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08-028 279 coles meadow road zoningDECISION OF NORTHAMPTON ZONING BOARD OF APPEALS At a meeting held on January 20 1988, the Zoning Board of Appeals of the City of Northampton voted unanimously to GRANT the Variance request of JOSEPH N. PELTIER, to allow construction of a driveway and attached two -car garage at his property located at 279 Coles Meadow Road, North- ampton, MA. The findings were as follows: The Variance requested is for a specific parcel of land, 279 Coles Meadow Road, Northampton, MA. There are circumstances relating to the shape and topography especially effecting such land or structures, but not effecting generally the zoning district in which it is located. Literal enforcement of the Ordinance would involve substantial financial hardship to the petitioner, in that the land to the i right of petitioner's dwelling drops off 15 feet in three tiers, making construction of a driveway and garage on that side of the dwelling a major, expensive undertaking. Granting the request will not be a substantial detriment to the public good, and in fact the side abutter whose setback is being ii encroached upon, supports the petitioner's request; nor will it I, substantially derogate from the intent and purpose of the Ordin- ance inasmuch as petitioner encroaches upon the side setback b i� only five feet. The Board makes it a condition of their approval that the barrier of trees and shrubbery between petitioner and abutter Walton be maintained and encouraged. Robert C. Buscher, Chairman Dr. Peter Laband M. Sanford Weil, Jr. a E' DECISION OF ZONING BOARD OF APPEALS - At a meeting held on December 12, 1984, the Zoning Board of Appeals of the City of Northampton voted unanimously to deny the special permit request of Edward Kielbowicz, 82 Elm Street, Hatfield, to fill a lot on the east side of Coles Meadow Road for the construction of a single family dwelling and garage. Present and voting were: Chairman Robert Buscher, Charles Maguire and Peter Laband. The findings were as follows: P. Laband found that the applicant has not fulfilled the conditions set forth in Section 11.3 of the Zoning Ordinance and has damaged the natural drainage flow. I �j i� it Pi PC P, , i ( 3 R. Buscher also found that the applicant has not fulfilled the condi- tions of Section 11.3 and referring to Section 10.10, found that the stated purpose of constructing a single family home bears a positive relationship to the public convenience; that the proposed use would not create any undue traffic congestion or impair pedestrian safety; that the applicant has altered the natural drainage scheme to the detriment of several neighbors; that the construction of the building will not impair the integrity of the district, but the placement of fill without consulting the proper channels for advise resulted in problems with drainage and is not in harmony with the intent of the Ordinance,as the stringent requirements set forth in the Ordinance are not met. C. Maguire found that the placement of fill had adversely affected drainage, causing water.to divert to the adjoining lot. P� Rob ert C. Buscher, Chairman d➢`r _ c h e c k e d `..�.... _.______.. Peter Laba L2 nd - lk CITY of NORTHAMPTON TO: Planning Board Members FROM: Lawerence B. Smith, Planner ..r' OFFICE of PLANNING and DEVELOPMENT MEMORANDUM SUBJECT: Kielbowicz Special Permit Request DATE: October 29, 1984 FI-E' N546 HisL On May 12, 1983 the Building Inspector and Conservation Commission received a complaint from the abutting property owner that Mr. Kielbowicz was illegally plat fill on his property on Coles Meadow Road. The property was a Low piece of land which dropped off steeply from the edge of the road. Cecil Clark and I made a {�.. inspection on May 13, 1983 and found that a large volume of fill, in excess ')f 5', cubic yards had been placed on his property in violation of Zoning and the Wetl.anl' Protection Act. On May 14, 1984 I issued a Cease and Desist Order to Mr. Kielb'_,. on behalf of the Conservation Commission and invited him to the next Conservation Commission meeting. Mr. Kielbowicz was order to cease filling on the site, to re .' the unclean fill, to regrade, seed and stabilize the slopes to prevent washing the wetland, to construct drainage swales to prevent run -off from his site from being directed onto abutting properties, and to complete this work by August 4. which he did. In May 18, 1984 Cecil Clark informed Mr. Kielbowicz that he need a Special Permit to place fill on his lot. '.r. Kielbowicz has filed this Special Permit Application to legitimize the illegal fi'. that he has placed on his property so that he may construct a single family dwelling. ect:.ion 10-10-3. of the Northampton Zoning Ordinance states that before granting an app' .4 f .