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11-016 186 north farms road conservation
..•.I 310CMR 10.99 DEP File No. 246 -410 (To be provided by DEP) Form 5 City/Town Northampton Applicant Kevin W-Heafey Commonwealth Map # 12;_ Parcel #1— of Massachusetts Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 and the Northampton Wetlands Protection Ordinance From Northampton Conservation Commission Issuing Authority To: Elizabeth J Olbris, et al Name of property owner •• This Order is issued and delivered as follows: Kevin W. Heafe Name of Applicant [X ] by hand delivery to applicant or representative on September 26, 1997. [ ] by certified mail, return receipt requested on - (date) This project is located in Northampton at 186 North Farms Road. The property is recorded at the Registry of Hampshire County Book 2 301; 4707 Page 29T 133 Certificate (if registered) N/A The Notice of Intent for this project was filed on July 2, 1997- The public hearing was closed on August 11, 1997, Findings: The Northampton Conservation Commission has reviewed the above - referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the Conservation Commission at this time, the Commission has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act (check as appropriate): [ ] Public water supply [X] Flood Control [ ] Land containing shellfish [ ] Private water supply [X] Storm damage prevention [ ] Fisheries [ ] Ground water supply [X] Prevention of pollution [ ] Protection ofWildlife Habitat Total Filing Fee Submitted $665 00 + 35.00 ((C feel = $700.00 State Share $320 -00 City Share $380.00 (1/2 fee in excess of $25) Total Refund Due $ City Portion $ State Portion $ (1/2 total) (1/2 total) page 5 -1 (memorex \wp \conscom \order.cc) .... -1 Therefore, the Northampton Conservation Commission hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those interests 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 following 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 measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by -laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act; or (b) the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, 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. The applicant is prohibited from using demolition materials, asphalt, large chunks of concrete, tree stumps and limbs, and general refuse; . 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings, before the Department have been completed. 8. No work shall be undertaken until the Final order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon whickthe proposed work is to be done. The recording information shall be proposed work is to be done. The recording information shall be submitted to the Commission on the form at the end of this Order prior to commencement of the work. The Commission usually will record the Order in the Registry of Deeds. It is the applicant's responsibility to insure the Order is properly recorded. page 5 -2 (memorex \wp \conscom \order.cc) 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 works, "Massachusetts Department of Environmental Protection, File Number 246 -410 ". 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. 11. Upon completion of the work described herein, the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12. The work shall conform to the following plans and special conditions: PLANS TITLE DATED SIGNER.& STAMPED BY: " General Site Plan for Land on Rustlewood 02/24/97 Rev. 04/07/97 Ridge & North Farms Road, Northampton, Rev. 04/17197 Rev. 07/01/97 Massachusetts for Kevin W Heafey et als.." Prepared by Charles H. Dauchy. All Plans on File with Northampton Conservation Commission Special Conditions: 13. The applicant shall notify the Commission, in writing, as to the date that the work will be commencing on the project. Said notification must be received by the Commission no sooner than (10) days and no later than five (5) days prior to the commencement of the approved activity; 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 City of Northampton Ordinances - 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 minimiz 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 U.S.D.A. Soil Conservation Service, "Guidelines for Soil and Water Conservation in Urbanized Areas of Massachusetts ". Placement of sedimentation and erosion control shall be directed at the site by the project engineer in order to accomplish maximum control of erosion to ensure that no eroded materials will enter wetland resource areas. Hay bales must be staked. Silt fencing must be installed in a dug trench with sufficient porosity to allow detained water to pass through while trapping suspended sediments; page 5 -3 (memorex \wp \conscom \order.cc) `"me ..11 17. 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. All construction areas shall be restored to original condition or better upon completion of the project, including replanting of vegetation; 19. The Commission and its agents shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order, the Act, and Wetlands Protection Regulations: 310 CMR 10.00 and Chapter 24 of the City's Ordinances: "The Wetlands Protection Ordinance ". They shall have the right to request and receive any data or documentation that is deemed necessary for evaluation of compliance. 20. This Order of Conditions shall apply to any successor in interest or successor in control; 21. The contractor is as responsible as the applicant and property owner for any violations of the Orders of Condition and penalties under the law, while all activities regulated by this Order are being performed. A copy of this Order and associated plans shall remain on site during all construction and/or building activities. The project manager and all equipment operators shall be familiar with the approved plans, and shall be informed of their location on the site. This location shall be accessible to all contractors whenever work is occuring on site. A copy of the Notice of Intent, all plans and Order must always be on -site and in all excavating machinery when work is being performed; 22. All required permits must be obtained from the Army Corp of Engineers (404, Water Quality Certification),Planning Board, Zoning Board, Department of Public Works, and Building Inspector prior to the start of projects involving fill within any wetland resource area; 23. The owner of the property described in this Order, must advise any potential buyer of the property that any construction or alteration to said property, including brush cutting or clearance, may require action by the Northampton Conservation Commission. Any instrument conveying any or all of the owners' interest in said property or any portion thereof, shall contain language similar to the following, which shall be submitted to and approved by the Conservation Commission, prior to recording: "This property is subject to the Northampton Wetlands Protection Ordinance and/or Wetlands ProtectionAct. Any construction or maintenance work performed on this property requires an Order of Conditions, and/or a Determination of Applicability from the Northampton Conservation Commission. Any application for additional wetland resource area impact shall be viewed in the context of cumulative impacts as a result of this project." 24. Upon completion of the project, the Applicant shall submit a certification that all work has been done in conformance with the provisions of the Order of Conditions and request a Certificate of Compliance. If checked: [X] YES Certification shall be by a Wetlands Consultant who shall have been approved by the Commission: 25. Any change or deviation from the Notice of Intent, plans and/or Order of Conditions page 5 -4 (memorex \wp \conscom \order.cc) 1-001 -- approved by the Commission, prior to or during construction, shall require the applicant to file a request for an amendment with the Conservation Commission. It shall include a written inquiry as to whether or not the change is substantial enough to require the filing of a new Notice of Intent. After making a positive determination, the Commission shall conduct a public hearing for the purpose of amending the Order or to issue a new Order, if a new Notice of Intent is required. 26. The wetland replacement area and permanent limit -of -work line on Lot 9 shall be staked out on the lot prior to the start of work and verified by a wetlands consultant, with notification to the Conservation Commission. 27. Areas of clearing shall be limited as shown on plan entitled, "Site Development Plan, Lots 4,5,6 & 9 For Land on North Farms Road, Northampton, MA For Kevin W. Heafey et als," Prepared by Charles H. Dauchy, Environmental Consultant and dated February 24, 1997, revised July 1, 1997 and August 1, 1997. No work shall extend beyond the limit -of -work line shown on this plan. 28. Prior to the start of any site work, excavation or construction on each lot, a preconstruction conference shall be held on the site, between the contractor conducting the work, the site /project engineer, the applicant, and a member or agent of the Conservation Commission, in order to ensure that the requirements of this Order are understood by all parties. 29. Prior to the pre - construction meeting, the boundaries of all wetland resource areas, limits of work, and grading boundaries, shall be identified by clearly m arked flagging and/or stakes, spaced at intervals not greater than 25 feet apart. Flagging used to identify wetland resource areas shall be a color different from any other flagging used on the site. 30. The name of the wetlands specialist shall be submitted to and approved by the Conservation Commission prior to the beginning of work. 31. All silt fencing and erosion control shall be installed prior to removal of stumps and shrubs within the right of way. 32. The applicant shall notify the Commission in writing of the name, address, business and home telephone numbers of the project supervisor and/or contractor who shall be responsible for ensuring compliance with the conditions in this Order prior to the issuance of a Building Permit. 33. 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 any corrections must be made prior to leaving the site for the day. The erosion controls must be maintained or reinforced to meet specifications in the plans and requirements in this Order; page 5 -5 (memorex \wp \conscom \order.cc) ti.. ...i 34. The contractor is as responsible as the applicant and property owner for any violations of the Order of Conditions and penalties under the law, while all activities regulated by this Order are being performed. 35. No equipment is to enter or cross a wetland resource area at any time, unless the location of entry or disturbance is clearly indicated on plans (driveways /sewer line) and within information approved with the issuance of this Order of Conditions. 36. All equipment shall be operated, parked, and maintained in such a manner that will prevent potential alteration of the wetland/resource area and buffer zone, except as approved within this Order of Conditions. 37. Prior to excavation of any wetland area, the wetland replication area(s) shall be excavated to the elevations indicated on the plans, and the applicant shall -present the Conservation Commission with written certification by a wetland specialist, who is qualified in hydrology, that the proposed wetland replication area possesses the appropriate groundwater elevations and hydrologic connections. 38. Excavated wetland soils for use in the replication area shall be protected with plastic or canvas from erosion and drying out and shall be placed within the replication area as soon as possible following excavation. 39. A report of the success of re- vegetation activities shall be submitted to the Conservation Commission, by a qualified wetlands scientist on the following schedule: By - The end of the first growing season; and By - The end of the second growing season. 40. If more than 75% wetland vegetation has not been established in the replication and enhancement areas after two growing seasons (2 years), then additional-plantings and/or changes to wetland replication plan shall be submitted to the Commission for consideration and approval. 41. Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways as per plan entitled, "Site Development Plan, Lots 4, 5, 6 & 9 For Land on North Farms Road, Northampton, MA For Kevin W. Heafey et Als," prepared by Charles H. Dauchy, Environmental Consultant and dated February 24, 1997, revised July 1, 1997 and August 1, 1997. 42. Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas, and shall be implemented prior to any construction as per the above -cited plan. page 5 -6 (memorex \wp \conscom \order.cc) ATTACNT A DRAFT DEED RESTRICTION To be applied to Lots 4, 5, 6, & 9 Any future "work" or "activity" as those terms are defined in 310 CMR 10.04, on land designated as "wetland" on the attached Exhibit A, titled "REGISTRY EXHIBIT, Lot_, North Farms Road, Northampton, MA ", dated , is prohibited, except for work approved by the Northampton Conservation Commission in accordance with the Order of Conditions issued under the MGL Ch. 131, s.40 and /or the Northampton Wetlands Protection Ordinance, file number 246 -410, dated ,.and any future repair or maintenance of facilities constructed under said Order, subject to approval of the Conservation Commission. Any future "work" or "activity" as those terms are defined in 310 CMR 10.04, on land between the "permanent work limit" and the "wetland" designated on the above referenced Registry Exhibit is prohibited, except as may be approved by the Northampton Conservation Commission in accordance with an Order of Conditions or Determination of Applicability issued under the MGL Ch. 131, s.40 and /or the Northampton Wetlands Protection Ordinance. ,,, Issued By Northampton Conservation Commission Signatures: 1' �� /�/�„G(..c /fit � , // • .( r� v l� This Order must be signed by a majority of the Conservation Commission. On this 0 g day of �Q��{'�� p�1 1991! before me personally appeared 0 Ma Vnr ('+ to me known to be the person described in and who executed the 'foregoing instrument and acknowledged that he /she executed the same as his /her free act and deed. Notary Public D My d mmi sion expires The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the City or town in which such land is located, are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding Order, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal ` Form as provided in 310 CMR 10.03(7), within ten 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 Commission prior to commencement of work. PLEASE NOTE- -THIS IS NOT REQUIRED IF THE COMMISSION HAS ALREADY RECORDED THE ORDER, AS IS THEIR USUAL PRACTICE, UNLESS LAND IS REGISTERED IN LAND COURT. To Northampton Conservation Commission Please be advised that the Order of Conditions for the project at File Number 246- has been recorded at the Registry of Hampshire County and has been noted in the chain of title of the affected property - in accordance with General Condition 8 on , 19 - If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is Signature Applicant page 5 -6 (memorex \wp \conscom \order.cc) CHARLES H. DAUCHY, �!YtVironmental Consultant 24 Old Long Plain Rd. RFD #3, Amherst, MA 01002 C� 001py (413) 548 -8005 (Voice /Fax) August 12, 1997 Division of Wetlands and Waterways Mass. DEP, Western Region 436 Dwight Street Springfield, MA. 01103 Attn: Karen Hirschberg Re: Notice of Intent for Heafey, North Farms Rd. Northampton, Plan Revision & Deed Restriction DEP file # 246 -410 Dear Ms. Hirschberg: Thank you for your comments and questions with the file number notification, dated 7/22/97. Enclosed is the Site Development Plan, revised 8/1/97, and a draft Deed Restriction, that were presented to the Conservation Commission at their hearing last night to address concerns raised by the Commission and by your comments. The matters addressed are: 1. Permanent limit of work lines are clarified on the plans and are addressed in the proposed deed restriction. 2. The location for temporary stockpile of wetland soils on Lot 9 has been identified. 3. In a note on the plan, mulch blanket or netting to secure mulch is specified for slopes steeper than 3:1. 4. In a note on the plan, timing of culvert installation in the roadside ditch has been addressed. Regarding your question about an alternate location for the leaching system on lot 5, the soils on the westerly side of the wetland were investigated and are unsuitable for on -site disposal under current codes (Paxton series, compact glacial till). The only favorable area for on -site disposal is in a sandy terrace along the base of the slope, where all the proposed systems are located. The alternative to crossing the wetland with the effluent sewer was to go around the southern end, which would mean clearing the entire route. The Commission concurred that there would be less environmental impact overall by following the existing woods road through the wetland and then restoring this currently degraded area with regrading and revegetation. Access to the leaching system for any maintenance needed will be from North Farms road and will not require traffic through the wetland. Your file number notification did not check any item in part D regarding Water Quality Certification. Since the project meets all the required conditions, we are assuming that a separate Water Quality Certification application for is not required. Please call me ASAP if you determine otherwise. This information should bring your file up to date. Thank you for your consideration. Sincerely, rles H. Dauchy, . c encl. cc: Northampton Conservation Commission Kevin Heafey C ile No. 246- 310 CMR 10.99 N 1.0� (To be provided by DEP) Form 3 City/Town Northampton Applicant Kevin W. Heafev, , Commonwealth Department of of Massachusetts Defense United States of America Notice of Intent Under the Massachusetts Wetlands Protection Act, G.L. c. 131, s 40 and Application for a Department of the Army Permit & Northampton Wetlands Protection Ordinance Part I: General Information 1. Location: Street Address 186 North Farms Road. Northampton. MA. Lot Number Assessor's Matz 12. Parcel 1. New frontaae lots # 4. 5, 6, & 9 2. Project: Type sinale familv residences, access drive, and sewer crossing Description: Lot 4, Construction of a single family home, driveway, septic, and yard within 100 ft. of a wetland. Lot 5, (1) Construction of a sewer line in an existing woods road through a wetland and (2) clearing, minor grading, lawn /landscaping within 100 feet of a wetland. Lot 6, Construction of a driveway and clearing for yard area within 100 feet of a wetland. Lot 9, (1) Construction of an access driveway across 720 sq. feet of wetland for access to home site with approximately 874 sq. ft. of wetland replacement area provided. (2) Installation of a culvert in a roadside ditch for 30 linear feet of intermittent stream. (3) Construction of a single family home, driveway, septic, and yard within 100 ft. of a wetland. 3. Registry: County Hampshire Current Book 2301 & Page 287 Current Book 4707 & Page 133 Certificate (if Registered Land) NA 4. Applicant Kevin W. Heafev Tel. 413 - 584 -1871 Address 197 North Maple Street, Northampton, MA, 01060, 5. Property Owner Elizabeth J. Olbris. et a[., Tel. 413 - 584 -2988 Address 186 North Farms Road, Northampton. MA, 01060 6. Representative Charles H. Dauchv. Environmental Consultant Tel. 413 - 548 -8005 Address 24 Old Lono Plain Road, RFD #3, Amherst, MA 01002 7. a. Have the Conservation Commission and the Department's Regional Office each been sent, by certified mail or hand delivery, 2 copies of completed Notice of Intent, with supporting plans and documents? Yes X No _ (9 copies to Conservation Commission) b. Has the fee been submitted? Yes X No_ c. Total Filing Fee Submitted $665.00 + $35.00 (City fee) = $700.00 d. City /Town Share of Filing Fee $345 + 35 = 380 , State Share of Filing Fee $320 (sent to City/Town) (1/2 of fee in excess of $25, sent to DEP) e. Is a brief statement attached indicating how the applicant calculated the fee? Yes X No_ f. Permit requested under: Mass Wetlands Protection Act (310CMR10): yes Northampton Wetlands Protection Ordinance: ves 4/1/94 3 -1 ../ 8. Have all obtainable permits, variances and approvals required by local by -law been obtained? Yes X No _ Obtained Applied For: Not Applied For: WSP zone oermits Flaa Lot permits Common Driveway permit 9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c.131. s 40A or G.L. c.130 sl05? Yes _ No X 10. List all plans and supporting documents submitted with this Notice of Intent. Identifying Number/Letter Title, Date Exhibit 1 Locus Map (USGS). Estimated Habitat Map, Soils Map Exhibit 2 List of Abutters. Abutter notification, and affidavit of service Exhibit 3 Fee Calculations, Transmittal form, and copies of checks Exhibit 4 Wetland Replacement Plan and Procedures Plan (foldout) General Site Plan -. by C. H. Dauchv, dtd 2/24/97, rev. 7/1/97 Plan (separate) Site Development Plan - Lots 4, 5, 6, & 9, for land on North Farms Road. for Kevin Heafev et als, by C. H. Dauchv, dtd 2/24/97 rev. 7/1/97 11. Check those resource areas within which work is proposed: (a) X Buffer Zone (b) Inland:) Bank* X Bordering Vegetated Wetland* _ Land Under Water Body & Waterway* _ Riverfront Area (c) Coastal: Land Under the Ocean* _ Coastal Beach* _ Barrier Beach* _ Rocky Intertidal Shore* _ Land Under Salt Pond* Fish Run* _ Isolated Wetland (not under State jurisdiction Land Subject to Flooding Bordering _ Isolated Designated Port Area* _ Coastal Dune _ Coastal Bank _ Salt Marsh* Land Containing Shellfish* * Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. See General Instructions for Completing Notice of Intent. 4/1/94 3 -2 12. Is the project within estimate itat which is indicated on the most re ,At Estimated Habitat Map of State - Listed Rare Wetlands Wildlife (if any) published by the Natural" eritage and Endangered Species Program? YES [ ] NO [ X] Date printed on the Estimated Habitat Map NO MAP AVAILABLE [ ] (if any) 1997 -98 Atlas ( Easthampton Quad) If yes, have you sent a copy of the Notice of Intent to the Natural Heritage and Endangered Species Program via the U.S. Postal Service by certified or priority mail (or otherwise sent it in a manner that guarantees delivery within two days) no later than the date of the filing of this Notice of Intent with the conservation commission and the DEP regional office? YES [ ] NO [ ] NOT APPLICABLE If yes please attach evidence of timely mailing or other delivery to the Natural Heritage and Endangered Species Program. Part II: Site Description Indicate which of the following information has been provided (on a plan, in narrative description or calculations) to clearly, completely and accurately describe existing site conditions. Identifying Number/Letter (of plan, narrative or calculations) Natural Features Exh 1 & plans Soils (Used in wetland delineation) Plans Vegetation ( vegetation used in wetland delineation) Plans Topography NA Open water bodies (including ponds and lakes) Plans Flowing water bodies (including streams and rivers) NA Public and private surface water and groundwater supplies on or within 100 feet of site NA Maximum annual ground water elevations with dates and location of test Plans Boundaries of resource areas checked under Part I, item 11 above Other Man -made Features:, Plans Structures (such as buildings, piers, towers and headwalls) NA Drainage and flood control facilities at the site and immediately off the site, including culverts and open channels (with inverts), dams and dikes NA Subsurface sewage disposal systems NA Underground Utilities 4/1/94 3 -3 P ia i i s rtuauways and par ing areas Plans Property boundaries, easements, and rights -of -way Other Part III: Work Description Indicate which of the following information has been provided (on a plan, in narrative descriptions or calculations) to clearly, completely and accurately describe work proposed within each of the resource areas checked in Part I, item 11 above. Identifying Number/Letter (of plan, narrative or calculations) Planview and Cross Section of:. Plans Structures (such as buildings, piers, towers and headwalls) Plans Drainage and flood control facilities, including culverts and open channels (with inverts), dams and dikes Plans Subsurface sewage disposal systems & underground utilities Plans Filling, dredging and excavating, indicating - volume - and - composition - of material (showing proposed grading) - NA Compensatory storage areas, where required in accordance with Part III, Section 10.57(4) of the regulations. NA Wildlife habitat restoration or replication areas Other Point Source Discharze NA Description of characteristics of discharge from point source (both closed and open channel), when point of discharge falls within the resource area checked under Part I, item 1 l above, as supported by standard engineering calculations, data and plans, including but not limited to the following: 1. Delineation of the drainage area contributing to the point of discharge; 2. Pre -and post - development peak run -off from the drainage area, at the point of discharge, for at least the 10 -year and 100 - year frequency storm; 3. Pre -and post - development rate if infiltration contributing to the resource area checked under Partl, item 11 above; 4. Estimated water quality characteristics of pre- and post - development run -off at the point of discharge. 4/1/94 3 -4 Part IV: Mitigating Measures • -.001 1. Clearly, completely and accurately describe, with reference to supporting plans and calculations where necessary: (a) All measures and designs proposed to meet the performance standards set forth under each resource area specified in Part II of Part III of the Regulations; or (b) Why the presumptions set forth under each resource area specified in Part II or Part III of the regulations do not apply. Coastal Resource Area Type: Identifying number X Inland or letter of support BORDERING VEGETATED WETLAND documents The wetland area to be altered for driveway construction is the minimum feasible for access to the developable upland portion of lot 9. The project qualifies as a limited project under 310 CMR 10.53(3)(e), but no waiver of performance standards is required. The wetland alteration for sewer construction is temporary and the area disturbed is an existing eroding woods road. The area will be refilled and graded to blend to the adjacent wetland and restored to wetland vegetation. COMPLIANCE WITH PERFORMANCE STANDARDS - 310CMR10.55(4b) 1. The wetland area lost to the road -fill and culvert is approximately 720 sq. ft. The Plan replacement area totals approximately 874 sq. ft., or over 120% of the filled area. The wetland temporarily altered for sewer installation will total approximately 1450 sq. ft., which will be improved by restoration of a loam surface and restored to wetland vegetation. 2. Elevations in relation to the groundwater will be equivalent to the altered area. Plan 3. Replacement area is located as immediately adjacent to altered area as is feasible and Plan contiguous with the same wetland system. Restoration over sewer line is in exactly the same area. 4. Replacement area will be graded for unrestricted hydraulic connection to the bordering Plan wetland and intermittent stream. Restoration over sewer line is in exactly the same area. 5. Replacement area is in the same stream reach as the lost area. Plan 6. Wetland hydrology, transplanted soils and vegetation, and supplemental seeding will Exhibit 4 re- establish at least 75% wetland species in 2 years. 7. Replacement work complies with standards for other resource areas. _ Coastal Resource Area Type: Identifying number Inland or letter of support BANK OF INTERMITTENT STREAM documents The bank to be altered is that of roadside drainage ditch, approximately 1 ft. wide and 1 ft deep, carrying flow from an intermittent stream in the wetland swale to the north. The proposed alteration consists of installation of one, 30 ft, 12" diameter driveway culvert. COMPLIANCE WITH PERFORMANCE STANDARDS - 310CMR10.54(4a) 1. The stability of the ditch bank will be maintained by the culvert, vegetated banks, and See plan low flow velocity in the upstream and downstream channels. 2. Capacity of the channel is maintained - the culvert provides similar capacity to the ditch. 3. Water quality will be protected by expeditious installation when there is no flow. 4. The ditch does not serve directly as fish habitat due to low flows. 5. The work will alter approx. 30 linear ft. of "stream bank ", less than regulatory thresholds. 