02-028 642 north farms road conservationr aSed
PP
jeck
Peredoem Test RwAtc TP/A -4
T/nA Yesvmnwrt
Be¢Y saturation 1] J 4_ _
End sshwettew 11 :35
2 depth
Meswws,nent M
1M.a dep 1Z 26 _ a'
EMpsed Urn♦
Bottarn of lewcabtlse Test Hole 36'
Psreobtfow rate 10.0 LIM/YICH
Pved@Uen Test Rssrt4c TPjB- -4
Ttme Wsvanest
Be¢Y soMvfbn 1] LA lzjFq m_
Ind *@%OVUM 11:33 t0'
Or depth
Meoeerwrrent Jx — T —
6' depth
Yessrr�nwrt 1216 — 4
Ekysed tkre
r to r is _
ScAtom of Prealotlon Test /lake 46'
Pwealetlen rate 5.0 ALM/ KH
4
�Z +L
X0
d�
� I
1 , 1
0
4 r r
r � r
� r r
r (
i
i r
POKPOSED Fam
FLOOR MOUSE - IN.r7
F11DFVSm Fam
FLOOR OASEWNT - Nora
DEEP 011SEI MVLON HOLE LAG / TP /A-4
OEPIH FROM
SIIfFACE
PraeE
SOX
FIOIWZ01/
SOX TE7E11AE (U
SOy
Aa COLOR
MO►1tIIG
(�
m .
0'-6'
AP
SAVVY LOW
foal 311
- - - ----
LE404M FIELD AREA AEOI/RELEM:
6' -24'
aw
SAVVY LOW
1LIYR 514
1100 S.F.
Eo*-wd OPsetar.
24 - Y6'
c1
SAW
IOYR 612
445'
,eee II ni ss1
f IOO S.F.
-- - ' --- - � -- - - - - --
ACTIAAL Of51d! FLOW:
7.3W 41-6
we sm ALT
real" i t aaetin,
DEEP OBSEI M111GW HOLE LAG / IPA"
DEPTH
SlI1FACE
On"
SOX
molluON
SOX WMAW
(Us"
SOIL COLOR
wnaU
Soft. MDTFLM
o
OTHER
WrR
0' -7'
AP
SANOr LOW
font 311
- - - ----
LE404M FIELD AREA AEOI/RELEM:
7 - -32'
Be,
S40W LOW
IOYR 314
1100 S.F.
Eo*-wd OPsetar.
J2' -09'
Cl
SAND
IVrR 6/2
'
N M is
f IOO S.F.
-- - ' --- - � -- - - - - --
ACTIAAL Of51d! FLOW:
7_%V
t�
� BARD. News . srwo
S ANDIIG RATER M HOLE: maw OEM To BEDROCK: LARGE Roos • 6• SLVDIIG WATER M HOLE NOW DEPTH To BEDROCK. LARGE ROOT • DI'
Esr"TED SFASM4 NU7l GRORID L UEW 145' 6EEPM FROM FACE NOTE ESTIMTED SEASGPIAI. Fm GRommo RATER 166 6EEPM FROM FACE HONE
! XQVAMMNlRe1
OC MY DUE MY M . 111.83 12' INN COVER
rILl
FLOW Lm
SCHEDULE 40 PVC PPE to PROPOSED 1..
20. f
(r0. mw SEPTIC rANK
1 500 GAL.
FROM MOUSE) VIM
OW am
I f 1.4a
ONOWD WAVACE MW s1r
neRL aaDE \
36 MU COVER
„ mor W/IEE 12'
20' X 55' LEACH FIELD
.............
ot�eLE wASPEEO'
314 t/2' (4.0'
ESRWTED SEASONk
HIGH GROUND WATER
105.2.* (AS OF 04125102) TP 18-4
5ENEUUEE 40 PVC PPE
a2'.*
(FROM TANG( TO b' BOX)
CROSS SECTION OF PROPOSED DISPOSAL SYSTEM
(NOT TO SCGY.E)
'--"M X= MOTORED 8004 10 BE SW
NORTH FARMS ROAD
2' IDOUI EE WASHED' STONE
1/0' - 1/2'
OF SYSIM - IOB.D!
