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Sovereign Way easements and documentsPLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON CitN Hall • 2x o Main Street, Room x x • Northampton, M.A. ox oho - 3 1 9 8 • (4 5 8 7 -1266 . • Fax: 587 -1264. Wayne Feiden, Director' •email: planning @citg.nortbampton.ma.us • internet :wwivnorthamptonplanning.org Memorandum To: Board of Public Works From: Wayne Feiden, AICP, Director of Planning and Development ( 587- 1265 _or wfeiden @norti,amptonpianning.org) Date: Wednesday, February 28, 2001 Re: Sovereign Way Street Acceptance I am writing to support the petition for the City to accept Sovereign Way. We recommend that the city acceptance formally accept the roadway extension easement that was recorded at the Registry of Deeds several years ago. • Accepting this street is a critical part of our joint (Planning and Public: Works) efforts to allow for greater street interconnectivity. When the subdivision was accepted, the Subdivision Permit, the Declaration of Protective Covenants (both attached and recorded at the Registry of Deeds) and the approved plans (on file_ at DPW and recorded at the Registry of Deeds) all required the following: 1. The developer donates an easement to the city to allow eventual continuation of Sovereign Way to the northerly property boundary. Without this, the project could not have been approved because it would violate the subdivision regulations because it would land -lock other properties, create the need for more wetlands crossings in the future (to provide alternative access), and prevent the eventual interconnecting of streets. 2. The developer petition and offer that the street be accepted by the city. Without this, the easement above and all of its benefits would be worthless. 3. The homeowners' association maintains the roadway extension easement. planning board • conservation commission • zoning board of appeals • housing partnership • redeveloprv autljority northampton GIS economic development • community development • historic district commission • historica (commission • central business architecture originalprintedon recjcledpaper 02/06/2001 11:10 413 - 527 -8153 4 TODD CELLURA kci alUYYRfId 12• ^"' 121 omit OP EASEMENTS Sovereign Builders, Inc., a Massachusetts corporation of Westhampton, Hampshire County, Massachusetts (hereinafter called the "Grantor") and being the owner of Sovereign Meadows shown on a plan entitled "Definitive Subdivision Plan of Sovereign Meadows in Northampton, MA," dated January 31, 1995, recorded with Hampshire County Registry of Deeds in Elan Book 179, Pages 26, 27 and 28, for good and valuable consideration grants to the City of Northampton, Hampshire County, Massachusetts (hereinafter called the "Grantee "), the rights and easements described hereafter. A) Pipe Easements The Grantor grants to the Grantee the right and easement, to use in common with the Grantor and others from time to time entitled to use the same, those strips of land lying within the areas labelled- n- Pipe- Ease!' on a plan..entitlsd . "Definitive Subdivision Plan of Sovereign Meadows in Northampton, MA," dated January 31, 1995, by Lewis & Cook Surveyors, Inc., Sheet a., recorded with the said Registry in Plan Book 179, Page 26, for underground drainage pipes or culverts, including the right to use said strips for the purpose of installing, maintaining, replacing, removing and using drainage pipes and related equipment, with the necessary manholes or conduits (a of which drainage pipes and related equipment and conduits shall remain the property of - the entity installing same). Said easements are bounded and described as follows: 1 Beginning at a point on the easterly side of Sovereign Way, said Sovereign Way also shown on said Plan as Lot #14, at the Northwesterly corner of the easement hereby conveyed, said easement being located on Lot #13 and said beginning point PAGE 02 t0 39tid NOS83A /SNCA3 tCZ6SBSEtb LI :TT t00Z /90/Z0 02/06/2001 11:10 413 - 527 -8153 Doc, War 15029 17116/131 12120 being located a distance of ten and 09/100 (10.09) feet Southeasterly from the Northwesterly corner of Lot 13; thence running S 05 °44'54" E a distance of twenty and 00/100 (20.00) feet to a point; thence turning and running 8 83 °58'09" W a distance of twenty and 00/100 (20.00) feet to a point; thence turning and running N 05 °44'40" W a distance of twenty and 00/100 (20.00) feet to a point; thence turning and running N 83 °58'09" E a distance of twenty and 00 /100 (20.00) feet to the point of beginning. I1 Beginning at a concrete bound to be set on the Easterly side of said Sovereign Way, at the Northwesterly corner of the easement hereby conveyed, said easement being located on Lot #13, and thence running N 67 °24'16" E a distance of ten and 00 /100 (10.00) feet to a point; thence turning and running 8 20 °32'02" E a distance of twenty and 01/100 (20.01) feet to a point, thence turning and running S 67 °24'16• W a distance of ten and 00 /100 (10.00) feet to a point on Sovereign Way; thence turning and running Northwesterly by Sovereign Way by a line curving to the left, twenty and 01/100 (20.01) feat more or lees to the place of beginning. III TODD CELLURA PAGE 03 Beginning at a concrete bound to be set on the Westerly side of Sovereign Way at the Southerly corner of the easement hereby conveyed, said easement bring located on Lot #12, and thence running N 41 °28'22" W a distance of twenty -seven and 34/100 (27.34) feet to a point; thence turning and running N 37 °34'17" E a distance of twenty-eight and 39/100 (28.59) feet to a point on the Westerly side of Sovereign Way; thence turning and running Southerly by Sovereign Way by a line curving to the right to the point of beginning. L0 39tid NOSi3A /SNaA1 VEZ6S85Etb LI t00Z /90/20 02/06/2001 11:10 413 - 527 -8153 Doc: t 149 Mt /5029/02S iUm&/l IV TODD CELLURA Beginning at a point on the Westerly side of Sovereign Way at the Northeasterly corner of the seesment hereby conveyed, acid easement being located on Lot # 12, thence turning and running S 67 °24'16" W a distance of ten and 00 /100 (10.00) feet to a point; thence turning and running S 21 °56'12" E a distance of twenty and 00/100 (20.00) feet to a point; thence turning and running N 67 °24'16 E a distance of ten and 00 /100 (10.00) feet to a point on the Westerly side of Sovereign Way; thence turning and running Northwesterly by Sovereign Way a distance of twenty and 00 /100 (20.00) feet, more or less, to the point of beginning. With respect to said right and easement hereby conveyed, the Grantor and the Grantee by its acceptance hereof for themselves and their respective successors and assigns hereby agree as follows: (a) The Grantor shall have the right to uae and enjoy the foregoing right and easement for the purposes stated in common with the Grantee and others legally entitled thereto; (b) If in connection with the installation of pipes or otherwise any excavations are made in said strips the party making such excavation shall forthwith restore said stripe and the surfaces thereof to their prior conditions (c) The foregoing right and easement shall be exercisable only by the Grantor and the Grantee and their respective successors and assigns and others to whom said right and easement may be specifically assigned.. D) Water Line Easement The Grantor also grants to the Grantee, the right and easement, to use in common with the Grantor and others from time to time entitled to use the same, that strip of land lying within the area labelled "Water Line Easement Lines" on a plan entitled "Definitive Subdivision Plan of Sovereign Meadows in Northampton, MA" dated Januery 31, 1995 by Lewis & Cook Surveyors, Inc., p.o. Box- 1196, Belchertown, )RA,..01007.,- Sheet 2 recorded with said Deeds in Plan Book 179, Page 27, for underground water lines.,_ including the_ right to use said strip for the purpose of installing, maintaining, replacing, removing and using water mains and related equipment, with the necessary PAGE 04 E9 39Vd N0a0A /SNVA3 IEZ6g89Ety TOOL /90/Z0 02/06/2001 11:10 413 - 527 -8153 TODD CELLURA PAGE 05 1oc; 960024 UR /502970 12115112 12:24 manholes or conduits (all of which, water mains, and related equipment. and conduits shall remain the property of the entity installing the same). Said easement in bounded and described as follows: Beginning at an iron pipe to be set at the Northwesterly corner of the easement hereby conveyed, thence running bt 82 °10'22" B three hundred forty -four and 63/100 (344.63) feet to an iron pipe; thence turning and running N 83 °57'03" S for hundred three and 82/100 (403.82) fast to an iron pipe to be set; thence turning and running 8 04 °38'27" B sixty and 02 /100 (60.02) feet to an iron pipe; thence turning and running 8 83 °57 W four hundred thirty -nine and 32/100 (439.32) feet to an iron pipes thence continuing S 83 °57'03" W three hundred three and 23/100 (303.23) feet to a point at Lot 15 as shown on said Plan; thence turning and running N 10 °89'11• W forty -nine and 50/100 (49.50) feet to the point of beginning. With respect to said right and easement hereby conveyed, the Grantor and the Grantee by its acceptance hereof for themselves and their respective successors and assigns hereby agree as follows a (a) The Grantor shall have the right to use and enjoy the foregoing right and easement in common with the Grantee and others' legally entitled thereto; (b) If in connection with the inwtallation of utilities or otherwise any excavations are made in said easement area, the party making such excavation shall forthwith restore maid strip and the surface thereof to it■ prior condition; (c) The foregoing right and easement shall be exercisable only by the Grantor and the Grantee and their respective aucceseore and assigns and others to whom aaid right and easement may be specifically assigned. 8xecuted as a Sealed instrument this iTh4my of Novsmbor,1996. Sovereign Builders, Inc. Byl 71,wea: 4704, Todd G. Eellura Its President and Treasurer 00 39Vd NOS8DA /SNVA3 DEZ698SETb Lt :tT T00Z/90/Z0 02/06/2001 11:10 413 - 527 -8153 SEVAS r - AVM MKS 1210 TODD CELLURA THE COMMONWEALTH 08 MASSACHUSETTS November r,, 1996 Hampshire, so -, The personally appeared the above -named Todd G. cellura, President and Treasurer of Sovereign Builders, Inc., and acknowledged the foregoing instrument to be the free act and deed of Sovereign Builders, Inc., ATMS?: EAV2SEIE No'" public - A an Verson My commission expires: 4.12 -02 REGISTSL PAGE 06 50 39dd NOSH3A /SMA3 VEZ6S8;Eib LZ TT TOOL /90 /Z0 - DEC -2001 09:48 :30 lame: NORTHAMPTON OFFICE OF PLANNING & DEVELOPMENT ,eceipt Type: OR Hampshire_ County Registry of Deeds Marianne L. Donohue, Register of Deeds 33 King Street Northampton, MA 01060 -3298 Addr: CITY HALL, 210 MAIN STREET NORTHAMPTON, MA 01060 -0000 , ALETA Payment Total Pages: 0001 Fees Taxes Fee: $ 25.00 Cash: $ 0.00 $ 0.00 Tax: $ 0.00 Check: $ 0.00 $ 0.00 Misc: $ 20.00 Charge: $ 45.00 Charge Code: NOPL Comment: PLAN OF LAND 1 �7 7) -s1C6 SOb• rI _ `/ ;eceipted 89: JILL DOCUMENTS: 992132228 to 992132228 .4 001 0001 0000 Receipt No: 159513 0.00 25.00 0.00 20.00 3 -DEC -2001 09:48 992132228 PLAN /0190 /0068 INIT Status: PAID fpe Page Doc Mref Consider$ Record Fee Excise Tax Stet Misc Fee Record Date Document# Book /No /Page Status Page 0001 of 0001 2. City (8/13/91) Address , laT1rt�'1La Z°5.g 7ature ) Owner iC r,[..1 1 3. • Surveyor } Rl c. . f . kn c -5 Boarde roval — .) /:., 3 "', .74 ' APPLICATION FOR ENDORSEMENT • OF PLAN BELIEVED NOT TO REQUIRE APPROVAL File five completed forms and plans and. one mylar with the City Clerk and the Planning Board in accordance with the requirements of Section 3.02. - To the Planning Board: The undersigned, believing that the accompanying plan of his /her property in the City of Northampton does not.. constitute division within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and • endorsement that Planning Board.approval under the-Subdivision Control Law is not required. 1. Applicant Toad C�� S f�j 0 ,1,0uPrint or type name +c -) () Print or type name elp &6\ esA_, Address Pr nt or type name S gnature //� 9 ,.i v- o L.:0 Y�'Lr4 - Address 4. Deed or property recorded in Book 41 L Page 3S3 5. Location and Description of Property: L1- a- /3 ,Qca , kV W) l,4:1Z1/1 (-00— 6. Assessor's Map ID: . Lot(s): I. N 0 (nVe'r C rr c l O - 7 Date Submitted for Planning Date Planning Board Decision Filed: City Clerk: SUBD VISI011T REGULATI Signature FORM A NORTHAMPTON, MA Phone 4 ■ g 1. Phone Phone (Signature) Registry, Ci ofNortham on Surve Fife • - 2001 -02 PAGE 60 Samuel B. Brindis, P.E. Director, City Engineer Guilford B. Mooring, P.E. Assistant Director of Public Works To: Christine Skorupski, City Clerk GA From: George Andrikidis, Acting Director of Public Works Subject: Sovereign Way — Street Acceptance Date: March 19, 2001 1TY OF NORTHAMPTON, MASSACHUS iS The Board of Public Works at its regularly scheduled meeting on February 28, 2001, voted unanimously to recommend to the City Council the acceptance of Sovereign Way as a city street under the following conditions: 1. A homeowners association is formed and the City receives a list of its officers. 2. The 60 -foot wide easement located at the end of the cul -de -sac is accepted as a potential extension of Sovereign Way. If there are any questions, please call me. cc: Board of Public Works Planning Board L EPARTMENT OF PUBLIC WOriKS 125 Locust Street Northampton, MA 01060 C:\ Subdivision \SovereignWayAcceptance 413 -587 -1570 Fax 413 - 587 -1576 MEMO _.._3 r e i W ' i ; f 1!.; � ; it �' ■•: 1.S MAR 7 9 2001 ^r ' C : ` T ' : C' cr." nr;'CE J To City Council From: Wayne Feiden, AICP, Director of Planning and Development ( 587- 1265orwfeiden @northamptonptanning.org) Date: Wednesday, March 28, 2001 Re: Sovereign Way Street Acceptance On December 14, 2000, the Northampton Planning Board voted unanimously to recommend that City Council accept Sovereign Way as a city street, including the easement that is part of this acceptance. Councilor Marianne LaBarge sent us a copy of a petition from some of the residents along Sovereign Way that no future streetlights be installed, so we do not anticipate future expenses in this area. MAR 2 8 2001 PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON Citg Hall • 2.10 Main Street, Room 11 • Northampton, MA of oho -3198 • 14131587 -1266 • Fax: 587 -1264 Waone Feiden, Director • ema il: planning @cito.nortbampton.ma.us • Internet :www.nortbarnptonplanning.org plannin board = conservation commission • zoning board o of appeals • housing partnership • redevelopment authority • northampton GIS economic development • comm unitv, development • historic district commission • hi • central business arcbitecture original printed on recycledpaper In City Council, December 7, 2000 Referred to Planning B; Td and Board of Public Woz Name . Atte STR A tr Atte P E T I T I O N F O R A C C E P T A N C E A S A C I T Y S T R E E T WE THE UNDERSIGNED inhabitants of the City of Northampton hereby formally Petition the Northamptop City Council to accept the following street(s) entitled 5I f(E( Way showA on approved and Signature of owner of street(s) In City Council, April 5, 2001 endorsed Definitive Subdivision Plan entitled cKjV r t rl MeaCiOuoS , recorded in the Hampshire County Re'istry of Deeds in Plan Book 41119 , Pages � 1 and approved by the Northampton Planning Board on Ma. \‘ , \SGs , as a City Street(s). Attached to this Petition is a Street Acceptance Plan for said street(s) which conforms to the City's requirements for a Street Acceptance Plan. Signatures of inhabitants of the City of Northampton (minimum of six): Street Address ess I,e S" SU�� - / >�� `� old �Z / n ,?.r o(h- 52S F(crence_. � F(Q'er7ce /Y2a, 0/O &2 V ii) if a ' Aea . O e t upon •assage of easements. Date of ��2�� l/c4 0 106 �-, -.9n cit Council, O rdered ' that NOW, THEREFORE BE IT ORDERED, CITY OF NORTHAMPTON MASSACHUSETTS April -5-, -20 0I Upon the recommendation of the Planning Board and Board of Public Works WHEREAS, the Sovereign Meadows subdivision approval required that the developer dedicate both Sovereign Way and associated easements to the city; and WHEREAS, the City has received a street acceptance plan for the acceptance of Sovereign Way; and WHEREAS, both the Planning Board and the Board of Public Works recommend the acceptance of Sovereign Way, but only with the concurrent acceptance of said easements; The City Council hereby authorizes the acceptance and said easements shown on the Sovereign Meadows subdivision approval and on the Sovereign Way Street Acceptance Plan. In City Council, APPI921 Rules suspended, passed two readings and enrolled. �o Attest: - / �� v City Clerk Approved: Mary Clare Higgins, Mayor A true copy. Attest: 1 City Clerk Executed this 11th HAMPSHIRE, SS. Doc; 960018728 OR /4950/0254 08/13/199615; , CITY OF NORTHAMPTON OFFICE OF THE PLANNING BOARD NORTHAMPTON, MASSACHUSETTS COVENANT RELEASE Northampton, Massachusetts, July 11, The undersigned, being a majority of the Planning Board of the City of Northampton, Massachusetts, hereby releases and discharges Todd G. Cellura, and his successors, form the Covenant dated August 17, 1995, recorded in the Hampshire County Registry of Deeds in Book .4719 Page _332 , as well as the property referred to therein, which covenant relates to the Definitive Plan of Subdivision for Sovereign Meadows, dated April 27, 1995 which plan is recorded in Hampshire County Registry of Deeds in Plan Book 179, Pages 25 - 32. Lots released include: #2, #3, #4, #5,#6, #7, #8, #9, #10, and #11, leaving lot #1, subject to the original covenant. day of July , 1996 Majority of the Planning Board of the City of Northampton: THE COMMONWEALTH OF MASSACHUSETTS 9 4Aly 7)/ Then personally appeared andre,u'S (,16 , one of the above named members of the Planning Board of the City of Massachusetts, and acknowledged the foregoing instrument to be the free act and deed of said Planning Board before me, Notary Public: Paul:'te L. Kuzdeba -Hufley My Commission Expires: April 200 eX,mmv ATTEST: HAMPSHIRE, o' f 01.tam REG T 000 MARIANNE Lo DONOHUE 1996 , 1996 June 20, 1996 City of Northampton Northampton, Massachusetts (Beneficiary) Gentlemen: Adinmpion Ariro P. 0. Box 351, Easthampton, MA 01027 -0351 Tel. (413) 527 -4111 We hereby authorize you to draw on this Bank, up to an aggregate maximum amount of $50,000.00 until June 20, 1997 (the expiration date), for the account of Sovereign Builders, Inc., the obligor. ls ;� Your drafts will be accepted only upon your strict compliance with the following terms: 1. Drafts drawn under this Letter of Credit must be marked as follows: Drawn under Easthampton Savings Bank Letter of Credit Number 88, dated June 20, 1996. Said drafts must be signed by the City Treasurer of the Beneficiary. 2. Each draft must be accompanied by the Planning Board's Certification that: Easthampton Office 36 Main Street "We have incurred liability by reason of the failure of Sovereign Builders, Inc., within ninety days of the expiration of this letter, to complete the cons - struction of the project and all related legal documents, and subdivision, and survey work at Sovereign Meadows, Northampton, Mass. in accordance with the definative sub- division approval, the Northampton Zoning Ordinance, and the Rules and Regulations governing the Subdivision of Land in Northampton, including establishing the one bank escrow account reguired by the subdivision permit. The amount drawn, which may be more than required to complete the project, will be held in a segregated bank account until the work can be bid competitively and the bid awarded and paid for or until the contract for the work is otherwise let and the work paid for. Any excess over the cost of completing the work will be returned to the grantor." Hadley Office East Street Irrevocable Letter of Credit No.: 88 Maximum Amount: U.S. $50,000.00 Expiration Date: June 20, 1997 Northampton Office Southampton Office 21 Locust Street 134 College Highway City of Northampton Page Two June 20, 1996 ga &z v p $n 4 P. O. Box 351, Easthampton, MA 01027 -0351 Tel. (413) 527 -4111 3. All requests for payment under this Letter of Credit, with all required documents, must be received and acknowledged by the Bank in writing or by signed return receipt requested or certified mail at its office at 36 Main Street, Easthampton, Hampshire County, Massachusetts no later than 12:00 noon on the expiration date set forth above for the purpose of drawing upon this Letter of Credit, time being of the essence. This Letter of Credit will expire without further notice from the Bank or liability of the Bank to you, upon the expiration date as set forth herein. 4. This Letter of Credit is not assignable or transferrable by you. 5. Upon the earliest of (i) our honoring your ''drafts up to the aggregate maximum amount of this Letter of Credit, (ii) the surrender to us by you of this Letter of Credit for cancel- lation, or (iii) the expiration date of this Letter of Credit, this Letter of Credit shall automatically terminate.. 6. In the event the Beneficiary shall give written notice that the Obligor(s), in the judgement of the Beneficiary, have failed to develop the subdivision as set forth in Paragraph 2.a. hereof, the Bank shall make any funds undisbursed available to the Beneficiary as herein provided; provided however, that upon any such notice, the Bank shall have the right, but not the obligation, to cure such default before any funds are disbursed hereunder, subject to the Planning Board's reasonable time limitations and its approval of the contractor or contractors selected by the Bank to cure such default, which approval shall not be unreasonably withheld or delayed. Not withstanding any other section of this Letter of Credit, the expiration date of the Letter shall automatically be extended by the time period granted to the Bank to cure such default. 