4/1/94 3 -5 _ Coastal Inland Resource"',lortea Type: NOT APPLICABLE J Identifying number or letter of support documents 2. Clearly, completely and accurately describe, with reference to supporting plans and calculations where necessary: (a) all measures and designs to regulate work within the Buffer Zone so as to ensure that said work does not alter an area specified in Part I, Section 10.02(1)(a) of these regulations; or (b) if work in the Buffer Zone will alter such an area, all measures and designs proposed to meet the performance standards established for the adjacent resource area, specified in Part II or Part III of these Regulations. _ Coastal Resource Area Type Bordered X Inland IBy 100 -Feet Discretionary Zone: BORDERING VEGETATED WETLAND The 100 ft. Buffer zone areas are primarily a moderately to steeply sloping wooded hillsides, with soils mapped as the Paxton series, a "well drained" glacial till soil, with a compact substratum, resulting in a seasonally high water table, often within 18" of the surface during the late winter and early spring. Just above the base of the slope to North Farms Road, there is a band of deep well- drained sands. From the base of the slope to North Farms Road is a meadow, with moderately -well drained sandy soils (Sudbury & Belgrade series). Work in the buffer consists of: (1) Construction of driveways to serve lots 4, 6, & 9 proposed single family homes(all homes are over 100 ft. from the wetland), including clearing, erosion controls, grubbing, grading, filling, stone -lined roadside drainage swales and site stabilization. (2) Construction yard areas for lots 4, 5, 6, & 9, including clearing, grading, and site stabilization. (3) Construction of homes and septic systems on lots 4 & 9. (4) Construction of an effluent sewer to serve lot 5. In order to assure protection and no alteration of the wetland resource areas: 1. Where work is upslope from a wetland, sediment barriers will be installed between work areas and wetlands before any grading, stripping, or grubbing of the site, will serve as the limit of work, and will remain in place until stabilization of the work areas. Graded areas will be seeded immediately after final grading. Steep slopes will be mulched and mulch secured if season requires. 2. Where work is down or cross -slope from a wetland, a work limit will be clearly marked in the field. 3. A vegetated upland buffer of existing vegetation will be left between the work areas and the wetlands. 4. Leaching systems will be over 50 feet from the edge of wetland and will comply with state and local codes. 5. Deed Restrictions will be place on the subject Lots, prohibiting future fill of wetlands. Identifying number or letter of support documents Plans Plans Plans 4/1/94 3 -6 1..• ..e WETLAND REPLACEMENT PLAN AND PROCEDURES LOT 9, NORTH FARMS ROAD, NORTHAMPTON DESCRIPTION OF AREA TO BE ALTERED: EXHIBIT 4 Location and Area: The proposed access road crossing is at a narrow point at the head of a wetland swale, where the area has been disturbed by past logging. The total wetland area to be lost is approximately 720 square feet, with up to an additional estimated 240 square feet to be temporarily altered to blend the replacement area grade to the adjacent wetland swale. Soils and Hvdroloav: The soils in the wetland to be filled have 6" to 12" of a dark A horizon, underlain by a gleyed medium sand. It appears that the swale may receive some flow that splits from the adjacent drainageway to the north of the crossing, but most flow follows the larger swale to the north. The water table is at or within 12" of the surface during the winter and spring, with the lowest points still saturated through late June. Veaetation: The area to be filled was disturbed by logging several years ago. The predominant vegetative species are Cinnamon Fern and Jewelweed, with occasional Sensitive Fern, and Red Maple and American Elm seedlings. It does not appear that any substantial trees were removed from the wetland itself, although slash in the area makes it difficult to assess. PROPOSED WETLAND ALTERATION: The proposed alteration is required for construction of a access driveway for a single family home to be located on an upland area that is completely surrounded by wetlands. A stone headwall will be used to minimize the width of fill at the wetland crossing. A 12" culvert will be installed to allow flow from the drainage swale on the north, although there is no sign of flow under present conditions. The extent of wetland alteration is the minimum feasible and the location has already been somewhat disturbed by past logging. The project is believed to qualify as a "limited project" under 310 CMR 10.53(3)(e), but no waiver of performance standards is required. DESCRIPTION OF WETLAND REPLACEMENT AREA: Area: The proposed replacement area is approximately 60 feet south of the area to be filled, bordering on the westerly side of the same wetland drainageway that will be crossed.. The area is currently upland woodland. The proposed replacement wetland surface area will be approximately 874 sq. ft., or approximately 121 % of the area altered. r. ..r Soils & Hvdroloav: are typically sandy loam underlain by loamy sands. Approximately 8' up -slope from wetland flag C6, low chroma mottles were observed at 16" and a dominant low chroma matrix at 20". Water table on 6/23/97 was at 30 ". It appears that groundwater movement is from the upland sand terrace and till slope on the west, toward the east and the wetland drainage swale. Excavation of subgrade to at or just below the adjacent wetland surface elevation, and replacement with 6" to 12" of wetland soil or make -up loam will intercept the groundwater seepage and establish reliable wetland hydrology. Soils investigations on the easterly side of the drainage swale along the "F" flag line, did not show a water table as near to the surface and the groundwater gradient appeared to continue easterly making these areas less favorable for establishment of wetland hydrology. Schedule: Due to the lack of any stream flow through the area and the limited size involved, timing is not critical, and replacement work can be done at any time that the ground is not so completely saturated as to make normal equipment operation difficult. Once begun, removal and stockpiling of the wetland soils and plants, construction of the driveway crossing, excavation of the replacement area, and replacement of wetland soils and plants should be completed within 3 days, to prevent dessication of plants and soils. No fill shall be placed over any wetland area until plants and soil are removed. WETLAND REPLACEMENT PROCEDURES,: Work associated with the wetland crossing and replacement shall be done in an expeditious manner, without delays in the work that would leave the site open to erosion or risk desiccation of plants and soil. Work shall not be started if intense or prolonged rainfall is forecast within the next 72 hours. SEQUENCE OF WORK: 1. Stake or flaa work areas, including limits of fill for wetland crossing, grading for wetland replacement area, limits temporary alteration, and areas of permitted equipment operation. Mark grade stakes for cut to 1 ft. below expected finished grade for replacement area. This grade is for initial reference only. Final grade may be adjusted as discussed below to assure wetland hydrology for replacement area. 2. Install Silt Fence across wetland and along lower edge of replacement area, as shown on plan. Vegetation interfering with silt fence placement may be cut before installation. Silt fence along edge of replacement area may be installed up to 3 feet into wetland at toe of slope to facilitate blending of grade to existing wetland surface. No equipment traffic or other alteration is permitted beyond sediment barriers or in wetland areas. Silt fence within the wetland shall be trenched in by hand. Trench for sediment barriers in upland areas may be cut by machine. 3. Prune wetland shrubs and seedlinas to be moved , as identified by supervising Wetland Scientist. Remove approximately 2/3 of top growth to facilitate movement and reduce transpiration losses. Any trees and shrubs over 2" caliper (dbh) shall be cut flush and tops removed without equipment traffic within wetland. v ...� 4. Excavate and stockpile wetland soil and plants from area to be filled,. Excavate the "A" horizon (dark, upper 1'± of soil, with roots and plants as an intact mass and stockpile in area designated on plan. Move woody plants with maximum practical root ball and stockpile as upright as possible. Gravel fill and culvert may be placed where wetland soils have already been removed in order to permit equipment access to next area to be excavated. 5. Complete installation of road fill and culvert, sufficiently to permit equipment access to replacement area. 6. Excavate the proposed replacement area to approximate staked grade. Excavation work shall be done from outside the existing wetland. Excavation shall progress from the wetland or lower edge into the upland, with excavation of replacement area and replacement of soils and plants (see step below) phased if necessary to minimize equipment traffic within the open excavation. The Environmental Consultant or their representative shall be notified to inspect the excavation as it progresses in order to verify soil and groundwater conditions. Grades shall be adjusted if necessary for desired wetland hydrology. 7. Place soil and plants in wetland replacement area. to approximate finished grade. Where possible, place plants upright. Excavator bucket may be used to press soil down slightly, but a smooth finished grade is not required or desired. Plants and soil should be handled as little as possible. Equipment traffic in replacement area is to be minimized, with no traffic on wetland soils already placed. If stockpiled wetland soils are not sufficient to cover entire wetland replacement area, use additional "topsoil" with texture of fine sandy loam or finer, and Munsell chroma of 3 or less due to organic matter content. If not from a wetland source, "Topsoil" shall be free of plant residues and roots. 8. Seed replacement area with: New England Wetland Plants "Wet Mix" (or equal) at 1 /2 lb/ 1000 sq. ft. Broadcast seed, with heavier application on areas without cover from transplanted plants. Rake into surface lightly where feasible without disturbing transplants. Mulch with straw or wet meadow hay at 2 bales /1000 sq. ft. 9. Install silt fence or mulch and control runoff as necessary to prevent sediment discharge into replacement area. Loam and Seed cut slope above replacement area. Mulch slope and secure with netting. 10. Establishment and Monitoring: At the end of each growing season until establishment, a progress report shall be submitted to the issuing authority. Additional plantings or seeding shall be provided if re- establishment appears unsuccessful. Vegetation may be cut or removed selectively to favor wetland species or control invasive species. No specific long -term maintenance program is required for the proposed replacement area. Natural succession of wetland species should be permitted to proceed. 03 -27 -1997 03:OOPM FROM HAROLD L. EATON & ASSOC. TO 5$53726 P.02 ..r 'i`MS DZCLARATft)N made this _ day of , 1997, by Kevin W. Heafey and Ro y Giangregorio, both of Northampton, Hampshlre County, Massachusetts, hereir�altel referred to as the "DML )Pl;R", and their heirs, successors and assigns, who are the owners of the real estate heroin involved, WHERVAS the Developer is desirous of creating an attractive residential community encoura" harmonious and pleasing homes, assur a, lUgh quality of community appearance and providing and insuring the preservation the values created to said community; and WHEREAS the Developer intends to estabUsh. a Homeowners Association for this project as a covenant which is to run with said read, estate which %hail be binding upon all persons or parties and persons claiming under said parties: and WIMREAS the Developer intends, in furtherance of a plan for the improvement and sale of real estate described below, to sell said areal estate, or any portion thereof, and such real estate shall be sold, conveyed and occupied subject to the Restrictions, Covenants. agreements, conditions and charges, as hereinafter set forth; NOW, THERBrORE the Developer declares that the zeal property described in Section I is and shall be held, transferred, sold, conveyed, and occupied subject to the following restrictions and covenants which shall bind each and every lot described in Section I and which shall run with and benefit the lard. The land situated in Northampton, Hampshire County, Massachusetts, off Rustlewood Ridge and North Farms Road, being Lots 1, 2, 3, 4, a, C, 7 and 9 as shown on plan of .land entitled* " prepared by Harold L, Eaton & Associates, Inc. dated 1997 and recorded with the Hampshire County Registry of Deeds in Plan Book , Page 1. S BD SIGN_ No lot or combination of lots shall be subdivided or modified in any way for the purpose of increasing the total number of lots upon which single - family 1 03 -27 -1997 03:OOPM FROM HAROLD L. EATON & ASSOC. TO 5853725 P.03 \.r ../ residential structures may be constructed. No conveyance of less than all of any lot or of any easement or license shall occur without the prior written approval of the Developer or their successors or assigns. 2. fig jg uSE The land included in said development shall be used for residential or non - commercial purposes only. No mechanical, mercantile, or ananufacturing trade or business other than the practice of a profession and then only within, the dwelling house and subject to Zoning Board approval, on the lot shall be carried out an or upon any lot. In no event shalt the premises be used for any purpose which may be or may become an annoyance or nuisance to the neighborhood. No residential structure other than one strigle family dwelling shall be erected or placed on any lot. Attached or detached garages for not more than four (4) cars, together with accessory non- residential structures such as greenhouses, tool sheds. storage barn, pools and fencing shall be permitted, but only if and so long as they are used in connmtion with a dwelling house- ca- KU 111 STYW: As to lots 1, 2, 3, 4. 5 and f, dwellings shall contain not less than two thousand five hundred (2,500) square feet of framed living area. M to lots 7 and 9. dwellings shall contain not less than 2,040 square feet of framed living area. Living area is defined as year - round, heated living space located above grade, excluding porches, breeaeways and garages. 4. k9CATIOVI OF sou s ON A LOT No residence, garage or allowed accessory outbuilding, pool or tennis court, or other structure, shall be erected on a lot nearer than forty (44) feet to any border of any building lot. 5. O APPROVAL No building, fence, wall, or other structure shall be crested, placed or altered. on any lot, nor shall any native growth on the lot be permitted to be destroyed, cleared, removed, and/or pruned for the placement of any building, fence, wall, or other structure, or for the purpose of attaining or enhancing a scenic view or scalar gain, until the construction and other plazas and specifications showing the nature. kind, shape, height, materials, floor plans, color scheme and the tree cutting, native growth clearing, and grading plan for the lot to be built upon. have been submitted to and appravved in writing by the Developer. The Developer &hall have the right to refuse to approve any such plans, specifications. or vegetation and tree clearing and grading plans which are not suitable or desirable, irl their opinion, for aesthetic or other reasons. In so passing upon such plans, specifications, etc., the Developer shall take into consideration the suitability of the proposed structure and materials to the site, Including, but not limited to, harmony with the surroundings and effects on the outlook from neighboring properties. Said submission of plans shall include, but not be limited to: la) A plot plan of the lot showing the locations of the proposed construction: (b) Building plans. including drawings which show the elevation of the proposed construc- tion; (c) A. description of the exterlor materials and colors: (d) Landscaping plans, including but not limited to tree Gutting and pruning and brush 2. 0 03 -27 -1997 03:01PM FROM HAROLD L. EATON & ASSOC. TO 5853725 P.04 NOW '" clearing plans, and (d) The owners' proposed construction schedule:. The Developer sha11 provide written approval of said plans suitable for recording. In the event the Developer fails to approve or deny a proposed structure wittAin forty -fire (45) days after receiving full proposal as described above. the proposal shall be deemed approved. $. 2MM No vinyl siding, tar paper siding, asphalt siding, aluminum s iding, log siding, plywood si tng. '.Texture 111 siding,. roll brick or similar materials mazy be used as siding on outside walls of any structure on any of the above - referenced Iots. 7. BVLQ�VA AWD DISMPU T9. 9F T11: During the approved construction, tree cutting and vegetation removal and/or landscaping phase, earth, gravel. rock and other constituents of the laird formation may be removed and /or excavated from the lots provided that such removal acid /or excavation is done in a manner which preserves as closely as possible the contour of the property and does not create problems of water, soil erosion or related matters, g. HATlVAROMH The native growth of the property shall not bepermitted to be destroyed or removed, except as provided in writing by the Developer as hereina►bove stated. In the event of a violation by any lot owner, the Developer may rewire the planting or replacement of the vegetation destroyed, the cost thereof to be borne by the o%mer of such lot responsible for the removal, and a lien equal to the rc laeement cast of the destroyed vegetation may be placed on the property of the owner of the lot violating this regulation until corrected to the satisfaction of the developer or the homeowner's association. They only tree cutting permitted shall be for the construction of the dwelling house, including accessory structures and accessory uses such as lawn, garden and for access thereto. Any approved tree removal shall be selective in nature and conducted in accordance with good forestry practices directed at improving the quality of the woodlands and eking the natural beauty of the development. Auer the construction phase, the future cutting of trees within the development for the p urpose of either enhancement of scenic view or solar gain must be approved in writing by the Developer, if the Developer still owns lots within the development, or by the homeowners association in the event most lots have been sold. No commercial harvesting of forest products shall be allowed, and "clear cutting" and other "de nuding" practices shall be prohibited. 9. INCO►ll ZL$= ri L.L1NGSIGltAIIIN AND I.ANDSt'rAPI111Gi The exterior of any building erected on a lot and the iandsca and grading in connection therewith, shall be completed within twelve (12) months a�commencemient. lo. TpAnzR9. Ts lltTB_ MQBMZ SOMIBS. ETC. No structure of a temporary nature, trailer, mobile home, basement. tent, shack, garage, barn or other out building shall be used on any lot at any time as a residence, either temporarily or permanently. 11. ate: No signs shall be erected or maintained on any lot except. (al Such signs as may be required by law, 3 0 03 -27 -1997 03 :02PM FROM HAROLD L. EATON & ASSOC. TO 5863725 P.05 (b) A residential identification sign having a total face area not larger than one hundred forty -four (144) square inches; (c) Turing the time of construction of any building or other improvements, one 0) Job identification sign not larger in area than three (3) square feet; (d) A "lror Sale" sign of reasonable type size and appearance, but only if attached to the building or free - standing, and not to exceed six (a) square feet in area. 12 • FZl'!�CoZS No fences shall be allowed on any lot, except for fences required or law, i.e. around swimming pools, or for domestic pets or a fenced area for horses iepons. Any fence shall not exceed six (6) feet in height and shall not be allowed within fifty (50) feet from any lot boundary' line or any easement location within the development. A fence exceeding six (0) feet up to a maximum of ten (10) feet shall be allowed around any approved tennis court, subject to the restriction that Ruch fence shall not be within fifty (50) feet of any lox boundary line or any easement location within the drmlopment. 13• AMY" : N fl animals, livestock, birds, or poultry of any kind shall be raised, bred, or kept on the property except that dogs, eats, or other usual household pets may be kept on lots provided that they are not kept, bred, or maintained for commercial purposes. and do not become a nuisance to other owners and occupants. A ma of two (2) horses and /or ponies are allowed provided that they are not kept, bred, or maintained for commercial purposes and do not become a nuisance to other owners and occupants. 14. GARRAGA QS_ R MM - nvdrpr Q . LMW- No lot shall be used as a dumping ground for trash, rubbish, garbage or hazardous materiaais. All clothesline3, equipment, trash containers, service yards, wood piles, and store piles shall be kept screened by adequate planting or approved fencing so as to conceal them from the view of neighboring residences and common driveways, except during such necessary periods as when said trash containers are made available for collection. All rubbish, trash and garbage shall be regularly removed from the premises and shall not be allowed to accumulate thereon. No dead trees or heavy brush of any kind shall be placed or permitted to accumulate upon or adjacent to any lot which will or may render the same or any portion thereof unsanitary, unsightly, offensive, or otherwise detrimental to any other lot. 15. NUYSANCF .: No noxious or offensive activities shall be carried out, on or upon any lox, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 16. LOCATKD f The furnishing of all utility services to each lot shall, be by means of underground installation. No underground storage of petroleum oil, gas, or other substances, harmful to the environment shall be permitted. The burial of propane tanks shall be allowed. 1 7. MAMCURSD LAM: The total coverage on lots 1, 2. 3. 4, 5 and 6 within the G1 03 -27 -1997 O3:02PM FROM HAROLD L. EATON & ASSOC. TO 5863725 P.O6 =2 ..,e development fQr a manicured lawn shall not exceed ten percent (10 %) of the total lot area, and for leas 7 and 9 shall not exceed twenty percent (20%) of the total lot area. 1S. = SSG. TR,_,, & CUTTING Clearing and tree cutting and shrub and vegetation removal on any lot for the purpose of constructing buildings, pools, tennis courts, and manicured lawns, exclusive of common driveways, driveways, easement locations, leachfields, and pipes to leachfields, shall not exceed the following percentages for the following lots (a) Twenty percent (20x/0) fot lots 1. 2. 3. 4, and 5. (b) Twenty -five percent (25%) for lots 6 and 9. (c) Not applicable for lot 7. 19. I-M, : No commercial law:ncare shall be allowed within the development including but not limited to no commercial application of herbicides, pesticides, femlizers, chemical compounds, and other materials or substances for the purposes of laxxn ea re, weed control, etc. 2<). W ._ IC TAMK PUMPING Each lot owner shall have the septic tank servicing his or her property pumped at least once every three (3) years. ._ = ILIL I. MEAME : The owners of lots 1, 2, 3, 4, S. 6, 7, and 9. as shown on the plan herefnabove referred to, shall be members of the Association. Membership shall be appurtenant to and may not be separated from ownership of any of the above Sots. (a) yo= The Association shall have two (2) classes of voting members as follows: 8) Cl Us Class A members shall consist of all lot owners, with the exception of the developer, and shall be entitled to one (1) vote for each lot owned. When more than one (u person holds interest in the given lot, all such persons shall be members and the vote for such lot shalt be exerdsred as they may determine among themselves, In no event shalt more than one (1) vote be cast with respect to any lot owned by Class A members. (11) C lUg Class B shall consist of the developer who shall be entitled to exercise one 0) vote for each lot owned. Class B membership shall terminate and cease to exist at such time as time developer has conveyed all of the lots hereinabove stated. (iii) won DrivewWa, Any matters pertaining to the common driveways as shown on said plan shall be controlled and voted upon only by those owx whose lots are directly connected by said common driveways, that being owners of lots 1, 2, 3, 4, 5, and 6. The owners of lots 7 and 9 shall not be entitled to any control and /or vote affecting the common driveways and easement areas along said common driveways. (b) alltllo of t14 p►fis A And B MeVh= The authority of the Class A and B members shall include. but not be' limited to the following: W To elect a, secretary of the association to handle the administration of the restrictions axed covenants contained herein. W 11 03 -27 -1997 03:03PM FROM HAROLD L. EATON & ASSOC. TO 5853725 P.07 ti.. .M./, (U) To establish such Hiles and regulations as the Association WSLy deem appropriate in order to manage, m&Entain. improve, repair and restore the con=e n dnveways and easements along the common driveways and to oversee the covenants and resWctions p ertainin g to the individual lots and lot owners. fill) To oversee the management, maintenance, Improvement. reparation, and restoration of the common driveways and easements as shown on the plan hereinabove referred to as a group or in the alternative, to be respongble for arranging for the proper mainterAnoe, reparation and restoration of same. -The City of Northampton has no responsibility for the maintenance of the common driveways and /or easement areas. Uv) To determine and assess expenses for the development for the management of the development and for the maintenance, improvement, reparation. and restoration of the common driveways and easement areas: and to collect any common charges from the lot owners as assessed by majority vote of the Association, with the limitation that only those owners of the lots serviced by the common driveways and easement areas shall vote pertaining to any assessment and shall pay any assessment of common charges pertaining to same. The owners of lots 7 and 9 shall not be involved in the vote or payment of common charges for the maintenance, reparation, restoration or improvement of the common driveways and easement area. jv) To control and eqmnd the funds collected under (iv) above. (vi) 1b approve or disapprove the written: request by any lot owner for the post construction removal of trees, native growth, planting and vegetation and /or the pruning or thinning of trees for the construction of an accessory structure and /or for the purposes of enhancement of scenic views and /or solar gain. The Association shall have the right to refuse to approve any such request which it deems is not suitable or desirable for aesthetic or other reasons. In the event such request is approved by the Association, the Association, through its duly authorized secaretwy, shAU provide written approval of such proposal suitable for recording ith the Hampshire Registry of Deeds. Majority vote shall control in al cases except as herein spm!Bcalty stated. The Developer hereby covenants for each lot within the Development and each lot owner is hereby deemed to covenant by acceptance of the deed for such tot, to pay to the Association special or annual assessments for enforcement of these restrictions and covenants contained herein and, only for owners of lots 1, 2, 3. 4, 5, and S, for the maintenance, improvement. reparation, and restoration of the common driveways and easement areas. Such assessments shall be established and collected by the Association. N'ouce of assessment shall be sent to every lot owner isubject thereto by the seers of the Association. Enforceability of the assessment and collection of assee mment shall be as hereinafter provided. 0 N 03 -27 -1997 03:04PM FROM HAROLD L. EATON & ASSOC. TO 5853726 P.08 ewAl The foregoing covenants shall not apply to the busyness acth4ties of the Developer, their successors or assigns, during the construction and sale period, nor shall they apply to residential lots which are owned by the Developer and which remain unimproved. The Developer or their duly authorited delegate shall have the right to waive, alter, or amend any of the foregoing restrictions and covenants in particular cases in the event that it beooxnee necessary or equitable to do so, and the Developer or their delegates shalt be the sole ,fudge as to the proprietor of such welver, alteration or amendment. Any such waiver or any failure to enforce the restrictions herein shall not be deemed a waiver of the right to eT force the restrictions thereafter. The Developer's right under this paragraph shall w pi:re tarpon the earlier occurrence of (1) the sale of all lots; or (ii) January 1, 2000. 1. $igbtto fa& . The right to file an action in 'equity or at law with the courts of the Commonwealth of Massachusetts arising under the restrictions and covenants contained herein, including otes and assessments and rules and regulations of the homeowners' association. shall be held by the Developer, by the owner of any lot in the development, and/or by the homeowners association. The prevailing parties shall recover reasonable attorneys ! fees and coets inewyed in such action. 