41-044 (5) Ridge View Notice of AppealPLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON
Citg Hall . 2 t o Main Street, Room t t . NortWmpton, MA 0 1060-3198 • (4t 3) S87-1266 • Fax: S87-1264
wagne Feiden, Director - plannin,g@northamptonplanning.org - www.nor0amptonplanning.org
NOTICE OF APPEAL
RE: Sovereign Builders, Inc. — Project: PB Special Permit with Major Site Plan
Location: 150 Drury Lane — Assessor Map 48 parcel 15 & Map 41 parcel 44
Decision: Approved with conditions
Filed in City Clerk's Office: February 22, 2005
An appeal from the decision of the Planning Board may be made by any person
aggrieved pursuant to GL Chap. 40A, Section 17 as amended, within twenty (20) days
after the date of the filing of the notice of decision with the City Clerk. 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.
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Planning Board - Decision
City of Northampton
Hearing No.: PLN -2005-0030 Date: February 21, 2005
APPLICATION TYPE: SUBMISSION DATE'
PB Special Permit with Major Site PI 10/7/2004
Applicant's Name: Owner's Name: Survevor's Name:
NAME:
SOVEREIGN BUILDERS INC
NAME.
HARDY MALCOLM B 8 CYNTHIA J
COMPANY NAME:
ADDRESS:
135 SOUTHAMPTON RD
ADDRESS:
150 DRURY LANE
ADDRESS:
TOWN:
WESTHAMPTON
STATE:
MA
ZIPCODE
01027
TOWN:
EASTHAMPTON
STATE:
MA
ZIP CODE:
01027
TOWN:
STATE:
ZIPCODE:
PHONE NO.:
(413) 527-8001
FAX NO.:
(413) 529-9988
PHONE NO.:
FAX NO.:
PHONE NO.:
FAX NO.:
EMAIL ADDRESS:
EMAIL ADDRESS:
EMAIL ADDRESS:
Site Information:
STREET NO.:
SITE ZONING:
150 DRURYLANE
RR
TOWN:
SECTION OF BYLAW:
FLORENCE MA 01062
Section 10.5: Open Space Residential Development
MAP:
BLOCK:
LOT:
MAP DATE:
ACTION TAKEN:
48
015
001
Approved With Conditions
Book:
Page:
2603
297
NATURE OF PROPOSED WORK:
Create a 13 -lot open space residential cluster with subdivision on Map 48 parcel 15 and Map 41 parcel 44. Special permit for cluster, Flag
lot
HARDSHIP:
CONDITION OF APPROVAL:
1_ All technical standards within the subdivision rules and regulations must be met unless otherwise
waived in this approval, regardless of what is shown on the plans.
2. Prior to endorsement, all plan sheets shall be amended as necessary to incorporate conditions
herein.
3. Prior to endorsement, the applicant must post a permanent escrow to the City in the amount equal
to the cost to finish construction of the walking trail on the eastern portion of the site from the point
where it enters the wetland buffer of the proposed "crossing" to the property boundary with Map ID 41-
32. Construction quantities shall include the cost in the opinion of Department of Public Works, for
full construction of the wetland crossing using the helical pier detail plus 15% contingency plus labor
at prevailing wages. If the applicant does not complete this section of trail, the City shall retain the
funds to complete the project at some point in the future.
4. Prior to endorsement of the definigve plans, a performance guarantee that conforms to
Northampton Subdivision Rules and Regulations §6:06 (4) must be posted. The developer may place
a covenant not to sell lots or, in lieu of placing a covenant, post a Letter of Credit in accordance with
the standards in the Regulations. If a Letter of Credit is posted it must be in accordance with the
Regulations, two lots must be covered by a covenant not to sell, and must be adequate to cover the
costs of the city completing the project, at prevailing wages and with a 15% inflation factor, and the
Letter may not be reduced below $100,000 until the project Is complete and has been accepted as
such by the Planning Board.
5. An $8,000 escrow account shall be established, in the Homeowner Association's name (appearing
first) with a signature line for the City, prior to the first lot sale as an assurance that the Homeowners'
Association will perform their required capital improvements and maintenance. The City may draw on
this account unilaterally if it determines that required capital improvements, maintenance, or
inspections are not being performed. The Homeowners' Association (HOA) is responsible to
reimburse the City, within three months for deposit into the escrow account, for any funds the City
spends from the account. The Permanent Covenants must clearly state that the City will have a right
to place a lien on any or all properties within the subdivision or shall provide some other equivalent,
in the opinion of the Planning Board, level of protection for the city, in order to recover the cost of
GeoTMS® 2005 Des Launers Municipal Solutions, Inc.
Planning Board - Decision
City of Northampton
Hearing No.: PLN -2005-0030 Date: February 21, 2005
maintenance for stormwater facilities.
6. Prior to the construction of the road, the applicant must record all covenants
Stormwater and Wetlands Management
7. The permanent covenants must include compliance with the stormwater management plan, as
approved by the Department of Public Works through issuance of the Stormwater Permit.
