The URL can be used to link to this page

10B-057 38 mulberry planningC `\/ ALI g Z n - I CN 1 .� o x. W �c s � � Nso - I CN 1 .� z}g 1 g `4 go I� f 71+ I O � I 11 %.,. Mulberry Street Office Project Location and Use of Structures within 100' of Property Lines Structure identification 1. PH Corporation /Chartpak 2. Dorthea and Susan Carbin 3. Almer Huntley 4. Daniel and Juliet Gagnon 5. Helen A. McCarthy 6. City of Northampton 7. Mark Bernstein Use General Industry Residence Post Office Residence 2- family Residential Chlorination Station General Industry Building type Brick Wood frame Brick Wood frame Wood frame Brick Brick 1 -!l Ao0 t r Y� t J a I O A 10 56 I AC .. w '.• _ : ,: � t .. `• = ; •c': � .:: `,.�_ 1. , . / O � C� •.t µ � 4 �M 1 � • � I.YJ' :I. �' .. 54 .• v.,.It1.•. i,.rti• • �A •:l Y 4 5 3 � �■ �� ,� ;; : \ fir XZ WX .. :`•• ':•' 16.1.. , ..'.:.• r t ' ,� •• �',C � i 1' qu LP ;+ • '••` `• r - .�' •taw Z,?�'•�y�7�C , %.e -mow DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS At a meeting held on May 15, 1991, the Zoning Board of Appeals of the City of Northampton voted unanimously to GRANT the request of Mark W. Bradford for a Special Permit under the Provisions of Section 14.3 of the Northampton Zoning Ordinance, to allow construction of "a building intended for human occupancy or use on a permanent basis, having water and sewerage facilities" in the Watershed Protection District, and for approval of the site plan under the Provisions of Section 10.11. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. As to the Special Permit, the Findings were as follows: 1. The requested use is listed in §14.3 of the Northampton Zoning Ordinance as requiring a Special Permit. 2. The requested use bears a positive relationship to the public convenience in that it brings a desirable service to the village of Leeds. 3. The requested use will not create undue traffic congestion, nor will it unduly impair pedestrian safety. 4. The requested use will not overload any municipal system. It 5. The requested use will not unduly impair the integrity or .character of the district in which it is located, and is in harmony with the general purpose and intent of the ordinance. As to the Site Plan Approval: 1. All the provisions and criteria of Section 10.11 have been either met or properly waived, and the site plan is approved. The plan being approved is one entitled, "Proposed Site Plan for Mark W. Bradford, Mulberry Street, dated February 25, 1991, described as "Job No. 11217, drawn by PBM," but otherwise not identified except the notation that the plan is prepared from a plan titled, "Topographic Plan of Land in Northampton" prepared for Mark Bradford, Dated Feb., 1991, by Harold L. Eaton & Assoc., Inc. THE FOLLOWING CONDITIONS SHALL APPLY: 1. The "Order of Conditions, Massachusetts Wetlands Protection Act" File #246 -284 listing 30 conditions, issued by the `w .-ow NORTHAMPTON ZONING BOARD OF APPEALS MARK W. BRADFORD APPLICATION PAGE TWO Northampton Conservation Commission on March 11, 1991, is incorporated into this decision, and all-said conditions are made conditions of the granting of this Special Permit. The Special Permit is granted, and the Site Plan is approved. Robert C. Buscher, Chairman Dr. Peter Laband M. SanfqEd Weil, Jr. r... r..w Northampton Zoning Board of Appeals May 15, 1991 Meeting Page One The Northampton Zoning Board of Appeals met at 7:00 p. m. on Wednesday, May 15, 1991 in Council Chambers, Wallace J. Puchalski Municipal Building, Northampton, to announce a decision on the Application of Mark W. Bradford for a Special Permit and Site Plan Review. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. Dr. Laband moved that the minutes of the May 1 meeting be approved without reading. Mr. Weil seconded, and the motion passed unanimously. Dr. Laband went on, "I'm ready. I looked up what I wanted to." He moved that the Public Hearing be closed. Mr. Weil seconded, and the motion passed unanimously. Dr. Laband continued, "This is a Special Permit for a building in the Watershed Protection Overlay District, next to the Mill River. Article XI applies. There's nothing in §XIV to complicate this. Look to the §10.10 criteria, the use is listed. The positive relationship to the public good is that an office building on that lot would be convenient. There's no traffic or pedestrian issues, no municipal systems problems, won't impair the character - -it fits right in. I'd vote for it with the ConsCom conditions attached. Mr. Weil said, "I concur," as did Ch. Buscher. Dr. Laband moved that the Special Permit be granted with the condition that the ConsCom Order of Conditions be made a part of it, and moved that the site plan be approved. Mr. Weil seconded, and the motion passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. Busbher, Chairman. 1 � •..rr Northampton Zoning Board of Appeals May 1, 1991 Meeting Page One The Northampton Zoning Board of Appeals met at 7:30 p. m. on Wednesday, May 1, 1991, in Council Chambers, Wallace J. Puchalski Municipal Building, Northampton, to conduct a Public Hearing on the Application of Mark W. Bradford for a Special Permit under the Provisions of Section 14.3 of the Northampton Zoning Ordinance to allow construction of "a building intended for human occupancy or use on a permanent basis having water and sewerage facilities" in the Watershed Protection District, and also site plan review. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. Ch. Buscher opened the meeting by reading the Legal Notice, Section 10.10 of the ordinance, and a memorandum from the Planning Board. Mr. Bradford told the Board, "We've complied with all ConsCom requests, and I've altered the plan as the Planning Board asked." Dr. Laband inquired, "Is the entire parcel in the Watershed Protection District ?" "No, just partially," replied Mr. Bradford. "The building site is 20' above the water. It's a small professional office building housing my accounting practice, with some space to rent. It's a raised ranch, brick on the bottom and vinyl siding on top, fully handicapped accessible. I have a lot of support from the neighbors." Ch. Buscher asked, "City sewer and water ?" "Yes," was the reply. Ch. Buscher called for proponents, and the following people spoke: Ray LaBarge said, "I support this. The neighborhood supports it. The zone change has been made, and everything's in order." Garson Fields, 410 Kennedy Road added, "I'm here to say this is the best use of.the land and we'd love to welcome Mark to Leeds." James Raymond said, "This parcel is 20' above the water level. There is no flood problem. If this place goes, all of Leeds will go. This will be beneficial to the city." There being no opponents, Dr. Laband moved that the Public Hearing be closed. Mr. Weil seconded, and the motion passed unanimously. Dr. Laband asked, "Can we take this under advisement until the next meeting? I'd like to study Section 14." Mr. Weil added, "We need the ConsCom conditions." Dr. Laband moved to continue to May 15 when a decision will be made. Mr. Weil seconded, and the motion passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. Buscher, Chairman 310 Cuf i 10. Form 5 Commonwealth of Massac:tusetis te ../ 246 -284 (ro as awuw ay OF Northampton • A=b=t Bradford Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 AND THE NORTHAMPTON WETLAUMS PROTECTION ORDINANCE From Northampton Conservation Commission To Mark W. Bradford (Name of Applicant) 610 Spring Street Acdress Leeds, MA 01053 This Orcer is issued and delivered as follows: James D. Raymond (Name of property owner) Main Street Address Northampton, MA 01060 by hand delivery to applicant or representative on (care) by certified mail. return receipt requested on March 12, 1991 ( care ) This project is located a Mulberry Street Northampton, MA The property is recorded at the Registry of Hampshire Countv Hoo 1043 P age 461 Certificate (if registered) NSA r The Notice of Intent for this project was Bled on ' March 1, 1991 ' (date) The public hearing was closed on March 11, 1991 (date) Findings The Northampton i csi nn has reviewed the above-refiranced Notice of Intent anc plans anc nas neid a public hearing on the project. — Bases on the inforrration avadaale to the Conservation Commi atthistime,the Commission has ceteminedthat the area on whic:t the orccosed work is to be done is significant to the following interests in a=rcance with the Presumptions of Significance set forth in the regulations far each Area Subject to Protection Uncer the Act (c.`:eck as acprooriate): r Pubiic water supply CC Flood control 0 Land containing shellfish L. Private water supply (3 Storm damage prevention Fisheries L Ground water supply [3 Prevention of pollution Q Protection of wildlife habitat Total Fling Fee Submitted $525 (+ $35) State Share $250 CitylTown Share $275 ( +$35) (tp fee in excess cf S2 ) Total Refund Due S 0 Cityrown Portion S 0 State Portion S 0 (th total) (th total) - -ctve 1111CIES �'1 , AMP* , r.01 Therefore, the Northamp ton Conservation Comm. hereby finds that the following conditions are necessary, in accorcance with the Pertormance Standards set forth in the regulations, to protect those inter- ests checked above. The Conservation Commission orders that all worts shall be performed in accorcance 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 1. Failure to commy with all conditions stated herein. and with all related statutes and other regulatory meas- ures, shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privileges: it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal. state or local statutes, ordinances, by -laws or regulations. The work authorized hereunder shall be completed within three years from the care of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Ac- 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 ucon application to the issuing authority at least 30 days prior to the expiration date of the Order. o. Any fill used in connection with this project shall be dean fill, containing no trash. refuse. rubbish or de- bris, including but not limited to- lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires. ashes. refrigerators. motor vehicles or parts of any of the foregoing. -7. No work snail be undertaken until all administrative appeal periods from this Order have elacsed or, if such an appeal has been filed, until all proceedings before the Department have been completed. y 8. 1 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 He 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 ucon 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 oe 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. S. 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 Protection, File Number 246' 284 10. Where the Department of Environmental Protection is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a parry to all acency proceedings and hearings before the Department. 11 . Upon completion of the work described herein. the applicant shall forthwith recuest in writing that Certificate of Cemciiance be issued stating that the work has been satisfac:criiy =mplered. 2. T `e work snail conform to the following plans and special conditions: 5 -2 '"..