2. enforceme Method Enforcement of these restriedons and covenants as hereinabove outlined shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any restriction or covenant, including the collection of common charges by the homeowners' association, either to restrain such violator or attempted violation or to recover damages against any person or persons violating or attempting to violate these covenants and restrictions or to collect such common charge asse3ements as validly enacted by the homeowners' association. 1. The covenants and restrictions of this Declaration shell run with, anct bind the land and shall inure to the benefit of the Developer, their successors and assigns, and all lot owners, their successors and assigns, for a period of twenty -five (25) years from the date this Declaration is recorded with the Hampshire Registry of Deeds, after which time said Declaration shall be automatically extended for successive periods of ten (10) years unless an instrument, signed by all of the owner's of lots 1. 2. 3. 4, 5, 6, 7 and 9, has been recorded agreeing to change sald Declaration in whole or in part. 7 03 -27 -1997 03 :06PM FROM HAROLD L. EATON & ASSOC. TO 5853725 P.09 4. "no'' 2 • 2MM 1 4g : tnvandity of any one of the covenants or restrictions by judgmen t of coup or otherwise shell tR no wise affect any other provisions, each of which shell remain in full force and effect. 3. Qe_v ' Exemntian fMM Liabit_i�, : Under no Circumstances skull the Developer, their heirs, successors or assigns, be held responsible for any violation of the reservations and restrictions by any lot owner, or for any waiver of restrictions the Developer msry choose to grant, and each owner of a lot in the develops rent, by acceptance of a deed thereto, assents to the written provisions and he, she or they and his, her or their heirs, personal representatives, successors and assigns, shall be bound hereby. IN WITNESS WUXRMQF, the undersigned Developers have hereunto set their hands and seals the day and year fret above written. Signed in the preswee of: Witness HEVIN W. HFAFEY Witness ROY GMSGREGORIQ COMMONWEALTH OF MA ACHUSE rS Hampshire. as. .1997 'Then persoraill appeared the above -named KEVIN W, HEAFEY and ROY GMNGREG�Rtt3 who acknowledged thM the foregoing instn went is the free act and deed of Kevin W. Heafey and Roy Giangregorto, Developers, before me Roger A. w alariek - Notary Public My commission expime: ,August 24, 2441 E ■ TOTAL P.09 a I.IMW -W=011 Commonwe6fth of Massachusetts j r.� ;1 r- - Executive Oftce of Environmental Affairs Department of I , - , ! MAR 3 11997 Environmental Protectlt'�'' Western Regional Office � ,.` William F. Weld i 2 Governor W"xe Argeo Paul Cellucci Secretary Lt. Governor David B. Struhs Commissioner RE: NOTIFICATION OF FILE NUMBER DATE: A&'kr 1 1 D -� - 0 WETLANDS (city/town)t' The Department of Environmental Protection has received a Notice of Intent filed in accordance with the Wetlands Protection Act (M.G.L. c. 131, §40): APPLICANT: r . Y OWNER: ADDRE fr - ,Y J ' ;�!' C" ADDRESS: 7 PROJECT LOCATION: IF CHE SXED, THE FOLLOWING ITEM(S) APPLY TO THIS NOTICE OF INTENT: A. -�- This project has been assigned the following file #: 1�1 9 �7 — q0 -Z " Although a file #is being issued, please note the following: 1R C- Q��r 1014 1 C, r , I -4tr oadck' - 1% ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF S BMITTAL, NOT APPROVAL OF APPLICATION B. No File # will be assigned to this project until the following missing information is sent to this office, to meet the minimum submittal requirements in accordance with the Wetlands Protection Regulations at 310 CMR 10.00: copy(s) of a completed Notice of Intent (Form 3 or Form 4 of Sect. 10.99, whichever is applicable) and a y of the Fee Transmittal Form, with a coDv of the check for the State's share of the Notice of Intent filing fee, copy(s) of plans, calculations, and other documentation necessary to completely describe the proposed work and mitigating measures to protect resource areas. ( ) _ proof of abutter notification: MGL c.472 of the Acts of 1993. ( ) - copy(s) of plans showing compliance with Title 5 of the State Environmental Code, 310 CMR 15.00. Proof that a copy of your Notice of Intent has been mailed or hand delivered to the Natural Heritage and Endangered Species Program. COMMENTS: (see page 2 for additional information) 436 Dwight Street • Springfield, Massachusetts 01103 • FAX (413) 784-1149 • elep one (413) 784 C. _ Other Regulatory Jurisdiction ( ) Applicatioir`has been forwarded to Waterways Regulatory Program to determine if a Chapter 91 License is required. ( ) Applicant is advised to forward copy of the Notice of Intent to the Corps of Engineers for review (call 1- 800 - 362 =4367 for information). D. 401 Water Quality Certification;614 CMR 9.00) may be required. See below for further details: ( ) Based upon the information submitted in and with your Notice of Intent a separate 401 Water Quality Certification application form is not requifed. Provided that the project meets the following conditions, summarized below from 310 CMR 9.03 and 9.04, and the conditions under the Corps of Engineers Programmatic General Permit for Massachusetts (PGP), the project qualifies for 401 Certification as certified under the PGP: a) activities are conducted in compliance with MGL c.131, §40 (the Wetlands Protection Act) and the Final Order of Conditions permitting the activities does not result in the loss of more than 5,000 square feet cumulatively of bordering and isolated vegetated wetlands and Land Under Water, and/or the dredging of more than 100 cubic yards of Land Under Water; b) the Final Order of Conditions requires at least 1:1 replacement of Bordering Vegetated Wetlands pursuant to 310 CMR - 10.55 (4) (b); -c) ; , . The project is.not listed in 314ZMR.,9,04,(,1) through 411). including:,discharge.pf.dredged pr frPmaterial to. any Outstanding Resource Waters; any part of a subdivision unless deed restricted, so long as the discharge is not to an Outstanding Resource Water see 314 CMR 9.,04; activities exempt from MGL c.131, §40 (except for normal maintenance and improvement of land in agricultural or aquacultural use;) discharge of dredged or fill material to an isolated vegetated wetland designated as rare and endangered species habitat; loss of any salt marsh; activities subject to an individual 404 permit. Information and a copy of the PGP can be obtained from the Crops of Engineers at 1 -800- 362 -4367. If impacts to resource areas or project size increased beyond that described in the Notice of Intent or there are discrepancies therein, you must notify the Department and request a determination that the criteria of 310 CMR 9.03 have been met before the activity may begin. ( ) Before the activity described in the Notice of Intent can commence, you must obtain a Water Quality Certification from this Regional Office. Please complete the enclosed 401 Water Quality Certification application form and file it with this Regional Office for review. R i ( ) Your project involves dredging of greater than 100 cubic yards of Land Under Water. Please complete the enclosed 401 Water Quality Certification application form and submit to the Department of Environmental Protection, Waterways Regulation Program, One Winter Street, Boston, MA 02108. Call the Waterways Regulation Program at 617- 292 -5695 with any questions. For more information please contact: cc: Conservation Commission ( ) Owner: Waterways ( ) Other: V.S. Army Corps of Engineers ( ) Representative: • k WRWL 100 (11/95) Page 2 MAR- 7 - 97 FRI 2 :27 PM GRIFE WALASZEK FAX NO. 1 41' 1 -94 5976 P. 2 `.. ...i CO ON DRIVEWAY AND UTUjTg' EMBNT MAINS lv� A}REEMBNT'OR TATS 1 2. aa d 9 Opp RUS=WOOD RIDGE. ENy ORTE AMPTW- j — VMP� HjA&QDNNTY- MA This Maintenance Agreement affects and involves a common driveway which serves Lots 1, 2, and 3, as shown on plan of land entitled "General Site Plan for Land on Rustlewood Ridge & North Farms Road, Northampton, MA for Kevin W. Healey, et als" dated February 24, 1997, Charles H. Dauchy Environmental Consultant, and an actual survey of said project which is recorded with the Hampshire County Registry of Deeds in Plan Book page 1. OSyUp RSHIP AUV DESIGN All of said lots and the comm driveway together with the utility easement area abutting said common driveway are currently owned by the undersigned and are shown on said plan. 2. CONS'WrM0N ILLATION The common driveway and utility easement abutting said driveway for utilities including but not limited to electric service, telephone, cable, and sewer, shall be constructed, installed, maintained, repaired, and reconstructed at all times by owners so as to be (i) as to the common driveway, in a good and passable condition, including without limitation, graveling /paving, grading, and snow removal; and (ii) as to the utility easements, to be easily accessible and without obstruction. 3. Q25T OF INST•LATION BND CONSUWCInON: The undersigned owners shall be fully responsible for the costs of the initial construction and installation of the common driveway and for the preparation of the utility easement area. 4. gOSPONSIBJWIY OF 5UBSEOUEZU OWNE$a,: The subsequent owners of said lots 1. 2, and 3, and /or their respective heirs, successors and assigns, shall be responsible for the payment of and the actual maintenance, repair, and reconstruction of the common driveway, as set forth hereinabove, in equal shares, share and share alike, which MAR — 7 - 97 FRI 2 :28 PM GRIFE 'VALASZEK FAX NO. 1 41' ^94 5976 P. 3 Nftwl .,00 affect the entire length of said common driveway and, each lot owner being responsible for one -third (1/3) of such cost. As to the utility easement, each owner shall be responsible for any repair, reconstruction or maintenance of any utility which shall affect that individual homeowner only. In the event that the repair of said utility affects all three owners, then all owners shall be equally responsible for the payment of one -third (1/3) of such cost. in the event that it affects two (2) of three (3), then those two (2) owners shall be equally responsible for one -half (1/2) of the cost. 5. OWNERS MEEnN A.Np A,SSES The owners of each of the above lots shall be responsible for the advance payment of $ upon the purchase of their lot, which sum shall be credited to the account of said homeowner and held for the purposes of paying for the maintenance, repairs, reconstruction, as hereinabove stated, to the common driveway and utility easement area. Thereafter, the owners of said lots shall meet at least once each year to review the condition of the common driveway and utility easement area and shall determine by mutual agreement, when, to what extent. and in what manner any necessary maintenance, repairs, reconstruction and other work to the common driveway and utility easement area shall be conducted. Each owner shall pay any and all expenses associated with the common driveway or utility easement area, as hereinabove stated, on a semi-annual basis. The three (3) owners shall designate one (1) of their group to be a "Managing Member" who shall be responsible for the hiring of necessary contractors, the payment for such services rendered, and the maintenance of records relative to said payments. In the event any owner fails to make semi - annual payments when due, as agreed upon by the three (3) owners, such owner shall be responsible for the payment of interest thereon, at a rate of eighteen percent (18 %) per annum, to the owner or managing member who has paid, and shall be subject to a lien on his or her property by the owner or managing member who has paid, and shall pay all NAR,7 7 - 97 FRI 2:28 PM GRIFE ' WALASZEK FAX h0, 1 41Q 584 5976 `*M11- .,000 P. 4 costs of collection including but not limited to court costs, reasonable attorneys fees, and recording fees. 6. INDIVIDU OWNER NTENANCE OR RUAM: If any owner has any type of work done which necessitates the digging up of the common driveway or the utility easement area for the sole benefit of said owner, then such owner shall be solely responsible for the payment of such work and for the restoration of the common driveway and /or utility easement area to its original condition and paying for the cost thereof. In addition, the owner of each lot shall be solely responsible for the costs of maintaining any driveway which is used solely by said owner and is not considered the common driveway. 7. PARKING /NO PARKING: Except in emergency situations, the owners, their heirs, successors, assigns, family members, or invited guests, shall not park on the common driveway except in areas where specifically designated. $, 1 SUBJECT TO THIS AGRF In order to insure the continued maintenance, repair and reconstruction of the common driveway and the utility easement area, the rights grid obligations established by this Agreement shall run with the fee simple ownership of each lot covered hereby, and said lots shall be conveyed together with and subject to this Agreement. 9. NON - FORFEITURE: The failure of any owner to abide by this Agreement, shall not act to forfeit that owner's right to use the common driveway or the utility easement area hereinabove described, but shall give rise to a debt enforceable in a court of law by appropriate legal action. in the event of legal action among the owners concerning his or her rights and obligations under this Agreement, the prevailing party or parties shall recover, all costs of collection including reasonable attorneys fees together with any damages awarded. MAR'e 7 - 97 FRI 2:29 PM GRIFF FAX N0. 1 41 - 84 5976 P. 5 10. MIS ELLA.NEOUS: The obligations of owners under this Agreement shall continue and be binding upon each owner. whether or not such owner resides on the lot. 11. MODIFICATI(M. This Agreement may be modified or cancelled only by the unanimous agreement of the then current owners of lots 1. 2, and 3. with such modification to be in writing and recorded with the Hampshire County Registry of Deeds. IN WITNESS WHEREOF, the owners have executed this Agreement on the day of _ .1997. KEVIN W. HEAFEY -OWNER BARBARA A. BUI'VIDIS -OWNER ROY GIANGREGORIA OWNER PATRICIA GIANGREGORIA OWNER HAMPSHIRE, SS. 1997 Then personally appeared the above - named KEVIN W. HEAFEY. BARBARA A. BUIVIDIS. ROY GIANGREGORIA, and PATRICIA GIANGREGORIA and acknowledged the foregoing to be their free act and deed, before me COMMONWEALTH OF MASSACHUSETTS ROGER A. WALASZEK- NOTARY PUBLIC My commission expires: 8/24/2001 MARS 7 - 97 FRI 2:29 PM GRIFE `9ALASZEK FAX N0, 1 41' '84 5976 P. 6 `. .001 COMMON DFaVSWAY AND UT rry EASEMENT MAINTENA ADREENWT FOR LQV 4. S. g " 6 OFF NQ23P FARMP ROA jN NORTHAPAPTONH BW COUNTY M This Maintenance Agreement affects and involves a common driveway which serves Lots 4, 5, and 6. as shown on plan of land entitled "General Site Plan for Land on Rustlewood Ridge & North Farms Road, Northampton, MA for Kevin W. Heafey, et als" dated February 24, 1997, Charles H. Dauehy Environmental Consultant, and an actual survey of said project which is recorded with the Hampshire County Registry of Deeds in Plan Book . Page 1. Q AND DF51GNATIObl: All of said lots and the common driveway together with the utility easement area abutting said common driveway are currently owned by the undersigned and are shown �n said plan. 2, CO UCPUnN INSTALLA The common driveway and utility easement abutting said driveway for utilities including but not limited to electric service, telephone, cable, and sewer, shall be constructed, installed, maintained, repaired, and reconstructed at all times by owners so as to be (i) as to the common driveway, in a good and passable condition, including without limitation, graveling /paving, grading, and snow removal: and (ii) as to the utility easements, to be easily accessible and without obstruction. S. ng STAL N CONS : The undersigned owners shall be fully responsible for the costs of the initial construction and installation of the common driveway and for the preparation of the utility easement area. 4. RAN $J BILIT Y' OF SU13SEQUENT OWNERS: The subsequent owners of said lots 4, 5, and 6, and /or their respective heirs, successors and assigns, shall be responsible for the payment of and the actual maintenance, repair, and reconstruction of the common driveway, as set forth hereinabove, in equal shares, share and share alike, MAR- 7 FR I 2:30 PM GRIFE `9ALASZEK FAX N0, 1 41 ^94 5976 `. ..., P. 7 which affect the entire length of said common driveway and. each lot owner being responsible for one -third (1/3) of such cost. As to the utility easement, each owner shall be responsible for any repair, reconstruction or maintenance of any utility which shall affect that individual homeowner only. In the event that the repair of said utility affects all three owners, then all owners shall be equally responsible for the payment of one -third (1/3) of such cost. In the event that it affects two (2) of three (3), then those two (2) owners shall be equally responsible for one -half (1/2) of the cost. 5. OMM= MEETING: AND AS The owners of each of the above lots shall be responsible for the advance payment of $ upon the purchase of their lot, which sum shall be credited to the account of said homeowner and held for the purposes of paying for the maintenance, repairs, reconstruction, as hereinabove stated, to the common driveway and utility easement area. Thereafter, the owners of said .lots shall meet at least once each year to review the condition of the common driveway and utility easement area and shall determine by mutual agreement, when, to what extent, and in what manner any necessary maintenance, repairs, reconstruction and other work to the common driveway and utility easement area shall be conducted. Each owner shall pay any and all expenses associated with the common driveway or utility easement area, as hereinabove stated, on a semi -annual basis. The three (3) owners shall designate one (1) of their group to be a "Managing Member" who shall be responsible for the hiring of necessary contractors, the payment for such services rendered, and the maintenance of records relative to said payments. In the event any owner fails to make semi - annual payments when due, as agreed upon by the three (3) owners, such owner shall be responsible for the payment of interest thereon, at a rate of eighteen percent (18 %) per annum, to the owner or managing member who has paid, and shall be subject to a lien on his or her property by the owner or managing member who has paid, and shall pay all MAC 7 - 97 FRI 2:31 PM GRIFF ' WALASZEK FAX N0, 1 4 584 5976 P. 8 costs of collection including but not limited to court costs, reasonable attorneys fees. and recording fees. 6, M OWNER MAI NANCE OR REPAM: If any owner has any type of work done which necessitates the digging up of the common driveway or the utility easement area for the sole benefit of said owner, then such owner shall be solely responsible for the payment of such work and for the restoration of the common driveway and /or utility easement area to its original condition and paying for the cost thereof. In addition, the owner of each lot shall be solely responsible for the costs of maintaining any driveway which is used solely by said owner and is not considered the common driveway. 7. AR NO PARKIbn: Except in emergency situations, the owners. their heirs, successors, assigns, family members, or invited guests, shall not park on the common driveway except in areas where specifically designated. g, LOTS SUBJE CT TO THIS AG$U EMEN'�: In order to insure the continued maintenance, repair and reconstruction of the common driveway and the utility easement area, the rights and obligations established by this Agreement shall run with the fee simple ownership of each lot covered hereby, and said lots shall be conveyed together with and subject to this Agreement. 9. NON - FORFEITURE,: The failure of any owner to abide by this Agreement, shall not act to forfeit that owner's right to use the common driveway or the utility easement area hereinabove described, but shall give rise to a debt enforceable in a court of law by appropriate legal action_ In the event of legal action among the owners concerning his or her rights and obligations under this Agreement, the prevailing party or parties shall recover, all costs of collection including reasonable attorneys fees together with any damages awarded. MA&= 7 - 97 FRI 2:32 PM GRIFF WALASZEK FAX 140. 1 41 5 84 5976 N".. ...r P. 9 10. MISCELLANEOUS: The obligations of owners under this Agreement shall continue and be binding upon each owner, whether or not such owner resides on the lot. 11. MODIFICATION This Agreement may be modified or cancelled only by the unanimous agreement of the then current owners of lots 4, 5. and 6. with such modification to be in writing and recorded with the Hampshire County Registry of heeds. IN WITNESS WHEREOF, the owners have executed this Agreement on the day of KEVIN W. HEAFEY -OWNER BARBARA A. BUTVIDIS -OWNER ROY GIANGREGORIA - OWNER PATRICIA. GIANGREGORIA OWNER COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE, SS. '9 1997 Then personally appeared the above - named KEVIN W. HEAFEY, BARBARA A. BUIVIDIS, ROY GIANGREGORIA and PATRICIA GiANGREGORIA and acknowledged the foregoing to be their free act and deed. before me 1997. ROGER A. WALASZEK- NOTARY PUBLIC My commission expires: 8/24/2001 CHARLES H. DAUCHY, Environmental Consultant 24 Old Long Plain Rd. RFD#3, Amherst, MA 01002 (413) 548 -8005 (Voice /Fax) March 3, 1997 Northampton Conservation Commission City Hall 210 Main Street Northampton, MA 01060 Dear Commissioners: Enclosed are: Re: Submittal of Notice of Intent Applicant: Kevin W. Heafey Location: 186 North Farms Road Nine complete copies of the Notice of Intent for a proposed common driveway and for work on one proposed lot ( #4) within the 100 ft. buffer, with exhibits and plans (2 sets full scale, 7 reduced). One check in the amount of $337.50 to the City of Northampton for filing fees under the City's Wetlands Protection Ordinance and Mass Wetlands Protection Act. Please note that Lot 9, although shown on the plans, is not a part of this notice. It is shown for general information only and will be the subject of a separate Notice in the future, when perc test information and septic design are available. My understanding of the Ordinance is that the Applicant will be provided with a notice to be posted on the property. Please send the notice directly to Mr. Heafey for posting. The applicant will also be responsible for the cost of the legal notice, to be placed by your office. Please call if you need any additional information or have questions regarding the filing. Thank you for your consideration. Sincerely, es H: Dauch encl. cc: Kevin Heafey 310 CMR 10.99 V D: J le No. 246 - (To be provided by DEP) Form 3 citvaown Northampton Applicant Kevin W. Heafev Commonwealth Department of of Massachusetts Defense United States of America Notice of Intent Under the Massachusetts Wetlands Protection Act, G.L. c. 131, s 40 and Application for a Department of the Army Permit & Northampton Wetlands Protection Ordinance Part I: General Information 1. Location: Street Address 186 North Farms Road. Northampton. MA Lot Number Mar) 12. Parcel 1 2. Project: Type Common drive for single family residences Description: Work within 100 feet of a wetland includes (1) Construction of a common driveway to serve 3 proposed single family homes, including clearing, erosion controls, grubbing, grading, filling, stone -lined roadside drainage swales and culverts, grassed outlet swale, and site stabilization. (2) Construction of an access driveway and yard area for a single family home on Lot 4 (located over 100 ft from the wetland), with associated erosion controls, selective clearing for view, and site stabilization. There will be no alteration of any wetland. 3. Registry: County Hampshire Current Book 2301 & Page 287 Current Book 4707 & Page 133 Certificate (if Registered Land) NA 4. Applicant Kevin W. Heafev Tel. 413 - 584 -1871 Address 197 North Mar)le Street. Northamoton. MA. 01060 5. Property Owner Elizabeth J. Olbris. et al. Tel. 413- 584 -2988 Address 186 North Farms Road. Northamr)ton. MA. 01060 6. Representative Charles H. Dauchv. Environmental Consultant Tel. 413 - 548 -8005 Address 24 Old Lona Plain Road. RFD #3. Amherst. MA 01002 7. a. Have the Conservation Commission and the Department's Regional Office each been sent, by certified mail or hand delivery, 2 copies of completed Notice of Intent, with supporting plans and documents? Yes X No _ (9 copies to Conservation Commission) b. Has the fee been submitted? Yes X No c. Total Filing Fee Submitted $580.00 + $35.00 (City fee) = $615.00 d. City /Town Share of Filing Fee $302.50 + 35 = $337.50 State Share of Filing Fee $277.50 (sent to Citv/Town) (1/2 of fee in excess of $25, sent to DEP) e. Is a brief statement attached indicating how the applicant calculated the fee? Yes X No_ f. Permit requested under: Mass Wetlands Protection Act (310CMR10): yes Northampton Wetlands Protection Ordinance: ves 4/1/94 3 -1 CJ 8. Have all obtainable permits, variances and approvals required by local by -law been obtained? Yes X No — Obtained Applied For: Not Applied For: Common Drivewav permit WSP zone permits Flaa Lot permits 9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c.131. s 40A or G.L. c. 130 s105? Yes No X 10. - List all plans and supporting documents submitted with this Notice of Intent. Identifying Number /Letter Title, Date Exhibit 1 Locus Map (USGS). Estimated Habitat Map. Soils Map Exhibit 2 List of Abutters. Abutter notification. and affidavit of service Exhibit 3 Fee Calculations. Transmittal form. and copies of checks Plan /Profile Plan & Profile of Common Drivewav of land on North Farms Road. for Kevin Heafev et als. by C.H. Dauchv. dtd 2/24/97 Plan Site Development Plan - Lots 4 & 9. for land on North Farms Road. for Kevin Heafev et als. by C.H. Dauchv. dtd 2/24/97 Plan General Site Plan - (scale 1" = 801 by C.H. Dauchv. dtd 2/24/97 11. Check those resource areas within which work is proposed: (a) X Buffer Zone (b) Inland:) _ Bank* _ Bordering Vegetated Wetland* Land Under Water Body & Waterway* _ Riverfront Area (c) Coastal: _ Land Under the Ocean* _ Coastal Beach* _ Barrier Beach* _ Rocky Intertidal Shore* Land Under Salt Pond* Fish Run* Isolated Wetland (not under State jurisdiction Land Subject to Flooding _ Bordering Isolated Designated Port Area* Coastal Dune Coastal Bank Salt Marsh* Land Containing Shellfish* * Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. See General Instructions for Completing Notice of Intent. 4/1/94 3 -2 12. Is the project within estimate itat which is indicated on the most rE t Estimated Habitat Map of State - Listed Rare Wetlands Wildlife (if any) published by the Natural'deritage and Endangered Species Program? YES [ ] NO [ X] Date printed on the Estimated Habitat Map NO MAP AVAILABLE [ ] (if any) 1997 -98 Atlas ( Easthampton Quad) If yes, have you sent a copy of the Notice of Intent to the Natural Heritage and Endangered Species Program via the U.S. Postal Service by certified or priority mail (or otherwise sent it in a manner that guarantees delivery within two days) no later than the date of the filing of this Notice of Intent with the conservation commission and the DEP regional office? YES [ ] NO [ ] NPT APPLICABLE If yes please attach evidence of timely mailing or other delivery to the Natural Heritage and Endangered Species Program. Part II: Site Description Indicate which of the following information has been provided (on a plan, in narrative description or calculations) to clearly, completely and accurately describe existing site conditions. Identifying Number/Letter (of plan, narrative or calculations) Natural Features Exh 1 & clans Soils (Used in wetland delineation) Plans Vegetation ( vegetation used in wetland delineation) Plans Topography NA Open water bodies (including ponds and lakes) NA Flowing water bodies (including streams and rivers) NA Public and private surface water and groundwater supplies on or within 100 feet of site NA Maximum annual ground water elevations with dates and location of test Plans Boundaries of resource areas checked under Part I, item 11 above Other Man -made Features: Plans Structures (such as buildings, piers, towers and headwalls) NA - Drainage and flood control facilities at the site and immediately off the site, including culverts and open channels (with inverts), dams and dikes NA Subsurface sewage disposal systems NA Underground Utilities 4/1/94 3-3 Plans Roadways and parking areas ..poe Plans Property boundaries, easements, and rights -of -way Other . Part III: Work Description Indicate which of the following information has been provided (on a plan, in narrative descriptions or calculations) to clearly, completely and accurately describe work proposed within each of the resource areas checked in Part 1, item 11 above. Identifying Number/Letter (of plan, narrative or calculations) Planview and Cross Section of:. Plans Structures (such as buildings, piers, towers and headwalls) Plans Drainage and flood control facilities, including culverts and open channels (with inverts), dams and dikes NA Subsurface sewage disposal systems & underground utilities Part IV: Mitigating Measures \.r I-Wo+" 1. Clearly, completely and accurately describe, with reference to supporting plans and calculations where necessary: (a) All measures and designs proposed to meet the performance standards set forth under each resource area specified in Part H of Part M of the Regulations; or (b) Why the presumptions set forth under each resource area specified in Part II or Part III of the regulations do not apply. _ Coastal Resource Area Type: Identifying number Inland or letter of support NOT APPLICABLE documents _ Coastal Resource Area Type: Identifying number _ Inland or letter of support NOT APPLICABLE documents 4/1194 3 -5 _ Coastal Inland Resource Arta Type: NOT APPLICABLE I..o Identifying number or letter of support documents 2. Clearly, completely and accurately describe, with reference to supporting plans and calculations where necessary: (a) all measures and designs to regulate work within the Buffer Zone so as to ensure that said work does not alter an area specified in Part I, Section 10.02(1)(a) of these regulations; or (b) if work in the Buffer Zone will alter such an area, all measures and designs proposed to meet the performance standards established for thedjacent resource area, specified in Part H or Part M of these Regulations. _ Coastal Resource Area Type Bordered X Inland By 100 -Feet Discretionary Zone: BORDERING VEGETATED WETLAND The 100 ft. Buffer zone is primarily a moderately to steeply sloping wooded hillside, with soils mapped as the Paxton series, a "well drained" glacial till soil, with a compact substratum, resulting in a seasonally high water table, often within 18" of the surface during the late winter and early spring. Just above the base of the slope, there is a band of deep well- drained sands. From the base of the slope to North Farms Road is a meadow, with moderately -well drained sandy soils (Sudbury & Belgrade series). Work in the buffer consists of: (1) Construction of a common driveway to serve 3 proposed single family homes(all homes are over 100 ft. from the wetland), including clearing, erosion controls, grubbing, grading, filling, stone -lined roadside drainage swales and culverts, grassed outlet swale, and site stabilization. (2) Construction of an access driveway and yard area for a single family home (located over 100 ft from the wetland), with associated erosion controls, selective clearing for view, and site stabilization. There will be no alteration of any wetland. In order to assure protection and no alteration of the wetland resource areas: 1. Sediment barriers will be installed between work areas and wetlands before any grading, stripping, or grubbing of the site, will serve as the limit of work, and will remain in place until stabilization of the work areas. Graded areas will be seeded immediately after final grading. Steep slopes will be mulched and mulch secured if season requires. 