15-016 352 Spring St. Forest Cutting PlanDivision of
Forests & Parks
TOR D.E.M. USE ONLY
A TTACHMENTS
Master Map Date Received 17_
Steep Slope Form(SS) Locus Map f File Number NS Q�7~
Wetlands Fbrm (WL) Special Maps
PLEASE PRINT OR TYPE
TOWN Northampton ROAD Spring Street
LANDOWNER Harris Thompson ADDRESS 352 Spring St.,North ton TEL 586 -5926
OPERATOR ADDRESS TEL
AR ESTING LICENSE NUMBER ;EST. DATE CUTTING TO BEGIN
EN State Forest ServiceADDRESS 115 Nash Hill Rd.,Haydenville 01039 TEL 268 -3288
S CUT 22 ;VOL.CUT: BOARD FBET 46,040 ;CORDS 66
TREE FARM NUMBER (OPTIONAL)
DESCRIPTION OF AREA TO BE CUT
1. FOREST TYPE: A OR04 B WON4 C D
2. ACRES: A 16 B 6 C D
(ENTER APPROPRIATE STAND LETTER(S) FOR NOS. 3 4, 6 5)
3. PURPOSE(S) OF CUT: HARVEST AB ;IMPROVEMENT ;SALVAGE ;WILDLIFE HABITAT
IMPROVEMENT ;AESTHETIC OR RECREATION ;WATER MANAGEMENT ;OTHER
4. SOURCE OF REGENERATION: ADVANCE GROWTH B ;SEEDING FROM CUT TREES AB ; SPROUTS
AB ; SEEDING FROM SURROUNDING/ RESIDUAL STAND PLANTING ; DIRECT
SEEDING ;OTHER
5. HARVEST SYSTEM USED: SELECTION CUT ;SHELTERWOOD CUT AB ;SEED TREE &T ;
COPPICE ;COPPICE WITH STANDARDS ;CLEARCUT ;SALVAGE CUT ;
SPECIAL HARVEST CUTTING (ATTACH EXPLANATION) ;INTERMEDIATE CUT
6. DESIGNATION OF TREES.TO BE CUT: INDIVIDUALLY MARKED AB * ;AREAS TO BE CLEARCUT
DESIGNATED BY MARKED TREES OR FLAGGING OF BOUNDARY A ;OTHER (SPECIFY SPECIES,
DIAMETER, SIZE, & MARK BOUNDARY) .*NOTE: Boundary of Type A flagged and triple -
ETC.) striped. Blue marked trees to leave, unmarked and oranged marked to cut. Site prep
7. ESTIMATED VOLUME BY SPECIES: BOARD FEET, CORDS OR PERCENTAGE (OPTIONAL)
WHITE PINE ASH 205 HICKORY
RED PINE ASPEN 46()0 SUGAR MAPLE
PITCH PINE BEECH RED MAPLE 925
HEMLOCK WHITE BIRCH 4485 RED OAK 21,130
SPRUCE YELLOW BIRCH 60 WHITE OAK 510
OTHER SOFTWOODS BLACK BIRCH OTHER OAK ' S -13.425
LOGGING AND ENGINEERING
BLACK CHERRY OTHER 700
8. MEASURES PLANNED TO CONTROL EROSION (CHECK): ROADS LANDING
a. LAY OUT AND CLEAR ROADS IN ADVANCE XXXXXXX
b. LAY OUT AND CLEAR MAIN SKID ROADS IN ADVANCE �_ XXXXXXX
C. WATER BARS
d. HAY IMPOUNDMENTS
e. SEEDING DISTURBED SOIL
f. REPAIRING RUTS _�_
g. CULVERTS X.YXXXXX
h. BRIDGES XXXXXXX
i. CROSS STREAMS AT RIGHT ANGLES _6/ _ XXXXXXX
j. STOP SKIDDING DURING MUDDY CONDITIONS 16- _AVOW
k. OTHER:
*SEE FOOTNOTES a., b., & d. ON THE REVERSE SIDE
A ( )�
1 Notice of Inteat / Forest Cutting Plan
KG.L. Ch. 1$2. Secs. 4046)
Page 1 of 5
Page =. of S
9. a. WIDTH OF BUFFER STRIPS ALONG PUBLIC WAYS: 50 FT. N A :100 FT.
b. WIDTH OF BUFFER STRIPS ALONG WATER BODIES: 50 FT. ,100 FT.
c. PLAN TO CUT LESS THAN 50% IN BUFFER STRIPS: YES &/ ;NO
SHOW LOCATIONS ON ANY SUPPLEMENTARY MAPS ATTACHED TO FORMS WL AND SS.
10. MEASURES TO CONTROL MUD ON PUBLIC HIGHWAYS:
a. GRAVEL OR MULCH ACCESS ROAD ; b. STOP TRUCKING DURING MUDDY CONDITIONS_;
c. CLEAN MUD FROM HIGHWAYS
11. ARE CRITICAL AREAS INVOLVED?
a. WETLANDS: YES'; NO . IF YES, COMPLETE FORM WL.
.b. STEEP SLOPES (OVER 30% FOR 200 FT.): YES ; NO_JI. IF YES, COMPLETE FORM SS.
12. CHECK IF LAND IS UNDER CHAPTER 61 or CHAPTER 61A
MANAGEMENT PLAN NO. ;EST. STUMPAGE VALUE $
ARE BOUNDARIES WITHIN 50 FT OF CUTTING AREA PAINTED /BLAZED? YES ; NO
13. REMARKS /COMMENTS: j�#-I F , EL4> diST;8- 1?,-91
Site prep for natural regeneration in Type A. Trees to leave marked with blue paint.
Main skid road and brook crossing flagged with blue ribbon.
Access through Armory on existing road by permission.
14. SIGNATURE OF PERSON REPARING T PLAN IF OTHER THAN NDOWNER:
SIGNATURE ..Z C.. �' CI• _ DATE zlc � ` y 5 /
15. SIGNATURE S OF LANDOWNERS(S):
WARNING: THIS PLAN ONCE SUBMITTED BY THE LANDOWNER AND NOT DISAPPROVED BY THE
DIRECTOR HAS THE FORCE OF LAW; AND FAILURE TO FOLLOW THE PLAN AND THE LOGGING AND
SKID ROAD STANDARDS OR FAILURE TO COMPLY WITH THE SLASH LAW M.G.L. CHAPTER 48
SECS. 16 6 16A) MAY MAKE THE LANDOWNER AND/OR TIMBER HARVESTER SUBJECT TO THE
PENALTIES BY LAW.
I(WE) HEREBY CERTIFY THAT I(WE) HAVE THE LEGAL AUTHORITY TO CARRY OUT THE ABOVE.
DESCRIBED OPERATION. FAILURE TO ACCURATELY UPDATE THE MATERIAL HEREIN REQUIRED AND
PROVIDE OTHER RELEVANT INFORMATION CAN RESULT IN THE 0 DING OFT S�PLAN.
DATE �9y LANDOWNER SIGNATU Nom �—
PLAN APPROVED X DATE
PLAN DISAPPROVED DATE
THIS APPROVAL IS OF ONLY THE CUTTING PLAN AND IN
RIGHT TO CARRY OUT TRF DESCRIBED OPERATION.
S -14 -91
NO WAY DETERMINES THE
(f _ Q
FILE (WORK ORDER) NO. �-y'�2 % DIRECTOR'S AGENT' - FORESTER SjAt�-UKE�
EXPIRATION DATE < �_ Tu=_ 1991 Eb• "ATtps of c'SZ)MJ►�rr4 1►elsi'f °Cs -IF
�•RE w£'[tJ. - +�S w�w�.�Tr -'." L�r.S ��£r+ �u«�7'
PLAN COMPLETION DATE EXTENDED TO
DATE
DIRECTOR'S AGENT - FORESTER
*********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
IMPORTANT: a. IT SHALL BE THE LANDOWNER'S RESPONSIBILITY TO INFORM THE DIRECTOR OR HIS
AGENT OF INFORMATION LEFT BLANK ON THE FORM INCLUDING THE OPERATOR'S NAME AND LICENSE
NUMBER AND ANY SUBSTANTIAL CHANGE IN THE DATE THE CUTTING IS TO BEGIN. FAILURE TO DO SO
MAY RESULT IN VOIDING THIS PLAN. b. PERSONS HARVESTING FOREST PRODUCTS COMMERCIALLY IN
MASSACHUSETTS MUST BE LICEN6ED UNDER SEC. 46, CH. 132 OF THE GENERAL LAWS, AND ARE HELD
RESPONSIBLE FOR QOMPLYING $TRICTLY WITH A SUBMITTED /APPROVED CUTTING PLAN. c. IF AN
AGENT IS APPOINTED, A WRITTEN AUTHORIZATION MUST ACCOMPANY THIS PLAN AND MUST BE SIGNED
BY THE AGENT AND THE PRINCIPAL (LANDOWNER). d. A LOCUS MAP AND MASTER MAP ARE REQUIRED
(SEE INSTRUCTIONS).
Division of
Forests & Parks
...e
Page 3 of 5
File Number HS l - f 2T
Massachusetts 1 Fo Practices Act FORM WL
1. THE FOLLOWING WETLAND SITUATIONS EXIST: (check those used)
FC. ream crossings (indicate locations on map by number Method of Crossing Is Structure
Map Ford Bridge culvert Other(describe) permanent temporary
A -1 ✓ ✓ P64 E d
A -2 SEEDED
A-3
A -4
B. CROSSING of wetland areas (swamps, land subject to flooding, bordering
vegetative wetlands, etc.)
To Be Done When Ground Is:
# Loc. on Map Dry Frozen Special Provision (see #4 ) If crossing
B -1 is by a cause -
B_2 way, then de-
B -3 scribe on a
B -4 separate sheet
C. LOGGING of wetland areas (swamps, land subject to flooding, bordering
vegetative wetlands, etc.)
To Be Done When Ground Is:
# Loc. on Map Dry Frozen Special Provision (see #4)
C -1 NOTE: Not over
C -2 50% of Basal
C -3 Area may be cu
C -4 at one time.
2. MAPS In simple situations, wetlands and operations may be shown on the master
map. More complex situations may require a supplementary map to accompany this
form. In any event, the following items must be clearly shown:
A. All wetland areas in and around the area to be operated.
B. Filter strips 50 feet wide along all water bodies.
C. Portions of filter strips to be crossed by logging equipment (see 3 below)
D. Buffer strips of 50' or 100' along all water bodies (see cutting plan #9).
E. Location of truck roads, landings, or main skid roads (including stream
crossings by ford) located within the wetland areas.
F. Location of water control structures such as bridges, culverts, hay
impoundments and sections of roads needing water bars.
G. Is a supplementary map attached? Yes ; No le"' .
3. Specific reason(s) for operating logging equipment 'within filter strips:
Crossing at A -1 necessary for access.
4. If crossing or logging of wetland areas is to be done by special provision see
I.B. or C. above), describe: a.) The special provisions; and b..) why the operation
is not feasible when soil is dry, frozen or otherwise stabl
NOTE: DO NOT REFUEL OR CLEAN ANY EQUIPMENT WITHIN 100 FEET OF A WETLAND AREA!
Date C .L�� yP1 Landowner Signature
* * * * * * * * * ** * * * * * * * **
APPROVED
DIRECTOR'S AGENT IL FORESTER
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Lincoln C. Fish - _ 1 15 Nash Bill
liaydenville, MA 01039
BAYSTrTE 413- 268.3288
FORM TRYSERVICE
APPOINTMENT OF AGENT
As owner of record of certain land in the Town of Northampton
County of Hampshire , Commonwealth of Massachusetts, which
land is devoted to the growth of forest products, I hereby designate
Lincoln Fish of Williamsburg , Massachusetts to act
as my agent for the purpose of handling a forest products sale and
harvesting transaction estimated to begin February 15 , 19 91 and to
continue until further notice and to execute all necessary applications and
documents required by law. I understand however, that the statutes,
including criminal fines, continue to apply to me as the landowner
of record.
1
Landowner (Sign ure)
./I pp-v� *--P-
Mai in Address
�.I .
ACCEPTANCE OF AGENCY
I Lincoln Fish of Williamsburg
Massachusetts accept the foregoing designation of me as agent in the
above matter and certify that I am familiar With the Forest Cutting
Practice Law (CH 132 MGL 40 -46) and the Slash Law (CH 48= 16 & 16A)
and the licensing application and notice requirements set forth therein
and do undertake to perform the tasks assigned me in comformity with
law.
Name (Signature)
115 N ash Hill Road
Mailing Address
itaydenville, MA 01039
,, _
Lincoln C. Fish - 11 Nash Hill
fiapdenville, MA 01039
�AYSTATE 413.268 -3288
B T6RF. AYSERVICE
APPOINTMENT OF AGENT
As owner of record of certain land in the Town of Northampton
County of Hampshire , Commonwealth of Massachusetts, which
land is devoted to the growth of forest products, I hereby designate
Lincoln Fish of Williamsburg , Massachusetts to act
as my agent for the purpose of handling a forest products sale and
harvesting transaction estimated to begin February 15 , 19 91 and to
continue until further notice and to execute all necessary applications and
documents required by law. I understand however, that the statutes,
including criminal fines, continue to apply to me as the landowner
of record.
1
Landowner (Sign ure)�
A i in Address
ACCEPTANCE OF AGENCY
i Lincoln Fish of Williamsburg
Massachusetts accept the foregoing designation of me as agent in the
above matter and certify that I am familiar with the Forest Cutting
Practice Law (CH 132 MGL 40 -46) and the Slash Law (CH 48; 16 & 16A)
and the licensing application and notice requirements set forth therein
and do undertake to perform the tasks assigned me in comformity with
law.
9a e (Signature)
1 15 Nash Hill Road
Mailing Address
itaydenville, MA 01039
12/29/99 15:27
1294185871264 NORTMNPTON. YA
FORMA
NORTHAMPTON, MA
APPLICATION FOR EMORSEMENT
OF PN BELIEVED NOT TO REQUIRE APPROVAL
File seven co LA
mplctcd forms and plans and Q= mylar with t
the requirements of Section 3.02. he City Clerk and the planning Board in accor dance with
I (we) believe that the attached plan of p � o c
meaning of the Subdivision Control Law m the City of N ort h ampton
Planning Board approval under the Subdiviis on Control submits
.aw is said plan tczm 1/ 1 to division within the
plan f._ a icrmina ' nand endorsement that
I i
1 Applicant (print or type): New Harmony Properti
Wgna re•
Address: 48 Bates St. Northampton -----
Phone:
2. Owner (print ortype); s & Juli Thompson Si
$t tune:
Address:
-,I-" TTnrrh�M ton 586 - 5026
Phone:
3. Sp ey "(printortype):Harold Eaton & Assoc. Signature
Address u `Hadley 584 - 7599
Phone•
4 . Deed or property recorded in Hampshire County Registry of Deeds or Land Court:
Book 140
Land court book 12 page 59
S. Location and Description of Property:
Land on west side of Spring St.
6. Assessor's Map ID: 15 Lot(s): 16 & 19
16 C
Date Submitted for Planning
Board Approval: Date Plannin
Decision F' 0
City Clerk (signature):
(08/12199) City Clerk ( stgnature):
SUBDIVISION REGULATIONS
FORMA
NORTHAMPTON, MA
APPLICATION FOR ENDORSEMENT
OF PLAN BELIEVED NOT TO REQUIRE APPROVAL
File vse en completed forins and plans and = mylar with t City Cie& and the Planning Board in accordance with
the requirements of Section 3.02.
I (we) believe that the attached plan of property in the City of Northampton does t constitute division within the
meaning of the Subdivision Control Law, and herewith submits said plan for a d o
Planning Board approval under the Subdivision Control Law is not requited. M end rsement that
1 ' Applicant (print or type): New Harmony /
Properties, Inc. Signa
Address: tt>�e
48 Bates St. Northam ton \
Phone:
2. Owner (print or type): SAME
Signature:
Address:
Phone:
3. Surveyor (print or type) Harold L Eaton &
Associates Inc. Signature. t
Address: 235 Russell St
d MA 01039 Phone: 584 - 7599
4• Deed or property recorded in Hampshire Count Registry of Deeds or Land Court:
Book 5864 p age 243
Land Court Book 18 Page 31
5 . Location and Description of property:
West Side of Spring Street.
6. Assessor's Map ID: 16C Lot(s): 1 & 2
15 19 —
Date SubmittA a
Board Date Planning Decisio
City Cle (�8/I 2 ) City
SUBDIVISION REGULATIONS ---
FORMA
NORTHAMPTON, MA
APPLICATION FOR ENDORSEMENT
OF PLAN BELIEVED NOT TO REQUIRE APPROVAL
File sswcn completed forms and plans and = mylaz with th City Clerk and the Planning Board in accordance with
the requirements of Section 3.02.
I believe that the attached plan of property in
mean the City of Northampton does t constitute division within the
ing of the Subdivision Control Law, and herewith submits said plan for a d o
Planning Board approval under the Subdivision Control Law is not required. l en�prsement that
l Applicant (print or type): New Harmony
Properties, Inc. Sil
Address:48 Bates St. Northampt
2 . Owner (print or type): SAME
Signature:
Address:
Phone:
3 . Surveyor (print or type): Harold L Eaton &
Signature:
Associates Inc.
Address: 235 Russell St Ha lP MA ninzs
Phone: 584 - 759
4. Deed or property recorded in Hampshire County Registry of Deeds or Land Court:
Book 5864 p age 243
Land Court Book 18 Page 31
S• Location and Description of property:
West Side of Spring Street.
6. Assessor's Map
IS o —
F11/' •.ilk ��� . /a �, .���,�
SUBDIVISION REGULATIONS
City of Northampton, Massachusetts
Office of Planning and Development
City Hail • 210 Main Street
Northampton, MA 01060 • (413) 586 -6950 ��
• Community and Economic Development
• Conservation* Historic Preservation �qj offa Sfp►u \
• Planning Board* Zoning Board of Appeals
pe VQl-orrnel-'r ( /
Special Permit Issued by -"v is 1 r( <G � �9
Planning Board
Map I.D.
File # Se -0
Date Submitted /f, �, i4yJ O�i�S
OPD Staff Review for fee and for completeness
and for B.I. signature
Planner Review
Set up public file folder
Legal Notice Gazette 30 <o Q
(Notice 7 and 14 da s befo a hearing)
Legal Notice Posted
Agenda Posted
Letter to Owner
Letter to Abutters /Towns
Copy
to
BI
Copy
to
DPW
Copy
to
BOH
Copy
to
C.C.
Copy
to
Fire Dept. 9//
Copy
to
P.B. members
Planning
Board
Hearing
iy, ,9�'f
y/'/,l��gQ
Planning
Board
Decision
Decision filed with City Clerk
Decision mailed to:
Owner /Abutters /Towns 1A)i X99
Decision to DPW 49W
Decision to BI <�Z'//9
Permit entered on computer 1c2 99
Decision filed O.P.D. / /G).Lon
(Memorex: PLAN. BD \PBINSTRU 4/3/92)
*"W
December 8, 1999
ATTN: John Bennett
Department of Planning and Development
City of Northampton
City Hall — 210 Main Street
Northampton, MA 01060
RE: New Harmony Properties
352 Spring Street
Northampton, MA
Dear John,
LANDSCAPE AR C H IT EC r R
E N V I R 0 N M E N I A L D E S I G N
C 0 M M U N I T Y P L A N N I N G
■ ■
IS 8 NO R T H AMP TO N S T R E ET
EAST HAM P FON , MA 01 027
T E L. 4 1 1 5 2 7 6 5 S 5
F A X 4 1 3 5 2 7 6 3 8 4
C A N O N L A@ J A V A N F T C 0 M
Please find the enclosed site plans for New Harmony Properties, Inc. (Spring Street) with a revised date of
December 8, 1999. I believe all plans have been revised to meet the final Order of Conditions set forth by
the Nortlkampton Planning Department.
Please do not hesitate to contact me should you have any questions. T7kank you.
Si cer ly
Willi m
Landscape Architect
2M
cc: Atty. Bob Corash;
Jonathan Wright, Wright Builders;
Don Miner, Eaton Associates
S " W vo w
LETTER OF TRANSMITTAL
LANDSCAPE ARCHITECTURE
E N V I R O N M E N TA L D E SIG N
C O M M U N I T Y P L A N N I N G
■ ■
158 NORTHAMPTON STREET
E A S T H A M P T O N, MA 0 1 0 2 7
T E L 4 1 3. 5 2 7 6 5 3 5
F A% 4 1 3 5 2 7 6 3 8 9
C A N O N L A O) A V A N E T. C O M 1
u L/ VV t AKt �tNUING YOU
U Attached ❑ Under separate cover via the following items:
Q l� l
Shop drawings Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
❑ WE ARE TRANSMITTING BY ^ FAX PAGES (Incl. this cover letter).
not receive all the paves or if a nrnklam ; ,J....:..-
If you do
COPIES
DATE
NO.
DESCRIPTION
THESE ARE TRANSMITTED as checked below:
❑ For approval. ❑ Approved as submitted
❑ For your use ❑ Approved as noted
❑ As requested ❑ Returned for corrections
❑ For review and comment ❑
❑ Resubmit copies for approval
❑ Submit _ copies for distribution
❑ Return corrected prints
❑ FOR BIDS DUE 14 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS:
WK , �,
�, i
SIGNE
J,
.rf
PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON
City Hag - 2ii o Main Weet • Northampton, MA o r o6o • (4 • F"X (4 5
waryreFeiden,Director -email: planning@citymorthampton.ma.us • internet :www.city.northampton.ma.us
DECISION OF
NORTHAMPTON PLANNING BOARD
APPLICANT:
Harris & Julie Thompson
352 Spring Street
Northampton, MA 01060
OWNER: Harris & Julie Thompson
ADDRESS: 352 Spring Street
Northampton, MA 01060
RE LAND/BUILDINGS AT: 352 Spring Street
MAP AND PARCEL NUMBERS: MAP #15;16C PARCEL 16 & 19;1 & 2
At a meeting conducted on November 18, 1999, the Northampton Planning Board unanimously
voted 6:0 to GRANT the request of Harris & Julie Thompson for Special Permits with Site
Plan Approval for 1) an Open Space Residential Development, 2) excavation within three
feet of the ground water table in a Water Supply Protection District and 3) a common
driveway to serve three lots, under the provisions of Sections 6.12, 10.10, 10-11, 11.4 and 16.7
in the Northampton Zoning Ordinance for property located at 352 Spring Street, as shown on
the following plans, as they may be amended by conditions attached to this permit:
1. "New Harmony Properties, Inc., Northampton, MA, General Site Plan, Sheet No.
1.0," prepared by William A. Canon. (Received in the City Clerk's office on
September 20, 1999)
2. "Plan of Land in Northampton, Massachusetts, Prepared for New Harmony
Properties, Inc.," by Harold L. Eaton and Associates, Inc. dated September 17,
1999.
3. "New Harmony Properties, Inc., Northampton, MA, General Site Development
Plan for Lot Area, Sheet No. 2.0," prepared by William A. Canon and dated
September 14, 1999.
4. "New Harmony Properties, Inc., Northampton, MA, Site Layout, Grading &
Utilities Plan for Lot Area, Sheet No. 3.0," prepared by William A. Canon, dated
September 14, 1999.
