary between Lot 2 and 3 may be changed, as deemed desirable by the applicant, through the ANR process so long as neither lot drops below the minimum lot size required for cluster lots in 350 Attachment 2. FINDINGS: The Planning Board granted the Special Permit for the cluster open space development for the creation of two lots. One lot would contain the existing single family house and the second lot would have a 2-family structure. Approval was based on the following plans submitted with the application materials: "Plan of land in Northampton" prepared for The City of Northampton" by The Berkshire Design Group, Inc. Lots 1, 2, 3 Title: Merrimack Mortgage Company, Inc. Approval Not Required Plan. Dated June 22, 2009. The Planning Board found 1) The requested use protects adjoining premises against seriously detrimental uses. One new duplex on 13+ acres is far less dense than what could be developed otherwise and less than the 88 units that were previously approved. Surface water drainage will be contained on site, sound and sight buffers and preservation of views, light, and air; will be achieved through preservation of most of the parcel under permanent protective status. (2) The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets, minimize traffic impacts on the streets and roads in the area. If applicable, this shall include considering the location of driveway openings in relation to traffic and adjacent streets, access by emergency vehicles, the arrangement of parking and loading spaces, and provisions for persons with disabilities. The project, including any concurrent road improvements, will not decrease the level of service (LOS) of all area roads or intersections affected by the project below the existing conditions when the project is proposed. The Board accepted $2,000 worth of mitigation for the one new lot approved that would not otherwise be by-right. Mitigation will include sidewalk construction. (3) The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape, existing buildings GeoTMS® 2009 Des Lauriers Municipal Solutions, Inc. Planning - DecisionCity of Northampton Hearing No.:PLN-2009-0057Date: August 5, 2009 and other community assets in the area; The applicant will submit a revised site plan showing common driveway location and elevations of proposed structures for approval. (4) The requested use will not overload, and will mitigate adverse impacts on, the City's resources including the effect on the City's water supply and distribution system, sanitary and storm sewage collection and treatment systems, fire protection, streets and schools; (5) The requested use meets the special regulations set forth in 10.5. 12 acres of open space will be given to the City. (6) The requested use bears a positive relationship to the public convenience or welfare. The use will not unduly impair the integrity of character of the district or adjoining zones, nor be detrimental to the health, morals, or general welfare. The use shall be in harmony with the general purpose and intent of the ordinance; and (7) The requested use will promote City planning objectives to the extent possible and will not adversely effect those objectives, as defined in the recently adopted Sustainable Northampton plan adopted under MGL c. 41, § 81C and 81D. The Land Use Plan encourages housing and open space preservation. COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 7/2/20097/16/20098/6/2009 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 7/9/20098/26/20097/23/20098/6/20098/25/2009 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 7/9/20097/23/20097/23/20098/5/2009 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 7/16/200910:30 PM10/21/200910/21/2009 MEMBERS PRESENT:VOTE: Marilyn Richardsvotes toGrant Katharine G. Bakervotes toGrant Stephen Gilsonvotes toGrant Mark Sullivanvotes toGrant Francis Johnsonvotes toGrant George Kohoutvotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Katharine G. BakerMarilyn Richards6Approved with Conditions MINUTES OF MEETING: Available in the Office of Planning & Development. I, Carolyn Misch, as agent to the Planning Board, certify that this is a true and accurate decision made by the Planning Board and certify that a copy of this and all plans have been filed with the Board and the City Clerk on the date shown above. I certify that a copy of this decision has been mailed to the Owner and Applicant. ___________________________________ Notice of Appeal An appeal from the decision of the Planning Board may be made by any person aggrieved pursuant to MGL Chapt. 40A, Section 17 as amended within twenty (20) days after the date of the filing of the notice of the decision with the City Clerk. The date is listed above. Such appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk of the City of Northampton. GeoTMS® 2009 Des Lauriers Municipal Solutions, Inc. u 1 NOTES: 1. FOR LOCUS PROPERTY nrr LnmNCE, SEE CITY OF NORTHAMPTON ASSESSORS MAP 13 PARCEL 038. 2. WETLANDS FLAGS DELINEATED BY OTHERS. I FIELD TOPOGRAPHY AND WETLANDS LOCATION BY THE BERKSHIRE DESIW GROUP, INC. 4. LOCATION: OF UTILITIES SHOWN HEREON ARE THE RESULT OF SURFACE EVIDENCE AS LOCATED BY FIELD SURVEY, PLANS OF RECORD, INFORMATION FURNISHED BY THE RESPECTIVE UTILITY COMPANIES. AND OTHER 1 AV AILABLE SOURCES. THIS PLAN DOES NOT NECESSARILY DEPICT THE EXACT LOCATION OF. ALL UTILITIES WHICH MAY EXIST AT THIS TIME WITHIN THE PREMISES SURVEYED. LOCATIONS SHOULD BE VERIFIED BY THE 1 RESPECTIVE UTILITY COMPANY BEFGORE BEING RELIED UPON. - CONTACT DIG SAFE AT .1- 800-- 344 -7233 BEFORE EXCAVATION. S. FOR LOCUS PROPERTY TITLE. SEE DEED TO JASON C. & SUSAN E. NILES IN BOOK' 7326 PAGE 183. f SEE ALSO A PLAN ENTITLED "PLAN OF LAND IN NORTHAMPTON, MASS. BELONGING TO ALBERT E. ADDIS" DATED MAY 1926 BY E.E.DAVIS C.E. 6: THE LOCUS IS SUBJECT TO AND TOGETHER WITH THE BENEFITS OF ALL RIGHTS, COVENANTS. EASEMENTS, � RESTRICTIONS, AND RESERVATIONS OF RECORD. • 1 7. 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OUT = 7 pro;' no• 52005 -87 ism sod* 1 a w 60' dote 12/00/2003 re 05/16/2WO 0/ Berkshire- - -� Design *' ' Group, Inc. sr+�i 'anz�"�000 F 502-7W6 60 0 80 20 0 N . 0/ \� 120 180 10 40 OF PAM IL UJIMM EXISTING 240 FEfT 1 60 MMRS i Zoning /Planning Application: Do NOT leave this page until it prints!!'