•r a special peunit, the special permit granting authority, with regard to the nature &n ^c�nditicn of all adjacent structures and uses, and the district within which the same is :ocated, shall find all of the following general conditions to be fulffiled: 'lhe use requested in listed in the Table of Use Regulations as a special permit in t -10 district for which application is made or is so designated elsewhere in this Ordinan, 4.i The requested use bears a positive relationship to the public convenience or welfare. Tt_Ne requested use will not create undue traffic congestion or unduly impair pedestri.w safety. �.1 Th<E? requested use will not overload any public water, drainage or sewer system or any rrn.uiicipal system to such an extent that the requested use or any developgd fuse in t . i miediate area or in any other area of the Ci will be and r , affecting health, safety, or the general welfare.# $ = -__.. Any special regulations for the use as set forth in Axticl $� 'lu -- � I;:fulfilled. "'ht requested use will not unduly impair the integrity or character of the &str +c.1 �a_n�lx &xles . e nr h. An* r i .. _ A_ - 7 4 - - � L - a. - . , . � I - �9.) Any special regulations f(ar the use as set forth in Art 'e XI are fulfilled .) 71- le requested use will nM unduly adjoini zones, i,or be detre in tal pair the to the heaalt lty or character of the district or :;hall be in 'k1r nariy with the general general welfare. The u:;e:. Ptu�ose gild intent of the ordinance. With regard to this Application I find: a) it is, b) ? c) ? d) ? e) Article XI required Mr. Kielbowicz to submit a detailed grading plan, which he has, f) The are numerous other single family dwellings in this neighborhood, including the properties directly abutting Mr. Kielbowicz's. The property to the south is much L)wl than Mr. Kielbowicz's and great care should be given to ensure that Mr. Kielbowicz "y run -off does not flood them out, nor their septic system. Mr. Kielbowicz has also filed a Notice Of Intent with the Conservation Commission, and any Special Perm- issued should be subject to any Order Of Conditions issued. Scamied d2 7 Form 8 Commonwealth of Massachusetts r !7 I° -"so DEOE File No. 246- 123 (To be provided by DEC*-) CltyRown Northampton /Applicant Ki elbowicz (David Dulong) Certificate of Compliance Massachusetts Wetlands Protection Act, G.L. c. 131, §40 From Northampton Conservation Commission - I . ssuing Authority To David Dulong RealtyWorld- Dulong & Labbee, 285 N. King. St. (Name) (Address) . Date of Issuance - September 8 1986 This Certificate is issued for work regulated by an Order of Conditions' issued to Edward Kielbowicz dated Nov_ 27,- lg84 zandissuedbythe Conservation Commission. 1. ® It is hereby certified that the work regulated by the above- referenced Order of Conditions has been satisfactorily completed.* ( see page 8-2) 2. ❑ It is hereby certified that only the following portions of the work regulated by the above- refer- enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance does not include the entire project, specify what portions are included.) 3. ❑ It is hereby certified that the work regulated by the above - referenced Order of Conditions was never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Act may be commenced without filing a new Notice of Intent and receiving a new Order of Conditions. .......................................................................................... ............................... (leave Space Blank) scanned he 8 -1 4. CSI This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in which the land is located. The Order was originally recorded on Feb. 21, 1985 (fi at the Registry of nppd g , Hamp -sb i re County , BOok 2537 , Page 91 5. 0 The following conditions of the Order shall continue: (Set forth any conditions contained in the Final Order, such as maintenance or monitoring, which are to continue for a longer period.) The work ultimately done under this Order of Conditions was in compliance with the Special Permit Decision of the Northampton Zoning Board of Appeals, dated December 12, 1984 to remove the unauthorized fill. Issued by Northampton Conservation Commission Signature(s), L 1,16 When issued by the Conservation Commision this Certificate must be signed by a majority of is members. On this �` day of a 4''lr� , 19 `��� , before me personally '.-,K n to me known to be the person described in and who executed the foregoing instrument and acknowledged that he /she executed the same as his /her free act and deed. Notary Public My commission expires Detach on dotted line and submit to the Nar1-hamptnn Cnnsprvat nn Commissi ..................................... » ........................ ... ................... » ........ » ............. .... » »..... »... ».... .»..... ................ ». « »... » » »..... »... » »....:..... T Issuing Authority Please be advised that the Certificate of Compliance for the project at File Number 946(j- ' has been recorded at the Registry of ne a ri s , Hamn ch i ra Cn„n t-y and has been noted in the chain of title of the affected property on It recorded land, the instrument number which identifies this transaction is 19 1 If registered land, the document number which identities this transaction is + r L f `f ti Signature ri8giti u_ - „_ ._. •... Applicant ichecke C.'! __. _ ... 