T �4
CONSTRUCTION Nam -
f. ALL WORN 6 To BE PERFDREIED STRICTLY M ACCO GAIXF WITH OMSS SOW
OAOWIOrIEHIM. CODE TIRE 5: LWORM ICOU EWENTS FOR THE $LQ1S W%M
DISPOSAL OF SANIFARY SENAM AD ADVITgNLL RZDUATIOM OF THE MY OF
NpRITMIPTON Dow OF "MIK
2. SEVER WE FROM 11MOMG TO SOW HANK SMLL BE LAID AT A WMAf SLOPE aF
002 (114' PON FOOT, THE PPE FROM D1E SEPTIC VWK TO THE V BLIX SFMLL BE
LAD AT A WOW SLOPE OF 0.01 (f PER Fan ALL E7HLuea OWRgL W LILIES
SHALL BE LAD AT A SLOPE OF AN (f/fe' PER FOOT).
3. LEACH/IC FACLPTY SMALL BE Nor LESS INVI 25 FY. FROM THE WAREST
STORM 0V^ 10 Fr. FROM PROPERTY LIES. AID 100 Fr FROM ANY
007m OR P'ROP'OSED IIEL.S ON THIS LOT OR ARMCOII LOTS.
.. FILTER IAOL1nSH FROM WATER PILDMTION SVSRM MID SEMAE OWWAL
SV57EM 6 Nor POINTER.
L INS OESIM DOES NOT ICLUDE PROMMO 6 FOR USE OF A CABAL! GRIAR
DISPOSAL Cm
R AGGREGATE AND SPOW USED N IW CONSTRUCTlpl OF OM -SOE' SEMIDE 116 ndWr
ANO OISPOSAL SrsEM sWL BE GOLGE NUNN AID 7W OF /TOIL nN3 AMD
DUST' AS SLAIED M RILE V (310 CUR 15.247).
T: To MWrAW A BELL RINC1100000 SYSIM Cofimd[ CW. W.X SYSTENI ADDFIRES
spun AW BE USED.
IL THE DEPARARIIMAIT OF 0I9I0I4%4NM PBOYWO011 IECOMbOIDS M A W YOM.* TANG
PLIIED OUT AND SrSIEN 6I960IE0 EMW TITER TO FHYE MAS
I. ANr IEP1ACOAD01' AND/OR AODRION OF SOILS TRW BE CLEW OWMAR
FILL AMOK TEETER` THE SPfCIFIa11a6 OF 310 CW 1125SOX
10 PE SOIL PLACED AS ICOU OWN THE SYSTEM SINLL BE A AWWW OF MILE
RX"M E NCLLOM TOPSDL PLACED M LI7S AND SUFFiCORLY COMPACTED To
PIE"DIT Dowse N5 DUE ILO SETILMG VIKH Wr MIERCEPT OR CmLsCT
SIMFACE *UER IRMOFr ABOLIi TIE S75TEM. sAaaBt Afar BE MOW AID
FREE OF SIDES AID BnuDDRS GREATER OW SK MCIES M SM noon
CLAY OR SPAR WFERALS ARE PppBaIED. ACOpROM TO 310 CUR 112.0(Ij
I1. FINIAL COMER ABOW THE STSFEII SMLL BE CIOIOED TO REDUCE MFLIMMOM
OF SLWACE ART" AID MOMW 01OLSOL F"W GL, 1001 SWILL MME A
LNIIM SLOPE Or OSLO FEET PER FOOT AOCOR10000 TO 310 CUR 15.240(IQX
12 'IRE OMLET VISTROLITION LIES FIN OM RE OWANWrAW KIX SMLL BE LEM
FOR A W4MM OF THE FVRST IRO FEET OF WM LOOM AND ;HERE Wj%L
BE AT LEAST OW OUILET FOR E4CTH EFFLUEMr OfSI =WM LM ACCOMM
IV 310 CUR 13232(3)(e}
11 THIS SYSIEN REOUBES PILL A EIM AS SICNW ON PLAN M M MT B1E4k0Ur
AND AEMM SLOPE IEOU EIEMI
14. ALSO SEE SITE PLAN PREPARED UY BE1iW A C NX LAST RENSOV WED
NOIQEER 21, 2001: IMF ADMDMIL SIZE / IDONVA 11 THE SITE RAIL wS
SLOUFTIED MIDI A NOTICE Or W7W TO RE MORNMP7a1 COMSERMITW/ CONOSS101L
11 I E A d: 0 LAYERS OF THE SM IHORMW AS REAL AS AL SnWj ROOM AND ANY
Or. UP+SVTiGLE '441EIML S UL SIC . ??W 0=09 OV 9-611L J"DAY
A AWAL1.V Lf iAt' F6:T :AIE,e1lLr M ALL O•R•:-XIIS dErGf10 •Art uL",
PDOMEYEF OF THE PROP05EO LEACHM FEND AND REPLACED WITH CLEM ONVAIAR
SAND AMMOM LEETIIG TIE SPECIM706 OF 310 CMK 15.255(3). THE E crmlW
WTERAL WY BE USED ON SIDE SLOPES TO AEET BREAM f DISTANCE IEOf1IDAENT5.
