Loading...
10B-045 40 audubon rd planningI�.- City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 FAX (413) 586 -3726 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS APPLICANT: WILLIAM F. SENEY ADDRESS: P O BOX 383, LEEDS, MA 01053 OWNER: ERNEST J. NEON, JR. (TRUSTEE) ADDRESS: CHESTERFIELD ROAD, LEEDS, MA 01053 RE LAND OR BUILDINGS IN NORTHAMPTON AT: 40 AUDUBON ROAD, LEEDS ASSESSOR'S MAP and PARCEL NUMBERS: MAP # 10B PARCEL # 45 At a meeting conducted on August 16, 1995 the Northampton Zoning Board of Appeals unanimously voted 3:0 to Grant the request of William F. Seney for a FINDING under the provisions of Section 9.3 (1) (D) in the Northampton Zoning Ordinance to change. and alter a pre- existing, non - conforming structure by tearing down the lower wooden section of the structure, filling the existing foundation with gravel and re- capping the foundation in order to create a new concrete slab floor approximately 4' higher than the original floor, so that a new building can be erected at 40 Audubon Road, Leeds. Zoning Board Members present and voting were: Vice - Chairman M. Sanford Weil, Jr., Alex Ghiselin, and Elaine M. Reall. The Findings of the Board under Section 9.3 to change and alter a Pre - existing non - conforming structure were as follows: 1. The Board found that the change and alteration will not be substantially more detrimental to the neighborhood than the existing non - conforming structure and that the change will not create any new new violations to the zoning setback /coverage regulations. -1- ORIGINAL PRINTED ON RECYCLED PAPER * - 10,0,✓ Pursuant to Massachusetts General Laws (MGL) Chapter 40A, Section 11, no Finding 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 a the certified decision of the City Clerk and record it at the Registry of Deeds. The Northampton Zoning Board of Appeals hereby certifies that a Finding has been GRANTED and that copies of this decision and all plans referred to in it have been filed with the Planning Board and the City Clerk. Pursuant to Massachusetts General Law Chapter 40A, Section 15, notice is hereby given that this decision is filed with the Northampton City Clerk on the date below. If you wish to appeal this action, your appeal must be filed pursuant to MGL Chapter 40A Section 17, with the Hampshire County Superior Court and notice of this appeal filed with the City Clerk within twenty (20) days of the date this decision was filed with the City Clerk. Applicant: WILLIAM F. SENEY - 40 AUDUBON ROAD, LEEDS Decision Date: 1A iooc This Decision was Filed with the City Clerk on: ' August 22, 1995 L 11 M. Sanford Weil, Jr. AVtX-, -------------------------- - - - - -- Alex Ghiselin Elaine M. Reall -2- ZBA Meeting Minutes - 8/16/95 At 7:23 p.m. Vice Chair Weil opened the Public Hearing on the request of William F. Seney for a Finding under §9.3(1)(D) for a change and alteration of a pre- existing, non - conforming structure at 40 Audubon Road, Leeds. Weil read a copy of the legal notice which was published in the Daily Hampshire Gazette on August 2, 1995 and August 9, 1995 and explained procedures for conducting public hearings. Present and sitting were: M. Sanford Weil, Jr., Alex Ghiselin and Elaine M. Reall. William F. Seney of 310 North West Road, Westhampton was present to discuss the application. He read a part of the application he had submitted which was entitled, Proposed Changes to 40 Audubon Road and reviewed his plans for the work to be done on the site. Weil asked about the sidewalk near the building. Weil said he saw a brook near the building which the applicant proposed to tear down, but he did not see a sidewalk. Seney said that there is an asphalt sidewalk under all the overgrown grass on the property. Seney said he wants to lease the building for use to a light industrial /manufacturing business. He wants to fix up the steel building, tear down the old section, and perhaps lease out the steel building. He would like to have the option to build on top of the new slab. Seney said he does not plan to rebuild immediately but would like to have the option to do so. Kuzdeba said that the brook is actually one of the property lines. No one spoke in in favor of the project. When Weil asked if there were anyone in opposition to the proposal, Bill Rogers said he was the abutter to the right of the metal building, at 48 Audubon Road, and noted that he had lived there most of his life. Rogers said that the metal building was built about 1964 and the business there manufactured bags. He said that it is a very quiet business with not much traffic in and out of the premises. He said there may be one truck per day coming to the business and that there are two or three people are employed there. Rogers said he did not think there is anything wrong with tearing down the building, but