- Plans: TITLE Proposed site plan for Mark Bradf , m o pe DATED SIGNED & STAMPED BY: ON FILE: 2/25/91 PBM, Env. Compliance Cons. Comm. Cons. Comm. Cons. Comm. Cons. Comm. Cons. Comm. Special Conditions: 13) All construction areas shall be restored to original condition or better upon completion of the project, including vegetation; 14) No area within the 100 year floodplain, any wetland, or area within 100 feet of a wetland or 40 feet of a 100 year floodplain, as defined in 310 CMR 10, and Chapter 24, shall be permissible disposal sites, unless such areas are specifically approved by the Commission; 15) Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; 16) Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas, and shall be implemented prior to any construction. Sedimentation and erosion control devices shall_ be placed. according to standards set in the U.S.D.A. Soil Conservation Service, "Guidelines for Soil and Water Conservation in Urbanizing Areas of Massachusetts ". Placement shall be directed at the site by the project engineer in order to accomplish maximum control of erosion and ensure than no eroded materials will reach wetland resource areas. Hay bales must be staked. Silt fencing must be placed in a dug trench with sufficient porosity to allow detained water to pass while trapping suspended sediments; 17) The areas of construction shall remain in a stable condition at the close of each construction day. Erosion controls shall be inspected at this time, and maintained or reinforced to meet specifications in the plans and this order; 18) This Order of Conditions shall apply to any successor in interest or successor in control; 19) Members and agents of the Conservation Commission shall have the right to enter and inspect the premises to evaluate compliance with the Conditions and to require the submittal of any data deemed necessary for that evaluation; 20) The Applicant shall notify the Commission, in writing, as to the date that work will be commencing on the project. Said notification must be received by the Commission no sooner than ten (10) days and no later than five (5) days prior to the commencement of the approved activity; 21) The owner of the property described in this Order must advise any potential buyer of the property that any construction upon or alteration to said property, including brush clearance, may require action by the Northampton Conservation Commission and any instrument conveying any or all of the owner's interest in said property or any portion 5 -3A M `"W ",/ thereof shall contain language substantially as follows: "This property may be subject to the Northampton Wetlands Protection Ordinance, the Wetlands Protection Act, an Order of Conditions, and /or a Determination of applicability from the Northampton Conservation Commission "; 22) Any fill used in this project shall be clean fill, including soil, gravel, rock, and loam. The applicant is prohibited from using demolition materials, asphalt, large chunks of concrete, tree stumps and limbs, and general refuse;' 23) The contractor is responsible with the applicant and property owner for any violation and the penalties under the law for such violation. While all activities regulated by this Order are being performed and during the construction phase for this project, an on -site foreman, or project engineer, shall have a copy of this permit at the site, be familiar with the conditions of this permit, and adhere to such conditions. A copy of the plans and Order must always be on -site and in all excavating machinery when work is being performed; 24) All required permits must be obtained from the Planning Board, Zoning Board, Department of Public Works, & Building Inspector prior to the start of this project and all permits must be complied with. Army Corps of Engineers 404 permits and Water Quality Certifications must be obtained prior to the start of projects involving fill within wetlands; 25) Upon completion of the project, the Applicant shall submit a statement that all work has been done in conformance with the provisions of the approved Order of Conditions and request a Certificate of Compliance. (if checked) Statement shall be by a Professional Engineer or by a Wetlands Consultant who has been approved by the Commission: [X ] YES [ ] NO 26) (if checked) An "As Built" plan shall be included with the project engineer's statement, detailing the post - development conditions of the site: [ ]YES [X] NO. 27) Plans must be revised and given to the Commission before construction to incorporate the following requirements: a. The three foot sumps and the gas trap (with a removable hood) in the catch basin. b. Berms on the down gradient side of the parking lot. C. Roof drainage into small leaching pits. d. Leaching basins (including the gravel around the basins) must be moved back so they are at least 10 feet from the tpp of the bank. e. The hale bale barrier must be moved so it is at least 10 feet from the top of the bank. This barrier must be placed before any other work is done on the site and is a non - encroachment line. Except for the removal of unhealthy trees, no work may be done on the resource side of the hay barrier. 28) The property owner must maintain property to protect resource areas and bank, including: a. All pavement and parking areas must be swept once a year. b. The catch basin and leaching basins must be inspected once a year and cleaned out as needed. C. Reports of required inspections and cleaning must be saved and be made available to the Commission on request. 29) Snow may not be dumped over the top of the bank shown on the plans. 30) Before any construction begins the developer must dig a ten foot deep test pit at the leaching basin location, with representatives of the Commission present, and insure that there is no indications of groundwater within 10 feet. If there is groundwater, the applicant must submit revised plans to address drainage before any construction proceeds. (speccond 2/13/91) ../ Issued 9y _ Northampton Conservanon Commission This Order must be signed by a majority of the Conservation Commission. ". On this j / r day of �` /�2r 19 �'/ m personally appeare Dl vS0 ��NG t�2 .before - ,tome known to be the person described in and who executed the foregoing instrument and acknowledged that he: she executed the same as his/her free act and deed. SPAT tp, P�Ibsr� NOTARY PUB Z4 , t COMMISIION SNPIgES JAN. fie: 11w Notary Public My commission expires The aoolfeartt. me cwnef any person aggnSved by this Omer. any owner of land abutting the land uom wnich the orcoosed work is to be cone. or any ten residents of the city or town in wrWh such land is =ateo. are nerecy notified of their ngnt to request the Decartmem of Environmental Protection to issue a Superseding Order. providing the request is mace by certified mail or hand delivery to the Decartment. with me aot)=nate filing fee and Fee Tiansmttrel Fort as provided in 310 CUR 10.03n within ten days from the date of issuance of this Determination. A copy of the request shall at the same time t» sent by ca tified mail or hand 69"Y 10 * 1119 Cartservation C mnsston and the applicant. t Detach on dotted line and submit to the Northampton Conservation COMM- pnor to commencement of work. To Northampton Conservation Commission :sst:rlgr.utnor.:� Please oe advised that the Omer of Cancltions for me protect a /h vL 8cR°y S72FF - �e vu icier 246 — �8'f Nort as ,pr ZIA as oeen recoraeC at the Registry of m s ire Uounty and has oeen noted in me c.-ain of title of *,tie affected oracerty in accordance•w!m General Condition a on 19 / it retarded land. the instrument numaer wn,= identities tha fiction It re,,:sterea lano. me cocument numoer wni= identifies ma transaction is . S:cna �CCeC3nt -4A ,, e CITY OF NORTHAMPTON g ZONING BOARD OF APPEALS NORTHAMPTON, MASSACHUSETTS 01060 DATE: JUN -61991 Certificate of Granting of Variance or Special Permit (General Laws, Chapter 40A, Section 11) THE ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON HEREBY CERTIFIES THAT A VARIANCE OR SPECIAL PERMIT HAS BEEN GRANTED: TO: MARK W. BRADFORD ADDRESS: 610 SPRING STREET CITY: LEEDS MA 01053 AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR BUILDINGS AT: MULBERRY STREET, LEEDS (SHEET 10B, PARCEL 57). And the said Zoning Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Variance/ special Permit, and that copies - of said decision, and all plans referred to in the decision, have been filed with the City Clerk. The Zoning Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no Variance or Special Permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed after the decision has been filed in the Office of the City Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index 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. ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON By: B Robert C. Buscher, Chairman R. J. Pascucci, Secretary O�HAMP�p 1 -1/ -moll CITY OF NORTHAMPTON $ ZONING BOARD OF APPEALS NORTHAMPTON, MASSACHUSETTS 0 1060 N441! M.W DATE JUN - 61991 RE: THE REQUEST OF MARK W. BRADFORD FOR A SPECIAL PERMIT TO ALLOW CONSTRUCTION OF A PROFESSIONAL OFFICE BUILDING ON MULBERRY STREET IN LEEDS. Pursuant to the Provisions of the General Laws of the Commonwealth of Massachusetts, Chapter 40A, Section 15, notice is hereby given that a decision of the Zoning Board of Appeals of the City of Northampton was filed in the Office of the City Clerk on the above date GRANTING the Special Permit. If you wish to appeal this action, your appeal must be filed in Superior Court within 20 days of the date this decision was filed in the Office of the Northampton City Clerk. Robert C. Date Filed ZONING PER14IT APPLICATION Zoning Ordinance 9 / 0,2 1, Dame of Anolicznt: 14AI0 le i / /•try n z.4 2. 3. 4 . Pods Telephone.- Owner. of Property „ e , Address: i _S c.r/�.Qr ,r/ Telephone: Status of Amolicent Owna X Purchaser Lessee Other (explain: ) Parcel Identification zoning Map Sheet` P'arce1 2 Zoning District(s) Street Address /YJ em Coiji pliatnce' with Zon inc {: Existing Y n / Pro p osed f � . f� Use? of ?.'i(;rwjLUVO/Prupal - Ly Size.of Structure (sq,ft,) Building height Building Coverage Setbacks - front �o - ,side .ah . rear i4 + 30 Lot Size t. aSGiGo Frontage Floor Area Ratio O % open space _ / u g r. Parking Spaces ---- -- 3 Loading Spaces N Signs ' ` Fill (volume & location) n 6., ' Narratite DescrLotion of 'Proposed Work addit�,dnal sheets it necessar /Pr °sec Use f 7. Attached Plans Sketch Plan � Site Plan 81 Certification I hereby certify that the d herein is true and accurate to the best o mY knowl ge, Date: JJ3/ Applicant's Signature: �' THIS S. Sf CTIUN FUR OFFICIAL USE UNLY t - - - - - '- Approved as presented Denied as presented Reason Denial: Cat 1 In Signature of Building Inspector. File No, m 4 Z MM1 p Date Filed File No. SPECIAL PERMIT APPLICATION 1. Issuing Authority _zZB/A, Planning Board City Council 2. Name of Applicant K Address: , /p - 5oQ „„ 9 <'f. _ /_ g s . /1'l.¢ Telephone: tS?f _s'i_s� CCU Z if 0 3. Owner of Protierty 1%�, .0's ,1,, .�,4 o,dG✓ Address: /YJ,y,,V Sy- /V o.�� iAM,a.+J t , M.