IB. TO AV&MW A PR OPO 4Y RI ICTMW S YSTEM NO LARGE 1V*= lEiA'1'
I aw GUISE OOIPACTIN r PC � TOP �06LReUTION am To BETE (IEEm-
OR ALTER TIE SLOPE OF ITC 961PIOVBM L04M
17. THE SLAISR/1rACE COWOIEr415 OF INS SYSTEM SHALL Nor BE BRCKFLLM OR
ODCIDRSE OONCEM FROM AEIF MITI A INK WSPEC" Me SM CONDUCTED
BY TIE APPLgYFLC AVRMFrf AND THIS OFFICE It" PERMISSION BBL BE
OftwITtD TO SACKFUL THE SYSTEM (310 CUR ISA21: CERIi1C11E OF COIPLA%ta
CERZIFIDLIM
I CERTFY Wr M JWC IBBS f PASSED RC SM EMLIMIOR OW"TION APPMED
BY RE DEPARRENT OF OPAPOPAIWOIL PXU&rnCW AID Wr THE ABOW AAMLYSIS
BAs PEIFOISED BY 1E CONSS10Ir WIN THE 1EDRIED TINIIIr VIPER1RE AID
CO'E RENCE OESCNBED M 310 CUR 15.017.
rez�7��
MYW P. REED
NORTHERN WOODS
la ea tlwe
Paid . 11erM femn Reed
f fJIOaIADON t1 Client:
Qw,t
Fop LIESSIm
SEVACE ESIBNIE. BEDROOM HOUSE X f 10 GAEAKDROOM ( X 1.3) 000 CAL/G4y
Date M testYK 4/2S/
Jab _tNQ�O1OM4 . ........ — _ —
t�t ia+o c rtAiE (cuss sari)
GN,/TLA r
- - - ----
LE404M FIELD AREA AEOI/RELEM:
SaE Eeduetw
Beard M Health bupecter:
Peter
000 CM,/OAY + .AO C41,/5£. .
1100 S.F.
Eo*-wd OPsetar.
LEACHM AREA TO BE ^STALLED:
11Nd
ate_----------
�- � % -- �°M°
20 ' LIRE X 55' LANG .
f IOO S.F.
-- - ' --- - � -- - - - - --
ACTIAAL Of51d! FLOW:
I too S.F. X .00 CgAmY -
800 GALAOAY
SEPTIC TANK REM)IRDENf:
1300 AULON TAN(
010" stow f Mw 2w
/ IN% GRAM
r VOLO E LLASND' Slow 12' ON COVER
147• - 1/r
} T .
r--- }-- r--t -r J—
...... 3 . .• PER FAA: PIPES
1 r
'DOUSLE WASHED -
srDNE
LEACHING FlELD DETAIL 314' - 11 12'
(Nor To scAL.E)
PLAN OF PROPOSED SEWAGE DISPOSAL
SYSTEM FOR PARCEL 4 IN
NORTHAMPTON, MASSACHUSETTS
PREPARED FOR
SWEET MEADOW PROPERTIES, LLC
1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out From
forms on the N
computer use —
only the tab
Conservation Commission
key to move
To: Applicant
your cursor -
do not use the
Elizabeth Denny/Julie Pokela
return key.