2. A vegetated upland buffer of existing vegetation will be left between the work areas and the wetlands. Where work is up -slope from wetlands, the buffer will generally be 50 feet or more, with over 30 feet at the closest points. 3. Selective clearing for view within the 50 ft buffer on lot 4 will remove overstory trees by hand, but will leave ground cover, shrubs, and sapplings. Density of herb and shrub layers can be expected to increase with removal of the overstory. 4. Leaching system for lot 4 will be over 75 feet from the edge of wetland and will comply with state and local codes. The system will be the subject of a Request for Determination of Applicability when designs are completed. Identifying number or letter of support documents Plans Plans Plans 411194 3 -6 Part V: Additional Information f,. Department of the Army Permit 1. COE Application No. NOT APPLICABLE (to be provided by COE) 2 (Name of waterway) Names and addresses of property owners adjoining your property: SEE ATTACHED LIST Y 4. Document other project alternatives (i.e., other locations and/or construction methods, particularly those that would eliminate the discharge of dredged or fill material into waters or wetlands). 5. 8 1/2" x I V drawings in planview and cross - section, showing the resou —ce area and the proposed activity within the resource area. Drawings must be to scale and should be clear enough for photocopying. Certification is required from the Division of Water Pollution Control before the Federal Permit can be issued. Certification may be obtained by contacting the Division of Water Pollution Control, 1 Winter Street, Boston, Massachusetts 02108. Where the activity will take place within the area under the Massachusetts approved Coastal Zone Management Program, the applicant certifies that his proposed activity complies with and will be conducted in a manner that is consistent with the approved program. Information provided will be used in evaluating the application for a permit and is made a matter of public record through issuance of a public notice. Disclosure of this information is voluntary; however, if necessary information is not provided, the application cannot be processed nor can a permit be issued. I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents and supporting data are true and complete, the best of my knowledge. Signature of Applicant Ke Heafey Date Signatur icant's Repre tative Charles H. Dauchy Date/ FORM 'Exception to ENG Form 4345 approved by HQUSACE, 6 May 1982" MED 100 (TEST) 1 MAY 82 "This document contains a joint Department of the Army and State of Massachusetts application for a permit to obtain permission to perform activities in United States waters. The Office of Management and Budget(OMB) has approved those questions required by the US Army Corps of Engineers. OMB Number 0702 -0036 and expiration date of 30 September 1983 applies. This statement will be set in 6 point type. 4/1/94 3 -7 LOCUS MAP EXHIBIT 1 * VAP 12, PARCEL 1 NORTH FARMS ROAD, NORTHAMPTON, MA SOURCE: USGS, EASTHAMPTON QUADRANGLE SCALE: 1:25,000 ESTIMATED HABITATS OF RARE WItCLIFF AND CERTIFIED VERNAL POOLS WilK-Se For use with the MA Wetlands regulations (310 CMR 10). i-r§� ds Produced by Natural Heritag danger e d Species Program. YA Division wwofisheries 1, Wildlife 1,1 T F I E L V .4. N - 5 - 7 �' 1029 -';�A,hf .4_. ' Pq U, ?4 j A ' J f 7 ' 1 �A 4M - A % 43, J,4 41 t 2.i -7 A- J - n \Y z N OfS Q1. . Al "n- 4503k- 5F PH 7 . . . .. .... SL .i :.�:1' ✓.p" »��. ^S ^T.• • ' - .._... �rrc'.t -Y V X M A 6 "Y q . . I \ . S, �N I. -7 o 1 Kj: A T !w if L\ A T K - •.fir'" - _ _ ,: J_. :/. _ '�.:,:. '�<. � ,4`', Y J ~� 't J. i:�''ti': `�r.r -� . .w '.�' AAa'"'''"''' . �: ° :�i 1 ~r - �`:�� _ — �� .:r�: .:L7 1z 7. 4. �G.f• - '�r. r.`.:''•, . i � z'•�',b: r'..r..a .. _ •.,�._ �..• J x;e ',k'.i ;✓ .�'F.r.r - "r ° (. s T WN 6041.." See County Index M o 1 I' kkilometer Locate adi-en' quidr".1gocs E A S T HAM P T 0 N 0 U A D 997 I City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 FAX (413) 586 -3726 • Conservation Commission • Historical Commission • Housing Partnership • Parking Commission • Planning Board • Zoning Board of Appeals DECISION OF NORTHAMPTON PLANNING BOARD APPLICANT: Kevin W. Heafey ADDRESS: 197 North Maple Street Florence, MA 01060 OWNER: Elizabeth J. Olbris et al. ADDRESS: 186 North Farms Road Northampton, MA .01060 4 RE LAND OR BUILDINGS IN NORTHAMPTON AT: 186 North Farms Road and Rustlewood Ridge MAP AND PARCEL NUMBERS: MAP 11; 12 PARCEL 16; 1 At a meeting conducted on April 24, 1997, the Northampton Planning Board voted 6:1 (Jody Blatt, opposing) to grant the request of Kevin W. Heafey for a SPECIAL PERMIT WITH SITE PLAN APPROVAL under the provisions of Section 16.7 (1)(B) in the Northampton Zoning Ordinance, to allow excavation within three feet of the annual groundwater table in a Water Supply Protection District at property located at 186 North Farms Road and Rustlewood Ridge, also known as Map #11, Parcel 916 and Map 12, Parcel 1 as shown on the following plans: 1. "Plan of Land in Northampton, Massachusetts, Prepared for Kevin W. Heafev et als," by Harold L. Eaton and Associates, Inc. dated January 14, 1997 and revised February 27, 1997, April 10, 1997 and April 15, 1997; 2. "Common Drivewav Easement & Right of Wav Plan; Plan of Land in Northampton, Massachusetts, Prepared for Kevin W. Heafev et als," by Harold L. Eaton and Associates, Inc. dated February 27, 1997 and revised April 10, 1997 and April 15, 1997; 3. "GENERAL SITE PLAN for Land on Rustlewood Ridcre & North Farms Road, Northampton, MA, for Kevin W. Heafev et als," prepared by Charles H. Dauchy, Environmental Consultant, dated February 24, 1997 and revised April 7, 1997 and April 17, 1997; 4. "SITE GRADING PLAN - LOTS 1,2,3, & 5 for Land on ORIGINAL PRINTED ON RECYCLED PAPER en Rustlewood Ridqe & North Farms Road, Northampton, MA, for Kevin W. Heafev et als." prepared by Charles H. Dauchy, Environmental Consultant, dated February 24, 1997 and revised April 10, 1997 and April 17, 1997- 5. "SITE GRADING PLAN - LOTS 4,6,7 & 9, for Land on North Farms Road, Northampton, MA, for Kevin W. Heafev et als," prepared by Charles H. Dauchy, Environmental Consultant, dated February 24, 1997 and revised April 10, 1997 and April 17, 1997. Planning Board Members present and voting were: Chair Andrew J. Crystal, Vice Chair Daniel J. Yacuzzo, Jody Blatt, Paul Diemand, Nancy Duseau, Kenneth Jodrie, Anne Romano. In Granting the Special Permit, the Planning Board found: A. The requested use protects adjoining premises against seriously detrimental uses by providing for surface water and drainage as depicted on plans and information submitted with the Special Permit application. B. The requested use promotes the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets and minimizes traffic impacts on the streets and roads in the area by minimizing curb cuts on City streets through providing access to three lots with one common driveway. C. The requested use promotes a harmonious relationship of r structures and open spaces to the natural landscape, existing buildings and other community assets in the area through limiting clearing and the number of driveways, thus maximizing the amount of land left in a natural state. D. The requested use will not overload, and will mitigate adverse impacts on, the City's resources, including the effect on the City's water supply and distribution system, sanitary and storm sewage collection and treatment systems, fire protection, streets and schools. E. The requested use meets all special regulations set forth in the Zoning Ordinance. specifically, Section 16.7 (4); see "Attachment A," for criteria. F. The requested use bears a positive relationship to the public convenience or welfare because it will provide additional housing. The use will not unduly impair the integrity of character of the district or adjoining zones because flag lots are allowed by Special Permit in Rural Residential zoning districts. .Wool The use will not be detrimental to the health, morals, or general welfare and shall be in harmony with the general purpose and intent of the Ordinance. G. The requested use will promote City planning objectives to the extent possible and will not adversely affect those objectives, as defined in City master or study plans adopted under M.G.L. Chapter 41, Section 81 -C and D. In addition, in reviewing the Site Plan, the Planning Board found that the applicant has complied with the following technical performance standards: F. 1. Curb cuts onto streets have been minimized by the use of a common drive to serve three lots. 2. Pedestrian, bicycle and vehicular traffic movemexit on site are separated to the extent possible. Conditions imposed upon.the Special Permit are as follows: 1. Because of the location of this development within a Water Supply Protection District, restrictions shall be placed on the Deeds to all of the lots (subject to the approval of the Planning Department and the City Solicitor prior to recording), stating that: A. The commercial application of pesticides, insecticides, fungicides, biocides and fertilizers is prohibited. 2. The amount of manicured lawn on each lot shall be limited to a maximum of ten percent of the lot's total area, not to exceed 20,000 square feet. NWAWW ATTACHMENT A Section 16.7 (4). In reviewing the application for a Special Permit with Site Plan Approval to allow excavation incidental to a permitted use within three (3) feet of the annual groundwater table, the Planning Board found that the proposed use: A. is in harmony with the purpose and intent of this By -Law and will promote the purposes of the Water Supply Protection District by leaving a majority of open space on each lot in a natural state. B. is appropriate to the natural topography, soils and other characteristics of the site to be developed, as reflected in grading plans submitted. C. has adequate public sewerage and water facilities, or the suitable soil for on -lot sewerage and water systems, as shown on plans and information submitted. D. will not, during construction or thereafter, have an adverse environmental impact on groundwater resources in the district, because no more than 20,000 square feet of manicured lawn will be allowed on each lot. E. will not adversely affect the existing or potential quality and quantity of water in the Water Supply Protection District, through limitation of impervious surfaces, reducing the number of driveways through the use of a common drive and limitation of the amount of manicured lawn. N%0011 -.401 Pursuant to Massachusetts General Laws (MGL), Chapter 40A, Section 11, no 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, or if such an appeal has been filed that it has been dismissed or denied, is recorded in the Hampshire County registry of Deeds or Land Court, as applicable and indexed under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. It is the owner or applicant's responsibility to pick up the certified decision from the City Clerk and record it at the Registry of Deeds. The Northampton Planning Board hereby certifies that a Special Permit with Site Plan Approval has been GRANTED and that copies of this decision and all plans referred to in it have been filed with the Planning Board and the City Clerk. Pursuant to Massachusetts General Laws, Chapter 40A, Section 15, notice is hereby given that this decision is filed with the Northampton City Clerk on the date below. If anyone wishes to appeal this action, an appeal must be filed pursuant to MGL Chapter 40A, Section 17, with the Hampshire County Superior Court and notice of said appeal filed with the City Clerk within twenty days (20) of the date of that this decision was filed with the City Clerk. Applicant: Kevin W. Heafey - 186 North Farms Road and Rustlewood Ridge DECISION DATE: April 24, 1997 DECISION FILED WITH THE CITY CLERK: May 9- 1997 6 A � '� G V i � T City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 $ FAX (413) 586 -3726 x • Conservation Commission • Historical Commission • Housing Partnership • Parking Commission • Planning Board • Zoning Board of Appeals DECISION OF NORTHAMPTON PLANNING BOARD APPLICANT: Kevin W. Heafey ADDRESS: 197 North Maple Street Florence, MA 01060 OWNER: Elizabeth J. Olbris et al. ADDRESS: 186 North Farms Road Northampton, MA 01060 RE LAND OR BUILDINGS IN NORTHAMPTON AT: 186 North Farms Road and Rustlewood Ridge MAP AND PARCEL NUMBERS: MAP 11; 12 PARCEL 16; 1 At a meeting conducted on April 24, 1997, the Northampton Planning Board voted 6:1 (Jody Blatt, opposing) to grant the request of Kevin W. Heafey for a SPECIAL PERMIT WITH SITE PLAN APPROVAL under the provisions of Section 6.13 in the Northampton Zoning Ordinance, to create five flag lots (Lots 1, 2, 3, 5 and 6) at property located at 186 North Farms Road and Rustlewood Ridge, also known as Map #11, Parcel #16 and Map 12, Parcel 1 as shown on the following plans: 1. "Plan of Land in Northampton, Massachusetts, Prepared for Kevin W. Heafev et als, by Harold L. Eaton and Associates, Inc. dated January 14, 1997 and revised February 27, 1997, April 10, 1997 and April 15, 1997; 2. "Common Drivewav Easement & Right of Way Plan; Plan of Land in Northampton, Massachusetts, Prepared for Kevin W. Heafev et als," by Harold L. Eaton and Associates, Inc. dated February 27, 1997 and revised April 10, 1997 and April 15, 1997; 3. "GENERAL SITE PLAN for Land on Rustlewood Ridqe & North Farms Road, Northampton, MA, for Kevin W. Heafev et als," prepared by Charles H. Dauchy, Environmental Consultant, dated February 24, 1997 and revised April 7, 1997 and April 17, 1997; 1 ` . 1 I� ORIGINAL PRINTED ON RECYCLED PAPER 4. "SITE GRADING PLAN - LOTS 1,2,3, & 5 for Land on Rustlewood Ridae & North Farms Road, Northampton, MA, for Kevin W. Heafev et als," prepared by Charles H. Dauchy, Environmental Consultant, dated February 24, 1997 and revised April 10, 1997 and April 17, 1997. 5. "SITE GRADING PLAN - LOTS 4,6,7 & 9, for Land on North Farms Road, Northampton, MA, for Kevin W. Heafev et als," prepared by Charles H. Dauchy, Environmental Consultant, dated February 24, 1997 and revised April 10, 1997 and April 17, 1997. Planning Board Members present and voting were: Chair Andrew J. Crystal, Vice Chair Daniel J. Yacuzzo, Jody Blatt, Paul Diemand, Nancy Duseau, Kenneth Jodrie, Anne Romano. In Granting the Special Permit, the Planning Board found: A. The requested use for flag lots protects adjoining premises against seriously detrimental uses by providing for surface water and drainage as depicted on plans and information submitted with the Special Permit application. B. The requested use promotes the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets and minimizes traffic impacts on the streets and roads in the area by providing access to three lots with one common driveway. C. The requested use promotes a harmonious relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area through limiting the amount of clearing allowed to maximize the amount of land left in a natural state. D. The requested use will not overload, and will mitigate adverse impacts on, the City's resources, including the effect on the City's water supply and distribution system, sanitary and storm sewage collection and treatment systems, fire protection, streets and schools. E. The requested use meets all special regulations set forth in the Zoning Ordinance. specifically, Section 6.13 - Flag Lot; see "Attachment A," for criteria. F. The requested use bears a positive relationship to the public convenience or welfare because it will provide additional housing. The use will not unduly impair the integrity of character of the district or adjoining zones because flag lots are allowed in the Rural Residential Zoning District. Also, a E common driveway to access three lots will reduce the amount of pavement and the number of curb cuts into city streets and will help maintain the rural character of the district. The use will not be detrimental to the health, morals, or general welfare and shall be in harmony with the general purpose and intent of the Ordinance. G. The requested use will promote City planning objectives to the extent possible and will not adversely affect those objectives, as defined in City master or study plans adopted under M.G.L. Chapter 41, Section 81 -C and D. In addition, in reviewing the Site Plan, the Planning Board found the applicant has complied with the following technical performance standards: F. 1. Curb cuts onto streets have been minimized by the use of a common drive to serve three lots. 2. Pedestrian, bicycle and vehicular traffic movement on site are separated to the extent possible. Conditions imposed upon the Special Permit for Flag Lots are as follows: 1. Any Flag Lot Special Permit granted hereunder shall be deemed validly exercised for the purpose of preventing a lapse of said Special Permit if a plan showing the flag lots receives approval by the Planning Board in accordance with M.G.L. Chapter 41, Section 81P, (Form A, Subdivision Approval Not Required) and is recorded in the Hampshire County Registry of Deeds prior to the date on which said flag lot Special Permit would lapse. Proof of recording of the plan must be submitted to the Office of Planning and Development and shall become part of the file on that Special Permit to verify that said permit has been validly exercised. Also, conveyance of any Flag Lot to a bonafide purchaser shall constitute a valid exercise of the Flag Lot Special Permit on said lot. However, conveyance of a Flag Lot and one or more abutting parcels to the same person or entity shall not constitute a valid exercise of said Flag Lot Permit and said permit shall lapse two (2) years from its date of issuance, unless construction of a dwelling has begun prior to that date. 2. The amount of manicured lawn on each lot shall be limited to a maximum of ten percent of the lot's total area, not to exceed 20,000 square feet. 3 .,.i 3. Because of the location of this development within a Water Supply Protection District, restrictions shall be placed on the Deeds to all of the lots (subject to the approval of the Planning Department and the City Solicitor prior to recording), stating that: A. The commercial application of pesticides, insecticides, fungicides, biocides and fertilizers is prohibited. 4 1 r - ATTACHMENT A .../ Section 6.13 Flan Lots.. In reviewing the application for a Special Permit with Site Plan Approval for five Flag Lots, the Planning Board found said lots have: 1. met the requirements of the Table of Dimensional and Density Regulations, Section 6.2; and 2. an access roadway with no curve having a radius of less than eighty (80) feet or, if access is from another lot, an area on the flag lot for an access roadway with no curve having a radius of less than eighty (80) feet; and 3. configurations such that the principal structure (erected or to be erected) may be located on the lot in such manner that a circle, with a minimum diameter equal to one and one -half (1 1/2) times the amount of the minimum frontage requirement required for a non -flag lot in that district, can be placed around the principal structure without any portion of said circle falling outside of the property's line; and 4. for the subdivision of any single lot or contiguous lots under common ownership, in existence at the time of adoption of this Ordinance or subsequent thereto, there may be no more than three Flag Lots having abutting, contiguous street frontage. Said contiguous Flag Lots under common ownership shall share one common curb -cut and driveway access. Appropriate easements shall be delineated on the Plot Plan and on the deeds to the lots, including a clear provision for the responsibility for the maintenance of the common driveway, common utilities (if any) and snow removal, running with the land. Said easements shall: A. become part of all of the deeds, and B. be recorded at the Hampshire County Registry of Deeds or Land Court, as applicable (proof of recording shall be submitted to the Building Commissioner prior to the issuance of any Building Permits). 5. the grade, length and location of access driveways shall be of suitable construction, in the opinion of the Planning Board, for the access and, where applicable, the turn - around for vehicles, including moving vans, ambulances, fire and police. Said driveways shall conform to all applicable provisions of the Zoning Ordinance. 6. Plans submitted to the Planning Board under this Section shall be the same as the plan submitted to the Planning Board under the Subdivision Control Law, and shall include 5 ../ the statement "Lot (s) is a Flag Lot: building is permitted only in accordance with the special Flag Lot Provisions of the Northampton Zoning Ordinance." 7. The Special Permit application shall include a plan showing the location and layout of the proposed driveway and house and all provisions for drainage and storm water run -off. N. `%W1 •.f Pursuant to Massachusetts General Laws (MGL), Chapter 40A, Section 11, no 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, or if such an appeal has been filed that it has been dismissed or denied, is recorded in the Hampshire County registry of Deeds or Land Court, as applicable and indexed under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. It is the owner or applicant's responsibility to pick up the certified decision from the City Clerk and record it at the Registry of Deeds. The Northampton Planning Board hereby certifies that a Special Permit with Site Plan Approval has been GRANTED and that copies of this decision and all plans referred to in it have been filed with the Planning Board and the City Clerk. Pursuant to Massachusetts General Laws, Chapter 40A, Section 15, notice is hereby given that this decision is filed with the Northampton City Clerk on the date below. If anyone wishes to appeal this action, an appeal must be filed pursuant to MGL Chapter 40A, Section 17, with the Hampshire County Superior Court and notice of said appeal filed with the City Clerk within twenty days (20) of the date of that this decision was filed with the City Clerk. Applicant: Kevin W. Heafey - 186 North Farms Road and Rustlewood Ridge DECISION DATE: April 24, 1997 DECISION FILED WITH THE CITY CLERK: May 9 , 1997 i A. 9 I LI /r '-,e City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 FAX (413) 586 -3726 • Conservation Commission • Historical Commission • Housing Partnership • Parking Commission • Planning Board • Zoning Board of Appeals Northampton Planning Board Minutes of Meeting March 13, 1997 The Northampton Planning Board held a meeting on Thursday, March 13, 1997 at 7:00 p.m. in the Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, Massachusetts. Present were Members: Chair Andrew Crystal, Vice Chair Daniel J. Yacuzzo, Nancy Duseau, Kenneth Jodrie, Mark NeJame, Anne Romano and Associate Members Paul Diemand and Rick Marquis. Staff: Principal Planner Wayne Feiden, Senior Planner Paulette Kuzdeba and Board Secretary Laura Krutzler. At 7:47, Crystal opened the Public Hearing on a request from Kevin W. Heafey for three Special Permits with Site Plan Approval to i) construct two common driveways, ii) create six flag lots, and iii) excavate within three feet of the annual groundwater table in a Water Supply Protection District under Sections 6.12, 6.13, 16.7 (1) (B), 10.10 and 10.11 of the Zoning Ordinance, for property located at 186 North Farms Road and Rustlewood Ridge, and known as Northampton Assessor's Map 11 Parcel 16 and Map 12, Parcel 1. Crystal read the legal notice advertising the hearing. Donald Miner of Harold Eaton & Associates presented the application, accompanied by Kevin Heafey and Environmental Consultant Charles H. Dauchy. The subject property consists of forty -five acres owned by Betty Olbris of North Farms Road. Olbris' grandmother purchased the land in 1914, but a portion of the land was conveyed to the Veterans Hospital in 1922 and is now owned by Smith Vocational School. Heafey has agreed to purchase the property contingent upon obtaining Special Permits to develop the land as building lots, Miner said. Miner described the physical features of the property: The land is ninety -five percent wooded and has been timbered, and many logging roads and trails cross the property. Surveyors have found two 1 ORIGINAL PRINTED ON RECYCLED PAPER 1r- .,r/ veins of soil which passed perc tests and did not have groundwater, but there is groundwater in many other locations. There is a 3.3- acre area of wetlands in the northeast corner of the property, representing seven percent of the site. These wetlands restrict access to the property from the northerly edge, so frontage on Rustlewood Ridge is key to successful development of the site. Eaton & Associates has surveyed the property, and engineers performed perc tests last Spring. The applicant also hired Dauchy to identify existing wetlands, Miner said. Engineers analyzed the possibility of developing the property as a subdivision, Miner said. However, one obstacle was the twenty -five percent change in grade f rom North Farms Road to the top of the property, since subdivision regulations only allow a seven percent change in grade. Engineers devoted substantial time to choosing house sites and the location of the common driveways, Miner commented. The application includes two plans, one showing individual lots and another showing the driveway easements and easements for drainage and sewer pipes, Miner said. The applicant seeks three Special Permits to: i) create five flag lots, ii) construct common driveways, and iii) potentially alter soil within three feet of groundwater in a Water Supply Protection District. The applicant proposes three flag lots off Rustlewood Ridge and two off North Farms Road. Miner reviewed the approval criteria for the flag lots: - - -- The property is located in a Rural Residential (RR) zoning district, where flag lots are permitted. - - -- Each flag lot has a minimum of fifty feet of frontage. - - -- Each lot is in excess of 80,000 square feet. - - -- Each lot can contain a circle with a diameter equal to one and a half times the normal frontage required in the district. - - -- Access driveways have no curve with a radius of less than eighty feet. Miner also described the two proposed common drives: Common Drive A serves the westerly portion of the property, and Common Drive B serves the eastern portion. Drive A will be i) constructed of bituminous concrete, and ii) approximately one thousand feet long and fifteen feet wide. The driveway will have an area twenty feet wide at its outlet and will