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ITt DRAFT DECLARATION OF COVENANTS AND RESTRICTIONS, EASEMENTS, AND MAINTENANCE AGREEMENTS This Declaration is made this day of 2009, by Tofino Associates, Inc. ("Tofino") and Northern Avenue Homes, Inc. ("Northern"), the owners of two parcels of land with frontage on Northern Avenue, as shown on a plan of land entitled "North Street Condos, Special Permit Application........, Northampton, Massachusetts,", dated ,2009, and recorded with the Hampshire County Registry of Deeds at Plan Book ,Pages (the "Special Permit Plan"). For Tofino's and Northern's ownership of the premises, see the following deeds: WHEREAS Tofino intends to install a pressure sewer line and an 8" water line in the locations shown on Sheets of the Special Permit Plans approved by the City of Northampton Planning Board for North Street Condos (the "Sewer and Water Lines") for the benefit of the dwelling units which are recorded in the Hampshire County Registry of Deeds in Book of Plans ,Page ; WHEREAS Tofino intends to form a Condominium pursuant to MGL Ch. 183A covering the land shown on said Plans, Book ,Page the common areas of which Condominium will be managed and controlled by the Board of Trustees of the Condominium Association (or Homeowners Association) (the "Board of the Condominium Association"); and WHEREAS the parcels are subject to a Decision of the Northampton Planning Board, dated 2009, and recorded with said Registry of Deeds at Book ,Page (the "Planning Board Decision") and an Order of Conditions from the Northampton Conservation Commission, dated 2009, and recorded with said Registry of Deeds at Book ,Page (the "Order of Conditions"); and WHEREAS Tofino and Northern wish to provide for the on-going maintenance and repair of the roadway, sidewalks, the Sewer and Water Lines, and the Stormwater Management System, to establish a monitoring, inspection and maintenance system for the 35' No Disturb Zone to the wetlands, to maintain the Common Open Space, to establish utility and other easements to meet the requirements of the Planning Board Decision and the Conservation Commission Order of Conditions, and to establish other restrictions, covenants, rights, and obligations affecting the parcels; NOW, THEREFORE, Tofino and Northern do hereby declare that the following provisions shall encumber and/or benefit the parcels, roadways, the Sewer and Water Lines, the Stormwater Management System, the 35' Wetlands No Disturb Zone, and the Common Open Space: -1- Restrictions and Covenants 6-18-2009.doc RESPONSIBLE-PARTY Prior to the formation of the Condominium Association, Tofino and Northern shall be responsible for the obligations set forth in this Declaration. Upon the formation of the Condominium Association, the Board of the Condominium Association, hereinafter singularly or collectively called the "Obliged Party," shall be solely responsible for the obligations set forth in this Declaration. EXCLUSIVE USE ZONES Each Unit shall have an exclusive easement for gardening and planting within feet of the exterior of their Unit; however all planting must be approved by the Condominium Association and the Condominium Association reserves an easement through said Exclusive Use zones to run utility lines and water and sewer lines to serve the Units in the Condominium. Each Unit Owner shall own in connection with their Unit all sewer lines and piping from the interior of the building running through the foundation to the sewer ejector pump which shall also be owned by the Unit Owner for each Unit and Unit Owners will have an easement across the common areas and through the foundation for their respective sewer piping and sewer ejector pump. ROADWAYS The Obliged Party shall be solely responsible for: (a) the maintenance, repair, and reconstruction of all Roadways within the condominium development at all times so. as to maintain it in a good and passable condition, including without limitation, deicing, snow removal, and paving; (b) the maintenance, repair, and reconstruction of any sidewalks located within the development at all times so as to maintain them in a good and passable condition, including without limitation, snow removal and paving; and (c) establishing Rules and Regulations governing the speed and use of said Roadways and said sidewalks, to be recorded hereafter at the Hampshire County Registry of Deeds. The Obliged Party is forbidden by Condition ## of the Order of Conditions to use any salt (sodium chloride) on any Roadway or sidewalk. An annual acknowledgement of this requirement by the Obliged Party as the case may be, shall be provided to the Conservation Commission by September 1 of each year. The Roadways shall be maintained, repaired, constructed, and reconstructed at all times by the Obliged Party so as to be in a good and passable