¢ Telephone: 4. Status of Applicant Owner Contract Purchaser Lessee Other (explain. ) n 5. Parcel Identification Zoning Map Sheet # /D,Q Parcel # -/ , Zoning District(s) N Street Address /�4 / ,<• ,( S 6. Special Permit is being requested under Zoning Ordinance Section /A/, 3 Page 7. Narrative Description of Pronosed Work /Protect (Use additional sheets if necessary) 8. State How Work /Proposal Complies with Special Permit Criteria (See Applicant's Gui and use additional sheets if necessary) 1✓a e r— 9. Attached Plans Sketch Plan Site Plan None Required 10. Abutters (See instructions. Use attached abutter's list) 11. Certification I hereby certify that I have read the GUIDE TO APPLYING FOR A ZONING VARIANCE, SPECIAL PERMIT OR FINDING and that the information contained herein is true and accurat the best of my knowledge. Date: - // Applicant's Signature: ^/90 Date Filed: 1. Name of Applicar Address: !d 2. Owner of Propert Address: /4.*f/.� I �z File #: SITE PLAN REVIEW APPLICATION i,-�- Sr. /Pe 1S , / l,d Telephone: 1 111 mtS R- 4y✓"�U e/Gf (ZBA /PB) -S/ 3. Status of Applicant Lessee _ 4. Street Address: Telephone: _Owner __ Contract Purchaser Other (Explain) oning Map # /D Parcel S7 y ie< .Sr. Xefa's' Zoning Dist.: JVe 5. SITE PLAN REVIEW IS REQUESTED FOR THE FOLLOWING PROJECT: (Check one) MAJOR PROJECTS: New construction of 5,000 square feet or more of gross floor area, or the addition of 4,000 square feet or more of gross floor area. Commercial parking lot or parking garage, including municipal projects. A project for which the Zoning Ordinance requires ten or more parking spaces. A Rural Residential Incentive Development project. INTERMEDIATE PROJECTS: Conversion of a single or two - family home to a two- or three- family dwelling. Addition of an accessory apartment to an existing home. X_ A project (excluding single - family dwellings) which involves new construction of not less than 2,000 square feet of gross floor area, or an addition of not less than 2,000 square feet, but not more than 3,999 square feet of gross floor area. A project for which the Zoning Ordinance requires six to nine parking spaces. 6. 7. Attach your site plan and Abutters List. (See instruction page) 8. I certify that the information contained herein is true and accurate to the best of my knowledge. Date: Al Applicant's Signature: 19 r ' m � fl� EF rrr r rr , 8� if p :o Ala Iz E � D fit r t i nr pf 1; 1 o o a m a fn m m O Z VOOO -•� a3 - i ( i l i t x � � � � T f rj (/ rr ( r '-� � rlrr wig; r �' • • 1., ! r•+ f i F �_ r t 1113 H fill! 1t1� Fat! F r �� ttr t ( ► fa i� • t (� of eft r , i ,�� 1! t r r r # • ►' i � � f! of ffr � � � ` f � � g =�` {� iL �� , .��tt t�� rjtt rt:'' t ot`� F F i' C , ) Y l i i r YY YY T � r t ( ( ( DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS At a meeting held on September 19, 1990, the Zoning Board of Appeals of the City of Northampton voted unanimously to DENY the request of Mark W. Bradford for a Variance from the Provisions of Section 6.2 of the Zoning Ordinance of the City of Northampton, and the "Lot Layout" definition in Article II, to allow him to construct a small office building to house his accounting practice on property on Mulberry Street, Leeds, specifically Sheet 10B, Parcel 57 as shown on the Northampton Assessor's Maps. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. The Findings were as follows: 1. Section 10 of Chapter 40A, Massachusetts General Laws, places the affirmative burden on the Applicant to prove that 1) There is something unique about his parcel that prevents his land from being used for any of the allowed uses in Section 5.2 of the Ordinance, and 2) Literal enforcement of the Ordinance would cause substantial hardship. The Applicant has failed to prove either point. 2. The request for a Variance is denied. Robert C. Buscher, Chairman 'I 'i Dr. Peter Laband �I �I M. Sanford Weil, Jr. Northampton Zoning Board of Appeals September 5, 1990 Meeting Page One The Northampton Zoning Board of Appeals met at 7:25 p. m. on Wednesday, September 5, 1990 to conduct a Public Hearing on the Application of Mark W. Bradford for a Variance from the Provisions of Section 6.2, and the "Lot Layout" definition in Article II, to allow him to construct a small office building on property on Mulberry Street, Leeds, in a General Industrial zone. Mr. Bradford is a contract purchaser of the parcel which is owned by James Raymond. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. Ch. Buscher read the Legal notice, the Application, a memorandum from the Northampton Planning Board, Section 10 of Chapter 40A, M. G. L., and Section 6.2 on Page 6 -5. Mr. Bradford addressed the Board, "You may remember me from my Special Permit for a home occupation as a C. P. A. I want to do business in Leeds. This lot is right next to the Post Office, across from Chartpak. My hardship is that I don't know where else in Leeds I could do business. If I can't buy it, it's a financial hardship to Mr. Raymond. None of the abutters object. It makes good sense to give me a variance. This will be rezoned in a couple of months, and if you give me the Variance now, I can begin construction before winter." Mr. Weil inquired of Mr. Bradford, "What's your hardship? Raymond's hardship doesn't mean anything - -he's not the Applicant." Mr. Bradford replied, "My hardship is you will preclude me from' doing business in Leeds, which is my constitutional right. I don't want to be in Haydenville. If the zoning map changes, I won't need any Variance." Mr. Weil riposted, "You can't guarantee that the City Council will rezone, so why should we take a gamble ?" Dr. Laband, holding up a copy of Judge Murphy's recent order on a zoning appeal said, "Judge Murphy chipped our teeth for granting a variance without meeting the criteria. He overturned us." He then read a portion of the decision relative to hardship, quoting, "The hardship is personal, not related to the locus." Dr. Laband then said to Mr. Bradford, "Get a lawyer to tell you about hardship. I see no connection between the lot and hardship. A professional office is not allowed in the GI zone. I'd have to " vote 'no. ' Mr. Weil commented, "His office would be allowed in an NB zone." Mr. Bradford continued, "When I signed my buy -sell agreement in April, Mr. Smith and Mr. Feiden told me to apply for a Variance. That's what you have in front of you. I don't have a hardship- - Mr. Raymond does. If I can't build, then the lot's worthless. I need assurance that I can build before I spend $4- $5,000 on engineering. If you don't grant the Variance, I opt out of the buy -sell agreement." '..i ,../ Northampton Zoning Board of Appeals September 5, 1990 Meeting Page Two Dr. Laband countered, "There are a lot of things that are allowed by right. You can't say it's a hardship because you can't build an office. If we turn this down, I'd allow him to return to us in less than two years if he needs some sort of relief." Ch. Buscher commented, "I'm confused. Clearly you need a use variance. Your Application says you need a Variance under Section 6. Mr. Bradford responded, "Lot layout is the problem." The Chair called for other proponents, and James Raymond, 71 Columbus Avenue spoke. "This was once part of the old Starbuck property. My mother bought it, sold some to Chartpak and to the Post Office. This 22,000 square foot parcel is what's left. It has 200 +' of frontage, but 'average depth' is the problem. This parcel has lain fallow for many years. If he can't use it, it can't be used. Its highest and best use is as an office building. In the interest of expediency, I think you should grant the Variance." Raymond LaBarge, City Councilor said, "I walked the neighborhood to get opinion. Everyone is very supportive. Chartpak is very supportive. The only negative is Mark Bernstein from Boston, who owns land across the river. I hope you grant the Variance. The Mulberry Street bridge is going to go, and the road will be widened. If he doesn't get his utilities in before they widen and pave the road, then he can't touch the road for five years." Mr. Weil then asked Mr. LaBarge, "You are introducing a zone change? What's the status ?" Mr. LaBarge replied, "It will' - go to Council tomorrow night." Barbara Bitura Past President of the Leeds Civic Association, said, "The land now needs help. This property would definitely improve if you granted the Variance. The lot is overgrown. The zoning should be changed. I agree with Mr. LaBarge - -this cannot possibly be detrimental to the neighborhood." Martha Hayes, 615 Spring Street commented, "It's a shame that Mr. Bradford has to go through all this baloney. He's going to improve Leeds." Mr. Raymond added, "The hardship is the length of time, well into the winter months. If Mulberry Street is reconstructed, it could mean five years. Time is of the essence." Mr. Bradford added, "Once the zoning is changed, I have to go before the ConsCom." There was no one else present to speak, and no opponents. Dr. Laband moved that the Public Hearing be closed, and the matter taken under advisement. He said, "There's a misconception about what the ZBA can and can't do. Judge Murphy just told us what we can and can't do. Sure, there's no opposition, but we're handcuffed by the ordinance. If it's not allowed, it's not '%=W ,..+ Northampton Zoning Board of Appeals September 5, 1990 Meeting Page Three allowed. When the council gets ready to, they can re -do the zoning in the snap of a finger. Look at Tour de Trump. It's not necessarily a lengthy process. If they're convinced this is a gross injustice, things can happen." Mr. Weil commented, "I don't even know, Peter, why we should take this under advisement. I cannot vote for this Variance." Ch. Buscher said, "I want to correct something I said earlier. If the zone is changed, then Mr. Bradford doesn't have dimensional problems." Mr. LaBarge opined, "I sense you won't approve this. If he withdraws without prejudice, he would have to wait two years." Dr. Laband reminded Mr. Labarge that he earlier said that the Board wouldn't make him wait two years to come back if he heeded some form of relief. Ch. Buscher added, "Things can't change. There's no hardship either for Bradford or Raymond." Dr. Laband replied, "You're right. I'm grasping at straws." Ch. Buscher then suggested that Dr. Laband's motion be split. Dr. Laband then moved that the Public Hearing be closed. Mr. Weil seconded, and the motion passed unanimously. He then moved that the matter be taken under advisement. Ch. Buscher seconded, and after some discussion, the motion passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. Buscher, Chairman I.. ,,./ Northampton Zoning Board of Appeals September 19, 1990 Meeting Page One The Northampton Zoning Board of Appeals met at 8:45 p. m. on Wednesday, September 19, 1990 to announce a decision on the Application of Mark Bradford for a Variance from the Provisions of Section 6.2, and the "Lot Layout" definition in Article II, to allow him to construct a small office building on property on mulberry Street, Leeds. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. Mr. Weil recapped the Application and commented, "Hardship cannot be met. The Applicant is not the owner. The Applicant admits he has no hardship. The area is mis- zoned. I would move to deny the Variance." Dr. Laband added, "I agree. We specifically find that the Chapter 40A criteria are not met. The Applicant admits there is no hardship. The rest is irrelevant." Ch. Buscher concluded, "I agree with my colleagues. This is not a matter of the Applicant being unable to carry on his occupation. He has an office in Haydenville. He wants to be in Leeds. There's nothing about the land that prevents its being used for any allowed use. Dr. Laband seconded Mr. Weil's motion to deny the variance, and the motion passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. uscher, Chairman )r~1" I.. ,,./ CITY OF NORTHAMPTON ZONING BOARD OF APPEALS NORTHAMPTON, MASSACHUSETTS 01060 DATE: 8- EP 2 7 1990 RE: THE REQUEST OF MARK W. BRADFORD FOR A VARIANCE TO ALLOW CONSTRUCTION OF A SMALL OFFICE BUILDING ON A PARCEL ON MULBERRY STREET, LEEDS. Pursuant to the Provisions of the General Laws of the Commonwealth of Massachusetts, Chapter 40A, Section 15, notice is hereby given that a decision of the Zoning Board of Appeals of the City of Northampton was filed in the Office of the City Clerk on the above date DENYING the requested Variance. If you wish to appeal this action, your appeal must be filed in Superior Court within 20 days of the date this decision was filed in the Office of the Northampton City Clerk. Robert C. Buscher, Chairman &VV3 Date Filed File No. �_ / ZONING PERMIT APPLICATION F 0:) Zoning Ordinance Section 10.2 1. Name of Applicant /� " /, Z Q II 0 t .._.- .,,Address: /(j _� p,� s Telephone: 2 . ,`. ". Owner of Property Address : , S7 Telephone: 3. r. Status of Applicant Owner Contract Purchaser Lessee Other (explain: ) 4. t ..; Parcel Identification Zoning Map Sheet,# /O,B Parcels 7 �Zoning Districts) G IT Street Address /0'. /.4, _ -, C'T l ,,A, 5. Compliance with Zoninq Use of Structure /Property Size of Structure (sq.ft.; Building height Building Coverage Setbacks - front - side - rear RM Existing Proposed 00 J D So Lot Size 2 S ,')rs ,. Frontage O n. Floor Area Ratio ,y /A ,S`h' Open Space pC %', 1 73, 712 Parking Spaces / 3 P Loading Spaces _ Signs _ _ / - T,, 7 Z., 2' Fill (volume & location) /V "", P Narrative Description of Proposed Work /Project (Use additi sheets if necessary) C. ovS7e4C7 - �ev o f/i _57TP Approved as presented Denied as p resented Reason for Denial: 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 7 knowledge. Date: Applicant's Signature: GL-i ice'/ THIS SECTION FOR OFFICIAL USE ONLY - - - - - - - - _ Signature K)B t' ••1 RECEIVrn Dates! - r OFFICE 0 Y- & DEVELOHNii:N /C C, y 10. Certification I hereby certify that I have read APPLYING FOR A ZONING VARIANCE, SPECIAL PERMIT OR that the information contained herein is tr"Cie 'an the best of my knowledge. t Date: 6/12/90 re: the GUIDE TO FINDING and -,--- 41PW�440= VQ OFFICE 6F PLAN NT & .M%90 Date Filed Date Filed VARIANCE APPLICATION 1. Name of Applicant Mark W. Bradford Address: 610 Sp ring Street Telephone: 585 -5152 Leeds, Ma. . 2 . Owner of ProP.erty James Raymond Address: Main St., Northampton, MA. Telephone: 3. _Status of Applicant Owner X Contract Purchaser Lessee Other (explain: ) 4. Parcel Idenitification Zoning Map Sheet# IOB Parcel # , Zoning District(s) GI , Street Address Mulberry Street, Leeds 5. Variance is being requested under Zoning ordinance Section 6.2 , Page 6.5 --(Table of Dimensional Re u irements) 6. Narrative Description of Proposed Work /Project ?Use additional sheets if necessary) Construct an office building on the site. 7. State How Work /Proposal Complies with Variance Criteria (See Applicant's Guide and use additional sheets if necessary) Due to the unusual shape and topography of the site the lot does not confdrm to the current averaae lot dep � 4 6" requirements-which creates a substantial hardship to both the owner and the Appelant. The request, if granted will provide a substantial inhancement and betterment to the community. 8. Attached Plans X Sketch Plan Site Plan None Required 9. Abutters (see instructions. Use attached abutter's list) 10. Certification I hereby certify that I have read APPLYING FOR A ZONING VARIANCE, SPECIAL PERMIT OR that the information contained herein is tr"Cie 'an the best of my knowledge. t Date: 6/12/90 re: the GUIDE TO FINDING and -,--- 41PW�440= VQ OFFICE 6F PLAN NT & .M%90 N VII k. Cti S'c,s �,t p SU -5 c T 6d ..ST O_r cap o eQ.'�J •i: J, : +r -• µ�;1 ^,r:l.•,'.�t� { _ .. f X. �L•' •I: N: 1� 107 ti 12 47 x 10 56 ,Art �� .•1:. % 1' /� .�77. V . . :•''•: i . .. • ... `...,.user ;.r,ltt• {j. ;Yi t 4 lei:• 9SI i 1 •C•:r•• 5 3 rrr�i� ' ti'• t2 % r■ !fit ■ r� • -s o c :'t ' ' Q. ^ . $rye i . 6Z V .. .. .i. • ` :is' .. ,�'i a " ra° 1T I Date Filed VARIANCE APPLICATION -.Noe Date Filed 1. Name of Applicant Mark W. Bradford Address: 610 Spring Street Telephone: 585 -5152 Leeds , Ma. 01053 2. Owner of Proaerty James Raymond Address: Main St., Northampton, MA. Telephone: 3. Status of Applicant Owner X Contract Purchaser Lessee Other (explain: ) 4. Parcel Identification Zoning Map Sheeti 10B Parcel, 57 , Zoning Districts) GI Street Address Mulberry Street, Leeds the best of my knowledge. Date: 6/12/90 nn 1 s S • tnrr Y .� 0 1990 5. Variance is being requested under Zoning Ordinance Section 6.2 Page 6.5 --(Table of Dimensional 6. Re uirements) Narrative Description of Proposed Work /Pro'ect Use additional sheets if necessary) Construct an office building on the site. 7. State How Work /Proposal Complies with Variance Criteria (See Applicant's Guide and use additional sheets if necessary) Due to the unusual shape and topoccraphy of the site lot _does not confdrm to the current average lot depth�o _l._. reauirements.which creates a substantial hardship to both the owner and the Appelant The request if granted will provide a inhancement substantial and betterment to the community. 8. Attached Plans X Sketch Plan Site Plan None Required 9. Abu= (See instructions. Use attached abutter's list) 10. Certification I hereby certify that I have read the GUIDE TO APPLYING FOR A ZONING VARIANCE, SPECIAL PERMIT OR FINDING and that the information contained herein is true and accurate to the best of my knowledge. Date: 6/12/90 nn 1 s S • tnrr Y .� 0 1990 Date Filed 4 11tAM e -fc.�► ti r , " we File No. ZONING PERMIT APPLICATION Zoning Ordinance Section 10.2 1. Name of A Address: 2. Owner of Address: 3. 4. licant: p / / / <K ter/, yic176/1 v6�61 S' Telephone: J 3S -S is „Z Doerty '/A /-j S7 1U,,r. ,- ,.,,.,,o, x'1.4 .. Telephone: Status of Apnlicant owner 4 Contract Purchaser Lessee other (explain: ) Parcel Identification Zoning Districts) Street Address Zoning Map Sheet# /09 Parcelx , 0 6. Comnliance with Zoning Existing II Proposed ) Use of Structure /Property �/ a dr0 Size of Structure (sa. ft.) 00 Site Plan Building height 9 8. Certification I hereby certify that Building Coverage �•�� "� herein is true Setbacks - front /1 A o - side A1119 - 0 I - rear S O Lot Size KOO S 7 '•. ^�{ =r <``� Frontage oa 2 n.,;z Floor Area Ratio / v/,4 •� =/ `�� % Open Space / DO % 6 /n Parking Spaces IV / P�,e e- yea /ov�i / S Loading Spaces Signs ” Fill (volume & location) / l Narrative Description of Proposed Work /Project (Use ad na1 sheets if necessary) a v,S TL 4G7 - 4A 4� I� ? diti Approved as presented Denied as presented Reason for Denial: Signatu f� l�i�y or Date 0 ,nlN 01990 7. Attached Plans Sketch Plan Site Plan 8. Certification I hereby certify that the information contai d dge herein is true and accurate to the bey know Date: S 9U Applicant's Signature: I THIS SECTION FOR OFFICIAL USE ONLY _ w Approved as presented Denied as presented Reason for Denial: Signatu f� l�i�y or Date 0 ,nlN 01990 ENVIRONMENTAL COMPLIANCE SERVICES, INC. March 20, 1991 File No. 11217 Document No. 3044 DEP File No. 246 -284 Department of Environmental Protection Western Regional Office 436 Dwight Street Springfield, MA 01103 RE: Mulberry Street Leeds, MA Dear Sir /Madam: Please accept the following information in response to concerns voiced in your Standard Notification of File Number Form issued for the above referenced project on March 8, 1991. C oncern: It is not clear if measures are to be taken to avoid sedimentation of resource area if leaching basins over top during storm events greater than the 10 year event. Rinse The stormwater drainage system is designed to handle a minimum of the 25 year storm. One leaching chamber (with stone storage) is capable of containing the total volume of runoff from the parking lot from the 10 year storm. This does not include the leaching rate. The stormwater drainage system is designed with two leaching chambers. The soils on site are Hinckley loamy sand and have a permeability rate of > 20 in/hr. at a depth > 13 in. In the case of a larger storm event, the two leaching chambers and catch basin shall simply fill up, with any excess water temporarily backing up into the bermed parking area. No adverse effects to resource areas are anticipated. 588 Silver Street • Agawam, W 01001.413- 789 - 3530.203 -291 -9229 • FAX 413 - 789 -2776 1 9 ENVIRONMENTAL COMPLIANCE SERVICES, INC. Department of Environmental Protection Western Regional Office March 20, 1991 Page 2 If you have any questions regarding the above information, please do not hesitate to contact this office. Sincerely, Keith L. Morris Wetland Specialist KLM/jm lug &xecutive Goice 4 &nvir onmental & department of Environmental 66teetion DANIEL S. GREENBAUM �(� Commissioner Western e ?ivn JOHN J. HIGGINS 436 2wight e5treet, eFp rinoiel8, &Naw. 01103 Regional Director 413) 784 -1100 {{�� RE: NOTIFICATION OF FILE NUMBER DATE: l� I IVETLANDS/ �_�n� V7(N (city /town) This Department is in receipt of the following application filed in accordance with the Wetlands Protection Act, General Laws Chapter 131, Section 40 ( "The Act ") APPLICANT: MhfL ' . EPAJ)F 90 OWNER OF LAND: D. PAymmo ADDRESS: Wo S�NG S 'in, ADDRESS: NIN j'r7_ PROJE T LOCATION: M IILRtRI�Y A I , This project has been given the following Wetlands File Number in accordance with the Act. - -7-44 Please refer to this file number when mak any future communications with this office Tile issuance of a file number indicates the minimum submittal requirements for filing a Notice of Intent have been met. Revised plans /supporting documentation (1 and /or 2 checked below) should be submitted to this office and to the Conservation Commission. 1 - ( ) Plans should delineate all site areas subject to protection under 310 CMR 10.02 (1), do (2). 2 - Plans and supporting documentation should indicate how the proposed work meets the requirements under 310 CM 10.54 - 10.60 for those areas subject to protection that will be lter the p�' o- posed w rk. )J P. h Ups ('rL4 /idi.'� 'zYo C1r� �. - k t lYU !6M Id aKcA i ;rV t��)nf (1L<'Ro ✓� {M Zu nfx re i h rr• - - I� 3 - ( ) Applica ion as been orwarde vision of ate mays to ete mine a Chapter 91 license is required. A decision will be issued by the Division of Waterways within 21 days. 4 - ( ) Applicant is advised to -forward a copy of the Notice of Intent to the Army Corps of Engineers for Sec. 404 review (Call 1- 800 - 362 -4367 for further information.) 