8. The covenants must clearly state maintenance responsibilities as required in the stormwater permit.
9. Drainage easements granted to the HOA must be shown on a revised plan with easement access to
the drainage spreaders. These must also be addressed in homeowner association documents.
10. All access points to the stormwater systems need to have gates and mountable curbs shown on
the final plans.
11. As recommended by the applicant's consultant, permanent granite posts (labeled) shall be located
along the limit of work every 100' in areas where individual properties border the 100' buffer in order
to clearly indicate the edge of this buffer line.
Streets, Pedestrian and Vehicular Safety
12 Prior to the issuance of a building permit for the 4th lot, the applicant must show that either the
sight distance within the subdivision rules at the intersection of Ridge View Road and Westhampton
Road have been met or adequate sight distance to meet AASHTO standards is met as determined by
the Department of Public Works and the Planning Board. This may be accomplished via the
Improvements Mass Highway has planned for the reconstruction of Westhampton Road or by cutting
back the embankments to accomplish all required sight distances.
13. Permanent covenants must state that snow removal and maintenance of roads and sidewalks
throughout the subdivision, will be the responsibility of the HOA until and unless the city accepts the
street as a public way.
14. Snow removal on sidewalks that abut open space, and the sidewalk adjacent to/in/around the
school bus shelter shall be the responsibility of the HOA regardless of whether street is accepted as a
public way by the City and shall be so stated in the covenants.
15. Maintenance of the cul-de-sac island shall be the responsibility of the homeowner's association
and shall be so stated in the covenants.
16. Maintenance of the school bus shelter shall be the responsibility of the homeowner's association
and shall be so stated in the covenants. The structure shall be maintained in safe, useable condition.
If the shelter is not maintained and the City deems it a hazard, the City shall have the right to repair
the shelter and place liens on the properties within the association in order to recoup any funds
expended for repair.
17. If the street is not accepted by the city, covenants must include an irrevocable provision that
states that the subdivision street may never be gated from public access. Covenants must also state
that the HOA will be responsible for ownership and maintenance until and unless the street is
accepted by the City of Northampton.
18. Prior to the issuance of a building permit for the sixth (6th) lot, and as offered by the applicant and
in partial consideration of traffic impacts, half ($14,500) of the offered $29,000 payment in -lieu of traffic
mitigation must be given to the City.
19. Prior to issuance of a building permit for the tenth (10th) lot, the remaining $14,500 must be given
to the City for traffic mitigation.
20. The funds in the conditions above shall be distributed for traffic and pedestrian safety
improvements as deemed appropriate by the City's Transportation 8 Parking Commission.
21 Prior to issuance of building permits for lots 7, 8, or 9, a copy of the recorded easements for the
common driveway to serve these lots shall be submitted to the Office of Planning 8 Development.
The easement shall spell out maintenance requirements for the lot owners. Note: Common driveway
plans should be shown on the application for the building permit for lots 7, 8, and 9 to ensure
compliance with the standards under §5.2 of the Northampton Zoning Ordinance for common
driveways.
22 A street sign, in accordance with city standards, mustbe shown on the plan and placed on site
prior to the issuance of the first building permit.
GeoTMS® 2005 Des Lauriers Municipal Solutions, Inc.
Planning Board - Decision
City of Northampton
Hearing No.: PLN -2005-0030 Date: February 21, 2005
23 Plans should be amended to show that street trees at the entrance to the subdivision are not
planted within 25' of this intersection with Westhampton Road.
26 If the applicant chooses to install more street lights than the one per 200'required in the
subdivision rules, these additional lights will be owned/maintained by the HOA and so stated in the
covenants.
27 Street lights at a minimum shall be located at the entrance to the subdivision, with its intersection
at Westhampton Road, on curves and at the end of the cul-de-sac bulb.
28 If the applicant opts to select a decorative street light standard that is not to Mass Electric specs,
the HOA shall maintain ownership and maintenance of these lights.
Open Space
29 Prior to any site work for the lots, and as offered by the applicant, the open space shall be deeded
to the Conservation Commission subject to the right of the City and developer to construct and install
the trails. If the City Council does not accept it, the conservation restriction (CR) must be recorded
and held by the City with public access and the rights for the applicant or the city to construct the
walking trails as shown on plan sheet 4. If the open space is to remain private with a CR, permanent
easements must be placed on the property to allow the public to use this open space.
30. Prior to the sale of the first lot, the applicant must post signs at the entrance to the trails indicating
access to pubic open space. Signs shall be constructed in accordance with the standard
Conservation Commission open space signs and named as determined by the Conservation
Commission.
31 The walking trails shown on revised plan sheet 4 (2105) shall be constructed by the applicant up to
the boardwalk crossing and its associated 100' buffer zone. Trail construction shall be completed
prior to the issuance of a building permit for the 2nd lot.