he expressed concern about the applicants plan to erect a new building on a 4 higher slab because of the wetland in the area. Rogers noted that the neighborhood is zoned a residential area. He said his house is 35' away from this building and was naturally concerned about the type of business that might go in there. I don't think it is correct to allow someone to construct a factory type building in a residential area. Mr. Seney said he does not know what type of business would go in -3- N"., ZBA Meeting Minutes - 8/16/95 there in the future since he does not know what type of tenant he could find to fill the lease. Kuzdeba said that under existing zoning, any non - conforming building is allowed to be changed, extended or altered as long as it is not any more detrimental to the neighborhood than the existing building. If the use is changed, the applicant would have to come back before the ZBA with another request for a Finding to change the use. The Board would have to find that the new use would not be more detrimental to the neighborhood than the existing use. Discussion ensued, with all participating, regarding the definition of a Finding and a change of use. Kuzdeba said that the applicant would have two years to exercise his option to rebuild the building after a Finding has been granted. Elaine Reall said that the applicant would have to come back to the Board for any change of use in the building. Elaine Reall moved to close the Public Hearing. Alex Ghiselin seconded the motion which passed unanimously 3:0. ----------------------------------------------------------------- Elaine Reall moved to approve the Finding since the proposed alteration of a pre- existing, non - conforming structure will not be substantially more detrimental to the neighborhood. She noted that there will be no further setback violations and said she would vote in favor of granting the Finding. Alex Ghiselin agreed with Reall. Weil said he is satisfied that an approval tonight will not be substantially more detrimental to the neighborhood. Elaine Reall moved to approve the requested Finding. Alex Ghiselin seconded the motion which passed unanimously 3:0. -4- `- CITY OF NORTHAMPTON LL FINDING APPLICATION - JUL 4 1995 (Change of a Pre- Existing Nonconforming Use , or Structure) 1. Applicant's Name lltll.- L, Address: 0 13 3 L 0 5 A4 A Telephone: `1 / 3 9 2 9 9 2ef 2. Property Owner's Name E1zlue 5r J7 f./L- 6 J � ((" ) Address CII& S T[= kF/GL� �� �� - L �L TES Telephone: S S 4 / 2. F 3. Status of Applicant _Owner Contract Purchaser Lessee XOther (explain: P c.7 c ;NT /AL L-741 4. Parcel Identification Zoning Map # JO B Parcel# 4 � , Zoning District(s) WR �v Street Address 4 A-12 12 -, 1 3 0 h-1 r;A!:> L_F_ � 5. Finding is being requested under Zoning Ordinance Section �- . ,'3 Page 6. Narrative Description of Proposed Work /Project (use additional sheets if necessary) 5 t-( cE_L T_s 7. State How Work /Proposal Complies with Finding Criteria (See Applicant's Guide and use additional sheets if necessary) 1 �i�F'�/cfr� is r A ck�,��, / N� R ( cftJ (,�F- /� LCG /i'L P2 X/ $i /ft✓6 ' Aiciu CuVrU 2N1/ iV 4s_S i2/LL' ��C o 411_L_r -wrJ JU•LL Nc; Gr'1L;irL 1 ­IcEIJ Y_U/Lll.1J G I.>cu� �26eC /t G'.�+recsr•vc� ► tt �S C rtANGC CUILL rNC - 5 t/ 9 Si / YVr4 f-LL.y 13 r 7 Zl/- y&Aj'r.4 L. T!r ✓f T71 ,L (.;.XIS /V v.j - C y.ui u* V6 US tr ' T o lfL /�/ /C�f �x}+=t f aura P�C/�✓SCr ?/{C ' /f 0 Z t t/ 111, A1uJ 6 ZVu vDS y U u J& C� �� •�� vf" rfti17 �L- ds�v ;'� 2 L��lr7" ,- 12 E)/_ 8. Attached Plans X Sketch Plan Site Plan None Required 9. Certified Abutters List from Assessors' Office must be attached. 10. Certification I hereby certify that I have read the FINDING CRITERIA and that the information contained herein is true and accurate to the best of my knowledge. I (or the landowner, if I am not the landowner) grant the Zoning Board and Planning Board permission to enter the property to review this permit applipation. Date: 10.4 , 5 Applicant's Signature: Date Filed: File #: (memorex\wplzba\finding.zba 10120192) t f Date Filed v ZONING PERMIT APPLICATION 1 • Name of Applicant: f/ / It f Address : , /Q V �/ co 1,,i 6 - C - P S MA O f a -T 2. Owner of Property E/c,^' * /�� M � t Address : _ r., ( -,- c..1JC,C, -, o,-, 3. Telephone : _� y_� a � Status of Applicant: Owner Contract Purchaser Lessee ,� other (explain 4. Parcel Identification: Zoning Map Sheetf Zoning District(s) (includ overlays) Street Address �arcelf 5' Existing 'Require Use of Structure /Propert 4eGJ4r' lMDgsrmi Pro Proposed b Zoni Y ��' t��.t:N- l&li.