! - DEC E�VE JUN 2 2 2009 Owner: Merrimack Mortgage Address: 211 North Street, Northampton, Massachusetts 0106 ) CITY CLERKS OFFICE NORTHAMPTON, MA 01060 Applicant: City of Northampton, c/o Office of Planning and Development Address: 210 Main Street, Room 11, Attn: Wayne Feiden, Northampton, Massachusetts 01060 413 - 587 -1265, wfeiden @northainptonma.gov I represent under the pains and penalties of perjury that: 1. The information in this application is correct 2. Two copies of the application (EXCEPT for ANR plans) have already been delivered to DPW. 3. I have ALREADY posted the required sign on the property. 4. The OWNER has authorized the City to inspect this property Applicant signature: Owner Signature: see attached option Work Location: 360 North King Street, Northampton 01060 Map ID: 13 -36, Deed: Book 9668, Page 77, Zoning: SR, RR, RI Permit(s) Requested: PLANNING Special Permit w/ INTERMEDIATE Site Plan ($200, except flag lots $1,000) Regulations: Section 350 -10.5, (open space) 10.11 (Residential Incentive), Table of Use Project: 1. TWO -LOT OPEN SPACE RESIDENTIAL DEVELOPMENT (existing single family home and new two family home): We request that the Special Permit note that enough open space has been preserved to allow six Residential Incentive units (including the house), although a new Site Plan and Special Permit would be required for such project and the board makes no representations it would issue such a permit. 2. COMMON DRIVEWAY for existing single family and new two family. FOR BOTH PERMITS 1. We request Site Plan Approval and Special Permit now to allow preservation of the open space. 2. We do not object to a requirement for final Site Plan approval once the two - family home has been frilly designed. PERMIT CRITERIA Special Permit and Site Plan Criteria: PROTECT adjoining premises from seriously detrimental uses: preserve 12 acres of land, drop 84 units originally permitted MITIGATE and MINIMIZE traffic impacts: drop 84 units originally permitted, only one more unit f than allowed by right PROMOTE a harmoiuous relationship of structures and open space: add open space to Fitzgerald Lake Conservation Area PROTECT the general welfare: Add open space and concentrate development in urban area AVOID OVERLOADING and MITIGATE City resources: Reduce number of units from already permitted. PROMOTE and NOT HARM City planning objectives: Meet open space plan goals Meet all zoning requirements: Meets all zoning requirements Project minimi curb cuts, Project only uses one curb cut, Project uses a common driveway or shared service road for access Reduce number of units by 84 from previously approved plans, add trail to provide access from North King Street and the River Valley Market to Cooke Avenue and the Pines Edge townhouses. In lieu of studying and mitigating ALL off -site incremental traffic, I am proposing $2,000 in -lieu of fee per peak hour vehicle trip ($1,000 for projects within 1/2 mile of downtown or Florence Center) Requested Site Plan Waivers: 1. Site Plan at 1" = 40' or greater: 1 "= 60' provided to show entire site 8. Location and details of all stormwater drainage, detention and water quality facilities, public and private utilities and easements, sewage disposal facilities, water supply facilities: Project is simply two family home, which has not been designed yet. Planning Board can require a revised permit once this has been designed. 9. Existing and proposed landscaping, trees, plantings, stone walls, buffers, and fencing: No change proposed except, when new duplex developed, for tree clearance in location of new home and wider driveway 10. Existing and proposed signs locations, dimensions, and details: No existing or proposed signs. 11. Provisions for refuse removal and screening: All refuse within buildings. 12. Lighting /Photometric Plan (maximum 0.5 foot candles at property boundary): No free standing lighting. Any wall pack shall be designed to meet this standard. I will post the REQUIRED sign on or before July 9, 2009 so it is visible from a public way CITY CLERK USE. • Submitted. • _/_/09 Decisioii: _1_109 Application must include fee and (except for ANRs) $40 check made to "Daily Hampshire Gazette" File # MP- 2009 -0105 �i APPLICANT /CONTACT PERSON City of Northampton - Office of Planning & Development ADDRESS /PHONE 210 Main Street ()587-1265() PROPERTY LOCATION 360 NORTH KING ST MAP 13 PARCEL 036 001 ZONE RR(74) /SR(26) //RI THIS SECTION FOR OFFICIAL USE ONLY:, PERMIT APPLICATION CHECKLIST, ENCLOSED REQUIRED DATE OWING FOR FILLED OUT � ee ai Building Permit Filled out Fee Paid Tvpeof Construction: ZPA - SF,2 FAMILY CLUSTER,SHARED DRIVEWAY New Construction Non Structural interior renovations Addition to Existing Accessory Structure Building Plans Included: Owner/ Statement or License, 3 sets of Plans / Plot Plan THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON INFORMATION PRES TED: Approved VAdditional permits required (see below) PLANNING BOARD PERMIT REQUIRED UNDER: § > Intern iediate Project: Site Plan AND /OR Special Permit with Site Plan ,°T Major Project: Site Plan AND /OR Special Permit with Site Plan ZONING BOARD PERMIT REQUIRED UNDER: 4 Finding Special Permit Variance* Received & Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Septic Approval Board of Health Permit from Conservation Commission Permit from Elm Street Co ssion Signature of Building Official Permit from CB Architecture Committee Permit DPW Storni Water nagement Date Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning requirements and obtain all required permits from Board of Health, Conservation Commission, Department of public works and other applicable permit granting authorities. Water Availability Sewer Availability Well Water Potability Board of Health * Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact the Office of Planning & Development for more information. File No. .. ��� ~� - °:; c,il.:0 ,1(1�►�LRMIT APPLICATION ( §Y O.2) U�i'P,..lease type print all information and return this form to the Building Inspector s Office with the $15 filing fee (check or money order) payable to the City of Northampton 1 . Name of Applicant: City of Northampton through its Office of Planning and Development Address: 210 Main St, Rm 11, Northampton Telephone: 413 -587 -1265 2. Owner of Property: Merrimack Mortgage Company, Inc Address: 211 North Street, Northampton Telephone: 413 -586 -5626 x105 3. Status of Applicant: Owner Contract Purchaser Lessee 13gp4�,,j f for portion 4. Job Location: 360 North King Street Parcel id: Zoning Map# 13 Parcel# 36 District(s): SR, RR, RI In Elm Street District In Central Business District (TO BE FILLED IN BY THE BUILDING DEPARTMENT) 5. Existing Use of Structure/ Property: Single Family Home 6. De rjptio of ropos U Work /Project /Oc upation: (Use tlon l heets if nec ssary : , ingfe am y om e on a