16A-021 425 Spring St Planningt .
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DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
At a meeting held on April 4, 1990, the Zoning Board of
Appeals of the City of Northampton voted unanimously to GRANT
the Application of Richard Tacy for a Special Permit under
the Provisions of Section 11.3 of the Northampton Zoning
Ordinance to allow 3,500 cubic yards of fill to be brought
onto a parcel at 425 Spring Street, Leeds. Present and
voting were Chairman Robert C. Buscher, Dr. Peter Laband, and
M. Sanford Weil, Jr.
The Findings are as follows:
It is uncontested that 3,500 cubic yards of fill have already
been placed on the premises, and this Special Permit
Application is to legitimize that act.
The requested use is allowed by Special Permit under the
Provisions of Section 11.3 of the Northampton Zoning
Ordinance.
The requested use bears a positive relationship to the public
good in that it levels off and makes usable for a badly
needed single - family dwelling unit a previously unbuildable
parcel in the city.
The requested use will not create any traffic or pedestrian
safety issues.
The requested use will not overload any municipal systems.
The requested use will in fact improve the zone in which it
is located, and is in harmony with the general purpose and
intent of the ordinance.
Robert C. Buscher, Chairman
10v Z�
Dr. PPeeeter/ aband
M. Sanfo d Weil, Jr.
CITY OF NORTHAMPTON
ZONING PERMIT APPLICAT�, ;'
�"
'Map No,
Zoning Ord nance Section 10.2
Lot
e v
le No. 71 Plan File
`Owner and Tac
!i
Addres I Nor h Ma 1 - Flor
h
NOR AM ON MA 1
d Tac
Telephone 584 -7114
rth Manle Street - Flore
Telephone 584 -7114
This section is to be filled out In accordance with the
- - Table of Dimensional and Density
(Z.O. ARTICLE VI)
Regulations:
Zoning USe Lot Front
District Area Width
Setbacks
Depth Max. Bid. Min. Op.
Front
Past URA
Side
Rear Cover Space
40,493 100'
Residential
500' 250' 30'
250' 2 % %
98
Present URA Proposed 40,493 100'
500' 250 30
250' %
Mark the appropriate box to indicate the use of the
2
, P
parcel:
D Non - Conforming Lot and /or Structure. Specif
D Residential
CISingle Family Unit
0Mult
v ff I Y 3
O Duplex
19y�
0 Individual
OFFICE OF PLANNING
O Institutional
& DEVELOPMENT
Lti-P
0 Subdivision
0 Regular
0 Cluster
0 Subdivision with --Approval- Not - Requlred " - Stamp;
l7 Other
O Planning Board Approval:
' D Zoning Board Approval (Special Permit 10.9:
Variance)
D Clty Councll (Special Exception S. 10.10)
Watershed Protection District Overlay: (Z,O. Sect. XIV)
Parkin 8 aoe Req uirements:
g A q 2.0. sect. a.�)
O Yes 11 No
as ng S. ve Requirements — n ---' -
Required
2 _ Proposed _ 2
ns:•(Z.O. Art. VII
fironmental Peric
0 Yes
� ►a��u+arua: K.U. Art. m)
Plot Plan
(5.10.2)
O esY
(1 No.
r1l M,,�
I& Yes O No
This section for OFFICIAL use only:
O Approval as presented:
JD Modifications necessary for approval:
O Return: (More Information needed)
I Denial: Reasons: Z4 6 a
Site Plan ® Yes O No
(S. 10.2 and 10.11
Waiver Granted: Date p
March 9, 1990
Iona Ur of Applicant Date
signature of Admin. Off loer
Date
Do Not Wri��jp?� •s0as Application Number: .
Rec'd. d Filed Fee Pd. Rec'd. ZBA M ap(s) Parcel(s)
By Date BY a Date Amt. / Daie6j7 BY Date �- -16
ADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS:
HO
Name of Applicant Richard Tacy
Address 158 North Maple Street - Florence, Massachusetts 01060
2. Owner of Property Richard Tacv
Address 158 North Maple Street - Florence, Massachusetts 01060
3. Applicant is: C50wner; DContract Purchaser; ❑Lessee; OTenant in Possession.
4. Application is made for:
0 VARIANCE from the provisions of Section page of the Zoning Ordinance of the
City of Northampton.
&SPECIAL PERMIT under the provisions of Section 11.3 page the Zoning Ordinance
of the City of Northampton.
❑OTHER:
5. Location of Property 425 sing Sr�r
_, being situated on
the Nortt, side ofd ing Street; and shown on the Assessors' Maps,
Sheet No. 16A , Parcel (s 21
6. Zone URA
7. Description of proposed work and /or use; Applicant has brought fill onto a pre - exist
building l to allow for construction of a new home, driveway and public sewage
Ua af+vaai. nppiicanL wi.snes to be granted a Build n Permit for hi to ui a
h ome and correct any alleged violations of zonin for bringing in fill without a
proper permit. Applicant now wishes a a permit so he can obtain a Buildin
Permit—.—
8-(a) Sketch plan attached; MYes 0 N
(b) Site plan: IE Attched ❑ Not Required
9. Set forth reasons upon which application is based: Lot is a tire Sri stinir non conformin Io lb
complies with the 2oninA haws for Buildinst Permits. Applicant _ has filled the tot to
construct a drivewa and house and has received a Drivam Perm4
10. Abutters (see instructions; list on reverse side of form).
12. 1 hereby certify that Information contained herein is true to th bes f my knowledge.
