Loading...
08-054 252 cole meadows road planningiigitizei FORM A �►.��ea NORTHAMPTON, MA APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL File six completed forms and plans and one mylar with the City Clerk and the Planning Board in accordance with the requirements of Section 3.02. I (we) believe that the attached plan of property in the City of Northampton does not constitute division within the meaning of the Subdivision Control Law, and herewith submits said plan for a determination and endorsement that Planning Board approval under the S Control Law is not required. 1. Ap plicant rent or : r pp (print type): UL3D�lfE,� Signature: Address: Z Z 0-0(-e5 I Ie4poAJ /ZA-O Phone: 2. Owner (print or type): SA Signature: Address: Phone: 3. Surveyor (print or type): 44.0 f• - Signature: _ Z 3S /2vssr -6c 59+-7579 Address Phone 4. Deed or property recorded in Hampshire County Registry of Deeds or Land Court: Book / 5 5 5 Page - /7 . Location and Description of Property: f lop 6. Assessor's Map ID: 8 Lot(s): 5¢ Date Submitted for P nnin Date Planning oa d �� Board Approval: Decision File `� City Clerk (sign ture . City Clerk (signatur (111M) SUBDIVISION REGULATIONS - - - - -- -PAGE 60 jigitize' FORM A NORTHAMPTON, MA APPLUCATI D J FOR O R QU RE APPROVAL OF PLAN BELIEVE the City Clerk and the completed f and plans and one mylar with 3.02* cordance with File five comp the requirements of Section planning Board in ac plan of his /her property To the Planning Board: p of the that the a ccompanying the meaning and division within determination The undersign s not ed believing for a ton doe $ bmits s plan Law is not Control in the City of Nort Law, her Subdivision ewith Subdivisio Control Board approval under the endorsement that Planning require as.c1. Kvb oSick ,.�ar Sig ature 1. Appli print or type name 1� 584_�p�°� Npr \gym Dh Phone Address `(�b H � °� i Ros,�, Kvbos��k Signatu e 2 2. owner a name 3 print o t ype Phone Address ANn A SU NL Signature 3. Surveyor print or type name Z3S �uSSFl -L S {LEES phone 4 Address ` E C Deed or property recorded in 1 l9 ` ZS \ter c�e�yr5 age Or � � Book Property: ption of Prop l p �o,, 0� �z Location an d D�o� - 'k bF-� n�j 0` P 5. OTC M4�p o r �t�5eS5 or S $ Lot 6. Assessor's Map IE B and Date Planning z ovember 2 Date submitted Planning Decision Fil "'t Board App City Clerk: (Signa ur City Cl erk: - - (Signatur (8/13/91) —PAGE 60 SIIBDIVISION REGULATIONS -- -./ TO: File FROM: Cynthia R. Williams, Conservation & Land Use Planner DATE: May 12, 1998 SUBJ: Subdivision of land on Coles Meadow Road On May 12, 1998 Wayne Feiden and Cynthia Williams met with Barbara Barker (584 -1010) regarding the subdivision of land on Coles Meadow Road. We discussed the following as options for creating legal building lot(s) for Henry and Rose Kubosiak: 1) Recombine lots and apply for a cluster development (this requires four contiguous acres of land - of which 50% is dedicated open space). 2) Change property boundary to comply with lot depth requirements and: a) tear down part of shed to meet setbacks; or b) relocate shed in order to meet setbacks; or c) include shed as part of first lot (Henry and Rose Kubosiak's lot) 3) Apply for a Variance to lot depth requirements on first lot; however, staff will recommend that the Zoning Board does not approve this Variance. Zoning Board is a citizen board and does not necessarily act on staff recommendations. 4) Exemption for dividing lots between existing buildings applies to structures built before 1954. N..i ...W Office of Planning and Development " City of Northampton �tgttiae� _ City Hall • 210 Main Street Northampton, MA 01060 • (413) 587 -1266 FAX (413) 587 -1264 • EMAIL planning@city.northamptoti.ma.us -Conservation Commission -Historical Commission -Planning Board • Housing Partnership -Zoning Board of Appeals DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS APPLICANT: APPLICANT'S ADDRESS: OWNER: OWNER'S ADDRESS: Henry Kubosiak and Rose Kubosiak 262 Coles Meadow Road Northampton, MA 01060 Henry Kubosiak and Rose Kubosiak 262 Coles Meadow Road Northampton, MA 01060 RE LAND OR BUILDINGS IN NORTHAMPTON AT: 262 Coles Meadow Road ASSESSOR'S MAP and PARCEL NUMBERS: MAP 8 PARCEL 54 At a meeting conducted on September 2, 1998, the Northampton Zoning Board of Appeals voted 2:0 with one abstention (Snyder) to DENY the request of Henry Kubosiak and Rose Kubosiak for a VARIANCE to allow a lot which does not meet the lot depth requirement of the Northampton Zoning Ordinance at 262 Coles Meadow Road. Zoning Board Members present and voting were: Chair Mark NeJame, Larry Snyder and Associate Member Bill Brandt. In DENYING the request for a Variance, the Zoning Board of Appeals found: There are circumstances relating to the soil conditions, shape or topography especially affecting such land or structure but not affecting generally the zoning district in which it is located. 2. A literal enforcement of the Ordinance would involve substantial hardship, financial or otherwise, to the applicant. However, the hardship was self - created because the nonconforming lot was created by the applicant by the recordation of an Approval Not Required (ANR) plan which included a lot which did not meet the lot depth requirement of the Zoning Ordinance. 3. Relief could be granted without detriment to the public good, however, the granting of this variance would substantially diminish the intent and purpose of the Ordinance. ORIGINAL PRINTED ON RECYCLED PAPER Pursuant to Massachusetts General Laws (MGL), Chapter 40A, Section 11, no Variance, 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 Zoning Board of Appeals hereby certifies that a Variance has been DENIED 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 or the Northampton District Court--and notice of said appeal filed with the City Clerk within twenty days (20) of the date that this decision was filed with the City Clerk. APPLICANT: Henry & Rose Kubosiak - 262 Coles Meadow Road DECISION DATE: September 2, 1998 DECISION FILED WITH THE CITY CLERK: September 28, 1998 'h9itizec 4 . 9k;ked `, Office of Planning and Development City of Northampton City Hall • 210 Main Street Northampton, MA 01060 • (413) 587 -1266 FAX (413) 587 -1264 • EMAIL planning@city.northampton.ma.us -Conservation Commission -Historical Commission -Planning Board • Housing Partnership -Zoning Board of Appeals Northampton Zoning Board of Appeals Minutes of Meeting September 2, 1998 �igitizec ,_, The Northampton Zoning Board of Appeals held a meeting on Wednesday, September 2, 1998 at 7:00 p.m. in the Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, MA. Present were Members: Chair Mark NeJame, Larry Snyder and Associate Member William Brandt. Staff. Senior Planner John Bennett and Board Secretary Laura Krutzler. NeJame called the meeting to order at 7:05 p.m. NeJame introduced the members of the Board and recessed the regular meeting in order to open the first public hearing. NeJame read the notices advertising tonight's hearings and explained the procedure he would use in conducting the hearings. At 7:14 p.m., NeJame opened the Public Hearing on a request filed by Henry Kubosiak and Rose Kubosiak for a Variance from the requirements of Section 6.2 of the Zoning Ordinance to allow a lot which does not meet the lot depth requirement of 200 feet for property located at 262 Coles Meadow Road, also known as Assessor's Map 8, Parcel 54. Donald W. Miner of Harold L. Eaton & Associates presented the application on behalf of the Kubosiaks, accompanied by the applicants' attorney, Donna Mansfield of 114 Main Street, Northampton, and the applicants' daughter. As background, Miner explained that the Kubosiaks had previously owned property on Damon Road, which was taken twenty -five years ago for the industrial park. Miner said that the Kubosiaks then purchased seventy -five acres on Coles Meadow Road and moved their demolition business to the site and built a house there. He explained that, since then, the Kubosiaks had sold some building lots to enable them to build a new house and had given their children parcels of land to build houses for themselves. With regard to the Variance request, Miner explained that, earlier this year, the Kubosiaks hired- Eaton & Associates to prepare a plan to allow them to give a piece of property including a workshop and a garage to their son Edward. He noted that, because of zoning requirements, [the prepared plan] had to include a side setback [from the workshop] of ten feet. He noted that the plan was prepared with the intent of also creating a lot to be given to the Kubosiak's daughter and with the intent that ORIGINAL PRINTED ON RECYCLED PAPER Nftalle ...