8 -2 M -W. REALTY WORLD — Dulong & Labbee 285 N. King Street, Northampton, MA 01060 Telephone: (413) 586 -3333 September S, 1986 To: Northampton Conservation Commission Northampton, Massachusetts Subject: DEQE No. 246 -123 Dear Members, This is to request that you issue a certificate of compliance with Massachusetts Wetland Protection Act GLc131 40, section 3 of that form as the work proposed in the order of conditions was not done. A denial by the planning board to the previous owners (Kielbowicz) required that the fill placed on the site be removed in an amount to comply with the zoning laws of the city of Northampton. We, as the new owners, have had this done under the supervision of Almer Huntley & Assoc. and Mr. Ted Tewhill, building inspector of North - hampton. The letter from Huntly Assoc. is enclosed. Mr. Larry Smith viewed the site on 8/29/86 at 3:00 pm with Mr. Tew- hill and approved the site subject to the let from Huntley Assoc. stating the grades on the plan had been met. As far as we know, all other work on the site will be outside the buffer zone. We would appreciate immediate action on this request as a sale of the land is pending as soon as we receive the certificate of compliance. Sincerel vid I. Dulong Scanr_ed digitiz - "! THE REMAU PEOPLE: Each office independently owned and operated ALMER HUNTLEY, JR. &`XSSOCIATES, INC. -wool ALMER HUNTLEY, JR. PE. , RLS SURVEYORS - ENGINEERS - LANDSCAPE ARCHITECTS DOUGLAS W. THOMPSON, RLS P.O. Box 568 / 125 PLEASANT ST. / NORTHAMPTON, MASS. 01061 WILLIAM R. GARRITY, LA (413( 5847444 JOHN G. RAYMOND, PE September 4, 1986 Dulong and Labee Realty World 285 North Street Northampton, MA 01060 ATTN: PAUL LABBEE Gentlemen: We have inspected the excavation of fill on your lot on Coles Meadow Road and it appears that your contractor has lowered the grade to that shown on the plan. It appears that the house location has been changed. Please keep in mind that you are required to maintain the setbacks (as shown on our plans) from the streetline to the house to allow for sufficient area to install the leaching field. Please make it a point to inform the building inspector of the! house location change. Very truly yours, ALMER HUNTLEY, JR. & ASSOC. INC. Rich Brazeau RB /sc '.'� . r - � .� wool DEOE File No. 1 246- 123 1 (To be provided by DEC») city/Town Northampton Applicant K i e I bow i c z Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, X40 Fr om_ the Northampton Conservation Commission Tv Edward Kielbowicz same (Name of Applicant) (Name of property owner) 82 Elm Street Sheet 8 /Parcel 28 Address Hatfield, MA Addre Northampton Assessorjs Maps This Order is issued and delivered as follows: O by hand delivery to applicant or representative on (date) ® by certified mail, return receipt requested on necember 7, 1984 (date) This project Is located a t easterly side of Coles Meadow Road The property is recdrded at the Registry of Deeds, Hampshire County Book Z i ) Z_ • P age - 2 Certificate (if registered) The Notice of Intent for this project was filed on o r obe r 1 5 , 1 A RI& (date) The public hearing was cic.3ed on November 2 , 1 Ago (date) Findings The Nor thaw ton Cnn carva r i „n COMM asinu has reviewed th 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 atthistime,the Conservation Commission has determined that the area on which the proposed work is to be done is significant to the following interests in accordance won the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act (check as appropriate): CJ Public water supply 11 Cl Private water supply 17 Ground water supply CJ C] Fluod conirr)l +_] fib] Storm damage prevention Prevent pollution (siltation /sedimentatioi Land containing shellfish Fisheries ehec}..M. -. 1✓ -mope Tti #:refore,the Conservati Commission hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter- ests checked above. The Con Com mi ss ion orders that all work shag be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol- lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditions Failure to comply with all conditions stated herein, and with all related statutes and other regulatory meas- ures, shall be deemed cause to revoke or modify this Order, 2. This 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 nec"sity of complying with all other applicable federal, state or local statutes, ordMancea, by -laws or regulations. 4. The work authorized hereunder shall be competed witnin three years from the crate 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 shag be clean fill, containing no trash, refuse, rubbish or de- bris. including ut not limited to lumber. bricks, g plaster. wire, lath. paper, cardboard, pipe, tires, ashes, refrigerators, motor V6hicles or parts of any of the foregoing. T. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has liven flied, until all proceedings before the Department have been completed. 8. No work shag 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 shag 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 shag be submitted to the rn,, m issiou. on the form at the end of this Order prior to commencement of the work. 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 words, "Massachusetts Department of Environmental Quality Engineering, File Number 246 -123 10. Where the Department of Environmental Ouality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shag be a party to ail agency proceedings and hearings before the Department. 1 1 . 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: 5 -2 ,' ' .