7. The Beneficiary agrees that any payments received by it from the Bank will be expended solely for the purpose or curing any default of the Obligor(s) in its obligations and commitments to the City. 8. The purpose of this Letter of Credit is to secure the obligations of the Obligor(s) to complete, in accordance with Planning Board requirements, the construction of ways and other improvements within the subdivision known as Sovereign Meadows, Northampton, Massachusetts, all in accordance with the approved Definative Plan. Easthampton Office 36 Main Street Hadley Office East Street Northampton Office Southampton Office 21 Locust Street 134 College Highway City of Northampton Page Three June 20, 1996 Easthampt 9. This Letter of Credit is subject to and shall be interpreted in accordance with the Uniform Commercial Code of the Commonwealth of Massachusetts. Very truly yours, awrence D. Molloy Senior Vice Presiden LDM /dak Easthampton Office 36 Main Street 8wtkimpton Savings B. k P. 0. Box 351, Easthampton, MA 01027 -0351 Tel. (413) 527-4111 1 " Hadley Office Northampton Office Southampton Office East Street 21 Locust Street 134 College Highway ALAN VERSON 56 MAIN STREET -SUITE 218 , NORTHAMPTON, MASSACHUSETTS 01060 ATTORNEY AT LAW TELEPHONE (413) 586- 1348 July 31, 1996 City of Northampton Planning Department 210 Main Street Northampton, MA 01061 truly yours, Sovereign Meadows Department: This is to certify that Lot 1 as shown on the subdivision plan for Sovereign Meadows is free and clear of encumbrances, other than the first mortgage to Easthampton Savings Bank, which was a purchae money mortgage that was given to the bank at the time Sovereign Builders, Inc., purchased the land. CITY OF NORTHAMPTON OFFICE OF THE PLANNING BOARD NORTHAMPTON, MASSACHUSETTS COVENANT RELEASE Northampton, Massachusetts, November 14, 1996 The undersigned being a majority of the Planning Board of the City of Northampton, Massachusetts, hereby releases and discharges Todd G. Cellura , and his successors, from the covenant dated , recorded in the Hampshire County Registry of Deeds in Book Page , as well as the property referred to therein, which covenant relates to the release of Lots #2 - #11, inclusive, as shown on the Definitive Subdivision Plan entitled Sovereign Meadows, dated April 27, 1995 which plan is recorded in the Hampshire County Registry of Deeds in Plan Book 179 Pages 25 - 32 , and which retains Lot #1 under covenant. The Northampton Planning Board hereby releases Lot #1 from the above - mentioned covenant and places Lot #3 under covenant, in it's place. Executed this 14 day of November , 1996: A MAJORITY OF THE PLANNING BOARD OF THE CITY OF NORTHAMPTON: THE COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE, SS November 14, 1996 The personally appeared Andrew J, Crystal , one of the above named members of the Planning Board of the City of Northampton, Massachusetts, and acknowledged the foregoing instrument to be the free act and deed of said Planning Board before me, Public: Paulet L. Kuzdeba -Hur Notary y My Commission Expires: April 19, 2002 September 27, 1996 Northampton Planning Board City Hall Main Street Northampton, M4 01060 Dear Board Members, Thank you in advance for all your help and consideration. Sincerely yours, Todd G. Cellura President Sovereign Builders, Inc. A SEP301996 We are .requesting to change the covenant on Lot 1, in the sub - division Sovereign Meadows, to Lot 3 in Sovereign Meadows. SOVEREIGN BUILDERS 772 BAY ROAD BELCHERTOWN, MA 01007 (413) 256- 1886. CITY OF NORTHAMPTON OFFICE OF THE PLANNING BOARD NORTHAMPTON, MASSACHUSETTS COVENANT RELEASE Northampton, Massachusetts, November 14, 1996 The undersigned being a majority of the Planning Board of the City of Northampton, Massachusetts, hereby releases and discharges Todd G. Cellura , and his successors, from the covenant dated , recorded in the Hampshire County Registry of Deeds in Book Page , as well as the property referred to therein, which covenant relates to the release of Lots #2 - #11, inclusive, as shown on the Definitive Subdivision Plan entitled Sovereign Meadows, dated April 27, 1995 which plan is recorded in the Hampshire County Registry of Deeds in Plan Book 179 Pages 25 - 32 , and which retains Lot #1 under covenant. The Northampton Planning Board hereby releases Lot #1 from the above - mentioned covenant and places Lot #3 under covenant, in it's place. Executed this 14` day of November , 1996: A MAJORITY OF THE PLANNING BOARD OF THE CITY OF NORTHAMPTON: HAMPSHIRE, SS THE COMMONWEALTH OF MASSACHUSETTS November 14, 1996 The personally appeared Andrew J, Crystal , one of the above named members of the Planning Board of the City of Northampton, Massachusetts, and acknowledged the foregoing instrument to be the free act and deed of said Planning Board before me, Notary Public: Paul'et L. Kuzdeba -Hur My Commission Expires: April 19, 2002 COVENANT AND PARTIAL RELEASE OF COVENANT Todd G. Cellura of 772 Bay Road, Belchertown, Massachusetts, hereinafter called the "Covenantor ", granted to the Northampton Planning Board a Covenant to secure certain obligations of Covenantor relating to Sovereign Meadows Subdivision, which Covenant is dated August 17, 1995 and recorded in the Hampshire County Registry of Deeds Book 4719, Page 345 and the Northampton Planning Board granted to the Covenantor a partial release of Covenant recorded in Hampshire County Registry of Deeds in Book 5032, Page 57. Whereas the Covenantor has posted a Letter of Credit for the Work required by the Northampton Planning Board and the said Planning Board has released Lots 1,2,4,5,6,7,8,9,10, and 11 from the said covenant, but has retained Lot #3 subject to said Covenant and whereas the Covenantor wishes to have Lot #3 released from said Covenant and have Lot #10 substituted in its place as subject to the conditions of the Covenant. NOW THEREFORE Todd G. Cellura hereby grants to the Northampton Planning Board a Covenant on Lot #10 Sovereign Meadows Subdivision to secure certain obligations of the covenantor. The terms of said Covenant are contained in a document dated August 17, 1995 and recorded in Hampshire County Registry of Deeds Book 4719, Page 345 and said document is hereby incorporated into the document by reference. The Northampton Planning Board hereby releases Lot #3 from the provisions of said Covenant and agrees that said lot may be sold and built on and Lot #10 is hereby covered by the above - referenced covenant. Witness our hands and seals this 24t day of July 1997: NORTHAMPTON PLANNING BOARD — rAi THE COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE, SS JULY 24, 1997 Then personally appeared DANIEL J. YACUZZO, one of the above named members of the Planning Board of the City of Northampton, Massachusetts, and acknowledged the foregoing instrument to be the free act and de- .. s.'d Planning Board bef.re e, Notary Public: Paule""e L. Kuzdeba- urley My Commission Expires: April 19, 2002 COVENANT AND PARTIAL RELEASE OF COVENANT Todd G. Cellura of 772 Bay Road, Belchertown, Massachusetts, hereinafter called the "Covenantor ", granted to the Northampton Planning Board a Covenant to secure certain obligations of Covenantor relating to Sovereign Meadows Subdivision, which Covenant is dated August 17, 1995 and recorded in the Hampshire County Registry of Deeds Book 4719, Page 345 and the Northampton Planning Board granted to the Covenantor a partial release of Covenant recorded in Hampshire County Registry of Deeds in Book 495 , PageeP5 WHEREAS the Covenantor has posted a Letter of Credit for the work required by the Northampton Planning Board and the said Board has released Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 from the said Covenant, but has retained Lot #1 subject to said Covenant and whereas the Covenantor wishes to have Lot #1 released from said Covenant and have Lot #3 substituted in its place as subject to the conditions of the Covenant. NOW THEREFORE Todd G. Cellura hereby grants to the Northampton PLanning Board a Covenant on Lot #3 Sovereign Meadows Subdivision to secure certain obligations of the Covenantor. The terms of said Covenant are contained in a document dated August 17, 1995 and recorded in Hampshire County Registry of Deeds Book 4719, Page 345 and said document is hereby incorporated into the document by reference. The Northampton Planning Board hereby releases Lot #1 from the provisions of said Covenant and agrees that said lot may be sold and built on, and Lot #3 is hereby covered by the above referenced covenant. Witness our hands and seals this 12th day of December 1996. NORTHAMPTON PLANK NG B SHIRE, SS THE COMMONWEALTH OF MASSACHUSETTS DECEMBER 12, 1996 Then personally appeared DANIEL J. Yacuzzo, one of the above named members of the Planning Board of the City of Northampton, Massachusetts, and acknowledged the foregoing instrument to be the free act and deed of said Planning Board before me, +; Notary Public: JPaulette L. Ku eba- Hurley My Commission expires: Ap'¢il 19, 2002 04,E05/ 14:00 413-527-E153 SOVEREIGN MEADOWS HOME OWNERS ASSOCIATION BOARD OF MANAGERS: 1_ Todd Collura 135 Southampton Road Westhampton, MA 01027 2. Judith Jacobson 41 Sovereign Way Florence,. MA 01062 3. Richard George 57 Sovereign Way Florence, MA 01062 TODD CELLUR/ PACE 02 ALAN VERSON May 10, 2001 ATTORNEY AT LAW Carolyn Misch Planning Department City of Northampton 212 Main Street Northampton, MA 01060 Dear Ms. Misch, 56 MAIN STREET -SUITE 218 NORTHAMPTON, MASSACHUSETTS 01060 Very truly yours, TELEPHONE (413) 586 -1348 FACSIMILE (413) 585 -9234 In connection with the Sovereign Meadows subdivision, this is to certify to the City of Northampton Planning Board that the title to Lot 15 in the subdivision is free and clear of encumbrances, and that Sovereign Builders, Inc. the owner of the property, is able to convey it without restriction. A partial release of the Easthampton Savings Bank mortgage has been recorded. MAY , ?, Ogl DEPT OF PIANNING NORI HAMP1('?.4{i0 � } � PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON May 9, 2001 Sovereign Meadows Homeowner 74 Sovereign Way Florence, MA 01062 Dear Homeowners: Cit» Hag • 21 o Main Street, Room 11 • Nort MA o x oho -3198 • (413) 587 -1266 • Fax: 587 -1264 Warne Feiden,Director • ernai(: planning @city.nortbampton.ma.us • internet :www.nortbamptonp(anning.org In accordance with the petition request for the City of Northampton to acquire Sovereign Way as a public street, the City Council voted on April 5, 2001 to accept Sovereign Way as a public street. This street acceptance also includes an easement shown on the Sovereign Meadows Subdivision as Lot #15. As a public street, the City will plow snow, provide surface improvements, and any other maintenance required. The easement on Lot 15 was deeded to the City to permit future public street connections or public trail/path connections to open space from Sovereign Way. Such connections in the future would allow neighborhood and city residents to pass along this route. If you have any questions or concerns about this street acceptance, please feel free to contact me at any time. Sincerely, filak/k- Carolyn Misch, AICP Senior Land Use Planner/Pein nits Manager p(ammng board • conservation commission • zoning board o f appeals housing partnership • redevelopment authority • nortbampton GIS economicdeve(opment • communitydeve(opment • historic district commission • historical commission• central business architecture original printedonrecgcledpaper DECLARATION OF PROTECTIVE COVENANTS PREAMBLE This Declaration of Protective Covenants is made this .3/ day of 0 1996, by Sovereign Builders, Inc., ( "Grantor" herein) as owner of certain real estate in the City of Northampton, Hampshire County, Massachusetts ( "Property" herein), being more particularly described in Article II hereof. It is the intention of the Grantor, in furtherance of a plan for the development of the Property, to sell and convey all' of.s'aid Property subject to the conditions, limitations and dovenants, ( "Covenants" herein) as set forth in this Declaration of Protective Covenants ( "Declaration" herein). It is the purpose of these Covenants to provide a means for the development and use of the Property in a manner consistent with the Grantor's intentions and consistent with the Conditions imposed by the City of Northampton Planning Board in its Subdivision Approval for "Sovereign Meadows ", the same being granted by the Planning Board on April 13, 1995. The provisions of this Declaration shall be understood and construed to accomplish these objectives and every person, by acceptance of his deed to a portion of the Property, does hereby agree to be bound by the Covenants contained in this Declaration. ARTICLE I The following definitions shall apply to this covenant: ASSESSMENT: The term "Assessment" shall mean the amount of money due by each lot for-all purposes including maintenance of .the, common areas as determined by the Board of Managers in their sole discretion, to be determined on a yearly basis. ASSOCIATION: The term "Association" shall mean and refer to Sovereign Meadows Home Owners Association, its successors and assigns. BOARD OF MANAGERS: The term "Board of Managers" shall mean the three - member Board established herein for the management of the Home Owners Association. GRANTOR: The term "Grantor" shall mean Sovereign Builders, Inc. or his nominees, successors and assigns. - 13u. e‘ .. ` sloh fir,pk. * 450 iccpie 6;1-53_ DEFINITIONS: The terms defined in this Article I shall, for all purposes of this Declaration, have the meanings herein specified, unless the context otherwise specifies or requires. 3 IMPROVEMENT: The term "Improvement" shall mean and include all buildings, outbuildings, garages, sheds, carports, walls, stairs, decks, fences, poles, signs, driveways, tennis courts, swimming pools and structures of every kind and type. LOT: The term "Lot" shall mean each numbered parcel of the Property which is shown on the Plan (being Lots #1 through #15 inclusively) hereinafter described. MAINTENANCE: The term "Maintenance" shall mean the exercise of reasonable care to maintain the stone settling basins, detention ponds, drainage lines outside the proposed City right -of -way, cul -de -sac island including the berm and the basin and Lots #14 and #15 (the Roadway Area) prior to acceptance of the roads by the City of Northampton (if ever). See Exhibit "A" attached hereto and made a part hereof for specific maintenance responsibilities. PLAN: The term "Plan" shall mean the Plan entitled Definitive Subdivision Plan of Sovereign Meadows in Northampton, MA and recorded with the Hampshire County Registry of Deeds in Plan Book 179, Pages 26 and 27, and as revised from time to ,time, showing Lots #1 through #15 inclusive. RESIDENTIAL AREA: The term "Residential Area" shall mean those areas of the Property designated on the Plan as numbered Lots #1 - #11 inclusive, which are building lots. ROADWAY AREA: The term "Roadway Area" shall mean Lots #14 and #15. "Street" shall mean the paved portion of the Roadway Area to be designated Sovereign Way. ARTICLE II PROPERTY SUBJECT TO DECLARATION: The Property subject to this Declaration shall be the land in Northampton, Massachusetts, being Lots #1 - #15 inclusive, all as more particularly shown on the Plan described in Article I hereof, and known as Sovereign Meadows. ARTICLE III A. LAND CLASSIFICATIONS: The Property has been divided into the following use classifications: 1) Residential Area, Lots #1 - #11 inclusive; 2) Non - Building Area, Lots # 12 - #13; and 3) Roadway Area, Lots #14 & #15. 2 B. PERMITTED USES AND RESTRICTIONS: Each Lot within the Property shall be for the exclusive use and benefit of the Owner thereof, subject, however, to all of the following uses, limitations and restrictions. 1) USE OF RESIDENTIAL AREAS: No residential structure other than one single - family dwelling shall be erected or placed on any Residential Area, namely, Lots #1 - #11. Attached or detached garages for not more than three cars, together with accessory non - residential structures such as greenhouses, tool sheds, pools and fencing shall be permitted, but only if and so long as they are used in connection with a dwelling house and as long as they are permitted under any applicable state, county, or municipal rules and regulations. The land included in said tract shall be used for residential or non - commercial purposes only. The use of a portion of a dwelling as a professional office or studio by a person residing therein shall be permitted if allowed by the Zoning By -Law. In no event shall the premises be used for any purpose which may be or become an annoyance or nuisance to the neighborhood or in violation of the Zoning By -Laws. No so- called clubs or social organizations shall occupy the premises.No more than two (2) tag sales per year of the possessions of a lot owner shall be permitted. 2) USE OF ROADWAY AREAS: Lot #14 shall be used by any Owner for all purposes for which roads and streets may be used in the City of Northampton. Upon completion of the subdivision improvements required in the Subdivision Approval granted by the City of Northampton Planning Board, the Grantor shall petition the City to accept Lot #14 as a Public Way. Until such time as the Planning Board has approved all construction pursuant to the approved construction plans and has certified that all Orders of Condition have been fulfilled and the City of Northampton has accepted the Street, and appropriate documents have been recorded in the Hampshire County Registry of Deeds as contemplated herein, any costs for maintenance within the Roadway Area shall be the responsibility of the Homeowners Association and the Roadway Area shall be managed by the Board of Managers with costs allocated in the same manner as costs allocated for the management and maintenance of the Retention Areas. 3) EASEMENTS: The Grantor reserves to himself, his heirs, successors and assigns the right to construct, permit or grant easements for the installation and maintenance of drainage facilities as may be required by the City of Northampton. The Grantor further and similarly reserves the right to grant easements for the construction and maintenance of any underground utility services being distributed to the 3 "Property" as such rights may be required by the City of Northampton or those private companies providing said services to the "Property" herein. The rights to grant easements over a lot shall terminate upon conveyance of each lot. 4) LOCATION OF UTILITIES: The furnishing of all utility services to each lot -shall be by means of underground installation. 5) LOCATION OF STRUC'ruRES ON A LOT: No residence or garage, or any part thereof, shall be erected or placed nearer than fifty (50') feet to any street line, nor twenty (20') feet to any side line, nor forty (40') feet to any rear line of any building lot. If the Zoning By -Laws then in existence require greater distances, said By -Laws shall control. 6) BUILDING AND LANDSCAPING APPROVAL: No building, fence, wall or other structure shall be commenced or erected, nor shall any addition to or changes or alterations be made, until plans and specifications, showing the nature, kind, shape,height, materials, floor plans, color scheme, and the grading plan of the lot to be built upon, shall have been submitted to and approved in writing by Grantor. Grantor shall have the right to refuse to approve any such plans, specifications or grading plans which are not suitable or desirable, in its opinion, for aesthetic or other reasons; and in so passing upon such plan, specifications and grading plan, it shall have the right to take into consideration the suitability of the proposed building or other structure and of the building materials to the site, the harmony with the surroundings and the effect of the building or structure on the neighboring property. Said submission of plans shall include: (a) a plot plan of the lot, showing the location of the proposed construction; (b) building plans, including drawings which show the elevations of the proposed'construction; plans; colors; and (c) detailed landscaping plans and driveway (d) a description of exterior materials and (e) the owner's proposed construction schedule. The Grantor shall provide written approval of said plans suitable for recording. In the event that Grantor no longer owns any lots, said right of approval of plans shall be by the Association. In the event that Grantor, or the Association, as the case may be, fails to respond within twenty 4 (20) •days .. following submission- of- - -all- plans and information, the said plans shall be deemed to have been approved. An affidavit so stating may be signed and recorded by the lot owners or applicant. 7) SIDING: No tarpaper, asphalt siding, aluminum siding, log siding, plywood siding, texture III siding, roll brick or similar materials may be used as siding on outside walls. All siding is to be of wood, cedar, pine or equivalent. 8) RESIDENCE SIZE AND STYLE: One - story dwellings shall contain not less than 2,000 square feet of living area; two -story dwellings shall contain not less than 950 square feet of living area on the first floor and not less than 1,700 square feet of living area, total. Living area is defined as "year round, heated living space located above grade ". All dwellings shall include a two -car garage, although this provision may be waived by the Grantor in writing if an adequate evergreen vegetative screen is provided around the parking area, and if the living area of the dwelling exceeds the area required above by 200 square feet. 9) INCOMPLETE DWELLINGS: The exterior of any building erected on a lot and the landscaping and grading in connection therewith shall be finished and completed within twelve (12) months after commencement. 