32. Except for maintenance vehicles and motorized wheelchairs, no motorized vehicles, Including
personal assistive mobility devices, shall be allowed on the trails.
33. Details for the walking trails must be amended to indicate installation of root barrier fabric.
Other
33. All private utility easements, including those serving the single-family house lots shall be recorded
prior to issuance of the first building permit. These documents shall indicate that maintenance is the
responsibility of the private owner or owner's association.
34. Final plans must show location of utilities providing for cable tv, electric, gas, phone, fiber optic,
etc. as required in the subdivision rules and regulations.
35. In accordance with 6:03 (9,10), GPS control points must be identified. Vertical and horizontal,
control points must be certified by a surveyor to be accurate within one centimeter, prior to final
endorsement. Monuments must be placed at these points.
36. All underground utilities must have warning tape installed a minimum of 3' above the pipes.
The Planning Board granted the Special Permit for an open space cluster with a flag lot, reduction of frontage along a cul-de-sac,
common driveway based on the application and the following plans submitted with the application:
1. "Colonial Village Definitive Subdivision", prepared by Huntley Associates, PC, dated September 2004, Revision January 2005, Revision
February 2005. Sheets 1-14.
2. "Colonial Village Bus Stop Shelter Plan View, Section, Side, Front, and Rear views", prepared by Sovereign Builders, Inc..
Upon hearing from the Department of Public Works and the Board of Health, the Planning Board found:
The applicant has offered to provide a high quality pedestrian connection, donate and preserve valuable open space, conform to the
conditions herein. In lieu of providing a through street, this project will allow non -motorized connections to abutting properties. In
making this determination, the Board finds that streets to adjoining properties will not be necessary.
Further, the Board found.,
A. The requested use protects adjoining premises against seriously detrimental uses. The cluster subdivision will create new units while
maintaining a wildlife corridor and buffer to surrounding properties. Surface water drainage will not affect adjoining properties as all
runoff will be contained on-site, sound and sight buffers and views, light, and air will not be affected.
B. 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. Three lots will be served by a common driveway in accordance with
the site requirements identified in section 5.2 for Common Driveways in the Zoning Ordinance Access by emergency vehicles can be
accommodated, the arrangement of parking and loading spaces, and provisions for persons with disabilities. The applicant will be
GeoTMS®2005 Des Lauriers Municipal Solutions, Inc.
Planning Board - Decision
City of Northampton
Hearing No.: PLN -2005-0030 Date: February 21, 2005
constructing a pedestrian trail to connect to the abutting properties.
C. The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape, existing buildings
and other community assets in the area. The construction of the new units as shown on the plans will be outside of the 100' buffer. The
boundary of the buffer will be clearly marked so that future owners will know the boundary of the resource areas. A majority of the
wetland and its buffer will be permanently protected as the land has been offered to the Northampton Conseration Commission.
D. The requested use will not overload, 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. The lots will be served by on-site
water and septic. The applicant will be providing a school bus stop and shelter.
E. The requested use meets the special regulations set forth in the Zoning Ordinance Section 5.2, 6.2, 6.3, 6.13, and 10.5, 11.
The project proponent will mitigate all cumulative and incremental traffic impacts for off-site traffic impacts. The applicant has offered to
pay in -lieu of the actual improvements $29,000 to the City for mitigation of all off-site impacts to fund improvements to mitigate traffic
impacts.
F. 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 layout of the cluster will
provide for a permanent wildlife corridor and eliminate the need for a street to be constructed on the abutting property.
G. The requested use will promote City planning objectives to the extent possible and will not adversely effect those objectives, as
defined in City master or study plans.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE:
MAILING DATE:
HEARING CONTINUED DATE:
DECISION DRAFT BY:
APPEAL DATE:
11/18/2004
12/2/2004
1/13/2005
2/2412005
Paul Voss
REFERRALS IN DATE:
HEARING DEADLINE DATE:
HEARING CLOSE DATE:
FINAL SIGNING BY:
APPEAL DEADLINE:
11/25/2004
12/11/2004
2/10/2005
2/2412005
3/1412005
FIRST ADVERTISING DATE:
HEARING DATE:
VOTING DATE:
DECISION DATE:
Kenneth Jodrie
11/25/2004
12/9/2004
2/10/2005
2/22/2005
SECOND ADVERTISING DATE:
HEARING TIME:
VOTING DEADLINE:
DECISION DEADLINE:
12/2/2004
7:00 PM
5/11/2005
5/11/2005
MEMBEKS PRESENT:
VOTE,
Jennifer Dleringer
votes to
Ineligible to Vote
William Letendre
votes to
Grant
Paul Voss
votes to
Ineligible to Vote
Francis Johnson
votes to
Grant
George Kohout
votes to
Deny
Keith Wilson
votes to
Grant
Paul Diemand
votes to
Grant
Kenneth Jodrie
votes to
Grant
Paul Diemand William Letendre
MINUTES OF MEETING:
Available in the Office of Planning 8 Development.