> (if project is only 'interior work, skip to #6) Building height oB1dg.Coverage (Footprint) Setbacks - front - side L: R - rear Lot size Frontage . Floor Area Ratio oOpen Space (Lot area minus buil ding and parking) Parking Spaces Loading Signs Fill (volume &.location) 6. Narrative Description of Proposed work /Project: i f necessary) aF_-r / � - r T A 14 r- K (Use additional sheets 7. Attached Plans: _Sketch Plan Site Plan 8. Certification: I hereby certify that the information contained herein is true and accurate to the best of my knowledge. Date: — — — — — — — — — Applicant Signature: — THIS SECTION FOR OFFICIAL U8E ONLY: �pproved as presented /based on information presented Deriied as presented - - Reason : 'Permit and /or Site Plan Required: n ing eq d: gna of Buildin - s c or ate NOTE tszuance of a zoning Permit does not relieve an Vpllcanl's burden to com from the 80"d of Health, conservation commission. Dopartmont of Public Works and olliioa permit iCT Urnnt(n0 autho�itlasre required 4 permits ` u n JUL 2 4 1995 F zle No. , -- -- Telephone : STANDARD FORM OF'r. R TO PURCHASE REAL E;,ATE On this _ =L day of �/: /�L;t IL 19, 1/We the undersigned Buyer(s) offer to pay for the property with the buildings and improvements thereon, located at 1 10 a4- i /_ :dfT7w 'J! in J _,t? rGJ Massachusetts and consisting of �' �i C " land, more or less. MORTGAGE CONTINGENCY Yes No, if yes give details This offer is contingent upon the Buyer's co Ility to obtain a (conventional /fixed nventiona) /ARM, FHA, VA or MHFA) mortgage commitment for $_ L� by 19 7 . , at prev mg interest rates and terms. It is, however, understood and agreed tha the Buyer shall exercise due diligence to obtain said financing. Failure to exercise due diligence may result in a forfeiture. TERMITE INSPECTION: Th Selle Buyer shall furnish a termite certificate from a recognized exterminator stating that the buildings on the property are free of termites and other wood - boring Insects and any damage caused thereby. If said inspection reveals that there are termites or other wood - boring insects, or that any damage caused thereby, requires repair, the seller shall undertake said extermination or repair, pro- vided, however, that if the cost of said extermination and/or repair exceeds $1,000.00, the Seller shall have the option of canceling or fulfilling this agreement. If given said option, Seller shall desire to cancel this agreement, Buyer may pay all amounts in excess of $1,000.00 and seller shall be bound to perform this agreement, paying the first $1,000.00 of said extermination and/or damage. INSPECTION: This agreement is subject to Buyer obtaining at his expense a satisfactory report from a consultant of his/her choosing that the premises are free of structural and mechanical defects. Should the aforesaid report be unsatisfactory, the Buyer may terminate this agreement by giving written notice to the Seller within ten days of this agreement by the Seller. If the Buyer shall not give said notice within ten days, then Buyer shall be bound to fulfill this agreement. IN CONSIDERATION OF BUYER'S SAID RIGHT TO TERMINATE, BROKER IS RE- LEASED FROM ALL LIABILITY WITH RESPECT TO ANY STRUCTURAL OR MECHANICAL DEFECTS IN THE PREMISES. OT HER PROVISIONS: ° eT- / c � -l„r� c._ f (.x �C� "�c...Ze',�,'t,Ct.Eaza �, e'1h2.;LC.•1�iss � / '��(G`z"z��.Cl �'�- � L / ' � � !'��- �7��.vUG!�G ✓LL•l ,��C.t,C�j--i'� ��. — �7 *IK.- � �7i-t ,!� � �-'YC, ,'G�`l�"Y` -4-Ck� IY�L�Y�X -C t'� Included in the sale are all of the regular fixtures and shrubbery. Also included in the sale: I hand you $ 5�1 (:)(') to bind this offer, to be returned to me if this offer is not accepted by 3 19 -. Upon signing a Purchase and Sale agreement I agree to make an additional deposit of $ T �i Lf C� : l and to take title on r or before �l �' ` 1 19 It is further agreed that upon acceptance of this offer, the parties hereto, shall, on or before , 19 execute the STANDARD FORM purchase and sale agreement recommended by the Franklin- Hampshire County Association of REALTORS or any form substantially similar. Thereto, which when executed shall supersede the offer and be the agreement between the parties. NOTICE: THIS IS _ A _ EGAL DOCUMENT THAT CREATES CERTAIN BINDING OBLIGATIONS ATTORNEY R E SIGNIN� % B ER BUYER IF YOU DO NOT UNDERSTAND IT, CONSULT AN ACCEPTED 7 / 1 .1 , 19 `7 S REJECTED 60 _.,� — ,/ 4 �, ) 04e­ , 4Z SELLER I have received a copy of this document SELLER Date 19 DATE 19 SELLER Date BUYER WITNESS FRANKLIN•HAMPSHIRE COUNTY ASSOCIATION OF REALTORS,@ INC. NORTHAMPTON CONSERVATION COMINIISSION PROPOSED CHANGES TO 40 AUDUBON ROAD *REFER TO ATTACHED DRAWINGS* (June 6, 1995) The property at 40 Audubon Road in Leeds has fallen into disrepair over the years. This lack of maintenance and several key design mistakes need attention before the property can be made useful again. I intend to purchase this property and need to know if my plans are feasible in regards to the Zoning Board. The lower wooden section of the building is over forty (40) years old, in very poor condition and is