10). BOATS, AUTOMOBILES, TRAILERS, CAMPERS, TENTS• COMMERCIAL VEHICLES: Parking of mobile homes, recreational vehicles, trailers, Class II trucks, heavy construction equipment, unregistered or junk vehicles or any other similar property, shall be prohibited on the premises unless parked or stored inside a garage. 11) ANIMALS: No animals, livestock or poultry of any kind shall be raised, bred or kept on the property, except that dogs, cats or other usual household pets may be kept on lots provided that they are not kept, bred or maintained for commercial purposes and do not become a nuisance to other• owners and occupants. 12) EXTERIOR LIGHTING: No exterior lighting shall be installed so as to interfere with or shine onto neighboring properties. No lights shall be placed higher than the eaves of the house. Copper lanterns shall be used whenever exterior lighting is visible from a street. 13) MAINTENANCE: Each lot and each home together with the accessory structures and grounds shall be maintained in a neat appearance and manner by the owner. 5 14) LEASING: Nothing herein shall be deemed to pre'ventthe leasing of a residence from time to time by the owner '.thereof, subject to all of the provisions of the Declaration. 15) DRIVEWAYS: No bituminous concrete (black top) driveways may be installed; driveways must be constructed of oil and stone or traprock gravel. 16) TEMPORARY OCCUPATION: No trailer, mobile home, basement of any incomplete building, tent, truck camper, shack, garage, barn, and no temporary building or structure of any kind shall be used at any time for a residence, except such use or structures may be used during the reconstruction of a dwelling in the Residential Areas. The structure shall be removed immediately after the completion of reconstruction. 17) NUISANCES: No refuse, rubbish, vehicle parts or bodies, junk, waste or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any lot which will or. render any such Lot or any portion thereof unsanitary, unsightly, offensive or detrimental to any other Lot and no activity, structure or device shall be conducted, built or , maintained which is or may be offensive or detrimental to any otthe,'Other property in the vicinity or to its occupants. 18) REPAIR OR IMPROVEMENTS: No improvement upon any Lot shall be permitted to fall into disrepair, and each such Improvement shall at all times be kept in good condition and repair and adequately painted or otherwise finished. 19) TRASH: All clotheslines, equipment, trash containers, service yards, woodpiles and storage piles shall be kept screened by adequate planting or fencing so as to conceal them from the view of neighboring residences and streets, except during such necessary periods as when said trash containers are made available for collection. All rubbish, trash and garbage shall be regularly removed from the premises and shall not be allowed to accumulate thereon. No dead trees or heavy brush of any kind shall be placed or permitted to accumulate upon or adjacent to any lot which will or may render the same or any portion thereof unsanitary, unsightly, offensive or otherwise detrimental to any other lot. 20) REMOVAL AND DISTURBANCE OF EARTH: No loam, peat, gravel, sand, or other mineral resource of any kind shall be excavated or removed from the Property shown on the Plan in su a'manner as to affect the surface thereof, except in conjunction with the building of allowed Improvements or landscaping. 6 At all times during said - construction when the surface of the Lot or Property is disturbed, the Owner of the Lot or his agent shall undertake adequate siltation and erosion measures in accordance with good landscaping and construction practices such as the USDA Soil Conservation Service Guidelines. 21) SURFACE DRAINAGE: All surface drainage created by runoff water resulting from the construction of Improvements shall be contained on the Lot upon which the construction has taken place, or shall be directed into the Roadway Area with care provided in accordance with procedures described above. 22) EXCEPTIONS FOR GRANTOR: Nothing contained in the covenants shall be construed to prevent the erection or maintenance by Grantor, or its duly authorized agents, of structures or signs necessary or convenient to the development, sale, operation or other disposition of the Property. However, any such structures or signs shall be removed by the Grantor upon the sale of all properties. 23) SUBDIVISION: No Lot or combination of Lots shall be subdivided or modified in any way for the purpose of increasing or enlarging the total number of lots upon which single- family residential structures may be constructed. No portion of any Lot nor any easement or license shall be conveyed by any owner without the prior written approval of the Developer or its successors or assigns, including the Association, after Grantor no longer owns any lots. Property lines between Lots may be re- plotted by said owners, provided no additional lots are being created. Such re- plotting will require the written approval of the developer until January 1, 1999. 24) SIGNS: No signs shall be erected or maintained on any Lot except: (a) Such signs as may be required by law; (b) A residential identification sign having a total face area not larger than one hundred forty -four (144) square inches; Zoning Bylaws; (c) Professional signs as permitted by the (d) During the time of construction of any building or other improvements, one job identification sign not larger in area than three (3) square feet; 7 (e) A "For Sale" or For Rent" sign, of reasonable type, size and appearance, but only if attached to the building or free standing (and not attached to a tree); and 25) ANTENNAS: Television or other antenna structures, including dish antennas, aerials or other electronic receiving devices shall be placed, constructed or maintained on said land, only if they are under six feet (6') in height, are located in the rear yard, and can be screened from the street and neighboring properties. The placement of any such structures that fall within these guidelines will require the written approval of the Grantor or the Association after Grantor no longer owns any lots. 26) FENCES: No fences over six feet (6') in height,, or hedges over eight feet (8') in height, shall be constructed. Fences in front yards of houses shall be limited to forty -two inches (42 ") in height. 27) GRANTOR EXEMPTION FROM COVENANTS: The foregoing covenants shall not apply to the business activities of the Developer, its successors or assigns during the construction and sale period, nor shall they apply to residential lots which are owned by the Grantor and which remain unimproved. 28) BINDING NATURE: The covenants and restrictions of this Declaration shall run with and bind the land and shall inure to the benefit of the Grantor, his successors and assigns and all Lot owners. 29) SEVERABILITY: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way effect any other provisions, each of which shall remain in full force and effect. 30) WAIVERS: Grantor or its duly authorized delegate shall have the right to waive, alter or amend any of the foregoing restrictions in the event it becomes necessary or equitable to do so, and he or his delegate shall be the sole judge as to the propriety of such waiver, alteration or amendment. Any such waiver or any failure to enforce the restrictions shall not be deemed a waiver of the right to enforce the restrictions thereafter. ARTICLE IV HOMEOWNERS ASSOCIATION: The management and maintenance of the areas specified in Article "II" shall be by the Sovereign Meadows Homeowners Association. 8 A. OWNERSHIP: Lots #14 and #15 shall be - retained by Grantor in order to obtain acceptance of Sovereign Way by the City of Northampton. In the event that the City does not accept said areas, then ownership will be transferred to the Homeowners Association. In addition, Lots #12 and #13 will be transferred to the Homeowners Association. B. BOARD OF MANAGERS: The Board of Managers ( "Board ") of the Association shall manage the business and affairs of the Association and shall consist of three (3) Managers. 1) FIRST BOARD OF MANAGERS: The First Board of Managers shall be designated by the Grantor and shall serve until the First Election Meeting as hereafter described. Upon the Grantor's conveyance of the final Lot to a purchaser unaffiliated with the Grantor, Grantor shall resign as a Manager of the First Board. The Grantor reserves the right to resign at an earlier date provided that a new Board of Managers has been designated by the Grantees. The Managers of the First Board shall be subject to removal in the manner set forth in Section B. 3) of this Article or in the event of resignation or death, shall be subject to replacement in the manner set forth in Section B. 3) of this Article. 2) SUBSEQUENT BOARDS OF MANAGERS: The Board, designated pursuant to this Article, shall hold office until the First Election meeting of the lot owners, which shall be held as a special meeting of lot owners, within 60 days after the date on which title to 70% of the total lots in the residential area have been conveyed by the Grantor to purchasers. Owners of Lots in the Residential Area only shall be entitled to vote, with each Lot entitled to one vote. Not withstanding the foregoing, in the event an Annual Meeting of lot owners is to be held within sixty (60) days of the date described above, such annual •meeting shall serve as the First Election Meeting. At the First Election Meeting, the Lot Owners shall elect three Managers, one for a term of one year, two for a term of two years. Each Manager shall hold office until such time as his successor has been duly chosen and qualified. 3) REMOVAL: At any regular or special meeting of Lot Owners, any one or more of the Managers may be removed with or without cause by a majority in interest of the Lot Owners, and a successor may then and there or thereafter be elected by vote of a majority in interest of the Lot Owners to fill the vacancy thus created for the remainder of the term, provided, 9 however, that prior to the First Election Meeting-, any Manager . designated by the Grantor may be removed only by the Grantor and in. the Grantor's sole discretion and without the need for a meeting or vote. The Grantor shall have the unqualified right to designate a successor for any such Manager removed by the Grantor or by resignation or death if_ such Manager was appointed by Grantor. Any member of the Board elected by the Lot Owners shall be given timely notice of the meeting at which his removal shall be considered and an opportunity to be heard at the meeting. 4) VACANCIES: Vacancies in the Board of Managers caused by any reason other than the removal of a member thereof by a vote of the Lot Owners may be filled by the unanimous consent or vote of the remaining Managers at a regular or Special meeting of the Board held not more than ten (10) days after any such vacancy arises, and each Manager so elected shall be a member of the Board until the next Annual_Meeting, at which time the Lot Owners shall elect a Manager to fill the remainder of the term, if any. If as a result of vacancies occurring after the First Election Meeting there are no Managers on the Board, a special meeting of Lot Owners shall be called for the purpose of electing Managers by circulating to all Lot Owners a notice signed by the owners of at least five (5) Lots. 5) ORGANIZATION MEETING: The first meeting of the Board following the Annual Meeting or the First Election Meeting (if other than an Annual Meeting) shall be held within thirty (30) days thereafter at such time and place as shall be fixed for such meeting. 6) REGULAR MEETINGS: Regular meetings of the Board may be held at such time and place as shall be determined from time to time by a majority of the Managers, but at least one such meeting, which may be the organizational meeting, shall be held during each fiscal year. Notice of regular meetings of the Board shall be given by the Clerk of the Association to each Manager by mail or telephone at least three (3) business days prior to the day named for such meeting. Lot Owners within the subdivision shall also be given notice of meetings in accordance with this section. 7) SPECIAL MEETINGS: Special meetings of the Board may be called by any Board Manager on three (3) business days' notice to each Manager, given by mail or telephone or in -hand delivery, which notice shall state the time, place and purpose(s) of the meeting. 10 8) - WAIVER OF NOTICE: -- Any Manager may at any-- time -- waive notice of any meeting of the Board in writing and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Manager at any meeting of the Board shall constitute a waiver of notice by him of the time and place thereof. If all the Managers are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. 9) MEETINGS OF THE BOARD: At all meetings of the Board, two (2) Managers shall constitute a quorum for the transaction of business. The votes of a majority of the Managers present at a meeting at which a quorum is present shall constitute the decision of the Board. If at any meeting of the Board there shall be less than a quorum present, the meeting shall automatically be adjourned to the same time and place one week after the adjourned meeting. At any adjourned meeting at which a quorum is present, any business which might have been transacted at the meeting originally called may be transacted without further notice. 10) COMPENSATION: No Managers shall receive any compensation for acting as such, provided, however, each Manager shall be entitled to reimbursement for all reasonable expenses incurred on behalf of the Association. 11) NO PERSONAL LIABILITY: No Manager shall under any circumstance or in any event be held liable or accountable out of his personal assets by reason of any action taken, suffered or omitted by him in good faith while serving as Manager, or for allowing one or more of the other Managers to have possession of the trust books or property, or be so liable, accountable or deprived by reason of honest errors of judgment or mistakes of fact or law, except for willful acts in bad faith. 12) SELF - DEALING: No Manager shall be disqualified by reason of being a Manager from contracting or dealing with the Managers or with one or more Lot Owners whether directly or indirectly because of such Manager's interest, personally or as Manager, or because of any Lot Owner's interest in any corporation, firm, trust or other organization connected with such contracting or dealing or because of any other reason, as vendor, purchaser or otherwise, nor shall any such dealing, contract or arrangement entered into with respect to this Association in which any Manager shall be in any way interested by avoided, nor shall any Manager so dealing or contracting or being so interested be liable to account for any profit realized by any such dealing, contract or arrangement by reason of such Manager's holding office, provided the Manager shall act in good faith and shall disclose the nature of such Manager's interest before the dealing, contract or arrangement is entered into. 11 13) INDEMNITY: The Board of Managers and each - Manager shall be indemnified by the Lot Owners to the extent of their Lot ownership against any liability incurred by them or any of them in the carrying out of their duties hereunder, put in'place an indemnity policy for the Board of Managers including, without limiting the generality of the foregoing, liabilities in contract and in tort and liabilities for damages, penalties and fines. Every agreement made by the Board shall provide that the Managers or the Association are acting only as agent for the Lot Owners (including the Grantor) and shall have no personal liability thereunder (except as Lot Owners). 14) POWERS AND DUTIES: The Board shall have the Powers and Duties necessary for the administration of the affairs of the Association and may do all such acts and things except as by law prohibited. Such Powers and Duties of the Board shall include, but shall not be limited to, the following: (a) To operate, inspect, care for and perform the maintenance as required for the areas specified in Article "I ", including payment of real estate taxes on lots owned by the Association; (b) To determine the Common Expenses and assess each residential Lot Owner on an equal basis; (c) To collect assessments from Lot Owners and enforce all obligations of the Lot Owners with the power to place liens on Lot Owners for said Association Fees that are delinquent; (d) To employ, appoint and remove personnel necessary or advisable for the maintenance and operation of the Common Areas; (e) To deposit funds of the Association in any bank or trust company and to open and maintain a separate account for the purpose of providing maintenance of the Detention Areas, pipes and other required maintenance of the Homeowners Association and also for the purchase of Liability Insurance for the Detention Areas as may be required by the Planning Board of the City of Northampton. The minimum amount required to be maintained in said separate will be $5,400.00; (f) To manage and otherwise deal with the Common Areas, including the power to make contracts; (g) To obtain liability and other insurance as may be necessary for the Association, and adjust losses payable as a result of such insurance; 12 (h). adopt and amend from _time to time rules and regulations relating to the operation of the Association; (i) To initiate, prosecute and defend suits at all trial and appellate levels on behalf of the Association in the exercise of its power, including, without limitation, enforcing the provisions of the Restrictive Covenants, including the power to settle suits brought by or against the Association involving Common Areas or any other matters; and (j) To do everything necessary for the attainment of any of the objects, or the furtherance of any of the purposes of the Association, either alone or in conjunction with the Grantor's and /or the Lot Owners. 15) CERTIFICATE OF STATUS OF BOARD: The Board of Managers of the Association shall record a Certificate of Incumbency with the Registry of Deeds within fifteen days after the election or removal of members of the Board and promptly after the election or removal of members of the Board and promptly after any vacancy in the Board continues for more than forty -five days. Any instrument signed by a majority of the Board at any time as they appear of record and duly attested as the act of the Association, and shall be binding upon the Association. No purchaser, mortgagee, lender or other person dealing with the Board, as they appear of record, shall be bound to ascertain or inquire further as to the persons relative thereto, other than a recorded certificate thereof, and such recorded certificate shall be conclusive evidence of the members of the Board and of any changes therein. 16) ACTION OF BOARD WITHOUT A MEETING: Any action required or permitted to be taken at any meeting of the Board may be taken without a meeting if all Managers consent to the action in writing and the written consents are filed with the records of the Board. Each such consent shall be treated for all purposes as a vote at a meeting. ARTICLE V The City of Northampton shall have the right to complete work not performed on a timely basis by the Homeowners Association and to place liens on the Lots to secure payment for the cost and administrative expenses of all work performed, provided, however, that nothing in these covenants shall relieve Grantor from responsibility to complete work required of it by the Northampton Planning Board. 13 ARTICLE VI A. AMENDMENT AND DURATION OF DECLARATION 1) AMENDMENT: Prior to the sale of the final lot in the Sovereign Meadows Subdivision, the First Board of Managers reserves the right to amend or repeal any section of these Covenants, except as restricted by this paragraph. After sale of the final lot of the subdivision, these Covenants may be amended or repealed at any time by the written consent of two - thirds (2/3) of the owners of the Property (including the Grantor.if he shall then be an Owner). Such amendment or repeal shall not be effective until such time as it has been recorded with the Hampshire County Registry of Deeds. Notwithstanding the foregoing, no such amendment or repeal Shall be valid if it results in any violation of the Permits and Approvals granted by the City for development of this property. Furthermore, no such amendment or repeal shall be valid if the intent is to relieve or remove the absolute prohibitions created by Article III, concerning Aquifer Protection. 2) DURATION OF DECLARATION: Subject to the provisions of Paragraph A. Section 1 of this Article hereof, the Declaration shall continue in force and effect for perpetuity. B. ENFORCEMENT AND WAIVER: 1) RIGHT OF ENFORCEMENT: The Declaration is for the benefit of the Property and shall run with the land. Except as may otherwise be provided herein, any authorized Board or Agency of the City of Northampton, or any owner of any Lot, including the Grantor, shall have the right to enforce any or all of the provisions of the Declaration by any legal proceedings, either at law or at equity, to compel, enforce or enjoin this Declaration. 