5 - ( ) Project may require a Water Quality Certificate. Applicant is advised to contact the DEP Division of Water Pollution Control (1 Winter St., Boston, MA 02108; Tel: (617) 292 -5673) for forms and further information. B 7 No File# will be assigned to this project until the following missing information is sent to this office to complete the filing in accordance with the Act: 1 - ( ) Two (2) copies of a completed Notice of Intent (Form 3 of Sect. 10.99) or Abbreviated Notice of Intent (Form 4 of Sect. 10.99), whichever is applicable, Appendix A documentation, and copy of Fee Transmittal Form with copy of Filing Fee Check. 2 - () Two (2) copies of plans, supporting calculations, and other documentation necessary to completely describe the proposed work and mitigating measures. 3 - ( ) Two (2) copies of an 81 x 11" section of the USGS quadrangle map of the area containing sufficient information for the Conservation Commission and the Department to locate the site of the work. 4-( ) Two (2) copies of plans showing compliance with Title 5 of the State Environmental Code, 310 CMR 15.00, if applicable, i.e., whenever a subsurface sewage disposal system is involved. (See part 1, Sect. 15.02 (5) of the Regulations.) Copies also sent to: ( ) DEP Division of Water Pollution Control ( ) City or Town Board of Health ( ) U.S. Army Corps of Engineers, Regulatory Branch ( ) Office of Coastal Zone Management WRWL 100 (2/90) WHITE - Applicant YELLOW - Owner PINK - Conservation Comm. GOLD - File PV 310 CMR 10.99 Form 5 DEP Fits NO- 246 -284 00J &G1 (To o• arwiona try DEP) Commonwealth C+ty,Town Northampton '_' = of Massacnusetts Bradford AOOitC3nt Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 AND THE r NORTHAMPTON WETLANDS PROTECTION ORDINANCE From Northampton Conservation Commission To Mark W. Bradford James D. Raymond (Name of Applicant) (Name of property owner) 610 Spring Street Main Street p Address Leeds, MA 01053 Address Northampton, MA 01060 This Oroer is issued and delivered as follows: by hand delivery to applicant or representative on I by certified mail, return receipt requested on March 12, 1991 (date) (date) This project is located at Mulberry Street Northampton, MA The property is recorded at the Registry of Hampshire County Boo 1043 p age 461 Certificate (if registered) N/A The Notice of Intent for this project was filed on March 1, 1991 (date) The public hearing was closed on March 11, 1991 (date) Findings The Northampton C onse va t-i nn Commi cc; nn has reviewed the above- ref6r-enced Notice of Intent anc plans ano has neld a puolic heanng on the project. 3asec on the information availaole to the Conservation Commission at this time. the Commission has cetermined that the area on whicn the orcoosed work is to be done is significant to the following interests in accorcance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act (c::eck as acpropriate): ❑ Pubiia water supply Flood control ❑ Land containing shellfish ❑ Private water supply ❑ Storm damage prevention ® Fisheries ❑ Ground water supply ❑ Prevention of pollution ❑ Protection of wildlife habitat Total Fling Fee Submitted $525 (+ $35) State Share $250 City/Town Share $275 ( +$ 3 5) ( fee in excess of S25) Total Refund Due S 0 City/Town Portion S 0 State Portion S 0 ( /2 total) ( /2 total) Effective 11/10189 5 -1 sKK 3 9 2 n 0 17 Therefore, the Northampton Conservation Comm. hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter- ests checked above. The Conservation Commission orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the tol- lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent. the conditions shall control. General Conditions 1 . Failure to comply with all conditions stated herein. and with all related statutes and other regulatory meas- ures, shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privileges: it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by -laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act: or (b) the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. 5. This Order may be extended by the issuing authority for one or more periods of uo to three years each uoon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or de- bris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes. refrigerators, motor vehicles or parts of any of the foregoing. 7. No work snail 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 Co miaai on 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 Protection, File Number 246— 284 10. Where the Department of Environmental Protection is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 1 1 . Upon completion of the work described herein, the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 1 2. The work snail conform to the following plans and special conditions: 5 -2 Plans: TITLE DATED SIGNED & STAMPED BY: ON FILE: Proposed site plan for M ark Bradford 2/25/91 PBM, Env. Compliance Cons. Comm. Cons. Comm. Cons. Comm. Cons. Comm. Cons. Comm. Special Conditions: 13) All construction areas shall be restored to original condition or better upon completion of the project, including vegetation; 14) No area within the 100 year floodplain, any wetland, or area within 100 feet of a wetland or 40 feet of a 100 year floodplain, as defined in 310 CMR 10, and Chapter 24, shall be permissible disposal sites, unless such areas are specifically approved by the Commission; 15) Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; 16) Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas, and shall be implemented prior to any construction. Sedimentation and erosion control devices shall be placed according to standards set in the U.S.D.A. Soil Conservation Service, "Guidelines for Soil and Water Conservation in Urbanizing Areas of Massachusetts ". Placement shall be directed at the site by the project engineer in order to accomplish maximum control of erosion and ensure than no eroded materials will reach wetland resource areas. Hay bales must be staked. Silt fencing must be placed in a dug trench with sufficient porosity to allow detained water to pass while trapping suspended sediments; 17) The areas of construction shall remain in a stable condition at the close of each construction day. Erosion controls shall be inspected at this time, and maintained or reinforced to meet specifications in the plans and this order; 18) This Order of Conditions shall apply to any successor in interest or successor in control; 19) Members and agents of the Conservation Commission shall have the right to enter and inspect the premises to evaluate compliance with the Conditions and to require the submittal of any data deemed necessary for that evaluation; 20) The Applicant shall notify the Commission, in writing, as to the date that work will be commencing on the project. Said notification must be received by the Commission no sooner than ten (10) days and no later than five (5) days prior to the commencement of the approved activity; 21) The owner of the property described in this Order must advise any potential buyer of the property that any construction upon or alteration to said property, including brush clearance, may require action by the Northampton Conservation Commission and any instrument conveying any or all of the owner's interest in said property or any portion 5 -3A 9 0 E.1 Plans: TITLE DATED SIGNED & STAMPED BY: ON FILE: Proposed site plan for M ark Bradford 2/25/91 PBM, Env. Compliance Cons. Comm. Cons. Comm. Cons. Comm. Cons. Comm. Cons. Comm. Special Conditions: 13) All construction areas shall be restored to original condition or better upon completion of the project, including vegetation; 14) No area within the 100 year floodplain, any wetland, or area within 100 feet of a wetland or 40 feet of a 100 year floodplain, as defined in 310 CMR 10, and Chapter 24, shall be permissible disposal sites, unless such areas are specifically approved by the Commission; 15) Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; 16) Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas, and shall be implemented prior to any construction. Sedimentation and erosion control devices shall be placed according to standards set in the U.S.D.A. Soil Conservation Service, "Guidelines for Soil and Water Conservation in Urbanizing Areas of Massachusetts ". Placement shall be directed at the site by the project engineer in order to accomplish maximum control of erosion and ensure than no eroded materials will reach wetland resource areas. Hay bales must be staked. Silt fencing must be placed in a dug trench with sufficient porosity to allow detained water to pass while trapping suspended sediments; 17) The areas of construction shall remain in a stable condition at the close of each construction day. Erosion controls shall be inspected at this time, and maintained or reinforced to meet specifications in the plans and this order; 18) This Order of Conditions shall apply to any successor in interest or successor in control; 19) Members and agents of the Conservation Commission shall have the right to enter and inspect the premises to evaluate compliance with the Conditions and to require the submittal of any data deemed necessary for that evaluation; 20) The Applicant shall notify the Commission, in writing, as to the date that work will be commencing on the project. Said notification must be received by the Commission no sooner than ten (10) days and no later than five (5) days prior to the commencement of the approved activity; 21) The owner of the property described in this Order must advise any potential buyer of the property that any construction upon or alteration to said property, including brush clearance, may require action by the Northampton Conservation Commission and any instrument conveying any or all of the owner's interest in said property or any portion 5 -3A y��G 9 ••• , .,,1 thereof shall contain language substantially as follows: "This property may be subject to the Northampton Wetlands Protection Ordinance, the Wetlands Protection Act, an Order of Conditions, and /or a Determination of applicability from the Northampton Conservation Commission "; 22) Any fill used in this project shall be clean fill, including soil, gravel, rock, and loam. The applicant is prohibited from using demolition materials, asphalt, large chunks of concrete, tree stumps and limbs, and general refuse; 23) The contractor is responsible with the applicant and property owner for any violation and the penalties under the law for such violation. While all activities regulated by this Order are being performed and during the construction phase for this project, an on -site foreman, or project engineer, shall have a copy of this permit at the site, be familiar with the conditions of this permit, and adhere to such conditions. A copy of the plans and Order must always be on -site and in all excavating machinery when work is being performed; 24) All required permits must be obtained from the Planning Board, Zoning Board, Department of Public Works, & Building Inspector prior to the start of this project and all permits must be complied with. Army Corps of Engineers 404 permits and Water Quality Certifications must be obtained prior to the start of projects involving fill within wetlands; 25) Upon completion of the project, the Applicant shall submit a statement that all work has been done in conformance with the provisions of the approved Order of Conditions and request a Certificate of Compliance. (if checked) Statement shall be by a Professional Engineer or by a Wetlands Consultant who has been approved by the Commission: [X ] YES [ ] NO 26) (if checked) An "As Built" plan shall be included with the project engineer's statement, detailing the post- development conditions of the site: [ ]YES [X] NO. 27) Plans must be revised and given to the Commission before construction to incorporate the following requirements: a. The three foot sumps and the gas trap (with a removable hood) in the catch basin. b. Berms on the down gradient side of the parking lot. C. Roof drainage into small leaching pits. d. Leaching basins (including the gravel around the basins) must be moved back so they are at least 10 feet from the top of the bank. e. The hale bale barrier must be moved so it is at least 10 feet from the top of the bank. This barrier must be placed before any other work is done on the site and is a non - encroachment line. Except for the removal of unhealthy trees, no work may be done on the resource side of the hay barrier. 