5. "New Harmony Properties, Inc., Northampton, MA, Site Details, Sheet No. 4.0,"
prepared by William A. Canon, dated September 14, 1999.
Planning Board Members present and voting were: Vice Chair Val Romano, Kenneth Jodrie,
Rick Marquis, M. Sanford Weil, Jr. and Associate Members Orlando Isaza and Alton Neal.
1
planning board • conservation commission - zoning boardof appeals • housing partnership . redevelopment authority
economic development • community development • historic district commission •historicaIcommission . northampton GIs
original prim wdon recyciedpaper
In Granting the Special Permits with Site Plan Approval, the Planning Board found:
A. The requested use for a four -lot subdivision including a common driveway protects
adjoining premises against seriously detrimental uses because it is a relatively low -
density residential use allowed with a Special Permit in the URA zoning district, and the
applicant has made adequate provisions for surface water drainage, as depicted in plans
and information on file in the Office of Planning & Development. The development
provides for the permanent protection of an existing open meadow and includes the
donation of a thirty -two acre parcel of land to the City for conservation/open space
purposes.
B. The requested use will promote the convenience and safety of vehicular and pedestrian
movement within the site and minimize traffic impacts on the streets and roads in the area
because the use of the common driveway will minimize the number of new curb cuts on
to City streets.
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 because
the proposed homes have been sited to maintain the existing open meadow visible from
Spring Street.
D. The requested use will not overload the City's resources, including 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 under
Section 6.12 and 16.7. (See Exhibit A)
F. The requested use bears a positive relationship to the public convenience or welfare by
providing additional housing.
The use will not unduly impair the integrity of character of the district or adjoining zones,
nor be detrimental to the health, morals, or general welfare. The use is 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.
F
I%=*-
In addition, in reviewing the Site Plan submitted with the application, the Planning Board
found that the application complied with the following technical performance standards:
1. Curb cuts onto streets are minimized because only one new curb cut is requested.
2. Pedestrian, bicycle and vehicular traffic are separated on site to the extent
possible.
3. Drainage from the project will discharge into a City storm drain system which the
Planning Board has found can accommodate the expected discharge with no
adverse impacts.
The following conditions were imposed upon this project:
1. The applicant shall submit a revised set of plans showing the items discussed
during the Planning Board hearing on November 18,1999, including an
easement encumbering Lot 2 to Lot 3 (for access to Conservation Parcel #3 as
shown on the plan), the strip of land along Spring Street to be conveyed to
the City of Northampton for utility purposes, and an easement in favor of
Lot 4 to provide access to the open space in the back. Revised plans shall be
subject to review and approval by staff.
2. All applicable easements, including the easement in favor of Lot 4, must be
contained in all of the deeds to the subject lots. The applicant shall submit
copies of the proposed deeds to the Office of Planning & Development to
become a permanent part of the file.
3. The document entitled, "Declaration of Restrictions and Association ByLaws
for New Harmony Properties, LLC - Spring Meadow Properties," (as
submitted to the Planning Board on November 18,1999) shall be properly
recorded in the Hampshire County Registry of Deeds.
4. The Order of Conditions issued by the Northampton Conservation
Commission on November 18,1999 to New Harmony Properties, Inc. is
hereby incorporated by reference into this permit.
5. The applicant must comply with all DPW requirements.
6. The applicant must submit a Form A application showing the conveyance of
a right -of -way for Spring Street highway /utility purposes to the City of
Northampton.
7. This permit is subject to City Council approval of the donation of a parcel of
land for open space /conservation purposes, as offered by the applicant.
[Shown as Conservation Parcels #1, 2 and 3 on the cited plans]
8. Commercial fertilizers, pesticides and herbicides shall not be used in
amounts which result in groundwater contamination, in accordance with
Section 16.5 of the Zoning Ordinance.
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EXHIBIT A
, ..OW
The Planning Board found the project meets the criteria under Section 6.12 and Section 16.7 of
the Zoning Ordinance as follows:
Section 6.12 Vehicular Egress /Access to a Lot and Common Driveways
1. Said common driveway does not serve more than three (3) lots.
2. Said common drive provides the only vehicular egress /access to the lots being
served; and this shall be so stated in the deeds to the subject lots.
3. The grade, length and location of the common drive is of suitable construction, in
the opinion of the Planning Board, for the access and turn- around of the number
and types of vehicles which will be utilizing such driveway. The driveway:
1. Has a width of at least fifteen (15) feet,
2. Has passing turnouts providing a total width of at least 20 feet along a
distance of at least 25 feet, spaced with no more than 300 feet between
turnouts, with the first such passing turnout being located within three feet
of the driveway connection to the street,
3. Has met the prior approval of the DPW and the Fire Department, and
4. Conforms to all other driveway requirements of the Zoning Ordinance.
Section 16.7 Uses by Special Permit:
The Planning Board finds that the proposed use:
1. Is in harmony with the purpose and intent of this By -Law and will
promote the purposes of the Water Supply Protection District;
2. Is appropriate to the natural topography, soils and other characteristics of
the site to be developed;
3. Has adequate public sewerage and water facilities.
4. Will not, curing construction or thereafter, have an adverse environmental
impact on groundwater resources in the district; and
5. Will not adversely affect the existing or potential quality and quantity of
water in the Water Supply Protection District.
CERTIFICATE OF SERVICE
Pursuant to M.G.L. Chapter 40A, Section 11, I, Laura Krutzler, Board Secretary, hereby
certify that I caused copies of this decision to be mailed, postage - prepaid, to the applicant
and owner on December 6,1999.
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Planning Board - Decision City of Northampton
File No.: PL -1999- Date: November 18, 1999
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 Special Permits with Site Plan Approval have been DENIED and that
copies of this decision and all plans referred to in it have been filed with the Planning Board and the City Clerk.
Pursuant to Massachusetts General Laws, Chapter 40A, Section 15, notice is hereby given that this decision is filed with the
Northampton City Clerk on the date below.
If anyone wishes to appeal this action, an appeal must be filed pursuant to MGL Chapter 40A, Section 17, with the Hampshire
County Superior Court or the Northampton District Court and notice of said appeal filed with the City Clerk within twenty
days (20) of the date of that this decision was tiled with the City Clerk.
Applicant: Harris and Julie Thompson - 352 Spring Street
DECISION DATE: November 18, 1999
December 6, 1999
DECISION FILED WITH THE CITY CLERK:
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PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON
City Hall • 2 i o Main Street • Nort(jampton, MA o 1 o6o • (413)587 - • Fax-
waryreFeiden,Director - email: planning@city.northampto - internet :www .city- northamp
Northampton Planning Board
Minutes of Meeting
October 14, 1999
The Northampton Planning Board held a meeting on Thursday, October 14, 1999 at 7:00 p.m. in
Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, MA.
Present were Members: Chair Daniel J. Yacuzzo, Vice Chair Anne Romano, Andrew Crystal, Paul
Diemand, Kenneth Jodrie, Richard Marquis, M. Sanford Weil, Jr. and Associate Members Orlando
Isaza and Alton Neal.
Staff Planning Director Wayne Feiden, Senior Planner John Bennett and Board Secretary Laura
Krutzler.
At 9:50 p.m., Yacuzzo opened the Public Hearing on a request from Harris & Julie Thompson
for Special Permits with Site Plan Approval for 1) an Open Space Residential Development
under Sections 10. 10, 10.11 and 11.4 of the Zoning Ordinance; 2) excavation within three feet of
the ground water table in a Water Supply Protection District under Sections 10. 10, 10.11 and
16. 7; and 3) a common driveway to service three lots under Sections 10. 10, 10.11 and 6.12, for
property located at 352 Spring Street, Northampton, also known as Assessor's Map 15, Parcels
16 and 19, and Assessor's Map 16C, Parcels 1 and 2.
Yacuzzo read the legal notice.
Developer Jonathan Wright explained that he was proposing the development through his
enterprise, New Harmony Properties. He identified the subject parcel as the beautiful meadow
along Spring Street and commented that the thinking behind the project was to retain as much as
possible of this beautiful property while putting a number of concealed house sites on it.
Landscape Architect Bill Canon said the property consisted of fifty -two- acres, with the front being
relatively open meadow, somewhat broken up by tree lines. The middle portion has a wetland, and
the back portion is fairly steep with five to twenty percent slopes rising up to what's known as the
Sawmill Hills, Canon advised. The site is straddled by two zoning districts - UR -A and RR in the
back portion of the site - and also covered by a Water Supply Protection overlay district, he noted.
The proposal calls for the subdivision of four lots with frontage on Spring Street, Canon said. He
noted that there was an existing house on Spring Street, together with horse corrals and paddocks
which were proposed to remain intact, while the remaining parcel would be subdivided into three
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lots. Because of the location of the existing house, developers are proposing that the lot be
subdivided under the Open Space Residential Development by -law, which allows for a reduction in
frontage from one hundred to seventy -five feet, Canon related. In order to make the proposal
economically feasible, they had to develop a scenario to get three lots, and they would like to do so
by proposing an Open Space Residential Development project, he clarified. Canon explained that
the proposal included deeding the back portion of the lot (a total of about thirty-two acres) to the
City to meet the open space requirement. The land is located in the Water Supply Protection zone
and could be of sincere value to the City, Canon opined. He said he anticipated this acquisition
would be "a piece of the [open space] puzzle that could be added to in the future."
Canon said they felt the open space could be accessed because it was adjacent to National Guard
property. He noted that there were also some wood pathways which meandered onto the property
from adjacent land.
Canon acknowledged that the open space equation was "a bit convoluted" because of the significant
amount of wetlands. However, he said he thought it was "a sincere equation" resulting in the
donation of thirty-two acres of land. He clarified that the proposed lots were not flag lots but were
lots with reduced frontage as allowed under Open Space Residential Development.
Common Driveway.
The second Special Permit being requested is for the construction of a common drive to serve the
three lots being created, Canon continued. He noted that, in choosing the house sites, developers
wanted to preserve as much as possible the open meadow that existed off Spring Street. Toward that
end, plans call for the common drive to come off Spring Street by a cluster of trees, continue along
the north side of the existing paddock, and extend back to the house sites, he said.
Canon confirmed that the driveway included turnouts in conformance with zoning regulations. The
driveway will be crushed stone with a gravel base with a crown in the centerline of the drive, he
elaborated. Canon said the front portion of the driveway would be paved, because they would be
using a catch basin to drain the southerly Swale and were proposing to connect that catch basin to
an existing catch basin at the northerly end of the property (installed by the City when Spring Street
was reconstructed). The new catch basin will connect to the existing catch basin by a perforated
drain, maximizing the potential for ground water recharge, he noted. [Designers] created a low point
to catch water to prevent its discharge onto Spring Street, and the catch basin will be located in that
low point, Canon said. Drainage swales on both sides of the drive will collect run -off and allow it
to sheet flow to the open meadow, while a culvert in one location will allow water to go under the
driveway prior to sheet flow to the meadow, he said. Canon said they felt this was the optimum way
of handling surface water run -off to recharge the ground water supply as much as possible.
Water Supply Protection District.
Canon explained the need for the third permit - that, because of the Water Supply Protection zone,
it was presumed they might be in proximity to ground water. He said they were not proposing any
significant changes to the grades on the site, although they would be doing minor filling for a garage
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on Lot 3. There are some wetland areas on site, so applicants will be before the Conservation
Commission, he advised. House sites will be serviced by six -inch sewer lines extending down the
driveway from an existing stub. Canon said they also would be extending a potable water supply
from Spring Street, basically tapping into each service stub on Spring Street so that each house
would have its own water line. The individual lines will be brought up together along the common
drive and then extended up to the houses, he said. All utilities will be within the right -of -way of
the driveway, including power, Canon presented.
Canon informed members that they had designated the main portion of the meadow as a conservation
easement area to remain in perpetuity as open pasture land. [Developers] are also proposing a
twenty -foot wide access strip to run through the property for access to the proposed open space, he
said. Restrictions on the meadow land will be very precise in that above - ground structures of any
kind as well as further subdivision [will be prohibited], Wright said. He expressed the opinion that
the character of that area of Florence was really driven by that handsome meadow, adding that this
was how he had gotten into the project.
Yacuzzo asked what was meant by "Land Under Contract" [as shown on the plan]? Wright said the
entire parcel, both the wetlands and the open space, would be deeded to the City. He expressed his
understanding that there was a need to capture the wetland piece in advance.
Public Access.
Yacuzzo raised the question of how the public would have access to the open space?
Wright and Canon expressed their understanding that access was available from the National Guard
property, which was owned by the Commonwealth.
Canon added that his information from [Planning Director] Wayne Feiden was that the parcel would
eventually be connected to other pieces so that, at some point, [additional] access would be created.
Crystal asked if the applicants could get them an answer as to whether the public had the right to
access the parcel? Yacuzzo agreed that, if the land was to be deeded to the City, it was important
to know whether the public would have access to it.
Wright reiterated his understanding that access would be from the National Guard property.
Members clarified that the by -law only required that the open space be accessible to the lot owners,
not to the general public.
Canon pointed out that the notion of gaining access to the open space from the National Guard
property had come from Feiden. He pointed out that the situation was unique in that they didn't want
to cross wetlands to reach the open space in the back.
Romano noted that, under the present proposal, the City didn't even have a way to get to its own
land. However, Yacuzzo suggested that if the City accepted the land, [City officials] could work out
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a deal for access with the Commonwealth.
Members asked additional questions to clarify the information which had been presented. Among
other things, Crystal asked if a piece of land needed to be taken out of some other ownership in order
to be included in the calculations? If so, he suggested a possible condition that the permit not be
valid until the land went to the different ownership.
Yacuzzo asked why that property had not been deeded already? Wright responded that some
portions of the land were in Land Court ...
Crystal asked if Wright was hoping to get approval from Land Court prior to the transfer of the three
lots?
Wright said no. He passed out draft covenants.
Yacuzzo asked if there were any public comments in favor?
Public Comment.
Andrew Church of 174 Spring Street expressed concern about additional water run -off which
might be generated by the development. He pointed out that the wetland extended onto the Armory
property and that his property had previously received water when water pooled there.
Canon said Environmental Consultant Charles Dauchy had flagged the wetlands in the summertime.
Dauchy flagged the wetlands on their site but did not go onto the other property, he noted.
Church asserted that a drainage system had been installed which went all the way across the Armory
property in the back, and this system passed water from the swamp areas across the Armory property
to his property.
Canon responded that the [existing] high point was where the house was. He stressed that they were
not changing drainage patterns. There are six acres of land for that parcel (Lot 2), and roof run -off
will go overland, he said. Canon emphasized that they were talking about three single - family homes
and a driveway with swales on both sides directing water either toward the open meadow or toward
an area on the other side of the driveway.
Jodrie said he was wondering why they couldn't infiltrate everything?
Canon briefly described some of the things he had taken into consideration. The driveway is
capturing drainage from the southerly side of the property, so they needed to direct it where it
wouldn't do any harm, he noted. He mentioned that grades had not been low enough for another
possible solution... Canon pointed out that the proposal included one hundred and sixty -three feet
of perforated pipe for water to go through.
Crystal asked if anyone did drainage calculations? He suggested the amount of water in question
4
might infiltrate in the pipe.
•=O
Wright said one concern was the high water table in the area and the possibility of ground water
getting into the trench drain. Canon said he preferred not to have any type of impoundment along
the frontage of the three lots. He said they thought they were accomplishing the same thing with
the perforated drain...
Yacuzzo commented that drainage calculations would allow them to determine whether they needed
to have a catch basin or whether the water could infiltrate into the ground.
Bennett asked if Canon had touched base with [Assistant City Engineer] George Andrikidis on the
catch basin?
Debbie Bisaillon of 384 Spring Street commented that, "The field is already flooded, number one."
She said her kids skated on it in the winter, and she wanted members to know that it was extremely
wet and actually overflowing. She asked what would happen as far as its development if the field
was sold to someone else?
Canon assured her that the restrictions would remain on the parcel regardless.
Mark Moggio of 451 Spring Street asked how far back the asphalt apron went and how wide the
common drive would be?
Canon said the paved apron extended forty feet from the curb. The sidewalk meanders off the curb
to private property eighteen feet or so, he said.
Marquis asked if the perforated pipe could drain the field if the water table was up?
Members allowed that it could.
Marquis asked if deed restrictions addressed "Chem- lawn" application?
The applicant said no; however, Canon pointed out that seventy -five or eighty percent of the lawn
would remain as meadow, so there would be no need for restrictions.
Bennett noted that Section 16.7 of the Zoning Ordinance contained some pretty standard language
to the effect that pesticides, etc., should not be used in amounts that result in contamination to
ground water.
Ed Olmstead of 394 Spring Street asked a question aimed at clarifying the restrictions on the front
part of the lot.
In response, Wright shared that he had become involved in the project because an agricultural use
had been proposed for the site - a horse arena which would stretch across the length of the meadow.
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Moggio expressed strong support for the project, commenting that developers had really done a good
job of keeping the meadow open.
Church expressed concern about ending up with "the whole people ofNorthampton" in his backyard.
He noted that property lines would not be visible on the ground.
Ed Olmstead voiced support for the development in general but expressed concern about any
additional drainage it might contribute to his property. He advised members that people uphill from
his property got water in their basements in heavy rains.
Crystal asked if the applicants had considered flag lots as an option?
Bennett noted that they were not allowed in UR -A.
Wright asked members to consider that it would not require permits to put two houses in there and
block the view. He requested a continuance.
Romano said she would like an answer to the question of whether the City wanted access to the land
being donated to it.
Weil moved to continue the hearing to November 18, 1999 at 7:30 p.m. Diemand seconded.
The motion passed unanimously 7:0.
Bennett advised members that a resident had expressed concern about a detention basin at the bottom
of a hill. The person was worried about mosquitos and the possibility of the basin presenting an
attractive nuisance, raising a safety issue. Bennett said he needed to do some more research about
the basin's original design. It was full of water a lot of the time, he noted.
Romano moved to adjourn the meeting. Marquis seconded. The motion passed unanimously
7:0.
The meeting was adjourned at 11:03 P.M
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PLANNING AND DEVELOPMENT . CITY OF NORTHAMPTON
CkyHaff • 2zo Mai" Street • N044mpt01&MAozo6o • ( 4z3)S87 -1266 • Fax:(413)587 -126
wagreFeiden,Director - emaif: planning (—acitg.northampton.ma.us • internet :www.citg.nortbampton.ma.us
Northampton Planning Board
Minutes of Meeting
November 18, 1999
The Northampton Planning Board held a meeting on Thursday, November 18, 1999 at 7:00 p.m. in
Hearing Room 18, Second Floor City Hall, 210 Main Street, Northampton, Massachusetts.
Present were Members: Vice Chair Val Romano, Kenneth Jodrie, Rick Marquis, M. Sanford Weil,
Jr. and Associate Members Orlando Isaza and Alton Neal.
Staff: Senior Planner John Bennett and Board Secretary Laura Krutzler.
At 7:05 p.m., Romano opened the meeting.
At 7:35 p.m., Romano opened the Continuation of a Public Hearing on requests from Harris &
Julie Thompson for Special Permits with Site Plan Approval for 1) an Open Space Residential
Development under Sections 10.10,10.11 and 11.4 of the Zoning Ordinance; 2) excavation within
three feet of the ground water table in a Water Supply Protection District under Sections 10. 10,
10.11 and 16.7; and 3) a common drive to service three lots under Sections 10. 10, 10.11 and 6.12,
for property located at 352 Spring Street, also known as Assessor's Map 15, Parcels 16 and 19,
and Assessor's Map 16C, Parcels 1 and 2.
Romano read the legal notice.
Jonathan Wright presented the application, accompanied by Landscape Architect Bill Canon
and Attorney Robert Corash.
Canon expressed his understanding that the outstanding issues from the previous hearing were
questions related to the open space donation and [concern that there be] a physical connection
between the subdivided lots and the open space in the back. In response, Canon said they had
revised plans to include a ten -foot wide strip along the southerly property line to provide access from
the lots to the open space area in the back (Conservation Parcel #3). In addition, Canon pointed out
that they had included an easement from the common driveway which connected to the ten -foot wide
connection (labeled an access easement in favor of the Conservation Commission), thereby giving
the City its access to the open space.
Corash interjected that, when this easement was designed, [developers] were not aware that the City
already had access to the conservation area by virtue of a ten -foot right -of -way recorded at the
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registry of deeds. [Planning Director] Wayne Feiden called late yesterday and said the City already
had access to the property and would not need access coming off the interior of the property, Corash
said. Corash noted that Don Miner had verified that the ten- foot -wide easement Feiden had spoken
of coming off of Chesterfield Road went right down the centerline of the right -of -way. On that
basis, there is no need to create any kind of access over the lots, better preserving the privacy of the
lot owners while still allowing public access via Chesterfield Road, Corash concluded.
The applicants confirmed the easement to the Conservation Commission would thus be deleted from
final plans.
Don Miner of Harold Eaton & Associates, Inc. confirmed that an easement had been granted in
1996 by the owner of Lot #8 and recorded in the registry.
In response to a question from Romano, Bennett said the easement had been the result of Planning
Department negotiations.
Miner showed members the location of the City -owned easement on the plan. He provided a copy
of a sketch showing the easement to Romano.
The applicants apologized for the confusion which had been introduced. Canon concluded that the
access issue had now been addressed.
Members noted that the original plan did not show the easement in favor of the Conservation
Commission, so they could revert to that. The applicant confirmed that this plan did show access
to the open space for the individual lot owners (a ten -foot strip along the southerly property
boundary).
Jodrie raised the question of whether the fourth lot shown should also have access to the open space?
Wright pointed out that no concessions were being asked for this parcel in terms ofreduced frontage,
like for the other lots. He added that it was also the most remote from the open space.
Canon acknowledged that the lot was part of their land use calculations, etc. He suggested that if
it were a contentious issue, members could impose the condition that an easement be extended to
Lot 4. Wright pointed out that the area of the property abutting the Armory was heavily wooded,
and Canon agreed that it was scrubby and overgrown. Canon commented that he would not be keen
on providing access in this location because it would involve some clearing. He suggested instead
that Lot 4 use the access they were going to have in favor of the Conservation Commission, using
the street right -of -way for connection to the common drive right -of -way.
Corash submitted a full set of revised plans when staff indicated that the only revised plan yet
received was the individual sheet submitted at the Conservation Commission meeting on November
8, 1999.
In response to a question from Bennett, Corash clarified that each individual deed would include
2
easements. He said deeds had not yet been drafted.
Restrictions on Pesticides, etc.
Canon reminded members that another question they had raised was regarding the use of any
materials which might harm the ground water supply. Canon said Corash had included language
from the zoning ordinance [in proposed association by -laws] regarding the use of fertilizers,
pesticides, etc.
Members agreed that the language of the zoning ordinance was fairly weak and should be revisited
at some point.
Corash noted that the by -laws also put the burden on the owners of Lots 1, 2 and 3 to maintain the
driveway. He said they were also going to require that a designated section of land be maintained
as open meadow.