widen to twenty feet every two hundred 2 `. .w/ feet to allow room for two vehicles to pass. Drive A will have grades of 2 and 1/2 percent, 9.2 percent and .5 percent in various sections, and the road will be graded to pitch to the west to allow drainage to flow in the same direction it presently does. Developers will clear a forty -foot section of trees to construct the road and install underground electric, telephone and cable wires. Along with underground utilities, two sewer pipes to service Lots 2 and 3 will also run along the path of the common driveway, Miner explained. The pipes will extend from the septic tanks to leach fields in the area where the soil successfully passed perc tests. Installing the pipes along the drive will avoid clearing an additional path through the woods. Corm ion Drive B. Common Drive B will be located off North Farms Road and will serve two flag lots and a lot which meets dimensional requirements, Miner said. Drive B will be fifteen feet wide, with turnouts every three hundred feet. The drive will leave North Farms Road at a four percent grade, then traverse the slope at a twelve percent grade before levelling out and curving to a hammerhead at the end. Engineers designed the drive with seven points of transition from one grade to another along the uphill slope to control water run- off. A five hundred foot, stone -lined drainage swale will accept water run -off from the road, and two cross - culverts will direct water under the road toward existing wetlands. The swale will discharge to a sixteen -foot wide grass channel which leads to the wetland. Developers presented the proposed work to the Conservation Commission Monday night and will return before the Commission in two weeks, Miner noted. The project will require highway entrance permits from the Department of Public Works (DPW) in two locations, Miner added. Developers are waiting for a formal response from the Fire Department to issues of fire safety raised by the neighbors, Miner said. Neighbors are concerned about the threat of brush fire since the development is located in a wooded area. However, the proposed common drives would actually improve access to the area, Miner maintained. Water Supply Protection District. With regard to the third Special Permit, the purpose of the Water Supply Protection District is to protect the quality of drinking water by regulating development in primary recharge areas. Single - family homes are permitted in the overlay district with Planning Board approval since they do not normally generate hazardous waste 3 or petroleum products, Miner said. Miner reviewed the approval criteria for projects in the Water Supply district: - - -- The project is residential and therefore has minimal potential for generating hazardous waste. - - -- Plans for handling drainage call for retaining water on- site as much as possible, keeping water in hard - packed soil and maintaining the flow of water to existing wetlands. Minimal use and cutting is proposed in order to allow infiltration to continue. - - -- The applicant will control soil erosion by minimizing cutting, and loaming and seeding areas disturbed by construction. - - -- Developers will compact soil on the common drive and driveway only to prepare the subbase for a layer of bituminous concrete. No other areas will be compacted. - - -- Workers will install sewer pipes during construction of the common drive. Pipes will have cleanouts every 150 feet. Because the project is minor in nature (eight single - family homes) , the quality of water will not be adversely affected, Miner concluded. Kuzdeba asked how steep the grassy drainage swale is? The slope of the drainage swale is just over one percent, Dauchy responded. The swale will be densely vegetated and will have little flow except in extremely wet periods. Dauchy said he did not expect erosion problems. The area presently has seasonally high water tables and lots of run -off, and these conditions will continue, Dauchy said. Now, water run -off from dense - tilled soils reaches the wetland area. By providing the stone swale, developers will allow drainage to continue to flow toward the wetland as it presently does. The swale will also provide erosion control in extreme storms. Dauchy reported the results of the Public Hearing before the Conservation Commission. Commission Chair Mason Maronn expressed concern about the stability of some of the cut slopes. Maronn suggested using mulch mats for additional stabilization, and Dauchy has notified the contractor of this potential requirement. Otherwise, there were no unresolved issues, but the hearing was continued because the Department of Environmental Protection (DEP) had not yet issued a file number. Site Inspector Mark NeJame asked Dauchy to describe the wetlands? 4 ,*...• --.00� In the area of wetlands, the ground is sloping with hard panned, "Paxton series" soil, Dauchy said. In some places, the water table is high, within three feet to eighteen inches of the surface. Therefore, wetlands are located wherever there is a swale or flattening in the slope. In sloping areas, the water table drops below the surface, and in sandy soils, there is no water table. There is standing water in a few hollows, and some areas of seepage are visible in the Spring. The applicant will seek permission for another small wetland crossing once he receives the results of additional perc tests, Dauchy noted. This work was not included in the application currently before the Conservation Commission. Miner reviewed the requested waivers: - - -- waiver of the requirement that plans be at a scale of 1 = 40 Plans are drawn to the scale of ill = 100' to fit on a single sheet. - - -- waiver of the requirement to show building elevations, since house designs have not yet been finalized. - - -- waiver of the requirement to show sewage disposal facilities. Septic designs are not yet complete since they are contingent on house designs, Miner said. Plans do show areas set aside for septic systems. - - -- waiver of the requirement to show landscaping. The developer does not know how individual homeowners will choose to landscape the lots, Miner said. Plans do show grading around driveways and house locations. Miner showed the areas on the plan where soil had passed perc tests. Each house will have a separate well, septic tank and leach field located on its own lot, he stated. Clearing. The applicant expects to clear trees from an area from thirty to forty feet beyond the footprint of the house, depending on the contractor's needs, Miner said. Kuzdeba asked if deeds to the lots would contain restrictions on clearing? There will be restrictions relating to the common driveway and a maintenance agreement for the drive, Miner said. However, clearing will depend on the preference of individual lot owners, he said. The only lot where clearing is specifically mentioned is Lot #4, Dauchy said, because tree cutting is proposed within the buffer k zone of a wetland. On Lot 4, the applicant has requested permission to do selective thinning for view but to leave the groundcover intact. Crystal asked Dauchy if clear- cutting would be a concern as far as groundwater protection and erosion control? Dauchy said that he assumed most lot owners would want to clear for a lawn area but maintain other trees for privacy. Since owners will probably choose to clear the most level area, this area would not be as subject to erosion. The applicant and his consultants selected house sites based on view sheds, Dauchy pointed out. Therefore, any clearing will likely be substantially restricted. Dauchy also explained that soils on the property are subject to high run -off and low infiltration. The difference in run -off between wooded areas and lawns with this type of soil is very small compared to the impact of cover conditions on sandy soil. Dauchy said he did not think the development will have a significant impact on groundwater recharge because relatively little recharge occurs on these types of surfaces. Also, there will be little increase in erosion because people tend to revegetate cleared areas. Under further questioning, Dauchy acknowledged that there would be a change in run -off if the whole hillside were turned into a pasture. However, this is not likely to occur, and the applicant is developing restrictions to control clearing, Dauchy said. Also, the property has already been timbered, Dauchy reminded. The remaining vegetation is mostly pine and hemlock. Diemand asked if the Conservation Commission would impose restrictions on clearing? Kuzdeba said not outside of the buffer zone. The Planning Board could choose to include conditions with regard to clearing, she said. Crystal told the applicant the Board would like to review any proposed deed covenants. Heafey stated that his intent is for the owners of individual lots to maintain privacy. He would like to allow clearing for yard space and thinning for views but would be "greatly opposed" to widespread clearing, Heafey stated. The attraction of the property is the privacy, neighborhood character, and potential for views, Heafey commented. Crystal asked if anyone wished to speak in support of the application? Roy Giangregorio of 31 Rustlewood Ridge stated that he was impressed with the integrity of the subdivision and how it is in keeping with what presently exists. 0 1../ Crystal asked if anyone wished to speak in opposition? Alexander Woronzoff of Rustlewood Ridge stated that he was the first homeowner to buy land and build a house and was attracted by the wooded nature of the area. His deed contains a covenant concerning clear- cutting, Woronzoff said, but he has seen other lots in the neighborhood clear cut, including the one next to his. The person responsible for the clearing was Roy, who will also be responsible for development of Heafey's lots. Woronzoff stated that his main concerns are the possibility of a dangerous forest fire and low water pressure. He would like the fire department's procedure for fighting fires in the area explained, since it is not clear, Woronzoff added. William Cole of Country Way asked how many lots are proposed off of Rustlewood Ridge and how many total flag lots are proposed? A common drive off of Rustlewood Ridge will serve three houses, and there are five flag lots proposed, Miner answered. Cole also asked about the proximity of proposed septic systems to a nearby stream which drains to Fitzgerald Lake? The proposed systems are in excess of two hundred feet east of the stream, Miner said. The systems are under Board of Health jurisdiction, he pointed out. Cole also asked what would happen if the pipes break and sewage enters the soil and leaches toward the stream? Sewer pipes are buried well below the surface and sewage doesn't freeze, so pipe breakage is unlikely, Dauchy said. However, city codes require pipes to be located at least seventy -five feet from a wetland or watercourse in case of breakage, and the actual location of the pipes will be over two hundred feet from the stream. This distance provides a buffer to allow natural processes to take care of any problem. Also, the septic tanks are designed to trap floatables which could block the pipes, and the pipes are equipped with cleanouts to allow access for clearing. There are other septic systems with equally long pipes, Miner added. The Board of Health will review plans for the septic systems in detail, Crystal commented. Coles also stated that the fire department will not have enough people and pumping capacity to put out a fire at the site. Crystal said the Board would share the neighbors' concerns with the Fire Department. Monica Jakuc of 106 Morningside Drive repeated concerns about water 7 pressure and fire protection. Jakuc also identified herself as President of the Broad Brook Coalition (BBC) and identified the stream to the west of the property as the Broad Brook, which goes to Fitzgerald Lake and eventually the Mill River. Any development poses the possibility of more non -point pollution such as lawn chemicals, Jakuc said. Another concern of the Coalition is the wildlife corridor across North Farms Road from the conservation area, which would disappear if the area is developed. BBC members ideally would like to see cluster housing and more open space, Jakuc said. Also, Jakuc asked whether one lot on North Farms Road could become an affordable housing lot? Miner confirmed that wildlife, including cats and bears, do frequent the property. Paulette McCauley of the Western Massachusetts Girl Scout Council asked if the house locations were set? Yes, Miner said, although the footprint and shape may vary. Mordicai Gerstein of 186 Crescent Street asked what type of deed restrictions regarding clearing the.developer is considering? The restrictions are not yet drafted, Crystal said. Heafey repeated that his goal is to maintain privacy but open opportunities for views by thinning trees in places. The areas shown as cleared on the plan are his view of the site, Heafey said. The three lots off Rustlewood Ridge average ten acres per lot, and Heafey expects ten to fifteen percent of each lot to be cleared, he said. The Board would like to review proposed restrictions on clearing, Crystal noted. Frank Olbris of 284 North Farms Road expressed the following concerns: - - -- the development will destroy wildlife habitat. - - -- a paved drive will accelerate downhill water run -off. This additional run -off will place hydrostatic pressure on the western boundary of North Farms Road. Olbris opined that this pressure would produce heaves and deteriorate the roadway. - - -- Cutting into the hillside will create a high probability of soil movement. Olbris criticized the "design contortions" used to overcome limitations of the site. He stated that the proposed disbursal was "not appropriate for this kind of terrain" and suggested clustering r... as an alternative. The Planning Board should "look critically at the method of dealing with limitations," Olbris concluded. The DPW has no concerns, Crystal noted. Site Inspector Mark Neiame expressed concern about the grade of the Common Drive off North Farms Road. He also asked whether the driveways were longer than those used to access typical flag lots? Some terrain in the area of Rustlewood Ridge was "severe" and steep, he observed. Performance criteria for shared driveways don't address length, Crystal noted. Members and Kuzdeba summarized the additional information desired by the Board: i) proposed restrictions on clearing, ii) proposed easements, iii) proposed deed covenants, iv) maintenance agreement for the common driveways, v) a response from the Fire Department with regard to firefighting capability, access, and whether the water pressure in the fire hydrants is sufficient and vi) a decision from the Conservation Commission. Restricting clearing would address concerns about the destruction of wildlife habitat, Crystal noted. In the past, the Planning Board has imposed restrictions on the commercial application of pesticides, fungicides and herbicides within the Water Supply district by requiring deed covenants restricting the use of these chemicals, members informed the applicant. The Board also has previously limited the amount of manicured lawn to 10,000 square feet, Kuzdeba said. However, Dauchy argued against a prohibition on the use of lawn chemicals. Soils at the site do not infiltrate rapidly to groundwater, and there is an extensive wooded upland buffer from the nearest watercourse. Also, a ten thousand square foot lawn limit would not be appropriate to this particular site, Dauchy commented. Kuzdeba said she was not suggesting the Board impose the 10,000 square foot limit to this development. The concern over a larger lawn is the use of fertilizers, etc., she noted. Crystal asked the applicant to present what he feels are reasonable restrictions for the area. Any wildlife going from the Fitzgerald Lake area to the Smith School area are already crossing open meadow and a public road, Dauchy said. Any species currently crossing the road should still be able to do so after the development. Romano moved to continue the Public Hearing to March 27, 1997 at 9 7:45 p.m. Duseau seconded the motion. unanimously 7:0. The motion passed 10 ../ City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 FAX (413) 586 -3726 • Conservation Commission • Historical Commission • Housing Partnership • Parking Commission • Planning Board • Zoning Board of Appeals Northampton Planning Board Minutes of Meeting March 27, 1997 The Northampton Planning Board held a meeting on Thursday, March 27, 1997 at 7:00 p.m. in the Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, Massachusetts. Present were Members: Chair Andrew J. Crystal, Vice Chair Daniel Yacuzzo, Kenneth Jodrie and Anne Romano. Staff: Senior Planner Paulette Kuzdeba and Board Secretary Laura Krutzler. At 7:07 p.m., Crystal opened the meeting. At 7:46 p.m., Crystal opened the Continuation of a Public Hearing on a request from Kevin W. Heafey for three Special Permits with Site Plan Approval to i) construct two common driveways, ii) create six flag lots, and iii) excavate within three feet of the annual groundwater table in a Water Supply Protection District under Sections 6.2, 6.13, 16.7 (1) (B) , 10.10 and 10.11 of the Zoning Ordinance, for property located at 186 North Farms Road and Rustlewood Ridge, and known as Northampton Assessor's Map 11, Parcel 16 and Map 12, Parcel 1. Donald Miner of Harold Eaton & Associates, Inc. represented Kevin Heafey. The applicant has appeared before the Conservation Commission, but the Commission has not yet received a file number from DEP. The applicant needs to amend the boundaries of some of the lots to accommodate the final designs of leach fields, Miner said. Since the applicant is not yet prepared to present the revised plans, he requested a continuance to the Board's next meeting. Jodrie moved to continue the Public Hearing to April 10, 1997 at 7:45 p.m. in Council Chambers. Romano seconded the motion. The motion passed unanimously 4:0. 1 ORIGINAL PRINTED ON RECYCLED PAPER City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 FAX (413) 586 -3726 • Conservation Commission • Historical Commission • Housing Partnership • Parking Commission • Planning Board • Zoning Board of Appeals Northampton Planning Board Minutes of Meeting April 10, 1997 ../ The Northampton Planning Board held a meeting on Thursday, April 10, 1997 at 7:00 p.m. in the Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, Massachusetts. Present were Members: Chair Andrew J. Crystal, Vice Chair Daniel J. Yacuzzo, Jody Blatt, Paul Diemand, Kenneth Jodrie, Anne Romano, and Associate Member Sanford Weil, Jr. Staff: Senior Planner Paulette Kuzdeba and Board Secretary Laura Krutzler. City Councillors: Patrick Goggins, George Quinn, Brian Harrington, Maria Tymoczko, Linda Desmond and Mary Clare Higgins. At 7:03 p.m., Crystal opened the meeting. At 8:30 p.m., Crystal opened the Continuation of a Public Hearing on a request from Kevin W. Heafey for three Special Permits with Site Plan Approval to i) construct two common driveways, ii) create six flag lots, and iii) excavate within three feet of the annual groundwater table in a Water Supply Protection District under Sections 6.12, 6.13, 16.7 (1) (B) , 10.10 and 10.11 of the Zoning Ordinance, for property located at 186 North Farms Road and Rustlewood Ridge, and known as Northampton Assessor's Map 11, Parcel 16 and Map 12, Parcel 1. Crystal read the legal notice advertising the public hearing. The hearing was continued because the Conservation Commission had not yet acted on a Notice of Intent related to the parcel, Kuzdeba said. Also, the applicant requested a continuance to allow the submittal of revised plans showing the relocation of some lot lines. The only reason the Commission did not close their hearing was that they had not yet received a file number and comments from the Department of Environmental Protection (DEP) , Kuzdeba said. The 1 ORIGINAL PRINTED ON RECYCLED PAPER I%.. ..00� The Commission still has not acted because they won't meet until Monday, but DEP comments are now available. These comments relate to run -off and drainage, she noted. Don Miner of Harold Eaton & Associates distributed copies of the final revised plans and a letter dated April 10, 1997 outlining the changes. The revisions eliminate the need for wetland permits, so the applicant will be withdrawing all applications before the Conservation Commission, Miner said. At Crystal's request, Miner said he would submit additional plans for distribution to the Fire Department, Police Department and Department of Public Works (DPW) . Crystal indicated that the Board would be reluctant to act upon plans submitted this evening, since they had not had adequate time to review them. Miner said a continuance would be acceptable to the applicant. Miner said he would be willing to review information already presented at the previous Public Hearing for new Associate Board Member Sanford Weil, Jr., so that Weil would be eligible to vote on the Special Permit. The Board agreed, and Crystal explained the procedure he would use in conducting the hearing. Miner gave an overview of the project as follows: The applicant holds an option to purchase fifty acres of land on the west side of North Farms Road. The property has been owned by the Olbris family since 1914, although a portion was transferred to the federal government and is now owned by Smith Agricultural School. The property is 98% wooded, and the land has been timbered over the last two years, resulting in the removal of most of the hardwood. As an added blow, a snow storm last Tuesday destroyed between twenty -five and thirty -five percent of the remaining pine and hemlock trees. The site has been surveyed and perc tests were performed last Spring. Two veins of soil on site yielded acceptable perc tests. Additional tests were conducted along North Farms Road in the past three weeks. There are major wetlands on site, Miner commented. Developers originally analyzed the property for development as a subdivision, Miner said. However, consultants determined that this was not possible and instead chose to create flag lots with access from Rustlewood Ridge and North Farms Road. The applicant and his consultants carefully chose the home sites over a period of nearly a year for views and to create a neighborhood atmosphere. The project requires Special Permits to i) create flag lots, ii) construct a common driveway and iii) allow the proposed work in a Water Supply Protection District. Miner reviewed the changes to the plans as outlined in the letter. Specifically, the applicant: 2 N %W - - - -- eliminated Common Drive B. - - -- changed interior lot lines for Lots #2 and 3 to accommodate larger leach fields. - - -- changed the access for Lots 4, 5 and 6 to be via driveways from North Farms Road. - - -- added a driveway on Rustlewood Ridge. The common drive was eliminated because it became too expensive. The lots were reconfigured to accommodate larger leach fields since potential buyers expressed interest in larger homes than originally anticipated. Common Drive A was not changed, Miner said. The development of Lots 4 & 5 will require future filings with the Conservation Commission, Miner said. However, these lots are not flag lots but are frontage lots. With respect to the permit for work in a Water Supply Protection District, the criteria for approval did not change as a result of the revisions, Miner noted. The development will still be residential, with the same number of houses and lots. There is no potential for contamination of soils from petroleum products or hazardous materials. Also, drainage plans call for keeping driveway run -off on site, and the applicant will control soil erosion by immediately loaming and seeding disturbed areas. The only proposed soil compaction will be on driveways for the purpose of stabilizing the roadway. At this point, the applicant's attorney requested a brief recess, and the applicant and his consultants met briefly outside the hearing room before resuming the presentation. Upon return, Miner said he had been asked to emphasize that the proposed changes were the result of a major redesign of sewage disposal systems to accommodate larger proposed houses. There will still be extensive sewer pipes running through the common drives, as originally proposed, Miner said. On Lots 2 and 3, sewer pipes with water -tight joints and cleanouts will extend from the house sites to proposed leach fields in other areas of the lots. Miner pointed out the locations of the leach fields on each lot. Each leach field will be located within the boundary of the lot it serves. The septic systems are not shared. Board of Health staff have said they would like the plans reviewed by the state, Miner said. The applicant will revise the plan to show perc tests done three weeks ago, he added. Fire Safety Issues. Miner addressed concerns raised at the last public hearing and by 3 Acting Fire Chief Edward Passa regarding the adequacy of the driveways to accommodate fire trucks. The Florence fire station has a pumper truck and a tanker truck with a capacity of nineteen tons. Miner said that he went to a local concrete company and found out that the average full concrete truck weighs almost twice as much as a tanker truck. The driveway must be able to support the weight of this concrete truck in order to pour the foundation, Miner pointed out. Also, the recommended design for the anticipated amount of traffic on the drive (between 21 and 75 vehicle trips per day) calls for 2.3 inches of blacktop, which is the thickness proposed, Miner continued. Therefore, the common drives are adequate to carry the weight of vehicles from the local Fire Department, Miner concluded. Common Drive. Miner presented plans for access for Lot #1. This lot has eighteen feet of frontage on Rustlewood Ridge and a curb cut permit to access the lot over this frontage. However, Board members and Kuzdeba pointed out that, according to plans, this lot is actually served by the common drive. Since zoning only allows a common drive to access three lots, the developer has exceeded the maximum number of lots the drive can serve. The applicant's legal counsel, Roger Walazek, Esq., argued that Lot #1 access is not technically over the common drive but is over its own frontage via a curb cut issued by the state. The fact that the proposed driveway connects to the common driveway is immaterial, he opined, since a second curb cut is available. Following the common drive would prevent cutting more trees, Miner added. Heafey said the decision to use the common drive to access Lot 1 was based on direction from City boards to minimize wetland impacts and clear - cutting. Using the common drive would avoid an additional path through the woods and minimize wetland disturbance, he commented. Kuzdeba said she would not feel comfortable advising the Board without discussing the applicant's interpretation with the City Solicitor. Crystal said the Board would seek a legal opinion. The Planning Board does not have the ability to grant a Special Permit for a common drive which serves more than three lots, he noted. Crystal asked if anyone wished to speak in favor or in opposition to the application? Kenneth Fearn of 110 Morningside Drive expressed concern that the development does not have sufficient fireflow. Fireflow was also an issue during the approval process for Rustlewood Ridge, he commented. Although that subdivision was approved, it does not meet standards for fire flow, and this development is even larger. 4 1./ concerns, make sure the Chief is confident there is sufficient access and room to set up special equipment, and solicit any additional recommendations for improving fire protection. Blatt and Romano voiced concern about the large number of issues raised in Passa's letter. However, Kuzdeba said she believed Passa's intent was simply to explain the department's firefighting procedures. Crystal asked Kuzdeba to also clarify whether Passa intended to send a subtle message that the department would be unable to adequately fight fires at the site. Miner stated that the Captain on duty at the Florence Station and the Fire Chief both told him that the common driveway would assist them in the event of a forest fire. The same fire fighting procedure as outlined in the letter is used for homes on Florence Road, Miner added. Heafey said that he has requested the company building the road to overbuild the common drive to accommodate the City's needs. There will be turnarounds every three hundred feet and a hammerhead at the end of the common drive, he noted. Also, Heafey corrected an earlier statement that the houses will have seven to eight bedrooms. Crystal asked Miner to submit in writing the figures stated during his presentation showing that the road is adequate to support the weight of the fire trucks. He also asked Miner i) to submit full sets of plans including the revised sheets and ii) make the plans easier to read by distinguishing easement lines from property lines and clearly indicating the location of leach fields. Members summarized the additional information desired: i) additional comments from the Fire Chief, and ii) a legal opinion on whether Lot #1 can be accessed by the common drive. Dauchy clarified that the two lots under Conservation Commission jurisdiction are Approval Not Required (ANR) lots, so Commission approval is not necessary before Planning Board action on the Special Permits. Members discussed when the hearing should be continued. Heafey indicated that, depending on the City Solicitor's ruling, he may revise the plans to add a separate driveway for Lot 1 or even reinstate the second common drive. Therefore, Miner requested that the Board defer action on the applicant's request to formally withdraw his application for a Special Permit for Common Drive B. In response to a request from Kenneth Fearn, Crystal said the Board would invite Fire Chief Passa to attend the next meeting. Crystal advised the applicant to submit revised plans a week before the next scheduled public hearing. Kuzdeba said it would take more than two weeks to get a response from the City Solicitor. However, R Heafey said he woulc refer to continue the hear to the Board's next meeting in two seeks, since he had the optio of adding a new driveway to serve Lot #l, thus eliminating the need for a ruling from the Board's legal counsel. Kuzdeba noted that the Board needed the applicant's permission to continue the hearing since they were almost at the end of the statutory time frame for action on the applications. Kuzdeba said she would wait until Monday to request an opinion from Janet Sheppard to allow the applicant time to consider his options. Yacuzzo moved to continue the Public Hearing to April 24, 1997 at 9:15 p..m. in the Council Chambers. Blatt seconded the motion. The motion passed unanimously 7:0. 