condition, including without limitation, paving and snow removal; and any grade of the said Roadways shall be reconstructed and maintained with a surface of bituminous concrete. The Obliged Party shall meet a minimum of once each year to review the condition of the Roadways. The Obliged Party shall determine when, to what extent, and in what manner, maintenance, repairs, reconstruction, and other work on the Roadways shall be conducted. All decisions shall be determined by a majority vote of Tofino and Northern or the Condominium Association as the case may be. -2- Restrictions and Covenants 6-18-2009.doc Y If any of the Condominium Owners has work done which necessitates digging up the said Roadway and/or sidewalk for the sole benefit of said Condominium Owner, then said Condominium Association shall be responsible for returning the Roadway and/or sidewalk to its original condition and the Unit Owners who benefits from such work shall be responsible for paying for the cost thereof, and in the event Condominium Unit Owner does not pay such work, the Condominium Association will have a lien on the Unit as a special common charge. The Roadways and any related sidewalks and all easements granted herein shall remain private and the Obliged Party or Condominium Owners covered by this Declaration shall not petition that the City of Northampton take over the maintenance of the Roadways, other easements, or any related sidewalks as a public way. The Obliged Party shall not install a gate to prevent public access to the Roadways. The City of Northampton is hereby granted an easement to inspect View Avenue and to maintain, repair and reconstruct the portion of View Avenue that serves the existing houses on View Avenue. SEWER AND WATER LINES The Obliged Party shall be responsible for managing the Sewer and Water Lines, including providing for periodic inspections, coordinating any required maintenance, repair, and reconstruction over the lifetime of the Sewer and Water Lines, and establishing any reserve accounts it reasonably determines are necessary. Tofino and Northern shall have the right to install all water and sewer service in the first instance and all connections to said service for individual units. If a unit is connected to the Sewer and Water Lines, the Owner of said unit shall contribute a proportional share of the costs. of inspecting, maintaining, repairing, and reconstructing the Sewer and Water Lines, including making contributions to any reserve accounts established by the Board of the Condominium Association. The Obliged Party shall be responsible for the inspection, maintenance, repair, and/or reconstruction of the Sewer and Water Lines as a private responsibility in accordance with the provisions of this Declaration; the City of Northampton shall have no obligation whatsoever with respect to the inspection, maintenance, repair, and/or reconstruction of the Sewer and Water Lines; and the Obliged Party shall indemnify and hold the City of Northampton harmless from any and all liability, expense, or cost of any kind with respect to the inspection, maintenance, repair, and/or reconstruction of the Sewer and Water Lines. The City of Northampton is hereby granted an easement to (a) inspect the Sewer and Water lines in View Avenue and (b) to perform maintenance and repair of the said Sewer and Water lines in View Avenue that serve the existing houses on View Avenue. STORM WATER MANAGEMENT -3- Restrictions and Covenants 6-18-2009.doc The Obliged Party shall be responsible for the ongoing costs of all storm water management associated with the development in accordance with the Storm Water Management Plan on file with the City of Northampton Department of Public Works. The Obliged Party shall be responsible for full and timely compliance with the Storm Water Management System Operation & Maintenance Plan, as follows: 1) Street Sweeping Street and parking area sweeping shall take place twice annually. 2) Rain Garden Two rain garden/bioretention areas have been incorporated into the stormwater system to remove pollutants within the stormwater runoff. Both the pre-treatment stone diaphragm systems. and bioretention areas should be inspected monthly for sediment build-up, litter and debris, structural damage and standing water. Inspect soil and repair eroded areas within the bioretention systems monthly and re-mulch void areas as needed. Treat diseased vegetation as needed. Remove and replace dead vegetation twice per year (spring and fall). Remove invasive species as needed to prevent them from spreading into the bioretention areas. Replace mulch every two years in the early spring. In the winter, it is important to ensure that snow is not plowed into the rain garden as this will .cause the runoff to bypass the system without proper treatment. 