2) VIOLATION OF LAW: Any violation within the Property of any State law or City By -Law, or any regulations pertaining to the ownership, occupation or use of the property, is subject to any or all of the enforcement procedures set forth in said Declaration. 3) REMEDIES CUMULATIVE: Each remedy provided by the Declaration is cumulative and not exclusive. 4) WAIVER: The failure to enforce any of the provisions of the Declaration at any time shall not constitute a waiver of the right thereafter to enforce any such provisions of said Declaration. 14 1) RESTRICTIONS SEVERABLE: Each of the provisions of the Declaration shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provisions. 2) SINGULAR INCLUDES PLURAL: Unless the context requires a contrary construction, the singular shall include the plural and the plural singular and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. D. CAPTIONS: All captions or titles used in the Restrictions are intended solely for the - confidence of referenced and shall not effect that which is set forth in any of the provisions of such Declaration. IN WITNESS WHEREOF, the said Sovereign Builders, Inc. has caused its seal to be hereto affixed, acknowledged and delivered by Todd G. Cellura, its President, this 3/ day of _ , 1996. Signed and sealed in the presence of: Witness: C. CONSTRUCTION AND SEVERABIL=TY: SINGULAR AND PLURAL Hampshire,, ss. eal \celura -a.cov 15 SOVEREIGN BUILDERS, INC. By: Todd G. ellura Its President THE COMMONWEALTH OF MASSACHUSETTS fi dcf 3/ , 1996 • then personally appeared the above -named Todd G. Cellura, President, Sovereign Builders, Inc. and acknowledged the foregoing instrument to be its free act and deed, before me, ota y Public My commission expires: 4////c� /-74,L,0.-- . J • Required maintenance of the Cul -de -sac island lots #12,13,15 and the stone settling basins. It is the intentionpf th develope a completion of the road construction, o lo am and s eed the u 1 d e -sac i ftlwa A be the responsibility of the Sovereign t Meadows Home Owners Association to maintain this area. Specifically watering, mowing, of the grass and any other work necessary to keep this area from 'becoming a hazard or unsightly. There will be a separate water meter monitoring water used for maintaining the Cul -de -sac island, and it will be the responsibility of the Home Owners Association to pay for the water bill to that meter. Lots# 12 & 13 are the Non- Building lots which contain both the wetland replication areas and the stone settling basins.The wetland replication areas will not require any maintenance.The remaining area is currently open meadow , maintenance of this area will consist of haying or mowing which will be the responsibility of the Home Owners Association. Maintenance of lot #15 which is the future road extension lot is also currently open meadow and row crop area. It will be the responsibility of the Home Owners Association to Hay , Mow or maintain this area in a manner acceptable to the City of Northampton. Exhibit A 1Maintcnance Of The Stone Settling Basins ' The maintenance program for the three (3) stormwater drainage settling basins consists of three components: 1. Inspection 2. Removal of accumulated debris 3. Disposal of accumulated debris 7 1. Inspection The president of Sovereign Meadows Home Owners Association shall be responsible for periodic inspection of the three settling basins. Periodic inspection shall as a minimum include walking across the length of each of the settling basins, noting the depth of accumulated debris as observed on the permanent steel pipe placed in the settling basin.The observed depth being recorded in the minutes of the next scheduled meeting of the Home Owners Association.Observation of depth of accumulated debris shall be determined by measuring down from the top of the steel pipe. Periodic inspections shall be conducted as a minimum of once every ninety days. 2. Removal of accumulated debris As determined from inspection of the settling basin and confirmed by the depth of debris in the basin the debris collected must be removed. Removal of accumulated debris shall be conducted by the Home Owners Association or by a contractor hired by the association.Removal of debris is required when the distance from the top of the steel pipe to the bottom of the basin is less than one and one half feet (1 foot - 6 inches). Debris shall be removed by spade shovel manually. Excavated debris shall be placed in rubber tired hand carts (manpower) off the stone lined settling basin to a receiving vehicle.Debris need not be removed to stone base of settling basin, however, debris removal should provide for a minimum of two feet (2 feet) depth. 3. Disposal of debris Debris removed from the settling basins shall be disposed of as a hazardous material in accordance with massachusetts general laws chapter 21E as promulgated under regulation 310 Cmr 40.0000. The disposal under 310 Cmr 40.0000 shall be under a Bill of lading (BWSC - 012). Cost of offsite disposal under Bill of lading shall be paid for by the Home Owners Association. GRANT OF EASEMENTS A) Street and Way Easements Todd G. Cellura, of Belchertown, Hampshire County, Massachusetts (hereinafter called the "Grantor ") and being the owner of Sovereign Meadows shown on a plan entitled "Road Extension Lot Proposal Definitive Subdivision Plan of Sovereign Meadows in Northampton, MA" dated January 31, 1995 by Lewis & Cook Surveyors, Inc., P.O. Box 1196, Belchertown, MA 01007, Sheet 2A, recorded with Hampshire County Registry of Deeds in Plan Book , Page , for good and valuable consideration grants to the City of Northampton, Hampshire County, Massachusetts (hereinafter called the "Grantee "), the right and easement, to use in common with the Grantor and others from time to time entitled to use same, that portion of land owned by the Grantor, described below, for all purposes for which streets and ways are now or may hereafter be used, including without limitation, access on foot and in motor vehicles and installing, maintaining, replacing, removing and using underground utility lines, including without limitation sewers, drains, water mains, gas pipes, electric lines, telephone lines and cable television lines therein and thereunder, (all of which underground sewers, drains, water mains, gas pipes, electric light, power and telephone wires and cable television lines shall remain the property of the entities installing the same.) Said easements are bounded and described as follows: I Beginning at a concrete bound to be set on the Westerly side of Sovereign Way, also shown on Sheet 1 as Lot # 14, at the Southerly corner of the easement to be conveyed, said easement being located on portions of Lots 8 (REV), 7 (REV) and 6 (REV), and thence running along a line curving to the left having a radius of twenty -five (25) feet, a distance of twenty -five and 49/100 (25.49) feet to a concrete bound to be set, thence continuing along a line curving to the right having a radius of eighty and 00 /100 (80.00) feet, a distance of eleven and 11 /100 (11.11) feet to an iron pipe to be set, thence continuing along a line curving to the right having a radius of eighty and 00/100 (80.00) feet, a distance of one hundred two and 75/100 (102.75) feet to an iron pipe to be set; thence continuing along a line curving to the right having a radius of eighty and 00 /100 (80.00) feet, a distance of fifty -one and 38/100 (51.38) feet to an iron pipe to be set, thence continuing along a line curving to the right having a radius of eighty and 00/100 (80.00) feet, a distance of fifty -one and 12/100 (51.12) feet to an iron pipe to be set; thence turning and running Southerly along Lot #6 (REV) to a point at Lot___ # _ (REV) ; thence continuing along a line curving to the right having a radius of two hundred twenty and 00 /100 (220.00) feet, a distance fifty -seven and 32/100 (57.32) feet to a point; thence continuing S 15 ° 3'26" W a distance of eighteen and 38/100 (18.38) feet to a point; thence continuing along a line curving to the left having a radius of two hundred eighty and 00 /100 (280.00) feet, a distance of fifty -two and 17/100 (52.17) feet to a point at Lot #8 (REV); thence continuing along Lot #8 (REV) along a line curving to the left having a radius of two hundred eighty and 00/100 (280.00) feet, a distance of forty -nine and 51/100 (49.51) feet to the point of beginning. II Beginning at a point on the Easterly side of Sovereign Way at the Northerly corner of the easement hereby conveyed, said point being the Southwesterly corner of Lot #4 (REV) and the Northwesterly corner of Lot #3 (REV), and thence running along a line curving to the right to an iron pipe to be set; thence continuing along a line curving to the right having a radius of eighty and 00 /100 (80.00) feet, a distance of fifty -one and 08/100 (51.08) feet to a concrete bound to be set; thence continuing along a line curving to the left having a radius of one hundred and 00/100 (100.00) feet, a distance of sixty -one and 88/100 (61.88) feet to a point on Sovereign Way; thence turning and running along a line curving to the right having a radius of two hundred twenty and 00 /100 (220.00) feet, a distance of two and 61/100 (02.61) feet to a point; thence continuing along a line curving to the right having a radius of two hundred twenty and 00/100 (220.00) feet a distance of seventy - seven and 27/100 (77.27) feet to a point; thence continuing N 15 ° 03'26" E, a distance of eighteen and 38/100 (18.38) feet to a point; thence continuing along a line curving to the left having a radius of two hundred eighty and 00 /100 (280.00) feet, a distance of sixty -three and 80/100 (63.80) feet to the point of beginning. With respect to said right and easements hereby conveyed, the Grantor, and the Grantee by its acceptance hereof, hereby for them and their successors and assigns hereby agree as follows: (a) The Grantor and his successors and assigns shall have the right to use and enjoy the foregoing right and easement for the purposes stated in common with the Grantee and others legally entitled thereto; (b) If in connection with the exercise of said right and easements either shall make any excavations in said portion the party so excavating will as soon as possible restore said portion and the surface thereof to their prior condition; (c) The easement shall terminate upon the approval and recording of a plan showing extension of Sovereign Way into Lot #15 as shown on Sheet 2, and the recording of a certificate by the Planning Board of the construction of such extension, all in accordance with Massachusetts General Laws Chapter 41A, § 81Q. (d) The foregoing rights and easements shall be exercisable only by the Grantor and Grantee and their respective successors and assigns and others to whom said rights and easements may be specifically assigned. B) Pipe Easements The Grantor also grants to the Grantee, the right and easement, to use in common with the Grantor and others from time to time entitled to use the same, those strips of land lying within the areas labelled "Pipe Ease" on a plan entitled "Definitive Subdivision Plan of Sovereign Meadows in Northampton, MA" dated January 31, 1995 by Lewis & Cook Surveyors, Inc., P.O. Box 1196, Belchertown, MA 01007, Sheet 1, recorded with said Deeds in Plan Book , Page , for underground drainage pipes or culverts, including the right to use said strips for the purpose of installing, maintaining, replacing, removing and using drainage pipes and related equipment, with the necessary manholes or conduits (all of which, drainage pipes and related equipment, and conduits shall remain the property of the entity installing the same). Said easements are bounded and described as follows: I Beginning at a point on the easterly side of Sovereign Way, said Sovereign Way also shown on said plan as Lot #14, at the Northwesterly corner of the easement hereby conveyed, said easement being located on Lot #13 and said beginning point being located a distance of ten and 09/100 (10.09) feet Southeasterly from the Northwesterly corner of Lot 13; thence running II S 05 ° 44'54" E a distance of twenty and 00 /100 (20.00) feet to a point; thence turning and running S 83 ° 58'09" W a distance of twenty and 00 /100 (20.00) feet to a point; thence turning and running N 05 ° 44'40" W a distance of twenty and 00 /100 (20.00) feet to a point; thence turning and running N 83 ° 58'09" E a distance of twenty and 00 /100 (20.00) feet to the point of beginning. Beginning at a concrete bound to be set on the Easterly side of said Sovereign Way, at the Northwesterly corner of the easement hereby conveyed, said easement being located on Lot #13, and thence running N 67 ° 24'16" E a distance of ten and 00 /100 (10.00) feet to a point; thence turning and running S 20 ° 32'02" E a distance of twenty and 01/100 (20.01) feet to a point, thence turning and running S 67 ° 24'16" W a distance of ten and 00 /100 (10.00) feet to a point on Sovereign Way; thence turning and running Northwesterly by Sovereign Way by a line curving to the left, twenty and 01 /100 (20.01) feet more or less to the place of beginning. III Beginning at a concrete bound to be set on the Westerly side of Sovereign Way at the Southerly corner of the easement hereby conveyed, said easement being located on Lot #12, and thence running N 41 ° 28'22" W a distance of twenty -seven and 34/100 (27.34) feet to a point; thence turning and running N 37 ° 34'17" E a distance of twenty -eight and 59/100 (28.59) feet to a point on the Westerly side of Sovereign Way; thence turning and running Southerly by Sovereign Way by a line curving to the right to the point of beginning. IV Beginning at a point on the Westerly side of Sovereign Way at the Northeasterly corner of the easement hereby conveyed, said easement being located on Lot # 12, thence turning and running S 67 ° 24'16" W a distance of ten and 00 /100 (10.00) feet to a point; thence turning and running S 21 ° 56'12" E a distance of twenty and 00/100 (20.00) feet to a point; thence turning and running N 67 ° 24'16" E a distance of ten and 00 /100 (10.00) feet to a point on the Westerly side of Sovereign Way; thence turning and running Northwesterly by Sovereign Way a distance of twenty and 00 /100 (20.00) feet, more or less, to the point of beginning. With respect to said right and easement hereby conveyed, the Grantor and the Grantee by its acceptance hereof for themselves and their respective successors and assigns hereby agree as follows: (a) The Grantor shall have the right to use and enjoy the foregoing right and easement for the purposes stated in common with the Grantee and others legally entitled thereto; (b) If in connection with the installation of pipes or otherwise any excavations are made in said strips the party making such excavation shall forthwith restore said strips and the surfaces thereof to their prior condition; (c) The foregoing right and easement shall be exercisable only by the Grantor and the Grantee and their respective successors and assigns and others to whom said right and easement may be specifically assigned. C) Water Line Easement The Grantor also grants to the Grantee, the right and easement, to use in common with the Grantor and others from time to time entitled to use the same, that strip of land lying within the area labelled "Water Line Easement Lines" on a plan entitled "Definitive Subdivision Plan of Sovereign Meadows in Northampton, MA" dated January 31, 1995 by Lewis & Cook Surveyors, Inc., P.O. Box 1196, Belchertown, MA 01007, Sheet 2 recorded with said Deeds in Plan Book , Page , for underground water lines, including the right to use said strip for the purpose of installing, maintaining, replacing, removing and using water mains and related equipment, with the necessary manholes or conduits (all of which, water mains and related equipment, and conduits shall remain the property of the entity installing the same). Said easement is bounded and described as follows: Beginning at an iron pipe to be set at the Northwesterly corner of the easement hereby conveyed, thence running N 82 ° 10'22" E three hundred forty -four and 63/100 (344.63) feet to an iron pipe; thence turning and running N 83 ° 57'03" E four hundred three and 82/100 (403.82) feet to an iron pipe to be set; thence turning and running S 04 ° 38'27" E sixty and 02/100 (60.02) feet to an iron pipe; thence turning and running S 83 ° 57'03" W four hundred thirty -nine and 32/100 (439.32) feet to an iron pipe; thence continuing S 83 ° 57'03" W three hundred three and 23/100 (303.23) feet to a point at Lot 15 as shown on said Plan; thence turning and running N 10 ° 59'11" W forty -nine and 50/100 (49.50) feet to the point of beginning. With respect to said right and easement hereby conveyed, the Grantor and the Grantee by its acceptance hereof for themselves and their respective successors and assigns hereby agree as follows: (a) The Grantor shall have the right to use and enjoy the foregoing right and easement in common with the Grantee and others legally entitled thereto; (b) If in connection with the installation of utilities or otherwise any excavations are made in said easement area, the party making such excavation shall forthwith restore said strip and the surface thereof to its prior condition; (c) The foregoing right and easement shall be exercisable only by the Grantor and the Grantee and their respective successors and assigns and others to whom said right and easement may be specifically assigned. Executed as a Sealed instrument this 1995. Todd G. Cellura THE COMMONWEALTH OF MASSACHUSETTS day of Hampshire, ss., ,1995 Then personally appeared the above -named Todd G. Cellura and acknowledged the foregoing instrument to be his free act and deed, before me, Notary Public - Roger P. Lipton My commission expires: 9 -12 -97 * ** * ** Commonwealth = of Massachusetts Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 & NORTHAMPTON WETLANDS PROTECTION ORDINANCE From Northampton Conservation Commission 310CMR10.99 Form 2 Todd Ceetuna, Sove & Ledeu DEP Re No. L246— (ro be provuded by DEP) City /Town Northampton Applicant . ovChapn. 13uLedeur s 6/2g/94 Date Request Fled Thomaus g IaMan Kaanda. Issuing Authority (Name of person making request) (Name of property owner) Address 772 Say Road, Se.echehtown 01007 Address 20 Gn,ove avenue, Leeds, MA 01053 ir This determination is issued and delivered as follows: D-- by hand delivery to person making request on (date) by certified mail, retum receipt requested on 71/ I (date) Pursuant to the authority of G.L. c. 131, §40, the Northamp Conservation Commi ssi on has considered your request for a Determination of Applicability and its supporting' documentation, and has made the following determination (check whichever is applicable): Location: Street Address (;le.,Athartptan Road LRZte 661, "Io/t ham! i-tvn, . Lot Number:. _. (MAP ID- 16 : 36 Lomas 1 ;. 2 , 3 • g 4 This D eterminations ositive• 1. b� The area described below, wnich i ncludes all /part of the area described in your request, is an Area Subject to Protection Under the Act. Therefore, any removing, filling, dredging or altering of that area requires the filing of a Notice of Intent. On4y the wet: Land delineation .cis being. q.ppizoved.aM petr, pfans_.dged 1/10094 2. -. C2 The work described below, which includes all /part of the work described in your request, is within an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area. There- fore, said work requires the filing of a Notice of Intent. Effective 11/10/89 2-1 this d • /1 /' 1 ` 3. The work described below, which includes all; part of the work described -in your reouest. is within the Buffer Zone as defined in the regulations. and will alter an Area Subject to Protection Under the Act. Therefore. said work requires the filing of a Notice of Intent. This Determination is negative: 1. C The area described in your request is not an Area Subject to Protection Under the Act. 2.. The work described in your 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 your 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 Mina of a Notice of Intent. 4. D - The area described in your request is Subject to Protection Under the Act, but 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: Issued by Northampton Conservation Commission Signature(s) This Determination must be signed by a majority of the Conservation Commission. 1°9 t before me On this / / day of ' 174 I personally appeared G - ' Afo to me known to be the person described in, and who executed, the foregoing instrument, and arajetat he!shb executed the same as his/her free act an NOTARY PUBLIC , / r TifY COMMISSION EXPIRES JAN. 18. 1984 r Notary Public My commission expires This Determination aoes not relieve tne applicant from complying with all other applicable federal. state or local statutes. ordinances, bylaws or regulations. This Determination shall be valid tor three years form the sate of Issuance The applicant, the owner. any person aggrieved by this Determination. any owner of Land abutting tne land upon which the proposed work is robe clone, or any ten resioents of tne city or town in whicn such land is located, are hereby notified of tneir right to reouest the Department of Environmental Protection to issue a Superseding Determination of Applicability, providing tne request Is made oy certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten oays from theaate of issuance of this Determination. A copy of tne request shall at the same time be sent by certified mail or nano delivery to the Conservation Commission and the applicant. 