cluster lot M o 'fron a e�wl th 130 deep Two Family Home on a cluster lot 135' width (more frontage) Shared driveway OR merged Lot 1 and 2 with driveway serving three cluster townhouses See attached plan for details XX 7. Attached Plans: Sketch Plan Site Plan Engineered/ Surveyed Plans 8. Has a Special Permit /Variance /Finding ever been issued for /on the site? NO DONT KNOW YES X IF YES, date issued: February 21, 2007 IF YES: Was the permit recorded at t Registry of Deeds? NO DONT KNOW X YES IF YES: enter Book Page and /or Document // 9.Does the site contain a brook, body of water or wetlands? NO DONT KNOW YEXn lot 3 not 1 or 2 IF YES, has a permit been or need to be obtained from the Conservation Commission? Permit not required for lot 1 or 2 Needs to be obtained Obtained , date issued: (Form Continues On Other Side) W:\llomimemslFOnIS5 originalUluilc ling-f nspectoAZoning- Pemi[- Applicnlion- passive.doe 8/4/2004 J 10. Do any signs exist on the property? IF YES, describe size, type and location: YES NO XX Are there any proposed changes to or additions of signs intended for the property? YES NO IF YES, describe size, type and location: 11. Will the construction activity disturb (clearing, grading, excavation, or filling) over 1 acre or is it part of a common plan of development that will disturb over 1 acre? YES NO xx IF YES, then a Northampton Storm Water Management Permit from the DPW is required. 12. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION This column reserved for use by the Building Department EXISTING PROPOSED REQUIRED BY ZONING Lot Size 13.51 3 lots: 12.5, 1.1, and .25 acres Frontage 319.33' 50'.85'.184' Setbacks Front 40' 40' Side L:220 R: apr. 2C L: 20' R: 20' L: R: Rear Building Height Apr. 25' 30' Building Square Footage Apr. 1,800 1,800 plus 3,500 % Open Space: (lot area 99% 75% minus building Et paved parking # of Parking Spaces Undefined gravel ar a 4 I# of Loading Docks None I None I Fill: None fillip associated new du lex (volume lr location) g p 13. Certification: I hereby certify that the information contained herein is true and accurate to the best of my knowledge. Date: (7 // � o, .57 Applicant's Signature 4 �` s" NOTE: Issuance of a zoning permit does not relieve an applicant's burden to comply with all zoning requirements and obtain all required permits from the Board of Health, Conservation Commission, Historic and Architectural Boards, Department of Public Works and other applicable permit granting authorities. W: \Ducumenls\FORMSbriginal\Building- Inspector\ Zoning- Permil- Applicalion- pnssive.doe 8/4/2004 CONTRACT NUiviBER: # BUDGET CODES: VENDOR NUMBER: OPTION FOR PURCHASE OF LAND Portion of Map ID 13 -36, 360 North King Street Zoned Rural Residential and Residential Incentive Overlay This Option made by and between Merrimack Mortgage Company, Inc, having an address of 1045 Elm Street, Suite 601, Manchester, NH ( "Optionor "), with a� mailing address for this project m °° ° of ATTN: Todd Barron, c/o � ��W Applied Mortgage Services, �� 211 North Street, Northampton, °° °' ' - ;=� MA 01060 and the City of ••' :° =_ Northampton,ATTN:t `� Wayne -. �... Feiden, Office of Planning and Development, 210 �a °� "'° " � "� Main Street, Room 11, Northampton, MA O1060, a Massachusetts , ''... municipal corporation or its ar,' _ e— " ` assigns ( "Optionee "). For and in consideration of the � .� �, �.� � � � .� 3 ; rR " "" "' " Sum of One Dollar ($1.00), '.— _' —__._ a y � I = the receipt .52G'200 SO. Pr. ±, .. � and sufficiency of ! g F - 1 2 . °"^`x - which is hereby acknowledged, .:m��ss the Optionor hereby grants " '' �" __ — to the Optionee an exclusive right and f.2 •�.\ '.)` �).. der __— �_� i; uz I wl option to purchase a 9 , , I certain parcel of LAND Y ,,;' . `,„; .. - °emu �'' I� situated u LQ I� North off the westerly side of "' 1 52,264$Q King Street M �.200AF�RES - , . r OT 2 upe' ma xx:ml 11.05050. PT .I e,.-5 Northampton , ro y �,P - 0.253 ACRES- Hampshire County Massachusetts. Said LAND is a portion of Assessors �� °.eu NORTNKING9TRCEr ua� PR OGRES Map 13 as �A19949t+a NM1✓NAlovm^ RINT Parcel 36, being land ��aaa:.�„ �n.�d� „��,� P g described in a Massachusetts �� �� X200 Lacs I, 2 *.3 T'We: Foreclosure Deed by o Y^n' •x mn : � MEMMACK S ee: Book 9658 1, SGG& TGAGE COMPANY, INC. � Page 5 TOTAL AREA: 589,500 50. FT.- Corporation recorded 13.53 AC.- n — o w at the Hampshire County . Registry of Deeds in Book ( N�RTHA PTON, MASSACHUSETTS 1 ( 1e 1 ( APPROVAL NOT REQUIRED PLAN 9668, lH! CITY OF NORTHAMPTON Page 77, being more I l EC particularly described as: All of the land on Map ID 1 -36 westerly of an imaginary line extena' aig between the southwesterly most point of parcel 13 -35 (being a jog in the property line of parcel 13 -35 approximately 50 feet southeasterly of the southwest corner of that lot) and the northwesterly corner of parcel 13 -38; and A fifty foot strip immediately north of parcel 13 -38 to the other land being conveyed in the above paragraph; all shown as Lot 1 on the above plan; and EXLUDING the existing house (360 North King Street) and 1.4 acres to be retained with the house, more or less, and the rights for any portion of the current driveway, if any, which may be on the above described fifty foot strip (this exclusion herein described as " Optionor's Retained Land "), shown as Lot 2 and 3 on the above plan. Purchase Price and Terms. The purchase price for the LAND shall be Seventy 'Thousand Dollars ($75,000.00) if closing occurs on or before November 1, 2009 and Eighty Thousand Dollars ($80,000) if closing occurs after November 1, 2009, by certified or bank check, check from the City of Northampton, or wire transfer of funds. The Optionor shall pay off all real estate taxes due and payable as of the date of closing, together with interest and penalties thereon, if any. Final sale shall be structured so that 1.5 to 2.0 acres shall be donated to the city, consistent with the requirements in a portion of the transfer to the City is a donation, to allow development rights to be retained on the Optionor's Retained Land (see below), with the remaining transfer a sale for the full consideration listed in the above paragraph. The parties acknowledge that although the purchase price was negotiated on a willing buyer /willing seller negation and the City never raised or suggested any eminent domain action if an agreement could not be reached, other than the "friendly" eminent domain to clear title, if necessary, discussed in this Option. The Optionor agrees that they are voluntarily donating the difference, if