Date March 9,990 A pplicant's Signature
11.
Assessor's Map
List of Abutters: Address Sheet No. Parcel
1 Terry and Elizab� O'Brien, 431 Spring Street 16A 1 16
2 Rollin L and Jean McDonald, 437 Spring Street *A� 17
3 Edwin P. Emerson 451 Spring Street 44. mh 14
v4,t,.a,-a -Tqffmc QM Eimene Tacv. 158 North Maple St. 16A 22, 23 and
Otto and Solame Gingras, 410 Spring Street LBCfi 9
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
(Attach additional shit It neqemry)
I!
i' DECISION OF
!; NORTHAMPTON ZONING BOARD OF APPEALS
At a meetin g held on March 7, 1990, the Zoning Board of
Appeals of the City of Northampton voted unanimously to DENY
the Appeal of Richard Tacy of the Building Inspector's
refusal to issue a Building Permit for the construction of
a single - family dwelling at 425 Spring Street, Leeds, and
voted unanimously to DENY Richard Tacy's Appeal of the
Building Inspector's enforcement action for alleged zoning
violations. Present and voting were Chairman Robert C.
Buscher, William Brandt, and M. Sanford Weil, Jr.
The Findings are as follows:
It is not in dispute that Richard Tacy brought 3,500 cubic
yards, more or less, of fill onto Parcel 21, Sheet 16A of the
Northampton Assessor's Maps, this being 425 Spring Street,
Leeds, without first having obtained a Special Permit under
the Provisions of Section 11.3 of the Northampton Zoning
Ordinance.
Although Applicant relies on Section 11.3(1)(e) as authority
to do what he did, the Board finds that the "Exceptions"
list, of which subparagraph (e) is a part, requires that ALL
conditions, ( a) through (f) be complied with. The Board
concedes that the language of Section 11.3 is inelegant,
awkwardly written and easily misunderstood, but it is in fact
the ordinance.
The Board concurs that a Special Permit is required to bring
in the fill; the Board supports the decision of the Building
Inspector to not issue a Building Permit; the Board rejects
the Appeal of Mr. Tacy, and instructs the Applicant to seek
a Special Permit as required by the Ordinance.
William Brandt i
M. Sanford Weil, Jr.
Robert C. Buscher, Chairman
g� CITY OF NORTHAMPTON
a ZONING BOARD OF APPEALS
NORTHAMPTON. MASSACHUSETTS 01060
DATE: MARCH 22, 1990
RE: THE APPEAL OF RICHARD TACY OF THE BUILDING INSPECTOR'S REFUSAL
TO ISSUE A BUILDING PERMIT FOR A SINGLE - FAMILY DWELLING AT 425
SPRING STREET, LEEDS.
Pursuant to the Provisions of the General Laws of the Commonwealth
of Massachusetts, Chapter 40A, Section 15, notice is hereby given
that a decision of the Zoning Board of Appeals of the City of
Northampton was filed in the Office of the City Clerk on the above
date DENYING the Appeal.
If you wish to appeal this action, your appeal must be filed in
Superior Court within 20 days of the date this decision was filed
in the Office of the Northampton City Clerk.
Robert C. Buscher, Chairman
Northampton Zoning Board of Appeals
March 7, 1990 Meeting
Page One
The Northampton Zoning Board of Appeals met at 7:00 p. M. on
Wednesday, March 7, 1990 in Council Chambers, Wallace J. Puchalski
Municipal Building, 212 Main St., Northampton, to continue the
Public Hearing on the Appeal of Richard Tacy of the Building
Inspector's refusal to issue a Building Permit for a single - family
dwelling at 425 Spring Street, Leeds. Present and voting were
Chairman Robert C. Buscher, William R. Brandt, and M. Sanford Weil,
Jr.
Atty. Patrick Melnik was present to represent the Applicant. He
said, "The reason for the continuance was to get a site plan done -
-what the lot was, is, and will be. Mr. Tacy owns land at 425
Spring St. and wants to build a single - family home there. He
brought in fill without a building permit or a driveway permit.
He now has his driveway permit, and since filling for driveways is
allowed, there is no current violation If Palmer says there was
more fill brought in than is required, Tacy will take it out. The
Building Inspector wants him to get a Special Permit to bring -in
fill. Our quarrel with that is, no matter what he gets, it's after
the fact. The Building Inspector wants the Special Permit before
he gives the Building Permit. I see no logical reason to do so.
I suggest Tacy not be required to go through these hurdles.
Filling for driveways and sing;e - family houses is allowed. If
Palmer wants penalties, OK, but why refuse to give a Building
Permit? I ask you to indicate this is a legal lot with no zoning
violations, and he is eligible for a Building Permit."
Mr. Brandt inquired, "You brought in fill and said it was for the
driveway. Now, you need more for where the house is ?" "Yes," was
the reply. Atty. Melnik pointed out that Section 11.3(1)(e) allows
10,000 yards to be brought in for a driveway, if needed. Ch.
