32C-319 (16) Section 5.3-Accessory Uses. Any use which is accessory to a principal use allowed by right shall
be allowed only in connection with such allowed principal use. Any use which is accessory to a
principal use allowed by special permit,and which is not specifically included in the original special
permit, shall be allowed only after issuance of a new special permit. Cessation of a principal use
shall require cessation of any accessory use which is not otherwise allowed as a principal use. The
Building Commissioner shall be responsible for determining what uses are principal,and what uses
are accessory. The following shall be limitations on certain specific accessory uses:
1. The keeping of farm animals, to include all farm animals and exotics, and a related private
stable, for personal use, is permitted as an accessory use in accordance with the following
conditions:
A. The minimum acreage required for keeping any farm or exotic animal, except as
described below, shall be 30,000 square feet for the first animal and 15,000 square feet
for each additional such animal. Animals under six (6) months not to be counted for
acreage requirements.
B. The minimum acreage required for keeping sheep, goats, llama, rabbits, or poultry,
except as allowed under household pets, shall be 30,000 square feet for up to three
animals and 10,000 square feet for each additional such animal. Animals under six (6)
months not to be counted for acreage requirements. (The requirements for these animals
are less stringent then other farm animals because these animals have less environmental
impacts.)
C. The location of any stable shall be not less that one hundred(100)feet from any street lot
line, and not less than thirty (30) feet from any other lot line.
D. There must be adequate fencing to contain all farm animals at least twenty (20) feet
from all property boundaries at all times, except when animals are being directly
supervised by and under control of a person.
E. Stables, corrals and yards shall be properly drained and reasonably free from excessive
odor,dust,and mud, so as not to create a nuisance or health hazard to the community or
to surrounding property owners, from an air or drainage pollution standpoint.
Maintenance of the stable and property used in the keeping of animals shall conform to
all health and wetland regulations.
F. Horses, ponies, llamas and sheep may be kept for personal use without being accessory
to any other use, otherwise in accordance with this section and section 5.2.
2. The keeping of the household pets, for personal use, is permitted as an accessory use for
animals commonly considered household pets including dogs,cats,fish,and birds(parrots,
parakeets, doves, pigeons, etc.), six or fewer rabbits, and three or fewer ducks or hens.
11/17/05 5-15
Bk:09234 Pg:326
allowed without limit,provided such additions do not extend above the
historic top of the barn ridge top roofline.
5. In all areas and not withstanding any limits listed above, agricultural uses
and structures are allowed,provided the design of those structures must be
approved by the Conservation Commission based on preserving vistas of
the parcel, with such approval not being denied unreasonably nor be so
unduly restrictive as to impede agricultural uses and provided the total
footprint of those structures shall not exceed 3,000 square feet. For the
purpose of this section, agricultural uses are the raising of animals for the
purpose of selling such animals or a product derived from such animals in
the regular course of business and also horticultural uses,including but not
limited to,the raising of fruits, vegetables, berries,nuts and other foods for
human consumption, feed for animals, tobacco, flowers, sod, trees,
nursery, or greenhouse products,and ornamental plants and shrubs for the
purpose of selling such products in the regular course of business.
C. Affumative Covenant. The Grantees agree for themselves, their heirs, devisees,
legal representatives, successors and assigns, that AREA 1, 37,727 t Sq. Ft, as
shown in Exhibit C, shall remain in active agricultural use and not be taken out of
agriculture:
1. Except the land may lie fallow for agricultural purposes in accordance
with a USDA Natural Resource Conservation Service approved Farm
Management Plan; and
2. The land may remain unfarmed if, after advertising for a farmer to use the
property for active agriculture, in, accordance with any statutes and
regulations that apply to the Grantors and in accordance with a U.S.
Department of Agriculture Natural Resource Conservation Service Plan,
no acceptable bids are received; provided, however, that if no acceptable
bids are received the property shall be offered for bid every year until the
property is back in active agriculture.
3. The Grantees and any successors in title shall be liable for any non-
compliance with the terms of this Restriction which occurs during their
respective periods of ownership of the Premises.