28) The property owner must maintain property to protect resource areas and bank, including: a. All pavement and parking areas must be swept once a year. b. The catch basin and leaching basins must be inspected once a year and cleaned out as needed. C. Reports of required inspections and cleaning must be saved and be made available to the Commission on request. 29) Snow may not be dumped over the top of the bank shown on the plans. 30) Before any construction begins the developer must dig a ten foot deep test pit at the leaching basin location, with representatives of the Commission present, and insure that there is no indications of groundwater within 10 feet. If there is groundwater, the applicant must submit revised plans to address drainage before any construction proceeds. (speccond 2/13/91) , %me 1.011 Issued By Northampton Conservation Commission This Order must be signed by a majority of the Conservation Commission. r On this J /"' /7 2r- �` / y f � 9 �, before me personally appeared Df+ v -TO ��'`�� `2 to me known to be the person described in and who executed the foregoing instrument and acknowledged that he /she executed the same as his /her free act and deed. MVAVW q, ftl-b- Notary Public NOTARY PUBLIC 1117f OOMMISGION RIIEPIRE9 JAN. 18, IS" My commission expires The a1 the owner, any person aggneved 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 wnich such land is located, are hereby notified of their right to request the Deoartment of Environmental Protection to issue a Suoerseding Oroer, providing the request is made by certified mail or hand delivery to the Deoartment, with the aDproonate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Detach on dotted line and submit to the Northampton Conservation Comm prior to commencement at work. ...................................... ----- - -- To __ Northampton Conservation Commission IssuingAutnority Please be advised that the Oraer of Conditions for the protect a ./►9 vGP.rRR y f 7/�F - x Nor � 246 —a8246-064 t ► I MF S t(( has been rernrnxi ar.no Ro., ef.,, ns am s ire niin t has been noted in the cnain of tike at the atfectea property in accordance with General Condition 8 on If recorded land, the instrument number which rdenaties this tramsact,on If registered land, the document number which identifies this transaction S:Cna 5-4A Adbhcant p I P�� o'clock an cL 2 .i : utes_L.M., Recd ent'd and '& /'/ r. CS�� xecictive rce 4 environmental &fg airs eartment o� Envir onmental protection DANIEL S. GREE'NBAUM t � ; es��rn �e#ivn M Commissioner _ ! 436 2u i ht @street, @�prin�� ass`. YI�T0:3 JOHN J. HIGGINS F Regiapat Director 413) 784 -1100 ' ,R,;Pw, NOTIFICATION OF FILE NUMB � DATE:�,� WETLANDS/ This Department is in receipt of the following apblication filed in accordance with the Wetlands Protection Act, General Laws Chapter 131, Section 40 ( "The Act ") *� APPLICANT: _ ltlr &Af)F OWNER OF LAND: 1a`• R AY M "i\ t,. �+ N 0 J0 l Y VA 0 ) 0 r t 1 PROJECT LOCATION: {) A � This project has been given the following Wetlands File Number in accordance with the Act.• Ple refer to this file number when making any future communications with this office. The issuan of a file number indicates the m i, submittal requir {rents,. or� ding a „Notice of intent been been met. Revi§ed'pl ns/suppiorJ 00 otatfon'( a. 2 1 eC g below) should be subrni�.ted to this office `at i#te `Ciinserva 1011 Commission. "�, Plans should delineate all site areas subject to protection under 311 CWR 10.02 (1), ac (2). ' . 1 ° s t 'requ ments 2 - ( Plans and supporting documentation shuld'fikl t� t to r ye n wiU tie altered b the o- under 310 CM 10:54 1;60 fc1t�.af' p „ posed” w rk. tl� ::.. Avis !+ ' s e'�S'or�va�o��ie " �or o� e�s to . et a er• ^91 license 3 - ( ) �pplica�iorI 1'ia � is required. A decision will be s ua ,,t�y.xtle.D" i t ®f -W atat ways wit 21 days: ' 4-( ) Applicant is advised to forw.grd a copy of the Notice of Integt.ta the 4Xmy Corps of Engineers A i .., for Sec. 404 review (Call 1- 800 - 362 -4367 for further information) * 5-( ) Project may require a Water quality Certificate. Applicant ^ Wa visetl th on,` ct Dee DE 01yision of Water Pollution Control (1 Winter St., Boston, MA 02108 `I'el::,jf171 2 73k* and further i ormation. ;r 1S r o tltip�oject 11 t ie =Moroi t t ., . 'File w l be assign ` ice to cofnplete the iii iCh in accordantr�e with the Act: _` } Two (2) copies of a completed Notice -of Intent (Form 3 of S ot..10.99) or..Abbrevia#ds+d Notice of . Intent (Form 4 of Sect. 10.99), whichever is applicable, AppMaix.A documentalior and copy of Fee Transmittal Form w,i'th copy of Filing Fee Check. 2 - O Two (2) copies of plans, supporting calculations, and other ddcumento "ton necessary to completely describe the proposed work and mitigaLing,measur,1;,s. 3 - ( ) Two (2) copies of an 8,1 x 11" section of the USGS quadrangle map oft o area containing sufficient information for the Conservation Commission and the Department to locate the site of the work. 4-( ) Two (2) copies of plans showing compliance with Title 5 of the State'Environmental Code, 310 CMR 15.00, if applicable, i.e., whenever a snbdurface- sewage disp'Dsal system is invt5lved. (See ' part 1, Sect. 15.02 O of the Regulations.) Copies also sent to: ( ) DEP Division of Water Pollution Control ( ) City or Town Board of Health ( ) U.S. Army Corps of Engineers, Regulatory Branch ( ) Office of Coastal Zone Management WRWL 100 (2/90) WHITF AppLc t YELLOW -Owner I' -, onservaxaon Comm. GOLD - File "" '¢ V Issuance of a file number indicates only completeness of the file, not approval of the application. If there are any questions regarding application, please contact this office. �CrL �Zt� Roland J. Dupuis, P.E. Regional Engineer Bureau of Resource Protection BRIEF EXPLANATION OF ITEM CHECKED ON THE FILE NUMBER NOTIFICATION-FORM J A A - File Numqer teSUed withxeficiency(ies) noted a. 'All resource areas should be clearly delineated and labeled on ttte Tans. -Fore aO , #i is often checked ©ff.if. -the- proposed work -is along a-bank- but Bordering Vegetated Wetlands are not -indi- cated. If there are none it should be noted . . . . If Wetlands are present, no matter how minuscule, they should-be drawn and labeled on the plans. If the work is close•to -a stream or pond, the 100 year flood elev "ktion must be indicated. r b. #2 is checked particulanly st is;hncletir how the P!vrformanc :$t k r tva oci4aguirementg of 310 CMR 10.54 - 10.60 , -will. e.m t, orIf it is obv!icxus,that the 3� Qt fs r the roject as it is proposed. e. Per #3, this office will send one copy of the Notic !' Intat A� i . Division °of Waterways if the proposed work will take place on.a major watercourse, where 964,"'rnme t funds have been spent) or Great Pond (a pond greater than l0 areas is st�se« n i: tEC ^fie }� ,try B - File Number witheld pending race' t �►f r8�tixre�d*ttfht8th t �- r q s a. If #1 is checked ofd' it 1heaW e�jkl � c y:_�'�` , �, Form 3 must be filed when pver �, S. or y �t H� "s altered. All culvert work requiA`s''t" At Fotltt :3 be ffle�.� "i ui s .Cl of a c of the Fee Tr also wn►ittal:Form and a .cop�r� of the fee .� b_,, if #2 is checked is uWA - submitted to.com .. t+e x to protect the r'es, trc C_ Per_ #3 two of the VSQAJocps m_a e '4W; reference. J a «cv• td be ocus`should be circled for easy d. If #4 is checked, sufficient infor „w A t ed to deter ire, if, a proposed septic system meets the requireln.ent5 o Tl ( _9i NOTE The appeal period for Orders issued by W.� } ?adat6 that the Order is postmarked to Lh> Px: 1cte Af,Intent being filed with our office. The appeal files are complete. +�'. �� 2. Froiect: -r; e Construction Description The applicant proposes to construct a single family home to be used as an office building. The proposed building and associated parking are located within the buffer zone of Roberts Meado Ccunty Hampshire Current Boo 1043 & Face 461 Cer ilf Recisrered Land) 4. Acclicant Mark W. Bradford T el. -9446 Ad =Tess 610 Spring Street Leeds MA 01053 Prcc Cwner James D Raymond _ Tel. 782 -2067 Acdress Main Street, Northampton, MA t f C - . Fecresen:a::ve Environmental Compliance Service, Inc. lei 789 - 353 0 Accress 588 Silver Street Agawam MA i. a. Have the Conservation Commission and the Department's Regional Cf ce e2cn been sent, by cer Tripe mail or Nana aeiivery, 2 copies of completed Notice of Intent, with supporting plans and cocuments? Yes I No = b. Has the fee been submitted? :2 Yes No c. Total Filing Fee Submitted - $525 d. Cty/ i own Share of Fling Fee $275.00 State Share of Fiing Fee $250.00 (sent to Citv/Tcwn) (' /z of fee in excess of S25, sent to DEF) e. Is a tref statement at+.ac: Ted inoicating hcw the applicant calculated the fee? :3 Yes = No See Appendix A f. Permit requested under: Mass. Wetlands Protection Act (310 CMR 10):_i Northampton Wetlands Protection Ordinance: Effective i1, M To C%IR ?0.99 J �- FOtm 3 CEP Fie No. 246 -' Commonwealth (To oe vrw*w or OED —_ • of Massachusetts Northampton Notice of Intent f{ j y f' Under the Massachusetts Wetlands Protection Act, tf` and �" — Application for a Department of the Army Permit & NORTHAMPTON WETLANDS PROTECTION ORDINANCE Part I: General Information — 1 Location: Street Accress M>j1bPrl =y et - Le eds, MA Lot Numoer ASSESSORS' MAP ID. # 10B Parc 2. Froiect: -r; e Construction Description The applicant proposes to construct a single family home to be used as an office building. The proposed building and associated parking are located within the buffer zone of Roberts Meado Ccunty Hampshire Current Boo 1043 & Face 461 Cer ilf Recisrered Land) 4. Acclicant Mark W. Bradford T el. -9446 Ad =Tess 610 Spring Street Leeds MA 01053 Prcc Cwner James D Raymond _ Tel. 782 -2067 Acdress Main Street, Northampton, MA t f C - . Fecresen:a::ve Environmental Compliance Service, Inc. lei 789 - 353 0 Accress 588 Silver Street Agawam MA i. a. Have the Conservation Commission and the Department's