Buscher pointed out that (a) through (f) apply- -the word "all" is
inclusive. "You need a special Permit."
Bruce Palmer pointed out, "We're here for a procedural defect. A
Special Permit was called for, and not applied for. I suppose I
could give the Building Permit, but I don't think I'm here to avoid
the ordinance. If it were 600 yards, not 3,500, maybe. But here
we are."
Ch. Buscher asked, "Are there problems with filling -- wetlands or
runoff? Does the filling change the topography relative to other
houses ?" Mr. Tacy replied, "No- -and the closest lot is my
brother's." Mr. Weil asked Mr. Palmer, "Suppose he had to get a
Special Permit and it was denied. What then ?" Mr. Palmer replied,
"He'd have to remove everything."
Mr. Brandt asked Mr. Palmer, "Do you recommend they apply for a
Special Permit to bring in fill ?" Mr. Palmer replied, "Yes." Mr.
Brandt then asked Mr. Tacy, "Why did you do it ?" He replied, "I
Northampton Zoning Board of Appeals
March 7, 1990 Meeting
Page Two
misread the ordinance. I thought I could do what I did." Mr.
Brandt then said to Mr. Palmer, "You really can't issue the
Building Permit without the Special Permit. " - Mr. Palmer agreed.
Mr. Melnik commented, "He will apply for the Special Permit for
fill." Ch. Buscher added, "All Mr. Palmer is saying is, 'Do it
right. In the meantime, I won't make you remove it.'"
There being no one present to speak in favor or in opposition, Mr.
Weil moved the Public Hearing be closed. Mr. Brandt seconded, and
the motion passed unanimously.
Mr. Weil concluded, "The Building Inspector's reasoning is that
it's a mistake to correct an error of noncompliance by issuing a
Building Permit. He is correct. The fill is there. A Special
Permit could be denied. We should not make an exception. If the
man made a mistake, he should apply for the Special Permit. I move
to uphold the Building Inspector." Mr. Brandt added, "I agree.
The Special Permit should be requested. We must support the
Building Inspector." Ch. Buscher added, "I agree Mr. Palmer was
correct. A Special Permit is needed. The ordinance is awkwardly
written and easily misunderstood, but it's there."
Mr. Weil moved that the Appeal be denied. Mr. Brandt seconded, and
the motion passed unanimously.
Also present, in addition to those mentioned, was R. J. Pascucci,
Board Secretary.
Robert C. Buscher, Chairman
Northampton Zoning Board of Appeals
January 17, 1990 Meeting
The Northampton Zoning Board of Appeals met on Wednesday, January
17, 1990 in Council Chambers, Wallace J. Puchalski Municipal
Building, 212 Main Street, Northampton, to conduct a Public Hearing
on the Appeal of Richard Tacy of the Building Inspector's refusal
to issue a Building Permit for a single - family dwelling planned at
425 Spring Street, Leeds. Present and voting were Chairman Robert
C. Buscher, William Brandt, and M. Sanford Weil, Jr.
Ch. Buscher read the Legal Notice, a letter from Atty. Patrick
Melnik outlining the nature of the appeal, and the Legal Notice.
He also read a January 16, 1990 letter from Mr. Melnik asking for
a continuance, because the Appellant, the Building Inspector and
the Planning Board were working together to resolve the issue, and
adding that there may be no need for a ZBA Public Hearing. Mr.
Melnik was represented by Roger Lynch, a member of his firm, who
asked for a continuance to March 7, 1990. Mr. Brandt so moved,
Mr. Weil seconded, and the motion passed unanimously.
Also present, in addition to those mentioned, was R. J. Pascucci,
Board Secretary.
Robert C. Buscher, Chairman
NOTICE OF EXTENSION
GL Ch. 40A, Sec. 15
TO: THE CITY CLERK OF THE CITY OF NORTHAMPTON
Now comes the Petitioner, ��t ,L ,� / 7
and the Zoning Board of Appeals for the City of
and
agree that all applicable time periods regarding the following
Petitions) he extended by an additional !
da T5
n
�c
Date
ZONING BOARD
fi 7
Petitioner
c `= "Awed at City Clerk's Office
= THAMPT, MASS.
J►
APP
CITY OF NORTHAMPTON
Z004NG PERMIT APPLICAT� i
Zoning Ordinan Section 10.2 Received:
Owner Richard Tacy
Address - 158 North Maple Street, Florence, Mass.
Applicant - Richard Tacy _
Address 158 North Maple Street, Florence, Mass
T elephone 584 -7114 (Telephone 584 -7114
This section is to be filled out in accordance with the "Table of Dimenslonal and Density Regulations:
(Z.O. ARTICLE VI)
Zoning
District
Use
Lot
Area
Front
Width
Setbacks
Depth Front Side
Max. Bid.
Min.