` �' +dig!0 � ..,... checked M tR Plans: ��63/- CV Title Dated Signed and Stamped by: On File with: All Dlans and mat ials submitted with th Notice of Intent including Exhibit B. PLAN OF PRO— POSED SEWAGE DIS— POSAL SYSTEM, and 5 -7 -84 Almer Huntley, Jr. Conservation Commission Exhibit B. Cross nF [Iactarn Rpgian Sections. Northampton Zoning Special Conditions (Use additional paper d necessary) Board of Appeals 1) All construction areas shall be restored to roginal condition or better upon completion of the project, including vegetation; 2) No areas within the 100 year floodplain nor within 100 feet of a wetland area, as defined in Chapter 131, Section 40, M.G.L., shall be permissable disposal sites, unless otherwise approved by the Conservation Commission; 3) Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; 4) Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas; 5) This Order Of Conditions shall apply to any successor in interest or s11ccess('1 in control L` 6) Members and agents of the Conservation Commission shall have the right to enter and inspect the premises to evaluate compliance with the Conditions and to require the submittal of any data deemed necessary by the Commission for that evaluation; 7) Swales or berms shall be constructed along the north and south boundaries of the property so as to direct surface run —off towards the rear of the property, and to prevent increased run —off from reaching the properties abutting to the north and south. 8) During construction periods and until all disturbed are stabilized, the Applicant sha'l'l implement all eros ion/ sed- imen• t• ation•• cantrah .•dev.iees•••eut•1•i•ned• •in­the-•N•.O.I (Leave Space Blank) 5 -3A SCanred 4 � d. Issued By-. _ .__ . _ Northampton ..r Conservation Commission -V-'A G This Order must be signed by a majority of the Conservation Commission. On this ea2 ,7 day of 19 — before me personally appear , to me known to be the person described in and who executed th rogoino instrument and acknowledged that he /she executed the same as his/her free act and deed. 9w z'14 -197 -, . Z4 /9 ,Fi tary Public My commission expires The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the lend upon which the proposed work is to be done or any tan residents of the city or town in which such land is located are hereby notified of their right to request the Department of Environmental Quality Engineering to issue a Superseding Order, providing the request is made by certified mail or hand delivery to the Department within ten days from the date of issuance of this Order. A copy of the request shad at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. HAMPSHIRE,SS. FEBRUARY 21,1985 at 2 O'clock and 33 mina. P.M.Rec'd.,Ent'd and Ecam'd., with Hampshire C O' t . l epiarty_of Deeds. Book 2537 Page 21. ATTEST" e > s `e c REGISTER. ,r F on necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter. eats checked above. The Conservation ommi s s i on orders that as work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the got. lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. ../ Therefore, the_____ Con Commission hereby finds that the following conditions are General Conditions 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory msas- ures, shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privikigea; it does not authorize any injury to private property or Invasion of private rights, 3. This Order does not redeve 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 shag be completed within three years from the date of this Order urdess 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 kenst 30 days prior to the expiration date of the Order. 8. Any fill used in connection with this project shin be clean fill, comb* tp no trash, refuse, rubbish or de- bris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tire*, ashes, refrigerators, motor Vehicles or parts of any of the ll"egokng. 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or. it 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 Deede or the Land Court for the district In which the tend Is located, within the chain of title of the affected property. M 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 dome. In the case of registered kind, 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 stall be submitted to the C,,..,.,,i a a 4 ou , on the form at the end of this Order prior to commencement of the work. 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 words, "Massachusetts Department of Environmental Quality Engineering. File Number 24 5 -12 3 . 10. Where the Department of Environmental Quality Engineering 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. 