Regional Cf ce e2cn been sent, by cer Tripe mail or Nana aeiivery, 2 copies of completed Notice of Intent, with supporting plans and cocuments? Yes I No = b. Has the fee been submitted? :2 Yes No c. Total Filing Fee Submitted - $525 d. Cty/ i own Share of Fling Fee $275.00 State Share of Fiing Fee $250.00 (sent to Citv/Tcwn) (' /z of fee in excess of S25, sent to DEF) e. Is a tref statement at+.ac: Ted inoicating hcw the applicant calculated the fee? :3 Yes = No See Appendix A f. Permit requested under: Mass. Wetlands Protection Act (310 CMR 10):_i Northampton Wetlands Protection Ordinance: Effective i1, M r.. 8. Have all octainable eermits. variances and accrovais recurred by local by -law been obtained? Yes 2 No _ Obtained: Aomed For: Not Acclied For: 9. Is anv oertion of the site subject to a Wetlancs Restriction Order cursuant to G.L. c. 131, §40A or G.L. c. 130. § 10S? Yes = No 10. List all clans and succor-zing documents submittec wits this Notice of Intent. ATTACH LOCUS MAP SHOWING SITE LOCATION CLEARLY ;vfARKED Icentifvinc Numoer.,Letter Title. Date #11217 propose l Site Plan by FnvirnnmPntal rnmplinnCe Services, Inc. dated February 25, 1991 1 1 . Check these resource areas within whic`t work is croccsed: (a) I Butler Zcne (b) Inlanc: Bank' Land Subject to Flooding, Beraering Vegetated Wetland' _ Bcroering Lanc Under Water Body & Waterway' _ Isoiated (c) Coasta!: Land Under the Ocean' — Desicnated Port Area' Coastal Beacri • Coastal Dune Barrier Seach = Coastal Bank NSA _ necxy Interndal Shore' NSA = Salt Mars Lana Uncer Salt Pond' — Land Containing Shellfish' Fish Run' Likely to nvcive U.S. Army C --ros of Engineers concurrent juriseic ::on. See Generai Instructions for Comc:etinc Notice of Intent. ,_ 3 -2 `e .. V 12. Is the wettard resource area to be altered by the preoosed 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 [ xJ Date printed on the Estimated Habitat Map issued NO MAP AVAILABLE ( J (if any) October, 1987 If yes, have you completed an Appendix A and a Notice of Intent and filed them. along with sucoorting documentation with the Natural Heritage and Endangered Species Program by certified mail or hand delivery, so that the Program snail have received Appendix A prior to the filing of this Nonce of Intent? YES [ ] NO ( J DEP Western Regional Office State House West, 4th Floor 436 Dwight Street Springfield, MA 01103 3 -3 r.. Part II: Site Description r Indicate which of the following information has been provided (on a clan. in narrative description or calcula- tions) to clearly, come!etely and accurately describe existing site conditions. Identifying Numoer,Letter (of Dian. narrative or calculations) Natural Features: Narrati Fig. 2 Sods Narrative vegetation Fig. 2 Tcocgraory N/A Open water bodies (including ponds and lakes) Narrat Fi g2_ Fiowirg water bodies (including streams and rivers) N/A Public and private surface water and ground water supplies on or within 100 feet of site N/A Maximum annual croune water elevations with Cates and location of test Narrati Fig. 2 Boundaries of resource areas cnegxeo under Par I, item 1 1 above — NIA Cther Man -made ! Fig. 2 Structures (such as ouiidings. piers, towers and headwalls; Fig, 2 Drainace and flood control faciiities at the site arc immediately off the site. including cuiverts arc coen charnels (with inverts). cams and dikes N/A Subsurface sewage ciscosal systems Fig. 2 Urcergrcunc utilities Fig. 2 Roadways arc oarxinc areas Fig, Property bcurcaries. easements and rights -of -way N/A Ctner Part III: Work Description Indicate whicri of the fcllowihc information has been provided (on a plan, in narrative description or caicula- tiors) to clearly. comole * -ely and accurately describe work proposed within each of the resource areas creckec it Part I. item 1 1 above. Identifying Nurr:cer;Letter (of clan. narrative or caicuiaticr,$) Plarv • w and Cress Section of: Narrativ Fig, 2 Struc:, :res (sucn as cuiicincs. piers, towers and heacwal!s) j Fig. 2 urairace arc flocc control facilities, inciucinc cuiverts aria open cnanness (with irvers), cams anc dikes Fig. 2 Supsur ;ace sewage c:soosal systems & underground utilities N/A Filling, dredging and excavating, indicating volume and cpmoositien of material N/A Comoersatcry storaee areas. where recuired in accordance with Part Ill. Section 10:57 ! -i of tme reculations N/A Wildlife habitat restoration or replication areas N/A Otner Pcir.t Source Cischarce Narrative ,,escr:c :icr c of disc :large from Point source (bcth closed and coen c .anmei }. vtren curt of discharge falls within resource area creckec under Part I, item 1 1 above. as succored oy standard engineering caicuiaticns, data arc :,:arts, including but nct limited to the following: 3 -d fto on RM 2. Ciearl.:. ccm:IeteJy anc accurately cescnbe. wrtn reference to sueooring ,^.cans anc calcuiatichs wnere necessar ✓: (a) all measures and designs to regulate work within, the Buffer Zone so as to ensure that said work eoes not alter an area specified in Part I, Section 10.02(1) (a) of these regulations: or (b) if work in the Huffer Zone will alter such an area. all measures and designs proposed to meet the perfcrmance staneards established for the adjacent resource area-specified in Part 11 or Par: Ili of these regulations. i = oozs;a ;eso -rce Area Type 6orcerec By t 00-Foot Discrenonary Zone: I loenriv:ng numoer or ierter i I ' n�an Of SL;OCCr' cociments 3 c Bank /Bordering Vegetated Wetland ! I j In order to prevent siltation of adjacent resource areasl Figure 2 a sediment barrier shall be installed as per figure 2 I before the start of any work. They shall be maintaned in I good working order and shall be inspected periodically and /or after a major storm. Needed repairs shall be made immediately. { j _ ft- .. -e "Nof Part V: Additional Information for a Department of the Army Permit 1. CCE Application No. 2. (to be provleee by COE) (Name of waterway) .. 3. Names and addresses of property owners adioming your property: N/A Document other project alternatives (i.e.. other locations and /or construction metnocs. cart!cuiarty these that would eliminate the disonarce of prepped or fill material into waters or wetlands). x 1 1 " drawings it pianview and cress - section, showing the resource area anc the crcoesec acav ity within the resource area Drawlres must Ce to scale arc should be clear enouch for protoccovmc. Certification is recuired from the Division of Water Pollution Control before the Federal permit can be issued. Certification may be cotained by contacting the Division of Water Pollution Control,1 Winter Street, Boston, Massachusetts 02105. Where the activity will take place within the area under the Massachusetts approved Coastal Zone Management Program, the aoclicant certifies that his proposed activity complies with anc will be conducted in a mariner 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 ofthis information is voluntary, however, if necessary information is not provided. the application cannot be processed nor can a permit be issued. a_ a. I herecv certifv ureer the pains and penalties of periury that the foregoing Notice of Intent anc accompanying piars. documents and supcerttrg dataXe true and complete, to the best of my knowlec_e. Date Signaturecf Acciicart's Representative Date F 0 R M "Except-.an to =NG Fbro 4345 approved by HQCSACE. 5 May 198:" HEQ 100 (TES T)_ 1 MAY 82 leis eocument contains a Taint Department of the Army ■na State of Manacnusetta application for a permit to obtain oermunoo to perform activities in United States waters. The Office of M■o■sement sno Subset (OMH) has approved those ouesttoov required by the US Army Corns bf = ncineers. OMS Number 070: -0036 and expiration mate of 30 September :981 sppites This statement will be set in o joint type. „ -( '%.� 1..00 aae SCmr ft -Vat • A4& vm- , VA woos 1 1/2 0 1 Mile Contour Interval 10 Feet Base Map: U.S. Geological Survey, Quadrangle Location Easthampton Cadfile:usgsloc.dwg Drawn By. R.A.S. I FIGURE -1 Mulberry Street SI TE LOCUS Leeds, MA Job No. 11217 February 1991 �.� ..r/ ADDITIONAL INFORMATION ftE MULBERRY STREET LEEDS, MASSACHUSETTS Soils _ According to the soil survey of Hampshire County, Massachusetts Central part, the soils on site consist almost entirely of Hinckley loamy sand 3 to 8 percent slopes (HgB). Along Mulberry Street, there is also a small amount of Udorthents, smooth (Ud). Descriptions of these soils are as follows: HgB - These soils are deep and excessively drained. HgB soils are gently sloping on hills, ridges, and side slopes of small drainageways. The substratum extends to a depth of 60 inches or more. It is loose, brownish yellow stratified sand, coarse sand, gravelly sand, and gravel. Permeability is rapid in the subsoil and very rapid in the substratum. Available water capacity is low. Most areas of these soils are in woodland and some have been developed for homesites. These soils have essentially no limitations as a site for dwellings. Ud - This unit consists of areas from which soil material has been excavated and areas where the excavated material has been deposited. Bank/Bordering Vegetated Wetlands Due to the steepness of the side slope adjacent to Roberts Meadow Brook there is little or no bordering vegetated wetlands (BVW). Therefore, the 100 foot buffer zone shown on Figure 2 is from the approximate bank boundary. As per 310 CMR 10.54 (2)(c) bank is defined as the first observable break in the slope or the mean annual flood level, which ever is lower. The bank is considered the closest resource area to the proposed work. Although there is little or no BVW, Table 1 presents a list of vegetation found on the entire side slope adjacent to Roberts Meadow Brook. The National Wetlands Inventory map classifies the stream and adjacent area as Palustrine Broad - leaved Deciduous. Flowing Water Bodies The southern property boundary of the site is defined by Roberts Meadow Brook. The brook is perennial in nature and flows in an easterly direction across the site and then flows south approximately 150 feet before entering the Mill River. NW.