Bennett volunteered that there had been a lot of discussion in the Planning office about whether it
would be acceptable to have maintenance requirements spelled out in one of the covenants approved
by the Board, as opposed to being part of a conservation easement/restriction in favor of the City,
which [City officials] would have to enforce. The sense of staff was that it would be perfectly fine
as a covenant and not something the Board would have to enforce, he said. He noted that the
proposed plan for mowing was twice a year. If at all possible, it would be ideal if the area were not
mowed until after July 15th so the ground- nesting birds would all have fledged, he suggested.
Drainage.
Canon reminded members that they had also requested drainage calculations because of the proposal
for a catch basin on the southerly side of the driveway connecting to an existing catch basin adjacent
to Spring Street. One reason for the proposed catch basin was a request by [Assistant City
Engineer] George Andrikidis that designers create a low point to prevent run -off from the driveway
from entering Spring Street, Canon advised. Canon said he had since spoken again with Andrikidis
based on the Planning Board's comments, and Andrikidis approved a revised proposal to add a
culvert under the driveway and allow water to travel in a swale, infiltrating as much as possible, to
an area beside the driveway. He made a comment to the effect that, whether they connected to the
catch basin or not, it was under some kind of duress. Canon passed out a detail of the proposal,
noting that it called for creating a swale from the low end of the culvert to direct water into an
existing low area in the front of the property. The design will allow drainage to run overland,
maximizing the ground- recharging potential for run -off from the site, he said. The swale ends at the
catch basin, he added.
Jodrie said he thought this made a lot more sense than piping [drainage] to the catch basin.
Canon noted that drainage calculations were a moot point with this design.
Marquis asked questions aimed at discovering whether the catch basin was going to surcharge and
3
s.
flood the road?
Bennett said he did not think that would happen.
,.../
Jodrie said he couldn't imagine it would make a difference as wet as it was there. He said he just
didn't like that pipe connection.
Bennett asked about the chronology for the acceptance of the land donation?
The applicant said the first step was Conservation Commission approval, which had been issued
today. The next step will be to divide the property into two parcels and convey the open space to
the City. As each lot is sold, they will be able to record the restrictions which provide for the access
of all four lots to the conservation portion. With the conveyance of the conservation portion to the
City, they would reserve the right to access it, he clarified.
Bennett said acceptance of the land donation was going before City Council tonight for first reading
Miner advised members they still needed to send a preliminary plan to Land Court for the portion
of the property that was registered land and satisfy the Court that the property was the same as
represented in 1917. He noted that there was a three -foot error on the original drawing, but Land
Court had accepted the fact that they could throw that error into the two sides already abutting the
property. At some point, the Planning Board will receive a Land Court plan for endorsement as an
Approval Not Required (A.N.R.) plan under the Subdivision Control Law, Miner said. He said they
would also be receiving a mylar documenting what was happening on the remaining land not
registered in Land Court. They will not accept anything in Land Court other than a preliminary plan
until all the permits are granted, Miner added.
Miner commented that it was an unusual situation in that they were asking for Form A approval for
lots that had no road frontage other than through a parcel of land in Land Court.
Corash pointed out that the Land Court process was a separate issue from the permit approval
process.
There were no members of the public present, so there were no public comments.
Romano reviewed comments from the Department of Public Works (DPW).
In response, Canon said all utilities were within an easement that spanned the entire frontage of the
parcel then cut across at an angle to a proscribed fifty -foot right -of -way defined by the centerline of
the common drive all the way back to Lot #1. The sewer line will come off one of the three
available stubs on Spring Street, he noted. Canon pointed out that there was a detail on the plans
showing the trenching for the water lines.
Romano asked if developers were going to comply with the requirement that the sidewalk be
returned to pre - construction conditions?
4
,./
Canon and Bennett pointed out a detail on the plan which addressed this.
Miner drew attention to the fact that, although the City had presumed a sixty- six - foot -wide layout
for Spring Street, Land Court had adjudicated the boundaries of the right -of -way as being only fifty
feet wide. Thus, technically, the sidewalk and storm sewer were within the limits ofprivately -owned
land, Miner noted. The applicants will be contributing an additional portion of land to the City for
utility purposes, he said.
When the City did its construction, they assumed a sixty- six -foot right -of -way, the same as
everywhere else in the City, Canon elaborated.
Romano suggested the condition that the applicant submit revised plans subject to staff review and
approval.
Jodrie moved to close the hearing. Isaza seconded. The motion passed unanimously 6:0
Members discussed the following conditions: 1) that the applicant submit a revised set of plans
showing everything discussed, 2) that an easement in favor of Lot 4 be contained in all of the deeds,
3) that a Declaration be properly recorded in the Hampshire County Registry of Deeds as it was
submitted November 18, 1999 [entitled, "Declaration of Restrictions and Association ByLaws for
New Harmony Properties, LLC - Spring Meadow Subdivision "), 4) that the permit incorporate the
orders of the Conservation Commission, 5), that the applicant comply with all DPW requirements,
and 6) that a Form A show the conveyance of a right -of -way for Spring Street highway purposes in
favor of the City.
Bennett noted that the declaration should be corrected on Page 10. Romano said she did not think
it was necessary to incorporate it by reference into the permit.
Bennett noted that revised plans should show the easement encumbering Lot 2 to Lot 3 and whatever
was happening on Spring Street.
Romano said the permit should also include a carefully- worded reference to the land donation. She
suggested the permit be subject to City Council approval of the donation, as offered by the applicant.
It was noted that all of the easements should be included in all the deeds.
Romano suggested that Bennett be responsible for reviewing the plans to insure they contained all
the items discussed and that the applicant be required to provide the deeds.
Marquis raised the concern that the wording in the Zoning Ordinance which was repeated in the
declaration to be recorded was not strict enough regarding the use of fertilizers, herbicides and
pesticides. Members discussed how to condition the permit and what their past practice had been
as far as restricting the use of pesticides, etc.
Romano suggested requiring that [chemical application] be in accordance with the requirements of
5
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the Water Supply Protection (WSP) district, and Corash agreed. Rick said he felt better about that.
The Board reviewed restrictions which had been placed on Avis Circle (Condition #27, A -C -
absolute prohibitions on pesticides, herbicides, and ice control chemicals) but decided not to
implement them for this project.
Jodrie moved to approve Special Permits with Site Plan Approval for 1) an Open Space
Residential Development, 2) excavation within three feet of the ground water table in a Water
Supply Protection District and 3) a common driveway to service three lots for property located
at 352 Spring Street with the waivers as requested and conditions as discussed. Isaza
seconded. The motion passed unanimously 6:0.
The meeting was adjourned.
P-
*■r •..err
City of Northampton, Massachusetts
Office of Planning and Development
City Hail • 210 Main Street
Northampton, MA 01060 • (413) 586 -6950
FAX (413) 586 -3726
• Community and Economic Development
• Conservation • Historic Preservation
• Planning Board • Zoning Board of Appeals
• Northampton Parking commission
TO:
Brian Duggan, Fire Department
_
RE: Permit application
FROM: Laura Krutzler, Board Secretary /OPD
DATE: "nv
Would you please review and return the
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enclosed t application "``rne "r'
F{CT UF GCl�G�tN �Gi� i+-rC� iN LN P
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before the dFj Board of
Appeals meeting scheduled for so
that we can advise the Boards of any
concerns you may have.
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loan of `41 e ��
j-U 6,9 Ar 11'�D
Thank you. o r e 4f 0 m m o-) D
10001
'..,- *M0101
City of Northampton, Massachusetts
Planning and Development
City Hall, 210 Main Street
Northampton, MA 01060
(413) 587 -1266 (413) 587 -1264 fax
Wayne Feiden (413) 587 -1265
wfeiden @city.northampton.ma.us
MEMORANDUM
TO: Bob Corash— FAX MEMO: 585 -0419
FROM: Wayne Feiden, Director of Planning and Development
RE: New Harmony Properties
DATE: November 17, 1999
The attached easement is for the easement we have from Chesterfield Road that may or may
not reach the property New Harmony is donating to the city. The second paragraph on page
2 includes our generic language to ensure the property remains as open space forever.
35871264 NORTHAMPTON, MA 10 002
../
EASEMENT
We, TAMARA LEWIS AND ALLISON MACDONALD of 8 Shepherds Hollow, Leeds,
Massachusetts 01053 (collectively "the Grantors'), for consideration of one dollar ($1.00), the receipt
of which is hereby acknowledged, and other good and valuable non - monetary consideration, hereby
GRANT, with QUITCLAIM COVENANTS, to the NORTHAMPTON CONSERVATION
COI�IMISSION, an agency of the City of Northampton, a Massachusetts municipal corporation duly
Ptgafrlied under the laws of the Commonwealth of Massachusetts and having an address at City Hall,
210 LTain Str¢et, Northampton, Massachusetts 01060, and its successors and assigns (the "Grantee ")
Fie p peti2al the right and EASEMENT for the Grantee and the general public to pass and repass,
on foot for Pirposes of hiking, winter sports or nature study, and for the Grantee to construct, clear
end mark bails for said purposes without imposition of a charge or fee and therefore consistent with
M.(r�7 . Ch.221, §17C on a parcel of land (the "Premises") located in the City of Northampton,
d4affWh o ifounty, Massachusetts, more particularly bounded and described as follows:
§r - s
Beginning at a point on the southerly sideline of Chesterfield Road at an iron pin located on
the northwesterly sideline of land now or formerly of Robert A. Cartledge and Shelly A. Cartledge;
thence;
S. 33 ° 5 i' 30" E. 235.97 feet along land now or formerly of Robert A. Cartledge and Shelly A.
Cartledge to an iron pin, thence;
S. 33 ° 44' 14" E. 1,490.65 feet, more or less, along the southwesterly sidelines of Lots 1, 2, 3, 4, 5,
and 6 to a point, thence;
S. 65 ° 41' 05" E. 25.00 feet along the southerly sideline of Lot 6 to an iron pin, thence;
S. 65° 4l' 05" E. 375.00 feet along the southerly sideline of Lot 7 to an iron pin, thence;
S. 65 ° 41' 05" E. 220 feet, more or less, along other land of the Grantee, to a point, thence:
S. 81 ° 22' 18" W. 20 feet, more or Iess, along the northerly sideline of land now or formerly of
Frederick and Helen WentzeI to an iron pin, thence;
N. 65 ° 41' 05" W. 606.12 feet along other land now or formerly of Patrick J. Melnik to a point,
thence;
N. 33 ° 44' 14" W. 1,493.50 feet along other land now or formerly of Patrick J. Melnik to a point,
thence;
N. 33 ° 51' 30" W. 206.29 feet along other land now or formerly of Patrick J. Melnik to a point,
thence;
N. 88° 363 7" W. 183.96 feet along other land now or formerly of Patrick J. Melnik to an iron pin,
thence;
N. 01 ° 23' 23" E. 30.00 feet along other land now or formerly of Patrick J. Melnik to an iron pin,
thence;
S. 88 36'37" E. 175.00 feet along the southerly sideline of Chesterfield Road to the iron pin at the
place of beginning.
Being a portion of the parcel known and designated as Lot "8" on a certain plan entitled "Land in
Northampton, Massachusetts surveyed for Patrick J. Melnik," dated November 2, 1984, prepared by
Almer Huntley, Jr. and Associates, which plan is recorded in the Hampshire County Registry of
11/17/99 13:38 V94135871264 NORTHAMPTON, MA
Deeds in Plan Book 130, Page 8. Said parcel was conveyed to the Grantor by a deed recorded in the
Hampshire County Registry of Deeds in Book SS5 Page recorded in the Hampshire County
Registry of Deeds. A sketch of said easement is attached.
This Easement is conveyed to the City of Northampton under the provisions of Massachusetts
General Laws, Chapter 40, Section 8C, and shall be managed and controlled by the Conservation
Commission of the City of Northampton for the purposes of passive recreation and conservation and
for the promotion of the natural resources of the City and consistent with Article 97 of the Articles
of Amendment to the Constitution of Massachusetts. By its acceptance of this Easement, the Grantee
does not undertake any liability or obligation relating to the condition of the Prerrdses.
If any provision of this Easement shall to any extent be held invalid, the remainder shall not be
atTect ed.
WI •SS the execution hereof u qr seal this l.x day of Rmc1, , 1996.
a'( GC ' 0 3 da . 9�
TAMARA LEWIS date
�6
2
ALLISON MACDONALD date
COMMONWEALTH OF MASSACHUSETTS
10 003
Hampshire, ss. Ml%rc t1 a 3 , 1996
Then appeared personally the above Tamara Lewis acknowledged the foregoing to be her frcc
act and deed before me.
Notary Public -
My Commission expires: F, ;; , S 8
NOTA BLIC
My commission 9* Mar. 18. 2=
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss. �� _, 1996
Then appeared personally the above Allison a d owl dge the fore of g to be
her free act and deed before me.
o ary Public �y
My Commission expires: F , ��
11/17/99 13:38
t
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KNOW ALL PERSONS BY THESE PRESENTS
NEW HARMONY PROPERTIES, LLC, a Massachusetts Limited Liability
Company with offices at 48 Bates Street, Northampton, Massachusetts, 01060,
for consideration of less than ONE HUNDRED ($100.00) DOLLARS,
hereby grants, without covenants, to the CONSERVATION COMMISSION OF
THE CITY OF NORTHAMPTON,
an easement over the surface of the area described in Exhibit "A " , annexed hereto
and made a part hereof, for the following limited uses only:
1. As a means of pedestrian access to three (3) parcels being
contemporaneously conveyed to the Conservation Commission of the City of
Northampton, and designated as Conservation Parcels No. 1, 2, and 3, on the Plan
referred to in said Exhibit "A ".
2. Said access shall from the terminus on the Common Driveway be
restricted to pedestrian use only for the limited purpose of allowing the
Conservation Commission and its agents, as distinguished from the general public,
to access said Conservation Parcels. The primary purpose for said access will be
../
for the Commission to inspect and monitor the condition of, allow maintenance
and verify encroachments on said Conservation Parcels.
3. Under no circumstances shall the interest granted hereby be utilized
by the general public for any purpose, or to permit access for any purpose or
anyone, including the Commission from the terminus on the Common Driveway,
by means of motor vehicle (including internal combustion, solar or electrical), or
any similar type of transportation.
4. The Grantor, and its successors and assigns, may, from time to time
erect barways, fences and gates at any place or places along said easement
provided that in each instance, the access key, code, or combination to any lock
shall be provided to said Conservation Commission.
5. Either party, at said party's sole expense, may maintain said access
easement area in terms of cutting grass, brush, shrubs and trees growing in said
right of way, but neither party shall have any right to pave, surface, gravel, fill or
make improvements to the surface or subsurface of the access easement area
without the express written permission of the other in each instance.
6. The Grantor's rights pursuant to this easement, as well as the right to
enforce the limitations thereon, may be granted by the grantor to the owners of the
2
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` " w
Lots being developed by the Grantor on Spring Street, or to any association or
other entity formed by or on behalf of one or more of said Lot owners.
7. This easement shall terminate if it is determined by documents
recorded at the Hampshire County Registry of Deeds that the City of Northampton
now or subsequently acquires an alternative means of access to the Conservation
Parcels to which this easement applies.
IN WITNESS WHEREOF the undersigned hereunto set their hand as a sealed
instrument as of
NEW HARMONY PROPERTIES, LLC
Jonathan A. Wright, Manager
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss.
The foregoing instrument was acknowledged before me this day of
. as the free act and deed of NEW HARMONY
PROPERTIES, LLC by JONATHAN A. WRIGHT, Manager of said Limited
Liability Company, known to me, and he acknowledged before me that he
executed the same on behalf of said Limited Liability Company as his free act and
deed.
Notary Public
My Commission Expires:
aAnewharmonyproperties.doctbd 25
3
11/09/1999 11:15 4135276389 WILLIAM A CANON
NEW HARMONY PROPERTIES, INC.
SPRING STREET
NORTHAMPTON, MA
OPEN SPACE CALCULATION: REV. 11/8/99
■ LAND USE DATA
TOTAL PARCEL AREA 52.3 ACRES
-DENSITY, CALCULATION FOR OPEN SPACE RESIDENTIAL. DEVELOPMW- (SECTION 11.4.5A)
TOTAL PARCEL AREA
52.306 ACRES
LESS LAND UNDER CONTRACT
7.88 ACRES
LAND AREA REMAINING
44.43 ACRES
LESS 90K WETLAND
1.19 ACRES
NET LAND AREA
43.24 ACRES
WSP ZONE DENSITY
X .54 UNI /ACRE
TOTAL UNITS ALLOWED
23 .3 OR 23 t3MTS (4 UNITS SHOWN)
-NEW PROJECT DEVELOPMENT
TOTAL NET LAND AREA
TOTAL LOT AREA
OPEN SPACE REMAINING
-OPEN SPACE CALCULATION
TOTAL NET LAND AREA
OPEN SPACE REQUIREMENTS
WETLAND AREA
SLOPES >20R
TOTAL
OPEN SPACE AREA SHOWN
NET USEABLE AREA
44.43 ACRES (LESS `CONS. PARCELS NO. 1& 21
19.82 ACRES (LOTS 1�
24.81 ACRES
44.43 ACRES (LESS "CONS. PARCELS NO. 1 & 21
.25 ACRES (10;890 S.F.)
4.5 ACRES (SECTNON 11.4.8
4.75 ACRES
24.60 (CONS. PARCEL NO. 3)
19.85 ACRES . =. 80.70% SHOWN
(75X MAX. REfMM OR 18.46 ACRES)
PAGE 02
N%01 .../
DRAFT
October 14, 1999
DECLARATION OF RESTRICTIONS
FOR SPRING STREET PROPERTY
THIS DECLARATION, made this first day of November 1999 by New Harmony
Properties L.L.C., a Massachusetts Limited Liability Company with its principal office
located at 48 Bates Street, Northampton, Hampshire County, Massachusetts 01060, (the
"Developer "), which expression shall include its successors and assigns, who is the
owner of the subject property herein defined.
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 ensuring the preservation of the values created
in said community; and
WHEREAS, the Developer is desirous of encumbering the Subject Property with
certain covenants, agreements, restrictions, conditions and changes, as hereinafter set
forth; and
NOW, THERFORE, the Developer declares that the subject property described in
Article I is and shall be held, transferred, sold, conveyed, and occupied subject to the
following restrictions, which shall bind.each and every lot described in Article I and
which shall run with and benefit the land.
ARTICLE I
SUBJECT PROPERTY
The Subject Property is described in Exhibit "A" annexed hereto and made a part
hereof.
ARTICLE II
1. SUBDIVISON
No lot or combination of lots shall be subdivided or modified in 9ny way for
the purpose of increasing the total number of lots upon which single - family 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 its
successors or assigns. These restrictions do not prevent the construction or utilization of
accessory apartments to the extent of the law.
fir' .,.r
Property lines between lots may be re- plotted by said owners, provided no
additional lots are being created. Such re- plotting will require the written approval of the
Developer until January 1, 2005.
2. RESIDENTIAL USE
Each lot shall be used for residential or non - commercial
purposes only. No mechanical, mercantile or manufacturing trade or business other than
the practice of a home occupation and then only within the dwelling house on the lot shall
be carried out on or upon any lot. No hospital, rest home or educational institution of any
kind shall be established and maintained thereon. No separate professional office
building shall be permitted. No so- called clubs or social organizations shall occupy any
lot. In no event shall any lot be used for any purpose that may be or may become an
annoyance or nuisance to the neighborhood. No more than two (2) tag sales per year of
the possessions of a lot owner or tenant thereof shall be permitted.
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 three cars, together
with accessory non - residential structures such as greenhouses, tool sheds, pools and
fencing shall be permitted; but only if and so long as they are used in connection with a
dwelling house.
3. RESIDENCE SIZE AND STYLE
One -story dwellings shall contain not less than 1,500 square feet of gross
living area. Two -story dwellings shall contain not less than 900 square feet of said living
area on the first floor and not less than 1,600 square feet of total living area. Living area
is defined as "year round, heated living space located above grade" excluding porches,
decks, breezeway and garage.
4. LOCATION OF STRUCTURES ON A LOT
No residence or garage, or any part thereof, shall be erected or placed nearer
than 50' to any street line, nor 25' to any sideline, nor 40' to any rear line of any building
lot.
5. BUILDING APPROVAL
No building, fence, wall or other structure shall be commenced or erected, nor
shall any addition be made, until plans and specifications, showing the nature, kind,
shape, height, materials, floor plans, exterior color scheme, and the grading plan of 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
grading plans that are not suitable or desirable, in its opinion, for aesthetic or other
reasons. In so passing upon such plans, specifications and grading plans, the Developer
shall take into consideration the suitability of the proposed structure and materials to be
the site, including harmony with the surroundings and effects on the outlook from
neighboring properties. Said submission of plans shall include:
a. a plot plan of the lot, showing the location of the proposed construction:
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b. building plans, including drawings which show the elevations of the proposed
construction;
c. a description of exterior materials and colors; and
d. the lot owner's proposed construction schedule.
The Developer's approval, if any, of said plans shall be in recordable form.
If the Developer fails to approve or deny a proposed structure within forty five
(45)days after receiving the full proposal as described above, the proposal shall be
deemed approved. The Developer's right of approval under this paragraph 5 shall expire
on January 1, 2004.
6. SIDING
No tarpaper, asphalt siding, aluminum siding, log siding, plywood siding, Texture
I -II siding, roll brick or similar materials may be used as siding on outside walls. Vinyl
siding may be permitted, but only vinyl with an exposure of 3 '/2" or less.
7. ROOFING
All roofing shall be 25 year or better asphalt or composite roofing shingles, or
cedar, tile, metal or slate roofing shingle.
A roof pitch of 7 in 12 or greater will be required on all residences and garages,
although a shallower pitch may be permitted on porches, gables or dormers.
8. INCOMPLETE DWELLINGS
The exterior of any building erected on a lot and the landscaping and grading in
connection therewith shall be completed within 12 months after commencement. No
structure of a temporary character, trailer, shack, tent or garage shall be used on any site
at any time as a residence, either temporarily or permanently.
9. BOATS, AUTOMOBILES, TRAILERS, CAMPERS, AND COMMERCIAL
VEHICHLES
Parking of mobile homes, recreational vehicles over 24 feet in length,
trailers, Class H trucks, heavy construction equipment, unlicensed or derelict vehicles or
any other similar property on the premises shall be prohibited, unless parked or stored
inside a garage.
10. LOCATION OF UTILITES
The furnishing of all utility services to each lot shall be by means of underground
installation. No underground storage of petroleum, oil or other substances harmful to the
environment shall be permitted. Underground propane storage is allowed to the extent
permitted by governing laws and ordinances.
11. ANINVIALS
Animals, livestock or poultry may, to the extent allowed by municipal ordinance or other
governing laws, be raised, bred or kept including dogs, cats or other usual household pets
, %W
on lots provided that they are not kept, bred or maintained for commercial purposes and
do not become a nuisance to other lot owners and occupants.
12. CLOTHESLINES, GARBAGE CANS, ETC.
All clotheslines, equipment, trash containers, service yards, woodpiles and storage
piles shall be kept screened by adequate planting or fencing so as to conceal them from
the view of neighboring residences and streets, 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 lot 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. 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
permitted by applicable zoning laws;
c. Professional signs as permitted by the Northampton Zoning By laws,
d. During the time of construction of any building or other improvements, one
job identification sign not larger in area than three (6) square feet;
e. A "For Sale" or "For Rent" sign, of reasonable type, size and appearance, but
only if attached to the building or free standing.
f. Informational or directional signs erected or maintained by the Developer, its
successors or assigns.