any, between the appraised value of the property and the agreed upon purchase price. The Optionee agrees that this donation is for a public purpose. Optionee shall not assume any of the Optionor's tax liabilities, including, without limitation, Optionor's responsibility to pay costs, if any, for land removed from M.G.L. Chapters 61 and 61A, stumpage fees, land transfer tax (tax stamps), and any other applicable tax, fee or assessment. The Optionor agrees that upon payment of the purchase price, Optionor shall execute and deliver to the Optionee a good and sufficient grant of a quit claim deed running to the Optionee free of any liens and encumbrances, other than encumbrances of record which do not materially affect the value or intended use of the LAND, and free of tenants and occupants. If Optionor cannot convey the LAND free of encumbrances as provided for herein, Optionee may still elect to purchase the LAND. Optionee reserves the right to acquire the LAND by eminent domain to clear title or for any other reason, in accordance with the terms of this option, Optionor shall agree to waive any rights to contest the taking or the award, provided the price paid is not less than the option price contained herein, the LAND is taken to the expiration of this option or any extensions which may be agreed upon, and all terms of this Option remain the same as provided herein. Optionor's Retained Land Unless waived in writing by the Optionor, the Optionee may only exercise this Option if the Optionor obtains for the Optionee a Special Permit that: 1. Allows a zoning "credit" for the Optionor's donation of the 1.4± acres of land immediately behind the Optionor's Retained Land and grants a reduction of a required lot size and rear setback requirements based on that reduction, as allowed in accordance with Northampton. Zoning section 35 0 -6.3 (C) 6; .and 2. Allows the existing house (Lot L) "as an Open Space Residential Development project) and a new two - family home (Lot 2) as an Open Space Residential Development on the Optionor's Retained Land; provided however that the permit will require that the landowner of the Optionor's Retained Land return for a final Site Plan approval once they determine the final configuration of the new development. The Optionee shall provide a survey sufficient to demonstrate to the Optionor that the zoning "credit" is sufficient to allow the site to be eligible for a Special Permit for six townhouse units, including the existing house, of which two would be required to be Affordable Housing units (as defined in the zoning). The Optionor acknowledges and agrees that this does not guarantee in anyway that such a Special Permit nor any other required permits would be granted and that pursuing this development option would be instead of, not in addition to, the existing house and new two family house detailed in the above paragraph. The Optionor further acknowledges and agrees that the Special Permit herein described above is the only permit that the Optionee has agreed to apply for and that any other permits from other city, state, or federal agencies are the responsibility of the Optionor and the City makes no representations as to the ease or difficulty of obtaining such permits. This paragraph is intended as a full disclosure and is not intended in anyway to discourage the lot owner from pursing this option, which would provide affordable housing that the City of Northampton and its Office of Planning and Development very strongly encourages. Closinz. The Optionee's commitment to exercise the Option shall be delivered no later than May 1, 2010, but both parties agree that time is of the essence and closing shall be held as soon as possible. The Option shall be exercised by mailing, certified mail, or hand delivering written notice of Optionee's intent to exercise this Option to Optionor's address listed above, said mailing to occur on or before said date. The Optionee may assign its right to purchase all or a portion of the LAND upon giving written notice of such assignment to Optionor, provided it arranges for simultaneous closing on the LAND and all terms of this Option remain the same as provided herein. Optionor and Optionee agree that this Option may be recorded in the Hampshire County Registry of Deeds. Right of Entry. During the term of this Option, the Optionee and the Optionee's authorized agents shall have the right to enter upon the Land for any and all purposes consistent with surveying, inspection, testing, measurement, permit applications, vernal pool certifications, or other considerations of Optionee relating to the use of the Land, including such limited cutting of trees and brush as are needed to allow measurements. Optionee agrees to indemnify and hold Optionor harmless for any claims or damages to person or property arising from such entry onto the LAND, and Optionee further agrees to restore the LAND to its condition prior to such testing. Optionor hereby grants the Optionee permission to apply for any necessary permits and approvals necessary for the Optionee's reuse of the property. Non - Exercise of Option. In the event this Option is not exercised in accordance with the terms herein contained, the consideration paid simultaneously with the execution hereof shall be forfeited by the Optionee to the Optionor and shall be liquidated damages to the Optionor. Such forfeiture, together with any other benefits accruing to Optionor under the terms of this Option shall preclude the imposition of liability at law or in equity against either party and no further obligation hereunder; and the Option granted herein shall expire without the necessity of any further. action or recording by either party. The Optionor agrees not to cut timber'on the property or remove any minerals )ring the term of this Option without the prior written approval of the Optionee. Purchase price shall be reduced by twice the sum received by Optionor for any timber or minerals removed from the Land. No Broker. Optionee represents and warrants that it did not hire or enter into any agreement with any real estate broker nor any other person who could be entitled to a real estate commission with respect to the transactions contemplated herein. Optionor represents that it did not hire or enter into any agreement with any real estate broker nor any other person who could be entitled to a real estate commission with respect to the transactions contemplated herein. Hazardous Materials. Optionor represents and warrants that to the best of its knowledge and belief, there are no