1-5-2
1, 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
February 22, 2005
1 certify that a copy of this decision has been mailed to the Owner and Applicant
GeoTMS® 2005 Des Lauriers Municipal Solutions, Inc.
To: City Clerk
PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON
City Hall - 2i o Main Street, Room ii . Nort. ampton, MA o i o6a-3198 - 14131587-1266 • F=587-1264
Wayne Feiden, Director - planning@northamptonplanning.org - www.northamptonplanning.org
FORM F
NORTHAMPTON, MA
February 14, 2005
Date
NOTICE OF DEFINITIVE SUBDIVISION APPROVAL
The Planning Board on February 10, 2005 by 5-1 vote approved with conditions fsee
attachment 11 the following subdivision plan shown on plan sheets dated September 2004 with
Revisions dated February 2005:
Name or description: Colonial Village at Westhampton Road Map ID 48-15 & 41-44
New street names: Ridge View Road
Building Lots: 13
Submitted by: Sovereign Builders, Inc.
Address: 135 Southampton Rd, Westhampton
Pending termination of the statutory ttwenty day appeal period.
Signed '/�^C�E/v`--�
CTiair, Northampton Planning Board
This vote of the Planning Board is duly recorded in the minutes of their meeting.
Copies: Applicant Police Department
Building Inspector Board of Assessors
Board of Public Works Register of Voters
Fire Department File
Board of Health Conservation Commission
After twenty (20) days without notice of appeal, endorsed blueprints, if approved, will be
transmitted to:
Applicant-- 1 mylar Register of Voters-- 1 print
City Engineer-- 1 mylar Police Department -1 print
Assessors-- 1 print Fire Department-- 1 print
Bldg. Inspector-- 1 print File-- 1 print
planning board conservation commission - zoning board of appeals - housing partnership - redevelopment authority - northampton GIS
economic development community development- hiaoricdistrictcommission- historicalcommission central business architecture
original printed on agcl,d paper
a
ATTACHMENT
The planning board approved the 13 -lot subdivision with open space cluster and flag lot special permit
and site plan for common driveway with the following waivers and conditions.
Waivers:
The Board grants the following waivers for this subdivision as authorized in the Rules and Regulations
Governing Subdivision §3:02 to achieve a specific rural neighborhood character and protect important
habitat and allow for undisturbed wildlife corridors, which overall results in a better project. The applicant
has offered to provide a high quality pedestrian connection, donate and preserve valuable open space,
conform to the conditions herein. In lieu of providing a through street, this project will allow non -motorized
connections to abutting properties. In making this determination, the Board finds that streets to adjoining
properties will not be necessary.
A. Waiver from fire protection measures §7:26 -21. The fire department conditionally approves of
this request if NFPA standard 13D is met and measures are installed and maintained accordingly.
B. Waiver from tying into water line within 2000' (§7:26 -1 & 22). .
C. Waiver from sight distance: §7:01 -9. This will be met through conditions related to phasing of
build -out and/or use of AASHTO standards.
D. Waiver from 7:01(5) creation of a dead end street and dedication of future connection.
E. Approval of reduction in frontage along the cul-de-sac under 6.3(1) of the Zoning Ordinance.
No other waivers are approved under subdivision rules and all criteria under the Northampton Zoning
Ordinance must be met including those for common driveways.
CONDITIONS:
1. All technical standards within the subdivision rules and regulations must be met unless otherwise
waived in this approval, regardless of what is shown on the plans.
Prior to endorsement, all plan sheets shall be amended as necessary to incorporate conditions
herein.
Prior to endorsement, the applicant must post a permanent escrow to the City in the amount equal to
the cost to finish construction of the walking trail on the eastern portion of the site from the point
where it enters the wetland buffer of the proposed "crossing" to the property boundary with Map ID
41-32. Construction quantities shall include the cost, in the opinion of Department of Public Works,
for full construction of the wetland crossing using the helical pier detail plus 15% contingency plus
labor at prevailing wages. If the applicant does not complete this section of trail, the City shall retain
the funds to complete the project at some point in the future.
4. Prior to endorsement of the definitive plans, a performance guarantee that conforms to Northampton
Subdivision Rules and Regulations §6:06 (4) must be posted. The developer may place a covenant
not to sell lots or, in lieu of placing a covenant, post a Letter of Credit in accordance with the
standards in the Regulations. If a Letter of Credit is posted it must be in accordance with the
Regulations, two lots must be covered by a covenant not to sell, and must be adequate to cover the
costs of the city completing the project, at prevailing wages and with a 15% inflation factor, and the
Letter may not be reduced below $100,000 until the project is complete and has been accepted as
such by the Planning Board.