15. ANTENNAS
Television or other antenna structures, including dish antennas, aerials or other
electronic receiving devices shall be placed, constructed or maintained on said land only
if they are under 8' in height above grade, are located in the rear yard, and are screened
with fencing or plantings from the street and neighboring properties.
16. FENCES
No fences over 6' in height or hedges over 8' in height shall be constructed.
Fences in front yards of houses shall be limited to 42" in height.
17. EARTH REMOVAL
No loam, sand, gravel or other solid material, except that resulting from
customary landscaping or from construction permitted and approved hereunder, shall be
removed from a lot.
,
18. EXTEROR LIGHTING
No exterior lighting shall be installed so as to interfere with or spill over onto
neighboring properties. No lights shall be placed higher than the eaves of the house.
19. MAINTENANCE
Each lot and each home together with the accessory structures shall
be maintained in a neat appearance and manner by the owner.
20. LEASING
Nothing herein shall be deemed to prevent the leasing of a residence from time to
time by the owner thereof, subject to all of the provisions of this Declaration.
21. DEVELOPER'S EXEMPTION FROM COVENANTS
The foregoing covenants shall not apply to the business activities of the
Developer, its successors or assigns during the construction and sale period (where is
this defined ?), nor shall they apply to residential lots which are owned by the Developer
and which remain unimproved.
22. DURATION
The covenants and restrictions of this declaration shall run with and bind the land
and shall inure to the benefit of the Developer, its successors and assigns and all lot
owners.
23. SEVERABILITY
Invalidation of any one of these covenants or restrictions by judgment or court
order shall in no wise effect any other provisions, each of which shall remain in full force
and effect.
Any disputes or grievances which arise concerning the rights and obligations of
the Developer and/or the owner of any lot in the Subject Property as established by these
Restrictions and which cannot be resolved through normal interaction among the parties
shall be submitted to the following non - binding arbitration procedure prior to the
initiation of any legal action hereunder.
a. A party may initiate the arbitration procedure by giving the other party written
notice of the appointment of the arbitrator.
The arbitration procedure shall utilize either a single arbitrator or a panel of
three arbitrators. If the parties cannot agree upon the appointment of a
particular single arbitrator, the party initiating the arbitration procedure shall
appoint the first arbitrator, the other party shall appoint a second arbitrator,
and the two arbitrators thus appointed shall appoint the third arbitrator.
b. The arbitrator(s) shall meet with the parties as soon as reasonably possible
after appointment; provide each party with an opportunity to present its case
and witnesses, if any, in the presence of the other. As soon as possible after
• III 7
the close of this meeting, the arbitrator(s) shall prepare and submit to the
parties a written report including findings of fact, relevant interpretations of
these Restrictions and other relevant and material documents, and an award
setting the dispute submitted. If three arbitrators are serving, they shall
attempt to reach consensus regarding their conclusions, but if such a
consensus cannot be reached within two meetings spanning a total of fourteen
(14) days, a majority vote of the arbitrators shall prevail on any issues not
decided by consensus.
c. Any attorney at law, professional arbitrator, professional mediator, or other
similar professional person with experience resolving disputes, who is not an
interested party may be appointed as an arbitrator under the alternative
appointment provisions of subparagraph in above.
ARTICLE III
ENFORCEMENT PROVISIONS
28. RIGHT TO ENFORCE
The right to file an action arising under these Restrictions shall be held by the
Developer and by the owner of any lot in the Subject Property. The prevailing party
shall recover reasonable attorneys' fees and costs incurred in any such action.
ARTICLE IV
COMMON PROPERTY
1. All the lot owners will share equally in the maintenance of common areas
which include Roadways, common sewer lines, electric service lines,
telephone and communication lines, snow removal, drainage constructions, \
roadway signage, moving of easements, moving at least twice yearly of the
restricted open meadow. Each property owner is to bear one -third equal share
of all costs, and to share equally in any proceeds from haying common land.
2. Open meadow is to be maintained as such in perpetuity by the lot owners, and
shall not have structures of any kind built on it except for subsurface
structures as may be required for utility or drainage purposes.
6
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, -wool
Outline for Development of 352 Spring Street, Florence, Massachusetts
By New Harmony Properties, Inc.
The overall goal of the Project is to take a 52 acre Property and subdivide it
into three large building lots and one lot with the existing house, for a total
development of four single family homes on approximately 20 acres and to deed
to the Northampton Conservation Commission the remaining balance of 32 acres
which contain wetlands habitat, streams and significant open space. In addition,
portions of the new Lots would be subject to restrictions designed to preserve as
open meadow or agricultural land an area specified on the Developer's Plans.
To accomplish the foregoing, the Developer would take the following
steps:
1. First Step - Approval by the Conservation Commission subject to its
Order of Conditions. This has been accomplished and a copy of the
Order should be in the Planning Board file.
2. Second Step - Upon acquiring title to the Property the Developer
would divide the Property into two parcels. The first parcel consists
of approximately 44 acres with frontage on Spring Street and
connected to the rear portion by an access corridor. This 44 acres is
comprised of the building lots of 20 acres and Conservation Parcel
#3 of 24.5 acres. The second parcel of approximately 8 acres
located toward the center of the entire Property is comprised of
Conservation Parcel #1 of 3.9 acres and Conservation Parcel #2 of
3.9 acres.
This configuration enables the 44 acre parcel to comply with open
space calculation requirements. See open space calculations
submitted by William A. Canon. See the parcel configurations on
the November 8, 1999 revision to the September 17, 1999 Survey
entitled "Plan of Land in Northampton, Massachusetts prepared for
New Harmony Properties, Inc., by Harold L. Easton & Associates,
Inc."
3. Third Step — In order to acquire title to the Property the Developer
must receive Planning Board approval of the subdivision plan and
other requested approvals, permits, and/or waivers. We suggest that
the Planning Board approval stipulate that prior to receiving a
building permit for construction of any residence on Lots 1, 2 or 3,
the Developer must take the following action, by appropriately
recorded documents at the applicable recording Registry of Deeds or
Land Court:
K
on
M
A. Deed to the Conservation Commission of the City of
Northampton, without monetary consideration, the
approximate 8 acre area designated as Conservation
Parcels #1 and 92.
B. Deed to the Conservation Commission of the City of
Northampton, without monetary consideration, the
approximate 24 acres of rear land designated
Conservation Parcel #3 which includes the ten (10)-
foot wide access corridor running along the southerly
edge of Conservation Parcel #2.
Implementing Parts A and B above will result in
completion of Step 2 and the City owning
approximately 32 acres and the Developer retaining
approximately 20 acres to be divided into the 4
residential Lots.
C. The Developer's surveyor has confirmed that the City
already has access to the Conservation Parcels by
recorded instruments. If the Planning Department
does not confirm this status then the Developer would
3
%MR. .-M10
grant, without consideration, to the Conservation
Commission of the City of Northampton, the right to-
use the common driveway and a 10 foot wide
easement therefrom over Lot 2 to allow the
Conservation Commission pedestrian access to the 32
acres deeded to the Commission, for purposes of
inspecting and maintaining that Commission property.
The easement would not be open to the public but
would be restricted to use by the Conservation
Commission and its designated agents. A copy of the
proposed easement is submitted herewith.
4. Incident to Parts A and B of the Third Step, the Developer would
reserve the right for the benefit of Lots 1, 2 and 3 to allow them
pedestrian access to the parcels deeded to the Conservation
Commission, subject to such reasonable limits as the Conservation
Commission may determine from time to time.
5. Fourth Step - City Council acceptance of the 32 acres (Parts A and
B of Third Step) to be deeded to the Conservation Commission. A
resolution to that effect is being presented to the Council.
4
F5
6. Incident to conveyance of Lots 1, 2 or 3, the Developer would record
a Declaration of Restrictions on these Lot owners to preserve either
as mowing or other agricultural use the area designated
"Conservation Easement (open meadow)" on Lots 1, 2 and 3 as
shown on Sheet 2.0 of the development plan. This would be done by
recorded restrictions and not by a statutory conservation easement.
D:\RAC\misc \New Harmony.doc;4
5
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DECLARATION OF RESTRICTIONS AND ASSOCIATION BYLAWS
FOR NEW HARMONY PROPERTIES, LLC —
SPRING MEADOW SUBDIVISION
THIS DECLARATION, made as of this by New
Harmony Properties L.L.C., a Massachusetts Limited Liability Company with its
principal office located at 48 Bates Street, Northampton, Hampshire County,
Massachusetts 01060, (the "Developer "), which expression shall include its
successors and assigns, owner of the Subject Property herein defined.
WHEREAS:
A. 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 ensuring the preservation of the
values created in said community; and
B. The Developer is desirous of encumbering the Subject
Property with certain covenants, agreements, restrictions, conditions and changes,
as hereinafter set forth; and
NOW, THERFORE, the Developer declares that the Subject Property
described in Article I is and shall be held, transferred, sold, conveyed, and
occupied subject to the following restrictions, which shall bind each and every Lot
described in Article I and which shall run with and benefit the land.
ARTICLE I
SUBJECT PROPERTY
(Also known as "Spring Meadow" subdivision)
The Subject Property is described in Exhibit "A" annexed hereto and made
a part hereof and consists of three Lots on Spring Street, Northampton, Hampshire
County, Massachusetts.
ARTICLE II
I. SUBDIVISON
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
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
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the Developer or its successors or assigns. These restrictions do not prevent the
construction or utilization of accessory apartments to the extent allowed by
applicable law.
Property lines between Lots may be re- plotted by said owners, provided no
additional Lots are created. Such re- plotting will require the written approval of
the Developer until January 1, 2005.
2. RESIDENTIAL USE
Each Lot shall be used for residential or non - commercial purposes only.
No mechanical, mercantile or manufacturing trade or business other than the
practice of a home occupation and then only within the dwelling house on the lot
shall be carried out on or upon any Lot. No hospital, rest home or educational
institution of any kind shall be established and maintained thereon. No separate
professional office building shall be permitted. No so -called clubs or social
organizations shall occupy any Lot. In no event shall any Lot be used for any
purpose which may be or may become an annoyance or nuisance to the other Lots.
No more than two (2) tag sales per year of the possessions of a Lot owner or
tenant thereof shall be pernutted.
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
three cars, together with accessory non - residential structures such as greenhouses,
tool sheds, pools and fencing shall be permitted; but only if and so long as they are
used in connection with a dwelling house.
3. RESIDENCE SIZE AND STYLE
.-
One -story dwellings shall contain not less than 1,500 square feet of gross
living area. Two -story dwellings shall contain not less than 950 square feet of said
living area on the first floor and not less than 1,700 square feet of total living area.
Living area is defined as "year round, heated living space located above grade"
excluding porches, breezeway and garage.
4. LOCATION OF STRUCTURES ON A LOT
No residence or garage, or any part thereof, shall be erected or placed
nearer than 50' to any street line, nor 25' to any side line, nor 40' to any rear line
of any building Lot.
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5. BUILDING APPROVAL
No building, fence, wall or other structure shall be commenced or erected,
nor shall any addition be made, until plans and specifications, showing the nature,
kind, shape, height, materials, floor plans, exterior color scheme, and the grading
plan of 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 grading plans which are not suitable or desirable, in its
opinion, for aesthetic or other reasons. In so passing upon such plans,
specifications and grading plans, the Developer shall take into consideration the
suitability of the proposed structure and materials to be the site, including
harmony with the surroundings and effects on the outlook from neighboring
properties. Said submission of plans shall include:
a. a plot plan of the Lot, showing the location of the proposed
construction:
b. building plans, including drawings which show the elevations of the
proposed construction;
c. a.description of exterior materials and colors; and
d. the Lot owner's proposed construction schedule.
The Developer's approval, if any, of said plans shall be in recordable form.
If the Developer fails to approve or deny a proposed structure within forty
five (45)days after receiving the full proposal as described above, the proposal
shall be deemed approved. The Developer's right of approval under this
paragraph 5 shall expire on January 1, 2005.
6. SIDING
No tarpaper, asphalt siding, aluminum siding, log siding, plywood siding,
Texture I -H siding, roll brick or similar materials may be used as siding on outside
walls. Vinyl siding may be permitted, but only vinyl with an exposure of 3 Y2" or
less. Trim -such as facia, soffit and cornerboards shall be in an offsetting color.
7. ROOFING
All roofing shall be 25 year or better asphalt or composite roofing shingles,
or cedar, tile, metal or slate roofing shingle.
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A roof pitch of 7 in 12 or greater will be required on all residences and
garages, although a shallower pitch may be permitted on porches, gables or
dormers.
8. INCOMPLETE DWELLINGS
The exterior of any building erected on a Lot and the landscaping and
grading in connection therewith shall be completed within 12 months after
commencement. No structure of a temporary character, trailer, shack, tent or
garage shall be used on any site at any time as a residence, either temporarily or
permanently.
9. BOATS, AUTOMOBILES, TRAILERS, CAMPERS, AND
COMMERCIAL VEHICHLES
Parking of mobile homes, recreational vehicles over twenty (20) feet in
length, trailers, Class II trucks, heavy construction equipment, unlicensed or
derelict vehicles or any other similar property, on a Lot or common driveway shall
be prohibited, unless parked or stored inside a garage.
10. LOCATION OF UTILITES
The furnishing of all utility services to each Lot shall be by means of
underground installation. No underground storage of petroleum, oil or other
substances harmful to the environment shall be permitted. Underground propane
storage is allowed to the extent permitted by governing laws and ordinances.
11. ANIMALS
Animals, livestock or poultry may be raised, bred or kept, including dogs,
cats or other usual household pets, on Lots provided that they are not kept, bred or
maintained for commercial purposes and do not become a nuisance to other Lot
owners and occupants.
12. CLOTHESLINES, GARBAGE CANS, ETC.
All clotheslines, equipment, trash containers, service yards, woodpiles and
storage piles shall be kept screened by adequate planting or fencing so as to
conceal them from the view of neighboring residences and streets, 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 Lot
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
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which will or may render the same or any portion thereof unsanitary, unsightly,
offensive or otherwise detrimental to any other Lot.
13. SIGN'S
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 permitted by applicable zoning laws;
c. Professional signs as permitted by the Northampton Zoning By laws;
d. During the time of construction of any building or other
improvements, one job identification sign not larger in area than three
(6) square feet;
e. A "For Sale" or "For Rent" sign, of reasonable type, size and
appearance, but only if attached to the building or free standing.
£ Informational or directional signs erected or maintained by the
Developer, its successors or assigns.
14. ANTTEN'NTAS
Television or other antenna structures, including dish antennas, aerials or
other electronic receiving devices shall be placed, constructed or maintained a Lot
only if they are under 8' in height above grade, are located in the rear yard, and are
screened with fencing or plantings from the street and neighboring properties.
15. FENCES
No fences over 6' in height or hedges over 8' in height shall be constructed.
Fences in front yards of houses shall be limited to 42" in height.
- 16. EARTH REMOVAL
No loam, sand, gravel or other solid material, except that resulting from
customary landscaping or from construction permitted and approved hereunder,
shall be removed from a Lot.
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17. MAINTENANCE OF LAWNS AND DRIVEWAYS
a. The use of sodium chloride for ice control shall be minimized,
consistent with access and safety requirements, in accordance
with the requirements of the Water supply Protection District.
b. Commercial fertilizers, pesticides, herbicides, or other leachable
materials shall not be used in amounts which result in
groundwater contamination, in accordance with the requirements
of the Water supply Protection District.
18. EXTEROR LIGHTING
No exterior lighting shall be installed so as to interfere with or spill over
onto neighboring properties. No lights shall be placed higher than the eaves of the
house.
19. MAINTENANCE
Each Lot and each home together with the accessory structures shall
be maintained in a neat appearance and manner by the owner.
20. LEASING
Nothing herein shall be deemed to prevent the leasing of a residence from
time to time by the owner thereof, subject to all of the provisions of this
Declaration.
21. DEVELOPER'S EXEMPTION FROM COVENANTS
The foregoing covenants shall not apply to the business activities of the
Developer, its successors or assigns until all the Lots are sold by the Developer or
a successor Developer.
22. DURATION
The covenants and restrictions of this Declaration shall run with and bind
the land and shall inure to the benefit of the Developer, its successors and assigns
and all Lot owners.
**&Vol ✓
23. SEVERABILITY
Invalidation of any one of these covenants or restrictions by judgment or
court order shall in no wise effect any other provisions, each of which shall remain
in full force and effect.
ARTICLE III
ENFORCEMENT PROVISIONS
24. RIGHT TO ENFORCE
The right to file an action arising under these Restrictions shall be held by
the Developer and by the owner of any Lot in the Subject Property. The
prevailing party shall recover reasonable attorneys' fees and costs incurred in any
such action. All other provisions related to collection of assessments as set forth
in the Bylaws shall also apply.
ARTICLE IV
COMMON OBLIGATIONS
To govern and regulate the Lot owners respective rights and obligations
toward each other, the Bylaws and Association established thereunder in form
annexed hereto and made a part hereof, are incorporated by reference.
BYLAWS
OF
SPRING MEADOW PROPERTY OWNERS ASSOCIATION
ARTICLE I. Name, and Office
Section 1: Name The Name of this Association shall by Spring Meadow
Property Owners Association (hereafter referred to as the "Association ").
Section 2: O fLice s. The principal office of the Association shall be in the
City of Northampton, Massachusetts.
ARTICLE II. Membership and voting Rights in the Association.
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Section 1: Membership Every person or entity who or which is the record
owner of the fee or an undivided interest in the fee of any of the three (3) Lots
numbered 1 through 3 inclusive as depicted on the Plan entitled "Plan of Land in
Northampton, Massachusetts, Prepared for New Harmony Properties, Inc." dated
September 17, 1999, revised November 8, 1999, prepared by Harold L. Eaton and
Associates, Inc., recorded in Hampshire County Registry of Deeds Plan Book
Page , (the Lot Plan), shall be a member of said Association. Any
person or entity who or which holds bare legal title merely as the security for any
obligation or which has purchased the same at foreclosure or acquired ownership
by a deed in satisfaction or partial satisfaction of the mortgage obligation, shall not
be a member unless it occupies or rents the Lot.
Section 2: Voting Rights said Association shall initially have two (2)
classes of voting membership.
Class A. Class A owners shall be all those owners as defined in Section 1
with the exception of the Developer. Class A members shall be entitled to one (1)
vote for each Lot (hereinafter at times called a "voting membership ") in which
they hold the interests required for membership by Section 1. When more than
one (1) person holds such interest or interests in any Lot, all such person shall be
members, and the vote for such Lot shall be exercised as they among themselves
determine, but in no event shall more than one (1) vote be cast with respect to any
such Lot. In the event two (2) or more owners of a single Lot are unable to agree
upon how to exercise their vote or a particular issue, the vote of that Lot shall not
be counted.
Class B. The Class B member shall be the Developer so long as it retains
title to one or more Lots. The Class B member shall be entitled to three (3) votes
for each Lot in which it holds the interest required for membership by Section 1.
Upon sale of all Lots by the Developer or its successors as a developer, there shall
be no Class B member and all voting rights shall be held by the Class A members.
Section 3: _Member's Easements of Use and Enjoyment Every member
shall have a right and easement of use and enjoyment in and to the fifty (50) foot
wide Common Driveway Easement Area or the ten (10) foot wide access easement
shown (or hereinafter designated) on the Lot Plan, or the General Site
Development Plan(s) dated , 1999, prepared by William A.
Cannon, and recorded in Hampshire County Registry of Deeds Plan Book, Pages
through , inclusive. The fee to the Common Driveway Easement
Area and the access easement shall be owned by the particular Lot owner through
whose Lot that portion of the easement area passes, subject to the easement rights
granted.
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Section 4: Annual Meeting The annual meeting of the Association shall be
held in Northampton on the first Saturday in May of each year, or at such other
time and place as may be designated by a majority of the voting membership
entitled to vote thereon.
Section S: Notice ofAnnual MeetiM. Notice in writing of the time, place
and purpose or purposes of the annual meeting shall be give either personally or
by mail, not less than seven (7) nor more than thirty (30) days before the meeting,
to each person whose name appears upon the books of the Association as the
owner of a Lot; such notice, if mailed, shall be directed to such members at his
address as it appears upon the books of the Association.
Section 6: Special Meetings Special meetings of the members shall be
called at any time by the President or Treasurer in the same manner as annual
meetings. The President shall call a special meeting upon the written request of
not less than two (2) voting members.
Section 7: Waiver o Notice The provision as to notice may be waived by
written acknowledgment of the same executed by all the voting members,
provided said waiver is filed with the records of such meetings.
Section 8: Quorum. At any meeting of the members of the Association the
presence, in person, of two (2) voting members entitled to be cast will be
necessary to constitute a quorum for all purposes. The approval of the members,
present in person representing at least fifty -one percent (51 %) of the total number
of votes entitled to be cast, shall be necessary for affirmative action or any matter
involving expenditures of any sum or money in excess of Two Thousand Dollars
($2,000.00) or the disposition of property or the imposition of special assessments
for capital improvements. On all other matters, the vote of a majority of those
present, in person, shall be sufficient.
Section 9: Compensation and Expenses Members shall not receive any
compensation for their services, but may be reimbursed for expenses incurred, if
the same are approved by a majority of members present and entitled to vote at the
meeting during which request for such payment is made.
Section 10: Proxy and Voting At each meeting of the members of the
Association, except as to any Lot held by the Developer, each Lot shall be entitled
to one (1) vote. No owner of a Lot against whom there are any outstanding and
unpaid assessments (as hereinafter provided) shall be entitled to vote at any
regular or special meeting.
ARTICLE III. Maintenance Assessments.
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Section]: Right to Make Maintenance Assessments The Developer, for
each Lot owned by it, hereby covenants, and each owner of any Lot by the
acceptance of a deed thereto or the inheritance of the record title thereto, whether
or not it shall be expressed in the devise, deed or other conveyance, shall be
deemed to covenant and agree to pay to the Association equally as to each Lot:
(1) Annual Assessment or Charges, and,
(2) Special Assessments for capital improvements: both of such
assessments to be fixed, established and collected from time to time as
herein provided. Both the annual and/or special assessments, together with
interest thereon and costs of collection thereof as herein provided, shall be a
charge on the land and shall be a continuing lien upon the Lots against
which each such assessment is made. Each such assessment, together with
such interest thereon and cost of collection thereof, as herein provided,
shall also be the personal obligation of the Lot owner(s) at the time when
the assessment fell due.
Section 2: Purpose of Assessment The assessments levied by the
Association shall be used exclusively for:
(a) The improvement, replacement, repair and maintenance (including
snow and ice removal and sanding) of the driveways, drainage, utilities
(such as common water, sewer, gas, electric and phone lines) mowing,
planting, signage and other portions from Spring Street and within the area
designated as "50' Right of Way Easement" on Sheet No. 2.0 of the
Development Plan recorded in Hampshire County Registry of Deeds Plan
Book , Page
(b) Periodically (at least twice annually) the area designated "Conservation
Easement (Open Meadow)" on the Development Plan, which area is
basically bounded east by Spring Street, south by the northerly edge of the
50' Right of Way Easement, west by a line depicted on said Plan as an
extension of the line labeled "PT @STA 9 + 49.02 to the northerly line of
Lot 1 and north by the northerly line of Lot 1 extending to Spring Street.