2 -2A 310 CMR 10.99 Form 1 Commonwealth of Massachusetts 40. __ file O. (To be provided by DIP) City /Toed: NORTHAMPTON Applicant: 93VEREICN BLURS Request for Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, s40 & Northampton Wetlands Protection Ordinance 1. I, the undersigned, hereby request that the NORTHAMPTON Conservation Commission make a determination as to whether the area, described below, or work to be performed on said area, also described below, is subject to the jurisdiction of the Wetlands Protection Act, G.L. c. 131, s. 2. The area is described as follows. (Use maps or plans, if necessary, to provide a description and the location of the area subject to this request.) Location: Westhampton Rdad (Rte 66), Northampton, MA Lot Numbers Assessors Map 36, Lots 1, 2, 3, & 4 See attached Locus Map and plans titled "Topographic and Wetland Delineation Plan in Northampton, MA for Todd Cellura ", dated 6/24/94, one sheet at 1" = 100' showing entire site, and one sheet at 1" = 60' showing wetland areas for review. The wetlands as shown on the plan Were flagged in early spring 1994 by Charles H. Dauchy. The purpose of this request is to obtain the Commission's official designation of the wetland boundaries under State and City jurisdiction. This will serve as a basis for further planning. We request that the Commission's determination specifically reference the plan with wetlands shown, after field review by the Commission and any required revisions. A positive determination as to the delineated wetlands is expected. 3. The work in said area is described below. (Use additional paper, if necessary, to describe the proposed work.) No work is specifically proposed at this time. The area is being planned for a residential subdivision. This determination will permit planning in compliance with wetlands regulations. It is recognized that any future work within 100 feet of the determined w etland resource areas will require filing with the Commission. 11/20/92 1 - 1 ij The owner(s) of the area, if not the person making request, has been given written notification of this request on 6 /,2,�f (date). The name(s) and address(es) of the owner(s): Thomas A Miranda & Lillian Miranda 20 Grove Avenue Leeds, MA 01060 5. I have filed a complete copy of this request With the appropriate regional office of the Massachusetts Department of Environmental Protection 7, /?'', (date). DEP Northeast Regional Office 10 Commerce Way Woburn, MA 01801 6. I understand that notification of this request will be placed in a local newspaper at my expense in accordance with Section 10.5(3)(b) 1 of the regulations by the Conservation Commission and that I will be billed accordingly. DEP Central Regional Office 75 Grove Street Worcester; MA 01605 Signature Sovereign Builders Address: 772 Bay Road Belchertowni MA 01007 11/20/92 1 -2 DEP Southeast Regional Office Lakeville Hospital Route 105 Lakeville, MA 02347 DEP Western Regional Office State House West; 4th Floor 436 Dwight Street Springfield, MA 01103 Name: Todd Cell u ra President Phone: (413) 256 -1886 We would appreciate an on -site review of the wetland boundary with the Commission or their staff prior to the public meeting on the matter. To schedule a review, please contact our consultant listed below. Also please provide copies of correspondence and notices to: Charles H. Dauchy Phone: (413) 548 -8005 Environmental Consultant 24 Old Long Plain Road, RPD #3 Amherst, MA 01002 -9519 310CMR10.99 Form 2 4-t Commonwealth of Massachusetts To ROY FANTI This determination is issued and delivered as follows: ❑ by hand delivery to person making request on by certified mail, retum receipt requested on Location: Street Address Effective 11/10/89 Westhampton Road 2 - 1 June 13, 1991 DEP File No. City/Town Applicant Fanti Date Request Fled 2/15/91 Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 & NORTHAMPTON WETLANDS PROTECTION ORDINANCE From Northampton Conservation Commission TH(MAS T (Name of person making request) (Name of property owner) 171 Atwater Road 335 South St. Address Springfield. MA AddressNcrt h. mntnn TRA 010A0 1. -246- (To be provided by DEP) Northampton Issuing Authority (date) (date) Pursuant to the authority of G.L. c. 131, §40, the Northampton Conservation Commi ssi nw has considered your request for a Determination of Applicability and its supporting documentation, and has made the following determination (check whichever is applicable): Lot Number: (MAP ID . 36 This Determination is ositiv 1. The area described below, which i ncludes all /part of the area described in your request, is an Area Subject to Protection Under the Act. Therefore, any removing, filling, dredging or altering of that area requires the filing of a Notice of Intent. More detailed wetland plans are required before the Corm fission can .determine wetland boundaries.. Submitted plan contains many inaccuracies. 2. M The work described below, which includes all /part of the work described in your request, is within an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area. There- fore. said work reauires the filing of a Notice of Intent. Any work within 100' of wetlands. 3. C The work described below, which includes all /part of the work described in your request, is within the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under the Act. Theretore, said work requires the filing of a Notice of intent. This Determination is negative: 1. ❑ The area described in your request is not an Area Subject to Protection Under the Act. 2. ❑ The work described in your 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 your 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. 4. ❑ The area described in your request is Subject to Protection Under the Act, but 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: Issued by Signature(s) Notary Public Northampton 2 -2A My commission expires Conservation Commission This Determination must be signed by a majority of the Conservation Commission. On this / 0 day of '(d C 1 � before me personally appeared D v 6 exoet aril , to me known to be the person described in, and who executed, the foregoing instrument, and acknowledged that he /shb executed the same as his /her free act and deed. YN M: FEIDEN ///' - 'NOTARY PUBLIC giOMMIIII0Mta mxplpcc IoM +a 10PR This Determination does not relieve the applicant from complying with all other applicable federal, state or local statutes. ordinances. by -taws or regulations. This Determination shall be valid tor three years form the date of issuance. The applicant, the owner. any person aggrieved by this Determination, any owner of land abutting the and 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 tneir right to request the Department . of Environmental Protection to issue a Superseding Determination of Applicability, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten 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 the applicant. From 310CMR10.99 Form 2 Commonwealth -+I of Massachusetts ry • Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 & NORTHAMPTON WETLANDS PROTECTION ORDINAlNCE Northampton Conservation Commission ROY FANTI THOMAS T TTRANDA, (Name of person making request) (Nae of property owner) 171 Atwater Road 335 South St. Address Springfield, MA AddressNnrt harmtnn 1°TA nh60 m This determination is issued and delivered as follows: by hand delivery to person making request on by certified mail, retum receipt requested on Effective 11/10/89 2 -1 June 13, 1991 DEP File No. City Town Applicant 1 246— (To be provided by OEP) Northampton Fanti Date Request Filed 2/15/91 Issuing Authority (date) (date) Pursuant to the authority of G.L c. 131, §40, the Northampton Conservation Commi ssi on has considered your request for a Determination of Applicability and its supporting documentation, and has made the following determination (check whichever is applicable): Location: Street Address Wes thampton Road Lot Number: (MAP ID. #) 36-241,242,243,244 This Determination is ositive: 1. a The area descnoedbelow, wnlch i ncludes all /part of the area described in your request, is an Area Subject to Protection Under the Act. Therefore, any removing, filling, dredging or altering of that- arearequires the filing ofa N`dtice of Intent. More detailed wetland nlaf?s`•are before,' then:Cor can determine wetland boundaries.. Submitted plan contains manor inaccuracies . 2. Xd The work described below, which includes all /part of the work described in your request, is within an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area. There- fore. said work reouires the filing of a Notice of Intent. Any work within 100' of wetlands. 3. 0 The work described below, which includes all/part of the work descnoed in your request, is within the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under the Act. Therefore, said work requires the filing of a Notice of Intent. This Determination is negative: 1 . 0 The area described in your request is not an Area Subject to Protection Under the Act. 2. J The work described in your 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 your 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. 4. The area described in your request is Subject to Protection Under the Act, but 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: issued by Signature(s) Northampton nrtC. i I/'�` / � , 1 /7, % v ~- U Conservation Commission This Determination must be signed by a majority of the Conservation Commission. On this /0 day of "'tow"( 19 07 before me personally appeared `.?f, 6, /, a eit to me known to be the person described in, and who executed, the foregoing instrument. and acknowledged that he!shb executed the same as his /her free act and deed. . - YN M: FEIDEN NOTARY PUBLIC CtOMMI•Iiit vvpleea IAPJ 1A 7QCR Notary Public My commission expires This Determination noes not relieve the applicant from complying with all other applicable federal. state or local statutes. ordinances. by -laws or regulations. This Determination shall be valid tor three years form the sate of issuance The applicant, the owner. any person aggrieved by this Determination, any. owner of land abutting me land upon which the proposed work K to be cone, or any ten resioents of the city or town in which such land is located, are nereoy notifiea of their ngnt to reauest the Department . of Environmental Protection to issue a Superseding Determination of Applicability, providing me reauest is mace oy certifiec matt or nand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten nays from the Cate of issuance of this Determination. A copy of tne reauest shall at tne same time be sent by certified matt or nano delivery to the Conservation Commission and the applicant. 2 -2A Mr. Robert J. Pascucci Secretary Northampton Conservation Commission Dear Mr. Pascucci, May 10, 1991 With reference to our telecom this date, 1 am writing, as requested by you, to have our petition for determination for the Miranda parcel on Westhampton Road that is now before the Conservation Commission be withdrawn without prejudice. Unfortunately, due to the reality of the economic slowdown, we will be unable to go forward with the development of this parcel for single family homes at this time. This tract was under option to us by the owner of record T. Miranda when we submitted the original request. As 1 understand it, he has also asked you to withdraw the petion without prejudice. Sincerely, to Roy Fanti RECEIVE M pY 15 199A Pi-P4444tr .;:.„.••,..•; • . 'fiSe Form 1 -a sleaum Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 1. 1, the undersigned, hereby request that the Northampton Conservation Commission make a determination as to whether the area, described below, or work to be performed on said area, also described below, is subject to the jurisdiction of the Wetlands Protection Act, G.L c. 131, §40. 2. The area is described as follows. (Use maps or plans, if necessary, to provide a description and the location of the area subject to this request.) Location: Street Address WPst - nn Rnaci Lot Number Please see attached wetland delineation plan by Heritage Surveys, Inc. 3. The work in said area is described below. (Use additional paper, if necessary, to Describe the proposed work.) • • • • No work is proposed at this time The purpose this • r' Request -is ..t:o. = achieve .agreement" on the`: -Location . resource areas •- on..tbe - .property.: 10:99:' Forms Commonwealth of Massachusetts 11/10/89 310 CMR: ( °AIiTMENT OF ENVIRONMENTAL PROTE( \N ©MOWS '.E #5 City "Town Appucan• Nor-- (To be provided by DEP) Nnrthampton Rny Fanti 310 CMR - 280.15 10.99: continued 310 CMR: L.c,,AARTMENT OF ENVIRONMENTAL PROTEC`\ ..y4 4. The owner(s) of the area, if not the person making this request, has been given written notification of this request on 04 February 1991 (date) • The name(s) and address(es) of the owner(s): Thomas Miranda, et al. 20 Grove St. Leeds, MA 01053 5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts • 04 Februay r 1991 Department of Environmental Protection (date) DEP Northeast Regional Office 5 Commonwealth Avenue Woburn, MA 01801 DEP Central Regional Office 75 Grove Street • Worcester, MA 01605 6. I understand that notification of this request will be placed in a local newspaper at my expense in accor- dance with Section 10.05(3) (b) 1 of the regulations by the Conservation Commission and that f will be billed accordingly. Address 171 Atwater Road 11/10/89 DEP Western Regional. Office State House West, 4th Floor '436 Dwight Street Springfield, 01103 Name DEP Southeast Regional Office Lakeville Hospital Route 105 Lakeville, MA 02347 Roy Fanti 310 CMR - 280.16 • / ti CHARLES H. DAUCHY, Environmental Consultant 24 Old Long Plain Rd. RFD #3, Amherst, MA 01002 Phone (413) 548 -8005, Fax 548 -9987 Northampton Conservation Commission City Hall 210 Main Street Northampton, MA 01060 Dear Commissioners: Sincere les H. Da iy enclosures: Re: Request for Certificate of Compliance DEP File #246 -370 Sovereign Meadows Subdivision cc: DEP, Western Regional Office. Sovereign Builders, 135 Southampton Road, Westhampton, MA 01027 June 20, 2000 JUN 2 1 2000 On behalf of the Sovereign Builders, I request issuance of a Certificate of Compliance for the subject project. Work has been completed in substantial compliance with the plans and order of conditions. An as -built plan is enclosed. The wetland replacement areas are well established with nearly 100% of the vegetative community consisting of indigenous wetland species. A recent vegetation inventory is attached. The replacement areas, as built, total 13056 sq. ft., well over the 9921 sq. ft. required. I trust this information will permit you to issue a Certificate of Compliance for the project. Thank you for your consideration of this information. Please call if you have further questions. scanned Digitized Checked Vegetation Inventory in Wetland Replacement Area Project: Date of Field Work: Soveriegn Meadows Subdivision 4/28/00 & 6/1/00 by Charles H. Dauchy TYPICAL PLANT SPECIES IN EASTERN WETLAND REPLACEMENT AREA occurrence* Mimulus ringens MONKEY - FLOWER,ALLEGHANY OBL 0 Onoclea sensibilis FERN,SENSITIVE FACW C Salix sp. WILLOW FACW C Juncus sp. RUSH C Typha latifolia CATTAIL,BROAD -LEAF OBL D Juncus effusus RUSH,SOFT FACW+ D Acer rubrum MAPLE,RED FAC 0 Spiraea latifolia MEADOW- SWEET,BROAD -LEAF FAC+ 0 Ilex verticillata WINTERBERRY,COMMON FACW+ 0 Phragmites australis REED,COMMON FACW 0 Thelypteris thelypteroides FERN,MARSH FACW+ 0 Sphagnum sp. MOSS, SPHAGNUM OBL 0 Phalaris arundinacea GRASS,REED CANARY FACW 0 Cornus amomum DOGWOOD,SILKY FACW 0 Carex x stipata SEDGE,STALK -GRAIN OBL 0 Eleocharis sp. SPIKERUSH 0 Viburnum recognitum ARROW -WOOD, NORTHERN FACW- 0 Carex stricta SEDGE,UPTIGHT OBL 0 Eupatorium perfoliatum BONESET,COMMON FACW+ 0 Osmunda cinnamomea FERN,CINNAMON FACW 0 TYPICAL PLANT SPECIES IN WESTERN WETLAND REPLACEMENT AREA occurrence* Salix sp. WILLOW FACW C Onoclea sensibilis FERN,SENSITIVE FACW C Carex lurida SEDGE OBL C Juncus effusus RUSH,SOFT FACW+ C Alnus incana (rugosa) ALDER,SPECKLED FACW+ C Typha latifolia CATTAIL,BROAD -LEAF OBL D Amelanchier canadensis SERVICE - BERRY,OBLONG -LEAF FAC o Acer rubrum MAPLE,RED FAC 0 Carex stricta SEDGE,UPTIGHT OBL 0 Verbena hastata VERVAIN,BLUE FACW+ 0 Aster novi - belgii ASTER,NEW YORK FACW+ 0 Thelypteris thelypteroides FERN,MARSH FACW+ 0 Ilex verticillata WINTERBERRY,COMMON FACW+ 0 Lycopus americanus BUGLEWEED,AMERICAN OBL 0 Cornus amomum DOGWOOD,SILKY FACW 0 Viburnum recognitum ARROW - WOOD,NORTHERN FACW- 0 Juncus RUSH 0 Spiraea latifolia MEADOW - SWEET,BROAD -LEAF FAC+ 0 Scirpus atrovirens BULRUSH,GREEN OBL 0 Rubus hispidus BLACKBERRY,BRISTLY FACW 0 Eleocharis tenuis SPIKERUSH,SLENDER FACW+ 0 Eupatorium perfoliatum BONESET,COMMON FACW+ 0 Osmunda cinnamomea FERN,CINNAMON FACW 0 *Occurrence: D= dominant , C= common, 0= occasional Note: The above is not an exhaustive inventory of species present, but is intended to provide an overall characterization of the vegetative community. Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. reb Upon completion of the work authorized in an Order of Conditions, the property owner must request a Certificate of Compliance from the issuing authority stating that the work or portion of the work has been satisfactorily completed. WPA Form BA Rev. 02/00 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8A - Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Project Information 1. This request is being made by: Sovereign Builders Name 135 Southampton Road Mailing Address Westhampton City/Town 413- 527 -8001 Phone Number This request is in reference to work regulated by a final Order of Conditions issued to: Sovereign Builders Applicant 4/26/95 Dated 3. The project site is located at: Sovereign Way, off Westhampton Road Street Address 36 MA State 246 -370 DEP File Number Northampton City/Town 241,242,243,244 Assessors Map /Plat Number Parcel /Lot Number 4. The final Order of Conditions was recorded at the Registry of Deeds for: Thomas A. & Lillian Miranda Property Owner (if different) Hampshire County Certificate (if registered land) 5. This request is for certification that (check one): 5335 Book DEP File Number: 246 -370 Provided by DEP 01027 Zip Code 276 Page ® the work regulated by the above - referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above - referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). ❑ the above - referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated- b-y -it was Page 1 of 2 WPA Form 8A Rev. 02/00 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8A - Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ® Yes ❑ No DEP File Number: 246 -370 Provided by DEP If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see Appendix A). Page 2 of 2 :April 1,1, 1995 4:31 PM Page 1 of 3 P. B. Hatch 57 Munn Road, Monson, Massachusetts 01057 Mr. George Andrikidis Departirient of Public Works 125 Locus Street Northampton, MA 01060 Dear Mr. Andrikidis: 24724005 Consulting Engineer (413- 267 -3696) April 11, 1995 Re: Definitive Subdivision Plans Sovereign Meadows Settling Basin Maintenance Please refer to our letter of April 5 regarding the Sovereign Meadows definitive subdivision plans. Additional maintenance of the drainage system is proposed and attached herewith.. The additional maintenance ofthe drainage system provides for the monitoring and cleaning of the three (3) settling basins located at the outfall of the road drain system and located on lots #12 and 1413. The proposed maintenance plan shall require the observation of a staff gauge placed in each of the three settling basins. The staff gauge shall be located at the approximate center of the basin. The staff gauge shall be a 4" dia. concrete filled steel pipe placed to a depth of no less than four feet below the bottom surface of the basin at the time of construction of the basin. The pipe shall project above the basin a total of 3 ft., the top of the pipe to be set level with the overflow level of the completed stone settling basin. If you have any comments regarding the proposed maintenance plan, please call us. Sincerely, Paul B. Hatch, PE Aprld 1 a. , f yo 4:.51 rfvc rage tor P. B. Hatch Consuftinc Engineer calculations REQUIRED CAPACITY OF SETTLING BASIN 1. Settling basin at MII 454: a. The storinwater management drainage system includes provisions for detaining a 4/10 inch rani storm for six hours on site. The volume of runoff for the 4/10 inch storm event is less than 0.01 AF (acre -feet) for the planned developed area of 14.1 acres discharging to MH 454 and the 60' x 12' stone settling basin on lot #13 (for discussion and calculation of runoff quantity refer to design manual Sec B, page iii). Accordingly, the design capacity of stone basin has been calculated at 0.01 AF (436 cu. ft.). b. Depth required: (436 eu.ft.) /(60'x12') = 0.61 ft. c. Depth available = 3', provide FS = 2, therefore, minimum depth to be maintained is 2 x 0.61 ft. = 1.221f call 1.5ft. 2. Settling basins at catchbasins sta 2 +14: a. Similar to calculation for 4/10 storm event for MH 454, volume of runoff for the 4/10 inch storm event used is 436 cu.ft. b. Depth required: (436 cu.ft.) /(2x40'x10') = 0.55 ft. c. Depth available = 3', provide FS = 2, therefore, minimum depth to be maintained is 2x0.55 ft.