1 1 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: 5 -24_ ti `,► Plans: ."Noe Title Dated Signed and Stamped by. On Re with. All plans and mat ials submitted with th Not ice of Intent including Exhibit B. PLAN OF PRO- POSED SEWAGE DIS- POSAL SYSTEM, and 5 -7 -84 Ajmer Huntley, Jr. Conservation Commissi EXhibit . .J1F� °ctprn�� Sections. Northampton Zoning Special Conditions (Use additional paper if necesawy Board of Appeals 1) All construction areas shall be restored to roginal condition or better upon completion of the project, including vegetation; 2) No areas within the 100 year floodplain nor within 100 feet of a wetland area, as defined in Chapter 131, Section 40, M.G.L., shall be permissable disposal sites, unless otherwise approved by the Conservation Commission; 3) Excavated material and topsoil stockpiles shall be located and stabilized st as to minimize washing into wetland areas or waterways; 4) Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas; 5) This Order Of Conditions shall apply to any successor in interest or success in controlL� 6) Members and agents of the Conservation Commission shall have the right to enter and inspect the premises to evaluate compliance with the Conditions and to require the submittal of any data deemed necessary by the Commissic for that evaluation; 7) Swales or berms shall be constructed along the north and south boundaries of the property so as to direct surface run -off towards the rear of the proper) and to prevent increased run -off from reaching the properties abutting to ti north and south. 8) During construction periods and until all disturbed are stabilized, the Appl1*4 shall implement all e-ros ion/ sed•imen•t- ativn--ecntro•1- •devices ... out•1•i-ned ... in ..the •N• (Leave Space (dank) .. L ? check: ,• Issued By— __ _. Northan1Rton Signature(s)- lw/ Conservation Commission •l ,: � is r r, This Order must be signed by a majority of the Conservation Commission. On this L­ IK4L day of ;�` ' 19 ` , before me personally appear � -3- c e , to me known to be the person described in and who executed the egoing instrument and acknowledged that he /she executed the same as his /her free act and deed. tary Public My commission 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 fs located are twreby notified of their right to request the Department of Environmental Quality Engineering to Issue a &VeaedMg Order, providing the request Is made by certified mail or hand delivery to the Department within ten days from the date of issuance of this Order. A copy of the request shah at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Detach on dotted line end submit to the _Northampton Conservation Comm issi11irlorto commencement ofwork. .............................. ..................................................................................................................................................... ............................... To Northampton Conservation_ Commission issuing Authority Please be advised that the Order of Conditions for the project et e a s t o r l y side of Co 1_(.- s Meadow Road File Number 246 -123 has been recorded at the Registry of and has been noted in the chain 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 It registered land, the document number which identifies this transaction ia__ Signature 5 -4A Form 3 01 Commonwealth �-' of Massachusetts ' Z DEQE He No. uuby OEOE) cityrrown Northampton gppiicant Edward Kielbowicz Notice of Intent Under the Massachusetts Wetlands Protection Act, G.L. c. 131, §40 _ and Application for a Department of the Army Permit Part is General Information 1. Location: Street Address Coles Meadow Road Lot Number 2. Project: Type Filli Description Lot has been and will be filled for cons truction of a single fami 3. Registry: County Current Boo & Page — Certificate (If Registered Land) 4. Applicant Edward Kielbowicz Tel. -5481 Address 82 Elm Street, Hatfield MA 5. Property Owner Same Tel. Address 6. Representative Almer Huntley, Jr & Associatpc Tnc Tel 584 -7444 Address 125 - Pleasant Street, Northampton, MA 01060 7. Have the Conservation Commission and the DEOE Regional Office each been sent, by certified mail or hand delivery, 2 copies of completed Notice of Intent, with supporting plans and documents? Yes ® No 0 S. Have all obtainable permits, variances and approvals required by local by -taw been obtained? Yes ❑ No Obtained: Applied For: ZBA Filing f or Special Permit Subsurface sewage disposal permit _ Not Applied For. 9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L c. 131, §40A or G.L c. 130, § 105? Yes CH No ❑ 10. List all plans and supporting documents submitted with this Notice of Intent. Identifying Number,'Letter Title, Date A Locus Map B Sewage disposal plan & proposed grading C Erosion control details and procedures D Cross sections for estimated fill quanities E Flood Map F Soil conservation map & soil classification 1 1 . Check those resource areas within which work is proposed: (a) U Buffer Zone (b) Inland: ❑ Bank* Land Subject to Flooding, -- ❑ Bordering Vegetated Wetland* ❑ Bordering ❑ Land Under Water Body d Waterway* ❑ Isolated _ (c) Coastal: • Land Under the Ocean • ❑ !Designated Port Area• ❑ Coastal Beach* ❑ Coastal Dune • Barrier Beach ❑ Coastal Bank • Rocky Intertidal Shore* ❑ Salt Marsh* • Land Under Salt Pond • ❑ Land Containing Shellf ish• ❑ Fish Run • Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. See Genera l In =ctions for Completing Notice of Intent. scanne 3 -2 digitized_—_ checkf d - -- -- \,.