Name
642 North Farms Road
Property Owner (if different from applicant):
Name
r� Mailing Address
Mailing Address
Florence MA 01062
n City/Town State Zip Code City/Town State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Northern Woods Plan of prosed sewage disposal system with proposed 03/20/03 revised
deck shown nCinn /nom
wpaform2.doc • rev. 3/1/05
I Wt!
Date
Title
Date
2. Date Request Filed:
05/09/2005
B. Determination
Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Construction of a 10' x 12' deck onto the rear section of the house
Project Location:
642 North Farms Road Florence
Street Address City/Town
02 028
Assessors Map /Plat Number Parcel /Lot Number
WE
Page 1 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
ts. uetermination (cont.)
The following Determination(s) is /are applicable to the proposed site and /or project relative to the Wetlands
Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of
Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received
from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection).
❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act.
Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are
confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are
binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding
such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone).
❑ 5. The area and /or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaform2.doc • rev 3/1/05
Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and /or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post- marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
® 2. The work described in the 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 the 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, subject to the following conditions (if any).
No work is allowed outside of the non - encroachment line as shown on the plan.
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2.doc • rev 3/1/05 Page 3 of 5
Massachusetts Department of Environmental protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §4
B. Determination (cont.)
❑ d The area described is the requirements for the following exemption, as specified r in the Act and
described therein mee q
the regulations, no Notice of Intent is required:
Exempt Activity (site applicable statuatory /regulatory provisions)
❑ 6. The area and /or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
Name I
C. Authorization
Ordina ce or Bylaw Citation
This Determination is issued to the applicant and delivered as follows:
t nested on
❑ by hand delivery on
by certified mail, return receip req
Dat
Date
This Determination is valid lans which ch a valid d for the duration of the (except Determinations
Plan). This Determination does not
Vegetation Management P
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent
ee Attachment) and the property owner (if different from the
to the appropriate DEP Regional Office (s
applicant).
Date
page 4 of 5
wpaform2.doc • rev. 3/1105
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 1 - Request for Determination of Applicability City/Town
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out 1. Applicant:
forms on the �,'La
computer, use Name E -Mail Address
only the tab key ,,, //
to move your 6 ffar±k _- farts <
cursor - do not Mailing Address
use the return F)pre,ACe ��t • �Ia�Z
key. City /Town State Zip Code
k __ JI Phone Number Fax Number (if applicable)
2. Representative (if any)
ietum
Firm
ch a S (r _ � e5
Contact r N�ame
/
2 L4vre
Mailing Address I /
LPJCrt 4
City/Town n
Phone Number
G r• rA-'s s? 40/. e _
E -Mail Address
(11 96 . 691 as y
State Zip Code
Fax Number (if applicable)
B. Determinations
I request the /yQ ( �\a. A4 o A make the following determination(s). Check any that apply:
Conservation Cokmission
❑ a. whether the area depicted on plan(s) and /or map(s) referenced below is an area subject to
jurisdiction of the Wetlands Protection Act.
❑ b. whether the boundaries of resource area(s) depicted on plan(s) and /or map(s) referenced
below are accurately delineated.
[f] c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act.
[� d. whether the area and /or work depicted on plan(s) referenced below is subject to the jurisdiction
of any municipal wetlands ordinance or bylaw of:
Name of Municipality
❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as
depicted on referenced plan(s).
wpaformt doc • rev 07114104 Page 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
( City/Town
WPA Form 1 - Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description
1. a. Project Location (use maps and plans to identify the location of the area subject to this request):
692 n/o ��, I S R rlorey'� /le
Street Address City/Town
aL -- oZ8
Assessors Map /Plat Number Parcel /Lot Number
b. Area Description (use additional paper, if necessary):
LJ
'J e -4 10''1 a( - g
c. Plan and /or Map Reference(s):
Title Date
Title Date
Title Date
2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary):
I i
Jf Ire )d X li?
wpaform1 doc • rev 07/14/04 Page 2 of 4
0
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
City/Town
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description (cont.)
b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant
from having to file a Notice of Intent for all or part of the described work (use additional paper, if
necessary).