- 'iigitizet- - remaining land would be given to their tvVms s He reported that the plan was reviewed and signed by the Planning Board and recorded [at the Registry of Deeds]. Miner informed members that when he went to set the iron pins, they fell in a slightly different location [than shown on the original plan], so he was asked to prepare a revised plan. When the revised plan went before the Planning Board, it was determined that the property containing the parent's house did not meet zoning requirements because it did not meet the two hundred foot depth requirement at the place where the principal structure was located. (The depth was about seven feet short.) Miner said that when the issue came to light, people went to the Planning Department and also checked in the Registry of Deeds. Miner alleged that the plan on record at the Registry was different from what was signed because the record plan included a notation that, "This is not a building lot,... " Miner said he did not know how or why, but the plan had been altered. Miner explained that the Kubosiaks intend to keep the property so that Henry has a place to live and to [eventually] give the lot to their daughter. Variance Criteria. In support of the Variance, Miner noted that the property is complex in that the entire parcel has a wide range of topography, including wetlands and areas now flooded because of beavers in -Broad Brook. He noted that the property also had an area of ledge which restricted where the owners could put a house, adding that the Kubosiaks felt that these were reasons the Board could grant relief. Miner indicated that the structures could not be moved because there was rock ledge which would prevent excavation. Miner further stated that, "Unconsciously, an illegal lot has been created, and we feel that a Variance is not going to be detrimental to any of the parties." He observed that there was a hardship on the family right now, as they were "very very distressed_by this issue." Rose Kubosiak is presently in a nursing home, and the Kubosiaks "just want to get [the situation] cleaned up," Miner said. Members asked questions to clarify the information which had been presented. In response, Miner presented the following additional information: - - -- The lot depth in the area of the house is one hundred and ninety -three (193) feet. Miner indicated that the owners could not alter this line because doing so would create a zoning violation on the other side. Brandt asked why the Kubosiaks don't tear the workshop down? Miner responded that the structure is used by the family for maintaining and repairing their vehicles. Bennett explained that when a Form A plan is submitted, the Planning Board is limited to looking only at the frontage and is not able to consider other zoning requirements. As a general rule, when there is something that looks questionable, the Planning Department puts a stamp on the plan stating that "The Planning Board has made no determination as to conformance of this lot with the provisions of the Zoning Ordinance." Bennett said that such a stamp did not get applied to this plan. 2 Miner added that, as a courtesy, staff also usually contact the surveyor involved, and this was not done in this situation. Bennett commented that the error was not caught at the surveying level or the review level, so [the plan] went through. In response to a question from Brandt, Bennett confirmed that detached accessory structures require a ten -foot setback in Rural Residential districts. Saying he wanted more information about the financial hardship, Brandt asked how expensive it would be to cut off the back of the workshop and put up a new wall? Miner responded that he did not know that there was a financial hardship. He clarified that the hardship was the result of the ill feelings created by this situation. However, he added that, if the Variance was not granted, there would be a financial hardship in that the applicant would have to file a lawsuit against the City of Northampton, the Zoning Board of Appeals, etc. Miner pointed out that the applicant does not own the structure anymore, so he has no legal rights to do anything. He informed members that, not only was the plan been recorded, but the father and mother already conveyed the piece of property, so they had no legal rights t �� titer it Scallixt . 1 NeJame asked if there were any public comments? h91hZe _. qt�: Kea Donna Mansfield, the attorney for Henry and Rose Kubosiak, confirmed that the Kubosiaks deeded the property to their son and daughter -in -law on March 13th. She reported that the elder Kubosiaks attempted to enter into negotiations with their son and daughter -in -law to'redeed the property back to correct the problem. Also, Henry Kubosiak was willing to demolish the building, but the son has refused, she said. Mansfield advised members that the situation has been a financial and emotional hardship on the Kubosiaks, leading to them be hospitalized and on medication. The Kubosiaks went through the appropriate process to have the plan approved, but now, unfortunately, the land is out of their control, she commented. Mansfield said that if the Board denied the Variance, the Kubosiak's only avenue would be to file suit to try to get the deed nullified based on fraudulent representation. She emphasized that no one wanted to go that route, as it would be very costly for everyone involved. She explained that, unfortunately, Edward Kubosiak did not want to demolish a perfectly good structure (the workshop). Also, the property has rock ledge, so if the structure is demolished, it is questionable how much money it would take to rebuild. She stressed that it would be a tremendous financial hardship if the Zoning Board denied the Variance. Debra Hoynoski of 206 Coles Meadow Road stated that she saw no reason why a Variance should not be accorded in this case. Barbara Barker of 247 Coles Meadow Road, the Kubosiak's daughter, expressed support for the Variance. She commented that her parents were very upset about this, and "being in their eighties, they should not have to go through this." 3 on M NeJame asked if anyone wished to speak in opposition? No one spoke. NeJame remarked that he had been doing research on Variances today, and one thing that was very clear was that, if someone created their own hardship, they were not entitled to a Variance. He noted that this seemed to be the case here, since the Kubosiaks created the [nonconforming] lot. NeJame commented that he felt emotionally like the Variance should be granted, but, legally, [the application] did not meet