4. The Grantee or its agents may farm the property without obtaining .a
license if the land is not farmed for three years, unless the Grantor
provides documentation under subparagraph 1 and 2 above.
IV. LEGAL REMEDIES OF THE GRANTEE:
A. Legal and Injunctive Relief. The rights hereby granted shall include the right to
enforce this Conservation Restriction by appropriate legal proceedings and to
obtain injunctive and other equitable relief against any violations, including,
without limitation, relief requiring restoration of the Premises to. its condition
prior to the time of the injury complained of(it being agreed that the Grantee may
have no adequate remedy at law), and shall be in addition to, and not in limitation
of,any other rights and remedies available to the Grantee.
3
Bk:09234 Pg: 326
r ,
their heirs, successors in interest or assigns will perform or permit others to
perform the following:
1. Constructing or placing of any temporary or permanent building, tennis
court, landing strip, mobile home, swimming pool, fences, asphalt or
concrete pavement, sign, billboard or other advertising display, antenna,
utility pole, tower, conduit, line or other temporary or permanent structure
or facility on,below or above the Premises;
2. Mining, excavating, dredging or removing from the Premises of soil,
loam,peat,gravel,sand,rock or other mineral resource or natural deposit;
3. Placing, filling, storing or dumping on the Premises of soil, refuse, trash,
vehicle bodies or parts, rubbish, debris,junk, waste or other substance or
material whatsoever or the installation of underground storage tanks;
4. Cutting, removing, poisoning, or otherwise destroying trees, grasses or
other.vegetation.
5. The subdivision or use of the Premises except as necessary to allow any of
the Premises to be added to the adjacent city-owned conservation area or
use of the premises towards building requirements other than as allowed
under Paragraph B below;
6. Activities detrimental to drainage,flood control,water conservation,water
quality,erosion control or soil conservation;
7. Any other uses of the Premises or activity which would materially impair
significant conservation interests unless necessary for the protection of the
conservation interests that are the subject of this Conservation Restriction.
B. Exception to Otherwise Prohibited Acts and Uses, The following acts and uses
otherwise prohibited in subparagraph A are permitted on the Premises but only if
such acts do not materially impair significant conservation interests:
1. Subdivision of the premises only to the extent land is subdivided to be
merged into the adjacent city-owned conservation area.
2. In AREA 1, 37,727 t Sq. Ft. as shown on the sketch in Exhibit C,
maintenance, replacement and repair of existing overhead and existing or
new underground utilities and the existing driveway to the barn within the
area, as shown in Exhibit C, and relocating the driveway northeasterly of
the location shown in Exhibit C.
3. In AREA 2, 18,978 t Sq. Ft, as shown in Exhibit C, playground
equipment,gardens,normal residential backyard activities.
4, In AREA 3, 20,373 t Sq. Ft, porches, decks, playground equipment,
gardens, an attached unheated utility or storage structure, and normal
residential backyard activities, and the use, maintenance, and repair of the
existing barn shown in Exhibit C,with the following conditions:
a. The barn may be used for agricultural uses, as a one-family or two-
family home, and as seasonal housing for workers working on the
PREMISES,or any combination of these uses;
b. The facade, roof lines, and roof ridge of the barn is preserved with no
additions built onto it except attached utility structure, porches,decks,
new dormers, skylights, windows, doors, and entryways shall be
2
Bk: 09234 Pg:324
r
Bk:9234Pg:324 Page:t of 1b
Reoorded: 08!16/2007 03:44 PM
Affected PremisesilVentures Field Road, Northampton
CONSERVATION RESTRICTION AND EASEMENT
I. GRANTOR CLAUSE:
The undersigned,Benjamin G.James and Oona Mia Coy,of 8 Pomeroy Terrace and their
successors and assigns ("Grantor"),in consideration of one dollar($1.00), the receipt of which is
hereby acknowledged, acting pursuant to Sections 31, 32 and 33 of Chapter 184 of the General
Laws and consistent with Article 97 of the Articles of Amendment to the Constitution of
;1 Massachusetts, GRANT, WITH. QUITCLAIM COVENANTS, to the CITY OF
NORTHAMPTON, City Hall, 210 Main Street, Northampton, Massachusetts 01060, acting by
and through its Conservation Commission by authority of MGL c.40 sec. 8C, and its successors
and permitted assigns ("Grantee") in perpetuity and exclusively for conservation purposes the
following described CONSERVATION RESTRICTION on the parcels of land located in the
a City of Northampton, Hampshire County,Massachusetts described in Exhibit A,attached hereto
OZ and made a part hereof(the"Premises"),
For Grantors' title, see deed recorded at the Hampshire County Registry of Deeds at Book 9138,
Page 7 and Page 9. For Northampton City Council approval of Conservation Restriction, see
Exhibit B.