• "%Wool' Part II: Site Description 1110 Indicate which of the following information has been provided (on a plan, in narrative description or calcuta- tions) to clearly, completely and accurately describe existing site conditions. Identifying 1110 Number /Letter (of plan, narrative or calculations) Natural Features: B Soils Vegetation A & B Topography Open water bodies (including ponds and takes) Rowir g water bodies (including streams and rivers) Public and private surface water and ground water supplies on or within 100 feet of site B Maximum annual ground water elevations with dates and location of test B Boundaries of resource areas checked under Part I, item 11 above Other Man -made Features: Structures (such as buildings, piers, towers and headwalls) Drainage and flood control facilities at the site and immediately off the site, including culverts and open channels (with inverts), dams and dikes Subsurface sewage disposal systems Underground utilities B Roadways and parking areas B _ Property boundaries, easements and rights -of -way Other Part 111: Work Description Indicate which of the following information has been provided (on a plan, in narrative description or calcula- tions) to clearly, completely and accurately describe work proposed within each of the resource areas checked in Part I, item 11 above. Identifying Number /Letter (of plan, narrative or calculations) Planview and Cross Section of: B Structures (such as buildings, piers, towers and headwalls) Drainage and flood control facilities, including culverts and open channels (with inverts), dams and dikes B Subsurface sewage disposal systems S underground utilities Filling, dredging and excavating, indicating volume and composition of material Compensatory storage areas, where required in accordance with Part III, Section 10 (4) of the regulations Other Point Source Discharge Description of characteristics of discharge from point source (both closed and open channel), when point of discharge falls within resource area the �d -under Part I, item 1 1 above, as supported by standard engine#6fM uta�iJn t �nd plans, including but not limited to the following: digitized 3-3 checked t t r 2. Clearly, completely and accurately describe, with reference to supporting plans and calculations where necessary: (a) all measures and designs to regulate work within the Buffer Zone so as to insure that said work does not alter an area specified in Part I, Section 10.02(1) (a) of these regulations; or (b) if work in the Buffer tone will alter such an area, all measures and designs proposed to meet the performance standards established for the adjacent resource area specified in Part II or Part III of these regulations. Coastal Resource Area Type Bordered By 100 -Foot Oiscret�onary Zone tdent; number or terser of supDOr documents CX Inland ._ Before work on site has started, Hay bale erosion checks will B & C be put in place to prevent silt from being washed into the vegitated wetland. Work will follow the attached procedures to minimize damage in the construction area. F scarred, 3 -5 digi�C cd checked _ Use Use " Part V: Additional Information for a Department of the Army Permit 1. COE Application No. 2 • (to be provided by COE) 3. Names and addresses of property owners adjoining your property: (Name of waterway) 4. Document other project alternatives (i.e., other locations and /or construction methods, particularly those that would eliminate the discharge of dredged or fill material into waters or wetlands). 5. a'V x 11 " drawings in planview and cross - section, showing the resource area and the proposed activ- ity within the resource area. Drawings must be to scale and should be clear enough for photocopying. Certification is required from the Division of Water Pollution Control before the Federal perrrM can be issued. Certification may be obtained by oontalcong the Dmslon of Water Pollution Control. 1 Winter Street Boston. Massacn"tts 02108 Where the acNity will take place vott the area under the Massachusetts approved Coastal Zone Management Program, the applicant certifies that his proposed actrvey complies o& and will be conducted in a manner that is consistent vAh the approved program. Information provided will be used in evaluating the application for a permit and 6 made a matter of public record through issuance of a pubic notice. Disclosure of this information is voluntary however I necessary information 6 not provided, the application cannot be processed nor can a permit be issued. I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying _ plans, d uments an supporting d a e true and complete, to the best of my knowledge. - Si of Applicant Date 444 Signature of Applicant's Repr a live Date FORM L :ception to ENG Form 4345 approved by NQUSACE. 6 May 1982". _ NED p 100 (TEST►• Massachusetts 1 MAY .This document contains a joint Department or the Army and Slate of Massachusetts aapplication $ for a permit to obtain permission to perform activities in United Slates waters. The Office of Management and Budget tONB) has approved those questions required by the U9 Army Corps of Engineers. OMB Number 0702 -0036 and expiration dale of 30 September 1983 applies ". Tbio statement will be set in 6 point type. $ Carr e "e:�- �-L -- °-•. 