the requirements because [the nonconformity] was self - created. Brandt asked to discuss this point. He questioned whether the nonconformity was self - created with knowledge, in particular, whether the applicant created the lot with the knowledge that it was not a building lot? NeJame discussed the process of Form A approval. He noted that the applicant submits a plan and asks the Planning Board to sign off on it. He pointed out that approval of the plan is required if the lot meets the criteria in terms of frontage and lot size. He suggested that the plan did not show the nonconforming dimension of one hundred and ninety -three feet and commented that he did not see any culpability on the part of the Planning Board in approving the plan. In response to another question from Brandt, NeJame and Bennett confirmed that the burden [of insuring that the lot met all zoning requirements] was on the applicant. Bennett noted that the plan was filed in March. He advised members that there had been a lot of effort to try to resolve the situation short of Variance and that staff had thoroughly explained to the applicant that a Variance was hard to achieve. He noted that considerable effort had been expended in trying to redraw the plan and knock off part of the garage, but all to no avail. Bennett added that it was also explained that staff could not recommend granting the Variance5cd,,,,, ' tngn tize� - Brandt asked what the alternatives were if the Variance was denied? r �,� ; geo Mansfield said the Kubosiaks would be filing suit against the City, Eaton & Associates and Edward & Shirley Kubosiak. Mansfield told ZBA members that the Planning Department also explained to Rose that the Planning Department had the right to throw the couple out of their home of twenty -five years because technically the lot was not a building lot. Regarding whether the hardship was self - created, Mansfield argued that the Kubosiaks were "a couple in their 80's who went through all the appropriate steps known to them" to be in compliance. She noted that the issue would not have come up except that Henry wanted to deed property to his daughter and discovered the notation "This is not a building lot" on the plan at the registry. She said they then approached the Planning Department to try to get the plan approved in the most expedient and inexpensive way possible. Mansfield stressed that the situation had really been a drain on the Kubosiak's, noting that they tried to divide up their property to deed it to their children and did not realize that they were going about it in an inappropriate manner. - Ioynoski pointed out those present "were only talking about seven feet." 4 '" .Mw NeJame commented that, had the Kubosiaks known from the start, they would have done something about the garage, and this would all be moot. However, Miner countered that they would not have been able to do anything. He pointed out that the section of the Zoning Ordinance in question was "clouded under definitions." The Kubosiaks would not have been able to divide off the lot to meet zoning regulations, Miner stated. Hoynoski commented that she thought the nonconformity was self - created by error. She pointed out that people hire professionals to do what they were supposed�nd that she thought there were gray areas here. iigitizec. NeJame related an example of a similar case that he had been reading that day, where parents wanted to chop off a piece of land so that their son or daughter could have a building lot. The parents created a lot, but when they went to build on it, they discovered that they had created a nonconforming lot. The parents went to the Zoning Board of Appeals. The Board granted a Variance, but somebody appealed the Variance, and the case was overturned. There were very similar facts in the two cases, he observed. Mansfield pointed out that there did not seem to be a threat of anybody appealing this from the audience. She added that there was no damage being done to anybody at this point except the applicant. NeJame commented that, as far as the City being a defendant, he thought [an appeal] would be dismissed right away. Mansfield countered that the applicants were before the Board on the advice of the City Solicitor Brandt said that he had trouble because the lot was only created several months ago, presumably with good advice. He said he did see the hardship as self - created, although not by the applicant but by their advisors. He continued that he thought it set a bad precedent to start granting variances where there was a self - created hardship, because it would not stand up in a court of law. He added that he thought maybe the matter did belong in a court of law. Snyder moved to close the public hearing. Brandt seconded. The motion passed unanimously 3:0. Brandt stated that he would have to vote against the application, because he could not grant a Variance since he thought [the hardship] was self - imposed. Barker asked who they thought created the hardship? Brandt answered that it was not without a heavy heart which he acted, but he did not think the request met the criteria because the hardship was self - created. Brandt moved to deny the application. Snyder seconded. The motion passed 2:0 with one abstention (Snyder). R 5 , iig�� ize L! Office of Planning and Development "iigir izec _. City of Northampton I Kea City Hall • 210 Main Street Northampton, MA 01060 • (413) 587 -1266 FAX (413) 587 -1264 • EMAIL planning@city.northampton.ma.us *Conservation Commission *Historical Commission -Planning Board • Housing Partnership -Zoning Board of Appeals PUBLIC HEARING NOTICE The Northampton Zoning Board of Appeals will hold a meeting on Wednesday, September 2, 1998 at 7:00 P.M. in Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, to conduct Public Hearings on the following: - - -- Public Hearing on a request filed by Daniel Curylo and Laurel Curylo for a Finding to extend a pre - existing nonconforming structure under Section 9.3 (1)(D) of the Zoning Ordinance for property located at 50 Grant Avenue, Northampton, also known as Northampton Assessor's Map 25C, Parcel 112. - - -- Public Hearing on a request filed by Henry Kubosiak and Rose Kubosiak for a Variance from the requirements of Section 6.2 of the Zoning Ordinance to allow a lot which does not meet the lot depth requirement of 200 feet for property located at 262 Coles Meadow Road, also known as Assessor's Map 8, Parcel 54. - - -- Public Hearing on a request filed by Kevin G. Keilty for a Finding to extend a structure on a pre - existing nonconforming lot by under Section 9.3 (2)(3) of the Zoning Ordinance for property located at 21 Longview Drive, Florence, also known as Assessor's Map 36, Parcel 145. PUBLISH: August 19, 1998 and August 26, 1998. BILL: Office of Planning and Development, Account #71350 210 Main Street, Northampton, MA 01060 08/13/98 12:48 x$'94135871264 NORTHAMPTON, MA ACTIVITY REPORT TRANSMISSION OK TX /RX NO. 3773 CONNECTION TEL 95855222 CONNECTION ID START TIME 08/13 12:47 USAGE TIME 00'52 PAGES 1 Q001 RRSrrr T nK vJD-- h - M- EM0- R- A-NDUM TO: Mark NeJame, Chair, Zoning Board of Appeals g`zt.l Sg FR: Samuel B. Brindis, P.E., Director, Department of Public Works DA: August 25, 1998 RE: File # 98 -V -9 262 Coles Meadow Road CC: file The Department of Public Works has reviewed the above referenced application for the following items: Traff c: Volume & Impact on City Street X Roadway Capacity Adequacy of City Road Construction Site Distances Parking Driveway Openings Utilities: Drainage Into City Stormwater System Capacity of Stormwater Line Sanitary Sewer Water Other: The Department of Public Works has the following comments: _X No Concerns, project will not have an impact on any items reviewed Traffic Study is required Roadway does not have adequate capacity to handle the additional traffic Roadway is not adequately constructed to handle proposed increase in traffic Site Distances are not adequate for proposed project Parking spaces do not meet minimum requirements Parking spaces are too close to driveway opening Driveway openings are not adequate for proposed use City stormwater system is not adequate to handle increase in drainage Stormwater system does not meet minimum requirements for reduction of Total Suspended Solids (TSS) Sanitary Sewer line is not adequately sized for proposed use Sewer line connection is not properly shown Water line is not adequately sized for proposed use Water line connection is not properly shown Other Comments: r 1. 