7 SWAP-' .Wel City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 FAX (413) 586 -3726 • Conservation Commission • Historical Commission • Housing Partnership • Parking Commission • Planning Board • Zoning Board of Appeals Northampton Planning Board Heafey - Special Permits with Site Plan Approval Minutes of Meeting April 24, 1997 The Northampton Planning Board held a meeting on Thursday, April 24, 1997 at 7:00 p.m. in the Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, Massachusetts. Present were Members: Chair Andrew J. Crystal, Vice Chair Daniel J. Yacuzzo, Jody Blatt, Paul Diemand, Nancy Duseau, Kenneth Jodrie, Anne Romano and Associate Member Sanford Weil, Jr. Staff: Senior Planner Paulette Kuzdeba and Board Secretary Laura Krutzler. At 7:04 p.m., Crystal opened the meeting. At 10:33 p.m., Crystal opened the Continuation of a Public Hearing on a request from Kevin W. Heafey for three Special Permits with Site Plan Approval to i) construct two common driveways, ii) create six flag lots, and iii) excavate within three feet of the annual groundwater table in a Water Supply Protection District under Sections 6.12, 6.13, 16.7 (1) (B) , 10.10 and 10.11 of the Zoning Ordinance, for property located at 186 North Farms Road and Rustlewood Ridge, and known as Northampton Assessor's Map 11 Parcel 16 and Map 12, Parcel 1. Crystal read the legal notice advertising the hearing. Donald Miner of Harold Eaton & Associates reviewed the most recent plan changes. The development still consists of a total of nine lots, as originally proposed, including one lot with an existing house. However, the applicant has eliminated one of the common drives and changed the location of some of the houses. Specifically, the proposed house location on Lot 6 has been moved, and the lot will now be served by a private drive from North Farms Road, Lot 5 will now be served by Common Drive A, and Lot 1 will be served by a private drive, Miner explained. 1 ORIGINAL PRINTED ON RECYCLED PAPER OMi Fire Safety Issues. Kuzdeba reviewed the verbal response of Fire Chief Edward Passa to further inquiry regarding the adequacy of firefighting procedures to handle a potential forest fire at the site. Passa said he would have the same response as contained in his original letter, Kuzdeba related. Passa explained that the danger of damage from fire does increase as people move farther from the center of the City. However, the proposed site is no more problematic for fire fighters than Kennedy Road in Leeds, where houses are built every day. Also, Passa stated that his letter contained no subtle message but simply clarified the issues involved. When asked whether he could suggest further measures to improve fire protection, Passa said it was important to insure that the width and carrying capacity of the road are adequate to support fire trucks and to allow vehicles to pass each other. Kuzdeba noted that these issues were addressed by the applicant at the last hearing. Passa also suggested that an area of from one hundred and fifty to two hundred feet around the house be cleared of undergrowth to improve fire protection. Passa declined the invitation to attend in person. Passa further explained that fire - fighting procedures used at the site would be similar to those used in the Hilltowns, involving setting up one to three portable pools. These pools are ten by twelve feet and three feet in height, requiring a hard, level surface of sufficient size to accommodate them. Miner confirmed that the minimum driveway width is twelve feet and all turnouts are in excess of twelve feet, so there would be sufficient space to set up the pools. In further written comments, the Department of Public Works (DPW) noted that the developer's contractor must contact the DPW to discuss curb removal on Rustlewood Ridge for the proposed driveways, Crystal said. Crystal asked whether anyone wished to speak in support or in opposition to the application? No one spoke. Kuzdeba noted that Lot 1, which is served by a single driveway from Rustlewood Ridge, needs an additional permit to access the lot from a side lot line, since the driveway does not cross the lot's frontage. Miner said he applied for such a permit as part of the original application. The applicant has now addressed the issues raised by the Board, neighbors and other members of the public, Crystal commented. Miner clarified which lots require access other than over their legal frontage: Lot 1, Lot 2, Lot 3 and Lot 5. 2 I Kenneth Fearn of 110 Morningside Drive asked the reason for the by- law which limits the number of houses served by a common drive to three? When common drives were first allowed, the Planning Board received a number of applications requesting eight or nine lots to be accessed by a common drive, Kuzdeba said. Since such developments were seen as getting around subdivision regulations, the Board acted to limit the number of lots a common drive could serve. The applicant's revised plan now conforms to zoning requirements, Crystal pointed out. Blatt commented that the Board has not issued separate special permits in the past to allow access over side lot lines. By definition, common driveways come over a side lot line, she noted. Paula Fearn of 110 Morningside Drive asked whether some lots had access both from Rustlewood Ridge and North Farms Road? Some lots have frontage on both roads, but driveways are only located on one road or the other, Crystal said. Duseau moved to close the Public Hearing. Blatt seconded the motion. The most recent plan was revised April 15, 1997, Kuzdeba clarified. The Board reviewed the unresolved issues related to the permits: - - -- The applicant must still apply for driveway permits and consult the DPW regarding the removal of granite curbing. - - -- The Board must determine the amount of clearing to allow. - - -- Members must discuss restrictions on the application of fertilizers and other chemicals. Although staff review of the proposed easements and restrictions is not complete, members can authorize Kuzdeba to insure these meet all the Board's requirements, Kuzdeba suggested. Clearing. Members discussed extensively what restrictions to impose regarding clearing. The Fire Chief made the recommendation that a cleared area of one hundred and fifty to two hundred feet be maintained around the homes. However, for other subdivisions, the Board has limited applicants to 10,000 square feet of manicured lawn. Member opinions ranged from letting the developer decide ( Duseau) to restricting the applicant to 10,000 square feet of lawn per house, as done in the past. (Blatt and Jodrie) 3 r..i 140W Roger Walaszek, Esq. reviewed the deed restrictions proposed by the applicant. Regarding clearing, Section 18 limits tree cutting, shrub and vegetation removal to twenty percent of the total area for the larger lots (Lots 1, 2, 3 and 5). Similarly, Section 19 restricts the amount of manicured lawn for Lots 1, 2, 3 and 5 to ten percent and restricts the use of pesticides. Deeds for the smaller lots in the development will contain similar restrictions. Crystal pointed out that this would equal two acres of cleared area for Lot 1, "a huge area." Members reviewed past action on similar developments. For a cluster development off Ryan Road, the Board allowed up to 10,000 square feet of manicured lawn on relatively small lots (15,000 to 18,000 square feet). For Borawski flag lots, members also restricted developers to 10,000 square -foot lawns, Blatt noted. These lots ranged in size from seven to eleven acres. Romano stated that she felt the Board should have time to review the proposed easements and deed restrictions. However, the Zoning Ordinance technically only requires the Board to review maintenance agreements for common driveways prior to granting a Special Permit, Kuzdeba said. The Board typically submits the documents to staff for review and includes a condition requiring that the applicant make appropriate easements part of deeds to be recorded at the Registry, she elaborated. Yacuzzo and Jodrie both asked for clarification as to how the size of lawns affects the water supply? Kuzdeba said that, even though the use of lawn chemicals will be restricted, such restrictions are difficult to enforce. Run -off from lawns enters the water supply, since soils in the area are not very absorbent. Members continued to discuss whether to limit the amount of manicured lawn, despite the fact that homeowners will be prohibited from applying chemicals. The applicant's suggested limits on lawn area were based on the amount of open space shown on plans submitted to the Board, Miner stated. After further discussion, Crystal clarified that the Board does not have an issue with the proposed amount of cleared area but only with the amount of manicured lawn. Heafey pointed out that 10,000 square feet of lawn would only amount to a twenty -five foot strip of grass around each house, an unreasonable limit for the large houses and lots proposed. He suggested that, instead of limiting the amount of lawn, members include a condition restricting the use of chemicals. Heafey also commented that he wanted an area large enough to play with his kids and that a condition limiting the lawns to 10,000 square feet would have a negative impact on his ability to market the lots. Yacuzzo and Duseau agreed that 10,000 square foot was unduly restrictive. However, Blatt suggested that this was a necessary tradeoff for building in a Water Supply Protection district. The Planning Board has a real obligation to protect the city's water supply, Blatt commented. She also remarked that allowing more lawn than previously allowed to other developers could open the Board to legal challenge, but Crystal disagreed. If the Board allowed a fifty -foot strip of lawn around each house, this would amount to a total of 22,000 square feet of grass, Crystal said. He stated that he could not support allowing as much as an acre of manicured lawn. After further discussion of alternatives, Crystal suggested limiting the amount of lawn to ten percent of the lot's total area, not to exceed 20,000 square feet. Romano, Yacuzzo and Jodrie voiced support for this compromise. Members also agreed to the following additional conditions: - - -- The Special Permit for the common drive shall be considered exercised once the driveway is constructed. - - -- The flag lot permits shall be deemed exercised when either i) the ANR plan is recorded at the Registry, or ii) the lots are conveyed to separate owners. These conditions are intended to prevent the lapse of the permits, Crystal told the applicant. Crystal brought the motion to close the public hearing to a vote. The motion passed unanimously 7:0. Duseau moved to approve Special Permits for one common driveway, five flag lots and excavation within three feet of the annual groundwater table in a Water Supply Protection District with the following conditions: 1. The Special Permit for the common drive shall be considered exercised once the driveway is constructed. 2. The flag lot permits shall be deemed exercised when either i) the ANR plan is recorded at the Registry, or ii) the lots are conveyed to separate owners. 3. The amount of manicured lawn on each lot shall be limited to ten percent of the lot's total area, not to exceed 20,000 square feet. 4. The application of herbicides, pesticides or fertilizers shall be prohibited on all lots in the development. The Board will not impose a condition on clearing, members agreed. 5 a � �, HAROLD L. EATON & ASSOCIATES, INC. Registered Professional Land Surveyors 235 Russell Street - P.O. Box 198 Hadley, Mass. 01035 April 10, 1997 Planning Board City of Northampton Main Street Northampton, MA 01060 RE: Kevin Heafey Special Permits Dear Board Members, Phone 413 - 584 -7599 413 - 584 -7533 FAX 413 - 585 -5976 On behalf of the applicant, Kevin Heafey, we wish to request amendments to the applications and revisions to the plans that have been submitted. ( The changes requested involve changing interior lot lines and the elimination of " Common Driveway B ". The following is a listing of the lots as we wish to have then approved: Lot # 1 - Remains a flag lot with 50 feet of frontage on North Farms Road. Lot # 2 - Remains a flag lot with revisions to the lot lines. Lot # 3 - Remains a flag lot with revisions to the lot lines and increased area. Lot # 4 - Remains a frontage lot with revisions to lot line, reduced area and proposed house and driveway relocated to North Farms Road. Lot # 5 - Remains a flag lot with 50 feet frontage on Rustlewood Ridge, access over " Common Driveway A ", and relocation of the house to the northwest. Lot # 6 - Remains a flag lot with 50 feet frontage on North Farms Road with the access driveway from North Farms Road and revisions to the lot lines and relocation of the house. Lot # 7 - Remains a frontage lot with revisions to the boundary lines and the relocation of the house closer to North Farms Road. Lot # 8 - Remains a frontage lot with revisions to the lot lines. ( Lot to be retained by " Olbris " ). Lot # 9 - Remains a frontage lot with revisions to the lot lines to increase the area. The house and driveway remain the same. With specific attention to the applications, the following revisions apply: 1.) Permit for Common Driveway under Section 6.1 Page 6 - 17. Request the " Common Driveway B "to be eliminated. 2.) Permit for flag lots under Section 6.13 Page 6 - 18. Request that " Common Driveway B "to be eliminated and an additional driveway must be added on North Farms Road and an additional driveway entrance must be added to Rustlewood Ridge. 3.) Permit to work in WSP District under Section 16.0 Page 16 -1. Request that" Common Driveway B " to be eliminated and an additional driveway must be added on North Farms Road and an additional driveway entrance must be added to Rustlewood Ridge. Please not that the same number of lots and proposed houses has not changed. The changes we propose are the result of difficult decisions that the applicant has been forced to make during the intern time since our first public hearing. We look forward to presenting our revised plans and objective discussion with the Planning Board and concerned citizens. - Very truly yours, Q O -V,04 W9W-111� Donald W. Miner Acc- es S Nftw CITY OF NORTHAMPTON // PLANNING BOARD APPLICATION FOR: 1. Applicant's Name: Kevin W. Heafey Address: 197 North Maple Street Telephone: 584 — 1871 Florence 11 16 2. Parcel Identification: Zoning Map # 12 Parcel # 1 Zoning District: RR /WSP Street Address: 186 North Farms Road & Rustlewood Ridge 3. 4. Status of Applicant: X Owner, X Contract Purchaser; Lessee Other (explain) Property Owner: Above & Elizabeth J. Olbris et al Address: 186 North Farms Road Telephone: 584 — 2988 5. Describe Proposed Work/Project (Use additional sheets if necessary): Construct two common driveways providing access to proposed flag lots. ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Has the following information been included in the application? Yes Site/PlotPlan Yes List of requested waivers Yes fee Yes 2 sets of labels (supplied by the Assessor's Office) Yes Signed dated and denied Zoning Permit Application Yes Three (3) copies of the Certified Abutters List from Assessors' Office. 1 .../ 8. Site Plan and Special Permit Approval Criteria. (If any permit criteria does not apply, explain why) Use additional sheets if necessary. Assistance for completing this information is available through the Office of Planning & Development. A. How will the requested use protect adjoining premises against seriously detrimental uses? No public roads will --h rrPntPd_ How will the project provide for: surface water drainage. Drainage swales planted with grass. sound and sight buffers: 75% of the area will remain wooded. the preservation of views, light and air. N/A B. How will the requested use promote the convenience and safety of pedestrian movement within the site and on adjacent streets? Common driveways will direct access to two seperate locations. How will the project minimiz traffic impacts on the streets and roads in the area? Common driveways will direct access to two seperate locations minimizing curb cuts. Where is the location of driveway openings in relation to traffic and adjacent streets? .Common driveway "A" is at the end of Rustlewood Ridge. Common driveway "B" is off North Farms Road. What features have been incorporated into the design to allow for: access by emergency vehicles: Hammerhead turn — around at the end of both proposed driveways. the safe and convenient arrangement of parking and loading spaces: N/A provisions for persons with disabilities: N/A M O— C. How will the proposed use promote a harmonious relationship of structures and open spaces to: the natural landscape: Proposed drivewav locations dete rmined in the field and worked around wetlands. to existing buildings: N/A other community assets in the area: Will p rovide access to Fitzgerald l.aka Recreational Area to teh Southea on North Farms Road D. What measures are being taken that show the use will not overload the City's resources, including: water supply and distribution system: Private wells. sanitary sewage and storm water collection and treatment systems: Private septic systems. fire protection, streets and schools: Adeauate acces provided for emergency vehicles. How will the proposed project mitigate any adverse impacts on the City's resources, as listed above? Minimal number of lots nronosgd. E. List the section(s) of the Zoning Ordinance that states what special regulations are required for the proposed project (flag lot, common drive, lot size averaging, etc.) Section 6.12 Common Driveway & Lot Access Section 6.13 Flag Lots Section 16.0 WSP District How does the project meet the special requirements? (Use additional sheets if necessary)? See Appendix A — Addressing Section 6.12 Common Driveways. F. ' State how the project meets the following technical performance standards: 1. Curb cuts are minimized: Only two curb cuts required for the common driveways. 3 1./ Check off all that apply to the project: residence X use of a common driveway for access to more than one hmhrss use of an existing side street use of a looped service road 2. Does the project require more than one driveway cut? NO X YES (if yes, explain why) Two common driveways required. 3. Are pedestrian, bicycle and vehicular traffic separated on -site? YES X NO (if no, explain why) Limited number of proposed dwellings. For projects that require Intermediate Site Plan Approval, ONLY, sign application and end here. 9. I certify that the information contained herein is true and accurate to the best of my knowledge. The undersigned owner (s) Planning Board permission to enter the property to review this application. Date: Applicants Signature: / Date: Owner's Signature: S Pe A7 RAr-4 (if not same as applicant) For projects that require a Special Permit or which are a major project, applicants must also complete the following page. 4 M --swoe F. Explain why the requested use will: not unduly impair the integrity or character of the district or adjoining zones: Single family residential use is allowed by right and common drivewav are required to service flag lots. not be detrimental to the health, morals or general welfare: N/A be in harmony with the general purpose and intent of the Ordinance: N/A G. Explain how the requested use will promote City planning objectives to the extent possible and will not adversely effect those objectives, defined in City master study plans (Open Space and Recreation Plan; Northampton State Hospital Rezoning Plan; and Downtown Northampton: Today, Tomorrow and the Future). Minimal number of lots protecting large areas of woodland. 9. I certify that the information contained herein is true and accurate to the best of my knowledge. The undersigned owner(s) grant the Planning Board permission to enter the property to review this application. Date: / / Applicants Signature: �S i Date: Owner's Signature: (If not the same as applicant's) MAJOR PROJECTS must also complete the following page: 5 M Nftme r.i' MAJOR PROJECT APPROVAL CRITERIA: Does the project incorporate 3 foot sumps into the storm water control system? YES NO (if no, explain why) f Will the project discharge stormwater into the City's storm drainage system? YES NO 1F NO, answer the following: Do the drainage calculations submitted demonstrate that the project has been designed so that there is no increase in peak flows from pre- 1, 2, or 10 year Soil YES st- development conditions during the: rvation � no, sign storm ? NO if why) Wil l all the runoff from a 4/10 inch rainstorm (first flush) be detained o n ' e for an average of 6 hours? YES ' NO (if no, explain why) f �1 Is the applicant requesting a reduction in the parking requirements? NO YES If yes, what steps have been taken to reduce the need for parking, and number of trips per day? 2 NOW SITE PLAN REQUIREMENTS REQUEST FOR WAIVERS APPLICATION The application MUST include a site plan containing the information listed below. The Planning Board may waive the submission of any of the required information, if the Applicant submits this form with a written explanation on why a waiver would be appropriate. To request a waiver on any required information, circle the item number and fill in the reason for the request. Use additional sheets if necessary. A. Locus plan ( B.) Site plan(s) at a scale of 1 "=40' or greater. & 1" = 100' B -1. Name and address of the owner and the developer, name of project, date and scale plans: B -2. Plan showing Location and boundaries of the lot adjacent streets or ways all properties and owners within 300 feet all zoning districts within 300 feet ( B -3.) Existing and proposed: buildings setbacks from property lines (- ) building elevations Individual deSi gnc not dPtPrm nad _ (- ) all exterior entrances and exits & p a z a h nv-A _ (elevation plans for all exterior facades structures are encouraged) B4. Present & proposed use of the land buildings: B -5. Existing and proposed topography (for intermediate projects the permit granting authority may accept generalized topography instead of requiring contour lines): at two foot contour intervals showing wetlands, streams, surface water bodies showing drainage swales and floodplains: - showing unique natural land features 7 ti.. .Moe B -6. Location of. parking & loading areas public & private ways driveways, walkways access & egress points proposed surfacing,: B -7.) Location and description of: all stocmwater drainage/detention facilities water quality structures public & private utilities/easements -) sewage disposal facilities Designs incomplete. H water supply facilities Well locations not determined. ( B -8.) Existing & proposed: ( -) landscaping, trees and plantings (size & type of plantings) Individual homeowners should have the right to landscape as they wish. stone walls, buffers and/or fencing,: B -9. Signs - existing and proposed: Location dimensions/height color and illumination B -10. Provisions for refuse removal, with facilities for screening of refuse when appropriate: FOR MAJOR PROJECTS ONLY: B -11. An erosion control plan and other measures taken to protect natural resources & water supplies: C. Estimated daily and peak hour vehicles trips generated by the proposed use, traffic patterns for vehicles and pedestrians showing adequate access to and from the site, and adequate vehicular and pedestrian circulation within the site. Site Plans submitted for major projects shall be prepared and stamped by a: Registered Architect, Landscape Architect, or Professional Engineer F —' • ASSESSORS _ _1: , _ Ft�? - r _- -' - - Joan C Sarafin, M.A-A, Cha" man A = - • Robert C. 6iischer, Secretary" �- _..- _ _ -= _ _ _ `�!' . : - _ Telephoner -- _ Edwin M - Padetk , ° O WALLACE J. PUCHALSKI MUNI BUILDING JAN ,j 3 1 . 212 Main Street Northampton, MA 01060 = �,Vl_nU U t -nL TO: THE NORTE.AMPTON BOARD OF ASSESSORS FROM: ���Q � 1S I A' • (Individual or Company Name) . ame) C�aN� -� PHONE n ` W . ,N< 5"E T — S DATE: ' I /WE REQUEST FROM THE BOARD OF ASSESSORS, ABUTTERS LISTS FOR THE PROPERTY LOCATED AT �n �C FA ,(�_v_A THE MAP AND LOT NUMBER(S) OF THE ABOVE PROPERTY ARE - _. 'THE NAME OF THE BOARD(S) REQUESTING THIS LIST IS* � � r. _. v a t. 3 THE LIST IS REQUIRED FOR THE FOLLOWING PURPOSE: S PeC �c_ -- ... _.. z w< < , A ' �L -THE NUMBER OF COPIES OF THE LIST REQUIRED IS I UNDERSTAND THAT BOARD HAS UP TO SE W - I T • VEN (7) WORKING DAYS IN WHICH TO I COMPLETE THE LIST. REQUESTED, AND WILL HAVE AN ADDITIONAL SEVEN (7) WORK— . ING DAYS FOR EACH SUBSEQUENT REQUEST. I..FURTHER UNDERSTAND THAT I AX RESPONSIBLE FOR ANY ERRORS CONTAINED HEREIN_. Z (Sig - n t a u tur : e ;; � o � f Appli n DATE LI SI WAS COMPLETED 3 — *IF YOU ARE UNSURE OF THE BOARDS REQUIRING THE ABUTTERS LISTS OR THE NUMBER, _ OF LISTS REQUIRED PLEASE CONTACT THE APPROPRIATE DEPARTMENT. APPENDIX A 1.010 SECTION 6.12 VEHICULAR EGRESS /ACCESS TO A LOT & COMMON DRIVEWAYS 1. Common Driveway " A " services Flag Lots 1, 2, & 3. Common Driveway " B " services Lot #4 and Flag Lots 5 & 6. 2. The common driveway will provide the only vehicular egress /access to the lots, will be within 50 foot wide easements shown on the plan and will be stated in the deeds to the subject lots. 3. The common driveways will not exceed 12% grade, will have a bituminus concrete surface and provide a hammerhead type turn- around at the end. A. Will have a minimum width of 15 feet. B. Will provide passing turnouts 25 feet long and no more than 300 feet between turnouts. C. Will meet the prior approval of the DPW and Fire Chief. D. Will confirm to all other driveway requirements of the zoning ordinance E. Will be reviewed and permitted by the Conservation Commission. `p ..i 8. Site Plan and Special Permit Approval Criteria. (If any permit criteria does not apply, explain why) Use additional sheets if necessary. Assistance for completing this information is available through the Office of Planning & Development. A. How will the requested use protect adjoining premises against seriously detrimental uses? No prnhl i r marl-, will ha rraatPri _ How will the project provide for: surface water drainage: Drainage swales and planted with grass. sound and sight buffers. Houses will be woods and with 150' — 200' distance between them. the preservation of views, light and air. House sites selected to enhance views to the East and Northwest. B. How will the requested use promote the convenience and safety of pedestrian movement within the site and on adjacent streets? Common driveways will direct access to two seperate locations. How will the project minimiz traffic impacts on the streets and roads in the area? Common driveways will direct access to two seperate locations. Where is the location of driveway openings in relation to traffic and adjacent streets? Common driveway "A" is at the end of Rustlewood Ridge. Common driveway "B" is off of North Farms Road. What features have been incorporated into the design to allow for: access by emergency vehicles: Hammerhead turn — around at the ends of both proposed driveways. the safe and convenient arrangement of parking and loading spaces: N/A provisions for persons with disabilities: N/A 2 `r.e C. How will the proposed use promote a harmonious relationship of structures and open spaces to: the natural landscape: All house sites selected in the field to establish views with minimal cutting of trees and vegitation. to existing buildings: N/A other community assets in the area: Will provide access to Fitzgerald Lake Recreational Area to the Southeast on North Farms Road. D. What measures are being taken that show the use will not overload the City's resources, including: water supply and distribution system: Six of the proposed lots will have individual wells. sanitary sewage and storm water collection and treatment systems: All lots shown will have private septic systems. fire protection, streets and schools: Adequate access provided for emergencv vehicles. How will the proposed project mitigate any adverse impacts on the City's resources, as listed above? Minimal number of lots proposed. E. List the section(s) of the Zoning Ordinance that states what special regulations are required for the proposed project (flag lot, common drive, lot size averaging, etc.) Section 6.13 Flag Lots Se ction 16.0 WSP District Section 6.12 Common Driveways How does the project meet the special requirements? (Use additional sheets if necessary)? See Appendix A — Addressing Sec 6.13 Flag Lot s. F. State how the project meets the following technical performance standards: 1. Curb cuts are minimized: Only two cu cut required for the two common driveways. 