Section 3: Basis and Maximum of Annual Assessments Until May 1, 2002,
the Developer shall be responsible for all such costs described in Section 2.
Thereafter the annual assessment shall be paid by the Lot owners in equal shares
and the annual assessment may be increased or decreased by the vote of the
membership of the Association in accordance with these Bylaws.
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Section 4: Special Assessments In addition to the annual assessments
authorized by Section 3 hereof, the Association may levy in any assessment year a
special assessment, applicable to that year only, for the purpose of providing for
the payment of unfunded costs which exceed the current cash reserves of the
Association, provided that, regardless of any change in the Association Bylaws,
any special assessment authorized by said Association must receive a fifty -one
percent (51 %) majority of the votes entitled to be cast at a meeting duly called for
this purpose, written notice of which shall be sent to all members at least thirty
(30) days in advance and shall set forth the purpose of the meeting.
Section S: Date of Commencement of Annual Assessments The annual
assessments provided for herein shall commence on January 1, 2002, and shall be
payable on the date fixed by the duly elected officers of the Association. Said
Association shall furnish, upon demand by any owner, a certificate in writing
signed by any officer of the Association (other than the owner who demanded the
certificate) attesting that any annual or special assessment is paid or outstanding.
Any such certificate, if recorded in Hampshire Registry of Deeds within 30 days
of its' date, shall be conclusive evidence of the facts stated therein.
Section 6: Effect o Nonpayment ofAssessment If the assessments are not
paid on the date when due, then such assessments shall become delinquent and
shall, together with such interest thereon, and cost of collection thereof as
hereinafter provided, thereupon become a continuing lien on the Lot which shall
bind such property in the hands of the then owner and his successors in record
title. The personal obligations of the then owner to pay such assessment, however,
shall also remain his personal obligation.
If the assessment is not paid within thirty (30) days after the delinquency
date, the assessment shall bear interest from the date of delinquency at the rate of
eighteen (18 %) percent per annum, and the Association may bring any action at
law against the, owner personally obligated to pay the same or to foreclose the lien
against the Lot, and there shall be added to the amount of such assessment the
costs of preparing and filing the complaint in such action, and in the event a
judgment is obtained, such judgment shall included interest on the assessment as
above provided and reasonable attorneys' fees to be fixed by the Court together
with the costs of the action.
Section 7: Subordination of the Lien to Mortgagees. The lien of the
assessments provided for herein shall be superior to the lien of any mortgage or
mortgages now or hereafter placed upon the Lot subject to the assessment after
sale thereof by the Developer.
11
Section 8: Procedure for Foreclosure of Lien for the Payment of
Assessments. The lien provided for herein may be enforced, in case of
nonpayment for four (4) months from the due date of the assessment, by sale at
public auction on the Lot owner(s) premises, first complying with the statutes
relating to the foreclosure of mortgages by power of sale in a Massachusetts form
of power of sale mortgage. The recording of an affidavit of such sale together
with the Association's deed to the purchaser(s) shall forever bar the delinquent Lot
owner and his successors in record title, from all right and interest in said Lot, at
law or in equity. Similarly, as above, the lien sought to be foreclosed shall include
the aforesaid interest and legal costs and attorneys' fees incurred as a result of the
foreclosure proceedings.
ARTICLE IV. Members /Officers.
Section 1: Qualification, Number and Term of Office The business and
properties of the Association shall be supervised by the voting members, who shall
elect a President, Treasurer and such other officers as determined from time to
time by plurality vote at the annual meeting of the members, to serve for a term of
two (2) years or until his successor shall be duly elected, except that until January
1, 2002 the Developer shall serve as President and Treasurer. No officer of the
Association is required to be a member
Section 2: Powers o Members The members shall have the overall
supervision of the business of the Association. In the management and control of
the property, business and affairs of the Association, the members are hereby
vested with all the powers possessed by the Association itself, so far as this
delegation of authority is not inconsistent with the Laws of the Commonwealth of
Massachusetts, and with these Bylaws.
Section 3: Vacancies. In the case of any vacancy in any office through
death, resignation, disqualification or other cause, the members by vote of a
majority thereof, may elect a successor to hold office for the unexpired portion of
the term and until his or her successor shall be elected.
Section 4: Officers Duties. The President shall preside over all meetings of
members and shall exercise all other duties and responsibilities usual and
customary to such position. The President shall annually appoint a Secretary to
record all proceedings of the membership and record and respond as directed to all
correspondence to the Association.
Section S: Treasurer The Treasurer may have the custody of all of the
funds, property and securities of the Association. When necessary or proper, the
Treasurer may endorse on behalf of the Association for collection, checks, notes
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and other obligations, and shall deposit the same to the credit of the Association at
such bank or banks or depository as the members may designate. The Treasurer
shall: sign all receipts and vouchers, sign all checks of the Association, as well as
promissory notes issued by the Association; enter regularly on the books of the
Association to be kept by the Treasurer for the purpose, full and accurate account
of all the monies and obligation received and paid or incurred by the Treasurer for
or on account of the Association and shall exhibit such books at all reasonable
times to any member; in general, perform all the duties incident to the office.
Section 6: Removal Any officer may be removed from office by the
affirmative vote of a majority of the permissible voting members represented at
any regular meeting or special meeting called for that purpose, for any reason
deemed sufficient by said membership.
ARTICLE VI. Capital Stock.
Section 1: Capital Stock. There shall be no capital stock of the Association
and no directors.
ARTICLE VII. Amendments.
Subject to the restriction hereafter specified, the Declaration of Restrictions
and these Bylaws may be altered, amended, or repealed at any meeting of the
Association by a vote of two- thirds (2/3) of all of the total number of votes entitled
to be cast, represented either in person or by proxy, provided that the proposed
action is inserted in the notice of such meeting. Notwithstanding the foregoing no
such alteration, amendment or repeal shall terminate the rights to the Common
Areas if this would violate any condition order or stipulation of any governmental
authority issued incident to such authority's approval of the subdivision, without
the duly authorized approval of such authority.
ARTICLE VIII. Fiscal Year.
The fiscal year of the Association shall be the calendar year.
ARTICLE IX. Declaration of Property Restrictions Incorporated Herein.
All of the provisions set forth in the instrument entitled "Declaration of
Property Restrictions and Establishment of Lot Owners Association for the
Subdivision Known as New Harmony Properties" dated
and recorded in the Hampshire County Registry of Deeds, are hereby incorporated
herein by reference.
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Hampshire, ss.
NEW HARMONY PROPERTIES, LLC
L
Jonathan A. Wright, Manager
COMMONWEALTH OF MASSACHUSETTS
Then personally appeared before me the above -named Jonathan A. Wright,
Manager of New Harmony Properties, LLC and acknowledged the foregoing
instrument to be his free act and deed.
Notary Public
My commission expires:
D:\RAC\znisc\NewHarmony-declarationofrestriction 4
14
11115/1999 09:27
Nov 10 99 05.27p
4135276389
WILLIAM A CANON
Cit if Northeiept:on 413 — 7 1575
MEMORANDUM
PAGE 02
P -
Dan. Yneuzzo, CAtir;.Plma seam
Samuel 13. Brindis, PA., Director, Dgmrtmssstt of public Works
October 4, 1999
File $ 00 - SR17, 00 SP - -I8 & WSP -19 -3S2 Spring Street R.EVtSED PIAN
file
The DePzKUWA of Public'VI'rft'ti w ravierr the stio w resRerated s"Heation for the fanowing item,':
Trafsffc:
x Volume & Imptat on City Street
x Roadway Capacity
x Adequacy of City Road Consbumioo
Site Distances
Paddng
x Driveway Op eninp
Utilities;
— & – Drainage Into City Stvrmwater System
x Caparaty of Stormwater Line
A Sanitary Sewer
x Water
Other
C
The Department of Public Works bm the to nowing comments;
No Concerns, project will Tot have an iMpaot on any items reviewed
Traffic Study is required
Roadway does twat have adequate oap oky to handle the additional t
Roadway is not adequately constructed to handle proposed increaser in traffic
Site Distaffs sue Wt odoqude for proposed project
Parking spacers do not sorer/ mintinum requirements
Puking $Psis are too close tea &*sway opening
Driveway openings am not a& Ruatea fbr proposed use
City stormwater � is not edayuate to hand increase in drainage
Stormwater system door not melt ndninwm requirements for reduction of Total
Suspended Solids MS)
Sanitary Sewer tine is not adesquastedy sued for proposed use
x Sewer line skould how an t an alt prwaVes for a cm and maintenance
Water time is not adequately sired for proposed use
Water line connection is not properly shdwn
Other Comments:
:
• City tight -of -way is bb feet at this location. Sidewalk must be returned to pre -
construction conditions, Roadway pavement shall not be disturbed.
Easement is not neoeseary for existing catehbasin in field, as it is located within the
road right- of -way.
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PLANNING AND DEVELOPMENT . CITY OF NORTHAMPTON
CitN Haff • 2 r o Main Street . Nortbampton, MA or oho . 4 • B=413)587-1i64
wayrereiden • emai[: panning @city.northampton.ma.us • internet :www.city.northampton.mams
NORTHAMPTON PLANNING BOARD
LEGAL NOTICE
The Northampton Planning Board will hold a meeting at 7:00 P.M. on Thursday, October 14,
1999 in Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street,
Northampton, MA, at which time Public Hearings will be conducted on the following:
8:00 P.M. - Public Hearing on a request from Sprint Spectrum, L.P. a/k/a Sprint PCS for a
Special Permit with Site Plan Approval to mount PCS antennas on a water tank and place
equipment cabinets below under Sections 5.2, 10. 10, 10.11 and 11.8 of the Zoning Ordinance, for
property located at 222 River Road, also known as Assessor's Map 5, Parcel 1.
8:30 P.M. - Public Hearing on a request from Harris & Julie Thompson for Special Permits with
Site Plan Approval for 1) an Open Space Residential Development under Sections 10.10,10.11
and 11.4 of the Zoning Ordinance; 2) excavation within three feet of the ground water table in
a Water Supply Protection District under Sections 10. 10, 10.11 and 16.7 Zoning ordinance; and
3) a common driveway to service three lots under Sections 10. 10, 10.11 and 6.12, for property
located at 352 Spring Street, Northampton, also known as Assessor's Map 15, Parcels 16 and
19, and Assessor's Map 16C, Parcels 1 and 2.
PUBLISH: September 30, 1999 and October 7, 1999
Office of Planning and Development; Account # 71350
Room 11, City Hall, 210 Main Street, Northampton, MA 01060
09/28/99 08:33 '094135871264 NORTHAMPTON, MA
xx ACTIVITY REPORTxxx
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TRANSMISSION OK
1'X /Ra NO. 7739
CONNECTION TEL 95855222
CONNECTION ID
START TIME 09/28 08:31
USAGE TIME 01'41
PAGES 2
RESULT OK
(A 001
.,
PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON
City Haff . 2io Main Street • Nortljampton mAoro6o . f4r3)587 -1266 -Fax: 413)587-1264
Way re Feiden, Director - email: planning (_Wcity.northampton.ma.us - internet :mmmcity.northampton.ma.us
September 30, 1999
Harris and Julie Thompson
352 Spring Street
Florence, MA 01062
Dear Mr. and Mrs. Thompson:
Your applications for Special Permits with Site Plan Approval for 1) an Open Space
Residential Development, 2) excavation within three feet of the ground water table in
a Water Supply Protection District, and 3) a common driveway to service three lots for
property located at 352 Spring Street, Florence, has been received by the Northampton
Planning Board, and the Public Hearing will be conducted at its meeting scheduled for October
14, 1999 at 8:30 P.M. in Council Chambers, Wallace J. Puchalski Municipal Building, 212
Main Street, Northampton. You and/or your representative(s) are required to attend this
meeting to explain the application and discuss the merits of the application.
Approximately two weeks before the Public Hearing is scheduled, a legal notice announcing the
meeting will be published in the Daily Hampshire Gazette (copy attached). All the abutters
within three hundred feet of the property will receive a copy of this notice in the mail.
If you have any questions, please contact the Office of Planning and Development, City Hall,
Telephone 587 -1262.
Sincerely,
aG ,,& .
Laura H. Krutzlbr
Board Secretary
enclosure
cc: William A. Canon, Landscape Architect, 158 Northampton Street, Easthampton, MA 0 102 7.
planningboard • conservation commission - zoning board of appeals - housing partnership - redevelopment authority
economic development - community development - historic district commission -historical commission - northampton GIS
originaiprintedon reggd dpaper
-..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
• Community and Economic Development
Conservation - Historic Preservation
- Planning Board - Zoning Board of Appeals
- Northampton Parking Commission
TO: Captain Michael Wall, Police - Department
RE: Permit application
FROM: Laura Krutzler, Board Secretary /OPD
DATE: _.'411 4 " ' 7 '� i fFe
Would you please review and return the
SPec F�2.,, „- S F& '- - cx-,Q
enclosed
application
before the P lan�nin � gB �o aid[Zoning Board of
Appeals meeting scheduled for so
that we can advise the .Boards of any
concerns you may have.
Thank you.
on
City of Northampton, Massachusetts
Office of Planning and Development
City Hall • 210 Main Street
Northampton, MA 01060 • (413) 586 -6950
FAX (413) 586 -3726
• Community and Economic Development
• Conservation • Historic Preservation
• Planning Board • Zoning Board of Appeals
• Northampton Parking Commission
TO: Anthony Patillo, Building Inspector
RE: Permit application
FROM: Laura Krutzler, Board Secretary /OPD
DATE: / -/`
-...'
Would you please review and return the
enclosed
mpN
1 Tj T uF 5eK ve PY Cam
before the anning Boar �/Zoning Board of
Appeals meeting scheduled for so
that we can advise the Boards of any
concerns you may have.
Thank you.
It
, ..n
City of Northampton, Massachusetts
Office of Planning and Development
City Hall • 210 Main Street
Northampton, MA 01060 • (413) 586 -6950
FAX (413) 586 -3726
• Community and Economic Development
Conservation - Historic Preservation
• Planning Board • Zoning Board of Appeals
• Northampton Parking Commission
TO: Sam Brindis, DPW
RE: Permit application
FROM: Laura Krutzler, Board Secretary /OPD
DATE: mod, i qQ1
Would you please review and return the
F � S.tv• °,,,br OF- - C�'
enclosed -sit
application
before th ecPlannina Boar /Zoning Board of
Appeals meeting scheduled for , r/� so
that we can advise the Boards of any
concerns you may have.
Thank you.
It
City of Northampton, Massachusetts
Office of Planning and Development
City Hall • 210 Main Street
Northampton, MA 01060 • (413) 586 -6950
FAX (413) 586 -3726
• Community and Economic Development
• Conservation • Historic Preservation
• Planning Board • Zoning Board of Appeals
• Northampton Parking Commission
Brian Duggan, Fire Department
TO:
RE: Permit application
FROM: Laura Krutzler, Board Secretary /OPD
DATE: ' Z ,14" ;' /'/Y/
Would you please review and return the
S n�z
enclosed `�
t� �`application
2 CF FILL YNPI M'C� I N LN
. .
before the ann�n Boar oning Board of
Appeals meeting scheduled for
that we can advise the Boards of any
concerns you may have. Ii
Thank you.
It
W
September 20, 1999
City of Northampton Planning Board
City Hall
Northampton, MA 01060
E
Re: New Harmony Properties, Inc.
(Jonathan Wright)
Harris & Julie Thompson
352 Spring Street
Northampton, MA 01060
Dear Planning Board,
D
� ^
SEP 20 ;,_ 9
CITY CLERKS OFFICE
NORTHAMPTON, MA 01060
L A N D S C A P E A R C H I T E C T U R E
E N V I R O N I A E NI AL DESIGN
C O M M U N I T Y P L A N N I N G
158 NORTHAMPTON STREET
E A S T H A M P T O N, MA 0 1 0? 7
T L L 4 1 3 5 2 7.. 5 .T 5
E A X 4 1 1 5, 7. 1, J 8 •I
CAN ON 1. A6''1A VAN E T.COM
Please find enclosed project applications for the above mentioned project. The project developer
is New Harmony Properties, Inc., Jonathan A. Wright President as contract purchaser and Harris
and Julie Thompson are the current owners of the project parcel.
The nature of the project is the subdivision of a 52 acre parcel of land into four lots, tthreeof
which are proposed to be cluster lots each with frontage on Spring Street. One lot will be used for
the existing residence at 352 Spring Street. The new residences to be constructed on each of the
other three lots will be accessed by a common driveway. Although the lots will utilize the open
space residential development reduced frontage (from 100' to 75') zoning ordinance provisions
they will each be approximately five acres in size. The three new single family residences have
been sited to preserve the large meadow along Spring Street and to preserve much of the existing
open spaces defined by tree lines and wooded, isolated wetlands.
An attribute of the project will be the preservation of 24 acres for open space in addition to the
"Land Under Contract" which comprises 8 acres for a total of 32 acres. This land will be deeded
to the City for water shed protection and will prevent further development of this parcel which is
in the Water Supply Protection (WSP) overlay zone district.
This application is submitted under the following sections of the Zoning Ordinance:
1. Section 11.4 - Open Space Residential Development
2. Section 16.7 - Excavation within three feet of the ground water table (assumed)
in the WSP zone overlay district.
3. Section 6.12 - Construction of a driveway to serve more than one residence, known
as common driveway.
`.. ..wool
aw
New Harmony Properties, Inc.
page 2.
Should you have any questions regarding this proposal and the information submitted please do
not hesitate to contact this office.
incerely,
William A. Canon,
Landscape Architect
or 1*4W 1
New Harmony Properties, Inc.
Spring Street
Northampton, MA
CONTENTS OF APPLICATON
- Cover Letter
Special Permit Applications for:
Application for Open Space Residential Development
Project Narrative
Application for project in WSP overlay zone district
Project Narrative
Application for Common Driveway
- Location Map
- Zone District Map
- General Site Plan (reduction)
- List of Abutters and labels
Denial Form & Zoning Application
1W
L- J
oa- s5-1r7
CITY OF NORTHAMPTON
PLANNING BOARD APPLICATION FOR: OPEN SPACE RESIDENTIAL DEV.
"W
1.
Type of Project: SITE PLAN APPROVAL:
.Intermediate P.roject.(Site Plan) . .
Major :Project:(Site:Plan Special Permit)
OR X SPECIAL .PERMIT:
Intermediate :Project(with Site Plan Approval)
' Major Project (SitePlan Special Permit)
2.
Permit is requested under Zoning Ordinance: Sectional 1 .4. Page: 11 -7
3.
Applicant's Name: Harris &. ,Jude. Thompson
`
Address: 352 Spring St. _ Northampton MA Telephone: 586
4.
Parcel Identification: Zoning Map # 15 Parcel 4 & Zonin District
a2 g _W_W overlay
Street Address: 352 Spring Street
S.
Status of Applicant: Owner .. X _ ; Contract Purchaser ; Lessee
Other ; (explain)
6.
Property Owner: Harris & Julie Thompson
Address: 352 Spring Street Telcphone: _NZAvailable
7.
Describe Proposed Work/Project: (Use additional sheets if necessary):
�-
Subdivision of 52 acre parcel into lots, one 7Qr e x ist-in
-4 add.
for 3 new single fam. residences Project to incl open space as rea d
Common Driveway will provide ac residences
Has the following information been included in the application? Site/Plot Plan
..
List of requested waivers Fee Signed/Denied Zoning Permit Application
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?
ProposPrl dev. i's 1 n pact C�Pr1Sl 1 �r � }�P use for p rop Res idential pro�PCt
is in context with existing residential neighborhood.
How will the project provide for:
surface water drainage: The low density will not create any significant
runoff volumes. Ave. lot size will be almost 5 acres er residence unit
sound and sight buffers: &n - w reEii dPne s wi 1 1 he moo+ hawk
from ter, - _a_min .
of 500'. Nature /use of land will not create aLi adverse sound.
.ft
the preservation of views, light and air: Project is approx one unit per 5 acre
utilizing almost 20
acres. Building will be set into open areas which are
screened with tree lines. Building on lot 1 will be set back 800' from street.
4
How will the requested use promote the convenience and safety of pedestrian movement within the site and
on adjacent streets? No significant add. pedestrian traffic is anticipated
An existing sidewalk extends from Chesterfield Rd. to Florence Rd.
How will the project minimize traffic impacts on the streets and roads in the area?
The additional 3 residential units will not create a traffic impact
measureable.
Where is the location of driveway openings in relation to traffic and adjacent streets?
One addition driveway (common) is proposed which will be constructed
Driveway is approx. 800' south on Spring St, from int. of Chesterfield Rd.
What features have been incorporated into the design to allow for:
access by emergency vehicles:_ D rive to be design in acc . with requirements
for common drivE:way (design reviewed by Fire Dept.
the safe and convenient arrangement of parking and loading spaces:
No parking areas are proposed with single family res dwellings
provisions for persons with disabilities:
no provisions are required and will be based on ind basis
C. How will the proposed use promote a harmonious relationship of structures and open spaces to:
the natural landscape: buildings are sited to maintain open meadow visi
from Spring St., buildings to be set in open areas to min. vegetation
T _
s
to existing buildings:
existing house to be subdivided on sep. lot
open Space area
other community asse s m t1r area: to be deeded to city will provide p rotection
to water supp protection district.
D. What measures are being taken that show the use will not overload the City's resources, including:
water supply and distribution system: bui 1 di ngS will )e conn, to city servic
serv. stubs were installed prior to resurfacing Spring St.
sanitary sewage and storm water collection and treatment systems: Service stubs
were installed prior to resurfacing Spring Street
fire protection, streets and schools: City hydrant exists at northerly prop. c orner
approx 200' away and hydrant exists in front 01 existing house on property
How will the proposed project mitigate any adverse impacts on the City's resources, as listed
above? Three residential houses will not create any measurable impact
on city services.
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.)
sec.6.12 common drive & sec.16 WSP district regulations.
sec. 11.4 open space residential development.
5
B.
How will the requested use promote the convenience and safety of pedestrian movement within the site and
on adjacent streets? No significant add. pedestrian traffic is anticipated
An existing sidewalk extends from Chesterfield Rd. to Florence Rd.
How will the project minimize traffic impacts on the streets and roads in the area?
The additional 3 residential units will not create a traffic impact
measureable.
Where is the location of driveway openings in relation to traffic and adjacent streets?
One addition driveway (common) is proposed which will be constructed
Driveway is approx. 800' south on Spring St, from int. of Chesterfield Rd.
What features have been incorporated into the design to allow for:
access by emergency vehicles:_ D rive to be design in acc . with requirements
for common drivE:way (design reviewed by Fire Dept.
the safe and convenient arrangement of parking and loading spaces:
No parking areas are proposed with single family res dwellings
provisions for persons with disabilities:
no provisions are required and will be based on ind basis
C. How will the proposed use promote a harmonious relationship of structures and open spaces to:
the natural landscape: buildings are sited to maintain open meadow visi
from Spring St., buildings to be set in open areas to min. vegetation
T _
s
to existing buildings:
existing house to be subdivided on sep. lot
open Space area
other community asse s m t1r area: to be deeded to city will provide p rotection
to water supp protection district.