5. An $8,000 escrow account shall be established, in the Homeowner Association's name (appearing
first) with a signature line for the City, prior to the first lot sale as an assurance that the Homeowners'
Association will perform their required capital improvements and maintenance. The City may draw
on this account unilaterally if it determines that required capital improvements, maintenance, or
inspections are not being performed. The Homeowners' Association (HOA) is responsible to
reimburse the City, within three months for deposit into the escrow account, for any funds the City
spends from the account. The Permanent Covenants must clearly state that the City will have a
N
right to place a lien on any or all properties within the subdivision or shall provide some other
equivalent, in the opinion of the Planning Board, level of protection for the city, in order to recover
the cost of maintenance for stormwater facilities.
6. Prior to the construction of the road, the applicant must record all covenants.
Stormwater and Wetlands Management
7. The permanent covenants must include compliance with the stormwater management plan, as
approved by the Department of Public Works through issuance of the Stormwater Permit.
8. The covenants must clearly state maintenance responsibilities as required in the stormwater permit.
9. Drainage easements granted to the HOA must be shown on a revised plan with easement access to
the drainage spreaders. These must also be addressed in homeowner association documents.
10. All access points to the stormwater systems need to have gates and mountable curbs shown on the
final plans.
11. As recommended by the applicant's consultant, permanent granite posts (labeled) shall be located
along the limit of work every 100' in areas where individual properties border the 100' buffer in order
to clearly indicate the edge of this buffer line.
Streets, Pedestrian and Vehicular Safety
12. Prior to the issuance of a building permit for the 4th lot, the applicant must show that either the sight
distance within the subdivision rules at the intersection of Ridge View Road and Westhampton Road
have been met or adequate sight distance to meet AASHTO standards is met as determined by the
Department of Public Works and the Planning Board. This may be accomplished via the
improvements Mass Highway has planned for the reconstruction of Westhampton Road or by cutting
back the embankments to accomplish all required sight distances.
13. Permanent covenants must state that snow removal and maintenance of roads and sidewalks
throughout the subdivision, will be the responsibility of the HOA until and unless the city accepts the
street as a public way.
14. Snow removal on sidewalks that abut open space, and the sidewalk adjacent to/in/around the school
bus shelter shall be the responsibility of the HOA regardless of whether street is accepted as a
public way by the City and shall be so stated in the covenants.
15. Maintenance of the cul-de-sac island shall be the responsibility of the homeowner's association and
shall be so stated in the covenants.
16. Maintenance of the school bus shelter shall be the responsibility of the homeowner's association and
shall be so stated in the covenants. The structure shall be maintained in safe, useable condition. If
the shelter is not maintained and the City deems it a hazard, the City shall have the right to repair
the shelter and place liens on the properties within the association in order to recoup any funds
expended for repair.
17. If the street is not accepted by the city, covenants must include an irrevocable provision that states
that the subdivision street may never be gated from public access. Covenants must also state that
the HOA will be responsible for ownership and maintenance until and unless the street is accepted
by the City of Northampton.
18. Prior to the issuance of a building permit for the sixth (6th) lot, and as offered by the applicant and in
partial consideration of traffic impacts, half ($14,500) of the offered $29,000 payment in -lieu of traffic
mitigation must be given to the City.
19. Prior to issuance of a building permit for the tenth (10th) lot, the remaining $14,500 must be given to
the City for traffic mitigation.
20. The funds in the conditions above shall be distributed for traffic and pedestrian safety improvements
as deemed appropriate by the City's Transportation & Parking Commission.
21. Prior to issuance of building permits for lots 7, 8, or 9, a copy of the recorded easements for the
common driveway to serve these lots shall be submitted to the Office of Planning & Development.
The easement shall spell out maintenance requirements for the lot owners. Note: Common
driveway plans should be shown on the application for the building permit for lots 7, 8, and 9 to
ensure compliance with the standards under §5.2 of the Northampton Zoning Ordinance for common
driveways.
22. A street sign, in accordance with city standards, must be shown on the plan and placed on site prior
to the issuance of the first building permit.
23. Plans should be amended to show that street trees at the entrance to the subdivision are not planted
within 25' of this intersection with Westhampton Road.
26. If the applicant chooses to install more street lights than the one per 200' required in the subdivision
rules, these additional lights will be owned/maintained by the HOA and so stated in the covenants.
27. Street lights at a minimum shall be located at the entrance to the subdivision, with its intersection at
Westhampton Road, on curves and at the end of the cul-de-sac bulb.
28. If the applicant opts to select a decorative street light standard that is not to Mass Electric specs, the
HOA shall maintain ownership and maintenance of these lights.
Open Space
29. Prior to any site work for the lots, and as offered by the applicant, the open space shall be deeded to
the Conservation Commission subject to the right of the City and developer to construct and install
the trails. If the City Council does not accept it, the conservation restriction (CR) must be recorded
and held by the City with public access and the rights for the applicant or the city to construct the
walking trails as shown on plan sheet 4. If the open space is to remain private with a CR, permanent
easements must be placed on the property to allow the public to use this open space.