- r. TABLE 1 Vegetation Found on Side Slope Adjacent to Roberts Meadow Brook _ Indicator Common Name Taxon Status Dominance _ Trees: Red Maple Acer rubrum FAC D _ Black/Red Oak Quercus spp. FACU D White Oak Quercus alba FACU C Black Cherry Prunus serotina FACU C Gray Birch Betula populifolia FAC C Sugar Maple Acer saccharinum FACU- O American Elm Ulmus americana FACW- O Eastern Hemlock Tsuga canadensis FACU O Shrubs: Tartarian Honeysuckle Lonicera tatarica FACU O Vines: Common Grape Vitaceae spp. FACW 0 a N".011 ..,/ TABLE 1 (cont'd) Category Symbol Definition Obligate Hydrophyte OBL Nearly always occurs in wetlands (>99%) Facultative Wetland FACW Usually occurs in wetlands _ (67% -99%) Facultative FAC Commonly occurs in both _ wetlands and uplands (34% -66%) _ Facultative Upland FACU Usually occurs in uplands, but may occasionally occur in wetlands (< 33 %) Upland UPL Nearly always occurs in uplands (< 1 % in wetlands) A positive ( +) sign behind the Facultative Indicator categories indicates a frequency — toward the higher end of the category (more frequently found in wetlands), while a negative ( -) sign indicates a frequency toward the lower end of the category (less frequently found in wetlands). D = Dominant ( >50% cover) C = Common (11% - 49% cover) — O = Occasional (1% - 10% cover) '1988 Wetland Plant List, Northeast Region. National Wetlands Inventory, U.S. Fish and — Wildlife Service. ..I/ am Flood Boundary ftE According to the Federal Emergency Management Agency (FEMA) flood insurance rate map community panel number 250167 0001 A, Roberts Meadow Brook, as it passes the site is classified as Zone C, areas of minimal flooding Upstream of Water Street, FEMA depicts a 100 year flood boundary along the brook but does not give an approximate elevation. This could be due to water elevation being regulated by the Roberts Meadow Reservoir. The 100 year flood boundary and approximate flood elevations along the Mill River has been mapped by FEMA. The approximate 100 year flood elevation at the intersection of Roberts Meadow Brook and the Mill River is estimated at elevation 340.0. Work Description The proposed work involves construction of 58 x 26 foot building to be used as an office facility. The proposed building requires a minimum of 12 parking spaces. The building was located as far as possible from the top of the bank, thus eliminating any disturbance to the side slope of the Roberts Meadow Brook. The location was also chosen to create an aesthetically pleasing site based on surrounding conditions and topography. Also proposed is the removal of two (2) large oak trees near the top of the slope. These trees are being removed for safety reasons, both trees are currently leaning over the site towards the location of the proposed office building and each has exposed roots. Several months ago a similar tree on the site toppled over and had to be removed. The stumps of these trees shall be left in place in order to prevent erosion problems on the side slope to Roberts Meadow Brook. These trees are not located within a protected resource area and are approximately 15 feet higher in elevation from the protected defined bank of the brook. Storm Drainage System _ All stormwater from the parking lot shall first enter a catch basin equipped with a 3 foot sump and a hood to trap any floating gasoline or oil before flowing into a series of two (2) leaching chambers. The sump shall serve to collect sediments from the parking lot and must be inspected periodically and cleaned out as necessary. See Appendix B for Stormwater Drainage Calculations. The chambers are designed to handle the 25 year storm. Runoff from the roof area shall also flow into two (2) leaching chambers filled with crushed stone located at the bottom of the downspouts. N OTICE OF , FEE Fnw DEPARTMENT OF ENVIR300n2AL PROTECTION DIVISION OF uS AND W ATE;3-iAYS REGULATION NOTICE OF IN= (NOI) APPLICAN!': PROPERTY OWNER: Name Mark W. Bradford Name _James D. Raymond street 610 Spring Street Street Main Street City /Tian Leeds City /Town Northampton State MA Zip code 01053 State MA Zip Code 01064 Phone Number 584 - 9446 '- CITY /TCW W1 4 JME P13a7E,.'r'T IS PROPOSED: Leeds DEP FILE NUMER (if available): Pending NOI F"II.:IPIG FEE DISP= F Total NOI Filing Fee: $ 525.00 Total Disputed Fee: $ (as determined in Notice of State Share of Filing Fee: $ 250.00 Insufficient Fee letter from (1/2 of fee in excess of $25.00) conservation ccmui.ssion) City /Tcwn Share of State Share of Fee: $ Filing Fee: $ 275.00 (1/2 of total disputed fee) City /Taan Share of "en• - (1/2 of total di..u*..ed fee, INSTRUCTIONS: 1. Seel this Fee Transmittal form with a check or money order, payable to the C=rxTwealth of Massachusetts, to the DEP Lock Box at: Department of Dwirornrental Protection Boat 4062 Boston, Mh 02211 2. Attach a copy of this form to the Notice of Intent submitted to the local Conservation O=nission. 3. Attach a ccmv of this form and a coo y of the DEP check to each of the Notice of Intent forms submitted to the DEP regional office. 09/08/89 FEUNG FEE CALCULATION WORKS= Non CATEGORY 1 $55 PER ACTIVITY $ A. Existing House /reaidential lot (addition, deck, — garage,pool, shed,or DRIVEWAY) r B. Site Preparation (removal of vegetation, exca- vation grading where home construction isn't proposed under this NOI) C. Control of nuisance vegetation by removal, herb- _ icides, etc. within a Resource Area PER LOT pursuant to 310 CMR 10.53(4) D. Resource Area Improvement pursuant to 310 CMR 10.53 (4) other than 1C above E. SEPTIC SYSTEMS or any part thereof /repairs, replacement, UPGRADING F. Monitoring Wells /well TOTAL CATEGORY 1 ACTIVITIES CATEGORY 2 $250 PER ACTIVITY A. EACH NEW single family house (SFH) INCLUDING _ site preparation, retention/detention basins, utilities, SEPTIC SYSTEM, roadway /driveway other than those pursuant to 310 CMR 10.53(3e) if reviewed under a SINGLE NOI 8. Parking lot/ ANY size ._ C. Beach Nourishment I.. plants, roadways /driveways NOT subject to 310 CMR 10.53(3e) SHALL NOT BE SUBJECT TO ADDITIONAL FEES No. if said activities are reviewed under a SINGLE NOI C. Construction of EACH ROADWAY/ORIVEWAY within the Buffer zone or Coastal Floodione NOT reviewable under 310 CMR 10.53 (`3e) and NOT associated with a SFH D. HAZARDOUS WASTE CLEANUP (except as noted in category 4) TOTAL CATEGORY 3 ACTIVITIES CATEGORY 4 $725 PER ACTIVITY A. EACH WETLAND FILLING /CROSSING LIMITED PROJECT ACCESS ROADWAY /DRIVEWAY under 310 CMR 10.53 (3e) associated with COMMERCIAL, INDUSTRIAL, INSTITU- TIONAL DEVELOPMENT OR RESIDENTIAL SUBDIVISION CONSTRUCTION. ( *see category 2g for SFH driveways *) B. Flood Control *Structures (construction, REPAIR, and /or modification) C. LANDFILLS - public & private D. SAND & GRAVEL OPERATIONS E. NEW railroad lines or EXTENSIONS of EXISTING lines F. Control of NUISANCE VEGETATION under 310CMR 10.53(4) other than on a SFH lot G. BRIDGES (construction, reconstruction, expansion, maintenance) ASSOCIATED with a SFH lot D. Coastal Activities pursuant to 310 CMR 10.24 _ (7a -c) including 7a- Electric Generation Facilities, 7b- Public Utilities, 7c- Coastal Limited Projects including REPAIR /MAINTENANCE of EXISTING piers, buildings culverts, etc. E. LIMITED PROJECT ACTIVITIES pursuant to 310 CMR _ 10.53 (a -d) AND 310 CMR 10.53 (f -1) per footprint i F. NEW agricultural /aquacuitural projects. — G. EACH WETLAND DRIVEWAY CROSSING 'associated with a SFH pursuant to 310 CMR 10.53(3e) H. ANY point source discharge H. Raising or lowering WATER LEVELS I. ALTERATION OF RESOURCE AREA & diversion of water associated with HAZARDOUS WASTE CLEANUP, non- mosquito control projects, or for ANY OTHER PURPOSE NOT EXPRESSLY IDENTIFIED ELSEWHERE IN THIS FEE SCHEDULE J. DREDGING ACTIVITIES not associated with a NEW _ dock, pier or other structure described in category 5 TOTAL CATEGORY 4 ACTIVITIES CATEGORY 5 $2 PER LINEAR F00T; TOTAL FEET NOT TO BE LESS THAN $50 NOR MORE THAN $1000 I. ANY OTHER ACTIVITY not described in categories A. Construction, reconstruction, REPAIR, or replace- 1,3,4 & 5 — _ ment of DOCKS, PIERS, REVETMENTS, DIKES, or other engineering structures on COASTAL or INLAND RESOURCE TOTAL CATEGORY 2 ACTIVITIES AREAS including the placement of RIP -RAP or other — material on coastal or inland resource areas CATEGORY 3 $525 PER ACTIVITY TOTAL CATEGORY 5 ACTIVITIES A. SITE PREPARATION for ANY development other than TOTAL FILING FEE CALCULATED f 25 - 00 for a SFH INCLUDING removal of vegetation, excavation & grading when actual construction is PERSON CALCULATING FEE SCHEDULE (Print Name) NOT proposed under this NOI — Keith T. Morris (ECS) 8. CONSTRUCTION OF EACH BUILDING within commercial, ADDRESS 588 Silver Street, Agawam, MA 0100 industrial, institutional, or apartment /condo/ townhouse type of development, ANY PART of which TELEPHONE NUMBER- 78q-3530 is in a BUFFER ZONE or RESOURCE AREA. Associated activities: site preparation retention /detention f SIGNATURE DAT �� -�! basin construction, septic systems, parking lots, utilities, point source discharges, sewerage treatment MACC Newsletter 1 %mol ..,J am am �1 11 MARK W. BRADFORD 770 ` CERTIFIED PUBLIC ACCOUNTANT 610 SPRING ST. PH. 413 - 585 -5152 _ n ' LEEDS, MA 01053 � 19 53- 7168/2118 PAY To THE A �/ ORDER OF ,n ✓ `` i! "4 ' DOLLARS �! FLORENCE SAVINGS BANK 1 R ' 85 MAIN STREET, FLORENCE. MA 01060 �M R; 2 1 18 7 16881: 01 23 667S2811' 0770 MARK W. BRADFORD 769 CERTIFIED PUBLIC ACCOUNTANT n 610 SPRING ST. PH. 413 - 585 -5152 LEEDS, MA 01053 19 �( 53-7168/2118 PAY TO THE / V : i " / � I Q RDER O� O •D J/ / DOLLARS FLORENCE SAVINGS BANK / 85 MAIN STREET, FLORENCE. MA 01060 �1 ENIO 2 1 18 7 16881: 01 23 667S2811 0769 am \.r ...� _ STORMWATER DRAINAGE CALCULATIONS MULBERRRY STREET LEEDS, MASSACHUSETTS In order to determine the number of infiltrators required for post development site conditions, stormwater drainage calculations were conducted for the 10, 25, and 50 year storms. Due to the small size of the watershed, the Rational Method was used. All roof drainage shall discharge directly into two (2) infiltrators. The stormwater drainage system is designed to handle all runoff from impervious surfaces (excluding roof drainage). Proposed grass areas shall maintain existing infiltration rates and therefore were not considered in these calculations. Rational Method: Q = CiA Q = Peak rate of runoff in cubic feet per second. C = Runoff coefficient and empirical coefficient representing a relationship between rainfall and runoff. i = Average intensity of rainfall in inches per hour. A = Drainage area in acres. Drainage Area (A) = 5,852 sf, 0.13 Ac. Runoff Coefficient (C) Impervious Areas = 0.13 Ac Use C = 0.95 Rainfall Intensity (i) Length of overland flow = 100 feet Terrain: Pavement Average slope: rise = 359.5' - 356.5' = 3' = 0.03 run 100' 100' use: 3 % Tc from nomograph = 5.0 min. From Hartford Curve: i = 6.2 .. i25 = 7.1 i = 7.7 Use: Q = CiA _ C = 0.95 A = 0.13 ac. Qio = (0.95)(6.2)(0.13) = 0.77 cfs Q25 = (0. 95) (7.1) (0.13) = 0.88 cfs Q50 = (0.95)(7.7)(0.13) = 0.95 cfs VOLUME OF STORMWATER RUNOFF: POST DEVELOPMENT Paved parking area = 0.13 acres Coefficient = 0.95 for pavement Tc = 3, use 5 i = 6.2 from Hartford, CT Q = CiA Q = (0.95)(6.2)(0.13) = 0.77 cfs Tc 2(Tc) 5 min. 10 min. Volume of rainfall under the hydrograph = Vol = (300 sec x 0.77 cfs) 1/2 = 115.5 cf (600 sec x 0.77 cfs) 1/2 = 231.0 cf Total Storage Required 346 cf Leaching Chamber Capacity Use precast leaching chamber Rotundo DW -HD or equal. Outside Diameter = 8'0" Inside Diameter = 7 1 4" Stone Thickness = 2'0" (sides and bottom) Effective Dia = 12 Effective Depth = 6 Precast LC storage volume /vert ft. 42.20 cf /vf Stone Storage /vf = 62.83 cf x 30% voids = 18.85 cf /vf Total Storage Volume for one (1) 6' deep x 12' OD (42.20 + 18.85) 6' = 366.30 cf Two (2) chambers provided for a total storage volume of Non 2 x 366.30 cf = 732.6 cf This will provide 2 times the storage capacity required to hold the total volume of a 10 year frequency storm. This storage capacity will be augmented by a soil permeability for Hinckley soil of greater than 20 inches /min. at a depth of 13 to 60 inches. Permeability rate was derived using the "Soil Survey of Hampshire County, Massachusetts Central Part". It is assumed that depth to groundwater is greater than 10 feet.