D. What measures are being taken that show the use will not overload the City's resources, including:
water supply and distribution system: bui 1 di ngS will )e conn, to city servic
serv. stubs were installed prior to resurfacing Spring St.
sanitary sewage and storm water collection and treatment systems: Service stubs
were installed prior to resurfacing Spring Street
fire protection, streets and schools: City hydrant exists at northerly prop. c orner
approx 200' away and hydrant exists in front 01 existing house on property
How will the proposed project mitigate any adverse impacts on the City's resources, as listed
above? Three residential houses will not create any measurable impact
on city services.
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.)
sec.6.12 common drive & sec.16 WSP district regulations.
sec. 11.4 open space residential development.
5
How does the project meet the special requirements? (Use additional sheets if necessary)
Runoff will be minimal due to low density runoff to be minimal and
shed-. vegetated areas for recharge.
F. State how the project meets the following technical performance standards:
I. Curb cuts arc minimized: One curb cut will be constructed
for the three residential units.
Check off all that apply to the project:
use of a con neon 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?
_ X NO YES (if yes, explain why)
3. Are pedestrian, bicycle and vehicular traffic separated on -site?
YES X NO (if no, explain why)
common driveway to provide all access to residences
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) grant Plannin*Bo4rd is 'on to enter the property to review this
application.
Date: Applicant's Signature:
Date: Owner's Signature:
of th same as 4pplicant's)
FOR PROJECTS THAT RE Q UIRE A SPECIAL PERMIT OR WHICH AI2E;A ]MAJOR PROTECT`
.:
applicants MUST also complete the followin
F. Explain why the requested use will:
not unduly impair the integrity or character of the district or adjoining zones
: ��a et s S`on�i stmt
w ith surrounding residential use, very low density and project esign
reserve meadow alon S rin St. and rovide deeded land for WSP zone
not be detrimental to the health, morals or general welfare: Single family residential proj ect
with only three units will not create health hazard and not create a
_criminal bliLht
be in harmony with the general purpose and intent of the Ordinance: URA zone distri
VW a llow-9 for single family rPSidPnt hail ing yne
R
W \"W -.mole
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).
Proposed project is very low density which is appropriate in
district and WSP zone. Project maintains rural character of open
meadows on site and will not disturb wetlands or other natural
features of site Open space deeded to city will provide protect
Of WSP zone_
9. I certify that the information contained herein is true and accurate to the best of my knowledge. The
undersigned owner(s) grant the Pla in p rmission to enter the property to review this
application.
Date: Applicant's Signatur
1
Date: Owner's Signature:
go
ri/lieffaMc as plicant's)
MAJOR PROJECTS MUST LSO.COMPLETE:THE FOLLOWING MP PROJECT APPROVAL
-- CRITERIA:
Does the project incorporate 3 foot sumps into the storm water control system? Yes No
(IF NO, explain why)
Will the project discharge stormwater into 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
increase in peak flows from pre- to post - development conditions during the: 1, 2, or 10 year Soil
Conservation Service design storm ? Yes No
(IF NO, explain wlry)
Will all the runoff from a 4/10 inch rainstorm (first flush) be detained on -site for an average of 6
` hours? Yes No
(IF NO, explain
Is the applicant requesting a reduction in the parking requirements?
Yes No
..
If yes, what steps have been taken to reduce the need for parking, and number of trips per day?
7
,.
1 1%WW New Harmorlp-+roperties, Inc.
Spring Street
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
O Site plan(s) at a scale of 1 "=40' or greater Scale must be greater to show entire parce
of land or portions thereof on one drawing.
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
Existing and proposed:
- buildings Have not been determined until client has been contracted
- setbacks from property lines see design criteria on sheet 1.0
- building elevations Have not been designed, clients unknown
- all exterior entrances and exits Have not been designed, client unknown
(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
r.
7
B -6. Location of.
- dimensions/height
color and illumination
13- 10. Provisions for refuse removal, with facilities for screening of refuse when appropriate:
FOR MAJOR PROJECTS ONLY:
B -1 1. 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.
r.•
Site Plans submitted for major projects shall be prepared and stamped by a:
Registered Architect, Landscape Architect, or Professional Engineer
- 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
water supply facilities
Existing & proposed:
- landscaping, trees and plantings (size & type of plantings) Can not be designed until
�-
house is designed, client unknown
- stone walls Can not be designed until house is designed, client unkno
buffers and/or fencing: Can not be designed until house is designed, client unkno
B -9.
Signs - existing and proposed:
NW
- Location
- dimensions/height
color and illumination
13- 10. Provisions for refuse removal, with facilities for screening of refuse when appropriate:
FOR MAJOR PROJECTS ONLY:
B -1 1. 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.
r.•
Site Plans submitted for major projects shall be prepared and stamped by a:
Registered Architect, Landscape Architect, or Professional Engineer
TW NOMW -. oo
New Harmony Properties Inc.
w
Northampton, MA
PROJECT NARRATIVE
Existing Conditions
The site is located on rolling pasture land encompassing a total of 52 acres along Spring Street in
the Florence section of Northampton, Massachusetts. The parcel of land is long and narrow
extending more than 4,000 feet west to the Sawmill Hills. A narrow frontage of 200 feet is
available for access to the site along Spring St. at the eastern end of the property.
Site features include gently rolling hills offering scenic views of the Sawmill Hills to the west,
open pastures, areas of woodland and wetland. The majority of the wetlands are located at the
lowest point of elevation of the parcel, approximately 1,200 feet from Spring St. and are
delineated with trees.
There is an existing house with horse stables and paddocks located on the south -east corner of the
property. The site is located in a low - density residential area and a water supply protection
district. Utility easements cut through the site, although there are no utility poles that exist at this
�- time. _
Project Concept
New Harmony Properties Inc., is proposed as a low density residential development in a clustered
concept as allowed by special permit under the OSRD, Section 11.4 of the zoning ordinance. The
development of three single family residential units accessible by a common driveway entering off
Spring St. is in context with the existing residential neighborhood. The development is designed
not to disturb wetland areas and minimize the visual impact from Spring St. and maintains the
rural character of the open meadows. Open space proposed to be deeded to the city in compliance
with Section 11.4 of the zoning ordinance will provide for the protection of the WSP zone.
Subdivision of Land
The proposed site encompasses a total of 52 acres of which 20 acres will be subdivided into three
cluster lots (reduced frontage) and one standard frontage lot ranging in size from 3.5 to 6.5 acres.
One lot will contain an existing house and new single family residences will be constructed on
each of the three remaining lots. The new residences to be constructed will be accessed by a 15'
wide common driveway off Spring St.
The new residences have been sited to preserve the large meadow along Spring St. and to take
advantage of existing open spaces delineated by tree lines and wooded, isolated wetlands. New
residences will be set back from the street a minimum of 500', providing a visual and sound buffer
' Now ..W
page 2
New Harmony Properties Inc.
Northampton, MA
from Spring St.
The lot configurations are designed to preserve much of the existing open space and minimize
woodland disturbance. The lots will be serviced with sewer and water lines extending from
existing stubs along Spring St. The low density (5 acres per residential/unit) will not create a
significant increase in storm water runoff volumes.
Frontage Requirements
Due to the location of the existing house on the property and side setback requirements,
insufficient dimensional frontage remains to comply with the 100' minimum frontage and lot width
as required in the URA zone district.
The economic feasibility of the project is designed to utilize the reduced frontage which is
allowed under the cluster concept as per Section 11.4 of the zoning ordinance.
Open Space Concept
To make the proposed four lot development economically feasible, and for the purposes of
determining the open space requirements, the project proposes to deed to the City of
Northampton eight acres of land that is predominantly wetlands designated on the plan as "Land
Under Contract ". This parcel of land is excluded in the density land -use calculations. However, if
the "Land Under Contract" parcel was to be included in the open space calculations, the result
would exceed the maximum allowed wetland and steep slope area of 25% that can be included in
the open space calculations as specified by the zoning ordinance. The amount of open space
required to off -set the wetland area would utilize a significant portion of the area designated for
lot development and would be detrimental to the economic feasibility of the project.
.. The calculations below illustrate how the open space make -up (wetlands and steep slopes) is
determined using the "Land Under Contract ".
Open Space Land Calculation without "Land Under Contract"
Total parcel area 52.30 acres
Proposed lot area 19.82 acres
Open space 32.48 acres = 62.1% of parcel
Wetland + >20% slope
6.71 acres + 4.94 acres + 11.65 acres = 35.87% of open space*
'
page 3
New Harmony Properties Inc.
Northampton, MA
Open Space Land Calculation using "Land Under Contract"
Total parcel area 52.30 acres
Land under contract 8.01 acres
Net parcel area 44.29 acres
Proposed total lot area 19.82 acres
Open space 24.47 acres= 55.25% of parcel
Wetland + 20% slope
.23 acres + 4.5 acres= 4.73 acres = 19.33 % of open space*
Note: Gross total open space area = 32.48 acres
*Under section 11.4.7 of the zoning ordinance- 50% of tract for open space at least 75% shall be neither
wetlands or floodplains nor have slopes greater than 20% (Section 11.4.8). A maximum of 25% of wetland and
steep slope areas may be included in the open space area.
�- New Harmony Properties Inc. proposes to deed to the City of Northampton 24 acres of open
space which is used in the land -use calculations. The gross total area of land to be deeded to the
City of Northampton would be 32.48 acres. This open space make -up meets the criteria as
required by the zoning ordinance.
The open space may be accessed by an existing dirt road which meanders along the southern
property line from the adjacent Government National Guard site. Although access to the
proposed deeded open space is limited, it is anticipated that this land would eventually be
connected to future land areas acquired by the City.
► A conservation easement will be established to preserve the meadow within the lot development
area at the eastern end of the site and along Spring Street. In addition, a 20' wide pedestrian
access easement for the use of the residents of the development to the open space areas will be
established.
D
CITY OF NORTHAMPTON
PLANNING BOARD APPLICATION FOR: PROJECT IN WSP ZONE
W,
1. Type of Project: SITE PLAN. APPROVAL:
Intermediate Troj ect.,(Site: Plan)
I1'Ia�or:Pro�ect (Site Plan Special
OR X SPECIAL PERMIT.:.
X Intermediate Project (with Site Plan Approval)
Major Project (SiteTlan Special Permit )
2. Permit is requested under Zoning Ordinance: Section: 16 7 Pag e:16 - 4
3.
Applicant's Name: Harris & Julie Thompson
Address: 352 Spring St. Northampton MA Telephone 586 - 8287 (fi
4.
Parcel Identification: Zoning Map # 1 _ Parcel # 16 Zoning District & W SP overlay
Street Address:
S.
Status of Applicant: Owner X Contract Purchaser ; Lessee
Other ; (explain)
6.
Property Owner: Harris & Julie Thg=son
Address: 392 S ring StrPPt Telephone: N /Ayai 1_abl P
7.
Describe Proposed WorkJProject: (Use additional sheets if necessary):
Subdivision of _52 acre Dar -PI int 4 lets one for Pxisting hnligp
And
three additional lots for three new residences.
Has the following information been included in the application? Site/Plot Plan
List of requested waivers Fee Signed/Denied Zoning Permit Application X
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?
Extremely low d ngi /ty residen 17gp Prn�;art
surrounding neighborhood.
How will the project provide for:
surface water drainage: Surface runoff to be shed to vegetated areas
�-
recharge. Low density will not create any accumulated runoff
sound and sight buffers: Project will maintain existing tree lines and
wooded areas. Nature /use of land
will not create adverse noise.
..
the preservation of views, light and air: Pro ject is approx. one unit per 5 acre
utilizing 20 acres. Building will be in
open areas which are screened
-with tree lines. Building on lot one will be -set back 800' from the street
.. `,, .�
B. How will the requested use promote the convenience and safety of pedestrian movement within the site and
on adjacent streets? No significant add pedestrian traffic is anticipated
How will the project minimize traffic impacts on the streets and roads in the area?
The additional 3 residential units will not create a traffic im act
measureable.
Where is the location of driveway openings in relation to traffic and adjacent streets?
One driveway (common) is proposed which will be constructed
\V features have been incorporated into the design to allow for:
access by enhcrbeucy vehicles; Driv - 6way to be designed in ace wi th re !j r ments
for common driveway.
the safe and convenient arrangement of parking and loading spaces:
No parking areas are proposed with single family res dwellings
Provisions for persons with disabilities:
no provisions are required and will be based on ind basis _
C. How will the proposed use promote a harmonious relationship of structures and open spaces to:
tine natural landscape: buildings are sited to maintain open meadow visi
from Spring St., buildings to be set in open areas to min. vegetation
to existing buildings:
existing house to be subdivided on sep lot
other community assets in the area: open space to be- deeded to the city`
water suppy protection district.
D. What measures are being taken that show tic use will not overload the City's resources, including:
water supply and distribution system: b ii 1 i ng� �.ri 11 hP cone to city servic
serv. stubs were installed prior to-resurfacing Spring St.
sanitary sewage and storm water collection and treatment systems: Service stubs
• were installed prior to resurfacing Spring..Street
fire protection, streets and schools: City hydrants_ (2) are prese across Spring St.
from property. One is 200' n'ly from .property.
How will the proposed project mitigate any adverse impacts on the City's resources, as listed
above? Three residential houses will not create any measurable impact
on city services.
E. List the secdon(s) of the Zoning Ordinance that states what special .regulations are.required for the
proposed project (flag lot, common drive, lot size averaging, etc.)
sec. 6.12, common drive & sec. 16 WSP district regulations.
5
'4✓ I mv
dLv
How does the project iiieet the special requirements? (Use additional sheets if 1lececsarv)
Runoff will he minimal due to low density driveway grading
t drive to meet of sec 6.12 L '
F. State how the project meets the following technical performance standards:
1. Curb cuts are minimized: One Curb Cut will be constructed
for the three residential units
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 YES (if yes, explain why)
_ 3. Are pedestrian, bicycle and vehicular traffic separated on -site?
YES NO (if no, explain why)
common driveway to provide all access to residences
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) grant Pla ng d p ission to enter the property to review this
application.
Date: Applicant's Signatur .
Date: Owner's Signature:
( not the s e'as applicant's)
FOR PR RE. UIRE A <SPECIAT APE R > CHs''`
: ::..... ,Q, �'�'. , .. A2EA > IVIAJOI2 PI2OfiEC'T
a licants MUST also con lete:the followin .
F. Explain why the requested use will:
not unduly impair the integrity or character of the district or adjoining zones: ��a i s nnnsi stent
wi th surrounding residential use, very low density and project de sign
Will - preserve meadow along Spring St and provide deeded land for WSP z one
not be detrimental to the licalth, morals or general welfare: Single family residential proj ect
with only three units will not create health hazard and not create a
criminal blight
be in harmony with the general purpose and intent of the Ordinance: jJRp, zone distri
allows for single fermily rPSirlPntial h„i1 =9_ ype
Ri
dff
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 Recreation Plan;
Northampton State Hospital Rezoning Plan; and Downtown Northampton: Today, Tomorrow and the
Future).
Proposed project is very low density which is appropriate in
district and WSP zone. Pro ect maintains rural character of open
meadows on site and will not disturb wetlands or other natural
features of site. Open space deeded to city will provide protect
Of WSP zone_
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 Boa d permission to enter the property to review this
appli ation.
Date: 7 Applicant's Signature:
Date: Owner's Signature:
.0001 , (If no he me s applicant'
MAJOR PROTECTS MUST> AISO.; COMPLETE: THEEOI ;TQ:WING:MAJQRPROJECT >AI?PRO�
Does the project incorporate 3 foot sumps into the storm water control system? Yes No
(IF NO, explain why)
Will the project discharge stormwater into the City's storm drainage system ?. Yes N
(IF 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- to post - development conditions during the: 1; 2, or I0 year Soil
Conservation Service design storm ? Yes No
(IF NO, explain why)
NVill all the runoff from a 4/10 inch rainstorm (first flush) be, detained on -site for an average of 6
hours? Yes No
(IF NO, explain why)
Is the applicant requesting a reduction in the parking requirements?.':. .
•• Yes N
If yes, what steps have been taken to reduce the need for parking, and number of trips per day?
7
'
,.
New Harmony Properties, Inc.
Northampton, MA
Re: Project Development within a WSP (Water Supply Protection) overlay zone district.
Project Narrative
The project site, located on Spring Street is within a the WSP zone overlay district. The district
is intended to protect lands lying within the primary and secondary recharge areas of ground
water aquifers which provide public water supply, as well as water sheds for public surface water
supplies.
Under Section 16.3 of the zoning ordinance the location of the high ground water table has not
been determined and it is presumed that the development may be within three feet of the annual
ground water table.
Under Section 16.7 of the zoning ordinance the applicant of the development is filing a special
permit in accordance with 1.B - any excavation incidental to a permitted use which includes
residential housing.
Under the special permit application and as shown on the site plans, provisions have been to
minimize the impact of the development on the overlay district.
- Runoff will surface flow into adjacent meadows to allow for ground water recharge.
- Silt fence, erected prior to construction, will prevent erosion and sedimentation of adjacent
wetlands and undisturbed vegetated areas.
- Soils compaction will be limited to the areas of construction, and utility work and limited
regrading work.
- The sanitary sewer service for the three residences will be constructed with water tight
gasket joints and in accordance with the City of Northampton construction standards.
- The low density residential project will not utilize any hazardous material which may be
detrimental to the ground water supply.
The project is in context with the surrounding residential neighborhood. The project density of
one unit per 5 acres will minimize development impact in the WSP zone in which the minimum
lot area is 1.8 acres (80,000 s.f.).
The common driveway for the residential sites is designed to conform to the rolling open
meadow topography and the new residences are sited to preserve the large open meadow along
Spring Street.
-W
WSP overlay zone narrative - cont'd. page 2.
All the house sites will be serviced by municipal water and sewer services to minimize ground
water contamination.
_ The project development will not have an adverse impact on the environment or water quality for
the following reasons:
- The low building / detached single family residences.
- Minimal driveway construction / one driveway to service three units.
- Protect adjacent, isolated wetland areas and maintain significant, existing vegetation.
- Preserve significant open space (32 acres of the 52 acre parcel).
6
CITY OF NORTHAMPTON
PLANNING BOARD APPLICATION FOR: COMMON DRIVEWAY
Type of Project: SITE PLAN.APPROVAL :
IntermediatcYroject P.lan)
Ma�or:!Pro�ect (Stte:Plan Special Permit)
OR X
SPECL4L:PERMIT: .: .
X' ' Intermediate Projcct(with Site P12n.Approval)
Major Project (Site'Plan Special Permit)
Permit is requested under Zoning Ordinance: Section: 16'. 7 PaLre:16 - 4
3.
Applicant's Nanie: Harris & Julie Thompson
Address: 352 Spring St. Northampton MA Telephone: 586 -8287 (J Wrigh
4.
Pareel Identification: Zoning Map # — 1 5 Parcel 16 &19 Zoning District:
-- 1 &3 — g URA & W SP overlay
Street Address:
S.
Status of Applicant: Owner X Contract Purchaser Lessee
Other ; (explain)
6.
Property Owner: Harris & Julie Thompson
Address: 352 Spring gtrpat Telephone: N /Ay i 1 abl e
7.
Describe Proposed Work/Project: (Use additional sheets if necessary):
"
Subdivision of 52 acre parc into 4 lots one for existing housL-
and
three additional lots for three new residences.
Ilas the following information been included in the application? Site/Plot Plan
List of requested waivers Fee Signed/Denied Zoning Permit Application X
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?
. Extreme ly low density rpsidpnti j i1Se Project is J
r
� ant�xt �'z�t h
surrounding neighborhood.
How will the project provide for:
surface water drainage: Surface runoff_ to be shed to vegetated areas
recharge. Low density will not
create any accumulated runoff
sound and sight buffers: Project will maintain existing tree lines and
wooded areas. Nature /use of land will
not create adverse noise.
the preservation of views, light and air: Project is approx. one unit per 5 acre
Utilizing 20 acres. Building will
open areas which are screened
with tree lines. Building on lot one will beset back 800' from the street
1 4"P.- -.0-00
B. How will the requested use promote the convenience and safety of pedestrian movement within the site and
on adjacent streets? No significant add. pedestrian traffic is anticipated
How will the project minimize traffic impacts on the streets and roads in the area?
The additional 3 residential units will not create a traffic impact
measureable.
Where is the location of driveway openings in relation to traffic and adjacent streets?
one driveway (common) is proposed which will be constructed
What features have been incorporated into the design to allow for:
access by emergency vehicles: Driy�Way to be 'designed in ace wi th re quire ments
for common driveway.
the safe and convenient arrangement of parking and loading spaces:
N o pa rking areas are proposed with single family res dwellings
provisions for persons with disabilities:
n o pr ovisions are required and will be based on ind basis
C. How will the proposed use promote a harmonious relationship of structures and open spaces to:
the natural landscape: buildings are sited to maintain open meadow visi
from Spring St., buildings to be set in open areas to min.
to existing buildings:
existing house to be subdivided on sep. lot
other community assets in the area: open space to be- deeded to the cityFfor
water suppy protection district.
D. What measures are being taken that show the use will not overload the City's resources, including:
water supply and distribution system: b 1 dingy. wi 11 hP o n to city servic
serv. stubs were installed prior to-resurfacing Spring St.
sanitary sewage and storm water collection and treatment systems: Service stubs
were installed prior to resurfacing Spring. :Street
fire protection, streets and schools: City hydrants_. (2) are present across Spr ing St.
from property. One is 200' n'ly from property.
How will the proposed project mitigate any adverse impacts on the City's resources, as listed
above? Three residential houses will not create any measurable impact
on city services.
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.)
sec.6.12, common drive & sec.16 WSP district regulations.
5
%NPI -.000
How does the project meet the special requirements? (Use additional sheets if necessary)
_Common drive will he 15'-wide wit h .. -compacted- , crushed stone surface 1st
trn- nut . in_drime 20'x25' long- ut
urn ns at dri o individual resid ences.
"' u
Runoff ui l l he diverted into �eaetated areas for rPC - harge
F. State how the project meets the following technical performance standards:
1. Curb cuts are minimized:
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?
X YES (if yes, explain why)
3. Are pedestrian, bicycle and vehicular traffic separated on -site?
.� YES NO (if no, explain why)
common driveway to provide all access to residences
FOR PROJECTS THAT REQUIRE INTERMEDIATE SITE PLAN APPROVAL ONLY , SIGN
APPLICATION AND END HERE.
9. 1 certify that the information contained herein is true and accurate to the best of my knowledge. The
undersigned owner(s) grant Planning B and s io to enter the property to review this
application.
Date: —( 7 -Rl Applicant's Signature:
Date: ./, Owner's Signature:
(If t the s e as a licant's)
FR CTS: THAT REQU L IREA SPECIA PERMIT OR s
.A�,2E A MA IOR PROJECT
UST also cotri lete:the followin
F. Explain why the requested use will:
not undul impair the integrity or character of the district or ad j oining zones: One common drive
along edge of meadow will maintain character of front meadow
not be detrimental to the health, morals or general welfare: _ Common driveway will not
-have any -rals or general welfare
be in harmony with the general purpose and intent of the Ordinance: Project is cons
with allowed uses in the zoning ordinance.