= 1.10 ft., call 1.5 ft. Apt ii 1 4:,5 i rivi image or MAINTENANCE PROGRAM FOR SETTLING BASIN The maintenance program for the three (3) storinwater drainage settling basins consists of three components: 1. Inspection 2. Removal of accumulated debris 3. Disposal of accumulated debris 1. Inspection The president of the Sovereign Meadows Horne Owners Association shall be responsible for periodic inspection of the three settling basins. Periodic inspection shall as a minimum include walking across the length of each of the settling basins, noting the depth of accumulated debris as observed on the petrnanent steel pipe placed in the settling basin and recording depth observed in.the minutes of the next scheduled meeting of the Home Owners Association. Observation of depth of accumulated debris shall be determined by measuring down from the top of the steel pipe. Periodic inspections shall be conducted as a minimum once every ninety days. 2. Removal of accumulated debris As determined from inspection of the settling basin and confirmed by the depth of debris in the basin the debris collected must be removed. Removal of accumulated debris shall be conducted by the Home Owners Association and as required whenever the measured depth of the basin as determined by measuring down from the top of the steel pipe installed at time of construction is less than one and one half feet (1 foot - 6 inches). Debris shall be removed by spade shovel manually: Excavated debris shall be placed in rubber tired hand carts (manpower) off the stone lined settling basin to a receiving vehicle. Debris need not be removed to stone base of settling basin, however, debris removal should provide for a minimum of two feet (2 feet) depth. 3. Disposal of debris Debris removed from the settling basins shall be disposed of as a hazardous material in accordance with Massachusetts general laws chapter 21E as promulgated under Regulation 310 CMR 40.0000. The disposal under 310 CMR 40.0000 shall be under a Bill of Lading (BWSC -012). Cost of offsite disposal under a Bill of Lading shall be paid by the Home Owners Association. q5- sf CITY OF NORTHAMPTON KS SPECIAL PERMIT AND SITE PLAN APF.L1.N2 ON, M OFFICE 0' 060 1. PERMIT AUTHORITY(IES): ZBA Planning Board Council 2. Applicant's Name: Sovereign Builders (Todd Cellura) Address: 772 Bay Road, Belchertown, MA 01007 Telephone: 413-256-4886 3. Property Owner: Thomas & Lillian Miranda Address: 20 Grove Avenue, Leeds 4. Status of Applicant:Owner Contract Purchaser X Lessee Other (explain) 241, 242 5. Parcel Identification: Zoning Map # 36 Parcel 243, Zoning District: SR Street Address: Westhampton Road 244 6. Special Permit requested under Zoning Ordinance Section 7. Site Plan is for:Intermediate Project X or Major Project None (only for a Sign) 10. Site Plan, with any requests for waivers, must be attached. 11. Certified Abutters List from Assessors' Office must be attached. Date: 1 Applicant's Signature: 6 -- _4i (memorex \wp \forms \siteplan.pb 4/2/93) FEB CEgVE 1 3 1995 Telephone: 413- 584 -9502 6 13,Pg 6 -15 8. Narrative Description of the Proposed Project (Use additional sheets if necessary): a single family residence subdivision to be constructed off of Westhampton Road to contain 5 lots conforming to zoning regulations 6.13 pertaining to flag lots listed as lots 4, 5, 6, 8, 10 on a plan called Sovereign Meadows submitted by Sovereign Builders for subdivision approval. How does project comply with Special. Permit criteria: (See Applicant's Guide for criteria -use additional sheets is necessary) See attached sheet 12. I certify that I have read the permit criteria and that the information contained herein is true and accurate to the best; of my knowledge. I (or the landowner if I am not the landowner) grant the Zoning Board and Planning Board permission to enter the property to review this application. 5-sto-7 SITE PLAN REQUIREMENTS -- OPTIONAL REQUE The application MUST include a site plan and documenta information. Upon written request, the Planning Board may waive the submission o any of the required information, provided that the Applicant provides some written information on each of the items and explains why a waiver is appropriate. For each, requested waiver circle the item number and fill in the reason for your request in the space provided. Use additional sheets if necessary. See the Zoning Ordinance for all site plan requirements. B. Site plan(s) at a scale of 1" = 40' showing B -1. Name and address of the owner and the developer, name of the project, date and scale of plans; B -2. Location and boundaries of the lot, adjacent streets or ways, location and owners names of all adjacent properties and those within 300 feet of the property line, and all zoning district boundaries; B -3. Existing and proposed buildings, setbacks from property lines, building elevations, and all exterior entrances and exits (elevation plans of all exterior facades structures are encouraged); B -4. Present & proposed use of the land and buildings; B -5. Existing and proposed topography at two foot contour intervals, showing wetlands, streams, surface water bodies, drainage swales, floodplains, and unique natural land features (for intermediate projects the permit granting authority may accept generalized topography instead of requiring contour lines); B -6. Location of parking & loading areas, public & private ways, driveways, walkways, access & egress points, proposed surfacing; B -7, Location and description of all stormwater drainage facilities, (including applicable calculations and drainage public & private utilities, sewage disposal facilities, and water supply; B -8. Existing & proposed landscaping, trees and plantings (size & type of plantings), • stone walls, buffers, and fencing; B -9. Location, dimensions, height, color, illumination of existing and proposed signs; Provisions for refuse removal, with 'facilities for screening of refuse when appropriate; 1:)c) e ?j o a�� f•� B -11 An erosion control plan (for major projects only) and other measures taken to 9. E) A) The proposed use is for single family dwellings. The large size of the lots offsets the need for sound and sight buffers. The soil conditions at the site are among the best suited for rapid drainage of surface water. All Tots have better than 2 min /inc soil conditions. B) The proposed driveways are shown and in no way would interfere with traffic or create a hazard of any type. The sites will be accessible to emergency vehicles. C) The purpose of these flag lots is to preserve distances between the homes and will enhance the open space and distances between structures. D) Calculations submitted as part of the definitive subdivision plan for Sovereign Meadows show that impacts on water, air and schools would be negligible. F) The use will not unduly impair integrity of character of the district but will enhance the integrity of the district's character. These proposed flag Tots will not in any way be detrimental to the health, morals or general welfare of the area. FEB 1 3 1995 TY L! RK OFO NOR , MA PI 0106 October 7, 1994 10 -5 G,' A. The requested use protects adjoinir r st � P � �f`C��KS �1�ph�7� seriously detrimental uses. If app •ictsibt Amitf'o1, ItA 9 l include provision for surface Ovate_ d_a1 ngr s�= sight buffers and preservation of views, light, and air; and 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. 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 proisions for persons with disabilities; and 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; and D. 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. E. The requested use meets any special regulations set forth in the Zoning Ordinance. S • C'e� :mil e y. _•2� ^ aiU�,L C_ In 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 use shall be in harmony with the general purpose and intent of the Ordinance; and ..4; G. planning objectives to the extent possible and will not If applicable, the requested use will promote City adversely effect those objectives, as defined in City master or study plans adopted under M.G.L. Chapter 41, Section 81 -C and D. (Amended 6/17/93) 4. The special permit granting authority shall also impose, in addition to any applicable conditions specified in this Ordinance, such additional conditions as it finds reasonable appropriate to safeguard the neighborhood or otherwise serve the purposes of this Ordinance, including, but not limited to, the following: front, side or rear yards greater than the minimum required by this _Ordinance; screening buffers or planting strips, fences, 'or walls,'as specified by the special permit granting authority; modification .of the exterior appearance of the structures; limitation upon the size; number of occupants-,:—method and time of operation, time duration of Date Filed Lot size Frontage. Floor Area Ratio %Open Space (Lot area minus building and parking) Parking Spaces Loading Signs Fill (volume & location) 6. Narrative. Description if necesary) gna r- zy Building I ctor NOR AMP:r CITY CLERKS OFFICE A 01060 ZONING PERMIT APPLICATION (510. 1. Name of Applicant: Address: 917 2_ 2. Owner of Property: 71,10«...4 c J 14a., M 1 r'a v� G Address: *0 O t A�elci,t L�,�,rJ Telephone: oioS3 3. Status of Applicant: Owner X Contract Purchaser Lessee Other (explain 4. Parcel Identification: Zoning Map Sheet# D Parcel#` a r-ll Zoning District(s) (inclu . ov rlam ) 1Z/ 'C Street Address - taj 5.. Existing • Use of Structure /Property (if project is only'interior work, skip to #6) Building height %Bldg.Coverage (Footprint) Setbacks - front - side L. R: L: R: - rear • THIS SECTION FOR OFFICIAL USE ONLY: pproved as presented /based on information presented Denied as presented -- Reason: pecial'Permit and /or Site Plan Required: 5,2_ c i ing :ice i ed: Variance Required: e(1v ck w►t 1,1 Telephone: ECEOVE FEB 1 3 1995 Ir set/ - '/S'&2 Required Proposed by Zoning • of ,Proposed Work /Project: .(Use additional sheet ref f , )C7 CC Ilac, kG S Q t ic- 015 So k)--U t Cc.- o w S _ o S as -tom c. — lit' 7. Attached Plans: l ketch Plan 1: Site Plan . 8. Certification: I hereby certify that the information contained herein is true and accurate to the best of my knowledge.' Date: 2 / 4 5 C . Applicantrs Signature: 4 NOTE: Issuance of a zoning permit does not rcfiaVc an applicant's burden to comply with all zoning requirements and obtain alt required ponnfts from the Board of Health, Conservation Commission, Department of Public Works and other applicable permit granting authoritIos. P. Be Hatch Consulting Engineers 57 Munn Road, Monson, MA, 413- 267 -3696 F1LLD BORING LOG Job No.: 247 CONTRACTOR: SEABOARD METHOD: Drive spoon GROUND ELEV. LOGGED BY: Frank L. SAMPLE NO. DEPTH (ft.) BLOWS PER 6 inches PROJECT NAME: Soverign DRILLER: CASING SIZE: none SCREEN LENGTH: none ft. CASING LENGTH: none ft. Meadows, N'ampton STARTED: 1/31/95 FIELD SCREEN: N/A WATER @ 2.5 ft. PEN REC BORING No.: 1 PAGE 1 OF 1 COMPLETED: 1/31/95 PROTECTION LEVEL: NONE TOTAL DEPTH: 6 ft. DESCRIPTION SURFACE 1 2 3 Location 24723906 0 -2 2 -4 40 -60 3,2,2,3 14/24 8, ?, ?,? 20/24 7,8,8,11 24/24 f borehole. Road center/, PROPORTION PERCENTAGES Trace 0 to 10% Some 10% to 40% And 40% to 50% e sta 1 pasture grasses brown fine sand, trace silt brown fine sand, some silt, water at 30" gray to brown fine sand, trace silt 80 (150' from streetline) The terms and percentages used to describe soil and rock are based on visual identification of the retrieved samples. Moisture content may be affected by time of year and water added during drilling process. Water levels indicated may vary with seasonal fluctuations and degree of soil saturation when the drilling was conducted. The stratification lines represent the approximate boundaries between soil tvoes, actual transitions may be Gradual. P . B. Hatch Consulting Engineers 57 Munn Road, Monson, MA, 413 - 267 -3696 FIELD BORING LOG Job No.: 247 CONTRACTOR: SEABOARD METHOD: Drive spoon GROUND ELEV. LOGGED BY: Frank L. SAMPLE NO. 0 DEPTH (ft.) BLOWS PER 6 inches PROJECT NAME: Soverign Meadows, N'ampton DRILLER: STARTED: 1/31/95 CASING SIZE: none FIELD SCREEN: N/A SCREEN LENGTH: none ft. WATER @ 2.5 ft. CASING LENGTH: none ft. PEN REC DESCRIPTION BORING No.: 2 i SURFACE 1 0 -2 2 2 -4 3 40 -60 Location f borehole. Road center! a sta 1 (100' from streetline) 24723907 PROPORTION PERCENTAGES Trace 0 to 10% Some 10% to 40% And 40% to 50% 10,3,3,3 18/24 4,8,8,12 16/24 15,15,17,19 24/24 PAGE 1 OF 1 COMPLETED: 1/31/95 PROTECTION LEVEL: NONE TOTAL DEPTH: 6 ft. pasture grasses brown fine sand, trace silt brown grave/, medium to fine sand, trace silt, water at 30" gray brown, fince to course sand, trace silt The terms and percentages used to describe soil and rock are based on visual identification of the retrieved samples. Moisture content may be affected by time of year and water added during drilling process. Water levels indicated may vary with seasonal fluctuations and degree of soil saturation when the drilling was conducted. The stratification lines represent the approximate boundaries between soil types, actual transitions may be gradual. P. B. Hatch Consulting Engineers FIELD BORING LOG 57 Munn Road, Monson, MA, 413- 267 -3696 Job No.: 247 CONTRACTOR: SEABOARD METHOD: Drive spoon GROUND ELEV. LOGGED BY: Frank L. SAMPLE NO. DEPTH (ft.) 0 BLOWS PER 6 inches PROJECT NAME: Soverign Meadows, N'ampton DRILLER: STARTED: 1/31/95 CASING SIZE: none FIELD SCREEN: N/A SCREEN LENGTH: none ft. WATER @ 3.5 ft. CASING LENGTH: none ft. PEN REC BORING No.: 3 PAGE 1OF1 COMPLETED: 1/31/95 PROTECTION LEVEL: NONE TOTAL DEPTH: 6 ft. DESCRIPTION SURFACE 1 2 3 0 -2 2 -4 40 -60 6,2,2,4 6,8,11,9 7,9,11,8 Location f borehole. Road center/ a sta 0 -30 (@ streetline) 24723908 PROPORTION PERCENTAGES Trace 0 to 10% Some 10% to 40% And 40% to 50% 18/24 24/24 pasture grasses gray brown very fine sand and silt, trace clay gray brown fine sand with fine silt layers, water at 3.5' gray brown fine to medium sand trace silt The terms and percentages used to describe soil and rock are based on visual identification of the retrieved samples. Moisture content may be affected by time of year and water added during drilling process. Water levels indicated may vary with seasonal fluctuations and degree of soil saturation when the drilling was conducted. The stratification lines represent the approximate boundaries between soil tvoes, actual transitions may be gradual. P . B. Hatch Consulting Engineers 57 Munn Road, Monson, MA, 413 - 267 -3696 FIELD BORING LOG Job No.: 247 CONTRACTOR: SEABOARD METHOD: Drive spoon GROUND ELEV. LOGGED BY: Frank L. SAMPLE NO. DEPTH (ft.) 0 BLOWS PER 6 inches PROJECT NAME: Soverign Meadows, N'ampton DRILLER: STARTED: 1/31/95 CASING SIZE: none FIELD SCREEN: N/A SCREEN LENGTH: none ft. WATER @ 4.0 ft. CASING LENGTH: none ft. PEN REC P'7 DESCRIPTION BORING No.: 4 PAGE 1 OF 1 COMPLETED: 1/31/95 PROTECTION LEVEL: NONE TOTAL DEPTH: 6 ft. SURFACE 1 2 3 24723909 0 -2 2 -4 40 -60 7,2,2,1 3,4,4,7 11,9,11,10 14/24 24/24 24/24 Location f borehole. Road center/ a sta 1 + 30 (100' from streetline), 64' left PROPORTION PERCENTAGES Trace 0 to 10% Some 10% to 40% And 40% to 50% pasture grasses gray brown very fine sand and silt, trace clay gray brown fine to medium sand trace silt gray brown, fine to course sand, trace silt, water @ 4' The terms and percentages used to describe soil and rock are based on visual identification of the retrieved samples. Moisture content may be affected by time of year and water added during drilling process. Water levels indicated may vary with seasonal fluctuations and degree of soil saturation when the drilling was conducted. The stratification lines represent the approximate boundaries between soil Noes, actual transitions may be gradual. P. P. Hatch Consulting Engineers F IELD BORING LOG 57 Munn Road, Monson, MA, 413 - 267 -3696 Job No.: 247 CONTRACTOR: SEABOARD METHOD: Drive spoon GROUND ELEV. LOGGED BY: Frank L. SAMPLE NO. DEPTH (ft.) 0 BLOWS PER 6 inches PROJECT NAME: Soverign Meadows, N'ampton DRILLER: STARTED: 1/31/95 CASING SIZE: none FIELD SCREEN: N/A SCREEN LENGTH: none ft. WATER @ 2.5 ft. CASING LENGTH: none ft. PEN REC BORING No.: 5 PAGE 1 OF 1 COMPLETED: 1/31/95 PROTECTION LEVEL: NONE TOTAL DEPTH: 6 ft. DESCRIPTION SURFACE 1 2 L L 3 24723910 0 -2 2 -4 40 -60 6,2,2,2 8,8,9,12 8,8,10,9 Location of borehole. Road center/ a sta 1— 30 (100' from streetline), 50' right PROPORTION PERCENTAGES Trace 0 to 10% Some 10% to 40% And 40% to 50% 18/24 24/24 pasture grasses brown fine sand some silt gray fine to medium sand, trace silt, water @ 2.5 gray fine sand,little silt The terms and percentages used to describe soil and rock are based on visual identification of the retrieved samples. Moisture content may be affected by time of year and water added during drilling process. Water levels indicated may vary with seasonal fluctuations and degree of soil saturation when the drilling was conducted. The stratification lines represent the approximate boundaries between soil Noes. actual transitions may be gradual. P. B. Hatch Consulting Engineers 57 Munn Road, Monson, MA, 413 - 267 -3696 FIELD BORING LOG Job No.: 247 CONTRACTOR: SEABOARD METHOD: Drive spoon GROUND ELEV. LOGGED BY: Frank L. SAMPLE NO. 0 DEPTH (ft.) BLOWS PER 6 inches PROJECT NAME: Soverign Meadows, N'ampton DRILLER: STARTED: 1/31/95 CASING SIZE: none FIELD SCREEN: N/A SCREEN LENGTH: none ft. WATER @ 4 ft. CASING LENGTH: none ft. PEN REC DESCRIPTION BORING No.: 6 PAGE 1 OF 1 COMPLETED: 1/31/95 PROTECTION LEVEL: NONE TOTAL DEPTH: 6 ft. SURFACE 1 2 3 24723911 0 -2 2 -4 PROPORTION PERCENTAGES Trace 0 to 10% Some 10% to 40% And 40% to 50% 9,2,2,4 20/24 7,14,17,17 18/24 40 -60 12,12,14,10 Location f borehole. Road center/ a sta 5 -00 (470' from streetline) edge of woodland, end of crop field, stubble grass (fallow) brown fine sand, some silt, moist brown fine sand, some silt brown fine sand trace silt, water @ 4.0 The terms and percentages used to describe soil and rock are based on visual identification of the retrieved samples. Moisture content may be affected by time of year and water added during drilling process. Water levels indicated may vary with seasonal fluctuations and degree of soil saturation when the drilling was conducted. The stratification lines represent the approximate boundaries between soil types, actual transitions may be gradual. r P. B. Hatch Consulting Engineers FIELD BORING LOG 57 Munn Road, Monson, MA, 413- 267 -3696 Job No.: 247 CONTRACTOR: SEABOARD METHOD: Drive spoon GROUND ELEV. LOGGED BY: Frank L. SAMPLE NO. DEPTH (ft.) BLOWS PER 6 inches PROJECT NAME: Soverign Meadows, N'ampton DRILLER: STARTED: 1/31/95 CASING SIZE: none FIELD SCREEN: N/A SCREEN LENGTH: none ft. WATER @ 2.5 ft. CASING LENGTH: none ft. PEN REC BORING No.: 7 PAGE 1 OF1 COMPLETED: 1/31/95 PROTECTION LEVEL: NONE TOTAL DEPTH: 6 ft. DESCRIPTION SURFACE 1 2 3 24723911 0 -2 2 -4 40 -60 6,2,3,3 4,4,4,7 5,6,6,10 Location f borehole. Road center/ a sta 6— 80 (650' from streetline) PROPORTION PERCENTAGES Trace 0 to 10% Some 10% to 40% And 40% to 50% 12/24 20/24 21/24 fallow field with vegetable plant residue brown fine sand, trace silt, moist gray brown fine sand, little silt, water @ 2.5 gray fine sand some silt 0 " -17', 17 " -20" frown fince to course sand The terms and percentages used to describe soil and rock are based on visual identification of the retrieved samples. Moisture content may be affected by time of year and water added during drilling process. Water levels indicated may vary with seasonal fluctuations and degree of soil saturation when the drilling was conducted. The stratification lines represent the approximate boundaries between soil Noes. actual transitions may be gradual. P. B. Hatch Consulting Engineers 57 Munn Road, Monson, MA, 413 - 267 -3696 FIELD BORING LOG Job No.: 247 CONTRACTOR: SEABOARD METHOD: Drive spoon GROUND ELEV. LOGGED BY: Frank L. SAMPLE NO. DEPTH (ft.) BLOWS PER 6 inches PROJECT NAME: Soverign Meadows, N'ampton DRILLER: STARTED: 1/31/95 CASING SIZE: none FIELD SCREEN: N/A SCREEN LENGTH: none ft. WATER 2.5 ft. CASING LENGTH: none ft. PEN REC BORING No.: 8 PAGE 1 OF 1 COMPLETED: 1/31/95 PROTECTION LEVEL: NONE TOTAL DEPTH: 6 ft. DESCRIPTION SURFACE 1 2 3 24723913 0 -2 2 -4 40 -60 5,3,3,2 3,4,4,7 7,6,6,9 16/24 20/24 24/ 24 fallow field with vegetab /e p /ant residue dark brown fine sand, some silt brown fine to course sand, water @ 2.5 brown fine sand, some silt Location f borehole. Road center/ a sta 8 -30 (800' from streetline) PROPORTION PERCENTAGES Trace 0 to 10% Some 10% to 40% And 40% to 50% The terms and percentages used to describe soil and rock are based on visual identification of the retrieved samples. Moisture content may be affected by time of year and water added during drilling process. Water levels indicated may vary with seasonal fluctuations and degree of soil saturation when the drilling was conducted. The stratification lines represent the approximate boundaries between soil tvoes. actual transitions may be Gradual. ( --- I 1 SURFACE P. B. Hatch Consulting Engineers FIELD BORING LOG 57 Munn Road, Monson, MA, 413 - 267 -3696 Job No.: 247 CONTRACTOR: SEABOARD METHOD: Drive spoon GROUND ELEV. LOGGED BY: Frank L. SAMPLE NO. DEPTH (ft.) 0 BLOWS PER 6 inches PROJECT NAME: Soverign Meadows, N'ampton DRILLER: STARTED: 1/31/95 CASING SIZE: none FIELD SCREEN: N/A SCREEN LENGTH: none ft. WATER none @ 6ft CASING LENGTH: none ft. PEN REC DESCRIPTION BORING No.: PAGE 1 OF 1 COMPLETED: 1/31/95 PROTECTION LEVEL: NONE TOTAL DEPTH: 6 ft. 1 0 - 2 9,3,3,3 2 2 - 4 6,7,7,8 3 40 -60 7,8,10,8 Location 24723914 f borehole. Road centerline sta 1 PROPORTION PERCENTAGES Trace 0 to 10% Some 10% to 40% And 40% to 50% 14/24 20/24 24/24 fallow field with vegetable plant residue brown fine sand some silt, trace gravel light brown fine sand, trace silt light brown fine sand, trace silt, dry 30 (1000' from streetline) The terms and percentages used to describe soil and rock are based on visual identification of the retrieved samples. Moisture content may be affected by time of year and water added during drilling process. Water levels indicated may vary with seasonal fluctuations and degree of soil saturation when the drilling was conducted. The