Rear
Sp ace
Re sidentia l
Past URA
Existing
40
100'
500' 250' 30' 250'
2 %
98%
Residential
Pr e s ent URA
Proposed
40
100'
500' 250' 30' 250'
2 %
98
Mark the appropriate box to indicate the use of the parcel:
O Non - Conforming Lot and /or Structure. Specify
IX Residential OSingle Family Unit OMuitl- Famlly
• Business O Duplex O Other
• individual
• institutional
0 Subdivision O Regular O P.U.D.
O Cluster O Other
O Subdivision with "Approval- Not - Required " - Stamp:
O Planning Board Approval:
O Zoning Board Approval (Special Permit 10.9: Variance)
O City Council (Special Exception S. 10.10)
Watershed Protection District Overlay: (Z.O. Sect. XIV) O Yes M No
Parking Space Requirements: (Z.O. Sect. 8.1) Required 2 Proposed 2
L oading Space Requiremen (Z.O. Sect. 8.2) Required 0 Pro nosarl n
Signs: Art. VII) O Yes - (!
Environmental Performance Standards: (Z.O. Art. XI 1) O Yes ($ No
Plot Plan
(8.10.2)
Iff Yes O No
Site Plan O Yes 121 No
(S. 10.2 and 10.11
Waiver Granted: Date O
This section for OFFICIAL use only:
O Approval as presented:
p Modlflcatlons necessary for approval:
D Return! (More information needed)
O Dental: Reasons:
j
3�1p nature of Applicant ate
it�chard Tacy
Signature of Admin. Officer Date
• Map No. 16A' I Lot 21
File No. I Plan File
Do Not Write In These Spaces Application Number:
Rec'd. B. 1. Checked Filed Fee Pd. Rec'd. ZBA Map(s) Parcels)
By bate By Date Date Amt. I Date I SY I We
16A 21
APPLICATION IS HEREBY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS:
1. Name of Applicant Richard Tacy
Address 158 North Maple Street, Florence, Massachusetts 01060
2. Owner of Property Richard Tacy
Address 158 North Maple Street, Florence, Massachusetts 01060
3. Applicant is: ]Owner; OContract Purchaser; OLessee; OTenant in Possession.
4. Application Is made for:
O VARIANCE from the provisions of Section page of the Zoning Ordinance of the
City of Northampton.
OSPECIAL PERMIT under the provisions of Section page of the Zoning Ordinance
of the City of Northampton.
an
ER:
s
5. Location of Property 425 Siring Street being situated on
the North side of i
Sheet No. 16A --.e Street; and shown on the Assessors Maps,
Parcels) 21
6. Zone URA
7. Description of proposed work and /or use; Applicant has brought! fill onto a pre - existin
suildi Lot to allow for construction of a „Pw t,runa .i,-; .TOy.,n., —a
- -- _ -- -- v� L -" L.K LvL UL.LLAA.LLIA LLL LLLL W.LLnuuu a proper permit
8-0) Sketch plan attached; 0 Yes O No
(b) Site plan: OAttched 0 Not Required
9. Set forth reasons upon which application is based: _- Lot is a pre
c omplies with the Zoning Laws for Building Permits. Appl
const uct a ariveway ana hous and has recei a vewa
- s -
10.. Abutters (see Instructions; list on reverse side of form).
12. 1 hereby certify that information contained herein is true to the best of my knowled e
Date a j jj V j A pplicant's Signatur
r
41
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NOTICE OF APPEAL
North Maple Street, Florence
g ring
Of 15 located at 4nt to the provis
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NOTICE OF APPEAL
I, Richard Tacy, of 158 North Maple Street, Florence,
Massachusetts owner of property located 425 Spring Street, provisions
Florence, Massachusetts hereby app pursuant
of Massachusetts General Laws, Chapter 40(a), Section 15 the
reE -' g X-aapector of the City of Northampton to
grant me a Building Permit for a residential house at 425 Spring
Street, Florence, Massachusetts and also hereby appeal the
enforcement action of the Building Inspector which has alleged-
that I have improperly brought fill onto my property at that
location.
Attached to this Notice of Appeal is a copy of my
application for Zoning Permit and Building Permit, letter from
the Building Inspector dated October 10, 1989 and other
supporting documentation concerning this Appeal.
My lot is a lawful building lot in the City of Northampton
and the location of my proposed building complies with all of
the setback requirements and size requirements of the Zoning
Laws of the City of Northampton. The sole reason that the
Building Inspector has refused to grant to me a Building Permit
is his contention that the filling that I have done on this site
is in violation of the Zoning Ordinances of the City of
Northampton.
I have brought fill onto the site for purposes of
constructing a driveway to my proposed house site and I have
also filled the site to make the house site suitable for
residential housing and to allow gravity fed sewage system to be
installed. However, I have obtained a driveway permit from the
Board of Public Works of the City of Northampton and I also
believe that any necessary filling that takes place in
connection with the lawful construction of residential housing
is exempt under the Zoning Ordinances from Special Permits
requirements.
Specifically, I contend that filling operations necessary
in connection with the lawful construction of a building and
driveway is an exemption to the Special Permit requirements of
the Zoning Ordinance under Section 11.3(1)(e). I attach to this
Appeal a copy of the provisions of the Zoning Ordinances of
Section 11.3.
October 19, 1989
Richard Tacy
INSPECTOR
i
IMPORTANT — Applicant to complete all items in sections: 1, I1, III, IV, and IX.