2. 3. 4. 5. 6. 8. -11V " S(:di1t�� A o tt � I •atgt1i _ CITY OF NORTHAMPTON VARIANCE APPLICATION AUG - 6 1998 CITY CLERKS OFFICE NORTHAM MA 01060 Applicant's Name: HENRY & ROSE KUBOSIAK Address: 262 Coles Meadow Road Phone: (413) 584 -0324 Parcel Identification: Zoningg Map # 8 Parcel #'s 54 Zoning District RR Street Address: 26Z Co 1 es Meadow R Status of Applicant X Owner; Other (explain) Property Owner's Name: Address: hone: VARIANCE is requested under Zoning Ordinance Section 6 . 2 Page - Describe proposed work and/or project (use additional sheets if necessary): No work will be done on the property. The variance is that the lot be allowed as per th plan approved by the Planning Board. 7. Attached Plans: Sketch Plan Site/Plot Plan X None Required How does the proposed work and/or project comply with the Variance Criteria listed below: (See: "Applicant's Guide" for assistance to filling out the questions listed below) A. Are there circumstances relating to soil conditions, shape or topography of the land or structures (where the variance is being requested) that effects only this property/structure, and not other properties in the neighborhood? NO * (see note at bottom of page) YES _ X If yes, explain what condition(s) exist: The Planning Board on 3/6/98 approved a plan submitted by the o wn e rs. — determined that the parcel retained bV the owners was not in co mpllance with zoning reguirements B.(1) Would a literal enforcement of the Zoning Requirements create a hardship, financial or otherwise? e * If this is checked, you may not qualify under the statutory requirements for a Variance, but have the right to apply to the Board of Appeals for relief from any requirement within the Zoning Ordinance. same Contract Purchaser; Lessee NO * (see note at bottom of page) VRS X If ves. explain below: ..mole (2) If a Variance is not granted, would the applicant be denied all use of the propert SCdilllt , NO X * (see note at bottom of page) �aigiti YES If yes, explain below: _ zet ig i t i eet (3) Is the hardship self - created? YES * (see note at bottom of page) NO — X If no, explain below: rawn. C. (1) Can relief be granted without detriment to the public good? YES X NO (2) If granted, would the variance nullify or substantially derogate from the intent or purpose of the Zoning Ordinance? YES * (See note at bottom of page) NO X If no, explain why, below: his is not a request for build or changing the physical >iti n of the property. It involves a variance of e depth requirement W' to 193'. The neighborh would no a narmed in anyway. D. Is your request for the smallest relief possible? NO * (see note at bottom of page) YES X If yes, explain below: Th� variance req uest asks that the lot as approved by the Plannina'Board be allowed This does not crea e a ar s ip on anyone 9. Is a Certified Abutter's List attached? YES X NO (if checked no, the application will not be accepted). 10. I hereby certify that I have read the "Applicant's Guide for Complying with Variance Criteria", and that the information provided in this application is true and accurate to the best of my knowledge. DATE: APPLICANT'S SIGNATURE: Print name here: DATE: 8/4/98 OWNER'S SIGNATURE (if not the applicant) Printnamehere: Henry & Rose Kubosi Aly * If this is checked, you may not qualify under the statutory requirements for a Variance, but have the right to apply to the Board of Appeals for relief from any requirement within the Zoning Ordinance. A W y, 01 ,on 7z e�o� 0 y / e - ,i- rn�n�sf�r20 my molly ,Sr4 e-er * ...i File # MP -1999 -0005 APPLICANT /CONTACT PERSON Henry Kubosiak ADDRESS/PHONE 262 Coles Meadow Road (413) 584 -0324 () PROPERTY LOCATION 262 COLES MEADOW RD MAP 08 PARCEL 054 ZONE R - jigitizet *kt :, Keo THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST REQUIRED DATE Building Permit Filled out Fee Paid Type of Construction: New Construction Non Structural interior renovations Addition to Existing Accessory Structure Building Plans Included: Owner/Occupant Statement or License # 3 sets of Plans / Plot Plan THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION: Approved as presented/based on information presented. V Denied as presented: Special Permit and/or Site Plan Required under: § PLANNING BOARD ZONING BOARD Received & Recorded at Registry of Deeds Proof Enclosed Finding Required under: § w /ZONING BOARD OF APPEALS Received & Recorded at Registry of Deeds Proof Enclosed Variance Required under: § 1� -_Z. _ w/ZONING BOARD OF APPEALS ®0es_z Go7 O��Tr/ Zao ' Received & Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability 40 =f Well Water Potability • %. x � ,`� Board of Health Permit from Commission Signature of BuildAj Official Date Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning requirements and obtain all required permits from Board of Health, Conservation Commission, Department of public works and other applicable permit granting authorities. ..00 FORM A NORTHAMPTON, MA �rgttize� - Kea APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL File six completed forms and plans and one mylar with the City Clerk and the Planning Board in accordance with the requirements of Section 3.02. I (we) believe that the attached plan of property in the City of Northampton does not constitute division within the meaning of the Subdivision Control Law, and herewith submits said plan for a determination and endorsement that Planning Board approval under the S Control Law is not required. ,/ r 1. Applicant (print or type): /1L Nl�V' U[VOS/Ae Signature: Address: Z Z ` - Le-_s lt*�e400'4-) AZA -0 Phone: 2. Owner (print or type): S,4-,olQ Signature: Address: Phone: Surveyor (print or type) Signature .� Z .3S/2uss� t� /� AOL�c�/ &r8l- -759 9 Address Phone 4. Deed or property recorded in Hampshire County Registry of Deeds or Land Court: Book �eS Page Location and Description of Property: "J/ h.gitl !� O pt/ /l1 6. Assessor's Map ID: 8 Lot(s): 5¢ Date Submitted f or P nnin Date Planning Board Board Approval: c IyYd ��Deciision File City Clerk (sign ture . a City Clerk (signatur ('1/1%98) SUBDIVISION REGULATIONS -------- PAGE 60 33.7' � O to CA �p N J Cri W O m s 10.5' IMR W O O ►00 O N J. L 29,1 ' ..✓ N 61'29'10" E 200.00' ---- -- HENRY P. AND ROSE S. KUBOSIAK LOT 1 44520 + /- SQ. F7, 1-0220+/-, ACRES PORTION OF BOOK 1585, PAGE 67 SEE: PLAN BOOK 174, PAGE 234 --- S 61'29,' 10" W 203.71' EDWARD W. AND SHIRLEY M. KUBOSIAK 4 BOOK 4123, PAGE 77 SEE: PLAN BOOK 63, PAGE 69 - LOT #10 SEE ALSO: PLAN BOOK 174, PAGE 234 N N q cn O QD o i L 06 O to �n o O l o s m 1 E A�L 0T JUL 2 1 €?EFT OF 8N0,! 