II. PURPOSES:
The Premises contain unusual, unique or outstanding qualities the protection of which in
their predominately natural or open conditions will be of benefit to the public. These qualities
include:
I. Rich agricultural soils and land.
2. Quality open space in the heart of-urban Northampton.
3. Open space linking the Montview Avenue Conservation Area with the Northampton dike
and 3,000 acres of open space in the Northampton Meadows.
4. A historic barn linked by years of practice to the agricultural history of the site.
M. PROHIBITED ACTS AND USES,EXCEPTIONS THERETO, AND PERMITTED
USES:
A. Prohibited Acts and Uses. Subject to the exceptions set forth in paragraph B
below, the following acts and uses are prohibited on, above, or below the
Premises and both the Grantor and the Grantee covenant that neither they nor
1
"n DEPART:-ENT OF EUILDIT31ZG RZRECTIONS _
INSPECTOR 212 V1ain Street • Municipal Building
Nortb.unpton, MA 01060
The State of Massachusetts allows the homeowner the right under 108.3.4 to
act a� �,i�/lier construction supe :nor. The state defines "Homeowner' as, "Person(s)
who owns a parcel on which he/she resides or intends to be, a one or two family
&,vel hg� attached or detached structures accessory to such use and/or farm structures. A
person who constructs more than one home in a two-year period shall not be considered a I
home owner."
The building department for the City ofNortharnpton wants any person(s)who seek to
use the horde owner exemption, to act as then own const ucal w"supervise; to be aware
that by doing so you become responsible for compliance with state building codes
and regulations. The inspection process requires that the building department be called
to inspect work at various stages, which include foundation/footings (before backfill).
sonotube holes (before uour). a rough building inspection(before work is
cancei}Ied) insulation_in.sn€ction (if required)and_aT'.inal_buildine insnectio.n. The
building department requires these inspections before the work is concealed, failure to
secure these inspections can result in failure to obtain a certificate of occupancy
until-- he work can-be-inspected..
If the homeowner hires other trades to per-florin work'(electrical, plumbing&gas) the
homeowner will.be responsible to make sure that the trades hired secure their proper
permits in conjunction to the building permit issued, and that they get their required
inspections. Failure of the individual trades to secure the permits and inspections as
required can DEI AY the project until such time as the proper permits and inspections are
made
understand the above.
(Home owner/resident's signature requesting, exemption)
I will call to schedule alI required buildin4 inspections necessary for the building permit
issued to me. y
Date
Address of work a
location ----
r r=3 HA M pro (,J
The Commonwealth of Alassachusetts
Department of In dustrial Accidents
"w Office oflnvestigaons
� . 600 TI'ashin non Street
Boston,_10 01111
www.mass.gov/din
Workers' Compensation Insurance Af_idaNit: Builders/Contractors/Blectricians/Plumbers
Apolica.nt Information Please Print Legibly
Name(usiness/Orz=ization/ludividual): jrJ f?l
City/State/Zip: PA 01-6 N Phone.-`r: _5 s) -, (3 6
Are you an employer?Check the appropriate box: Ty
pe of project(required):
4. I am a zene-al contractor and I
1-❑ I am a employer with ❑ 6-kNew construction
employees(frill and/or part time). have lured the sub-contractors
2.❑ I am a sole proprietor or parer er- �d on the attacaed sheet. 7- ❑RemodeIi,
These sub-contractors have '
ship and have no e=le;Tees 8. ❑Demo�ruon
working for me in any capacity. employees and have workers' 9 ❑Building addition
LrN workers'c0 .aTJS'uTnnC� co=.insurance.*
required-] f• ❑ We are a corporation and its 10.❑Electrical repairs or additions
=.J I am a uoraeowner doing all work officers have exercised their 11.❑Plumbing repairs or additions
myself. [No workers'comp. rift of exemption per l�IGL 12.❑Roof repairs
insurance required.]t c. 152,§1(4), and we have no
employees. [I N-0 workers' 13 ❑ �
comp.insurance required]
-------- app ican cae:ors box r time also out me section oe:ow snowing er work—s'compensation.poucf mformmtion.