3. a. If this application is a Request for Determination of Scope of Alternatives for work in the
Riverfront Area, indicate the one classification below that best describes the project.
❑ Single family house on a lot recorded on or before 8/1/96
❑ Single family house on a lot recorded after 8/1/96
❑ Expansion of an existing structure on a lot recorded after 8/1/96
❑ Project, other than a single family house or public project, where the applicant owned the lot
before 8/7/96
❑ New agriculture or aquaculture project
❑ Public project where funds were appropriated prior to 8/7/96
❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed
restriction limiting total alteration of the Riverfront Area for the entire subdivision
❑ Residential subdivision; institutional, industrial, or commercial project
❑ Municipal project
❑ District, county, state, or federal government project
❑ Project required to evaluate off -site alternatives in more than one municipality in an
Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an
application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality
Certification from the Department of Environmental Protection.
b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification
above (use additional paper and /or attach appropriate documents, if necessary.)
wpaforml doc • rev 07114/04 Page 3 of 4
•
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands City /Town
WPA Form 1 - Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability
and accompanying plans, documents, and supporting data are true and complete to the best of my
knowledge.
I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional
Office (see Attachment) were sent a complete copy of this Request (including all appropriate
documentation) simultaneously with the submittal of this Request to the Conservation Commission.
Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for
Determination of Applicability.
Name and address of the property owner:
Name
yZ ADr
Mailing Address
City /Town
State
- 6166 z
Zip Code
Signatures:
I also understand that notification of this Request will be placed in a local newspaper at my expense
in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations.
5 /5 /0 s
�*tf Appl icant Date
Sig
Signature of Representative (if any)
Date
Page 4 of 4
wp2form1 doc • rev 07/14/04
•
l;Q
' e,,\A y - P d 1`e (1,
•
APW -02 -2003 03 =56 PM EVANS&VERSUN
41350592
U: SM I /6774/0195 09!04/100115:06
DECLARATION OF RESTRICTIONS AND COVENANTS
FOR SWEET MEADOW PROPERTIES, LLC
r.WL
THIS DECLARATION, made as of August 283 _ , 2002, by Sweet Meadow
Properties, LLC, a Massachusetts Limited Liability Company with its principal office located at
48 Bates Straet, Northampton, Hampshire County, Massachusetts 01060 (the "Developer "),
which expression shall include its successors and assigns, owner of the Subject Property herein
defined.
WHEREAS:
A. The Developer is desirous of creating an attractive residential community, encouraging;
harmonious and pleasing homes, assuring a high quality of community appearance and providing
and ensuring the preservation of the values created in said community; and
B, The Developer is desirous of encumbering the Subject Property with certain covenants,
aWeements, restrictions, conditions and changes, as hereinafter set forth; and
NOW, THERFORE. the Developer declares that the Subject Property described in Article
I is and shall be held, transferred, sold, conveyed, and occupied subject to the following
restrictions, which shall bind each and every Lot described in Article I and which shall run with
and benefit the land,
ART C1
1B J P&QPE Y
The Subject Property consists of three lots on North Farms Road, Northampton,
Hampshire County, Massachusetts, shown as Parcel 1, Parcel 2, and Parcel 3 on a plan of land
entitled, "Plan of Land in Northampton, Massachusetts Surveyed For Sweet Meadow Properties,
LLC," by Heritage Surveys, Inc., dated May 20, 2002, and recorded in Hampshire County
Registry of Deeds, Plan Book 193, Page 7.