3,; ;!,?E% f2 1 File NO Scait"'L ' — / 410 ��g� �igtfize 3NG PEMMff T APPLLCATXON PLF�SE TYPE OR PRINT ALL INFORI-flITION 1. Name of Applicant: Henry & Rose Kubosiak Address: 262 Coles Meadow Road Telephone: 413 - 584 -0324 2. Owner of Property: Same Address: Telephone: :3. Status of Applicant: X Owner Contract Purchaser Lessee Other (explain): 4. Job Location: 262 Coles Meadow Road Parcel Id: Zoning Map # Parcel# District(s): (TO BE FILLED IN BY THE BUILDING DEPARTMENT) 5. Existing Use of Structure/Property_ Single Family Residence 6. Description of Proposed Use/Work/Project/Occupation: (Use additional sheets if necessary): Make lot conform to zoning. Sub - division of land made lot of 2 Col( Meadow Road Non - Conforming by error. E rror not caught by Planning Dept. or Surveyor 7. Attached Plans: Sketch Plan Site Plan X Engineered/Surveyed Plans Answers to the following 2 questions may be obtained by checking with the Building Dept or Planning Department Files. 8. Has a Special PermitNatiance/Finding ever been issued for /on the site? NO X DON'T KNOW YES IF YES, date issued: IF YES: Was the permit recorded at the Registry of Deeds? NO DON'T KNOW YES X IF YES: enter Book Page and /or Document # 9. Does the site contain a brook, body of water or wetlands? NO X DON'T KNOW YES IF YES, has a permit been or need to be obtained from the Conservation Commission? Needs to be obtained Obtained , date issued: (FORM CONTINUES ON OTHER SIDE) 10. Do any signs exist on the property? YES NO X IF YES, describe size, type and location: Are there any proposed changes to or additions of signs intended for the property? YES NO X IF YES, describe size, type and location: I1- ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION. This cola to be tilled in by the Building DePnrtment 1.11dZ zne - inrormation contained herein G is true and accurate to the best of my knowledge. DATE: July 1, 1998 APPLICANT 's SIGNATURE ' NOTE: Issuance of a zoning permit does not relieve an appiioanv= u t wit zoning requirements and obtain ail re uired 4 permits from the Board of Health, Conservation CCommisslon, 13 epartment of Publio Works and other applicable permit granting authoritjos FILE I Existing Proposed Kequired i By Zoning Lot size 44520 Sq . Ft. Frontage 226.39 Ft. Setbacks - frnnt -side L. , __79- R: 9p. t: R• a C3 -rear 29' Building height Bldg Square footage %Open Space: (Lotarea minus bldg &paved parksng) V # Pf - Parking spaces # of Loading Docks Fill: .4 vOl -ume - -& location) I3 _ C'Prti fir -at; r s,_ _L_ 1.11dZ zne - inrormation contained herein G is true and accurate to the best of my knowledge. DATE: July 1, 1998 APPLICANT 's SIGNATURE ' NOTE: Issuance of a zoning permit does not relieve an appiioanv= u t wit zoning requirements and obtain ail re uired 4 permits from the Board of Health, Conservation CCommisslon, 13 epartment of Publio Works and other applicable permit granting authoritjos FILE I 's 1. dittx. p IIgtitze. qty,, Kea v\ N i.i G� w w 0 0 H b d o cl O A w W V a b N ^d N d bq v+ O a a O Gn � � O GltAki *90, 1... O O O. 0 0 0 O O O O O O O O O O O O O O 1 C14 O O O O O O O O O O O O O O O O O O O O O z O O o z O z z z z z z z p z z z z z O z z z z z O z O O 0 0 0 O 0 0 0 0 0 0 0 0 O O O O O 9 0 �� x x z x x x� x� x x x a x x x x x a s as as w as O g 0 0 0 0 0 O rn 0 0 0 0 0 0 0 0 0 0 0 0 O z 0 z z z z z z z M z z z z z z z z z z z z z x 3 ° z 3 3 3 3 3 3 W 3 w 3 3 3 3 3 3 3 3 O R 3 3 3 3 x 3 0 0 0 0 0 0 0 0 0 0 0 0 0 q O q O O O H O O O O O w W W W W W W N � a xxaaaaaa�a�aaa�,aaaaa aaa.a a o z z 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 9 0 �O O O O [- 00 M M V'1 C� r- H O O "O 00 N O --+ O V'1 C� 1 10 [- It 7 - N N V'1 It O N V'1 V'1 O 't� .--+ O M O M n 00 00 00 .--+ N M P. M M M N N N M M M M N N N N M 7 azU QQ ¢ z w a o Q W O cn Q z a w0 � x x C7 0' v0 Z � � :d o W t' cn z zzi c4 w w � 8 a u U U Z 9 A¢ x z P 3 q¢ O O O¢ W 0 0� w `� `r' x O O rw Q Z a U F"a AW w x w` w �Wa c7 C H Q rw CA� c7 Q 3 Z O Z a� ¢ `�0000¢ z oo u x ao x 000 W W O z w 0 0�� ¢� 0 O W 0 ¢ O z > >wasasasUwQ7 x xx� aa � ' a � 33 arx rxrxrx a aa.a; aa;aa;a a;rxaa; rx 0 0 q gq 0 0 0 0 0 0 0 O O O O O O O O O O 0 owwowu�wowowu��w�'¢�www�wow�w� wow O O O o O O 0 0 0 0 0 0 0 0 0 0 0 0 o x a x a U U a U U U a U a U U U U U U ° _U U a U U U U a 0 0 0 0� °� O N ,W) v 0 N 0 o 1n m o 0 v" o p o M 0 m r- 00 0 0 z U z U N N U M N M U M U M M N z N N M M M U N N N N U t .--r .--+ - .--r .--+ - .--+ - .--r .--r .--r .--i .--r .--r .--r .--i .--r .--i .--i O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M V'1 N 1 .0 � V'1 O V'1 [- 7 r- O V'1 M 4 00 ON O\ M - 4'1 4'1 M M 4'1 O N N V'1 N 1 10 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O [ 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O rn 0�1 W r scannc-1, digitizes ehecked-- DEC ISION OF PnAr-r, APrEALS At a pudic hearing of the Boar of Appeals he •.d on APAIL 24, - 19?1 at in the Council Ro City ,gall, Northampton, Massachusetts, 1: on the pet of HENRY & ROSE KUBOSIAK,,, 41 DAIMON ROAD NORTHAMPTON,, MASSACHUSETTS, for a varlatio&frow,the r*q ui -rements"Of Secti it u. PaEmm h W 4 of C414pter-44 of tbo d4t Or4i=---- 08 Of the C ity of Korthampton, for the parpose Of HA G ;ST KA AND EQUIP AR b JtbW*x9WkxxXzk COLES MEADOW ROAD. the Board voted unanimously t gra4k, t '` j 0 DRAW WITHOUT PREJ ab*" MAU TO 1� -UDICE. BOARD OF AppL4.LS fAN PLEAS PRINT CA Ps IN B LACE 'MIMI il-ffl 7"e =P" DECISION OF BOARD OF APPEALS , iigi'tize( - At a public hearing of the Board of Appeals held on June 222,— 97 1 at 0 P.M. in the Council Room, City Hall, Northampton, i assachusetts on the petiti on of HENRY & ROSE KUBOSIAK 41 DAMON CAD NORTHAMPTON MASSACHUSETTS fora ipermit Mger the provisions f Section 11 paragra 1 4 of Chapter 44 of Cit Ordinances f the City of Northampton, for the RMose o HAVING A STORAGE UILDING FOR MATERIAL AND EQUIPMENT USED IN THEIR WRECKING COMPAN USINESS. SITUATED ON THE WEST SIDE OF COLES MEADOW ROAD IN SAID ORTHAMPTON. he Boa= voted that the 32etitioners are autho ized by ermit to se the - proposedlocation for a storage yara for one ear subjec o the following- conditions: (1) That only 1 -1/2 acres including the site of the propsed building shall be used for this purpose. (2) The building to be constructed on the locati shall be four sided. (3) All salvage materials shall be stored within the building. (4) No gunk or vehicles not used in connection with the petitioners' wrecking company business shall be stored on the location. (5) The location shall be enclosed by a fence at least six feet high, and the fence shall be constructed of materials which will screen the area from view. BOA OF APPEALS in a4f� of Nart4amptan Aassar4usdts BOARD OF APPEALS �_� /c 41/ Room 15 'ligitiZel ,., City Hall ' 10, Kea Notice: —This petition must be filled out in ink or typewritten, filed in triplicate and accompanied by 3 sets of plans of the affected premises showing location, dimensions and area of the lot, and the locations, dimen- sions and the distance from the boundary lines of all structures erected and to be erected. It shall be filed at the office of the Board of Appeals and shall be accompanied by a filing fee of $25.00 PETITION TO BOARD OF APPEALS Petitioner(s) JENRY & R �1 _ ........................................... ..................._. Address .............................._......... .......... +........................................... ............................... The petitioner is the owner, lessee, tenant in possession, has a written contract to purchase or lease the premises affected by this petition. '(Cross out inapplicable words, not applicable to petitions for review). Petiton is hereby made fora { �aaFs p r ovisi o ns Ut >t Section ........_ .................. paragraph(A.).....4............... of C. 44 of the City Ordinances of the City of Northampton. The Premises affected are situate on the North .................. South .................. East .................. West.......,........ side of OOIRS.,,.. 2A.dQlAt... Rd, a ll2 MOMS No. Xing or less / Street;....... a . ..........:.................... feet distan rom the corner of _..�i'r , ! ..... a 1�"�+►.... ......� /............ Street **W&x Sea MOra Pssticalarr dascaiptioa below. Description of Proposed Building j q g gM 1. Size of building ............................ .*................. ............................... front ................................................... ............................... fe deep. ................. • Height................. ............................... stories:......... . 1 ...... ............................... feet. 2. Occupancy or use: of each floor fOr alt. 3. Zone District ............. A.. ............................... 4. Date of erection (only if already existing) 5. Has there been a previous petition concerning the affected premises? I"#..... ..,wt. -two i with petnission Of board wLthout gr* jWic., 6. Description of proposed work and use: . stos' �! . c ld . for .. material and 1p�rrstt . .in v�142 saw"suY - .............. ............................... basilaess. 7. ft* rsaaoas ... V.44h ..- Z....bess a ....P!t #t ea .are► as fo21ow1: ................................................................... ............................... U tsMs*. we Pasm ............. b ftet 0 tab" by rvr�aty (TG) sores of Law on Ries jba&w Vii. slur ax" JLn"JL " is about ei+gbt bmft" soma" 1MA" A M a SMOVased &eras road, : _ f *rstesly of _ CI)l a Meadow lbpai, .. ..za� __ . _. __ _ _ _ &-y l"umTe oT owner or agent 1 I (we) hereby certify that the persons named below are all the owners of the property adjoining the premises affected, and are all the owners of all the property within a distance of 200 feet of any boundary of the emises 4ffe9ted as they appear on the most recent tax list. 7,r�er C ....... . .... _ ...................... ..... .............. ................. .... Signature of owner or agent Names: !i!!!Y ._ .. �t f" . � . .......................... ........... Addresses: '41 '�� Re", � tome mass, ........................................................... ..... .................................................................................................. ............................... i.. _,. 9�i111x PUBLIC NOTICE Jivizet Keo The Northampton Board of Appeals will hold a public hearing on the petition of HENRY & ROSE KUBOSIAK, 41 DAMON ROAD, NORTHAMPTON, MASSACHUSETTS, for a permit under the provisions of Section 11 paragraph W 4 of Chapter 44 of the City Ordinances of the City of Northampton, for the purpose of HAVING A STORAGE BUILDING FOR MATERIAL AND EQUIPMENT USED IN THEIR WRECKING COMPANY BUSINESS. THE PREMISES AFFECTED ARE SITUATED ON THE WEST SIDE OF COLES MEAD ROAD 2,112 FEET MORE OR LESS DISTANT FROM THE CORNER OF COLES MEADOW RO AND NORTH KING STREET IN SAID NORTHAMPTON. THE HEARING WILL BE HELD ON JUNE 22, 1971 at 7:30 P.M. IN THE CO CIL ROCK, CI1f HALL_ WOR'1't1APQ2"lO1V. MASSACHUSETTS. BOARD OF APPEALS Publish: June 1, 1971 & June 8, 1971 (galled' proofs) Chairman PLEASE PRINT CAPS IN BOLD FACE a4f� of Nort4ampton ' fflassar4usetts BOARD OF APPEALS ryiauiii 'iigir izew , Room 15 � ' KeO City Hall Notice: —This petition must be filled out in ink or typewritten, filed in triplicate and accompanied by 3 sets of plans of the affected premises showing location, dimensions and area of the lot, and the locations, dimen- sions and the distance from the boundary lines of all structures erected and to be erected. It shall be filed at the office of the Board of Appeals and shall be accompanied by a filing fee of $25.00 PETITION TO BOARD OF APPEALS Petitioner(s) 1 ........................ _ ........ . Address .............$146 ................ ................................................................................................................. ............................... The petitioner is the owner, lessee, tenant in possession, has a written contract to purchase or lease the premises affected by this petition. (Cross out inapplicable words, not applicable to petitions for review). Permit under the provisions Petiton is hereby made for a Variation from the requirements of I Review of a decision of the Building Inspector under Section ..1.1 ........................ paragraph .U......�........... of C. 44 of the City Ordinances of the City of Northampton. ' The Premises affected are situate on the North .................. South .................. East .................. West.............. side of ... CO .t........... �! �***& �t .. ............................... ' 4 , Street;....." # . ' ............. feet distant from the corner of X.61*11 ....!AM4 **.. a st. ....V11,...... Street and are known as No. ........................................ ......................... ............................... Street. Description o +wilding 1. Size of building ......................................................i f ..... ............................... front .................... ......................................................... ............................... feet deep. ++�� Height .............. ................Ak............. stories: ............... I t " .............................. feet. 2. Occupancy or use: ..... ............_. ... .. ..................._!................................................................................................. ............................... P Y ( of each floor ) .............::. ry t. 3. Zone District .... A ............ ............................... 4. Date of erection (only if already existing) 5. Has there been a previous petition concerning the affected premises? .................... 6. Description of proposed work and use: .......... AU 't l.... .... �". +12:r.....- AtOrl.111.....�t�..t .....I MA V. *. .1R1�!lEl....� 1 �....�"'1 � � 11� ....................................... ............................... 7. The reasons upon which I base my petition are as follows: . ........... .................................... #rl t �i .....1, out of * 01 0* of ��1 C � �11f4 .. ............................................................................................................................................................. ............................... ............................................................................................................................_.................................................................................................... ............................... . Alt..... ...............::...... ............................ #tom p amt. * y 2 to r! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or thlo of*" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ ... .. .... . .. .. ......... ..... ............ _ ............................ ....._........................................... ............................... ........................................... Date Date ture of owner or agent I (we) hereby certify that the persons named below are all the owners of the property adjoining the premises affected, and are all the owners of all the property within a distance of 200 feet of any boundary of the premises affected as they appear on the most recent tax list. J _ ............ ............/................... ... ... ... ...................... ...... ......................... _. ............. ._.... Si ture of owner or agent Names: .... .._ .... b e*..* J :...... .........._.................... Addresses: 1&.......i" . �l'... * ......�� ................ Copy of Public Notice mailed to all abutters & applicant . on March 31, 1 ......................................................................................................... ............................... .................................. _.... .and . to . the _following people: ...... .................................................................................................. ............................... Charles Serino ....................... I ........................... -.. ............ . ............................... ................ Roger Slawson Esq. _. Charles Dragon Warren Sullivan ............................................................................................. ............................... Exanci's P......, xyan ...................... ......_............................................... MaY ..2 r.... Sean... DunPhY ........................................ ............................... A PETITION To Mr. Charles J. Serino, Chairman, Board of Appeals, City Hall, Main Street, Northampton, Eassachusetts, be it known: We, the undersigned, respectfully petition the Board of Appeals to take notice of our complete and total opposition to, a petition being heard before your board at 7:30 P.AT., June 22, 1971, presented by Henry and Rose Kubosiak of 41 Damon Road, Northampton, Massachusetts for a permit under the provisions of Section 11, Paragraph (i) 4 of Chapter 4 4 of the City Ordinances of the City of Northampton, for the purpose of having a storage buil.dia-�g for material and equipment used in their wrecking company business. We, the undersigned, are in complete and total opposition to property owned by Henry and Rose Kubosiak of 41 Damon Road, Northampton; Massachusetts, situated on the west side of Coles Meadm. Road, 2,112 feet more or less distant from the corner of Coles Meadow Road and North King Street in said Northampton, Massachusetts, to be used for any purpose other than as specifically defined by City Ordinance under Residence "A ", in its purest form, as provided for the construction of single family homes. We, the undersigned, are in complete and total opposition to Henry and Rose Kubosiak's property on Coles Meadas; Road, Northampton, Massachusetts, to be used for industry, business, storage; buildings, storage yards (for any type of material and equipment), apartment houses, and /or garden apartment type structures. We, the undersigned, respectfully call to the attention of the Board of Appeals, that the Coles Mea.dosti Road. Area is, by City Ordinance, zoned Residence " A ". Bearing this fact of law in mind, and confident that our property would be protected by the land use restrictions defined, under Residence "A« of our City Ordinance zoning laws, we , av the undersigned, residents, home otirners, and property owners. in the Coles Meadow Road Area, he literally staked our lives and property on the protection guaranteed us under Residence "A" of the City of Northampton's zoning laws. � It is of grave concern to us, the undersigned, that and consideration should be given to changing the presently zoned. Residential "Art status of Coles Meadow Road, in any way, at any time, nosy or in the future. Furthermore, at a time in history, when all of mankind has finally become aware of manes destruction of his environment, it dictates that every effort should be made not to further pollute our environment and upset the natural ecology of the land. Henry and Rose Kubosiakls property on Coles Meadow Road in said Northampton, Massachusetts plays a. vital role in the balance of nature for the whole Coles Meadow Area; including Broad Brook, Sunning Gutter, and the Mill River Valley in Hatfield, Massachusetts. Serious consideration shou:.ld be given to the manner in which Residence "A" zoning; ordinances should be applied on Henry and Rose Kubosiak's property on Colas Meadow Road, Northam ')ton, Mass— achusetts for the iunpro -ner placement of septic tank systems might contaminate and pollute all the above mentioned streaans and rivers, proving a health hazard to people and livestock for miles belmi the Kubosiak Property. Again, ire, the undersigned, go on record before the Board of Appeals as being totally opposed to the Coles Meadow.Road Area, in particular the property owned by Henry and Rose Kubosiak on whose petition the Board of Appeals is to act upon at 7:30 P.M., June 22, 1971, to be used In any manner other than to provide single family dwelling houses as defined under Residence "A", in its purest form, of our City Ordinance mooning Laws. NAME ADDRESS I- wlrelltrl .r37�. �` ni I io;'YO 2 J 7- That the petitioners are authorised by permit to use the proposed location for a storage yard for one year subject to the following conditionsa (1) That only 1 -1/1' acres including the site of the proposed building shall be used for this purpose. (2) The building to be constructed on the location shall be four sided. (3) All salvage materials shall be stored within the building. (4) *o Junk or vehicles not used in connevtion with the petitioners.. wrecking coMany business shall be stored on the location. (5) The location shall be enclosed by a fence at least six feet high, and the fence shall be constructed of materials which will *croon the area from view. ask_ - COMMC,, OF MASSACHUSETTS ' EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS ' ti y . DEPARTMENT OF ENVIRONMENTAL MANAGEMENT DIVISION OF FORESTS AND PARKS - REGION 1V ALMA P.O. BOX 484, AMHERST, MA 01004 413 -545 -5993 FAX 545 -5995 William F. weld ,ii}t� tze� .- TRANSMITTAL SHEET GOVERNOR KeG Argeo Paul Cellucci LT. GOVERNOR To: �DEP Regional Office, Conservatin o Commission SECRETAR Trudy AR __ Public Wat- , Sapply Authority Natural Heritage and Endangered Species Program Peter C. Webber Assessor's Office COMMISSIONER The enclosed Forest Cutting Plan_has been approved by DEM under the authority of the Forest Cutting Practices Act (Ch. 132, s. 40 -46 M. G.L.). This copy is provided to you as required by the regulations (3.04 CMR 11.00) and /or the DEM /DEP Memorandum of Understanding. If ou have an • Y y questions or comments please contact me at the above number. Sincerely, 1 Service Forester, Division of Forests and Parks NOTE �r0 CON6 i�RVATION COMMISSIONS The Act requires the applicant to deliver this plan to the local conservation commission at least ten business days prior to the start of cutting. If you did not receive the required notice from the applicant please contact me as soon as possible. printed on recYc led Puper rcarest Vuttmg roan arid, Notice of Intent under. ss- General Laws, Chapter 132 - the Forest Cutting Practices Act. FiIFULP t58 IA Date Rec' Earliest Start: la River Basin; IFS 'c`�, ?6, ?' k o Nat. Her.? Pub. Dr. Wtr.1 ACEC? No Location Town Ater X/ *-rr e'll, A" Road anQ Acres 9a? Proposed start date 4 Vol. MBF / Vol. Cds 5 Vol. Other. Landowner Landowner name u -0 S/A Mailing address �ll ��CS/'�1! a.� d•4 f� Town, State, Zip 1 I Phone Chapter 61 ? Mgmt. Plan # Est. stumpage value ? Preparer of Plan Licensed Timber Harvester* Person, oa :ia: hz:. landn ner ,e?r i:y glare Firm name Individual name Di9v /,tj .P� S? .Lt If Mailing address �iC! /�7fi' G�� Town, State, Zip Phone Firm name T g IL- ,Tir Individuel name __ �,9yi fJ �.