30. Prior to the sale of the first lot, the applicant must post signs at the entrance to the trails indicating
access to pubic open space. Signs shall be constructed in accordance with the standard
Conservation Commission open space signs and named as determined by the Conservation
Commission.
31. The walking trails shown on revised plan sheet 4 (2/05) shall be constructed by the applicant up to
the boardwalk crossing and its associated 100' buffer zone. Trail construction shall be completed
prior to the issuance of a building permit for the 2nd lot.
32. Except for maintenance vehicles and motorized wheelchairs, no motorized vehicles, including
personal assistive mobility devices, shall be allowed on the trails.
33. Details for the walking trails must be amended to indicate installation of root barrier fabric.
Other
33. All private utility easements, including those serving the single-family house lots shall be recorded
prior to issuance of the first building permit. These documents shall indicate that maintenance is the
responsibility of the private owner or owner's association.
N
34. Final plans must show location of utilities providing for cable tv, electric, gas, phone, fiber optic, etc.
as required in the subdivision rules and regulations.
35. In accordance with 6:03 (9,10), GPS control points must be identified. Vertical and horizontal, control
points must be certified by a surveyor to be accurate within one centimeter, prior to final
endorsement. Monuments must be placed at these points.
36. All underground utilities must have warning tape installed a minimum of T above the pipes.
4HUNTLEY
HUNTLEY ASSOCIATES, P.C.
SURVEYORS. ENGINEERS. LICENSED SITE PROFESSIONALS
February 8, 2005
Northampton Office of Planning & Development
City Hall, 210 Main Street
Northampton, MA 01060
Attn Ms. Carolyn Misch, Senior Planner
RE: Colonial Village Definitive Subdivision
Huntley Project No. 03-179
Dear Ms. Misch:
On behalf of Sovereign Builders, Inc., Huntley Associates, P.C. (HAPC) is pleased to present the
additionally revised Colonial Village Definitive Subdivision Plan. As the City of Northampton is aware, the
proposed project consists of a 13 -lot Open Space Residential (cluster) development of single-family homes
that will provide an over 50% land donation to the City, public connecting walking trail, covered bus stop,
and other amenities. Noting the minor revisions to the enclosed plans, the overall street design is essentially
identical to previously submitted plans, and the previously submitted Project Manual remains in effect.
As the City of Northampton Office of Planning & Development (OPD) is also aware, Sovereign Builders
has worked extensively with OPD to create this final iteration of the Definitive Subdivision Plan. As
Planning Board and the Conservation Commission members agreed to the overall project and lot layout on
February 3, 2005, the plan includes a new 3 -lot cul-de-sac configuration, which eliminates the development
potential of land to the south (and road extension easement requirement), and provides for an extensive
environmental corridor. Sovereign Builders agreed to construct 6 -foot wide multi -use trails at locations
outside the wetland resource and buffer areas. It was also agreed that the cement concrete sidewalk will
extend further around the cul-de-sac and ADA ramps will be installed at the cul-de-sac tangent points.
Find enclosed 12 full-size copies of the final revised Definitive Subdivision Plan. Please recall that the
Definitive Subdivision plan set and required filing fee of $5,100.00, ($6.00 x 850117 road) and $335.00
(Major Project) were previously submitted and recorded with the Town Clerk on 9/30/04. Please also recall
that Sovereign Builders has elected to provide the City with $24,000.00 for vehicle Traffic Mitigation rather
than complete a Comprehensive Traffic Analysis, plus an additional $3,000.00 for a Low -Level Traffic
study to be completed by an independent engineer for the City of Northampton.
Huntley Associates, P.C. has prepared the Colonial Village Definitive Subdivision Plan in accordance with
the Rules & Regulations Governing the Subdivision of Land in the City of Northampton, MA, Amended
January 8, 2004, and incorporated design recommendations made by the City of Northampton OPD,
ConComm, and DPW to the maximum extent possible. We look forward to meeting with the OPD and
Planning Board members to present this very positive project.
Sincerely,
HUNPLEY ASSOCIATES, P.
Mark McClusky, P.E.
Engineering Project Director
W:\03-1"19\Aonxx\coaaese\cexTeas\a3-19peeixLTa3 ooc
30 INDUSTRIAL DRIVE EAST. NORTHAMPTON, MASSACHUSETTS 01060 . (413) 584-7444 . FAx (413) 586-9159
1885 STATE STREET. SCHENECTADY, NEW YORK 12304 .(518) 393-4767 . FAX (518) 393-3510
16-18 REYNOLDS AVENUE. ONEONTA, NEW YORK 13820 .(607) 432-3300 . FAx (607) 432-8313
02/03/2005 15:01 4132593727
MICHAEL PILL PAGE 01/02
mai I box:///Macintosh%20HD/Documents/Mozilla/Prof iles/default/...