stratification lines represent the approximate boundaries between soil tvnes actual transitions may be aradual. P, B. Hatch Consulting Engineers FIELD BORING LOG 57 Munn Road, Monson, MA, 413 - 267 -3696 Job No.: 247 CONTRACTOR: C. Dauchy METHOD: hand auger GROUND ELEV. LOGGED BY: Dauchy SAMPLE NO. DEPTH (ft.) BLOWS PER 6 inches P° PROJECT NAME: Soverign Meadows, N'ampton DRILLER: C. Dauchy STARTED: 1/31/95 CASING SIZE: none FIELD SCREEN: N/A SCREEN LENGTH: none ft. WATER @0.25 . CASING LENGTH: none ft. PEN REC DESCRIPTION SURFACE 24723904 0- 1.17 1.17 -2 2 -2.67 2.67 - 4.5 4.5 - 5 PROPORTION PERCENTAGES Trace 0 to 10% Some 10% to 40% And 40% to 50% 0 14" 10" 8 " 22" 6" Location of auger ho : Road centeNine sta typical various wetland grass 33 (200' from streetline) BORING No.: 10 PAGE 1 OF 1 COMPLETED: 1/31/95 PROTECTION LEVEL: NONE I TOTAL DEPTH: 5 ft. loose fine sand topsoil with depositional /ayers including wood fragments loose sand to loose fine sand with depositional layers of more or less average constant, dark color, water seep at 14" medium to course sand silt and very fine sand silt, very fine sand, trace clay The terms and percentages used to describe soil and rock are based on visual identification of the retrieved samples. Moisture content may be affected by time of year and water added during drilling process. Water levels indicated may vary with seasonal fluctuations and degree of soil saturation when the drilling was conducted. The stratification lines represent the approximate boundaries between coil tvnps artilal transitions may ha ararhial. P. B. Hatch Consulting Engineers FIELD BORING LOG 57 Munn Road, Monson, MA, 413 - 267 -3696 Job No.: 247 CONTRACTOR: C. Dauchy METHOD: hand auger GROUND ELEV. LOGGED BY: Dauchy SAMPLE NO. DEPTH (ft.) BLOWS PER 6 inches te PROJECT NAME: Soverign Meadows, N'ampton DRILLER: C. Dauchy STARTED: 1/31/95 CASING SIZE: none FIELD SCREEN: N/A SCREEN LENGTH: none ft. WATER @0.25 . CASING LENGTH: none ft. BORING No.: 11 PAGE 1 OF 1 COMPLETED: 1/31/95 PROTECTION LEVEL: NONE TOTAL DEPTH: 5 ft. PEN REC DESCRIPTION SURFACE 24723905 0 -0.33 0.33 -2 2 - 4.83 - 4.83 - 5.5 0 4" 20" 34" 8" clayey silt Location of auger ho : Road centerline sta +83 (250 from streetllne) typical various wetland grass loose fine sand topso /l loose sand to loose fine sand with deep layers of more or less organic very fine sand, trace clay 310CMR 10.99 Form 5 Commonwealth of Massachusetts From Northampton Conservation Thomas A. & Lillian Miranda Name of property owner 20 Grove Avenue, Leeds, MA Address Commission [ ] [ ] This Order is issued and delivered Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 and the Northampton Wetlands Protection Ordinance as follows: [ by certified mail, return receipt requested on /491 This project is located in Northampton at: Westhampton Road, Route 66 The property is recorded at the Registry of Hampshire County Book 2259 Page 350 Certificate (if registered) N/A The Notice of Intent for this project was filed on 2/14/95 (date) The public hearing was closed on March 13, 1995 Findings: The Northampton Conservation Commission as reviewed the above - referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the Conservation Commission at this time, the Commission has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act (check as appropriate): ] Public water supply [X] Flood Control Private water supply Ground water supply Total Filing Fee City Share $ 500. + 35. Total Refund Due $ City Portion $ (1/2 total) DEP File No. City /Town Northampton Applicant SOVEREIGN BUILDERS Map 1 36 - Parcels 1 241, 242, 243, Issuing Authority To: Sovereign Builders Name of Applicant 246 - ,3,70 (To be provided by DEP) 244 772 Bay Road, Belchertown, MA 01007 Address [X] Storm damage prevention [X] Prevention of pollution Submitted $ $975. + $35. (City fee) State Share $475.00 (1/2 fee in excess of $25) [ [ ] State Portion $ (1/2 total) page 5- t__ \_wp \_cbnscom \.order. cc ) (date) [ ] Land containing shellfish Fisheries Protection of Wildlife Habitat Therefore, the Northampton Conservation Commission hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those interests checked above. The Conservation Commission orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditions 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by -laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act; or (b) the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited t� lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. The applicant is prohibited from using demolition materials, asphalt, large chunks of concrete, tree stumps and limbs, and general refuse; 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings, before the Department have been completed. 8. No work shall be undertaken until the Final order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of,recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be proposed work is to be done. The recording information shall be submitted to the Commission on the form at the end of this Order prior to commencement of the work. The Commission usually will record the Order in the Registry of Deeds. It is the applicant's responsibility to insure the Order is properly recorded. page 5 -2 ( memorex \.wp \conscom \or -der.cc) PLANS TITLE 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the works, "Massachusetts Department of Environmental Protection, File Number 246 - 370 ". 10. Where the Department of Environmental Protection is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 11. Upon completion of the work described herein, the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12. The work shall conform to the following plans and special conditions: DATED SIGNED & STAMPED BY: General Details - Definitive Subdivision Plan, Sovereign Meadows, Northampton, MA prepared for Sovereign Builders by P.B. Hatch, Consulting Engineers, #C -3 revisions 2/28/95. Site Plan - Definitive Subdivision Plan, Sovereign Meadows, Northampton, MA prepared for Sovereign Builders by P.B. Hatch, Consulting Engineers, #C -4 revisions 2/28/95 and 3/13/95. All Plans on File with Northampton Conservation Commission Special Conditions: - 13. The applicant shall notify the Commission, in writing, as to the date that the work will be commencing on the project. Said notification must be received by the Commission no sooner than (10) days and no later than five (5) days prior to the commencement of the approved activity; 14. No area within the 100 year floodplain, any wetland, or area within 100 feet of a wetland or 40 feet of a 100 year floodplain, as defined in 310 CMR 10, and City of Northampton Ordinances - Chapter 24, shall be permissible disposal sites, unless such areas are specifically approved by the Commission; 15. Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; 16. Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas, and shall be implemented prior to any construction. Sedimentation and erosion control devices shall be placed according to standards set in U.S.D.A. Soil Conservation Service, "Guidelines for Soil and Water Conservation in Urbanized Areas of Massachusetts ". Placement of sedimentation and erosion control shall be directed at the site by the project engineer in order to accomplish maximum control of erosion to ensure that no eroded materials will enter wetland resource areas. Hay bales must be staked. Silt fencing must be installed in a dug trench with sufficient porosity to allow detained water to pass through while trapping suspended sediments; page 5 -3 (memorex \wp \conscom \order.cc) 17. Areas of construction shall remain in a stable condition at the close of each construction day. Erosion controls shall be inspected at this time, and maintained or reinforced to meet specifications in the plans and this order; 18. All construction areas shall be restored to original condition or better upon completion of the project, including replanting of vegetation; 19. The Commission and its agents shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order, the Act, and Wetlands Protection Regulations: 310 CMR 10.00 and Chapter 24 of the City's Ordinances: "The Wetlands Protection Ordinance ". They shall have the right to request and receive any data or documentation that is deemed necessary for evaluation of compliance. 20. This Order of Conditions shall apply to any successor in interest or successor in control; 21. The contractor is as responsible as the applicant and property owner for any violations of the Orders of Condition and penalties under the law, while all activities regulated by this Order are being performed. A copy of this Order and associated plans shall remain on site during all construction and /or building activities. The project manager and all equipment operators shall be familiar with the approved plans, and shall be informed of their location on the site. This location shall be accessible to all contractors occuring on site. whenever work is A copy of the plans and Order must always be on -site and machinery when work is being performed; 22. All required permits must be obtained from the Planning Board, Zoning Board, Department of Public Works, and Building Inspector prior to the start of projects involving fill within any wetland resource area; 23. The owner of the property described in this Order, potential buyer of the property that any construction said property, including brush cutting or clearance, may the Northampton Conservation Commission. in all excavating must advise any or alteration to require action by Any instrument conveying any or all of the owners' interest in said property or any portion thereof, shall contain similar language as follows: "This property may be subject to the Northampton Wetlands Protection Ordinance, Wetlands Protection Act, an Order of Conditions, and /or a Determination of Applicability from the Northampton Conservation- Commission"; Specifically Lots #1, #11, #12, #13 24. Upon completion of the project, the Applicant shall submit a statement that all work has been done in conformance with the provisions of the Order of Conditions and request a Certificate of Compliance. If checked: [X] YES Certification shall be by a Wetlands Consultant who shall have been approved by the Commission: page 5 -4 '(memorex \wp \conscom \order.cc) 4 • PRE - CONSTRUCTION REQUIREMENTS: 25. If checked: [XX ] YES Upon completion of the work covered by this Order, the applicant shall submit an as -built plan, signed and stamped by a registered professional engineer or land surveyor, together with a written request for a Certificate of Compliance. The plan and written request shall specify any ways that the completed project differs from the plans referenced in the Order. The as -built plan shall include, at a minimum, and as applicable to the project; elevations of all pipe inverts and outlets, pipe sizes, materials, and slopes; all other drainage structures; limits of clearing, grading, and fill; all structures, pavement, and contours within 100 feet of wetland boundaries; all alterations within the wetland resource areas; all wetland replication areas; and all dates of fieldwork. 26. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are as follows: ( #52, #60, #61, #62, and #63). 27. Any change or deviation from the Notice of Intent, plans and /or Order of Conditions approved by the Commission, prior to or during construction, shall require the applicant to file a request for an amendment with the Conservation Commission. It shall include a written inquiry as to whether or not the change is substantial enough to require the filing of a new Notice of Intent. After making a positive determination, the Commission shall conduct a public hearing for the purpose of amending the Order or to issue a new Order, if a new Notice of Intent is required. GENERAL CONDITIONS: 28. The boundaries of all wetland resource areas shall be identified by flagging spaced at intervals not greater than 25 feet apart. Flagging used to identify wetland resource areas shall be a color different from any other flagging used on the site. A continuous construction barrier consisting of siltation fencing or a crenelated hay -bale dike shall be established. Flags shall be checked and replaced as necessary prior to the start of work. The flags shall be maintained until work is complete. 29. Prior to construction, the applicant shall submit to the Conservation Commission for approval an erosion and sedimentation maintenance control plan for the settling basins, that shall be incorporated into this Order by amendment and that shall be followed after construction has been completed. 30. Prior to the start of any site work, excavation or construction, a preconstruction conference shall be held on the site, between the contractor conducting the work, the site /project engineer, the applicant, and a member or agent of the Conservation Commission, in order to ensure that the requirements of this Order are understood by all parties. 31. Once erosion control devices are installed, the applicant shall notify the Conservation Commission that the installation has been completed, prior to the commencement of any site work. page 5 -5 (memorex \wp \conscom \order.cc) f' NO WORK SHALL COMMENCE PRIOR TO SUCH APPROVAL BY THE CONSERVATION COMMISSION OR STAFF. 32. The name of the wetlands specialist shall be submitted to and approved by the Conservation Commission prior to the beginning of work. 33. Cutting of trees located within the right -of -way shall be allowed prior to, installation of the siltation barrier, as long as stumps are not removed or unearthed. 34. All silt fencing and erosion control shall be installed prior to removal of stumps and shrubs within the right of way. 35. The applicant shall notify the Commission in writing of the name, address, business and home telephone numbers of the project supervisor and /or contractor who shall be responsible for ensuring compliance with the conditions in this Order. REQUIREMENTS DURING ACTIVE CONSTRUCTION: 36. Haybales /silt barriers shall be inspected at the close of each work day, and after each rainstorm. Any breaches in the siltation barriers shall be repaired prior to the continuation of work. VEHICLE ACCESS /STORAGE: 37. Vehicles and /or equipment shall enter the project site only by the access route specified on the plans and approved by the Conservation Commission. 38. No equipment is to enter or cross a wetland resource area at any time, unless the location of entry or disturbance is clearly indicated on plans and within information approved with the issuance of this Order of Conditions. 39. All equipment shall be operated, parked, and maintained in such a manner that will prevent potential alteration of the wetland /resource area and buffer zone. POST CONSTRUCTION SUBMITTALS & WORK IN BUFFER ZONE: 40. The Conservation Commission has not approved nor denied construction on, Lot #11. The applicant will be required to submit a Notice of Intent detailing proposed construction plans upon which the Conservation Commission will then vote. Prior to beginning construction on Lot 11, the applicant shall submit a Notice of Intent, detailing the location of the house, the limit of work and all other activities within the 100 foot buffer zone. WETLAND REPLICATION: 41. The area proposed for replication shall be staked prior to the excavation, with notification to the Commission within 72 hours of completion. 42. A Wetland Specialist, approved by the Conservation Commission, shall be on -site during all phases of the transference /replanting and construction of the replication area. page 5 -6 (memorex \wp \conscom \order.cc) 43. No disturbance of wetlands shall occur until the wetland replication area is excavated in accordance with the plans submitted with the Notice of Intent and the work is approved in writing by the Conservation Commission. 44. Prior to excavation of any wetland area, the wetland replication area(s) shall be excavated to the elevations indicated on the plans, and the applicant shall present the Conservation Commission with written certification by a registered professional engineer, who is qualified in hydrology, that the proposed wetland replication area possesses the appropriate groundwater elevations and hydrologic connections. 45. Soil depth and structure, surface topography, and hydrology in the wetland replication area shall reproduce the original wetland to the greatest extent possible. 46. Excavated wetland soils shall be stockpiled in such a way that the soil horizons remain intact. They shall be protected with plastic or canvas from erosion and drying out and shall be emplaced in the replication area as soon as possible following excavation from the wetland. Wetlands soil shall be placed in wetland replication area in such a way as to reproduce the original soil horizons. 47. The wetland replication area will be planted with native species of wetland plants, in accordance with the planting schedule provided in the plans. 48. If the seed stock and vegetative structures in the excavated soils do not result in establishment of a plant community comparable to the original wetland in species composition, and with at least 50 percent cover by the end of the first growing season, the applicant shall supplement the original plantings with plantings of indigenous species obtained from a nursery specializing in the propagation of wetland plants. 49. A report of the success of re- vegetation activities shall be submitted to the Conservation Commission, by a qualified wetlands scientist on the following schedule: By (June 1, 1996) By (June 1, 1997) 50. If more than 75% wetland vegetation has not been established after two growing seasons (2 years), then additional plantings and /or changes to wetland restoration plan shall be submitted to the Commission for consideration and approval. 51. At the time of requesting a Certificate of Compliance, the applicant must submit a "Summary Report ", by a qualified individual, of work completed on the site, actions taken during the replication, and the rate of success of wetland replication. 52. No additional wetland areas shall be allowed to be filled or altered on this property, now or in the future. A deed restriction stating this shall be incorporated into all deeds and future divisions of this site. EROSION AND SEDIMENTATION CONTROL; 53. Erosion control devices shall remain in place until all disturbed surfaces have been stabilized with a vegetative cover or until the Commission has authorized their removal. page 5 -7 (memorex \wp \conscom \order.cc) 54. Erosion control devices shall be inspected regularly by a qualified person. Any entrapped silt shall be removed to an area outside the buffer zone and wetland resource areas, and hay bales or other devices shall be replaced as necessary. Stock pile or hay bales and silt fencing shall be on site to make repairs or in case of emergency. 55. During all phases of construction, all disturbed or exposed areas shall be brought to finish grade and either: a)loamed and seeded for permanent stabilization, in accordance with U.S. Soil Conservation Service procedures; or b) stabilized in another way approved by the Conservation Commission. Areas that cannot be permanently stabilized within 30 days of disturbance shall be stabilized by temporary measures acceptable to the Conservation Commission. 56. All stockpiled materials that will be located within the 100 -foot buffer zone, shall be stabilized to prevent erosion and sedimentation into the wetland resource area, and shall be surrounded with siltation fencing to prevent washing into the replication area. 57. If soils are to be disturbed for longer than two months, a temporary cover of rye or other grass shall be established, following U.S. Soil Conservation Service (SCS) procedures, to prevent erosion and sedimentation. If the season is not appropriate for plant growing, exposed surfaces shall be stabilized by straw, jute netting, or other SCS- approved methods. Any stabilization materials such as jute netting shall be firmly anchored to prevent them from being washed from slopes by rain or flooding. 58. The settling basin shall be constructed prior to the construction of the subdivision roadway, as shown on the approved plans, in order to entrap any soils that may be eroded during construction. It shall be cleaned out after the base coat of asphalt has been placed on the road right -of -way, and constructed to function as per plans and information included within the Notice of Intent. 59. All catch basin grates shall be wrapped with murapi fabric and maintained until the base coat of asphalt has been laid. After the base coat of asphalt has been placed on the road right -of -way, all catch basin sumps shall be cleaned of debris. The Commission shall be notified, in writing, when this shall occur. FERTILIZERS, DEICING & SNOW: 60. There shall be no application of road salt or other deicing chemicals onto the driveways because of the importance of the site, location of the settling pond and wetlands. 61. Lots that have any portion of it's boundaries within the 100' buffer zone shall be deed restricted, so that there shall be no application of fertilizers or pesticides to the lawns or any areas contributing runoff to the wetland stream, or pond. A provision specifying this condition shall be incorporated into the bylaws of the association, and the Conservation Commission shall be provided with a copy of the bylaws showing this provision before a - Certificate of Compliance will be issued for this project. page 5 -8 (memorex \wp \conscom \order.cc) STORMWATER RUNOFF & POLLUTANT PREVENTION 62. Non - native vegetation in the wetland replication area and the settling ponds, may be harvested bi- annually following die back in the fall, and accumulated sediments may be removed periodically as necessary in the settling ponds and not in the catch basins. The applicant shall submit a maintenance plan to be approved by the commission, which shall be incorporated into and become part of this Order of Conditions, by reference. Disposal of any removed vegetation and sediments shall occur outside of wetland resource areas and buffer zones and shall conform to all applicable laws and regulations pertaining to the disposal of such material. 