1? 97— ZONING JQ A
/ 2 DISTRICT
AT (LOCATION) (NO.) i TREETI
AND (CROSS St REETI
BETWEEN (CROSS STREET)
LOT
LOT BLOCK -SIZE
SUBDIVISION �V t
LOCATION
BUILDING
CITY OF NORTHAMPTON
�✓ MASSACHUSETTS
212 Main Stress
.Northwiptom, Mm. 01060
APPLICATION FOR
ZONING PERMIT AN
BUILDING PERMIT
11. TYPE AND COST OF BUILDING — All applicants complete Parts A — D
SED USE — For "Wreckirte most recent use
A. TYPE OF IMPROVEMENT
1 New building
2 Addition(il residential, enter number
of new housing units added, it any.
in Part D, 13)
3 ❑ Alteration (See 2 above)
4 F Repair, replacement
5 ❑ Wrecking (if multifamily residential,
enter number of units in building in
Part D, 13)
6 Moving (relocation)
7 F Foundation only
B. OWNERSHIP
8 Private (individual, corporation,
nonprofit institution, etc.)
9 Public (Federal, State, or
locos government)
C. COST
10. Cost of improvement ...............
To be installed but not included
in the above cost
a. Electrical ......................
b. Plumbing ......................
c. Heating, air conditioning.........
D. PROPO
OFFICE of the INSPECTOR of BUILDINGS
Page Plot 3
d. Other (elevator, etc.) .............
it. TOTAL COST OF IMPROVEMENT
111. SELECTED CHARACTERISTICS OF
E. PRINCIPAL TYPE OF FRAME
30 ❑ Masonry (wolf bearing)
31 Wood frame
32 Structural steel
33 Reinforced concrete
34 F Other — Specily
F. PRINCIPAL TYPE OF HEATING FUEL
35 F Gas
36 Oil
37 Electricity
38 Cool
39 ❑ Other — Specify
Re ntial
12 sid One family
130 Two or more family — Enter
number of units — -- — --
14 F Transient hotel, motel,
or dormitory — Enter number
of units -- -- - - -- — -
15 ❑ Garage
16 Carport
17E] Other — SpecifY
"Ou'lorILDING
Nonresidential
180 Amusement, recreational
19 ❑ Church, other religious
20 Industrial
21 n Parking garage
22 ❑ Service station, repair garage
23 n Hospital, institutional
24 ❑ Office, bank, professional
25 ❑ Public utility
26 ❑ School, library, other educational
27 ❑ Stores, mercantile
28 n Tanks, towers
29 n Other — Specily
(Umil cents) Nonresidential — Describe in detail pr use of buildings, e.g., food
processing plant, machine shop, laundry building at hospital, elementary
004 school, secondary school, college, parochial school, parking garage for.
d epartment
use of existing buildi f bu
is bui at
posed usetrial plant.
s r ,oao.
BUILDING — For new buildings and additions, complete Parts E -- L;
for wrecking, complete only Part J, for all others skip to V.
G. TYPE OF SEWAGE DISPOSAL J. DIMENSIONS
40 Public or private company
48. Number of stories.........
49. Total square feet of floor area,
41 Private (septic tank, etc.) all Floors, based on exterior
dimensions ...................
H. TYPE OF WATER SUPPLY
42 Public or private company
43 ❑ Private (well, cistern)
TYPE OF MECHANICAL
Will there be central air
conditioning?
44 n Yes 45 LL. No
Will there be an elevator"
46 n Yes 47 [A No
Z
I1P
50. Total land area, sq. ft............ I Cv X93.1'
K. NUMBER OF OFF- STREET
PARKING SPACES
51 . Enclosed .......................
52 . Outdoors .......................
L. RESIDENTIAL BUILDINGS ONLY
53. Number of bedrooms ..............
Full.........
54. tJu�nber of
bathrooms
P artial.......
u �
(d) a plan for lighting if night operation is contemplated.
ade for temporary and permanent drainage
2. Provision shall be m
of the site.
not to
3. Fills shall be limited an one time nor behwithin ar ten (10)
exceed ten (10) feet Y
feet of an adjacent property line or any cut.
q. Regrading of all or parts of the slopes resulting from such
fill shall be carried out
5. At least six (6) inches of topsoil shall be replaced over ithla
filled or otherwise disturbed eseeded as necessary assure uniform
perennial cover crop,
growth and soil surface stabilization.
6. Where any fill will have
one n two v d vertical ti ) horizontal , there
create a slope of more than
shall be a substantial fence eSin Such fence shall located
feet in height with suitable gates.
ten (10) feet or more from the edge of the fill.
Section 11.3 - Fillin of Land_ 0t er Th Th Wa
f
ter illing operationFor or Wet Area.
the filling in of any land area whe
not covered by the provisions Wich contained
not exc pt d Article
n Section llt3 (1) M1.,
XIV of this ordinance, or
( 2 ) below, no such filling in of land shall proceed egulations and
securing a special permit according
procedures set forth in Article X of this Ordinance, subject to the
provisions contained herein.
1. Exce t ion - The filling ided all of the following shall be exempt
Section pro conditions
from this
are complied with:
(a) A filling -in operation which does not terialed a total of
five hundred (500) cubic yards of area
(b) A filling ousand ( 10,00 ) square feet oneany total
of ten th land
parcel or subdivision thereof.