3 Q JAN 16 1997 i `p Check off all that apply to the project: % use of a common driveway for access to more than one business use of an existing side street use of a looped service road 2. Does the project require more than one driveway cut? NO _X_ YES (if yes, explain why) Two common driveways required. 3. Are pedestrian, bicycle and vehicular traffic separated on -site? YES X NO (if no, explain why) Limited number of proposed lots. For projects that require Intermediate Site Plan Approval, ONLY , sign application and end here. 9. I certify that the information contained herein is true and accurate to the best of my knowledge. The undersigned owner (s) Planning Board permission to enter the property to review this application. Date: ��5 /) Applicants Signature: Date: Owner's Signature: 5 e-2 AV - H f+C l - " C+ (If not same as applicant) For projects that require a Special Permit or which are a major project, applicants must also complete the following page. / 4 1 JAN 16 1997 F. Explain why the requested use will: 1� not unduly impair the integrity or character of the district or adjoining zones: Single family residential use is allowed by right - Section 5.0 Use Regulation - Page 5.2. not be detrimental to the health, morals or general welfare: N/A be in harmony with the general purpose and intent of the Ordinance: N/A G. Explain how the requested use will promote City planning objectives to the extent possible and will not adversely effect those objectives, defined in City master study plans (Open Space and Recreation Plan; Northampton State Hospital Rezoning Plan; and Downtown Northampton: Today, Tomorrow and the Future). Minimal number of lots protecting large areas of woodland. 9. I certify that the information contained herein is true and accurate to the best of my knowledge. The undersigned owner(s) grant the Planning Board permission to enter the property to review this application. Date: ljy Applicants Signature: Date: Owner's Signature: (If not the same as applicant's) MAJOR PROJECTS must also complete the rEGE1VF\ JAN 16 1997 0 `p ..r' MAJOR PROJECT APPROVAL CRITERIA: Does the project incorporate 3 foot sumps into the storm water controy §ystemT YES NO (if no, explain why) r Will the project discharge st rmwater into the City's storm rainage system? YES NO 1F N , answer the following: Do the drainage calculations su mitted demonstra that the project has been designed so that there is no increase in peak flows from pre- post - develop ent conditions during the: 1, 2, or 10 year Soil Con ation S design storm ? YES (if no explain why) Will all the runoff from a 4/10 inch r sto first flush) be detained on -site for an average of 6 hours? YES NO (if no, a lain why) l Is the applicant requesting a reduction in the parking ,'NO YES If yes, what steps have been taken to reduce the need for parking, and number of trips per day? /ECEI 6 ( JAN 16 1997 `M.- -.. SITE PLAN REQUIREMENTS REQUEST FOR WAIVERS APPLICATION The application MUST include a site plan containing the information listed below. The Planning Board may waive the submission of any of the required information, if the Applicant submits this form with a written explanation on why a waiver would be appropriate. To request a waiver on any required information, circle the item number and fill in the reason for the request. Use additional sheets if necessary. A. Locus plan B. • Site plan(s) at a scale of 1 "=40' or greater. B -1. Name and address of the owner and the developer, name of project, date and scale plans: B -2. Plan showing Location and boundaries of: the lot adjacent streets or ways all properties and owners within 300 feet - all zoning districts within 300 feet (B -3.) Existing and proposed: - buildings - setbacks from property lines (-) building elevations Tntii viti,ini hn,iaa Aaaignc nnr .iaterminA- ( - ) all exterior entrances and exits (elevation plans for all exterior facades structures are encouraged) B-4. Present & proposed use of: - the land - buildings: B -5. Existing and proposed topography (for intermediate projects the permit granting authority may accept generalized topography instead of requiring contour lines): - at two foot contour intervals - showing wetlands, streams, surface water bodies - showing drainage swales and floodplains: - showing unique natural land features 7 0 7 JAN 16 1997 B -6. Location of parking & loading areas public & private ways - driveways, walkways -"M" access & egress points proposed surfacing: (B -7.) Location and description of all stormwater drainage/detention facilities - water quality structures public & private utilities/easements ( -) sewage disposal facilities Designs incomplete. ( supply facilities Well locations not determined. (B -8.) Existing & proposed: ( -) landscaping, trees and plantings (size & type of plantings) Individual homeowners should have the right to landscape as thev wish. stone walls, buffers and/or fencing: B -9. Signs - existing and proposed: Location dimensions/height color and illumination B -10. Provisions for refuse removal, with facilities for screening of refuse when appropriate: FOR MAJOR PROJECTS ONLY: B -11. An erosion control plan and other measures taken to protect natural resources & water supplies: C. Estimated daily and peak hour vehicles trips generated by the proposed use, traffic patterns for vehicles and pedestrians showing adequate access to and from the site, and adequate vehicular and pedestrian circulation within the site. Site Plans submitted for major projects shall be prepared and stamped by��cElI Registered Architect, Landscape Architect, or Professiona peer 8 1 JAN 16 1997 M APPENDIX A N*W-� SECTION 6.13 - FLAG LOTS ../ 1. The lots shown will be used for single family residences, every lot will have in excess of the 80,000 square feet minimum, the access strips will be a minimum of 50 foot frontage on a public way and have a minimum width of 50 feet throughout and the proposed structures will be no closer than the minimum setbacks listed in section 6.2. 2. The access common driveways and individual lot driveways do not have a curve with a radius of less than 80 feet. 3. The proposed house locations are shown within a circle with a minimum diameter equal to 1 1/2 times the minimum frontage requirement or a circle with a diameter of 262.5 feet. 4. Proposed lots 1, 2, and 3 will be accessed by common driveway " A" of the cul de sac on Rustlewood Ridge. Proposed lots 4, 5, and 6 will be accessed by common driveway " B " off North Farms Road approximately 150 feet North of house number 186. All common driveways will be with a 50 foot wide right - of -way and easement. 5. The common driveways shown will have a bituminus concrete surface, with no grade in excess of 12 %. A hammerhead turn - around is proposed at the ends of each common driveway. 6. The lot layout plan has been prepared in accordance with the subdivision control law. 7. All driveways will be raised with a crown and drainage swales are proposed directing all storm water on site. GEIVE� JAN 16 1997 ASSESSORS Joan G Sarafin, M.A.A., Cha,..Xnan • Robert C Buscher, Secretary Edwin M. Padeck C2 WALLACE). PUCHALSKI MUNICIPAL BUILDING JAN 1q9 . 212 Main Street Northampton, MA 01060 _ L= k, nu U tOL.) TO: TH�E� NORTHAMPTON BOARD OF ASSESSORS FROM: t to � or Co .� �ON A JS . (Indivmpan N y ame) • ��o N Fi --lam W . dl/�. � u••P.(� PHONE DATE: ���_ �_ / 'I /WE REQUEST FROM THE BOARD OF ASSESSORS, ABUTTERS LISTS FOR THE PROPERTY ' LOCATED AT - THE MAP AND LOT NUMBER(S) OF THE ABOVE PROPERTY ARE - THE NAME OF THE BOARDS) 'REQUESTING THIS LIST IS* ` '^ f _' ' _ THE LIST IS REQUIRED FOR THE FOLLOWING PURPOSE: -Pub P 3 S pe 1 f-�-� �-,.2- w� l R �} tiJ fit/ 1 A G- 1� THE NUMBER OF COPIES OF THE LIST REQUIRED IS E -r' -' I UNDERSTAND THAT BOARD SAS UP TO SEVEN (7) WORKING DAYS IN WHICH TO COMPLETE THE LIST. REQUESTED, AND WILL SAME AN ADDITIONAL SEVEN (7) WORK— ING DAYS FOR EACH SUBSEQUENT REQUEST. I.XURTHER UNDERSTAND THAT I KI RESPONSIBLE FOR ANY ERRORS CONTAINED HEREIN. • j (} (Signature of Appli n' , DATE LIST WAS COMPLETED / /'s � 7 � `/ *IF YOU ARE UNSURE OF THE BOARDS REQUIRING THE ABUTTERS LISTS OR R. _ �E O OF LISTS REQUIRED PLEASE CONTACT THE APPROPRIATE DEPARTMENT. JAN 16 1997 PU CHABE__XN 9ALV"GRFSEMENT Property Address: North Farms Road fj Florence, MA AGREEMENT, made this !r day of Gov 1996, 1 PARTIES By and between ELIZABETH A. OLBRIS, of 186 North Farms Road, Florence, Massachusetts, JOSEPH OLBRIS, of 716 Rochelle Arch, Virginia Beach, Virginia, DOROTHY SADLOWSKI, of 960 Ryan Road, Flor "ence, Massachusetts, and hereinafter l Street, Easthampton, referred to as "SELLER "; and KEVIN W. HEAFEY AND BARBARA A. BUIVIDAS, of 197 North Maple Street, Northampton, Massachusetts, hereinafter referred to as "BUYER ". 2 PROPERTY, The SELLER hereby agrees to sell and the BUYER agrees to purchase the real property described in Exhibit A attached hereto and incorporated herein by reference, and having an address of approximately 46 acres on North Farms Road, Florence, County of Hampshire, Massachusetts, hereinafter referred to as "Property ", "Premises ", or such other similar word where the context so admits. 3 ZERSONA1 py0PERTY This is the sale of raw land and there is no tangible personal property. All standing and failing timbers conveyed herewith. 4 nELIVER OF DEED, The Deed is to be delivered and the consideration paid at the Place of closing and on the lute of Closing, as hereafter set forth. The premises are to be conveyed by a good and sufficient and marketable titleetoEtheRsame, and clear, record encumbrances and except: 4.1 Provisions of local 4.2 such taxes-for the payable on the date liens for municipal of this agreement; building and zoning laws, if any; :urrent year as are not due and of delivery of such deed, and any betterments assessed r the date r JAN 16 1997 ,`- 1-00 Purchase and Sales Agreement Noah Farms Road, Florence Page 10 34 TE N BUYER, after giving SELLER reasonable (not less than 24 hours) notice, has SELLER'S express authority tos en ter upon e SELLER'S PROPERTY for the purpose of conducting surveys, drilling, testings, borings, and such other examinations as BUYER, in its reasonable discretion, deems appropriate. In the conducting of such surveys, tests, and the like, BUYER shall leave the PROPERTY in a sareasanablyopossiblethe test as prior to the test, or as c lose 35 BUYE CONTINGE BUYER shall use all reasonable diligence to obtain the appropriate and necessary municipal approvals for the Sub - Division of the Property. If BUYER cannot obtain such approvals and permits, despite having exercised all reasonable diligence, then BUYER may terminate this Agreement by giving written notice thereof to SELLER's attorney, MORSE & SACKS, at least 2 days prior to the Date of Closing. in the event of such termination, all deposits shall be refunded and thereafter neither party shall have any claim against the other, either at law or in equity. 3( ZONING BUYER is hereby authorized in the name of the SELLER, or as contract purchaser of the PROPERTY, to apply for such zoning relief, including special permits, variances, exceptions, zone changes, or any other zoning relief or any other permits, including, but not limited to, building permits and curb cut permits, whether issued by state, federal or local municipal and /or regulatory agencies, as BUYER, in the exercise of its broadest discretion, deems appropriate for its uses. Copies of all such filings shall be forwarded to SELLER. 37 CONTRACT, The submission of this document for examination and negotiation does not constitute an offer to sell, nor a reservation of, nor option for, the Premises, and this document shall be effective and binding only upon the execution and delivery hereof by both SELLER and BUYER. /GEIVF\ JAN 16 1997 ,,..' pwvhata O d $oler A8reewnt North Famr Road. Florence paga 11 3 S 'C TF,RED TI= In addition to the foregoing, it the title to said promises is registered, said deed shall be in a form suffcient to entitle the BUYER to a certificate o_ title of said prem SE LLER shall deliver with said deed all instruments, if any, necessary to enable the BUYER to obtain such certificate of title. IN WITNESS WHEREOF, the said parties hereto have set their hands and seals in duplicate, on the dad and yeifirst above written. This Agreerent may be in se counterparts. Signed and sealed in the presence of E1iaabeth A. olbris, s ller Witness ., r Witness witness Witness Witness Witness witness feller Rose Hiiger, sailor Dorothy 8adlowski, Soller 0111 Ace / "/ Kevin N. Haaf , Buyer Barbara A. Buividast Buyer Denny Nolan, Broker Q` �CEIVF O JAN 16 1997 Purchase and Sales AgrePrn" Nonh Fa »ns R,)ad . FIorence Page II 38 EgGIS RED TITLE if the title to said premises in addition to the foregoing, is registered, said deed shall tbtlenof f orm aid premiaes sufficie andothe the BUYER to a certificate of SELLER shall deliver with said deed all instruments, if any, obtain such certificate of necessary to enable the BUYER to title. IN WITNESS WHEREOF, the said parties hereto have set their hands and seals in duplicate, on the day and year first above written. This Agreement may be executed in separate counterparts. Signed and sealed in the presence of _ r "ZI AV Witness _ Eli$abe Olbrl. seller Witness Joseph Olbris, Seller witness Rode S11ger, seller y fo1»l�� Witness Dorothy Sad wski, seller Witness Ravin w. Heaf , Buyer :Witness Barbara A. Buividas, Buyer Witness Denny Nolan, $raker 0 /ECEIVF\ JAN 16 1997 I FILE # 9 6 17 J 9 MuM VPPRINT /CONTACT PERSON: 4ZA",�. _ n -- -- ADDRESS/PHONE: �.� -5 F l PROPERTY LOCATION: R&4&Li2g PARCEL: ZO MAP l A 4 NE l {{ THIS SECTION FOR - OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE T* n of C- onctnirtin N ew Cmnstrnrtinn RPmndPlino Tnterin A rlrliti an to F.Tictim V A rreccnry Strurh rP Wilding Plan Tneln►iod- Cl wner /Orrytpan CtatPrient nr T.irence # THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION: Approved as presented/based on information presented Denied as presented: � 1 Special Permit and/or Site Plan Required under: § (o ► A. PLANNING BOARD ZONING BOARD Received &Recorded at Registry of Deeds Proof Enclosed Finding Required under: § w /ZONING BOARD OF APPEALS Received & Recorded at Registry of Deeds Proof Enclosed Variance Required under: & w /ZONING BOARD OF APPEALS Received & Recorded at Registry of Deeds Proof Enclosed Other Permits Required �ECEIVF� Curb Cut from DPW Water Availability Sewer Availability JAN 16 1997 Septic Approval -Bd of Health Well Water Potability -Bd Health c P 't fro onse a ' Co �F NO ��NP�� ~ Signature of Building ector ate NOTE: Issuanoe of at zoning permit does not relieve an applioant's burden to oomply with all _ zoning requirements and obtain all required permits from the Board of Health, Conservation Commission, Department of Publio Works and other applloable permit granting authorities. $»ilrling Permit Fi1 1er1 not FOP PI id CITY OF NORTHAMPTON PLANNING BOARD APPLICATION FOR: 1. Applicant's Name: Kevin W. Heafey Address: 197 North Maple Street Telephone: 584 — 1871 Florence 12 1 2. Parcel Identification: Zoning Map # 1 Parcel # 16 Zoning District: RR /WSP Street Address: 186 North Farms Road & Rustlewood Ridge 3. Status of Applicant: X Owner, X Contract Purchaser, Lessee Other (explain) 4. Property Owner: Above & Elizabeth J. 01bris et al Address: 186 North Farms Road Telephone: 584 — 2988 5. Describe Proposed Work/Project (Use additional sheets if necessary): Create flag lots for single family residences, construct driveways and construct two common driveways. ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Has the following information been included in the application? Yes Site/Plot Plan Yes List of requested waivers Yes fee Yes 2 sets of labels (supplied by the Assessor's Office) Yes Signed dated and denied Zoning Permit Application Yes Three (3) copies of the Certified Abutters List from Assessors' Office. 1 `�_ .../ 8. Site Plan and Special Permit Approval Criteria. (If any permit criteria does not apply, explain why) Use additional sheets if necessary. Assistance for completing this information is available through the Office of Planning & Development. A. How will the requested use protect adjoining premises against seriously detrimental uses? No public roads will be created. How will the project provide for: surface water drainage: Drainage swales and planted with grass. sound and sight buffers. Houses will be in woods with 150' — 200' distance between them. the preservation of views, light and air. House sites selected to enhance views to the East and Northwest. B. How will the requested use promote the convenience and safety of pedestrian movement within the site and on adjacent streets? Common driveways will direct access to two seperate locations. How will the project minimiz traffic impacts on the streets and roads in the area? Common driveways will direct access to two seperate locations. Where is the location of driveway openings in relation to traffic and adjacent streets? Common driveway "A" is at the end of Rustlewood Ridge. Common driveway "B" is off North Farms Road. What features have been incorporated into the design to allow for: access by emergency vehicles: Hammerhead turn - around at the end of both proposed common driveways. the safe and convenient arrangement of parking and loading spaces: N/A provisions for persons with disabilities: N/A 2 N.t. ..ple C. How will the proposed use promote a harmonious relationship of structures and open spaces to: the natural landscape: All house sites selected in the field to enhance views with minimal cutting of trees and veeitation. to existing buildings: N/A other community assets in the area: All lots to have access to Fitz gerald _ Lake Recreational Area to the Southeast on Nor Farms Ro nd- D. What measures are being taken that show the use will not overload the City's resources, including: water supply and distribution system: Six of the provosed lots will have individual wells. sanitary sewage and storm water collection and treatment systems: All lots w 1 have private septic systems. fire protection, streets and schools: Adeauate access provided f emergency vehicles. How will the proposed project mitigate any adverse impacts on the City's resources, as listed above? Minimal number of lots proposed. E. List the section(s) of the Zoning Ordinance that states what special regulations are required for the proposed project (flag lot, common drive, lot size averaging, etc.) Section 16.0 — WSP District S ection 6 .11 Section H -12 — Common nrivewava How does the project meet the special requirements? (Use additional sheets if necessary)? See Appandix A — A ddressi no Section 1 6 0 — WSP 11i stri r _ F. ' State how the project meets the following technical performance standards: 1. Curb cuts are minimized: 2 cur mitg for commnn driveways abet 9 cnrh cuts for tha raunlar lors- 3 N".. , "we Check off all that apply to the project: residence X use of a common driveway for access to more than one F;icM& use of an existing side street use of a looped service road 2. Does the project require more than one driveway cut? NO X YES (if yes, explain why) Two common driveways and two driveways for regular lots. 3. Are pedestrian, bicycle and vehicular traffic separated on -site? YES X NO (if no, explain why) Limited number of proposed dwellings. For projects that require Intermediate Site Plan Approval, ONLY, sign application and end here. 9. I certify that the information contained herein is true and accurate to the best of my knowledge. The undersigned owner (s) Planning Board permission to enter the property to review this application. Date: ���J Applicants Signature: L Date: Owner's Signature:' (If not same as applicant) For projects that require a Special Permit or which are a major project, applicants must also complete the following page. 4 ``. emm F. Explain why the requested use will: not unduly impair the integrity or character of the district or adjoining zones: Single family residential use is allowed by right. not be detrimental to the health, morals or general welfare: N/A be in harmony with the general purpose and intent of the Ordinance: N/A G. Explain how the requested use will promote City planning objectives to the extent possible and will not adversely effect those objectives, defined in City master study plans (Open Space and Recreation Plan; Northampton State Hospital Rezoning Plan; and Downtown Northampton: Today, Tomorrow and the Future). Minimal number of lots, protecting large areas of woodlands and retaining storm drainage on site to be recharged. 9. I certify that the information contained herein is true and accurate to the best of my knowledge. The undersigned owner(s) grant the Planning Board permission to enter the property to review this application. Date: / Applicants Signature:t,4 ,� 1 Date: Owner's Signature: �_ I `Y A'C -1.. Q _X) CON "/e� (If not the same as applicant's) MAJOR PROJECTS must also complete the following page: 5 ``. MAJOR PROJECT APPROVAL CRITERIA: Does the project incorporate 3 foot sumps into the storm water control system? YES NO (if no, explain why) / f Will the project discharge stormwater int�6 the City's storm drainage system? YES NO IF NO, answer the following: Do the drainage calculations submitted demonstrate that the project has been designed so that there is no r increase in peak flows from pre- to piost- development conditions during the: 1, 2, or 1-© year Soil Cons ration Service design storm ? YES / NO (if no, explain why) J J J � Will all the runoff from a 4/ 1 0 inch rainstogn (first flush) be detained on -site for an average of 6 hours? YES NO (if no, explain why` J Is the applicant regsting a reduction in the parking requirements? NO YES If yes, what steps have been taken to reduce the need for parking, and number of trips per day? •.o'' SITE PLAN REQUIREMENTS REQUEST FOR WAIVERS APPLICATION The application MUST include a site plan containing the information listed below. The Planning Board may waive the submission of any of the required information, if the Applicant submits this form with a written explanation on why a waiver would be appropriate. To request a waiver on any required information, circle the item number and fill in the reason for the request. Use additional sheets if necessary. A. Locus plan B. Site plan(s) at a scale of 1 "=40' or greater. B -1. Name and address of the owner and the developer, name of project, date and scale plans: B -2. Plan showing Location and boundaries of the lot adjacent streets or ways all properties and owners within 300 feet all zoning districts within 300 feet ( B -3.) Existing and proposed: buildings setbacks from property lines ( -) building elevations Tnrlivirtnal hnnca rlacignc not rictorminn ( -) all exterior entrances and exits C am o _ (elevation plans for all exterior facades structures are encouraged) B-4. Present & proposed use of the land buildings: B -5. Existing and proposed topography (for intermediate projects the permit granting authority may accept generalized topography instead of requiring contour lines): at two foot contour intervals showing wetlands, streams, surface water bodies showing drainage swales and floodplains: showing unique natural land features 7 O. W A Location of - "mol e parking & loading areas public & private ways driveways, walkways access & egress points proposed surfacing: (B -7.) Location and description of all stormwater drainage/detention facilities water quality structures public & private utilities/easements ( -) sewage disposal facilities Peres and location determined — de igns incomp?Q. ( —) water supply facilities Well locations not determined. (B -8.) Existing & proposed: ( -) landscaping, trees and plantings (size & type of plantings) Individual homeowne should have the risht to landscape as thev wiab. stone walls. buffers and/or fencing: B -9. Signs - existing and proposed: Location dimensions/height color and illumination B -10. Provisions for refuse removal, with facilities for screening of refuse when appropriate: FOR MAJOR PROJECTS ONLY: B -11. An erosion control plan and other measures taken to protect natural resources & water supplies: C. Estimated daily and peak hour vehicles trips generated by the proposed use, traffic patterns for vehicles and pedestrians showing adequate access to and from the site, and adequate vehicular and pedestrian circulation within the site. Site Plans submitted for major projects shall be prepared and stamped by a: Registered Architect, Landscape Architect, or Professional Engineer C o%j^&u yr AntJavKJ 'ASSESSORS Joan G Sarafin, M.A.A., Ch�w...oman ± ' •.•� _Telephone-'_ -:_. Robert G 6iischer, Secretary -- ._ . _ —. i _.. _ _ -- Edwin M_ Padeck d D WALLACE). PUCHALSKI MUNICIPAL BUILDING JAN A 3 1 . 212 Main Street Northampton, MA 01060 L kZ7L7Li U L:) L TO: THE NORTHAMPTON BOARD OF ASSESSORS FROM: Ar2oZ,� C� A- 'F-;GSOC I AS (Individual or Company Name) ("Do&/ PHONE 5 F/ '- �] S 0 1 / J DATE: 'I /WE REQUEST FROM THE BOARD OF ASSESSORS, ABUTTERS LISTS FOR THE PROPERTY ' LOCATED AT � FA -Q-tiM THE MAP A0L LOT NUMBER(S) OF THE ABOVE PROPERTY ARE THE 'NAME OF THE BOARD(S) 'REQUESTING THIS LIST IS* .3. THE LIST IS REQUIRED FOR THE FOLLOWING PURPOSE: S Pee �'t-vc_ R-PIV n • THE NUMBER OF COPIES OF THE LIST REQUIRED IS. I UNDERSTAND THAT-THE BOARD HAS UP TO SEVER (7) WORKING DAYS IN WHICH TO COMPLETE THE LIST. REQUESTED, AND WILL HAVE AN ADDITIONAL SEVEN (7) WORK- 1714C DAYS FOR EACH SUBSEQUENT REQUEST. 1. 'FURTHER UNDERSTAND THAT I AX RESPONSIBLE FOR ANY ERRORS CONTAINED HEREIN. (Signature of Appli n DATE LIST WAS COMPLETED *IF YOU ARE UNSURE OF THE BOARDS REQUIRING THE ABUTTERS LISTS OR THE NUMBER; OF LISTS REQUIRED 'PLEASE CONTACT THE APPROPRIATE DEPARTMENT. %or. 1.r' APPENDIX A SECTION 6.13 - WATER SUPPLY PROTECTION DISTRICT The proposed development of eight building lots with single family houses is on a 50 acre parcel with frontage on Rustlewood Ridge and North Farms Road. The property contains an old farm house to be retained by the current owner, an active spring 500 feet to the Northwest of the house, and a small brook 350 feet North of the house. Large areas of wetlands have been marked and their location approved by the Conservation Commission. The property rises from North Farms Road from an average elevation of 245 feet to the top having an elevation of 360 feet. The top is a 400 foot wide plain running North and South then slopes down to an old sled road along the West boundary line. The entire property has undergone a logging operation that has left many logging roads in existance today. The soil conditions are poor, but two veins of good soil were located and approved perculation tests were completed in the spring of 1996. The applicant has chosen a very modest approach, selecting proposed house sites with views, working around the wetlands and keeping perc sites on the respective lots. Two common driveways are required to service the lots. The driveways will be 15 foot wide bituminus, crowned to drain storm water into drainage swales. The electric, telephone and cable will be underground within the 50 foot wide common driveway right -of -way. The effluent drain lines for lots 2 - 3 will also be in the right -of -way down to a point where they can be run westerly in one eight foot wide swath to the leach areas. Lots 1 and 6 will be able to use a common swath down the hill to their respective leach fields. Lots 4 and 5 will have lines following the common driveway right -of -way. The easterly portion of the site is covered with large stones and boulders and it is intended to utilize them for slope stabilization along with grasses. Much of the proposed construction will also be under the jurisdiction of the Conservation Commission and will require their approval. mss' -.r BU CHASE -AN SALES AGREEMENT Property Address: North Farms Road Florence, MA AGREEMENT made this ' day of CUIISQ- 1996, 1 PARTIES By and between ELIZABETH A. OLBRIS, of 186 North Farms Road, Florence, Massachusetts, JOSEPH OLDRIS, of 716 Rochelle Arch, Virginia Beach, Virginia, DOROTHY SADLOWSKI, of 960 Ryan Road, Florence, Massachusetts, and ROSE BILGER, of 124 Lovefield Street, Easthampton, Massachusetts, hereinafter referred to as "SELLER "; and KEVIN W. HEAFEY AND BARBARA A. BUIVIDAS, of 197 North Maple Street, Northampton, Massachusetts, hereinafter referred to as "BUYER ". 