34-004 (59) Ii I
! duplicate ; and all as of the day and year first above written .
,,Witness : Name :
Address :
CITY OF NORTHAMPTON , MASS .
PLANNING BOARD .
Chairman
Secretar
In proper form and
properly executed .
City Solicitor
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'! 3 . After excavation is completed , to cover such portion
of the area with topsoil as the City Engineer may
direct to a depth of at least four (4 ) inches , and
j; to seed and plant same with a suitable cover crop of
grass as specified by the City Engineer .
+; 4 . To plant such protective shrubs and trees as may be
ij necessary to prevent soil erosion around the peri -
meter of the excavated area and as the City Engineer
may approve .
5 . To widen said Turkey Hill Road to a "traveled way"
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width of twenty four ( 24 ) feet and an overall width ,
I; including ditches and shoulders of thirty (30) feet,
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by excavating , placing a twelve ( 12 ) inch gravel base i
iin the widened areas , and including sufficient tree
removal and/or trimming to provide for overhead utility
line clearance . Where features of the existing terrain ;
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make such widening to an overall width of thirty (30)
feet impossible , the road shall be widened as above to
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a width as approved by the City Engineer of Northampton . ]
6 . To deliver to the BOARD a performance bond in the
amount of five thousand ( $5 ,000 . ) dollars to guarantee
performance of this agreement .
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7 . The approval of the permit shall be for a period of
one ( 1 ) year from the date of this agreement .
�i 8 . If , in the opinion of the BOARD , the provisions of
this agreement have been satisfactorily completed
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(� by the APPLICANT , the BOARD will release the said
bond .
IN WITNESS WHEREOF , the said APPLICANT has caused his seal
to be affixed hereto and these presents to be signed in duplicate
; by him ; and the BOARD has caused these presents to be signed in
fits name and behalf by its Chairman and by its Secretary in
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EXHIBIT I
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PERFORMANCE AGREEMENT
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THIS AGREEMENT made this 24th day of August __ ._, 1971 ,
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at Northampton , Massachusetts , by and between James F . Wzorek , of
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ii Northampton , Hampshire County , Massachusetts , hereinafter called
the APPLICANT , and the Planning Board of the City of Northampton ,
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'1a municipal corporation within said Hampshire County , hereinafter
+ called the BOARD .
WITNESSETH , That
Whereas , the APPLICANT has petitioned the BOARD for approval
of a permit to remove top soil , earth , sand , gravel , clay or stone ;
in excess of ten ( 10) cubic yards from his land in Northampton
' located on Turkey Hill Road , so-called , under provisions of
Section 29 of Chapter 44 , Revised Zoning Ordinances of the City
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of Northampton ; and
Whereas the BOARD held a public hearing for all persons
linterested in the application on June 24 , 1971 , after publication
!; of notice in the Daily Hampshire on June 9 and June 17 , 1971 , and
'Jat a meeting held on August 12 , 1971 , voted unanimously to approve
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11the application subject to the conditions hereinafter mentioned .
NOW , THEREFORE , in consideration of approval by the BOARD
!!of the application , the APPLICANT agrees with the BOARD as follows :?
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1 . To remove all of the top soil from the area to be
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excavated to a depth as directed by the City Engineer
and to stockpile the same in an area on land of the
1 APPLICANT as the City Engineer may approve .
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2 . To excavate the area to the lines and grades shown
on the plan submitted by the APPLICANT for the public
hearing and entitled "Plan of Proposed Gravel Bank
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in Northampton , Mass . , Prepared for James Wzorek ,
Scale 1 "=100 ' , by Almer Huntley , Jr . , & Associates ,
a . Inc .. dated 6-21 -71 " .
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