3) Detention Basin (The following recommendations follow the MADEP stormwater Policy guidelines.) Inspections (a) Initial six months of use: Examine for stabilization and function, including determination of the duration of water standing in the basin; any sediment erosion, excessive compaction of soils, or low spots. (b) Twice per year: Examine basin for the following: differential. settlement, cracking, erosion, leakage, or tree growth on embankments, condition of riprap, sediment accumulation, and health of turf where applicable. Any adverse conditions noted during any inspections shall be addressed by repair or reconsideration of design components. Mowing and General Maintenance Occasional mowing (1-2 times per year min.) shall be performed on the side slopes and basin bottom where turf is present. Accumulated grass clippings and/or organic matter and trash and debris shall be removed. Any clogged surface areas can be loosened by deep tilling; tilled areas must be immediately revegetated. Tilling may be used in this manner for no more than two -4- Restrictions and Covenants 6-18-2009.doc consecutive- maintenance periods. Thereafter, sediment in the clogged areas shall be removed, liner material replaced, and revegetation established. Dredging/Sediment Removal Accumulated sediment shall be removed from the basin at five (5) year intervals, or as required to maintain the function of the stormwater management system as designed. During this process and until the disturbed sediment has settled, the outlet pipe shall be sealed so as to minimize the risk of conveying sediment beyond the basin. 4) Grassed Swales Swales shall be mowed at least once per growing season to prevent. establishment of woody growth and other undesirable plants that inhibit proper performance. Grass vegetation should not be cut shorter than 4". It is important not to engage in excessive mowing operations, as this keeps the grass too short and decreases the efficiency of the vegetation to reduce runoff borne sediments and velocities. Sediment and debris shall be removed manually at least once per year before the vegetation is adversely impacted. 5) Hooded Catch Basin and/or Drain Manhole with Sumg Oil and water separators should be inspected at least four times per year and cleaned annually or snore often if required. Oil and sediments should be removed and disposed of in accordance with local, state and federal guidelines and regulations. In the case of an oil or bulk pollutant release, the system must be cleaned immediately following the spill and the proper authorities notified. 6) stormwater Treatment Chambers The stormwater Treatment System requires minimal routine maintenance; however, it is important that the system be properly inspected and cleaned when necessary in order to function at its best. The rate at which the system collects pollutants will depend more heavily on site activities than the size of the unit, e.g. heavy winter sanding will cause the grit chamber to fill more quickly, but regular sweeping will slow accumulation. The water quality treatment system shall consist of Stormceptor or equal treatment chambers. For more detail of how the Stormceptor should be maintained see the Stormceptor Owner Manual. 7) Dry Wells Dry wells basins have been incorporated into the stormwater system for the site to specifically receive roof runoff. Proper maintenance of roof gutters that drain to the system will help to protect the integrity of the infiltration basins. Sediments and debris should be removed and disposed of in accordance with local, state and federal guidelines and regulations. -s- Restrictions and Covenants 6-18-2009.doc The Obliged Party shall inspect the- Drywells annually and repair or replace them as necessary. The Obliged Party shall inspect the screens in the gutters at the top of the downspouts at least twice annually, and clean and/or replace the screens as necessary. The Obliged Party shall inspect the downspout filter baskets at least twice annually, and remove any leaves and debris from the downspout filters. 8) Snow Removal The stormwater management system is designed to accommodate volumes from snow melt. Since plowed snow from paved surface may contain sediment, oils and various pollutants, all snow melt from vehicular areas on the site shall be routed through the drainage system or removed from the site. Snow removed from the site shall be disposed of such that it or its melt will have no adverse effect on other resource areas. Additionally, the Obliged Party shall submit to the Office of Planning and Development annually, no later than November 15th of each year: (1) maintenance reports with documentation on the conditions revealed by all inspections and (2) receipts for all cleaning and work for all items specified in the Inspection and Maintenance Schedule of the Storm Water Management Plan. Each such report shall