AKTICLE 11
U—STRIC NS
1, SUBDIVISION
No Lot or combination of Lots shall be subdivided or modified in any way for the purpose
of increasing the total number of Lots upon which single - family residential structures may be
constructed. No conveyance of less than all of any Lot or of any casement or license shall occur
g
Scanned �s�- ---
Digitized
APR=- 02 - 20 03 63357 PM CVANS &VERSbN
4135859234 P•02
kc; SM57 OR 1010M ogJoaM 15;08
without the prior written approval of the Developer or its successors or assigns. These restrictions
do not prevent the construction or utilization of accessory apartments to the extent allowed by
applicable law.
Property lines between Lots may be re- plotted by said owners provided no additional Lots
are created. Such re- plotting will require the written approval of the Developer until January 1,
2006.
2. RESIDENTIAL USE
Each Lot shall be used for residential purposes only. No hospital, rest home or
educational institution of any kind shall be established and maintained thereon. No so- called clubs
or social organizations shall occupy any Lot. In no event shall any Lot be used for any purpose
that may be or may become an annoyance or nuisance to the other Lots. No more than two (2)
tag sales per year of the possessions of a Lot owner or tenant thereof shall be permitted.
No residential structure other than one single - family dwelling shall be erected or placed on
any Lot. 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.
3. RESIDENCE SIZE AND STYLE
One -story dwellings shall contain not less than 1,500 square feet of gross living area.
Two-story dwellings shall contain not less than 950 square feet of said living 4rea on the first floor
and not less than 1,700 square feet of total living area. Living area is defined as "year round,
heated living space located above grade" excluding porches, breezeway and garage.
4. LOCATION Of STRUCTURES ON A LOT
No residence or garage, or any pan thereof, shall be erected or placed nearer than 50' to
any street line, nor 25' to any side line, nor 40' to any rear line of any building Lot.
5. BUILDING APPROVAL
No building or other structure shall be commenced or erected, nor shall any addition be
made, until plans and specifications, showing, the nature, kind, shape, height, materials, floor
plans, exterior color scheme. and the grading plan of the lot to be built upon, have been submitted
to and approved in writing by the Developer in recordable form. The Developer shall have the
right to refuse to approve any such plans, specifications or grading plans that are not suitable or
desirable, in its opinion, for aesthetic or other reasons, in so passing upon such plans,
specifications and grading plans, the Developer shall take into consideration the suitability of the
proposed structure and materials to be the site, including harmony with the surroundings and
efibcts on the outlook from neighboring properties. Said submission of plans shall include.
a.) a plot plan of the Lot showing the location of the proposed construction;
APR- -02 -2003 03:57 PM EYAMS &VERSON
4135959234 P.03
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0%, OR 1611410291 09►(41200215 :08
b.) building plans including drawings that show the elevations of the proposed
construction.
c -) a description of exterior materials and colors. and
d.) the Let owner's proposed construction schedule.
if the Developer fails to approve or deny a proposed structure within forty -five (45)days
after receiving the full proposal as described above, the proposal shall be deemed approved. The
Developer's right of approval under this paragraph 5 shall expire on January 1, 2006, or at such
time as houses have been built on all three parcels, and thereafter said right of approval shall be
exercised by the Homeowners Association established hereunder.
6. SIDING
No tarpaper, asphalt siding, aluminum siding, log siding, plywood siding, Texture 1 -11
siding, roll brick or witlar materials may be used as siding on outside. Vinyl siding may be
permitted, but only vinyl with an exposure of 4" or less.
7, ROOFING
All roofing shall be 25 year or better asphalt or composite roofing shingles, or cedar, tile,
metal or slate roofing shingle.
8. INCOMPLETE DWELLINGS
The exterior of any building erected on a Lot and the landscaping and grading in
connection therewith shall be completed within 12 months after commencement. No structure of a
temporary character, trailer, shack, tent or garage shall be used on any site at any time as a
residence, either temporarily or permanently.
9. BOATS AUTOMOBILES. TRAILERS. CAMPERS. AND COMMERCIAL
VEHICLES
Parking of mobile homes, recreational vehicles over twenty (20) feet in length, trailers,
Class 11 trucks, heavy construction equipment unlicensed or derelict vehicles or any other similar
property, on a Lot or common driveway shall be prohibited, unless parked or stored inside a
garage.