(c) A filling -in operation
land which management associated practices,
acceptable agricultural constructconstruction including, but not limited to, plowing and and co such as
of agricultural structures; nursery of cultivated sod,
the removal and /or transplanting
shrubs, and trees; logging operations.
(d) Filling -in operations associated with refuse disposal
and sanitary landfill facilities within .the City of
Northampton and operated regulations accordance with all
appropriate State
11 -5
4F .
(e) Filling -in operations necessst�u tconne street driveway
of a building appurtenance.
sidewalk, path or other app
as a maintenance measure, or for landscaping
purposes on existing (f) Filling, developed lots or parcels, provided
i
that the aggregate of area(s) affected rade change does
ten thousand (10,000) square feet,
not exceed twelve (12) inches at any point and does not
alter the drainage patterns; and the filling -in does not
involve a quantity of material in excess of one hundred
(100) cubic yards.
2.
following:
The premises and surrounding area within one hundred
(a) the area to be filled in, property
(100) feet showing and tie -in
lines within which the filling is proposed,
to the nearest road in of not more than two p ro p ose d
c ontour lines at
resulting from the fi lling in, in relation to
the topography of t premises.
(b) The location of any buildings, structures, utilities,
sewers, water and storm drains within one hundred (100)
feet of the site.
(c) A certification of the quantity of fill involved.
Permit Procedures
- The procedure for granting a special
permit shall be as sitsfexceptn Article
that special permits r
permitsgranted
for all special perm one
under this section shall be for a period not to exceed eriod
year. For a continuation of an opa new app) cation must be eration beyond
designated in the initial permit, a me
made and a new special permit t xcep granted the Board
manner as for the initial p this
waive requirements for submittal of materials require the yBoard
section. The r mu Al be ogthered writing prvisions b elating to
to the apple cant
operational standards and p ermit procedures shall apply. A
separate permit shall for require for
on thehsame sepasite non
contiguous site, t he
Required Site Plan - - A site p lan sh be fi lled h t ie
Building Inspector for any h or Article K IV
covered by either article XIII, Section 11.3
of this Ordinance and is s ite e l ans te for fill under the
eas shall be
Section 11.3(1),(2)• S1 P
prepared by a registered prof essional d accor the
ntoprovisions rof
land surveyor and review in
Section 10.11. Submission required plans
Section 10 11e�the
addition to the maters
1 1-6
^nQ t 4r'i,rz y�yYCT k,
i
: BEAN E1• Al5 = 8 001< �205p
09.0 o f
PAGE 225
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(� 111 n lil .... ��I �� lG�rrl
R r
tL' or)
310 CUR 1aM
Fmm 2
:,:� Caexnonwe�h
,S of Maasew
� A
o�rA�rw�t aS �iV
Osterminatiow of AppikaWlity .
Massachusetts Wetlands P rOtection Act; G.L C_ 131, §40.
NORT RAIn O M , WMAMS PROT$CS M QRD
To Richard Tancy
(Name of Matson HWMV raquem
158 North Maple Street
Address Florence
This dete;sOIGL14d a* as follows:
Saua
tune of Mq"M owner)
by h�td deBvery to petaon �S an .
by CWMed mai, Tatum rsc9wt )
/ Y. S- �//N,/, m Au t 14 1 90 data!
Pursuant to the y o f L E. G..13T, §40, der
hmcmukhWed Y�ftx'at?R�.'
mane th! tod��,� �'�� �tiaet, and ttas
SftftA 425. S . ..S
Lot Humber.
This Det PA+�ttt�.�n• �6
1 _ ff ,sue
Under c>� Act.
5a ` oi� . nit
' oot� nort Naeg 2> .: is 3�sd .: tr th, �cspt
ae t qb WC6, esawwtwvwwIat
an Are& is witlmt
P+ orriJt lertff&ACtwdvw7mm*00. fIL &edge arawratuft Thwe-
fam* said work 1s0uires the Ming of a Ma*m of b"WIL
Aur work in thl�. area clescri6ed. above .
" "at o&tltasd oa Page 2 -2.
pi
I
. a� . " �" .'�Y„`.-w- ...- .....,.z:f7Ctt'� i;�✓Jii 1',� .� r *t.; l �
1 C ��//\\W/ � II
OILC,92 •
Cowrom
MOM. Tacy
4
3. M The work described below, which includes aftart of work descnoed In your request. is within
the Suffer Zone as defined in the regulations. and will alter an Area Subject to Protection Under
the Act. Therefore. said work requires the film of a Notice of Intent.
Any work on the area described in the Request except as described; below.
This Determination is negative:
1. $ The area described in yourrequest is not an Area Sub*ct to Protection Under the Act.
See Note • Only that area on Lot I where a house is being built and where fill has been placed as shown on Plans
2. s i'e wr�r�c d `buest is withirt an Area Sum to Protection Under the Act. but wig
not remove. fig, dredge. or after that area. TheretM, said work does not require the filing of a
Notice of Intent.