Subject: Response to Carolyn Misch email RE: Colonial Village/Wes• pton Road and Roberts
Hill/Chesterfield Road
From: Michael Pill <mpill@verizon.net>
Date: Wed, 02 Feb 2005 18:05:38 -0500
To: Carolyn Misch <cmisch@northamptonma.gov>
CC: Todd Cellura <frodd@sovereign builders.com>, Wayne Feiden <wfeidenCnorthamptonma.gov>,
jmshep@aol.com
REQUEST TO JANET SHEPPARD:
Can you attend the meeting at the Planning Department on February 9 at I P.M. concerning the Roberts
Hill/Chesterfield Road project, which is the subject of the pending G.L. c. 240, § 14A Land Court action.
Please, thank you, Michael Pill
5, eve b� K/4 ve ovt
y y yodev �f 9N aomt'Mev ��`�;z�1001-cApe rf-s
r Carol n and Wa ne:
l /
This reply to your email below is the requested written waiver of notice for the meeting February 3, 2005,
with both Planning Board and Conservation Commission. I am sending a copy to Janet Sheppard so she
will have it aq well
I am glad you are communicating in writing so that if necessary there will be a record and no
misunderstandings.
If there are questions or if anything additional is needed in this regard, please let me know in writing
right away. Your assistance in this regard is greatly appreciated.
You are in error concerning the plans. The commitment made by our engineer at the settlement
conference on Friday, January 28, 2005, was to have a single sheet with the settlement plan by the
February 3 meeting, with a full set of plans done by the February 10 public hearing. However, per your
request Todd Cellura will try to have the engineer deliver the single sheet plan to your office during the
day tomorrow, February 3. If there is anything else we can do to facilitate the process, please advise both
Todd and myself. Thanks very much.
Very truly yours,
Michael Pill
Carolyn Misch wrote:
Todd -
Wayne and I can meet at 1:30 on the 9th to go over the issues and means
by which to achieve a I -night approval for Chesterfield Rd,
On Westhampton Road, we were assuming that plans were to be delivered
Mon or Tues. So far we haven't seen anything and hope that they arrive
by the end of the day today. We will also need the written waiver from
Michael regarding the lack of adequate notice for the Planning Board
discussion with the Cons Comm (Thurs. special meeting) in order for the
PB to come to the meeting tomorrow night. Could you please have this to
us by 8:30 tomorrow morning so that we will have enough notice to the
Planning Board in case we do have to cancel their participation in this
session.
Finally, no further comments from other departments on Westhampton Road
and we have not received anything from Board of Health or Department of
I of 2
2/3/05 2:49 PM
MITT ROMNEY
Governor
KERRY HEALEY
Lieutenant Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
436 Dwight Street o Springfield, Massachusetts 01103 • (413) 784-1100 • FAX (413) 784-1149
Todd Cellura
Sovereign Builders, Inc.
135 Southampton Road
Westhampton, Massachusetts 01027
Dear Mr. Cellura:
[E
JAN 2 0 2005
ROY HERZFELDER
Secretary
W. GOLLEDGE, Jr.
Commissioner
RE: Massachusetts Clean Waters Act
Water Quality Certification
Wetlands File Number 246-557
1360 Westhampton Road, Northampton
The Massachusetts Department of Environmental Protection (hereinafter the Department) has
reviewed the Notice of Intent filed for the above -referenced project. Based upon the information
provided within the Notice of Intent, the Department has determined that discharge of dredged or
fill material within "Waters of the United States Within the Commonwealth" is proposed, and
therefore an individual §401 Water Quality Certification application is required per 314 CMR
9.04(3) of the regulations (314 CMR 9.00) promulgated under the Massachusetts Clean Waters
Act (the Act), MGL c. 21, §§ 26 through and including 53. The Department is simultaneously
notifying the Northampton Conservation Commission of this project's status under the Act.
The project proponent must obtain a Water Quality Certificate from the Western Regional Office
prior to the initiation of construction within or adjacent to "Waters of the United States Within
the Commonwealth" (as defined at 314 CMR 9.02), or submit a draft deed restriction per 314
CMR 9.04(3) (see attachment). Please submit either an application (available at
www.state.ma.us/dep) or a draft deed restriction for review within thirty (30) calendar days from
the date of this correspondence.
Please be aware that work within "Waters of the United States Within the Commonwealth"
related to this project without a Water Quality Certificate may constitute a violation of the Act
and/or General Conditions #1 and #3 of an Order of Conditions for this project, and may be
subject to enforcement action on the part of the Department, and possibly other regulatory
agencies.
This information is available in alternate format. Call Donald M. Gomes, ADA Coordinator at 617-556-1057. TDD Service .1-800-298-2207.