t Homeowners who submit ties affidavit indicatm�they are doing all worn and then hire outside contractors must subn7it a new affidavit indicacn;such.
*Contractors that check this box must.a=ched an additianai sheet showiaa the name of the sub-contmc'.ors and state Whether or not those entities have
employees. If the sub-concacton.have employees,trey must provide their woi' s'comp.policy nurmer.
I am an employer that is providing workers compensation insurance for my employees Below is thepolicy and job site
information.
Insurance Company Name:
Policy:or Self-ins•Lic. Expiration Date:
Job Site Address: City/Sta&Z#
Attach a copy of the worriers' compensation policy declaration page(showing the policy number and expiration date).
Failure to secure coverage.as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a
fine up to S 1500.00 and/or one-year imprisonment, as well as civil penalties in the farm of a STOP WORK ORDER and a one
of up to 5250-00 a day against$ie Violator_ Be advised that a copy of this statement maybe forwarded to the Office of
In resti_ations of the DLk for i=:rance coverage verification
I do hereby cerdf'v under the pains andpenalties ofperjury that the information provided above is true and correct
Phone :
v�rc'Lu use only. yo not wrzte to this area, to be eomp[ered by cirvciry or town ofciaL
-City or Town: - _- __ _--_-Permit/L1cense T
Issuing Authonty(circle one)
1.Board of Health 2_Building Department 3. Cit a/Town Clerk 4.Elect.'-ical Inspector 5.Pl=bia-Inspector
6. Other
C6nt:'.Ct Person_ Phone. f
SECTION 8-CONSTRUCTION SERVICES
8.1 Licensed Construction Supervisor: Not Applicable ❑
Name of License Holder:
License Number
Address Expiration Date
Signature Telephone
9 Renletered Home Improvement Contractors Not Applicable ❑
Company Name Registration Number
Address Expiration Date
Telephone
SECTION 10-WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c. 152,§25C(6))
Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result
in the denial of the issuance of the building permit.
Signed Affidavit Attached Yes....... ❑ No...... ❑
11. - Home Owner Exemption
The current exemption for"homeowners" was extended to include Owner-occupied Dwellings of one(1) or two(2)families
and to allow such homeowner to engage an individual for hire who does not possess a license,provided that the owner acts
as supervisor.CMR 780, Sixth Edition Section 1083.5.1.
Definition of Homeowner: Person(s)who own a parcel of land on which he/she resides or intends to reside,on which there
is,or is intended to be,a one or two family dwelling,attached or detached structures accessory to such use and/or farm
structures.A person who constructs more than one home in a two-year period shall not be considered a homeowner.
Such"homeowner"shall submit to the Building Official,on a form acceptable to the Building Official,that he/she shall be
responsible for all such work performed under the building permit.
As acting Construction Supervisor your presence on the job site will be required from time to time,during and upon
completion of the work for which this permit is issued.
Also be advised that with reference to Chapter 152(Workers' Compensation) and Chapter 153 (Liability of Employers to
Employees for injuries not resulting in Death)of the Massachusetts General Laws Annotated,you may be liable for person(s)
you hire to perform work for you under this permit.
The undersigned"homeowner"certifies and assumes responsibility for compliance with the State Building Code,City of
Northampton Ordinances,State and Local Zoni Laws and State of Massachusetts General Laws Annotated.