underground storage tanks on the LAND, nor of any release or threat of release of oil or hazardous materials on the Land, as these terms are defined by M.G.L. c.21E. This provision shall survive the closing. Entire AF4reement. This Option contains each and every agreement and understanding existing between the parties relating to the subject matter hereof and supersedes all previous negotiations, representations, commitments and writings. Any changes, modifications or additions to this Option shall be in writing and signed by Optionor and Optionee. Except as specifically set forth herein, each party shall bear all its own costs of this transaction, including without limitation legal fees and if the Optionee desires or is required to obtain a new survey, Optionee shall pay such surveying costs. Governing Law This Option shall be construed under the laws of the Commonwealth of Massachusetts and shall inure to the benefit of and bind the parties and their respective heirs, executors, administrators, personal representatives, successors and assigns. 4 C n JUN -01 -2009 16:39 MERRIMACK MORTGAGE 603 606 5755 P.02 IN WITNESS WHEREOF, Optionor and Optionee have execoted this Option as a sealed instrument this day of June 2009. Me smack Mortga a Company Inc. Optionor; D M resident Todd B r} Kraig Burnham 0tv of Northamipton, Orltionee Wayne Feiden, FAICP, Director of Planning and Development Joyce Karpinski, City Auditor, as to appropriation Joe Cook, Chief Procurement Officer, as to procurement and to form Mary Clare Higgins, Mayor E TOTAL - P -._0�:) . � • i �4. �. th'e .......... , ::at-360'N6rth!�King,,Sir66t:as��pbrt of, '�Fitigerzild i., �iPe '�f � rmittiqg-o : al� Sfre'btto,. low' twoito.eig t 6ddiii6nat . ..... ..... uni,ts,�;inst�6ad-i6f!the9'0 6' p r p ei' rt per.m fitte d' nitlid.,6nfire, . ..... ...... .. . . . .. ....... fma 1Open Space added ,M.—k M P-51A, to Fitzgerald Lake T Conservation Area X: 1 . LOT I f52G.'200 5 Fr. N d _ 175 F9 -INewtwo-family ^OPaciu ff 41_� �4 P ar �P a 35- 1720 3 1 .,Foo :5 13 - OSB 11 ZIM21 T LOT P 1 1 .050 50. rr.:t -0.253 ACPE5 -No change to curb cut. -Water and sewer subject to final approval from DPW when ..... ..... ..... two-family built. D' . -No outdoor lighting other than 319. D11 R_ Common Driveway-forLots 1, 2 & 3 (only) NORTH'KIN 3 single wall mounted light A e343w.H,5h"1 Only driveway access to 3 lots (in deeds out facing parking for each unit, in � 110.M W� Mii.AY MD Max. grade 10%, min. -1 5'wide. �W M M UX V WT 1. WT 2 t 2 U­Zo Lai conformance with zoning. �MR �m � m No turnouts required. Easements shown. Lat5 1, 2 4 3 Title: Final plans need final Plan. Board approval Site Master Planner: City of Northampton MEMMACK MORTGAGE COMPANY, INC. Lot 1 & 2 developer: Merrimack Mortgage 5ee: book 9GG8 Pa 77 V f20 360 North King St- Limited Development TOTAL AREA-. 589.500 5Q. FT..-t 4 1 13.53 AC.:L WHEN: 6:00'PM,'Tuesday July 7 th WHERE: Community Room, River Valley"Market (check in - at - -customer , service - desk) PLANNING ANDDEVELOPMENT ® CITY oFNORTHAMPION planning • conservation • zoning • housing partnership - redevelopment • northampton CIS economic development • community development • historic • community preservation • central business architecture Wayne Feiden, FAICP, Director of Planning and Development • 1 • 1�13-587-1265 99TP ._ - rO I'nVitatio' n'yto1,:Nbi 'h ' 'hbd od" I r o Discuss�Ossible, ttivftlili& N. � Am' n e'di'atEilvrhorth.6f.-River, Valliev - ,that , . cl 'Id.6ff66i",YOU,R- .c �FOR INFORMATION: WayneTeiden, WFeiden(cDNorthamptohMA.gov. 'The - formal public-heari ng is-tentatively.scheduled-for.July23 d, butthis is %you r. chance - to, explore - these actions before - formal - public - hearing. City Hall '• 210 Main Street, Room 1:1- Northampton, MA 01060 - www.NorthamptonMa.-Ov - Pax 413- 587 -1264 original printed on recycled paper It NN J NOTES: 1. FOR LOCUS PROPERTY REFERENCE, SEE CITY OF NORTHAMPTON ASSESSORS MAP 13 PARCEL 036. 2. A FIELD SURVEY WAS PERFORMED BY THE BERKSHIRE DESIGN GROUP, INC. FROM CALENDAR YEARS 2005 TO 2007. 3. THE HORIZONTAL DATUM IS ASSUMED. 4. THE VERTICAL DATUM SHOWN HEREON IS NAVD 88 USING NGS BENCHMARK E40, A DISK NEAR UP 102, DOWN 2'. ELEVATION= 169.78'. 5. WETLANDS FLAGS DELINEATED BY OTHERS. 6. THE LOCUS IS SUBJECT TO AND TOGETHER WITH THE BENEFITS OF ALL RIGHTS, COVENANTS, EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD. 7. LOCUS PROPERTY IS ZONED RR (Rural Residential). AND IS LOCATED IN A RI ZONING OVERLAY (Rural Incentive). REFERENCE PLANS: 1. "PLAN OF LAND IN NORTHAMPTON, MASS. BELONGING TO ALBERT E. ADDIS" DATED MAY 1926 BY E.E.DAVIS C.E. AND RECORDED IN PLAN BOOK 26 PAGE 74. 2. "PLAN OF LAND IN NORTHAMPTON, MASS. OWNER BILLMAR CORPORATION BK. 1337, PG. 407" DATED qtr i 0ABER 22, 2004 BY RICHARD J. LABARGE SR. PLS AND RECORDED IN PLAN BOOK 202 PAGE 33. 3. "PLAN OF LAND IN NORTHAMPTON, MASSACHUSETTS PREPARED FOR MARY A. SKIBISKI" DATED JULY 6, 1993 BY ALMER HUNTLEY, JR. & ASSOCIATES, INC. AND RECORDED IN PLAN BOOK 175 PAGE 183. 4. "DEFINITIVE SUBDIVISION OF LAND IN NORTHAMPTON, MASSACHUSETTSPREPARED FOR PINES EDGE ASSOCIATES PARTNERSHIP" 2 SHEETS DATED OCTOBER 18, 1989 BY ALMER HUNTLEY, JR. & ASSOCIATES, INC. AND RECORDED IN PLAN BOOK 166 PAGE 53. 5. "PLAN OF LOTS BELONGING TO R.H. CLARK NORTHAMPTON, MASS." DATED OCTOBER 25, 1923 BY E.E. DAVIS, UNRECORDED. 6. "PLAN OF LAND IN NORTHAMPTON, MASS. BELONGING TO ANTHONY NIMOHAY" DATED JULY 31, 1947 BY W.W. FORBUSH, REG. C.E. AND RECORDED IN PLAN BOOK 30 PAGE 18. 7. "PLAN OF LAND IN NORTHAMPTON, MASS. BELONGING TO JOHN D. AND EVELYN PURCELL" DATED MARCH 22, 1952 BY W.W. FORBUSH, REG. C.E. AND RECORDED IN PLAN BOOK 43 PAGE 20. 8. "PLAN OF LAND IN NORTHAMPTON, MASS. BELONGING TO FLORENCE 1. CLARK" DATED OCTOBER 11, 1960 BY DAVIS ENGINEERING CO. AND RECORDED IN PLAN BOOK 57 PAGE 116. 9. "THE COMMONWEALTH OF MASSACHUSETTS PLAN OF ROAD IN THE CITY OF NORTHAMPTON HAMPSHIRE COUNTY ALTERED AND LAID OUT AS A STATE HIGHWAY BY THE DEPARTMENT OF PUBLIC WORKS" EIGHT SHEETS DATED JULY 17, 1934 AND RECORDED IN PLAN BOOK 19 PAGES 14-28. 5 13 -037 '`N�� n/f ©� James F. Laizer Book 8060 Page 250 0` � g F1 0 -•1�/ 2 3/8 PIN / IN STONES 7 AL AL �-- e�--- - � A 86 / B2 84 illk C1 B3 AL C9 AL C3 AL FLAGGED AL AL WETLANDS AL O6 C4 / c5 AREAS o f \ \ EXPOSED EDGE _ AREAS � AL EVROSED AL i / F 1 LEDGE lls. / �• / AIL A illy • .. AL E9 ��0 FLAGGED E10 WETLANDS E14 E12 E � �� E6 AL AL .