nearly useless in its current state. This lower level also has a long history of water seepage during the spring thaw and requires a sump to keep it from flooding. I propose to renovate this structure by tearing it down completely and removing everything but the foundation. My intention is to fill the existing foundation with gravel and re -cap the foundation with concrete creating a new concrete slab floor approximately 4 feet higher than the original floor. A new steel building could then be erected on this slab. The current steel building would remain as is with cosmetic updates. The barn would be completely removed and not replaced, The sidewalk near the barn would be removed and not replaced. The steel building dock area currently collects water after a heavy rain. This is due in part to a lack of roof gutters and run -off from the driveway. New rain gutters and a properly pitched and paved driveway along with improved grading near the building itself would eliminate current water pooling problem. Respectfully submitted, ��i 0 N JUL 2 4 1995 William F. Seney C Z O _�__'� GL' �� -, t -. L J 1 7�J i �ti � -� �.__ - - Gl� Guru' �� �'� ') �- r`i " "� 21I .::� r �, Y` _ =J / / .. J !� // .. , . " O / '----- / / � ^ 0 - `. [- ~ ~ L � D M y N � Lri .- / ' / 310 CMR 10.99 n Form 2 - Commonwealth of Massachusetts ;r DEP Fle No. 6- (To De provided Dy DEP) CIry �Town Northampton Applicant William Seney-. I /M Date Request Fled ! Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 & NORTHAMPTON WETLANDS PROTECTION ORDINANCE From Northampton Conservation Co mi ssi nn - Issuing Authority To William Seney same (Name of person making request) (Name of property owner) Address 40 Audubon Road, Leeds 01053 This determination is issued and delivered as follows: Address by hand deiivery to person making request on (date) i A by certified mail, return receipt requested on MC L4 I. (date) Pursuant to the authority of G.L. c. 131, §40, the Northampton Conservation Commission has considered your request for a Determination of Applicability and its supporting documentation_ , and has made the following determination (check whichever is applicable): Location: Street Address 40 Audubon Road, Leeds, MA 01053 Lot Number: (MAP ID. 46) 10B — Parcel 4611 This Determination s ositiv 1. C The area descr A ch includes all /part of the area described in your request, is an Area Subject to Protection Under the Act. Therefore, any removing, filling, dredging or altering of that area requires the filing of a Notice of Intent. r 2. C The work described below, which includes all /part of the work described in your request, is within an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area. There- fore, said work requires the filing of a Notice of Intent. Effective ,1/"0/89 2 -1 S`/ `"y 3. The work described below, which includes all; part of the work described.in your reouest, is within the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Unoer the Act. Therefore, said work requires the filing of a Notice of Intent. A row of hay bales shall be placed along the stream and the distrubed area shall be re- seeded and mulched within 30 days of completion of grading. This Determination is negative: 1. ❑ The area described in your request is not an Area Subject to Protection Under the Act. 2. 7 The work described in your request is within an Area Subject to Protection Under the Act. but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. 3. The work described ih your request is within the Buffer Zone, as defined in the regulations, but will not alter an Area Subject to Protection Under the Act. Therefore, said work does not require the filing of a Notice of Intent. 4. G The area described in your request is Subject to Protection Under the Ac:, but since the work described therein meets the requirements for the following exemption,as specified in the Act and the regulations, no Notice of Intent is required: Issued by _ Northampton Conservation Commission Signature(s) On this � ' day of 19 2- 5 71— , before me personally appeared___l Y) _ a r � n - , to me known to be the person described in, and who executed, the foregoing instrument, and acknAwledaed that he!shb executed the same as his/her free act and deed. Notary Public My c mmission expires This Determination does not relieve the applicant from complying with all other applicable federal, state or local statutes. ordinances. by -laws or regulations. This Determination shall be valid for three years form the date of issuance The applicant, the owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be cone, or any ten resioents of the city or town in which such land is located, are hereby notified of their fight to request the Department of Environmental Protection to issue a Superseding Determination of Applicability, providing the reouest is made oy certified man or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten pays from the date of Fssuanee of this Determination. A copy of the request shall at the same time be sent by certified mail or nano delivery to the Conservation Commission and the applicant. f 2 -2A This Determination must be signed by a majority of the Conservation Commission. NINE COPIES OF CO�,.