Homeowner Signature
SECTION 5-DESCRIPTION OF PROPOSED WORK(check all applicable)
New House ❑ Addition ❑ Replacement Windows Alteration(s) ❑ Roofing ❑
Or Doors 171
Accessory Bldg. Demolition ❑ New Signs [❑] Decks [Q Siding [❑] Other[❑]
t� r.'
Brief Description of Proposed
Work: CJ TU
Alteration of existing bedroom Yes No Adding new bedroom Yes No
Attached Narrative Renovating unfinished basement Yes No
Plans Attached Roll - Sheet
sa If New house and or addition to existing housing, complete the following:
a. Use of building : One Family Two Family Other
b. Number of rooms in each family unit: Number of Bathrooms
c. Is there a garage attached?
d. Proposed Square footage of new construction. Dimensions
e. Number of stories?
f. Method of heating? Fireplaces or Woodstoves Number of each
g. Energy Conservation Compliance. Masscheck Energy Compliance form attached?
h. Type of construction
i. Is construction within 100 ft. of wetlands? Yes No. Is construction within 100 yr. floodplain Yes No
j. Depth of basement or cellar floor below finished grade
k. Will building conform to the Building and Zoning regulations? Yes No .
I. Septic Tank City Sewer Private well City water Supply
SECTION 7a-OWNER AUTHORIZATION-TO BE COMPLETED WHEN
OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT
as Owner of the subject
property
hereby authorize
to act on my behalf, in all matters relative to work authorized by this building permit application.
Signature of Owner Date
I, as Owner/Authorized
Agent hereby declare that the statements and information on the foregoing application are true and accurate,to the best of my knowledge
and belief.
Signed under the pains and penalties of perjury.
Print Name
Ng:natur f Owner/Agent Date
1
Section 4. ZONING All Information Must Be Completed. Permit Can Be Denied Due To Incomplete Information
Existing Proposed Required by Zoning
This column to be filled in by
Building Department
Lot Size
�
Frontage
Setbacks Front I j
Side L: R: L: R:
Rear
Building Height
Bldg.Square Footage y ® %
Open Space Footage TT `Io
(Lot area minus bldg&paved
parking) j n
#of Parking Spaces �'j
Fill:
(volume&Location)
A. Has a Special Permit/Variance/Finding ever been issued for/on the site?
NO VJ DON'T KNOW 0 YES
IF YES, date issued:
IF YES: Was the permit recorded at the Registry of Deeds?
NO 0 DON'T KNOW 0 YES 0
IF YES: enter Book Page and/or Document#
B. Does the site contain a brook, body of water or wetlands? NO DON'T KNOW 0 YES 0
IF YES, has a permit been or need to be obtained from the Conservation Commission?
Needs to be obtained 0 Obtained 0 Date Issued:
C. Do any signs exist on the property? YES NO
IF YES, describe size, type and location:
D. Are there any proposed changes to or additions of signs intended for the property? YES NO
IF YES, describe size, type and location:
E. Will the construction activity disturb(clearing, gradin excavation, or filling)over 1 acre or is it part of a common plan
that will disturb over 1 acre? YES NO
IF YES,then a Northampton Storm Water Management Permit from the DPW is required.