� GS •e.l L Mailing eddress ar- /157 l,�,ac�d Sf Town, State, Zip „/G 4k.A -e 4 /c Phone .r /3 K' 392 3 1V0 License No. f 0� • This information may be supplied after plan approval. Stream Crossings Harvesting in Wetlands Indicate location on map ===10- SC -1 SC -2 SC -3 SC -4 Type of crossing- U i6v / Mitigation Existing structure ? Type of crossina: Stabilization: CU Culvert SE Seed Mijiyation: FR Frozen Stabilization Type of bottom: is ST Stony FO Ford CO Corduroy OT Other Bank height (ft.): PO Poled ST Stone GR Gravel OT Other HB Hay bales Stabilization: D OT Other Wetland Crossings Indicate location on map a HW -1 HW -2 HW -3 Length of crossing (ft.) Forest : (see page two) Om i6v / Mitigation Acres to be harvested: Type of crossina: Stabilization: CU Culvert SE Seed Mijiyation: FR Frozen Stabilization Resid. Basal Area ( >50% ?): is ST Stony FO Ford CO Corduroy Indicate location on map —► HW -1 HW -2 HW -3 HW-4 Forest : (see page two) Om i6v / Acres to be harvested: Type of crossina: Stabilization: CU Culvert SE Seed Mijiyation: FR Frozen Tyne of bottom- LE Ledge Resid. Basal Area ( >50% ?): is ST Stony FO Ford CO Corduroy OT Other e s Other Sys �. „El' P� Filter Strips Indicate location on map FS -1 FS -2 FS FS -4 Width(50', 100' or VAriable) 54 i6v / •Refer to regulations for information regarding variable filter strips. Type of crossina: Stabilization: CU Culvert SE Seed Mijiyation: FR Frozen Tyne of bottom- LE Ledge BR Bridge MU Mulch DR Dry ST Stony FO Ford CO Corduroy OT Other MU Mud PO Poled ST Stone GR Gravel OT Other HB Hay bales OT Other Note: Applicant must provide DEM with all relevant information before plan may be approved and cutting may begin., Some forestry activities, such as prescribed burning and pesticide or fertTaer application may require additional permits. Consult A94 Forestry BMP Manual for further information. Attach a Narrative Page if further explanation is needed or "other" is used for any category. Page 27 Stand treatment (See codes at bottom of page) `' Indicate location on map ST -1 .ST - ST - ST Forest T e ui dr► Acres 2S ,t cut OR Type of intermediate cut 'If not by marking. describe spp.. size. quality and b.a. to be art below. Lv I?/ f1 /y' �gryi <1�Y Ze fijiy L - --r+� �C7AS�� ftrtA wr / /� �yf !ti G3 f'/ Landowner I (we) hereby certify that I (we) have the legal authority to carry out the afore - described operation. Failure to accurately update the material herein required and . provide other relevant information can result in the voiding of this plan. I (We) also certify that I (we) have notified the Conservation Commission in the municipality in which the operation is to take place and the abutters of record within two - hundred feet of the area to be harvested. A Signaturets) of landowner(s) or agent D to Products tr he harvested TOTAL MBF 1 14j< Spades; Record sawtimber volumes by species. CDs U d4 : MBF - 1,000s of Board Feet, CDs - Cords, TON - Tons, CCF, - t 00s of Cubic Feet. TON Vekane; Record to the nrarllot who'e unit IMBF, etc.) _CCF Appointment of agent As owner of the property to be harvested I hereby designate the following person to act as my agent for the purpose of conducting the harvest covered by this Forest Cutting Plan km*K V executing all forms and documents required by law. I understand, however, that the statutes, including criminal fines, continue to apply to me as the owner of record. Agent's Name AAaikv Address Town, State, Zip ula LA Phone i(ea Sgiatwe(s) of landowner(s) Page 28 Forest Cutting Plan Approv Disapproved Expires p C g I n L ignsture of Service Forester /Di or - s Agent Date: Approved Disapproved Expires Serv. For. Inits. Extension 13 Amendment ❑ ❑ Eores- t LME WP . White Pine WK WP /Hem WH WP/Hdwd WO WP /Oak RP Red Pine SR Red Spruce PP Pitch Pine PO PP /Oak HK Hemlock OM Mixed Oak Species Units Vol. Species Units Vol. White Pine S'OQd Red Maple Tamarack Red Pine Sugar Maple ddd Pitch Pine Red Oak Bea/Bir /Maple Hemlock 4U� Black Osk SM Spruce White Oak � Other Softwood Other Oak SF White Ash Other Hdwd. Beech Beech Hdwd Fuelwd White Birch Softwood Pulp 8 iii Y Birch Chips Blade Cherry TOTAL MBF 1 14j< Spades; Record sawtimber volumes by species. CDs U d4 : MBF - 1,000s of Board Feet, CDs - Cords, TON - Tons, CCF, - t 00s of Cubic Feet. TON Vekane; Record to the nrarllot who'e unit IMBF, etc.) _CCF Appointment of agent As owner of the property to be harvested I hereby designate the following person to act as my agent for the purpose of conducting the harvest covered by this Forest Cutting Plan km*K V executing all forms and documents required by law. I understand, however, that the statutes, including criminal fines, continue to apply to me as the owner of record. Agent's Name AAaikv Address Town, State, Zip ula LA Phone i(ea Sgiatwe(s) of landowner(s) Page 28 Forest Cutting Plan Approv Disapproved Expires p C g I n L ignsture of Service Forester /Di or - s Agent Date: Approved Disapproved Expires Serv. For. Inits. Extension 13 Amendment ❑ ❑ Eores- t LME WP . White Pine WK WP /Hem WH WP/Hdwd WO WP /Oak RP Red Pine SR Red Spruce PP Pitch Pine PO PP /Oak HK Hemlock OM Mixed Oak HH Hem /Hdwd RM Red Maple TK Tamarack BC Blk Cherry CD Cedar BB Bea/Bir /Maple OH Oak /Hdwd. SM Sugar Maple BW White Birch BM IOT Br/Red Maple SF Spruce /Fr BE Beech OR N Red Oak Other Date Final Report I hereby certify. that the afore - described Forest Cutting Plan and vill neftvare* I . !P bOa. aubatantially ccrrtnlied with. SiDneDNe of Service FOreatef /Director's Agent Date Service Forester's Comments: CT Cut Tn" LT Leave trans SB Stand Bdoy OT Other Primary Obie�+. WP W Wood Production IN Short term irteome WH Wildlife Habitat AR Aesthetics b Rec SW Soil b Water Mgmt OT - Other Souree AD of R a n ration Advance Tvoe SE of Reoeneretion .t• Selection SH Shelterwood ST Seed Tree CC Clearcut SA Salvage CO Coppice CS. Copp./Stsndsrds OT Other Souree AD of R a n ration Advance SE Natural Seed DS Direct Seed PL Plant - CCO Othe Type TH of Intermndiat �' n• Thinning RE Release IM Improvement SA Salvage OT Other T �' n r -TI O > - 7 co 00 . I rb Cw 5 00 . I r �. A I rg IBS 13 '75 5. 12! os e--- w� �p7 w c� Z Y 9 I -7 n tr ° i 16- P eb A '— �• o in E 0 no L 0, e � `^ z a o � 5. 12! os e--- w� �p7 Y 9 I -7 i 16- rb A '— �• o in 0 no L N i 16- M oir► FORM A NORTHAMPTON, MA APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQL'; ^c APPROVAL d � 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. 2. 3. 4. 5. 6. Applicant Barbara Barker 4adn f fit/ Print or type name Signature 247 Coles Meadow Road, Northampton 584 -1010 Address Phone Owner Henry P. Kubosiak = Print or type name Sig at 262 Coles Meadow Road, Northampton' Address Phone Surveyor Harold T. Eaton & Assoc. Tnc_ !;� Z� Print or type name Signature 235 Russell Street. Hadley MA 01035 584 -7599 Address Phone Deed or property recorded in Hampshire Registry, Book 1585 Page 67 Location and Description of Property: Land on West Side of Coles Meadow Road. Assessor's Map ID: 8 Lot(s): Date Submitted for Planning Board Approval: City Clerk: (Signature) (8/13/91) 54 Date Plan ' B and Decision it Ca City Cle k (S i +ue SUBDIVISION REGULATIONS - - - - -- -PAGE 60 M 0) t0 Lti Q w co Y 0 m Z OL Z 0 Ld 0 U cr- Z Q J CL LL- 0 Z Q _0 w W 0 • O tp- y�2 tp dip Ilk 7 0 �'� k 70-- 0 ov, s .,wl� - LEGEND- FOUND IRON PIN IRON PIN TO BE SET 1 REPORT THAT THIS PLAN HAS BEEN PREPARED IN CONFORMITY WITH THE 19 76 RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. DATE: I t—to- OM PROFESSIONAL LAND SURVEYOR tH OF Mq c�. E a� a #35032 10 , S StO�r � FEET U � to i APPROVAL UNDER THE SUBDIVISION CONTROL LAW NOT REQUIRED NORTHAMPTON, MASSACHUSETTS j3 h�yy OVA + s= DATE: NOV 171992 0 4 - PLAN OF LAND IN NORTHAMPTON, MASSACHUSETTS PREPARED FOR EDWARD W. AND SHIRLEY M. KUBOSIAK SCALE: 1` = 20' NOVEMBER 6, 1982 HAROLD L EATON AND ASSOCIATES, INC. REGISTERED PROFESSIONAL LAND SURVEYORS 235 RUSSELL STREET — HADLEY — MASSACHUSETTS 20 0 20 40 60 80 m c r� OFD - 0.5y A � z 4 AL: O �S - OS L � 6 . / ! f } � � ! � / f . ! � { 41