20.134 An Order to Appropriate Funds to Complete the Stormwater Analysis Beaver Brook Estates LeedsCITY OF NORTHAMPTON
MASSACHUSETTS
In City Council, October 15, 2020
Upon the recommendation of the Mayor, Office of Planning & Sustainability, and Planning Board
20.134 An Order to Appropriate Funds to Complete the Stormwater Analysis Beaver Brook Estates,
Leeds
Whereas, The Planning Board has retained a $40,000 escrow as a financial performance guarantee
at Beaver Brook Estates, as a special permit condition of approval to ensure the completion of this
project; and
Whereas, the DPW staff have repeatedly requested the final calculations of a professional engineer to
ascertain substantial compliance with stormwater standards and with the Stormwater Permit approved by
the DPW and incorporated by Planning Board as a condition of approval of the project; and
Whereas, the developer of Beaver Brook has failed and refused to provide the requested documentation.
Whereas, As a result of the failure to provide evidence of compliance, the Planning Board has voted to
refuse the return of the escrow funds; and
Whereas, The City will utilize these funds to hire a professional engineer to evaluate the stormwater
system infiltration structures, estimate storage volumes, complete recharge calculations to determine if the
systems are in compliance with the stormwater recharge standards and, to the extent that the system is
non-compliant, to prepare bid contracts to complete this system to the extent necessary to bring the
system into compliance; and
Whereas, improvements will be completed only to the extent that they can be paid for with the escrow
funds, and any additional work required will be the responsibility of the condominium association and/or
property owners at Beaver Brook to come into and maintain compliance with the Stormwater Permit.
Ordered that, Northampton City Council, authorizes the expenditure of Forty Thousand Dollars from the
Escrow Account designated as Beaver Brook Nominee Trust/Patrick Melnick, Trustee to be used to meet
the costs and expenses of the City to complete the stormwater assessment and compliance as specified in
the approved plan and to refund remaining funds, if any.