� '� E3 ' 'tom •�'\ 5 ,C0 E4 NA \ A13 ilk I M 4 A15 AL -- - ( Ak A11 � AL A16 255 A10 � FLAGGED WETLANDS ' r ` \ \ ( Ag A17 A19 AS ikL AL A1B Ilk A5 \ \ A7 -AL �� GE EAS 18 -042 �o $\cPOSED n f ecU LEDGE \ Conservation Commission 5� - Conse \ 13 029 of the City of Northampton n/f \ > Open Spac added \ Book 3557 Page 148 PlanBook 166 Pgs 53/54 - � � � Wayne G. Thibault do Frances M. Thibault RESERVED FOR REGISTERS USE ONLY CITY OF NORTHAMPTON, MASSACHUSETTS PLANNING BOARD APPROVAL NOT REQUIRED UNDER SUBDIVISION CONTROL LAWS. DATE: NOTE: PLANNING BOARD'S ENDORSEMENT IS NOT A DETERMINATION THAT THE LOTS SHOWN ARE BUILDABLE LOTS. 18 -003 n/f Mary A. Skibiski Book 9765 Page 314 PlanBook 175 Pg 183 "X" MARK IN STOF'r* 1 ` � � lV r'IILtJ. Cf dIU LQI'\C � `� Book 2344 Page 189 ' 0 1 Conservation Area � � � , T BASE � 3/4' IRON PIPE : AT CORNER OF �'� / / -- - 5�7 3 � O �Q. FT. j � STONE WALL / � XPOSED / LEDGE � � / AREAS qr ` �o °S CE - N co Pr � � � \�� �: -_� � � , � � � New two-family 1 �� EXP U / � y �XPOSED / 25 �� �p LEDGE � G \ � 3 qD I I t � � / / � j � ` � / � � I ( IRON PIP -0 3/4" IRON N � � � \ / � / l P 0.$� PIPE FLUSH � ,�. � j � ` � - - AT BASE (1't OFF �5-� L ' � � / / � � FOUND _ PIPEUP CORNER) 1' I SA � �.� \ C"` \ � �1 � X65%' j �XPO�o � � � IRON rF'1E / � AT BASE EXPOSED 233 PIN L00 D .� JUDGE / '(lp 2 ti j � N22'08 35E�j 172.71 � 3/4' IRON � .. - � � S21'2�3�M1- _ _X59:22 30 I � ?� 13 -035 i ! 1 - � ut� of C - � T - � ^/f T OP OF QUAR r � � � ��y�� � 2 2�4 �. 1 1 . ±, Angelique Lauren � WALL � v Andrew M. Bustamonte � yu / 1100 54.- p Book 7854 Page 62 � � 240 �g � 13 -038 3 � �� � `� \ � �= LOT 2 / 1 � p � 215 11 � 8illmor n/ Corporation Z Sbpg�- � / � � � � 1'02�19E � � 0 � ,JQ 5Q. �. ± Book 1337 Page soy ' "i ;� -� � Z �, 0.253 ACRES � � LEAD LEAD Xsuc - s ' PlanBook 202 Pg 33 -�- - �o - 2os / GSg lip t i � / p W -No change to curb cut. Z;o= � __� 1� = �.° HOUSE 205 _ � �. WOODS -Water and sewer subject to 2�- _ _ � - �� s " � � , _ f pRNNAG T ?� J tes _ _ / _ � D.H. IN � �P X6" GS -- -- �9� .� � 6B / 0 final approval from DPW when 190 - �.o-,� -- _- two- family built. ,�� _ _ �- - ,.SZ.oS � S2,ro2.19''" 3,9.3 DE'Common Driveway for Lots 1 2 & 3 ( onl y) -No outdoor lighting other than PIL IN 14080 NORTH KINGS `A" single wall mounted light fi "��s � q 1934 State H ►9hwayA! n Only driveway access to 3 lots (in deeds out) facing parking for each unit, in NON-EXCLUSIVE SHARED DRIVEWAY AND ACCESS NON-EXCLUSIVE SHARED DRIVEWAY AND ACCE Max. grade 10 %, min. 15'wide. EASEMENT FOR THE USE OF LOT t, LOT 2 AND EASEMENT FOR 'ME USE OF LOT 2 AND LOT 3. No turnouts required conformance with zoning WT 3 . ` Easements shown. f Northa pots i , 2 * 3 Tale Final plans need final Plan. Board approval Site Master Planner C i ty O MERRIMACK MORTGAGE COMPANY, INC. Lot 1 & 2 developer: Merrimack Mortgage See: Book 9668 Page 77 6 o so �zo r8o 240 FEET 1 360 North King St. Limited Development TOTAL AREA: 589 ,soo sQ. Fr.± 1 3.53 AC. ± 20 o zo +o so ME IEies PLAN OF LAND IN NORTHAMPTON, MASSACHUSETTS vacvnam FOR THE CITY OF NORTHAMPTON III � i -�s pml zoo® The �°•^ = `7 Berkshire e I�sign dote 06MADW Group, Inc. nr ed 4 AMn Pll o Nor9rnl ftn MA 01000 ( 40) 582-70W FAX (48) 02 -7005 � J APPROVAL NOT REQUIRED PLAN f SEEWALD, JANKOWSKI & SPENCER, P.C. Attorneys at Law Alan Seewald Deborah Tobie Jankowski Robert J. Spencer Kristi A. Bodin Five East Pleasant Street Amherst, Massachusetts 01002 (413) 549 -0041 (Telephone) (413) 549 -3818 (Facsimile) Email: AS @SJSAmherst.com November 29, 2005 By First Class Mail and Certified Mail, Return Receipt Requested No. 7003 1010 0004 5857 3323 James M. Harrity, Jr. Equity Builders & Developers, LLC 41 Corticelli Street Florence, MA 01062 RE: 360 North King Street Northampton, MA 01060 Dear Mr. Harrity: This office represents Northampton Community Cooperative Market, Inc. I understand that you are engaged in negotiations for the acquisition of the land of Jason C. Niles and Susan E. Niles at 360 North King Street, Northampton. Massachusetts, and that you are also seeking to acquire a portion of the land of Billmar Corp. to the south of the Niles land. This letter constitutes formal notice that my client has entered into a lease agreement with Billmar Corp. relative to the Billmar land for a time period in excess of seven (7) years. This letter is intended to provide specific notice to you that any such acquisition would be subject to the lease rights of my client in accordance with M.G.L. c. 183, § 4. Those rights include options to extend the lease after an initial 20 -year term, and an option to purchase the Billmar land. In addition, please take notice that my client has been granted a special permit for the development of the Billmar land, and that that special permit may preclude the inclusion of the Billmar land as a part of the development of the Niles land. James M. Harrity, Jr. November 29, 2005 Page 2 Please direct any inquiries about this notice to me. Thank you for your attention to this matter. Very y ours, Alan Seewald AS /A xc: Rochelle Prunty, Manager, NCCM Jason C. Niles and Susan E. Niles Stuart A. Margolis, Esq., Attorney for Billmar orp. Wayne Feiden, AICOP, Planning Director " Massachusetts Department of Environmental Protection 1F - Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: From: When filling out forms on the Northampton computer, use Conservation Commission only the tab Property Owner (if different from applicant): key to move To: Applicant your cursor - do not use the James Haritty return key. Name Name r ` 515 Kennedy Road Mailing Address M Mailing Address Leeds City/Town MA 01053 State Zip Code City/Town State Zip Code retom 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Orien Ridge Condominiums Site Plan Existing Conditions 5/16/2006 Date Title Date Title Date Title 2. Date Request Filed: 5/1/2006 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): Project Location 360 North King Street Street Address 13 Assessors Map /Plat Number wpaform2 doc • rev 3/1/05 Northampton City/Town 36 Parcel /Lot Number Page 1 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.) 