3. The work described in your request is within the Butter Zone, as defined in the regulations. but will
- -- not, altar _en,l es � tt9 Protection Under ft Act. Therator*: said work does not require the
filing of a Notice of Intent.
a. ;= The area,descrtbed.m your request is Subject to Protection Under the AM but since the work
described therein meets the requirements for the following exemption.as specified m the Act and
the regulations. no Notice of Intent is required:
Issued by Northam iton Conservation Commission
This mete iniitfart rttu t 0"p bl �a rr�jckfty`vf th Cbnset�vartiart Cart.
o this 13th day 8t . 1 £i be#ore me
persan_W to be the
Person described and who executed, the foregoing atsevntertt: anacf — snow – Te'triflstfs� executed
the same as his/her free act and deed. 'fh lam l
/A. r ' NOI'A11C t
Notary Public N ,y commission exores
Ttns DetMINt1sopn odes not`reweve Me_appwoti t tram compbymg with am other, aCp a #OWN, State, or local statutes. acamnces.
by -laws or regumons. This Detenninauon snar tae vawd tar vtree years torte me care of isswnce
Tate apowaant, the owner any person aggrtevua by this Daartmnmion. any owner of law abutting the land upon which the prcooee 'work
is to be Cone. or arw ten resroenis of the cay or tam in watch suen land is ideated. are heraw notiheo of their ngnt to reducer the Doosrment
of Envitanmemai Praecton to - wom a Superaidirg Deternwtawn of Appwnbi wry, provon the reoueu is ma0e oy cer"wa rim a hand
dewvery td the Department. with the awrownis thing tee aft Fee Trartanutat Farm as provided in 310 CUR 10.03M wMn ten on" from
the date of iasutrtde of this DeternwU bon. A aW of the rimpno snail at the same nine be sent by csnmeo mac or nano osimery to the
Conservation C rimtsston mid ptlCaflt
HM
1� T _ 19so at A dclock and n A , Wd eWd
lAro Hi (DAY —
d with HampA re &eg. of Deeds, 6J _ s
i
310 CMR: DTMENT OF ENVIRONMENTAL PROTECTI',
10.99: Forms
Form 1 DEP Fate No
,. (lo to provided b DEP)
_ citylowr.
Commonwealth - - TO. CSI
,� of Massachusetts Aoot�ca
w Request for a Determination of Applicability.
Wetlands Protection Act, G.L. c. 131 §40
1. x ' I, the undersigned, hereby request that the
Conservation Commission make a determination as to whether the area. described below, or work to
be performed on said area, also described below, is subject to the jurisdiction of the Wetlands
Protection Act, G.L. c. 131, §40.
2. The area is described as follows. (Use maps or plans, if necessary, to provide a description and the
location of the area subject to this request.)
Location: Street Address
Lot Number:
3,p; The work in said area is described below. (Use additional paper, if necessary, to describe the
pr posed work.)
11/10/89
310CMR- 280.15
310 CMR: UEPARTMEN "r OF ENVIRONMENTAL PROTECTION
10,99: continued
pars ma king making this request, has been given written notification of this
4. The owner(s) of the area, if not the (date)
x request on
The names) and address(OS1 of the owner(s)
_
5. 1 have filed a complete copy of this request with the appropriate regional ooffice of the Massachuse s (date)
Department of Environmental Protection
DEP Northeast Regional Office
5 Commonwealth Avenue
Woburn, MA 01801
DEP Central Regional Office
75 Grove Street
Worcester, MA 01605
DEP Southeast Regional Office
Lakeville Hospital
Route 105
Lakeville, MA 02347
DEP Western Regional Office
State House West, 4th Floor
436 Dwight Street
Springfield, MA 01103
of this request will be placed in a local newspaper at my expense in accor
6. I understand that notification t -
of the regulations by the Conservation Commission and that I will be
dance with Section 10 catio o f
billed accordingly.
Name
� 1 ae
Signature —
C TeI.
Address
1o�reR- l ea . � �otoo
310 CMR - 280.18
11/10/89
DEGE Fie No- 24 -
(To be pIVA610 by DEGE)
Cay/Town Nerthamnton -
Appwcwlt
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c.131, §40
1. 1, the undersigned, hereby request that the Northam ton
Conservation Commission make a determination as to whether the area, described below, or work to be
performed on said area, also described below, is subject to the jurisdiction of the Wetlands Protection
Act, G.L. c. 131. §40.
2. The area is described as follows. (Use maps or plans, if necessary, to provide a description and the
location of the area subject to this request.) ^
S l.cti�
rc , � j1 1 � G�v�' � ►T ct r,C� . i �
wc3cl
3. The work in said area is described below. (Use additional paper, if necessary, to describe the
proposed work.)
1 -1
request, has bee rAtion of this
4. Th owners) of the area. � person making this -.. Yen written notir
request on
The name(s) and address(es) of the OwnW(s):
C)
5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts
Department of Environmental duality Engineering on . (date)
Northeast Southeast
323 New Boston Street LakeviNe Hospital
Woburn, MA 01801 Lakeville, MA 02346
1 71 111! 1
Central Department of Environmental Quality En
75 Grove Street Western Regional Office
Worcester, MA 01605 State House West
— 436 D St., Springfield, MA 01103
00
6. 1 understand that notification of this request will be placed in a local newspaper at my expense in accor-
dance with Section 10.05(3) (b)1 of the regulations by the Conservation Commission and that I wig be
billed accordingly.