M
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).
Common driveway will min. disturbance in open spaces and enhance
the clustering character- the buildings Clustering wi 1 min
_development areas and help preserve larger tracts of open space
nDen space will Drnvide WSP zone protection
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 B d pe mission to enter the property to review this
application.
Dale: /7 9 Applicant's Signatur .
Datc: • lift-owner's Signature: '
n the sa c as a icant's)
MAJOR PROJECTS MUST ALSO. CQMPLETE THE': EOLLQWING ::MAJQI2PROJECT: >APPROVAI:.
CRITERIA:;
Does the project incorporate 3 foot sumps into the storm water control system? Yes No
(IF NO, explain why)
Will the project discharge stormwater into 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
increase in peak flows from pre- to post - development conditions during the: 1, 2, or 10 year Soil
Conservation Service design storm ? Yes No
(IF NO, explain why)_
Will all the runoff from a 4110 inch rainstorm (first flush) be detained on -site for an average of 6
hours? Yes No
(IF NO, explain why)
Is the applicant requesting a reduction in the parking requirements?
Yes No
If yes, what steps have been taken to reduce the need for parking, and number of trips per day?
7
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1 %0-
File # NIP- 2000 -0027
APPLICANT /CONTACT PERSON Wright Builders
ADDRESS/PHONE 48 Bates St (413) 586 -8287
PROPERTY LOCATION SPRING ST
MAP 16C PARCEL 002 ZONE URA
THIS SECTION FOR OFFICIAL USE ONLY:
ENCLOSED REQUIRED DATE
Fee Pam 1 1-� f K)-- , -
Building Permit Filled out
Fee Paid
Typeof Construction: SUBDIVISION FOR OPEN SPACE DEVELOPMENT COMMON DRIVEWAY
New Construction
Non Structural interior renovations
Addition to Existing
Accessory Structure
Building Plans Included:
Owner/ Statement or License
3 sets of Plans /Plot Plan
THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION:
Approved as presented/based on information presented.
XX Denied as presented:
XX Special Permit and/or Site Plan Required under: § 6.12, 1 1.4, 16.7
XX 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 Water Availability Sewer Availability
� ri Septic Approval Board of Health Well Water Potability Board of Health
X Permit from Conservation C mmission Notice of Intent
Signature of Buildin icial Date
Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning
requirements and obtain all required permits from Board of Health, Conservation Commission, Department
of public works and other applicable permit granting authorities.
File No o0 t :. AUG 2
ZONING PERMIT APPLICATION (§ 1 p j 21
•• PLEASE TYPE OR PRINT ALL INFORMATION - ....._. ,. •
* *Please return to the Building Inspector's office with the $10 filing fee(check or
money order payable to the City of Northampton) **
1. Name of Applicant _ )L-W HAj PR pER4 (gam , Im C �wR46KI7 �1 MI;z y �JT
Address: 8
'�' BATES StkeET Telephone: 5'i2�6 — 8 28
2. Owner of Property: }- IA{ZU?4 g L) L1 p - M6HpS c
C N
Address: 352. SPIN S'"i'QErr7" Telephone: SEE A - 156Ve
3. Status of Applicant: Owner _ Contract Purchaser Lessee
Other (explain):
4. Job Location:
MAP 15 ors I(. + 1 1
Parcel Id: Zoning Map# (�Prp R6G Parcel# I -CIS I4Z District(s): t)P-4 4 w$ p cyc
(TO BE FILLED IN.BY THE BUILDING DEPARTMENT)
5. Existing se of Structure /Pro e
g P rtY SINGCF` f fzZSIbETJ`i'lr'4�L
6. Description of Proposed Use/Work/Project/Occupation: ,(Use additional sheets if necessary):
M
O'Cl UZING' MSMtjG StMET fVV rr
3_ uzs Tn I )TTiJoM P'16m DRiV
OPEN UACE Te CAE lrb� To CrCY
7. Attached Plans: Sketch Plan x .:. 5ite Plan Engineered /Surveyed Plans
Answers to the following 2 questions may be obtained by checking with.the Building Dept or Planning Department Files.
8. Has a Special Permit/Variance/Finding ever been issued for /on the site?
NO _X DONT KNOW YES IF YES, date issued:
IF YES: Was the permit recorded at the Registry of Deeds?
NO DONT KNOW YES
IF YES: enter Book Page and /or Document #
9. Does the site contain a brook, body of water or wetlands? NO DON'T KNOW YES
(FORM CONTINUES ON OTHER SIDE)
MW
..
IF YES, has a permit been or need to be obtained from the Conservation Commission?
Needs to be obtaine Obtained , date issued:
10. Do any signs exist on the property? YES
IF YES, describe size, type and location:
Are there any proposed changes to or additions of sigrts intended . for the property? YES NO
IF YES, describe size, type and location:
11. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO
LACK OF INFORMATION.
This column to be filled in
.:.
Existing
'Proposed -
- ter � +uiay ucparcuien
Required by Zoning
Lot Size
52, 3f,Y S
$o� Ov ti lm.
$O Sf r
Frontage
.1c 0 4 t
7 5 ' ( 0 S R
Setbacks Front
Side
Rear
ZDI
L: R:
L: io t R.
Building Height
2 UZ srmte$
Building Square Footage
$UWC -LW r RCS ,
SAME
% Open Space (lot area
minus building & paved parking
5 0 V `v (0 SP, R EeR,
• of Parking Spaces
t,Tl
P/A
• of Loading Docks
NIA
p /,Ar
Fitt:
(volume & location)
NfA
N`Pr
13. Certification: I hereby certify that the information co
knowledge. :,
Date: 9 q Applicant's Signature
NOTE: Issuance of a zoning permit does not relieve an applicant's burde tc
the Board of Health, Conservation Commission, Department of Public Wo k <.
4. ed Pon, rue nd accurate to the best y
ply with requirements and obtain all required permits from
other applicable permit granting authorities.
LETTER OF TRANSMITTAL
LANDSCAPE ARCHITECTURE
ENVIRONMENTAL DESIGN
C O M M U N I T Y P L A N N I N G
■ ■ ■
158 NORTHAMPTON STREET
EASTHAMPTON, MA 01077
T E L E P H O N E AND FAX
4 1 3 5 2 7. 6 5 3 5
❑ VyE ARE SENDING YOU
Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples p El Specifications
❑ Copy of letter ❑ Change order ❑
❑ WE ARE TRANSMITTING BY FAX PAGES (Incl. this cover letter). If you do
not receive all the pages or if a problem arises during transmission. please call.
THESE ARENSMITTED as checked below:
For approval ❑ Approved as submitted
❑ For your use ❑ Approved as noted
❑ As requested ❑ Returned for corrections
❑ For review and comment ❑
❑ Resubmit
copies for approval
❑ Submit —copies
for distribution
❑ Return
corrected prints
❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS:
•• • '
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April 20, 2000
Northampton Planning Dpartment
Attn: Carolyn Misch
City Hall - 210 Main Street
Northampton, MA 01060
Re: New Harmony Properties, Inc.
Spring Street
Northampton, MA
Dear Carolyn,
LANDSCAPE ARCHITECTURE
EN V I RON MEN I AL D ESI C,N
C O M M U N I T Y P I A N N I N C
0
1 38 NORTHAMPTON S T R E E T
E A S T H A M P T O N . MA 0 1 0 2 7
T E L. 4 1 3 5 2 7 6 5 S;
F A X 4 1 + i 2 7 6 3 8 '1
C A N O N I A Q I A V A N E T ( O M
Please find enclosed revised (4/7/00) site plan (three copies), Sheet No. 3.0 which were requested
by Massachusetts Electric Company. The request was that the driveway to the house on lot 3 be
moved outside the electric easements to consollodate disturbances (see attached letter).
The changes to the plan, I feel are minor and involve the driveway moving to the ouside of the
electric easement and grading, the culvert under the driveway moved slightly to accommodate the
shift and the house "footprint" has been updated to reflect the architectural design. All silt
locations and limits of grading remain unchanged from the plans as approved.
I would appreciate your review and to let me know if there are any problems with the plan
revisions.
If you have any questions please don't hesitate to contact my office.
Sincerely,
William A. Canon,
Landscape Architect
cc: Jonthan Wright, letter by fax
New Harmony Properties Inc.
Northampton, Ma. 01060
Managed by
Wright Builders Inc.
48 Bates Street
Northampton, Ma. 01060
X13- 586 -8287
To: Robert A. C
From: Jonathan W
RE: Spring Stret
Greetings,
Following up on our conversation with Massachusetts Electric Co. bill Canon has made
revisions to the site plan that accomplish our goals of removing all easement disturbances
except the common driveway crossing and related grading and utilities.
Mr. McNiff inquired about the status of our NOI, and I can confirm that all
environmental permitting is complete.
This should serve to simplify the process, and copies of the plan are enclosed herewith.
We have taken this opportunity to place the ford house specifically on the property, with
related grading suggestions. This grading work needs to be reviewed by the owner and
architect separately.
Bill Canon will provide the city Departments with the necessary copies. Please forward
two copies to Massachusetts Electric along with whatever other documentation is
necessary.
I will transmit this to the Fords for their review and release of the Purchase and ale
restriction added last week.
cc. with plan: Fords
Lynn Rice
cc, without plan Art Pichette
Bill Canon
City of Northampton, Massachusetts
Office of Planning and Development
City Hall . 210 Main Street
Northampton, MA 01060 . (413) 586 -6950
• Community and Economic Development
• Conservation • Historic Preservation
• Planning Board. Zoning Board of Appeals
Date Submitted
OPD Staff Review
,Sc -?, 4- -7, /q(7
J
Legal Notice Gazette
(Noti
9q
5 Business Days before Meeting)
Legal Notice Posted
Letter to Owner with yellow notice to be posted
Agenda Posted
Copy to Conservation Commission Members
Order /Determination filled out (w /out conditions)
Conservation Commission Hearing aF /`
Conservation Conservation Decision
Decision filed with Registry of Deeds
Decision to Building Inspector
Decision to DEP
Decision to PB /ZBA
Permit entered on Computer
Decision filed OPD
—
I j
Re s
C�s -rcR
S fjt ��-
C �� Ma �,
��ec
Conservation Commission
Map ID mWi(c )
Filer # Gc-nror
i
(Memorex: ConCom \CCINSTRU 4/3/92)
r,,.,
MEMORANDUM
TO: Northampton DPW, Northampton Building Department, Harris & Julie Thompson,
New Harmony Properties, c/o Jonathan Wright and William A. Canon.
FROM: Laura, Board Secretary /Northampton Conservation Commission
RE: Revised face page for Order of Conditions issued to Harris & Julie Thompson
DATE: December 14, 1999
Enclosed please find a revised face page for the above - referenced Order of Conditions issued to
Harris & Julie Thompson on November 18, 1999. (No DEP file number is noted because the
Notice of Intent was a filing under Northampton's local wetland ordinance only.)
The recording information cited in the original order was incorrect, so the revised face page
reflects the actual Book and Page of the deeds to the subject property. Please substitute this face
page for the one currently in your files. (I have replaced this page on the original document to be
recorded in the Hampshire County Registry of Deeds.)
310CMR 10.99 DEP File No. 246-
1 1
(To be provided by DEP)
Form 5 City/Town Northampton
Applicant New Harmony Properties, Inc.
Commonwealth Map # 15 ;16C Parcel # & 19; 1 & 2
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:
Harris & Julie Thompson
Name of property owner
352 Spring Street, Northampton, MA 01060
Address
New Harmony Properties, Inc., c/o Wright Builders
Name of Applicant
48 Bates Street, Northampton, MA 01060
Address
This Order is issued and delivered as follows:
[ ] by hand delivery to applicant or representative (date).
[X ] by certified mail, return receipt requested on November 18, 1999.
This project is located in Northampton at 352 Spring Street.
The property is recorded at the Registry of Hampshire County
Book 364 Page 197 & Land Court Book 15, Page 112
Certificate (if registered) N/A
The Notice of Intent for this project was filed on September 27, 1999
The public hearing was closed on October 25, 1999.
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 [ ] Flood Control [ ] Land containing shellfish
[ ] Private water supply [X] Storm damage prevention [ ] Fisheries
[ ] Ground water supply [X] Prevention of pollution [X ] Protection of Wildlife Habitat
Total Filing Fee Submitted $110.00 State Share N/A City Share $110.00
(' /z fee in excess of $25)
Total Refund Due $ City Portion $ State Portion $
(1/2 total) (1/2 total)
1
12/1311999 15:34 4135276389 WILLIAM A CANON PAGE 01
1 %.1
M
M
December 13, 1999
,Attn: Laura Krutzler
Planning Department
City Mail - 210 Main Street
Northampton, MA 01060
Re; New Harmony Properties
352 Spring Street
Northampton, MA
(Harris & Julie Thompson)
Dear Department,
L, r4 DSCAPE A kt': H 111'(• T 11 It
E hF V I R I: N Mt N T A 1 13 5 Iist
C()MMt'NIT r VI ANNI N a.
■ a ■
1S9 N ATH AM V10N ti'I RIFT
lA5 IT 14 A Mf'ipN .'NA !17!IJ
T E L 4 1 '}
( A X. 4:
CANON I, Adb IAVA N 1'1 ( 0hi
Please be advised that the book and paga refaartces in the Original VPlications for the
Conservation Commission and the Plawitig Board are in error. The correct recorded references
are Land Court Book 15, Page 112 and Retry of Deeds Book 3648, page 197. When the
Conservation Commission and Planning Board order of conditions am filed with the registry they
should be filed under these book and page referevoes.
If you have any questions please call MY office.
Sincerely,
William A. Canton,
Landscape Architect
cc: Jonathan Wright, Atty. Bob Corash
E
12/07/99 12:06 '094135871264 NORTHAMPTON, MA Q001
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TX FUNCTION WAS NOT COMPLETED
TX /RX NO. 8304
CONNECTION TEL 915085548008
CONNECTION ID
START TIME 12/07 12:05
USAGE TIME 00
PAGES 0
RESULT NG
0 #018
M
November 8, 1999
Northampton Conservation Commission
City Hall - 210 Main Street
Northampton, MA - 01060
Re: New Harmony Properties, Inc.
Spring Street
Northampton, MA
Dear Commission,
L A N D S C A P E AR( H I T E C T U R E
EN V I RONM EN IAL DES IC. N
C O M M U N I T Y PL A N N I N G
N
1 58 NORTHAMPTON STREET
E A S 1 HAM P T O N, M A 0 1 0 2 7
T E 1 4 1 3 5 2 7 6 5 3 5
F A X 4 1 3 5 2 7 6 3 8 9
C A N O N L A 6 1 A V A N E T C O M
Please find enclosed revised (11/8/99) site plan, Sheet No. 3.0. Based on comments from the
previous meeting the plans indicate a new location of the silt fence and "no disturbance" zone at
the 50' buffer limit line. Permanent markers are shown to be installed at this line as well. Also, a
culvert is shown under the lot three driveway to allow for through surface drainage.
The catch basin shown on the original submission plans has been deleted at the driveway
entrance to Spring Street. The southerly swale along the driveway will flow in a culvert under the
driveway and flow northerly overland for ground water recharge.
If you have any questions please don't hesitate to contact my office .
Sincerely,
illiam A. Canon,
Landscape Architect
..1
Vftmrl
310CMR 10.99
Form 5
Commonwealth
of Massachusetts
DEP File No. 246-
(To be provided by DEP)
City/Town Northampton
Applicant New Harmony Properties, Inc.
Map # 15;16C Parcel-# & 19; 1 & 2
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:
Harris & Julie Thompson
Name of property owner
352 Spring Street, Northampton, MA 01060
Address
New Harmony Properties, Inc., c/o Wright Builders
Name of Applicant
48 Bates Street, Northampton, MA 01060
Address
This Order is issued and delivered as follows:
[ ] by hand delivery to applicant or representative (date).
[X ] by certified mail, return receipt requested on November 18, 1999.
This project is located in Northampton at 352 Spring Street.
The property is recorded at the Registry of Hampshire County
Book 3641 Page 140, & in Land Court Book 12, Page 59
Certificate (if registered) N/A
The Notice of Intent for this project was filed on September 27, 1999
The public hearing was closed on October 25, 1999.
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 [ ] Flood Control [ ] Land containing shellfish
[ ] Private water supply [X] Storm damage prevention [ ] Fisheries
[ ] Ground water supply [X] Prevention of pollution [X ] Protection of Wildlife Habitat
Total Filing Fee Submitted 11$ 0.00 State Share N/A City Share $110.00
(' /z fee in excess of $25)
Total Refund Due $ City Portion $ State Portion $
(1/2 total) (1/2 total)
1
`.W
1.00
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
2
`..i �
title of the affected property. In the case of recorded land, the Final Order shall also be
noted in the Registry's Grantor Index under the name of the owner of the land upon which
the proposed work is to be done. In the case of registered land, the Final Order shall also
be noted on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is to be done. The recording information shall be 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.
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- "
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 SIGNED & STAMPED BY:
"New Harmony Properties, Inc., Northamp-
ton MA Site Layout, Grading & Utilities 09/14/1999 William A. Canon, RLA
Plan for Lot Area," prepared by William A.
Canon. Rev. 11/08/1999
All Plans and information on file with Northampton Conservation Commission
SPECIAL CONDITIONS:
13. The Commission and its agents shall have the right to enter and inspect the property at
any time to monitor 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.
`r 1"M0001
14. This Order of Conditions shall apply to any successor in interest or successor in control;
15. 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 approval 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:
"This property is subject to the Northampton Wetlands Protection
Ordinance and /or Wetlands Protection Act. 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 ";
16. 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.
17. 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 occurring on
site.
18. All required permits must be obtained from the Army Corp of Engineers (Section 404,
Water Quality Certification), Planning Board, Zoning Board, Department of Public
Works, or Building Inspector prior to the start of projects involving fill within any
wetland resource area;
19. No disposal of soils or other materials shall be allowed within: a 100 -year floodplain; 40
feet of the 100 -year floodplain elevation; any wetland; or any area within 100 -feet of a
wetland, unless such areas are specifically approved by the Commission, in accordance
with 310 CMR 10.00, and City of Northampton Ordinances - Chapter 24;
20. Any change or deviation from the Notice of Intent, plans and/or Order of Conditions
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 to
amend the Order or to issue a new Order, if a new Notice of Intent is required.
4
..1
21. In accordance with General Condition 8 on page 5 -2 of this Order, this Order shall be
recorded at the Hampshire County Registry of Deeds by the Northampton Conservation
Commission prior to commencement of work on the site.
22. All revised plans, referenced within this Order of Conditions, shall be approved by the
Conservation Commission and incorporated into this Order by reference and shall be
followed during the course of construction.
23. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance
are as follows:
(None).
PRE - CONSTRUCTION REQUIREMENTS:
24. Prior to the start of any site work, excavation or construction, 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. Prior to the pre - construction meeting, all erosion control devices must be
installed, also.
REQUIREMENTS DURING ACTIVE CONSTRUCTION:
EROSION AND SEDIlAENTATION CONTROL:
25. Areas of construction shall remain in a stable condition at the close of each
work/construction day:
A. Erosion controls shall be inspected at this time, and after each rainstorm.
B. Any entrapped silt shall be removed to an area outside of the buffer zone and
wetland resource areas.
C. Any breaches in the siltation barriers shall be repaired prior to leaving the site for
the day.
D. All erosion controls must be maintained or reinforced to meet specifications in the
plans and this order and shall be replaced as necessary.
E. An adequate stockpile of erosion control materials shall be on site at all times for
emergency or routine replacement. The stockpiles equipment shall include
materials to repair silt fences, haybales, or any other devices planned for the
control of erosion at the site.
5
310 CMR: DEPfi,, OF ENVIRONMENTAL PROvLCTION
. nlco N*y
10.99: continued
This Order must be signed by a majority of the Conservation Commission.
On this 8 th day of November 19 99, , before me personally
appeared Macon Marnnn , 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
soy r. B>rTE1 r, m
My Commission Expires Co o n , of Mas
My Commission Expires
Jul 29.20
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 Northam" Conservation Commission prior to commencement of work.
.......................................................................................................................................................................... ...............................
To Northampton Conservation Commission Issuing Authonl9"`'°'
Please be advised that the Order of Conditions for the project at
File Number
has been recorded at the Registry of
has been noted in the chain of title of the affected property in accordance with General Condition 8 on
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Signature
Applicant
and
—19—
4/l/94 310 CMR - 423 423
NV.r
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PLANNING AND DEVELOPMENT - CITY OF NORTHAMPTON
Cit2q Hall - 21 o Main Street - Nortbampton, MA o r oho - (4 5 8 7 -1266 - Fax:(4 5 87 -1264
waNreFeiden,Director • email: pl anning @citN.nortyampton.ma.us • internet :www.citN.nortlampton.mams
PUBLIC HEARING NOTICE
The Northampton Conservation Commission will conduct a meeting on Monday, October 25,
1999 at 7:00 P.M. in Hearing Room 18, City Hall, 210 Main Street, Northampton, at which
time Public Hearings will be conducted on the following, as required under M.G.L. Chapter 131,
Section 40, The Wetlands Protection Act and Chapter 24 of the City of Northampton's
Ordinances, Wetlands Protection
7:30 P.M. - Public Hearing on a Notice of Intent filed by William Phillips /Phillips
Enterprises, Inc. for construction of a new storage building in an upland field at 149
Easthampton Road, also known as Northampton Assessor's Map 37, Parcel 64. Work will
take place within the buffer zone of a Bordering Vegetated Wetland, and the project
involves extending an existing culvert in an intermittent drainage ditch by 41 linear feet.
7:45 P.M. - Public Hearing on a Request for Determination filed by The Trustees of Smith
College to see whether the construction of a four- level, 352 -car, pre -cast concrete open parking
structure and associated access drives and landscape work will have an impact on any wetland
resource area for property located at #42 and #50 West Street, Northampton, also known as
Assessor's Map 31D, Parcels 94 and 95.
8:15 P.M. - Public Hearing on a Request for Determination filed by Theodore Towne for the
construction of a single - family home and associated lawn area at 768 Burts Pit Road, also
known as Assessor's Map 36, Parcel 196. Lawn area will extend to within fifty feet of a
Bordering Vegetated Wetland.
8:30 P.M. - Public Hearing on a Request for Determination filed by W. Michael and
Kimberly F. Goggins for construction of a 15' by 20' addition within the 100 -foot buffer zone of
a Bordering Vegetated Wetland and for the addition of a 15' by 15' screened porch approaching
the 100 -foot buffer zone but not encroaching upon it, for property located at 113 Whittier
Street, also known as Assessor's Map 43, Parcel 149.
8:45 P.M. - Public Hearing on a Notice of Intent filed by New Harmony Properties, Inc. for ;
the construction of two single- family homes with a common driveway off Spring Street, within
the 100' Buffer Zone of an Isolated Wetland, for property located at Spring Street, also known
as Assessor's Map 15, Parcels 16 and 19, and Assessor's Map 16C, Parcels 1 and 2. Work
will include one culvert under the drive, removal of an existing stable, conversion of +
existing pasture to lawn, and minor grading and sediment controls. •t
PUBLISH: October 18, 1999.