�ETE FILING TO THE NORTHAMPTON C COMMISSION - ONE COPY OF COMPLETE FILING TO DEP, Wetlands Division, SPRINGFIELD 310 CMR 10.99 $20.00 CHECK PAYABLE TO: THE CITY OF NORTHAMPTON Form 1 .a P P-e Commonwealth of Massachusetts DEP Fn No. 246_ (To be PmvxW by DEP) Ciiylown ^ Nor // thampton O Aoolican; i /U/ /I Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131 §40 & NORTHAMPTON WETLANDS PROTECTION ORDINANCE 1. I, the undersigned, hereby request that the Northampton Conservation Commission make a determination as to whether the area, described below, or work to be performed on said area, also described below, is subject to the jurisdiction of the Wetlands Protection Act, G.L. c. 131, §40. 2. The area is described as follows. (Use maps or plans, if necessary, to provide a description and the location of the area subject to this request.) ATTACH LOCUS MAP SHOWING SITE LOCATION. Location: Street Address 40 Lot Number: (MAP TT) #) /O $ // 3. The work in said area is described below. (Use additional paper, if necessary, to describe the Proposed work.) 5�Cg f4Tr*cweo Sme rS 1 -1 . Effective 11/10/89 4. Tne owner(s) of the area. if not the person making this request, has been given written notification of this request on 4' �S 3' (date) The name(s) and address(es) of the owner(s): ff� 3 A-- . (�Tti'`''t= Gf� T�2 /` /e D �D L�EV s A4+ o o S3 5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts Department of Environmental Protection S (date) DEP Western Regional Office State House West, 4th Floor 436 Dwight Street Springfield, MA 01103 I understand that notification of this request will be placed in a local newspaper at my expense in accor- dance with Section 10.05(3) (b) 1 of the regulations by the Conservation Commission and that I will be billed accordingly if a mr, I also grai7t permission fir the Conservdtion Coamission to inspect my property prior to the Public 5?�ring.. _ Address -. Name M• S it y r AA i cgo el. 4(3 S'Z 9 ZQ g 1 -2 , .mole NORTHAMPTON CONSERVATION COMMISSION PROPOSED CHANGES TO 40 AUDUBON ROAD *REFER TO ATTACHED DRAWINGS* (March 22, 1995) The property at 40 Audubon Road in Leeds has fallen into disrepair over the years. This lack of maintenance and several key design mistakes need attention before the property can be made useful again. I intend to purchase this property and need to know if my plans are feasible in regards to the Conservation Commission. The lower wooden section of the building is over forty (40) years old, in very poor condition and is nearly useless in its current state. This lower level also has a long history of water seepage during the spring thaw and requires a sump to keep it from flooding. I propose to renovate this structure by tearing it down completely and removing everything but the foundation. My intention is to fill the existing foundation with gravel and re -cap the foundation with concrete creating a new concrete slab floor approximately 4 feet higher than the original floor. A new steel building could then be erected on this slab. The current steel building would remain as is with cosmetic updates. The barn would be completely removed and not replaced, The sidewalk near the barn would be removed and not replaced. The steel building dock area currently collects water after a heavy rain. This is due in part to a lack of roof gutters and run -off from the driveway. New rain gutters and a properly pitched and paved driveway along with improved grading near the building itself would eliminate current water pooling problem. Respectfully submitted, William F. Seney 0 '0 X 0 1 A r 'r1 O ?tl O ti rn 79 4 0 1 C d C a C L a 0 d r m 0 Y N 0 z z ➢ U d Z r c U` 0 � � m o 70 a Z v o „ , .mole I *SAW ../ U C 0 c U t� 0 z 0 D e r m m n w N 0 i I � �I �I i Imw N ... N �t Z r c � � m L p ..10, •./ NORTHAMPTON CONSERVATION COMMISSION PROPOSED CHANGES TO 40 AUDUBON ROAD *REFER TO ATTACHED DRAWINGS* (March 22, 1995) The property at 40 Audubon Road in Leeds has fallen into disrepair over the years. This lack of maintenance and several key design mistakes need attention before the property can be made useful again. I intend to purchase this property and need to know if my plans are feasible in regards to the Conservation Commission. The lower wooden section of the building is over forty (40) years old, in very poor cc and is nearly useless in its current state. This lower level also has a long history of water seepage during the