Signature
liq
Address
1-2
Tel
-.10
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
April 21, 1987
Eugene A. Tacy, Margaret Tobin,
James J. Tacy, Richard J. Tacy
c/o Harold Tacy
158 North Maple Street
Florence, Massachusetts 01060
Re: Wetland Alteration /Parcel 26 of Sheet 16C Northampton
Northampton
Assessor 's
Floodplain Alteration /Parcel 17 of Sheet 10D
Dear Property Owners:
Enclosed please find your ENFORCrME off relative to
erty Spring
stream and bordering wetland on your pp
Y
Street - (Parcel 26 of Sheet 16C of the Northampton Assessor's Maps).
In addition, in reviewing your Special Permit Application to construct a
building on your property off of the easterly side of Main Street in Leeds (Parcel
17 of Sheet lOD of the NorthaPtmaterialsowereMbeingtdumped andlstoredeontantareage
piles of fill, debris and other
of the lot which was within the 100 -year floodplain of the Mill River.
We would like you to attend our next meeting on Monday Evening, April 27, 1987
at 8:00 PM in Room 18, located on the second floor of City Hall to discuss your plans
to rectify the wetland violations on these two parcels of land.
Should you have any questions or require additional information please feel free
to contact me at home (586 -4364) during the evening hours.
Your anticipated cooperation with regard to this matter is greatly appreciated.
Yours,
i nathan Roche
Chairman
Form 9
DEQE Fw tro. 246 —
(To be VowMed by DEQE)
ay /Town Northampton
Enforcement Order
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From
Nnrtha (' ryAvinn Cnmmi ssi nn - - -�ssVft tv
Eugene A. Tacy, Margaret Tobin,
To James J. Tac Richard J. Tac c/o Harold Tac 158 N. Ma le St. F M A
Date of Issuance
Property lot/parcel number, address p arcel 26 of Sheet 16C of the Northampto Assessor'
Maps (located on the east side of Spring Street)
Extent and type of activity:
Filling, dredging and altering:the bank of a stream; land under a stream; fresh
water wetland bordering on a stream; and land within 100 feet of the stream and/
or bordering fresh water wetland, more particularly the cutting down of trees,
bulldozing of the land, streambed and bordering wetland, dumping and storage of
fill, and filling. -in portions of the streambed.
The Northam ton ' Conservation Commission has determined that tiie activity described
above is in violation of the Wetlands Protection Act, G.L. c. 131, §40, and the Regulations promulgated pur-
suant thereto 31 0ICMR 10.00, because:
Q Said activity has been/is being conducted without a valid Order of Conditions.
O Said activity has been /is being conducted in violation of an Order of Conditions issued to
, dated
File number , Condition number(s)
O Other (specify)
The - - `nn Cnnsetvati on Commi nn hereby orders the following:
The property owner, his agents, permittees and all others shall immediately cease and desist from further
activity affecting the wetland portion of this property.
® Wetland alterations resulting from said activity shalt be corrected and the site returned to its original con -
dition.
9 -1
f
0 Completed application forms and plans
as required by the on or before �tio shall be filed with (date),
and no further work shall be performed until a public hearing has been hel
vo d an Ord �r�otOCon 0
has been issued to regulate said Cork. Hall , 210 �a e n e S tvr�eet, at:
Northampton, MA
The property .
P 1 an & owner shag take. every reasonable step to prevent further violations of the act
®
® 0ther (specify)
Property Owners shall attend the Northampton Conservation Commission Meeting
The Prop
at 8:00 er in Room 18, located on the'second floor of City Hall, 210 Main Street
Northampton, MA to discuss their plans for restoring the site to its original
conditions, and to discuss their future plans for the site. 1987. Conservation
Commission Meeting will be hld on Monday evening, April
Failure to comply with this Order may constitute grounds for legal action. Massachusetts General laws Chap-
ter 131, Section 40 provides:
Whoever violates any provision of this section shall be punished by a fine of not more
than one thousand dollars or by imprisonment for not more than six months or both.
Each day or portion thereof of continuing violation shall constitute a separate offense.
Questions regarding this Enforcement Order should be to: Lawrence B. Smith Senior Planner
Planning Office, 210 Main Street
City Hall, Northampton, MA 01060
Issued by Northam ton Conservation Commission
Signatures)
n
/Ct
I �
(Signature of delivery person
or certified mail number)
4
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9 '
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33321
4
TOPOGRAPHIC SITE
PLAN OF LAND IN
NORTHAMPTON, MASSACHUSETTS
PREPARED FOR
RICHARD J. TACY
SCALE: 1" = 20' FEBRUARY 20, 1990
HAROLD L EATON AND ASSOCIATES, INC.
REGISTERED PROFESSIONAL LAND SURVEYORS
235 RUSSELL STREET — HADLEY — MASSACHUSETTS
20 0 20 40 60 so
FEET
6 0 B 12 t8 24
METERS
4.
APPROVAL UNDER THE SUBDIVISION
CON TROL L A W NOT REQUIRED
MAGNETIC 1987
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PREPA RED FOR
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' CERTIFY THA T THIS PLA►q HAS BEEN PREPARED IN 4 � �r, SCALE I" = 50' OCTOBER 23, _1987
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