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) or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) 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. Confirmation of wetland flags for E1 -E9, F1 -F4, A7 -A13, B1 -B5 and C1 -C6 ❑ 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 or ANRAD Simplified Review (if work is limited to the Buffer Zone). ❑ 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: Northampton Wetlands Ordinance Chapter 24/25 Name Ordinance or Bylaw Citation Page 2 of 5 wpaform2 doc • rev 3/1/05 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.) ❑ 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). ❑ 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. Page 3 of 5 wpaform2 doc • rev 3/1/05 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 statuatory /regulatory 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 $1 by certified mail, return receipt requested on 30,304C <W6 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 Attachment) and the property owner (if different from the applicant). S' - atures: ¢ G � I v' �J �( J � JVrI � a00 (o Date wpaform2.doc • rev. 3/1/05 Page 4 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 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see Attachment) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he /she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2 doc • rev 3/1/05 Page 5 of 5 Massachusetts Department of Environmental Protection -- Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments, payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tynngham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield, MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone: 413- 784 1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax: 413- 784 -1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Mtllvdle Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester, MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone: 508- 792 -7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax: 508 - 792 -7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Cal Sterling Westford TDD: 508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phtlhpston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville, MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet Phone: 508 - 946 -2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax: 508 - 947 -6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD: 508 - 946 -2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston, MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone: 617- 654 -6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD: 617 - 574 -6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherborn Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester -By- The -Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield Wpaform2 doc • DEP Addresses • rev 10/6/04 Page 1 o 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: 1. Person or party making request (if appropriate, name the citizen group's representative): When filling out forms on the computer, use Name only the tab key to move Mailing Address your cursor - do not use the State Zip Code return key. City /Town rr Fax Number (if applicable) rze Phone Number Project Location return Mailing Address State Zip Code City/Town 2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1)): Name Mailing Address City /Town Phone Number 3. DEP File Number: B. Instructions State Zip Code Fax Number (if applicable) 1. When the Departmental action request is for (check one): ❑ Superseding Order of Conditions ($100 for individual single family homes with associated structures; $200 for all other projects) ❑ Superseding Determination of Applicability ($100) ❑ Superseding Order of Resource Area Delineation ($100) Send this form and check or money order for the appropriate amount, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 Page 1 of 2 wpaform2 doc • Request for Departmental Action Fee Transmittal Form • rev 10/6104 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see Attachment A). 4. 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. wpaform2 doc • Request for Departmental Action Fee Transmittal Form • rev 10/6/04 Page 2 of 2 t M71 - 3 1 Maseachus 5 Department of Environmental Stection Bureau d� of Resource Protection - Wetlands _ -- --- -_. - -- ' VV PA I" w, r .... Crty�rown l - ._ _ -- °•Z . , r hay #arminoiflnn r%f Applicability L �ro 'rltiVVliV. 4J3lw.lJ'rFrIS�tIS7vliiV , .>,cctiol�.�Ct M.G.L. �. 131, X40 A. General Information important: When filling out 1 Applicant: forma on the computer, use -------- - = 6-- --- --- - - - - -- --- - - - - -- - -- l --- - -- - - - -- - -- - - - - -- - - - - -- -> l - -- - - - - - - -- Only the tab key Name / I E -Mail Address to move your _ — s .L_�_c cursor - do not Mailing Address use the return - --G - -- y ` - - - -- - - - -- key. City!Tovkn states Zip Code " Phone Number Fax Number (if applicable) -- - - - -- 2. Representative (if any): Fire, C_ an blame Mailing Address Cityr7own - -- Phone Number B. Determinations 1. 1 request the , ' /kn � r� make the following determination(s). Check any that apply conservation Commission. ❑ a. whether the area depicted on pian(s) and /or map(s) referenced below is an area subject to jurisdiction of the 'Wetlands Protection Act. " b. "ether the boundaries of resource area(s) depicted on plan(s) and /or map(s) referenced ,;r are accurately delineated. c whether the worts depicted on plan(s) referenced below is subject to the Wetlands Protection Act. work depicted on plan(s) referenced below is subject to the jurisdiction .;;,, - nunicipa, wetlands ordinance or bylaw of Name of Municipality Ell e whether the following scope of alternatives !s ad equate for work in the Riverfront Area as depicted on referenced plan(s). E -Mail Address State Fax Number (if app)icable) WOOV"'1 doc • #V Vi' P to* ' of 4 Massachus s Department of Environmental Ottection '� Bureau of Resource Protection - Wetlands c"'Town -- �r � rni>ti.rn Cn.wwn � _ e�..« �...x :.._ n...•.,....; »..a;.... s AACALI w.. /��y V . • ♦v�wVwl v ..av♦•••VII VI f %pplica ' Act M . G. L. c. 131, §40 C. Project Description - - - a Project Location (use maps and plans to identify the location of the area subject to this request): - - - - -- ------ - - - - -- — - - - -- -- -- Street Address City/Town Assessors Map/Plat Number Pa(cWVC t Number b- Area Description (use additional paper, if necessary): c. Plan and /or Map Reference(s) Title Title - - -— — — — —_ Date Date Tkle Date 2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary): Massachur 't3 Department of Environmentalatection Bureau of Resource Protection - Wetlands C itylT'own !WE� rnrtun Crsrr� _ m..........xs.._ n...a_...:..,.a:.... ..s wYMlicability >..>t � . , .s, •�• • r tVC.'YV'J6 xv. vv..o.....eee�..ti...... v. �. e rn Act M.G L. c- 131, §40 C. Project Description (cont. - - - - - - -� -- u's'ons of the Wetlands Protection Act or regulations which may exempt the applicant !