spring thaw and requires a sump to keep it from flooding. I propose to renovate this structure by tearing it down completely and removing everything but the foundation. My intention is to fill the existing foundation with gravel and re -cap the foundation with concrete creating a new concrete slab floor approximately 4 feet higher than the original floor. A new steel building could then be erected on this slab. The current steel building would remain as is with cosmetic updates. The barn would be completely removed and not replaced, The sidewalk near the barn would be removed and not replaced. The steel building dock area currently collects water after a heavy rain. This is due in part to a lack of roof gutters and run -off from the driveway. New rain gutters and a properly pitched and paved driveway along with improved grading near the building itself would eliminate current water pooling problem. Respectfully submitted, William F. Seney Form 5 OEaE File No. 246 -192 L- (To be provided by OEQE) I 6; Commonwealth City /Town Northampton 1 of Massachusetts Applicant David Bergeron y V Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 From N orthampton Conservation Commission To David L. Bergeron Ernest J. Heon, Sr. (Name of Applicant) (Name of property owner) Address 54 Audubon Rd. , Leeds, MA 01053 Address 30 Audubon Rd. , Leeds, MA 010 This Order is issued and delivered as follows: ❑ by hand delivery to applicant or representative on (date) 0 by certified mail, return receipt requested on April 6 . 1988 (date) This project is located a t 40 Audubon Rd., Leeds (parcel 45 of sheet 10B of the Nor thampton Assessor's Maps) The property is recorded at the Registry of Hampshire Boo 2227 Page 315 Certificate (if registered) The Notice of Intent for this project was filed on March 22, 1988 (date) The public hearing was closed on Findings March 28, 1988 (date) The Northampton Conservation Commission 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 Commission at this time, the commission has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act (check as appropriate): ❑ Public water supply ❑ Private water supply ❑ Ground water supply U X Flood control x Storm damage prevention ❑ Prevention of pollution 5 -1 ❑ Land containing shellfish ❑ Fisheries ❑ Protection of wildlife habitat Effective 11 / 1 /87 .../ 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- fr _ 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 ad 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. y _ 6. Any fill used in connection with this project shag be clean fig, containing no trash, refuse, rubbish or de- bris, including but not limited to lumber, bricks, piaster, wire, lath, paper, cardboard, pipe, tires. ashes, refrigerators, motor vehicles 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 Commission 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, Fie Number 246- 192 10. Where the Department of Environmental duality 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: 5 -2 3 NsloI Plans: Title Dated Signed and Stamped by: On File with: Sketch of s tones knocked 3/ Northamp office of Planning & Development of wa ll Special Conditions (IIse additional papet if accessary) 1) All construction areas shall be restored to or_'ginal 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 I3I, th Section, M.G.L., shall be permissabls disposal sites, unless otherwise approved by the Conservation Commission; 3) Excavated material and topsoil stockpiles shall be located and stabilized so as to minim 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 control; 6) Members and agents of the C Commission shall have the rgat to enter and inspect the premises to evaluate compliance with the Condition 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 worn has been done in conformance with the provision of the approved Order of Conditions. ( ) YES ...................... ........................(Leave apace Black) 5 -:A -w DEQE File No. 246- 192 pecial Conditions (continued) 8 The applicant shall notify the Conservation Commission, in writing, as to the date that work will be commencing on the project. Said written notification must be received by the Commission no sooner than ten (10) days and no later than seven (7) days prior to the commencement of the approved activity. 99 (if checked) The Applicant shall complete and execute the attached ATMACMENT "A" /NOTICE OF POSSIBLE WETLANDS RESTRICTIONS UNDER M.G.L. C. 131, 5.40 relative to this project on this site Said AT " A " shall be attached to, become a part of, and shall be filed with this Order Of Conditions at the Registry of Deeds. The Applicant shall return a copy of the completed and notarized AT"ACi�= "A" to the Conservation Commission when the bottom portion of Page 5 -4A of this Order of Conditions Of Conditions' is returned. M YES ( ) NO 10) The applicant shall install a siltation fence before the restoration commences. This fence shall be installed in the first location where the stream widens sufficiently to accommodate the fence (on the downstream side of reservoir Road is one suggested location). 