3 -6 digit<iz -d � checked ..sr' j N... Form 5 Commonwealth of Massachusetts DEOE File No. 246- (To be provided by DEQE) City/Town Northampton o a k Applicant Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 Fro the Northampton Conservation Commission To Joseph N. Peltier Address 279 Coles Meadow Road (Name of Applicant) This Order is issued and delivered as follows: ❑ i by hand delivery to applicant or representative on ❑ by certified mail, return receipt requested on (date) (date) This project is located a The property is recorded at the Registry of Deeds, Hampshire County Boo Page Certificate (if registered) The Notice of Intent for this project was filed on (date) The public hearing was closed on Findings (date) The Nnrtham Cn Cnmm has 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 atthistime,the Conservation 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 ❑ Storm damage prevv riries� - - { ed_ ___ • Private water supply ❑ Prevention of pollutie fl ❑ Ground water supply ❑ Land containing shellfish • Flood control ❑ Fisheries same (Name of property owner) Address same 5 -1 Therefore, the Conservation Commission hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter- ests 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 fol- lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditions Failure to comply with all conditions stated herein, and with all related statutes and other regulatory meas- ures, shall be deemed cause to revoke or modify this Order. 2. This 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 de- bris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor Jdhicles or parts of any of the foregoing. 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 submitted to the rnmmi g s i oD on the form at the end of this Order prior to commencement of the work. 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 words, "Massachusetts Department of Environmental Quality Engineering, File Number 246- ITS 10. Where the Department of Environmental Quality Engineering 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: scanrcd`� -- dtgitize t....._. --- 5 -2 checked-- -_ -.._.W - Plans: Title Dated Signed and Stamped by: On File with: Special Conditions (Use additional paper if necessary) 1) All construction areas shall be restored to original condition or better upon completion of the project, including vegetation; 2) No areas within the 100 year floodplain nor within 100 feet of a wetland area, as defined in Chapter 131, Section 40, M.G.L., shall be permissable disposal sites, unless otherwise approved by the Conservation Commission.; 3) Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; 4) Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas; 5) This Order Of Conditions shall apply to any successor in interest or successor in controlL 6) Members and agents of the Conservation Commission shall have the right to enter and inspect the premises to evaluate compliance with the Conditions and to require the submittal of any data deemed necessary by the Commission for that evaluation; 7) (if checked) Upon completion of the project, the Applicant shall submit a statement from the Project Engineer that all work has been done in con— formance with the provisions of the approved Order of Conditions. ( ) YES ( ) NO ............. ............................... ...... ............................... (Leave Space Blank) scanI'�" checked_ . 5 -3A ♦ i Y Ussu ed By Northam Conservation Commisaion f� 'This Order must be signed by a majority of the Conservation Commission. On this day of 19�, before me personalty appeare ja;ta e46e2::: , to me known to be the person described in who executed the foregoing instrument and acknowledged that he /she executed the same as his/her free act and deed. Notary Public My commission exrWes The applicant, the owner, any person aggrieved by this Order, any owner of hind 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 thek right to request this Department of Environmental Quality Engineering to issue a Superseding Order, providing the request is made by certified mail or hand delivery to the Department within ten days from the date of issuance of this Order. A copy of the request shah at the same time be sent by certified mag or hand delivery to the Conservation Commission and the applicant. Detach on dotiod line and submit to the Northampton Conservation Comm i s s i oor ior to commencement of work. Ira Northampton Conservation Commission IssuingAuthonty (Please be advised that the Order of Condltions for the project at f=ile Number 246— has been recorded at the Registry of Deed HamRch i rp Cnttn ry and has been noted in the chain of title of the alfected property in accordance with General Condition 8 on 19 r• If recorded land the instrument number which identifies this transaction is �(# r scanr.c' ._..M - . . If registered land, the document number which identifies this transaction ;signature � Applicant 5 -4A \.., - - - Fo 4 Commonwealth of Massachusetts u p .; 1.0, DEQE File No. 246 — (To be provided by DEQE) Applicant Abbreviated Notice of Intent Massachusetts Wetlands Protection Act, G.L. c.131, §40 To be used only for projects of minimum impact, as described in the General Instructions for Completing the Notice of Intent. 