63. There shall be no sedimentation into wetlands or other water bodies from discharge pipes or surface runoff leaving the site. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** page 5 -9 (memor-ex \wp \conscom\order;cc) r Signature NOW y Public Issued By Northampton Conservation Commission Signatures: zn 2 4: page 5 40 (memorex \wp \conscom \order.cc) Applicant This Order must be signed by a majority of the conservation Commission. On this ' �`" day of personally appeared , 1995, before me , to me known to be the perso •escribed in an w o executed c the � foregoing instrument and acknowledged that h: /she executed the s: = as his /her free act and deed. My co ission expires ' The applicant, the owner, any person aggrieved by this Order, 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 Department of Environmental Protection to issue a Superseding Order, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten 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 the applicant. Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work. PLEASE NOTE - -THIS IS NOT REQUIRED IF THE COMMISSION HAS ALREADY RECORDED THE ORDER, AS IS THEIR USUAL PRACTICE, UNLESS LAND IS REGISTERED IN LAND COURT. To Northampton Conservation Commission: Please be advised that the Order of Conditions for the project at recorded at the Registry of Hampshire County and has e been b noted 6 in the chain e of title of the affected property in accordance with General Condition 8 on , 19 If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 FAX (413) 586 -3726 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission APPLICANT: ADDRESS: OWNER: ADDRESS: DECISION OF ,6OMOOMPM NORTHAMPTON BOARD SOVEREIGN BUILDERS (TODD CELLURA) 772 BAY ROAD, BELCHERTOWN, MA 01007 THOMAS & LILLIAN MIRANDA 20 GROVE AVENUE, LEEDS, MA 01053 ( -298 3ta -zip • 3to -ZR7, 3(� 2gq. 3(„-2 3i,-2.43 -� 3i ..s 3t� - RE LAND OR BUILDINGS IN NORTHAMPTON AT: WESTHAMPTON ROAD MAP AND PARCEL NUMBERS: MAP # 36 PARCEL # 241, 242, 243, 244 At a meeting conducted on April 27, 1995, the Northampton Planning Board unanimously voted 5:0 to grant the request of SOVEREIGN BUILDERS (Todd Cellura) for a SPECIAL PERMIT with SITE PLAN APPROVAL under the provisions of §6.13, page 6 -18 in the Northampton Zoning Ordinance to create five flag lots to be known as Lots 4, 5, 6, 8 and 10 off of Westhampton Road, Map #36, Parcels #241, 242, 243 and 244 and to grant the request for Definitive Subdivision approval in accordance with M.G.L. Chapter 41 from SOVEREIGN BUILDERS for Sovereign Meadows Subdivision as depicted on plans and information listed below and as amended by the Special Conditions of this approval. Site Plan for Definitive Subdivision plan of Sovereign Meadows, Northampton, MA sheet index: sheets 1 & 2 Survey Plan, sheet 3 Road Extension Plan, sheet 4 Plan and Profile sheet 5 Sections sheet 6 Details sheet 7 Site Plan ORIGINAL PRINTED ON RECYCLED PAPER Prepared by P.B. Hatch and dated January 1995 with revisions dated 2/28/95 and 3/29/95. ,_.,_. , ...._.... _. :310 Planning Board Members present and voting were: Chairman Andrew J. Crystal, Jody Blatt, Nancy Duseau, Mark NeJame, and Daniel Yacuzzo. In Granting the Special Permit for five flag lots, the Planning Board found: 1. The requested use protects premises against seriously detrimental uses and includes provisions for surface water drainage as depicted on plans and information submitted with the Special Permit application. 2. The requested use promotes the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets, minimizes traffic impacts on the streets and roads in the area by providing residential lots in the form of five flag lots. 3. The requested use promotes a harmonious relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area through providing five flag lots for single- family residences. 4. The requested use will not overload any public water, and will mitigate adverse impacts on, the City's resources, as demonstrated by the plans and supporting information within the application. 5. The requested use meets all special regulations set forth in the Zoning Ordinance, specifically Section 6.13 Flag Lots (see "Attachment A ", for criteria). 6. The requested use bears a positive relationship to the public convenience or welfare and will not unduly impair the integrity or character of the district or adjoining zones because five flag lots will allow for the construction of single- family residences and will maintain the character of the district. 7. 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 adopted under M.G.L. Chapter 41, Section 81 -C and D. Attachment A Flag Lots - §6.13 Special Permit Review /Approval Criteria In Granting the Special Permit, the Planning Board found that the requested use meets all special regulations set forth in the Zoning Ordinance, specifically Section 6.13 Flag Lots, Special Permit Criteria. In making these decisions, the Planning Board found that each Flag Lot: 1). Does have access frontage of at least fifty (50) feet; 2). Does have an access width, from the front lot line to the principal structure, of at least fifty (50) feet; 3). Does have an access roadway with no curve having a radius of less than eighty (80) feet or, where access is from another lot, there is an area on the flag lot for an access roadway with no curve having a radius of less than eighty (80) feet; 4). Has at least double the minimum lot area normally required for the district; 5). Demonstrates that all setbacks are able to be equal to at least twice the setback normally required for the district; 6). Demonstrates that the minimum open space percentage does not exceed two - thirds (2/3) of that normally permitted in the district; 7). Demonstrates that the minimum open space percentage is not less than eighty -five (85) percent; 8). Demonstrates that the lots are laid out so that the principal structures to be erected can be located on the lots in such a manner that a circle with a minimum diameter equal to one and one -half (1 1/2) times the amount of minimum frontage requirement required for a non -flag lot in that district, could be placed around the principal structures without any portion of said circle falling outside of the property's line; 9). a. That there are not more than three (3) Flag Lots having abutting contiguous street frontage. 10). Has provided a grade, length and location for the access driveway that is of suitable construction, in the opinion of the Planning Board, for the access, and where applicable for the turn -a -round for vehicles, including moving vans, ambulances, fire and police. Has a driveway that conforms to all applicable provisions of the Zoning Ordinance. 11). Has had plans submitted to the Planning Board under this Section that shall be the same as the plans submitted to the Planning Board under the Subdivision Control Law, and include the statement: "Lots 4, 5, 6, 8 and 10 are Flag Lots; building is permitted only in accordance with the special Flag Lot Provisions of the Northampton Zoning Ordinance." 12). Has had the following information submitted with the Special Permit Application: 1. a plan showing: (a) the location and layout of the proposed driveway and houses; (b) all provisions for drainage and storm water runoff. Conditions imposed on this project for a Definitive Subdivision to be called "Sovereign Meadows" are as follows: All work shall be done in accordance with the plans entitled: "Definitive Subdivision Plans for Sovereign Meadows" and the related site plans and construction drawings as prepared by Professional Engineer, Paul Hatch and Surveyor, Lewis & Cook Surveyors, Inc., as revised to comply with these conditions, and be approved and endorsed by the Northampton Planning Board. 2. The following waivers have been granted: A. Installation of street lights throughout the entire subdivision. Instead, one street light shall be installed at the intersection of Sovereign Way and Westhampton Road. Additionally, electrical conduits and boxes shall be installed throughout the road right -of- way, in order to allow installation of street lights in the future. B. The water main will be allowed to dead -end. However, it must be installed through lot 15 to the most easterly point of lot 4. C. Lot 3 shall be allowed a 20% reduction in frontage. 3. Prior to the endorsement of subdivision plans, the following information must be submitted and /or receive final approval by the Northampton Planning Department, the Department of Public Works, and the Law Department: A. Easement documents, suitable for recording at the Hampshire County Registry of Deeds, for all proposed easements shown on the Definitive Subdivision Plan, including but not limited to: the temporary cul -de -sac; , water line and sewer easement through lots 4 and 15; and drainage easements to the end of all pipes discharging into the stormwater settling basins. B. Master deeds and covenants; C. '/The Homeowners Association documents; D. Maintenance Plans for the Cul -de -sac; Lot 15; Lots 12 and 13; the wetland replication area; and the stone settling basins. E. - -Road extension easement documents. F. 'Final list of construction quantities. 9. 7/1) /9 5 G. A Performance Guarantee subject to the approval of the Planning Board and the City Solicitor, in the form of: 1. A Letter of Credit, deposit of money, or bond for the total estimated construction costs, record plans, legal and engineering costs to complete the subdivision, with an additional 10% over the total cost of completion as approved by the DPW. 2. A Covenant to be recorded by the Applicant at the Hampshire County Registry of Deeds, prior to or concurrently with the recording of the Definitive Subdivision Plans. 4. Prior to the release of any lots from the Covenant, the following information must be submitted to and approved by the Planning Department and the Department of Public Works: A. A utility plan to include: electrical, telephone, cable TV systems, which must have the required endorsements from the utilities. The electrical utility shall be required to place on the plans a statement that the proposed underground electrical distribution system is capable of accommodating a future street lighting system, to include provisions for street lights and hand holds within the electrical system. B. The subdivision plan showing the relocation of the sidewalks, must receive an amended Order of Conditions from the Conservation Commission. 5. The catchbasins shall be cleaned of any and /all debris after the base coat of asphalt has been applied. 6. Lot 11 shall not be considered a building lot until such time that it receives an Order of Conditions from the Conservation Commission, granting approval of construction of a single family residence. If approval is not granted, then Lot 11 shall be combined with an adjacent parcel, and shall not be an approved building lot. 7. If construction of trenches into Westhampton Road will occur after the proposed road reconstruction occurs, then all trenches shall be repaired with an infrared patch. 8. .If used, concrete sidewalks must be constructed using 4000 PSI Concrete. All required revisions to plans and documents shall be submitted to the Planning Board within 60 days of the expiration of the appeal period of the approval of the Subdivision and Special Permits. 10. Lots are not eligible to receive a building permit until the Planning Department notifies the Building Department in writing, that all necessary plans and documents have been recorded at the Registry of Deeds. 11. Prior to the commencement of any construction, the S /�� developers, the project engineer, and the contractor shall attend a pre- construction conference with the DPW and Planning Board Staff. 12. All work and procedures must be performed in accordance with the Rules and Regulations Governing the Subdivision of Land in the City of Northampton, last revised April 11, 1991, unless otherwise revised by the Northampton Planning Board. 13. Prior to requesting street acceptance, the applicant must submit sufficient information and documentation to the DPW, that the pavement conforms to current DPW requirements regarding bituminous concrete pavement. If the DPW determines that the pavement does not meet the requirements, then the developer shall be required to establish an escrow account, as per the current requirements of the DPW. 14. During the physical construction of the public ways and utilities, the developers shall comply with the following: A. The developer shall notify the DPW and the Planning Board in writing five days in advance of the commencement of construction and subsequent phases of construction so that proper inspection can occur. B. After the installation of the complete water system and prior to the placement of any gravel on the roadway, the developers shall present ties to fixed and easily identifiable objects and elevation on 4 x 6 index cards, of all appropriate components (bends, tees, gates, corporations, service boxes) of said system. Said cards are to be prepared by the applicants engineer. Upon approval of the above by the DPW, the Planning Board shall notify the developer, in writing, that work may proceed. C. The developers shall present proof, at their own expense, by a qualified person /firm, to be approved by the City Engineer, that the gravel to be used on the project meets State DPW specifications. D. The water main shall be tested by the Developer's Massachusetts Registered Professional Engineer for leaks and adequate fire flow, in accordance with the Subdivision Regulations. This work shall be performed under the supervision of the DPW prior to the issuance of any occupancy permits. 15. Upon completion of construction, the developers shall present the Board with the following information if the subdivision is to be accepted as a city street. A. Record Plans and Street Acceptance Plans, in accordance with the Subdivision Regulations. B. A formal petition, signed by ten Northampton residents, for street acceptance. C. An executed deed to the City of Northampton, suitable for recording in the Hampshire County Registry of Deeds and approved by the Planning Board, the DPW and the City Solicitor prior to requesting the City to accept the street. 16. Lots shall not be eligible for Occupancy Permits until the Planning Board notifies the Building Commissioner, in writing, that the following has been constructed by the developers and approved by the City Engineer: A. All utilities to the said lot; B. Driveways constructed in accordance with driveway permit issued by DPW. C. A minimum of the road's binder coat has been installed. 17. The total responsibility and liability for the maintenance (including snow and ice removal), repair reconstruction of the roadway and utilities shall remain with the developer and the homeowners' association until and unless the streets are accepted by the City and the appropriate documents have been recorded in the registry of deeds. 18. Erosion /sedimentation control measures, in accordance with the USDA Soil Conservation Service Guidelines, shall be implemented in a manner sufficient, in the opinion of the Planning Board, to temporarily and permanently stabilize disturbed areas of the site to control runoff and to prevent and to mitigate soil erosion and sedimentation on and off of the site. 19. All improvements required and authorized under the approval of this Definitive Subdivision Plan and attached conditions must be completed within 5 years of the date of the expiration of the appeal period. 20. The applicant must provide for inspection services by a Registered Professional Engineer who shall be required to be approved by the Planning Board and the DPW. 21. The Professional Engineer hired to provide inspection services shall be responsible for the following duties and submissions: A. Partial Administration Services 1. Review and advise the City in regard to all material submissions by the contractor. 2. Review and advise the City in regard to al submissions dealing with: (a) requests to change approved plans and /or construction materials and (b) changes in the performance guarantee held by the City. 3. Review and advise the City in regard to field changes requested by the contractor. 4. Review, advise and certify to the City regarding the completeness and accuracy record plans and tie - cards. 5. Advise the City in regard to the contractor's performance and ability to adhere to the approved time schedule. 6. Present daily log sheets to the DPW clearly showing the extent of the inspections. B. Inspection Services 1. Periodic unscheduled inspections of all underground utility installations. The frequency and duration of these inspections must be such that the inspector is able to state and certify that the utilities were installed properly. 2. Visual inspection of the complete storm drain system. 3. Review, advise and certify to the City the following Utility tests: a. Water System: Pressure Test and Fire Flow Test. b . Sanitary Sewer System: Pressure Test, "go -no- go" test. 4. Evaluation of the roadway /sidewalk sub -grade to determine the need for special treatment such as filter fabric, sub - drains, extra excavation, etc. 5. Final elevation check of sub -grade every fifty (50) feet along the centerline of construction. 6. Periodic unscheduled inspections of the gravel base installation. 7. Final elevation check of bank run and processed gravel. 8. Complete inspection of the bituminous concrete installation (both roadway and sidewalk). 9. Periodic unscheduled inspections of bituminous berm and granite curb installation. 10. Periodic unscheduled inspections of detention ponds, drainage ditches, rip -rap, headwalls, loam and seed, street signs, etc. 11. Final inspection of all water gates and service boxes. 12. Final inspection of all manholes and catch basins. 13. Other inspections as needed to evaluate work within the proposed City right -of -way and easement areas. 14. Preparation of final punch list. 15. Final inspection of subdivision and final report to the City. 22. If City hired consulting services are used, the Planning Board will set the fee for such services as follows: A. The developer shall present the Planning Board and DPW with a detailed schedule of construction and a complete timetable in regard to the proposed subdivision. B. The City shall request proposals for the inspection and administration of the subdivision based on the schedule and timetables listed above in accordance with S6:05 of the subdivision regulations or other applicable regulations, ordinances, or statutes. C. The City shall choose the prospective inspector based on their qualifications and the amount bid for the work. D. Prior to any construction, the developer shall deposit into an account(s) established by the City, in accordance with 56:05 of the Subdivision Regulations and other applicable regulations and ordinances, the amount bid by the inspector plus a ten (10) percent administration fee. E. At the completion of the subdivision the City shall return any balance unexpended for inspection services and fees to the developer. In the event of changes in or deviations from the construction schedule and the completion timetable, the developer shall produce a new schedule and timetable and increase the inspection fee by the appropriate amount plus the ten percent administration fee. F. If the inspector is unable to perform, the City reserves the right to re -bid at any time and the developer shall pay the differences in the inspection fee within seven days, plus ten percent administration fee. G. All construction must cease if inspection fees are not paid prior to construction and as detailed in this approval. Nanc( D{i.seau Pursuant to Massachusetts General Laws (MGL), Chapter 40A, Section 11, no Site Plan Special Permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed after the decision has been filed, or if such an appeal has been filed that it has been dismissed or denied, is recorded in the Hampshire County registry of Deeds or Land Court, as applicable and indexed under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. It is the owner or applicant's responsibility to pick up the certified decision from the City Clerk and record it at the Registry of Deeds. The Northampton Planning Board hereby certifies that a Site Plan Special Permit has been Granted and that copies of this decision and all plans referred to in it have been filed with the Planning Board and the City Clerk. Pursuant to Massachusetts General Laws, Chapter 40A, Section 15, notice is hereby given that this decision is filed with the Northampton City Clerk on the date below. If anyone wishes to appeal this action, an appeal must be filed pursuant to MGL Chapter 40A, Section 17, with the Hampshire County Superior Court and notice of said appeal filed with the City Clerk within twenty days (20) of the date of that this decision was filed with the City Clerk. Applicant: SOVEREIGN BUILDERS DECISION DATE: April 27, 1995 DECISION FILED WITH THE CITY CLERK: NeJame 1, 2ss� Andrew J. z. ystal May 11,1995 Daniel Yacuzzo