indicate the status of each element of the Storm Water System covered by the Storm Water Management Plan. The City of Northampton is hereby granted an easement to (a) inspect the Storm Water System and (b) to perform specified maintenance- obligations of the Obliged Party, if the City has notified the Obliged Party in writing that specified maintenance obligations must be performed by a date certain and the Obliged Party has failed to perform such maintenance obligations by such date. SNOW REMOVAL AND MANAGEMENT PLAN Snow shall be stockpiled only in the "Snow Melt Trenches" located adjacent to unit 1 and unit 13, as shown on the snow stockpiling plan (see Attachment ##), and pushed off the parking area between units 6 and 7 and units 14 and 15. No snow shall be dumped or stockpiled directly into any resource area or its buffer zone. The Obliged Party shall contract with a qualified vendor to maintain the pavers over the snow melt trenches, including vacuuming the pores in the pavers as needed. The Obliged Party shall not use salt (sodium chloride) for deicing anywhere on the site. Most commercially-used sand contains up to 20% salt. Ice Ban, Magic Minus Zero, or an equivalent liquid deicing agent, shall be used.for deicing. -6- Restrictions and Covenants 6-18-2009.doc The Conservation Commission and DP1N shall be notified by the ObCiged Party where a violation of these requirements occurs. 35-FOOT WETLAND BUFFER NO DISTURB ZONE The 35-foot buffer zone to the bordering vegetated wetlands shall be a No Disturb Zone. Permanent concrete markers set 2 feet above ground level and spaced no more than 25 feet apart, marking the 35-Foot Wetland Buffer No Disturb Zone must remain in place in perpetuity along the entire length of the 35-foot wetland buffer, except around the detention basin and where landscape retaining walls and a footpath along the 35-foot buffer zone are constructed. No activity, other than walking, birding, or other comparable passive recreational activities shall take place within the No Disturb Zone or the wetland resource area. The Obliged Party shall contract with a qualified person, approved by the Conservation Commission, to annually inspect the 35-foot No Disturb Zone. This person shall provide to the Obliged Party and to the Conservation Commission an annual inspection report of (1) the integrity of the permanent markers, (2) the condition of the No Disturb Zone, including, but not limited to, any encroachment, erosion, destruction of vegetation, dumping of waste of any kind, including lawn clippings and other yard waste, and (3) whether any restoration is required. This report shall be submitted to the Conservation Commission by September 1 of each year. The Obliged Party is solely responsible for the cost of the annual inspection -and report, as well as any restoration deemed required by the Northampton Conservation Commission. The City of Northampton is hereby granted an easement to (a) inspect the 35- Foot No Disturb Zone and (b) to perform any necessary maintenance and/or restoration obligations of the Obliged Party, if the City has notified the responsible party in writing that specified maintenance and/or restoration obligations must be performed by a date certain and the Obliged Party has failed to perform such maintenance and/or restoration obligations by such date. COMMON OPEN SPACE The Obliged Party is forbidden by Condition ## of the Order of Conditions to use any lawn chemicals on the site. An annual acknowledgement of this requirement by the Obliged Party shall be provided to the Conservation Commission by September 1 of each year. The Common areas and any lawn in the Exclusive Use Areas, will be maintained by the Condominium Association. All landscaping debris will either be mulched or disposed of off site. There shall be no work or dumping allowed in the 35-Foot Wetland Buffer No Disturb Zone. There shall be no structures erected in the said zone, and there shall be no structures built in the common areas without the written approval of the Condominium Association. Restrictions and Covenants 6-18-2009.doc °_ ESCROW ACCOUNT The Obliged Party shall deposit in an interest-bearing Escrow Account to assure that the Obliged Party complies fully with its obligations under the Planning Board Decision, the Conservation Commission Order of Conditions, the Stormwater Management Plan, and the 35-Foot Wetland Buffer No Disturb Zone. The City of Northampton (the "City") shall be a co-signer on the account. The funds in the Escrow Account shall be owned by the Condominium Association and interest thereon shall be payable to the Condominium Association once the Condominium is formed; prior to such time the funds will be owned and interest paid to Tofino and Northern. If the City has notified the Obliged Party in writing that specified maintenance, repair, and/or