W. LOCATION OF UTiLITES
The furnishing of all utility services to each Lot shall be by means of underWound
installation. No underground storage of petroleum, oil or other substances harmful to the
environment shall be permitted. Underground propane storage is allowed to the extcm permitted
by governing laws and ordinances.
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11. ANIMALS
Animals, livestock or poultry may be raised, bred or kept including dogs, cats or other
usual household pets, on Lots provided that they arc not kept, bred or maintained for commercial
purposes and do not become a nuisance to other Lot owners and occupants.
12. CLOTHESLINES, GARBAGE. CANS, ETC.
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 Lot 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 ether Lot,
13, 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 permitted by
applicable zoning laws;
c.) Professional signs as permitted by the Northampton Zoning By -laws;
d.) During the time of construction of any building or other improvements, 011100b
identification sign not larger in area than three (3) square feet;
e.) A "For Sale" or "For Rent" sign, of reasonable type, size and appearance. but only if
attached to the building or free standing.
f ) informational or directional signs erected or maintained by the Developer, it successors
or assigns.
14 ANTENNAS
Television or other antenna structures, including dish antennas, aerials or other electronic
receiving devices shall be placed, constructed or maintained on a Lot only if they are less than 8'
in height above grade. are located in the rear yard, and are screened with fencing or plantings
from the street and neighboring properties.
15. FEiNCFS
No fences over 6' in height or hedges over 8' in height shall be constructed.
4
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16, EARTH REMOVAL
No loam, sand, gravel or other solid material, except that resulting from customary
landscaping or from construction permitted end approved hereunder, shall be removed from a
Lot.
17. MAINTENANCE OF DRIVEWAY
P.05
The driveway shall be maintained, including removal of snow and ice in the winter and re-
grading and repair as necessary to keep it in safe, good, smooth and usable condition and
according to the grade as originally constructed.
18. STORMWATER RUNOFF AND POLLUTANT PREVENTION
a.) An annual report shall be submitted to the Northampton Conservation Commission no
later than► July 15 and shall be written by a qualified enoneer or other professional. The report
shall indicate that the common driveway is graded as designed and that the swales, checkdams and
basins have been cleaned and are in good working order as designed.
b.) Fertilizers, sediments and other pollutants contained within stormwatcr discharges shall
be controlled to as to prevent the development of algae blooms or proliferation of aquatic weeds
in the downstream ponds and Roaring; Brook.
c,) There shall be no application of road salt or other de -icing chemicals onto the road.
parking areas or driveway because of the importance of the property's wetlands, surface water and
groundwater.
19. EXTERIOR LIGHTING
No exterior lighting shall be installed so as to interfere with or spill over onto neighboring
properties_ No lights shall be placed higher than the eaves of the house.
20. 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.
21. RIGHT TO ENFORCE
The right to file an action arising under these Restrictions shall be field by the Developer
and by the owner of any Lot in the Subject Property. the prevailing party shall recover reasonably
attorneys' fees and costs incurred in any such action. All other provisions related to collection of
assessments as set forth in the lay -laws shall also apply,
P.06
41358
Aph -02 -2003 03:59 PM fiVANS�V�RcsON
OR /o/0 o a� i 154
ART
H� nW19RS ASSOCI
1 • NAME
all be and there hereby is created a homeowners association to be known as the
There ah 4ter refereed to as the ^Association ")
Northern Woods Property Owners Association ( ea
her
2. MEMBERSHIP
very or entity who or which is the d orherewna ove shall be aemomber of the o
E plan referred t shall designate
Parcel 3 as shown and described or the p
Association When more than one person or entity is the record l
one of said owners to act as the weer, them they member r epresenting said pa
3. Mh E.TINGS
The members of the Association shall meet as necessary
to accomplish the business of the
Assoctauo
n. as set forth hereafter, but not leas than once I a mgt >'B upon /4tdaysawr not ee notice
place within the past year, then any one memter m a
ay c
of the time and place to the other members.