2 PROPERTY, The SELLER hereby agrees - to sell and the BUYER agrees to purchase the real property described in Exhibit A attached hereto and incorporated herein by reference, and having an address of approximately 46 acres on North Farms Road, Florence, County of Hampshire, Massachusetts, hereinafter referred to as "Property ", "Premises ", or such other similar word where the context so admits. 3 PERSONAL__R This is the sale of raw land and there is no tangible personal property. All standing and falling timbers conveyed herewith. 4 DELIVER OF DEED The Deed is to be delivered and the consideration paid at the Place of Closing and on the Date of Closing, as hereafter set forth. The premises are to be conveyed by a good and sufficient QtJITCLAIM deed of the SELLER, conveying a good and clear, record and marketable title to the same, free from all encumbrances except: 4.1 Provisions of local building and zoning laws, if any; 4.2 Such taxes-for the current year as are not due and payable on the date of delivery of such deed, and any liens for municipal betterments assessed after the date of this agreement; Purchase and Sales Agreeme" Nonh Farms Road, Florence Page 10 34 T " BUYER, after giving SELLER reasonable (not less than 24 hours) notice, has SELLER'S express authority to enter upon SELLER'S PROPERTY for the purpose of conducting surveys, drilling, testings, borings, and such other examinations as BUYER, in its reasonable discretion, deems appropriate. In the conducting of such surveys, tests, and the like, BUYER shall leave the PROPERTY in the same condition after the test as prior to the test, or as close as reasonably p i 35 BUYER CONTINGEN—CY BUYER shall use all reasonable diligence to obtain the appropriate and necessary municipal approvals for the Sub - Division of the Property. If BUYER cannot obtain such approvals and permits, despite having exercised all reasonable diligence, then BUYER may terminate this Agreement by giving written notice thereof to SELLER's attorney, MORSE & SACKS, at least 2 days prior to the Date of Closing. In the event of such termination, all deposits shall be refunded and thereafter neither party shall have any claim against the other, ether at law or in equity. 36 ZONING BUYER is hereby authorized in the name of the SELLER, or as contract purchaser of the PROPERTY, to apply for such zoning relief, including special permits, variances, exceptions, zone changes, or any other zoning relief or any other permits, including, but not limited to, building permits and curb out permits, whether issued by state, federal or local municipal and/or regulatory agencies, as BUYER, in the exercise of its broadest discretion, deems appropriate for its uses. Copies of all such filings shall be forwarded to SELLER. 37 CONTRACT The submission of this document for examination and negotiation does not constitute an offer to sell, nor a reservation of, nor option for, the Premises, and this document shall be effective and binding only upon the execution and delivery hereof by both SELLER and BUYER. �..- ...+ PtlrMwe and $aim Agreement Nonrb Farms Road, Florence Page 11 3 s $E GTsT. RED Tl= In addition to the foregoing, if the title to said promises is registered, said deed shall be in a form sufficient to entitle the BUYER to a certificate of title of said premises and the SELLER shall deliver with said deed all instruments, if any, o obtain such certificate of necessary to enable the BUYER t title. IN WITNESS WHEREOF, the said parties hereto have set their hands and seals in duplicate, on the day and year first above written. This Agreement may his executed in separate counterparts. Signed and sealed in the presence of Witness E zaboth A. olbrig, Seller Witness Jo phT+olbrisY, Seiler Witness Rose Hilger, sailor Witness Dorothy Sadlawski, Seller witness Kevin N. neat , Buyer ..Witness Barbara A. Buividae, Buyer Witness Denny Nolan, Broker *saw- lwoe Purchase and Sales Agreement North Farnu Road, Florance Page 11 38 E S RED TITLE In addition to the foregoing, if the title to said premises is registered, said deed shall be in a form sufficient to entitle the BUYER to a certificate of title of said premises and the SELLER shall deliver with said deed all instruments, if any, necessary to enable the BUYER to obtain such certificate of title. F the said IN WITNESS WHEREOF, parties hereto have set their hands and seals in duplicate, on the da y and y ear first above written. This Agreement may be executed in separate counterparts. signed and sealed in the presence of , Witness Witness Witness Witness Witness witness Witness Eli�abe'• 01b seller Joseph olbris, seller i Ro a Bilger, seller j Dorothy Sad Wski, seller Kevin W. Heaf ; Buyer Barbara A. Buividas, Byer Denny Nolan, Broker 10111194 M V "1 PP ANT /CONTA6 ERSON: -ADDRESS/PHONE: - "PROPERTY LOCATION: R1, MAP PARCEL: / ZONE Sf THIS SECTION FORAFFICIA.L USE ONLY: PERMIT APPLICATION CHECKLIST FPP Pairf Tyro of rnnctrvirtinn- ENCLOW REQUIRED DATE rvPw i nncrrnrrrn i RPmnrlPlinv T� ntPrin Arfrfitinn to Rrict ArrPccn Ctrnrtnrp nilrfin4 Plan Tnelvidpd- O wner/ rriinan Ctatvmvnt nr T irPnea: I CP tc Of Plane / Plo Plan I THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION: Approved as presented/based on information presented Denied as presented: a 1 Special Permit and/or Site Plan Required under: § o ► ' / L 1 C' � /U j PLANNING BOARD ZONING BOARD Received &Recorded at Registry of Deeds Proof Enclosed Finding Required under: § w/ZONING BOARD OF APPEALS Received & Recorded at Registry of Deeds Proof Enclosed Variance Required under. & w/ZONING BOARD OF APPEALS Received & Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Septic Approval -Bd of Health Well Water Potability -Bd Health P gtt f r oDi on' e a ' Co Signature of Building ector Water Availability Sewer Availability it z2 � ate NOTE: Issuanoe of a zoning permit does not relieve an applioant's burden to oompty with all zoning requirements and obtain all required permits from the Board of Health, Conservation Commission, Department of Publio Works and other applioable permit granting authorities. BOARD OF ASSESSORS .. ASSESSORS Joan C Sarafin, MAA., Chairwoman + _Telephone -'- '. Robert C Busch er, Secretary - Edwin M. Padeck t WALLACE J. PUCHALSKI MUNICIPAL BUILDING 199 212 Main Street Northampton, MA 01060 t L=k_-7L':jL_j U L -IL TO: THE NORTHAMPTON BOARD OF ASSESSORS FROM: ,� LoL� - A� A` S -- (Individual or Company Name) ( �1 a( A-� --rte W AA t JJ PHONE DATE: 1 4 K) 131 � 1 ' INE REQUEST FROM THE BOARD OF ASSESSORS, ABUTTERS LISTS FOR THE PROPERTY LOCATED AT l 8 (%O��yv� THE MAP AND LOT NUMBER(S) OF THE ABOVE PROPERTY ARE Z '•'— T - �:� -: THE NAME OF THE BOARD(S) - REQUESTING THIS LIST ISx �•K�L '• t�l•.� ��•.�.� �. Al V \• �'� n ( Y� .il�l."�l�' ••\F��M�� 3. THE LIST IS REQUIRED FOR THE FOLLOWING PURPOSE: aN' • - S PeC �-c . �e a2 wt i ^�2�. T �L,i4 N.IV t N G- -THE NUMBER OF COPIES OF THE LIST REQUIRED IS I UNDERSTAND THAT BOARDHAS UP TO SEVEN (7) WORKING DAYS IN WHICH TO COMPLETE THE LIST: REQUESTED, AND WILL HAVE AN ADDITIONAL SEVEN (7) WORK— .- ING DAYS FOR EACH SUBSEQUENT REQUEST. I. FURTHER UNDERSTAND THAT I AX RESPONSIBLE FOR ANY ERRORS CONTAINED HEREIN. (Signature of Applz nt,�' DATE LIS WAS COMPLETED /3 — ?7 *IF YOU ARE UNSURE OF THE BOARDS REQUIRING THE ABUTTERS LISTS OR THE NUMBER. OF LISTS REQUIRED 'PLEASE CONTACT THE APPROPRIATE DEPARTMENT. gffm OR /5m Ions to= DE RATION OF RESTRI - CTIONS AND WJNTENANCE COVEftMI&FOR. REAL ESTATE ON THE WESTERLY SIDE OF NORTI3 FARM ROAD. H_QUHAMPTO HA MPSHIRE CO UNTY, THIS DECLARATION made this fG L day of October, 1997, by Kevin W. Heafey and Barbara A. Buividas and Roy Giangrcgorio and Patricia Giangregorio, all of Northampton. Hampshire County, Massachusetts. hereinafter referred to as the "DEVELOPER ", and their heirs, successors and assigns, who are the owners of the real estate herein involved_ WHEREAS the Developer is desirous of creating an attractive residential community encouraging harmonious and pleasing homes, assuring a high quality of community appearance and providing and insuring the preservation of the values created in said community: and WHEREAS the Developer intends to establish a Homeowners Association for this project as a covenant which is to run with said real estate which shall be binding upon all persons or parties and persons claiming under said parties: and WHEREAS the Developer intends, in furtherance of a plan for the improvement and sale of real estate described below, to sell said real estate, or any portion thereof, and such real estate shall be sold, conveyed and occupied subject to the Restrictions, Covenants, agreements. conditions and charges, as hereinafter set forth; NOW, THEREFORE the Developer declares that the real property described in Section I is and shall be held, transferred, sold, conveyed, and occupied subject to the following restrictions and covenants which shall bind each and every lot described in Section I and which shall run with and benefit the Land. SECTION I SUBJECT PROPERTY The land situated in Northampton, Iampshire County, Massachusetts. off Rustlewood Ridge and North Farms Road, being Lots 1, 2, 3. 4, 5, 6. 7 and 9 as shown on plan of land entitled "Plan of Land in Northampton, MA, Prepared for Kevin W. Heafey, et als" dated January 14, 1997 prepared by IIarold L. Eaton & Associates, Inc. and recorded with the Hampshire County Registry oI' Dccds in Plan Book / _, Page 163 . SECTION jI RESTRICTIQ_N$ 1. RESIDENTIAL USL: The land included in said development shall be used for residential or non - commercial purposes only. No mechanical, mercantile, or manufacturing trade or business other than the practice of a profession and then only Doc: 910023 50 OR 15MI 091 14/1W2710 :49 within the dwelling house and subject to Zoning Board approval on the lot shall be carried out on or upon any lot. In no event shall the premises be used for any purpose which may be or may become an annoyance or nuisance to the neighborhood. No residential structure other than one single family dwelling shall be erected or placed on any lot. Attached or detached garages for not more than four (4) cars, together with accessory non - residential structures such as greenhouses, tool sheds, storage barn, pools and fencing shall be permitted, but only if and so long as they are used in connection with a dwelling house. 2. RESIDENCE SIZY STYLE: As to lots 1. 2, 3, and 5, dwellings shall contain not less than two thousand five hundred (2.500) square feet of framed living area. As to lots 4, fi. 7 and 9, dwellings shall contain not less than 2.000 square feet of framed living area. Living area is defined as year- round, heated living space located above grade. excluding porches, breezeways and garages. 3. LOCATION OF STRUCTjI$]j;$_ ON A LOT: No residence, garage or allowed accessory outbuilding, pool or tennis court, or other structure, shall be erected on a lot nearer than forty (40) feet to any border of any building lot, 4. BUILDIN APPROVAL: No building, fence, wall, or other structure shall be erected, placed or altered. on any lot, nor shall any native growth on the lot be permitted to be destroyed, cleared, removed, and /or pruned for the placement of any building, fence. wall or other structure, or for the purpose of attaining or enhancing a scenic view or solar gain, until the construction and other plans and specifications showing the nature, kind, shape, height. materials, floor plans, color scheme and the tree rutting, native growth clearing, and grading plan for the lot to be built upon. have been submitted to and approved in writing by the Developer. The Developer shall have the right to refuse to approve any such plans, specifications, or vegetation and tree clearing and grading plans which are not suitable or desirable, in their opinion, for aesthetic or other reasons. In so passing upon such plans, specifications, etc., the Developer shall take into consideration the suitability of the proposed structure and materials to the site, including, but not limited to. harmony with the surroundings and effects on the outlook from neighboring properties. Said submission of plans shall include, but not be limited to: (a) A plot plan of the lot showing the locations of the proposed construction: (b) Building plans, including drawings which show the elevation of the proposed construc- tion; (c) A description of the exterior materials and colors: (d) Landscaping plans, including but not limited to tree cutting and pruning and brush clearing plans; and (d) The owners' proposed construction schedule. The Developer shall provide written approval of said plans suitable for recording. In the event the Developer fails to approve or deny a proposed structure within forty-five (45) days after receiving full proposal as described above, the proposal shall be deemed approved. �4 Or 9700BB OR 15W10092 10116/199110:49 5. SIDIN : No vinyl siding, tar paper siding, asphalt siding, aluminum siding, log siding, plywood siding. Texture 111 siding, roll brick or similar materials may be used as siding on outside walls of any structure on any of the above- referenced lots. 6. REMOVAL AND DIM RDANCE OF FM=: During the approved construction, tree cutting and vegetation removal and /or landscaping phase, earth. gravel, rock and other constituents of the land formation may be removed and /or excavated from the lots provided that such removal and /or excavation is done in a manner which preserves as closely as possible the contour of the property and does not create problems of water, soil erosion or related matters. 7. NATIVE GROWTH: The native growth of the property shall not be permitted to be destroyed or removed, except as provided in writing by the Developer as hereinabove stated_ In the event of a violation by any lot owner, the Developer may require the planting or replacement of the vegetation destroyed, the cost thereof to be borne by the owner of such lot responsible for the removal, and a lien equal to the replacement cost of the destroyed vegetation may be placed on the property of the owner of the lot violating this regulation until corrected to the satisfaction of the developer or the homeowners association. Tltc only tree cutting permitted shall be for the construction of the dwelling house, including accessory structures and accessory uses such as lawn, garden and for access thereto. Any approved tree removal shall be selective in nature and conducted in accordance with good forestry practices directed at improving the quality of the woodlands and enhancing the natural beauty of the development. After the construction phase, the future cutting of trees within the development for the purpose of either enhancement of scenic view or solar gain must be approved in writing by the Developer, if the Developer still owns lots within the development, or by the homeowners association in the event most lots have been sold. No commercial harvesting of forest products shall be allowed. and "clear cutting" and other "de- nuding" practices shall be prohibited. S. INCOMPLETE DWELLINGS /GRADING AND LANDSCAPING: The exterior of any building erected on a lot and the landscaping and grading in connection therewith, shall be completed within twelve (12) months after commencement. g. XIWLERS. TENTS, MO$ss,E HOMES. EM: No structure of a temporary nature, trailer. mobile home, basement, tent, shack, garage, barn or other out building shall be used on any lot at any time as a residence, either temporarily or permanently. 10. SIGNS No signs shall be erected or maintained on any lot except: (a) Such signs as may be required by law: (b) A residential identification sign having a total face area not larger than one hundred forty-four (144) square inches; (c) During the lime of construction of any building or other improvements, one (1) job identification sign not larger in area than three (3) square feet: (d) A "For Sale" sign of reasonable type size and appearance, but only if attached to the building or free - standing, and not to exceed six (6) 3 Doe, 97DE350 OR /5277/0093 10/16/199110,49 square feet in area. 11. FENCES: No fences shall be allowed on any lot, except for fences required by law. i.e. around swimming pools, or for domestic pets or a fenced area for horses or ponies. Any fence shall not exceed six (6) feet in height and shall not be allowed within fifty (50) feet from any lot boundary line or any casement location within the development. A fence exceeding six (6) feet up to a maximum of ten (10) feet shall be allowed around any approved tennis court, subject to the restriction that such fence shall not be within fifty (50) feet of any lot boundary line or any easement location within the development. 12. ANIMALS. LIVEST CS. ETC. No animals, livestock, birds, or poultry of any kind shall be raised, bred, or kept on the property except that dogs, cats, or other usual household pets may be kept on lots provided that they are not kept. bred, or maintained for commercial purposes, and do not become a nuisance to other owners and occupants. A maximum of two (2) horses and /or ponies are allowed provided that they are not kept, bred, or maintained for commercial purposes and do not become a nuisance to other owners and occupants. 13. C&2.BAGE CANS. RUBBISH DUMPING. CLOTHESLINES No lot shall he used as a dumping ground for trash, rubbish, garbage or hazardous materials. All clotheslines, equipment. trash containers, service yards, wood piles, and storage piles shall be kept screened by adequate planting or approved fencing so as to conceal them from the view of neighboring residences and common driveways, except during such necessary periods as when said trash containers are made available for collection. All rubbish, trash and garbage shall be regularly removed from the premises and shall not be allowed to accumulate thereon. No dead trees or heavy brush of any kind shall be placed or permitted to accumulate upon or adjacent to any lot which will or may render the same or any portion thereof unsanitary, unsightly, offensive, or otherwise detrimental to any other lot. 14. NUISANCES No noxious or offensive activities shall be carried out, on or upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 15. LOCATION OF U TELITIES : The furnishing of all utility services to each lot shall be by means of underground installation. No underground storage of petroleum oil, gas or other substances, harmful to the environment shall be permitted. The burial of propane tankb shall be allowed. 16. MANICU LAWNS The total coverage for all lots in the development, i.e. lots 1, 2. 3. 4, 5, 6, 7. and 9 for a manicured lawn shall not exceed twenty thousand square feet of the total lot area. 17. CLEARIN TRE CUTTING: Clearing and tree cutting and shrub and vegetation removal on any lot for the purpose of constructing buildings, pools, tennis courts, and manicured lawns, exclusive of common driveways, driveways, easement 4 Ibc: VV33% OR 1522YOOgq 10/16/199110 :49 locations, leachflelds, and pipes to leaehfields, shall not exceed the following percentages for the following lots: (a) Twenty percent (20%) for lots 1. 2. 3 and 5. (b) Twenty -five percent (25 %) for lots 4. 6 and 9. (c) Not applicable for lot 7. 18. LAIiCAR PESTI ETC. No commercial lawncare shall be allowed within the development including but not limited to no commercial application of herbicides. pesticides, fertilizers, chemical compounds, and other materials or substances for the purposes of lawncare, weed control, etc. 19. SEPTIC TANK PUMPING: Each lot owner shall have the septic tank servicing his or her property pumped at least once every three (3) years. SECTION III HOMEOWNERS AS SOCIATION 1. MEMBERSHIP The owners of lots 1. 2. 3. 4. 5, 6. 7, and 9. as shown on the plan hereinabove referred to. shall be members of the Association. Membership shall be appurtenant to and may not be separated from ownership of any of the above lots. (a) Votln¢ The Association shall have two (2) classes of voting members as follows: (i) Class A . Class A members shall consist of all iot owners, with the exception of the developer, and shall be entitled to one (1) vote for each lot owned. When more than one (1) person holds interest in the given lot, all such persons shall be members and the vote for such lot shall be exercised as they may determine among thernselves. In no event shall more than one (1) vote be cast with respect to any lot owned by Class A members. (ii) Class B . Class B shall consist of the developer who shall be entitled to exercise one (1) vote for each lot owned. Class B membership shall terminate and cease to exist at such time as the developer has conveyed all of the lots hereinabove stated. (iii) Common D rjyMMays . Any matters pertaining to the common driveways as shown on said plan shall be controlled and voted upon only by those owners whose lots are directly connected by said common driveways, that being owners of lots 2. 3 and 5. The owners of lots 1, 4, 6, 7 and 9 shall not be entitled to any control and /or vote affecting the common driveways and easement areas along said common driveways. (b) Authority of th e Class A and B Me mbers : The authority of the Class A and B members shall include. but not be limited to the following: (i) To elect a secretary of the association to handle the administration of the restrictions and covenants contained herein. (ii) To establish such rules and regulations as the Association may deem appropriate in order to manage, maintain, improve, repair and restore the common driveways and easements along the common driveways and to oversee the covenants and restrictions pertaining to the individual lots and W_ BE: WS OR 1522Yl0095 1QQ199110:49 lot owners. (iii) To oversee the management, maintenance, improvement, reparation, and restoration of the common driveways and easements as shown on the plan hereinabove referred to as a group or in the alternative. to be responsible for arranging for the proper maintenance, reparation and restoration of same. The City of Northampton has no responsibility for the maintenance of the common driveways and /or easement areas. (iv) To determine and assess expenses for the development for the management of the development and for the maintenance, improvement, reparation, and restoration of the common driveways and easement areas; and to collect any common charges from the lot owners as assessed by majority vote of the Association,with the limitation that only those owners of the lots serviced by the common driveways and easement areas shall vote pertaining to any assessment and shall pay any assessment of common charges per- taining to same.The owners of lots 1, 4, 6, 7 and 9 shall not be involved in the vote or payment of common charges for the maintenance, reparation, restoration or improvement of the common driveways and easement areas. (v) To control and expend the funds collected under (iv) above. (vi) To approve or disapprove the written request by any lot owner for the post construction removal of trees, native growth, planting and vegetation and /or the pruning or thinning of trees for the construction of an accessory structure and /or for the purposes of enhancement of scenic views and /or solar gain. The Association shall have the right to refuse to approve any such request which it deems is not suitable or desirable for aesthetic or other reasons. in the event such request is approved by the Association, the Association, through its duly authorized secretary, shall provide written approval of such proposal suitable for recording with the Hampshire Registry of Deeds. Majority vote shall control in all cases except as herein specifically stated. (c) j'rouerty and I,iaLWty Insuranc@ for Common Drivew%y: The Association shall be required to purchase and maintain property and liability insurance for the common driveway with minimum limits of $500.000.00 for property damage and $1,000,000.00 for liability and shall list the owners of Lot i as co- insureds or additional insureds on said policy. In addition. the Association shall hereby agree and be bound to indemnify and hold harmless the owners of Lot I from any and all liability arising from the constnietion, maintenance, use, etc. of the common driveway and the sewer and utility easements which traverse Lot 1. The owners of Lot i shall have the absolute right to enforce the provisions of this section pursuant to SECTION V1 I hereinafter listed. SECTION 1V ASSESSMENTS The Developer hereby covenants for each lot within the Development and each lot owner is hereby deemed to covenant by acceptance of the deed for such lot, to pay to the Association special or annual assessments for enforcement of these restrictions and Doc: 97OO23350 OR /512210096 101161394110,49 covenants contained herein and, only for owners of lots 2. 3, and 5, for the maintenance, improvement, reparation, and restoration of the common driveways and easement areas. Such assessments shall be established and collected by the Association_ Notice of assessment shall be sent to every lot owner subject thereto by the secretary of the Association. Enforceability of the assessment and collection of assessment shall be as hereinafter provided. SECTION V DEVELOZZR'S ERE +Z UION FROM COVENANTS The foregoing covenants shall not apply to the business activities of the Developer, their successors or assigns, during the construction and sale period. nor shall they apply to residential tots which are owned by the Developer and which remain unimproved. SECTION VI WAIVERS The Developer or their duly authorized delegate shall have the right to waive, alter, or amend any of the foregoing restrictions and covenants in particular cases in the event that it becomes necessary or equitable to do so, and the Developer or their delegates shall be the sole judge as to the propriety of such waiver, alteration or amendment. Any such waiver or any failure to enforce the restrictions herein shall not be deemed a waiver of the right to enforce the restrictions thereafter. The Developer's right under this paragraph shall expire upon the earlier occurrence of M the sale of all lots, or (ii) January 1, 2000. SECTION VII EN�QS CEMENT PROVISIONS 1. Right to Erifprce. The right to file an action in equity or at law with the courts of the Commonwealth of Massachusetts arising under the restrictions and covenants contained herein, including votes and assessments and rules and regulations of the homeowners' association, shall be held by the Developer, by the owner of any lot in the development, and /or by the homeowners' association. The prevailing parties shall recover reasonable attorneys' fees and costs incurred in such action. 2. Enforcement M rAbod : Enforcement of these restrictions and covenants as hereinabove outlined shall be by any proceeding at law or In equity against any person or persons violating or attempting to violate any restriction or covenant, including the collection of common charges by the homeowners' association, either to restrain such violator or attempted violation or to recover damages against any person or persons violating or attempting to violate these covenants and restrictions or to collect such common charge assessments as validly enacted by the homeowners' association. SSCTI VIII MISCELLANEO S 1. Duratip and Bindin Effect The covenants and restrictions of this 7 Doc; 9100Y3356 CR 6Y12/009I 10l16A941 10:44 Declaration shall run with, and bind the land and shall inure to the benefit of the Developer, their successors and assigns, and all lot owners, their successors and assigns, for a period of twenty -five (25) years from the date this Declaration is recorded with the Hampshire Registry of Deeds, after which time said Declaration shall be automatically extended for successive periods of ten (10) years unless an instrument, signed by all of the owners of lots 1, 2, 3. 4, 5, 6, 7 and 9, has been recorded agreeing to change said Declaration in whole or in part. 2, 5nmrabili1y invalidity of any one of the covenants or restrictions by Judgment of court or otherwise shall in no wise affect any other provisions, each of which shall remain in full force and effect. 3. Developers' E )Omntion f= Liability: Under no circumstances shall the Developer, their heirs. successors or assigns, be held responsible for any violation of the reservations and restrictions by any lot owner, or for any waiver of restrictions the Developer may choose to grant, and each owner of a lot in the development, by acceptance of a deed thereto. assents to the written provisions and he, she or they and his, her or their heirs, personal successors and assigns, shall be bound hereby. IN WITNESS wung] OF; the undersigned Developers have hereunto set their hands and seals the day ari d first above written. .. . ...1' Signed in the presence of or Y Witr ss BTJMDAS .� Witness GREGORIO Witness / P TRI�'A GIANGREGORIO d COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. October Ll , 1997 Then personally appeared the above -named KEVIN W. HEAFEY. BARBARA A. BUMDAS, ROY GIANGREGORIO and PATRICIA GIANGREGORIO who acknowledged the foregoing instrument to be their free act and deed, before me RF FA. Walaszek - Notary Public My commission expires August 24, 2001 8 ATTEST: '13MSSIRE, .V_+ . RZGIST MARSAMM L. DONOa