1. Location: Street Address 2 - 1 9 (20L5 I'Y)Qlt.") �6'0 Lot Number 2. Project: Type Al301le 6 - &4410 60104 /%LS7.S+ttsrria�/ Descriptio 3. Registry: County Hampshire Current Boo & Page Certificate (if Registered Land) 4 A li Tel. - - /76 7 Address: a 74 ���o< rnv� �R %i Aw Aladm�d=,z a,d 17w, 5. Property Owner: S.9rne_ Tel. Address: 6. Representative: N� Tel Address 7. Have the Conservation Commission and DEOE Regional Office each been sent, by certified mail or hand delivery, 2 copies of completed Notice of Intent, with supporting plans and documents? Yes ❑ No • ❑ 8. Have all obtainable permits, variances and approvals required by local by -law been obtained qr applied for? Yes ❑ No ❑ Obtained: Applied For: 9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c. 131, §40A or G.L. c.130,§105? Yes ❑ No 10. last all plans and supporting documents submitted with this Notice of Intent. Identifying Number /Letter Title /Date # / m l ", P ®LAN �_ � La Not Applied For: scanr,e , .. ` d191UZ r(1_,,..., .. 4-1 cl, ``mw 1 1. For work proposed within the Buffer Zone (as defined in Part I, Sections 10.02(2) and 10.04 of the reg- ulations) describe, with reference to supporting plans and calculations where necessary: (a) The size, shape, type and ! ocation of the proposed work. .1 • J/ D/fi e Rao ve /'dad - iq��X Va l �2a ,� e �LG��'� Z /%? e- 1 /, JY &94LS it (b) Mitigating measures and designs to insure that the proposed work will not alter the resource area which said Buffer Zone borders; or if it will alter said resource area, the mitigating measures and designs proposed to meet the performance standard established for that resource area in Part II or Part III of these regulations. 4 L1121�y_ S-e �e L�dG is >r 19 / /eo h'13a�� G�r, 1Ii2.a f��✓ _11207 & soil 0wcz�, lvkah g4 /.Z "04 a-1 e%a-?M a,— 7' _ 1_)edYJ 424 eo yea 9/ // fe /;;W// 7 �r>y G ccroe�7c�/ /LAG Se.O �iz.9i�.9�e . 12. For work proposed within Land Subject to Flooding (as defined Part III, Section 10.57(2) of the reg- ulations) describe, with reference to supporting plans and calculations where necessary: (a) The size, shape, type and location of the proposed work. N� (b) Mitigating measures and designs proposed to meet the performance standards set forth in Part Ill, Section 10.57(4) of the regulations. ' I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying plans, d ents and supporting data are true and complete, to the best of my knowledge. Sign ate of Applicant Date Signature of Applicant's Representative Dated 1L`t 4 -2 checltes 2' /FT 'rf Y / OD :-n� of /FT. it of /FT. D ( \ rs ° a x I. 0 F t I de 1 11 y I � I J � I I I N J 102 cc Z- -i 8 sr ro -, �v z,. •w n n a 0 O D 0 — PI Mc 0 o A so o ow Pi PC N O ;A m ' N � 1 ♦ S! L u _— i 1 1 flzsf' ` SP'. a lai D - h - 1 d° 4a r c '"o o Z to z o z sp MZ m sp S y Z Z 2111111 111 Form 4 i Commonwealth of Massachusetts t - i DEQE Fite No. 246 — jo be provided by = ---- City/Town Applicant Abbreviated Notice of Intent Massachusetts Wetlands Protection Act, G.L. c. 131, §40 To be used only for projects of minimum impact, as described in the General Instructions for Completing the Notice of Intent. 1. Location: Street Address 5 me- �'V A0- Lot Number a�c� C0 A/3 -� (T,Q�ccnO �60L //1ST�I «,�rria�L_— Descriptio 2. Project: Type _ 3. Registry: County Hampshire _ Current Boo a A n Q & Page Certificate (if Registered Land) 4. Applicant: Address: A _ 5. Property Owner: e Tel. -- Address: Tel. 6. Representative: �� Address 7. Have the Conservation Commission and DE�E Regional Office each been sent, by certified mail or I Intent, with supporting plans and documents? hand delivery, 2 copies of completed Notice o Yes O No • (] lied 8. Have all obtainable permits, variances and approvals required by local by -taw been obtained 4r app for? Yes 0 No O Not Applied For: Obtained: Applied For: -- ------- Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. C. 131, §40A or G.L. 9 . C.130,§105? Yes O No j 10. List all plans and supporting documents submitted with this Notice of Intent. Identifying Title /Date Number /Letter 4 -1 j r" .../ 1 1. For work proposed within the Buffer Zone (as defined in Part I, Sections 10.02(2) and 10.04 of the reg- ulations) describe, with reference to supporting plans and calculations where necessary: (a) The size, shape, type and !ovation of the proposed worts. i9Qa ve G /�uu �� �G�L e i�5 - ;;V o a 2 IZU7 411-41— fl�,o Vol ��zar� � 6t�f�i' L�i� tY.s�y �.s�1s (b) Mitigating measures and designs to insure that the proposed work will not alter the resource area which said Buffer Zone borders; or if it will alter said resource area, the mitigating measures and designs proposed to meet the performance standard established for that resource area in Part II or Part III of these regulations. � . 7p 7lr e /�L Cb ed 61 - lo arc 2 KC,c u% 7 /OTC of -fie soil o f� -7W Lrj T 11,7 %!nom //r9� ,a.914r' - STp/eGs AF J)2G��G7�O c7/�. a 4V411 � y a se, �i2Ar "7.9ere - 7 A.?Y G ccior�7c . /zPL� 12. For work proposed within land Subject to Flooding (as defined irPart III, Section 10.57(2) of the reg- ulations) describe, with reference to supporting plans and calculations where necessary: (a) The size, shape, type and location of the proposed work. N� (b) Mitigating measures and designs proposed to meet the performance standards set forth in Part III, Section 10.57(4) of the regulations. I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying plans, dents and supporting data are true and complete, to the best of my knowledge. Sign at of Applicant Date Signature of Applicant's Representative Date , 4 -2