Department use only
City of Northampton Status of Permit:
Building Department Curb Cut/Driveway Permit
212 Main Street Sewer/Septic Availability
Room 100 WaterANell Availability
Northampton, MA 01060 Two Sets of Structural Plans
phone 413-587-1240 Fax 413-587-1272 _ ___ Plot/Site Plans
��� �thl�r Specify
APPLICATION TO CONSTRUCT,ALTER, REPAIR F ENOVATE OR DEMOLISH A ONE OR TWO FAMILY DWELLING
runs
SECTION 1 -SITE INFORMATION
�"I 1
1.1 Property Address:
s This 6ection to be completed by office
c
_Map --°; Lot 3ZCI 3 q Unit
Zone Overlay District
Elm St.District CB District
SECTION 2-PROPERTY OWNERSHIP/AUTHORIZED AGENT
2.1 Owner of Record: j/ man
7L3�JrJ 77A M�S. ` [ C� l;1�—y(J ! ��L�.1�� 7
Name(Print) Current Mailing Address:
!� Telephone _
Sign u � 2 5
2.2 Authorized Agent:
Name(Print) Current Mailing Address:
Signature Telephone
SECTION 3-ESTIMATED CONSTRUCTION COSTS
Item Estimated Cost(Dollars)to be Official Use Only
completed by ermit applicant
1. Building 00 D (a)Building Permit Fee
2. Electrical t� (b) Estimated Total Cost of
I C:?'o Construction from 6
3. Plumbing Building Permit Fee
4. Mechanical (HVAC)
5. Fire Protection Ila III
6. Total= (1 + 2+3+4+5) _ « [> Check Number Qa
This Section For Official Use Only
Building ermit Number: Date
g Issued:
Signature:
Building Commissioner/Inspector of Buildings Date
File t#BP-2008-0646
APPLICANT/CONTACT PERSON JAMES BEN
ADDRESS/PHONE 8 POMEROY TERRACE NORTHAMPTON (413)586-7586 Q
PROPERTY LOCATION 1 VENTURES FIELD RD
MAP 32C PARCEL 319 001 ZONE URC
THIS SECTION FOR OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ENCLOSED REQUIRED DATE
ZONING FORM FILLED OUT
Fee Paid
Building Permit Filled out
Fee Paid
Typeof Construction: CONSTRUCT 15 X 40 (2) 15 X 30 10 X 10 20 X 30& 18 X 40 ACCESSOARY
STRUCTURES
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
INF ATION PRESENTED:
Approved Additional permits required(see below)
PLANNING BOARD PERMIT REQUIRED UNDER:§
Intermediate Project: Site Plan AND/OR Special Permit With Site Plan
Major Project: Site Plan AND/OR Special Permit With Site Plan
ZONING BOARD PERMIT REQUIRED UNDER: §
Finding Special Pernut Variance*
Received&Recorded at Registry of Deeds Proof Enclosed
Other Permits Required:
Curb Cut from DPW Water Availability Sewer Availability
Septic Approval Board of Health Well Water Potability Board of Health
Permit from Conservation Commission Permit from CB Architecture Committee
Permit from Elm Street Commission Permit DPW Storm Water Management
Demolition Delay
Signature of Building Official 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.
*Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact Office of
Planning&Development for more information.
I
a
BP-2008-0646
GIs#: COMMONWEALTH OF MASSACHUSETTS
CITY OF NORTHAMPTON
o ; = PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS
Pen-nit: Building DO NOT HAVE ACCESS TO THE GUARANTY FUND (MGL c.142A)
Category: BUILDING PERMIT
Permit# BP-2008-0646
Project# JS-2008-000983
Est. Cost: $15000.00
Fee: $494.00 PERMISSION IS HEREBY GRANTED TO:
Const. Class: Contractor: License:
Use Group: Homeowner as Contractor
Lot Size(sq. ft.): 71002.80 Owner: JAMES BEN
Zoning:URC Applicant: JAMES BEN
AT. 1 VENTURES FIELD RD
Applicant Address: Phone: Insurance:
8 POMEROY TERRACE (413) 586-7586 (�
NORTHAM PTONMA01 060 ISSUED ON:111812008 0:00:00
TO PERFORM THE FOLLOWING WORK.-CONSTRUCT 15 X 40, (2) 15 X 30,10 X 10, 20 X
30 & 18 X 40 ACCESSOARY STRUCTURES
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Inspector of Plumbing Inspector of Wiring D.P.W. Building Inspector
Underground: Service: Meter:
Footings:
Rough: Rough: House# Foundation:
Driveway Final:
Final: Final:
Rough Frame:
Gas: Fire Department Fireplace/Chimney:
Rough: Oil: Insulation:
Final: Smoke: Final:
THIS PERMIT MAY BE REVOKED BY THE CITY OF NORTHAMPTON UPON VIOLATION OF
ANY OF ITS RULES AND REGULATIONS.
Certificate of Occupancy Signature:
FeeType: Date Paid: Amount:
Building 1/18/2008 0:00:00 $494.001022
212 Main Sheet,Phone(413) 587-1240,Fax: (413)587-1272
Building Commissioner-Anthony Patillo