4. RESPONSIBILITIES OF ASSOCIATION ma i nt enance of the driveway as set forth in n6 f the
The Association shall the stornuwater runoff and pollutant prevention work as 54
paragraph 17 of Article It abo ve and ra of the
forth in ragraph t 8 of Article 11 above such add c such will cost more than
m vote to aecomp
AsAssociation ma ] y
Association decide by
$ 750-00 in any calendar year, then it shall requite the unanimous consent of the memb ers
S. ASSESSMENTS the Developer for reach
'The owners of each of parcel I,parcel 2 and parce i e3, incl one -third (113) of th
the
i hereby covenant and agree to Pay to accompl
parcel owned by • as determined by the Associ be
ation to e na"�'
annual or special assessme t time, notw whether a
lion 4 of this article. Said assessments shall commence on December 1.200 ,
work stated to sec the members at th y It �a
and shall be payable on the date fixed by
member
has wmmencnd or completed construction of 1 dwelling ,neregardless of the number of
hereby stated to be the i ntent i on that the driveway she u nanimous consent .
constructed or ocwpc id dwellings, unless the members decide otherwise by
6. EFFECT OF NONPAYMENT OF ASSF..SSMENTchen such assessments shall become
if the assessments are not paid on the date when due,
delinquent and shall, together with such interest thereon, and cost of collection thereof as
6
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l 9M5 OR /6774/M OWN= = 15 :N
hereinafter provided, thereupon becoming a continuing lien on the Lot which shall bind such
property in the hands of the then owner and his successors in record title. the personal obligations
of the then owner and his successors in record title. The personal obligations of the then owner to
pay such assessment. however, shall also remain his personal obligation.
If the assessment is not paid within thirty (30) days after the delinquency date., the
assessment shall bear interest from the date of delinquency at the rate of eighteen percent (18 %)
per annum, and the Association may bring any action at law against the owner personally
obligated to pay the same or to foreclose the lien against the Lot, and there shall be added to the
amount of such assessment the costs of preparing and filing the complaint in such action, and in
the event a judgment is obtained, such judgment shall include interest on the assessment as above
provided and reasonable attorneys' fees to be fixed by the court together with the costs of the
action.
7. FORECLOSURE OF LIEN FOR NONPAYMENT OF ASSESSMENT
The lien provided for herein may be enforced, in case of nonpayment for four (4) months
fiom the due date of the assessment, by sale at public auction on the Lot owner's premises, first
complying with the statutes relating to the foreclosure of mortgages by power of sale in a
Massachusetts form of power of sale mortgage. the recording of an affidavit of such sale together
with the Association's deed to the purchaser(s) shall forever bar the delinquent Lot owner and his
successors in record title from all right and interest in said Lot, at law or in equity. Similarly, as
above, the lien sought to be foreclosed shall include the aforesaid interest and legal costs and
attorneys' fees incurred as a result of the foreclosure proceedings.
ARTICLE iY
AMENQMtr IBS
This Declaration of Restrictions and Covenants may be altered, amended, or repealed at
any meeting of the Association by a vote of two- thirds (2/3) of all of the total number of votes
entitled to be cast, provided that the proposed action is inserted in the written notice of such
mooting. Notwithstanding the foregoing, no such alteration, amendment or repeal shall terminate
rights to the driveway or septic systems, or violate any condition order or stipulation of any
governmental authority issued incident to such authority's approval of the subdivision, without the
duly authorized approval of such authority.
aFW -02 -2063 04:00 PM EVANS &VERS
4135$59234 P.08
` be: WN7 OR /W m 8/Y7 15:(1
SWEET MEADOW PROP . LLC
or
Arthur L. Pichette
?cc authority, see Certificate Of Mark F. Ledwell
Authority recorded at Book 6741, Page 171
THE GpMMONyVEALTH OF MASSACHUSETTS
August 28__ 2002
Hampshire, ss.
Thee► pwBonaliy appeared the abo -named Arthu L. Pichette and Mark F. L ed""
aad acknowledged the foregoing instrument to be the free act and deed of Sweet Meadow
Properties, LLC, before me
4 AIaherson, Nalary Public
My commission expires, March 27, 2004
�A7LISIS UMSS1BL, A r . ILEGiSM