`406cc; of latent for al; cr pant of the described work (use additional paper, if necessary) 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before 8/1/96 El 5!ngle family house on a lot recorded after 8/1/96 Expansion of an existing structure on a lot recorded after 8/1/96 u °roject, other than a single family house or public project, where the applicant owned the lot before 8/7/96 ri New agriculture or aquaculture project El Public project where funds were appropriated prior to 8/7/96 r' ^roject on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alterat!nn of the Riverfront Area for the entire subdivision uesident!a! subdivision: mst!tutionai industrial, or commercial project ❑ Municipal project ❑ District, county, state, or federal government project n Prnia ^t r?quired to evaluate off -site alternatives in more than one municipality in an = ;, .... , .. .,. .,,u. , ;.;L^ c.. c'tc; nctires analysis pursuant to an arxli rar;nn tnr a 141 Y1Prrr1IT 4r r-1,, 1 .rrr IT Fng!n or 401 Water Quality .... c ^', of Environmental Protection. c a .. _. , .�.,.. r • , -- - ,.4. / .. porting the classification if necessary,) wpWw,l doc • rev 07114124 Papa 5 of 4 • Citv of Northamuton -- Wetlands Am ication This form is required for all applications filed under the Northampton Wetlands Ordinance File with the Office of Planning and Development, 210 Main Street, Northampton, MA 01060 We recommend applicants consult with the Land Use and Conservation Planner (587 -1263) before applying 1. Check what kind of permit you are requesting Request for Determination of Applicability (WPA form 1) ❑ Notice of Intent (WPA form 3 or 4) ❑ Abbreviated Notice of Resource Area Delineation (WPA form 4A) 2. Property Street Address: _ ?e A, 3. Assessors' Map and Parcel: / 4= Second lot (if any) Map and Parcel(s): s `7 Additional property description: 4. Check the items enclosed. Your application will not be accepted if any items are missing. 6 The appropriate completed Massachusetts DEP application , t %i Completed versions of this Wetlands Application Nine (9) copies of the fully completed and collated application packages (forms, plans and attachments) ❑ All plans folded (not rolled) and collated with each application packet ❑ For Notice of Intent applications only, the following: ❑ Check to "City of Northampton" for the municipal share calculated from state Wetland Fee Transmittal Form PLUS $105; ❑ Separate $75.00 check to "Commonwealth of Massachusetts" for the Registry of Deeds recording fee; Q An abutters list of all property owners within at least 100 feet of the property line of your project. Abutters lists maybe generated at °.��j °,r. \orthamatur til.a. ro _old (click on Database: Abutters, Permits and Historic). Computers are available at City Hall, Forbes and Lilly Libraries. For Request for Determination applications, a check to the "City of Northampton" for $85.00. ❑ For Notice of Resource Area Delineation applications, a check to "City of Northampton" for $85.00 plus a separate check for $75.00 to "Commonwealth of Massachusetts" for the Registry of Deeds recording fee. ❑ A #10 business envelope addressed to the applicant. 5. Provide an Existing Conditions Site Plan. Check the items shown on that plan. You may request a waiver from submittal requirements, with a reason for the waiver request. Boundary of entire lot and notation of lot area Context of adjacent lots, if necessary to show extent of wetland/Riverfront Area U Numbered wetland flags ❑ Existing and potential vernal pools 50' AND 100' wetland buffer ❑ Mean Annual High Water line, for Riverfront Area permits ❑ 100' inner riparian zone AND 200' outer riparian zone, for Riverfront Area permits Existing structures, impervious surfaces lie: pavement, gravel) and lawn areas Ur Edge of vegetation accurately measured or surveyed ❑ Significant (8 "+ Diameter Breast Height) trees within the limit of work area that are also within the 200' Riverfront Area, Bordering Vegetated Wetland, or 100' wetland buffer ❑ 2' contours G� Elevations in feet (not meters), for projects within the floodplain ❑ Zoning setbacks ❑ 1:20 scale, if possible • 6. If new work is proposed, provide a Proposed Site Plan. Check the items shown on that plan. You may request a waiver from submittal requirements, with a reason for the waiver request. ❑ Grading/proposed new contours ❑ Hardscape (ie: footprint of house, driveway, walkways, terraces, etc...) ❑ Any removal of vegetation and significant trees within the Riverfront Area, wetland and buffer ❑ Landscaping and plantings within the Riverfront Area, wetland and wetland buffer ❑ Location of erosion control barrier ❑ Limit of work line ❑ Utility lines ❑ Stormwater Management Form (use DEP form \\..ma_ , ._ j,23 v, v,_ >> 1ri if required ❑ Wildlife assessment if the site is in a habitat resource area based on NHESP maps, Northampton Potential and Certified Vernal Pools Map or otherwise required by the Act or Ordinance. ❑ At the same scale as the Existing Conditions Site Plan ❑ For new homes in the Riverfront Area only, documentation of the date the lot was recorded. 7. We have provided and requested information and believe and understand that (initial each item below): 1/ Application deadline is one calendar month prior to a public hearing. If the application is incomplete or waivers are requested, however, the public hearing may be delayed; We will check for the date and time of our public hearing at or in the Daily Hampshire Gazette Legal Ads section. Such notice is posted seven days prior to the public hearing; The Conservation Commission may request an alternatives analysis for work proposed within the buffer zone of a wetland; The Conservation Commission and their representatives have permission to enter the property; ✓' All documents and plans submitted are in the public domain and may be copied freely in any form; and The City will record Orders of Conditions and Order of Resource Area Delineations at the Hampshire County Registry of Deeds. 8. PLEASE COMPLETE ONLY IF APPLYING FOR A NOTICE OF INTENT or ABBREVIATED NOTICE OF RESOURCE ARE DELINEATION: We certify under the pains and penalties of perjury, that PRIOR to filing this application all abutters were notified of this application pursuant to the requirements of M.G.L. c. 131 § 40. Notice must be made in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. Applicant (print or type): Ap e -/ Applicant Signature: Address: / s �' " •" `/ .F `� Applicant Phone: y/ Owner (print or type - Z7 t �� ��'� CC L Signature: Address: Owner Phone: The Northampton Conservation Commission general !I meets on the 2 " and 4"' Thursdays of each month in Hearing Room 18 located on the 2" floor of City Hall, 210 Main Street Page 2 of 2