DEP on the World Wide Web: hitp://w .mass.gov/dep
0 Printed on Recycled Paper
E
DRAFT Language Concerning Recorded Deed Restrictions, 314 CMR 9.04(3)
Massachusetts Department of Environmental Protection
Western Region, Bureau of Resource Protection
Wetlands Program
In order to assist applicants in obtaining a waiver from the requirement to file a §401 Water
Quality Certification application per the Massachusetts Clean Waters Act, MGL c. 21, §§ 26
through 53, when proposed projects otherwise would qualify for consideration at 314 CMR
9.04(3) of the Regulations promulgated thereunder, the Massachusetts Department of
Environmental Protection, Western Region, Wetlands Program (hereinafter the Program) offers
the following:
The below minimum conditions must be documented prior to the Program granting a waiver per
its discretion at 314 CMR 9.04:
1. The proposed project must meet the definition of a "real estate subdivision" at 314 CMR
9.02;
2. Activities within "Waters of the United States Within the Commonwealth" (as defined at
314 CMR 9.02) meet the definition of "discharge of dredged or fill material' at 314 CMR
9.02;
3. Areal extent of discharge into "Waters of the United States Within the Commonwealth"
must be less than 5,000 square feet, cumulatively, to Bordering Vegetated Wetland
(BVW), Isolated Vegetated Wetland (IVW), and/or Land Under Water (LUW) (each as
defined at 314 CMR 9.02) (or any combination thereof) for the "single and complete
project' (as defined at 314 CMR 9.02);
4. No discharge can occur to any Outstanding Resource Water (as defined at 314 CMR
9.02);
5. Boundaries of BVW, IVW, and LUW are correctly documented and shown on a plan of
record recordable at the respective Registry of Deeds or Land Court;
6. All proposed discharge to BVW and/or IVW is mitigated for at a ratio of at least 1:1,
through a "replacement area plan" prepared according to "Massachusetts Inland Wetland
Replication Guidelines" (MADEP March 2002), submitted to the Department for review
and acceptance;
7. Provided that each of the above is documented, an applicant can proceed with a waiver
request by drafting a deed restriction with the following minimum elements and
submitting it to the Program for approval. Each subdivided parcel must contain a deed
restriction, or otherwise be clearly and legally linked to a previously recorded deed
restriction:
A. It shall bear reference to and contain the final approved site plan (plan of record) of
the subdivided parcel that identifies proposed structures, grades, property lines,
building envelopes, and the boundary of all: Bordering Vegetated Wetland as defined
at 310 CMR 10.55(2) and 314 CMR 9.02; Isolated Vegetated Wetland as defined at
314 CMR 9.02; and Land Under Water as defined at 310 CMR 10.56(2) and 314
CMR 9.02 - collectively "Waters of the United States Within the Commonwealth".
Said site plan shall also contain a written reference to said "Waters of the United
•
States Within the Commonwealth" prohibiting any alteration not permitted under the
Order of Conditions (OOC) issued by the municipal conservation commission in
perpetuity. Reference shall be made to the OOC by DEP Wetland File Number and
Date of Issuance (as defined at 310 CMR 10.04);
B. It shall include a written notice in narrative form to all current and subsequent
property owners and assigns that the property contains Bordering Vegetated Wetland
and/or Isolated Vegetated Wetland as defined at 310 CMR 10.55(2) and 314 CMR
9.02, and as delineated on the plan of record. Said notice shall detail the legal
prohibition against further alteration of said jurisdictional resource areas not
permitted under the OOC in perpetuity;
C. Said deed notation shall specifically enumerate activities, as defined at 310 CMR
10.04 Activity and 314 CMR 9.02 Activity, prohibited in perpetuity within the
demarcated Bordering Vegetated Wetland and/or Isolated Vegetated Wetland. Said
enumeration shall include the following prohibited activities at a minimum:
placement of fill; placement of rubbish, garbage, or debris; mechanical mowing;
cutting or other disturbance of indigenous plant species; landscaping; placement
of structures, pilings or impervious surfaces; any alteration of the substrate; and
any other activity which would temporarily or permanently alter the Bordering
Vegetated Wetland and/or Isolated Vegetated Wetland. Said notation shall
include language clarifying that this prohibition shall continue in perpetuity and
apply to all subsequent owners and assigns;
D. The deed notation shall inform current and subsequent owners and assigns that the
requirements within are ongoing and do not end upon the issuance of a Certificate of
Compliance per 310 CMR 10.05(9);
E. No language within the deed restriction shall grant any authority to any private or
public person, entity or agency, other than the Massachusetts Department of
Environmental Protection, in regards to changes, modifications, or releases to the
above;
F. The deed restriction shall be recorded in the Land Court or Registry of Deeds,
whichever is appropriate. Certification of recording shall be sent to the Department
upon completion.
0
If you wish to discuss the nature of this letter, have any questions, or can demonstrate that the
project as proposed does not require a Water Quality Certification application per 314 CMR
9.03, please call David Foulis At 413-755-2154.
v Sin erely
R ert 7. DGIcCollum
cc Northampton Conservation Commission
Alec MacLeod
10 Main Street
North Orange, MA 01364
2
Chief