11) During the restoration, the backhoe (or other piece of equipment used) shall be kept out of the channel of the stream. 11) When the work is completed, the accumulated silt on the fence shall be removed separately before the fence itself is removed. 5 -3B � t ` %NW 7 Issued ey Northampton Conservation Commission This Crder must be signed by a majority of the Conservation Commission. On this 6th day of April 19 8 .before me personally appear Ralph Emrick , to me known to be the person described in and who executed the foregoing instrument and acknowledged that heishe executed th a as hisi her free act and deed. WENDY MAZZA / _ X-11= �Y NWi—ee Notary Public My commission expires MY COMMISSION EXPIRE OCTOBER 24,1991 The applicant. the owner, any person aggrieved by this Order, any owner of land abutting the land upon which the proposed work is to be done or any ten residents of the city or town in which such land is located are hereby notified of their right to request the (Department of Environmental Quality Engineering to issue a Superseding Order. providing the request is made by certified matt 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 Detach on dotted line and submit to the Northampton Conservation Commi s s i " to commencement of work. Northampton Conservation Commission Issuing Authority To Please be advised that the Order of Conditions for the project Fie Number 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 t 9 If recorded land, the instrument number which identifies this transaction It registered land. the document number which identifies this transaction i Applicant Signature 5 -4A N%W "'/ g. Have all obtainable permits. variances and approvals required by local by -law been obtained? Yes J�J No ❑ Obtained: Applied For: Not Applied For. g. 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 X No ❑ ' 10. List an plans and supporting documents submitted with this Notice of Intent. Identifying Title, Date Number /Letter 1414 Too Ma 1415 Y 11. Check those resource areas within which work is proposed: (a) ❑ Buffer Zone (b) Inland: In Bank Land Subject to Flooding, ❑ Bordering Vegetated Wetland* ❑ Bordering 0 Land Under Water Body & Waterway • ❑ Isolated (c) Coastal: ❑ Designated Port Area* • Land Under the Ocean* • Coastal Beach • ❑ Coastal Dune . • Barrier Beach ❑ Coastal Bank • Rocky Intertidal Shore • • ❑ [3 Salt Marsh • Land Containing Shellfish • ❑ Land Under Salt Pond ❑ Fish Run • • Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. See General Instructions for , Completing Notice of Intent. 3 -2 ..r' 12 Is the wetland resource area to be altered by the proposed work located on the most recent Estimated Habitat Map (if any) of rare, "state - listed" vertebrate and invertebrate animal species occurrences provided to the conservation commission by the Natural Heritage and Endangered Species Program? YES [ ] NO (X ] Date printed on the Estimated Habitat Map issued NO MAP AVAILABLE [ ] (if any) If yes, have you completed an Appendix A and a Notice of Intent and filed them, along with supporting documentation with the Natural Heritage and Endangered Species Program by certified mail or hand delivery, so that the Program shall have received Appendix A prior to the filing of this. Notice of Intent? YES [ ] NO [ ] 3 -3 Onn 1.0 Part lh Site 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 existing site conditions. Identifying Number /Letter (of plan, narrative or calculations) Natural Features: Soils Vegetation X% Topography - Open water bodies (including ponds and lakes) Flowing water bodies (including streams and rivers) Public and private surface water and ground water supplies on or within 100 feet of site Maximum annual ground water elevations with dates and location of test 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 Roadways and parking areas Property boundaries, easements and rights -of -way Other Part lik 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 1, item 11 above. Identifying Number /Letter (of plan, narrative or calculations) Planview and Cross Section of: Structures (such as buildings, piers, towers and headwalls) Drainage and flood control facilities, including culverts and open channels (with inverts), dams and dikes Subsurface sewage disposal systems & underground utilities Filling, dredging and excavating, indicating volume and composition of material Compensatory storage areas, where required in accordance with Part III, Section 10:57 (4) of the regulations Wildlife habitat