BILL: Northampton Conservation Commission, c/o Office of Planning and Development
City Hall, 210 Main Street, Northampton, MA 01060.
10/14/99 13:14 $94135871264 NORTHAMPTON, RA 8001
$$xax ACTIVITY REPORT a$aax
aaxaxaaaaxaaxx *aaaaaxaa�aaa
PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON
City Haft • 2 i o Main Street • Nortbampton, MA o i o 6 o • 413)587-1166 • Fax: (4 z 315 87- i 264
waNne Feiden, Director - email: plan ning @citS.nortl ampton.mams - internet: www.cits.northampton.ma.us
October 19, 1999
New Harmony Properties, Inc.
c/o Wright Builders
48 Bates Street
Northampton, MA 01060
Dear Jonathan:
The Notice of Intent filed by New Harmony Properties, Inc. for the construction of two single -
family homes with a common driveway off Spring Street, within the 100' Buffer Zone of an
Isolated Wetland, for property located at Spring Street, Northampton, has been submitted to
the Northampton Conservation Commission, and the Public Hearing will be conducted at its
meeting scheduled for October 25,1999 at 8:45 P.M. in Council Chambers, Wallace J.
Puchalski Municipal Building, 212 Main Street, Northampton. A representative(s) of New
Harmony Properties, Inc. is required to attend this meeting to present the application.
One week before the Public Hearing is scheduled, a legal notice announcing the meeting will be
published in the Daily Hampshire Gazette (copy enclosed). Please post the enclosed yellow
notice at the property where it will be visible from a public right -of -way (enclosed in copy to
Harris & Julie Thompson.)
If you have any questions, please contact the Office of Planning and Development, City Hall,
Telephone 587 -1262.
Sincerely,
Laura Krutzler
Board Secretary
Enclosure
cc: Harris & Julie Thompson, 352 Spring Street, Northampton, NIA 01060; Charles H. Dauchy,
Environmental Consultant, 24 Old Long Plain Road, Amherst, MA 01002.
planning board • conservation commission • zoning board of appeals • housing partnership • redevelopment authority
• economic development • communitydevelopment • bistoric district commission - bistoricalcommission • northamptonGIS
original pri"Led on rugged paper
r
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1 000 0,
NOTICE OF INTENT
under the
Northampton Wetlands Protection Ordinance
SUBMITTAL SUMMARY
APPLICANT:
NEW HARMONY PROPERTIES, INC.
LOCATION:
SPRING STREET, NORTHAMPTON
PROJECT:
TWO SINGLE FAMILY HOUSES AND COMMON DRIVEWAY
CONTENTS:
1. NOTICE OF INTENT - WPA Form 3
2. WPA Appendix B - Wetland Fee Transmittal Form for City Fee
3. Exhibit 1 - Locus Map (USGS), Natural Heritage Program Map
4. Exhibit 2 - List of Abutters (provided for information. Abutter
Notification not required under City Ordinance)
5. Exhibit 3 - Project Description and Compliance with Performance Standards
6. Plan Sheets: "New Harmony Properties, Inc., Northampton, MA"
dated September 14, 1999, Sheets 1, 3 & 4
7. Filing Fee Check for $110.00
5 pages
2 pages
2 pages
4 pages
2 pages
3 sheets
Please type or
print clearly all
information
requested on this
form.
.../
Massachusetts Depaftment OfEnvironmenta /Protection
Bureau of Resource Protection - Wet /ands DEP file Number
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M. G. L. c. 131, §40 for DEP use only
Genera/ /nformation
1. Applicant:
New Harmony Properties, Inc.
Name
c/o Wright Builders, 48 Bates Street
MailingAouress
Northampton
Ciry /Town
MA 01060
State Zip CooN
413 -586 -8287
Phone Number
Fax Number oapplicable)
f- W#Address (Ifappkable)
2. Representative (if any):
Charles H. Dauchy
firm
Environmental Consultant
Contact Name
24 Old Long Plain Road
Mailing Address
Amherst
Ciry /Town
MA 01002
State Zip CooN
413 -548 -8005
Ph"Number
413 -548 -9987
Fax Number (ifapplicable)
cdauchy @crocker.com
3. Property Owner (if different from applicant):
Harris & Julie Thomason
Name
352 Spring Street
MailingAouress
Northampton
Ciry/Town
MA 01060
Slate Zip Code
4. Summary of Project Impacts:
a. Is any work being proposed in the Buffer Zone?
0 No ® Yes
If yes, how many sq. ft.?
27,264 sq. ft. in Buffer of Isolated Wetland
Square Feet
b. List the impacts of proposed activities on each wetland
resource area (temporary and permanent impacts, prior to
restoration or mitigation):
Resource Area Size of Impact (e.g., sq. ft.)
None
f- MailAddress (dapplicable)
Prgject Description
1. Project Location:
Northampton
City/Town
Spring Street
Street Address
Map 15, Pcls. 16&19 Map 16c, Pcls. 1&2
Assess SMap/Plat/ Parcel/tot/
2. Registry of Deeds:
Hamashire
County
Book 3641, page 140
8wk
Land Court Book 12, page 59
Page
Cenificme (!(Registered t and)
Rev. 10/98 Page 1 of 5
`%aw ..01
Massachusetts Depaftment OfE17671R menta / Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M. G. L. c. 131, §40
Project Description (cost.)
3. Project Description:
4. Plan and /or map references (list title and date):
Construction of two new single family ho mes w a
" New Harmo Properties, Inc. ":
common driveway off Spri S treet, w t he 100'
"Sheet 1 - General Site Plan"
Buffer Zone of an Isolated Wetland. Work will
"Sheet 3 - Site Layout, Grading, & Utilities Plan"
include one culvert under the drive, removal of an
"Sheet 4 - Site Details" September 14, 1999
existing stable, conversion of existing pasture
to lawn, and minor grading and sediment controls.
Activities Subject to Regulation
Land Under Water Bodies:
1. a. If Buffer Zones to resource areas are to be impacted, in
NA
whole or in part, check the applicable resource areas:
Squsefeet to be allered
Inland Resource Areas Coastal Resource Areas
Cubic Yards to be oreoyed
❑ Inland Bank ❑ Coastal Beach
Land Subject to flooding:
❑ Bordering Vegetated Wetland ❑ Barrier Beach
- Bordering:
❑ Rocky Intertidal Shore
NA
❑ Coastal Dune
Square Fed to bealwed
• Coastal Bank
cubic Yardsblledor displaced
• Salt Marsh
- Isolated:
b. Proposed activities located, in whole or in part, in
NA
Wetland Resource Area(s) (Complete all that apply):
Square Fed to bealwed
Inland Resource Areas
Cubic Yards filled or displaced
Bank:
Coastal Resource Areas
NA
I inear Fed to be altered
Salt Marsh:
N A
Bordering Vegetated Wetlands:
square Fed to be aiered
NA
square Fed to be altered
Coastal Dune:
NA
NA
Square Feet to be altered
Square Feet to be replicated or restored
Cubic Yaids Volulm to be removed
Rev. 10/98 Page 2 of 5
r
`r/
1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of
Intent
Massachusetts Wet /ands Protection Act M. G. L. c, 131, X40
Activities Subject to Regulation (coat,)
Land Under Ocean:
NA
ii. Width of Riverfront Area (check one):
Square feet to bealmed
❑ 25 feet - Designated Densely Developed Areas only
NA
❑ 100 feet - New agricultural projects only
cubic Yards to be dredged
❑ 200 feet - all other projects
iii. Mean annual high -water line determined by:
Beach:
(check all that apply)
NA
❑ Changes in soil; vegetation; water marks; scouring
Square feet to be altered
❑ Top of bank (inland rivers)
❑ First observable break in slope
Rocky Intertidal Shore:
❑ Mean annual flood level
❑ Mean high tide (for coastal rivers only)
NA
Square fed to be Owed
iv. Distance of proposed activity closest to the mean annual
high -water line:
Land Under Salt Pond:
NA
Feet
NA
Square feet tobeattered
NA
v. Total area (square feet) of Riverfront Area on the site of
the proposed project:
CAc Yards to be dredged
NA
Coastal Bank:
Square feet
NA
vi. Proposed alteration of Riverfront Area:
Iinearfed to be altered
NA
Total Square Feet
Designated Port Area:
NA
Square Feet/ within 700 h. from bank
NA
NA
Square Feet to be altered
St�ua belKw 700 and200A Tram bank
jj��
Land Containing Shellfish:
2. Bordering Vegetated Wetland Delineation: Explain the
NA
determination of Bordering Vegetated Wetland boundaries
Square fed to be altered
identified on plans:
❑ Final Order of Resource Area Delineation issued by
Fish Run:
conservation commission or DEP (attached)
NA
❑ DEP BVW Field Data Form (attached)
Iirwrfed to be altered
® Other Method of Determining BVW boundary (Check all
that apply and attach documentation):
Riverfront Area
52150% or more wetland indicator plants
i. Name of waterway (if available):
❑ Saturated /inundated conditions exist
NA
❑ Groundwater indicators
❑ Direct observation
0 Hydric soil indicators
❑ Credible evidence of conditions prior to disturbance
Rev. 10 /9B Page 3 of 5
I../
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
ia I
WPA Form 3 - Notice of Intent
Massachusetts Wet /ands Protection Act M. G. L. c. 131, X40
Activities Subject to Regulation (cost.)
3. Sites Subject to Special Protection
a. Is any portion of the proposed project located within
estimated habitat which is indicated on the most recent
Estimated Habitat Map of State- Listed Rare Wetland
Wildlife published by the Natural Heritage and Endangered
Species Program?
b. Is any portion of the proposed project located within an
Area of Critical Environmental Concern (ACEC)?
❑ Yes 0 No If yes, provide name of ACEC (see
Appendix D for ACEC locations):
❑ Yes 0 No
Easthampton Quad, 1997 -98 Atlas
Dale ofMap
If yes, include proof of mailing or hand delivery of NO1 to:
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
Route 135, North Drive
Westborough, MA 01581
ACEC
C. Is any portion of the site subject to a Wetlands
Restriction Order under the Inland Wetlands Restriction Act
(M.G.L. c. 131, s. 4OA) or Coastal Wetlands Restriction Act
(M.G.L. c. 131, s. 105)?
❑ Yes ® No
If yes, a ttach a
Performance Standards
1. Is any portion of the proposed activity eligible to be treated
as a limited project subject to 310 CMR 10.24 or 310 CMR
10.53?
i of the Restriction Order to the NO1.
b. Was the lot where the activity is proposed created prior to
August 1, 1996?
❑ Yes V No
❑ Yes ® No If yes, describe which limited project
applies to this project:
4. a. Describe how the project will meet all performance
standards for each of the resource areas altered, including
standards requiring consideration of alternative project
design or location. Attach additional sheets if necessary,
No resource areas will be altered.
2. Is any activity within any Resource Area or Buffer Zone Sediment controls for work within buffer.
exempt from performance standards of the wetlands
regulations, 310 CMR 10.00.
❑ Yes ® No If yes, describe which exemption applies to
this project:
b. Stormwater Management:
3. a. Is the project located in the Riverfront Area:
❑ Yes la No
If yes, indicate the proposed project purpose:
❑ Single family home
❑ Residential subdivision
❑ Commercial development
❑ Industrial development
❑ Transportation
❑ Other - describe:
The project is exempt from the DEP Stormwater Policy:
0 Yes ❑ No If yes, explain why the project is exempt:
4 or fewer S. F. H.
If no, stormwater management measures are required.
Applicants are encouraged to complete Appen
Stormwater Management Form and submit it with the
Notice of Intent.
Rev. 10/98 Page 4 of 5
5 �mm �
`.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent
Massachusetts Wet /ands Protection Act M. G. L. c. 131, §40
Additional I n fo rm a ti o n
Applicant must include all the following with this Notice of Intent:
• USGS or other map of the area (along with a narrative description, if necessary), containing sufficient
information for the conservation commission and the Department to locate the site.
• Plans identifying the location of proposed activities (including activities proposed to serve as a BVW
replication area or other mitigating measure) relative to the boundaries of each affected resource area.
• Other material identifying and explaining the determination of resource area boundaries shown on plans
(e.g., a DEP BVW Field Data Form).
• List of the titles and final revision dates of all plans and other material submitted with this NO1.
Fees
The fees for work proposed under each Notice of Intent musl
be calculated and submitted to the conservation commission
and the Department (see the Instructions and Appendix B:
Wetland Fee Transmittal Form).
No fee shall be assessed for projects of the federal govern-
ment, the Department of Environmental Protection, or cities
and towns of the Commonwealth.
Applicants must submit the following information (in
addition to pages 1 and 2 of Appendix B) to confirm fee
payment:
MCI
L
Cherknum�r cl-* ate
aayninae
Applicantnamr (i(dlllerent/ianpapt)
Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the
foregoing Notice of Intent and accompanying plans, docu-
ments, and supporting data are true and complete to the best
of my knowledge. I understand that the conservation commis-
sion will place notification of this Notice in a local newspaper
at the expense of the applicant in accordance with the wetlands
regulations, 310 CMR 10.05(5) (a).
I further certify under penalties of perjury that all abutters were
notified of this application, pursuant to the requirements of
M.G.L. c.472 of the Massachusetts Acts of 1993. Notice must
be made in writing by hand delivery or certified mail (return
receipt requested) to all abutters within 100 feet of the
prope line of t project location.
I Sig- /applicant VV Date
Sib- twe ,Ypopegy— Date
Signatru entative e
For conservation commission:
Two copies of the completed Notice of Intent (Form 3),
including supporting plans and documents; two copies of
pages 1 and 2 of Appendix B; and the city/town fee payment
must be sent to the conservation commission by certified mail
or hand delivery.
For DEP:
Two copies of the completed Notice of Intent (Form 3),
including supporting plans and documents; two copies of
pages 1 and 2 of Appendix B; and a copyof the state fee
payment must be sent to the DEP regional office by certified
mail or hand delivery (see Appendix A for regional office
addresses).
Other:
If the applicant has checked the "yes" box in any part of
Section C, Item 3, above, refer to that section and the Instruc-
tions for additional submittal requirements.
The original and copies must be sent simultaneously. Failure by
the applicant to send copies in a timely manner may result in
dismissal of the Notice of Intent.
Rev. 10/98 Page 5 of 5
Please type or
print clearly all
information
requested on this
form.
Massachusetts Department OfEnvirommenta/ Protection
Bureau of Resource Protection - Wet /ands
WPA Appendix B - Wetland Fee Transmittal Form
Massachusetts Wet /ands Protection Act M. G. L. c, 131, §40
Instructions
To calculate filing fees, refer to the category fee lists and 2.
examples in Section D of this form. Complete pages 1 and
2 of this form and send these pages and a check or money
order for the state share of the fee, payable to the Com-
monwealth of Massachusetts, to:
To the conservation commission: Send the Notice of Intent,
Abbreviated Notice of Intent, or Abbreviated Notice of
Resource Area Delineation; a copyof pages 1 and 2 of this
form; and the city /town fee payment.
3. To DEP regional office (see Appendix A for addresses):
Dept. of Environmental Protection Send the Notice of Intent, Abbreviated Notice of Intent, or
Box 4062 Abbreviated Notice of Resource Area Delineation; a copyof
Boston, MA 02211 pages 1 and 2 of this form; and a copyof the state fee
payment.
App /icandPfoperty Owner Information
1. Applicant:
New Harmony Properties, Inc.
Name
c/o Wright Builders, 48 Bates Street
MailingAoUress
Northampton
CIry7—
MA 01060
State Zip Cade
413 -586 -8287
Phase Numtr
2. Property Owner:
Harris & Julie Thompson
Name
352 Spring Street
MailingAOess
Northampton
CiW—
MA 01060
State Zip Cade
Phone Numtr
3. Project Location:
Spring Street
Note: See
examples of how
to calculate
wetland filing fees
in Section D.
SveeULotNadw
Northampton
CWT—
Fees
Abbreviated Notice of Resource Area Delineation:
The fee is calculated as follows (check applicable project type):
❑ single family house project
x $1.00 =
(feet of BVW)
❑ all other projects
x $1.00 =
(feet of BVW)
State share of filing fee: NA
(1/2 of total fee minus $12.50)
Total fee (not to exceed $100)
Total fee (not to exceed $1,000)
City/Town share of filing fee: NA
(1/2 of total fee plus $12.50)
Rev. 10 /9B Page 1 of 4
Note: See
examples of how
to calculate
wetland filing fees
in Section D.
Massachusetts Department OfEnvironmenta /Protection
Bureau of Resource Protection - Wetlands
WPA Appendix B - Wetland Fee Transmittal Form
Massachusetts Wet /ands Protection Act M. G. L. c. 131, X40
Fees (Cont)
Abbreviated Notice of Intent or Notice of Intent:
The fee should be calculated using the following six -step process and worksheet:
Step 1/Type of Activity: Describe each type of activity (see Section D for a list of activities) which will occur in a wetland resource
area and buffer zone.
Step 2/Number of Activities: Identify the number of each type of activity.
Step 3 /Individual Activity Fee: Identify the fee associated with each type of activity using the six categories of projects and fees
listed in Section D of this form.
Step 4 /Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in
Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a riverfront area in addition to another resource
area or the buffer zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount.
Step 5/Total Project Fee: Determine the total fee for the project by adding the subtotal amounts identified in Step 4.
Step 6 /Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the
city /town share of the fee, divide the total fee in half and add $12.50.
Step 1/Type of Activity
Step 2/Number Step 3 /Individual Step 4 /Subtotal
of Activities Activity Fee Activity Fee
Northampton Wetlands Ordinance Category 7a and 7b 2
Northampton Wet Ordi nance Cat 8 1
$25.00 &50.00 $75.00
$35.00 $35.00
Step 5rrotal Project Fee: $ 110.00
Rev. 10/98
Step 6 /Fee Payments:
Total Project Fee: $ 110.00
(Total fee from Step 5)
State share of filing fee: NA City/Town share of filing fee: $110.00
(1/2 of total fee minus $12.50) (1/2 of total fee plus $12.50)
Page 2 of 4
r.W
LOCUS MAP EXHIBIT 1
New Harmony Properties
ESTIMATED HABITATS BARE WILDLIFE AND CERTIFIED VERNAL 0LS
For use with the MA W�dnds Protection Act regulations (310 M #1
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NOTICE OF INTENT 11%� New Harmony Properties ..W
EXHIBIT 3
PROJECT DESCRIPTION AND COMPLIANCE WITH PERFORMANCE STANDARDS
RESOURCE AREA DELINEATION and DESCRIPTION:
The boundary of the Bordering Vegetated Wetland and Isolated Wetlands in the vicinity
were delineated in the field based on criteria in 310CMR10.55(2)(c). Field delineation was
done in June of 1999. The boundary was based on both vegetative indicators and hydric
soils (as an indicator of wetland hydrology). A sequentially numbered line of blue flags
indicates the wetland edge. Orange flags marked "NH" indicate non - hydric soils and
Yellow flags marked "H" indicate hydric soils. The Bordering Vegetated Wetland is
primarily wooded swamp, with a limited area of wet meadow vegetation along the margins
of existing pasture. The Isolated Wetlands are typically wet meadows or shallow marsh
with shrub and tree borders.
Possible Isolated Land Subject to Flooding The large isolated wetland ( "A" flag line) could
potentially pond well over 1/4 acre ft. of water. If this occurs at least annually, the area
would qualify as "Isolated Land Subject to Flooding ". Due to the Hinckley soils (HSG A)
in the tributary area, the 1 year storm yields no runoff based on TR -55. Ponding in the
area would therefore be based primarily on ground water, for which no calculation is
prescribed in the regulations or easily available without long -term monitoring. On the
conservative assumption that the area does pond 1/4 ac. ft. annually, the boundary of the
isolated land subject to flooding would be the 100 year flood elevation, which would be
controlled by the overflow in the slight swale at the northern end of the depression
(elevation between 114 and 115). All proposed work is well outside this limit, and there is
no jurisdictional buffer under state regulations. Therefore, no filing is made regarding this
work under the Mass. Wetlands Protection Act.
SUMMARY OF WORK
The proposed work under jurisdiction of the City of Northampton Wetland Protection
Ordinance is construction of parts of a common driveway and two single family houses
within the 100' Buffer Zone of an Isolated Wetland.
Work will also include erosion controls, underground utilities, grading, and site stabilization.
A 12" diameter cross culvert will be installed to pass runoff from an upland swale under the
drive to an upland meadow, away from the wetlands. Most of the common drive, plus a
third house site, lot grading and yard area will be completely outside the Buffer Zone.
In conjunction with the overall project, 32 of the 52 acres will become permanent open
space.
, The proposed work and resource area are shown on the accompanying plan titled:
New Harmony Properties, Inc., Northampton, MA" dated September14, 1999, Sheets 1,
3, and 4.
NOTICE OF INTENT ***W New Harmony Properties
'`�' EXHIBIT 3
WORK WITHIN THE 100 FOOT JURISDICTIONAL BUFFER ZONE:
RESOURCE AREA BORDERED BY THE BUFFER ZONE: ISOLATED WETLAND
DESCRIPTION OF BUFFER: The buffer shrubs ubs a ltered is a gently to
margins of the wetland and along
sloping horse pasture with a few trees an
fence lines. Ground cover is complete, with grasses, forbs, and some low shrubs. The
soil is a deep loamy sand formed in glacial outwash (Hinckley series).
PROPOSED WORK: Also see summary description above and plan.
1. Construction of part of a common driveway with a 12" culvert
2. Construction of parts of two single - family houses.
3. Associated grading and erosion controls.
4. Removal of an existing stable and fencing.
5. Re- vegetation of disturbed areas.
PERFORMANCE STANDARDS: Work within the 100 foot buffer zone is permitted
provided that one of two criteria are met:
1.) the work does not alter a bordering vegetated wetland, bank, or land under
water, OR
2.) if the work will alter a resource area, the performance standards for the
resource area will be met.
PROTECTIVE MEASURES:
EROSION AND SEDIMENT CONTROL: The resource areas will be protected from
sediment during construction by sediment barriers. See plan for sediment barrier location
and notes on plan for sequence and specific erosion and sediment control measures,
including maintenance and post- construction re- vegetation.
VEGETATED BUFFER AREA: An undisturbed buffer of existing vegetation at least 20'
wide, and typically over 30' wide, will be maintained between the work area and resource
area.
RUNOFF MANAGEMENT: Any runoff toward the wetland is by sheet flow overland from
the roof and yard areas of lawn and landscaping. Due to the highly permeable soils, most
flow will infiltrate rather than reaching the wetland directly. Runoff from the parking areas
and common driveway will flow away from the wetland, to a grassed swale system along
the driveway. The proposed cross - culvert outlets to an extensive area of upland meadow,
over 250 feet from another isolated wetland to the north. Runoff at the eastern end of the
Common Drive enters a catch basin near Spring Street and is routed through a perforated
drain in stone trench before entering an existing catch basin constructed by the city.
WILDLIFE HABITAT: All proposed work is in the existing pasture area, so there will be
little change in cover characteristics. Indeed, landscape plantings and abandonment of
fringe some portions of the pasture may increase the diversity of cover and edge effect.