restoration or replication areas Other 5 e * mr Point Source Discharge Description of characteristics of discharge from point source (both closed and open channel), when point of discharge fails within resource area checked under Part I, item 11 above, as supported by standard engineering calculations, data and plans, including but not limited to the following: 3-4 fF . J# S%W •,./ 1. Delineation of the drainage area contributing to the point of discharge: 2. Pre - and post - development peak run -off from the drainage area, at the point of discharge, for at least the 10 -year and 100 -year frequency storm; 3. Pre - and post - development rate of infiltration contributing to the resource area checked under Part I, item 11 above; 4. Estimated water quality characteristics of pre - and post - development run -off at the point of discharge. Part IV: Mitigating Mmsures 1. Clearly, completely and accurately describe, with reference to supporting plans and calculations where necessary: (a) All measures and designs proposed to meet the performance standards set forth under each re- source area specified in Part II or Part III of the regulations; or (b) why the presumptions set forth under each resource area specified in Part II or Part III of the regula- tions do not apply. ❑ Coastal Resource Area Type: :9 Inland Identifying number or letter of support documents Normal repair of natural drainage #1414 topo to repair stones knocked from already lined #1415 sketch dry wall about 15 feet. a siltation barrier of hay bales and poly -prop netting to be used To take place on Lot #45 Sheet 10B City of Northampton - ❑ ❑ coastal Resource Area Type: Inland kW tify ft number or letter of support documents 3 -5 E Ev 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 30 as to ensure that said work does not a lt e r an area specified in pan 4 Section 10.02(1) (a) Of these regulations; or (b) if work in the Buffer Zone will alter such an area, all measures and designs propo o sed meet the performance standards established for the adjacent resource area specified in Part 11 r Part lit of these regulations. N- 3-6 `%.r ../ Part V: Additional Information for a Department of the Army Permit 1. COE Application No (to be provided by COE) 2. (Name of waterway) 3. Names and addresses of property owners adjoining your property: Mrs. William Rogers, 48 Audubon Rd., Leeds,MA 01053 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. 8' /s " 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 permit can be issued. Certification may be obtained by contacting the Division of Water Pollution Control,1 Winter Street, Boston, Massachusetts 02108. Where the activity will take place within the area under the Massachusetts approved Coastal Zone Management Program, the applicant certifies that his proposed activity complies with and will be conducted in a manner that is consistent with the approved program. Information provided will be used in evaluating the application for a permit and is made a matter of public record through issuance of a public notice. Disclosure of this information isvoluntary, however, if necessary information is 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, documents and supporting data are true and complete, to the best of my knowledge. Date Date r FORM "Exception to ENG Fors 4343 approved by HQUSACE. 6 May 1982 ". N G D 100 (TEST) . ,, this document contains a joint Department of the Army and State of Massachusetts application 1 MAY 82 for •permit to obtain permission to perform activities in United Stotts waters. The Office of Management and Budget (OMB) has approved those questions required by the US Army Corps of Engineers. OMB Number 0702 -0036 and expiration date of 30 September 1983 applies ". This statement will be set is 6 point type. 3 -7 David L. Bergeron P.O. Box 245 Leeds, MA 01053 March 10, 1988 Northampton Conyer*ation Commission City Hall Northampton, MA 01060 Attention: Larry Smith Dear Sir: ".. On December 15, 1988 a pick -up truck was driven off Audubon Road, Leeds and into Day Brook. A number of large stones were knocked off the walls along the brook and we wish to have these stones removed and reset on the wall along the brook. This is on the property of Ernest J. Heon, Audubon Rd., Leeds, please note there may be damage to the wall of the brook that is on the city property. Thank you for your attention on this. Ve % yours, l� av d geron I am writing on behalf of Mr. Heon. '%W rn =4# IVI-5 APPS' F_ /a ., v IWAAW i8IM po in 77� Nl� . . . . . . . . . . 40 10, fz �.r! s - - ��� - `* �I1i' /` : }} tam in _. � � ti an 09 v � �j •� M tn �' _� �7�5 '�- ,Q"�tn" t/' ♦ - {� L'i •�^ .y � t ' K } ' l,- t i - _S a t 'i' - _ .34 40 I lk .-r z tr 4k. w ♦� �• 1 V YI r .9 cS f ..G .D u S S P s Ux I 0 i -T 7 cf -4— C, a ce � aA '7p 0 i -T 7 cf -4— C,