restoration obligations of the Obliged Party under this Declaration and the Planning Board Decision, the Conservation Commission Order of Conditions, the Stormwater Management Plan, and the 35-Foot Wetland Buffer No Disturb Zone must be performed by a date certain and the Obliged Party has failed to perform such maintenance, repair, and/or restoration obligations by such date, the City may expend funds from the said Escrow Account to perform the specified obligations. The City may thereafter assess or bill the Obliged Party for such expenditure in order to replenish and maintain the account at .The Obliged Party shall have ninety (90) days to pay such an assessment and may assess the Unit Owners for their proportionate share of such expenditure. If the Obliged Party fails to pay or reimburse the City for the expenditure within ninety (90) days, the City shall have standing and the right to file an action against the Obliged Party to enforce the assessment, including the right to seek a prejudgment lien or other security for the enforcement of the assessment. ASSESSMENT COLLECTION PROCEDURES The failure of any party to abide by the provisions of this Declaration which affect the Roadway and Sidewalks, the Sewer and Water~Lines, the Stormwater Management System, the 35-Foot No Disturb Zone, and the Common Open Space shall not act to forfeit that party's rights under the easements and rights granted above. However, if a. Unit Owner fails to pay that Unit Owner's said proportionate share of the assessments on the date when due as stated in an assessment issued by the Board of the Condominium Association, as applicable, then such assessment shall become delinquent and shall, together with such interest thereon and the cost of collection thereof, become a continuing lien on the property which shall bind such property in the hands of the then owner(s) and his/her/its successors in record title. The personal obligation of the then owner(s) to pay such assessment, however, shall remain as his/her/its personal obligation and shall not pass to his/her/its successors in record title unless expressly assumed by them. If the delinquent assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of eighteen percent (18°/a) per annum, and the Board of the Condominium Association may bring an action at law against the delinquent Unit Owner or other person personally obligated to pay the same or to foreclose the lien against the property, and there shall be added to -a- Restrictions and Covenants 6-18-2009.doc V fhe 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 include interest on the assessment as above provided and a reasonable attorney's fee to be fixed by the Court together with the costs of the action. The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter placed upon the properties subject to the assessment. The lien provided for herein for payment of assessments may be enforced by sale at public auction of the Unit Owner's premises in accordance with the provisions of M.G.L. Chapter 183A and Chapter 254, Section 5A. The lien sought to be foreclosed shall include the aforesaid interest and legal costs and attorney's fees incurred as a result of the foreclosure proceedings. The Condominium Association Board of Directors shall establish and elect one of their members to the position of Treasurer with respect to the maintenance and repair provisions of this Declaration. Upon request, and within seven (7) days after such request, the said Treasurer shall issue, in a form recordable with the said Registry of Deeds, a Certificate indicating that a Unit Owner is current in the Unit Owner's payment of assessments or, if not, the amount which is currently owed. MISCELLANEOUS PROVISIONS The obligations of a Unit Owner under this Agreement shall continue regardless of whether he or she resides in the Owner's Unit. In order to ensure the continued maintenance, repair, and reconstruction of (Name of Street), the sidewalks, the Sewer and Sewer Lines, the Storm Water System, the 35-Foot No Disturb Zone and the Common Open Space, the rights and obligations established by this Declaration shall run with the fee simple ownership of the Units and the Units shall be conveyed together with and subject to this Declaration, as amended from time to time. The Owners'of the Units may modify any portion of this Declaration by the agreement of seventy-five (75%) percent of the then current Unit Owners (with such modifications to be in writing and recorded with said Registry of Deeds) so long as such modifications do not: (a) materially interfere with: (i) the on-going maintenance of (Name of Street) and the sidewalks in a good and passable condition, (ii) the on-going maintenance of the Sewer and Water Lines in a good and fully-functioning state, or (iii) the on-going maintenance of the Storm Water System in a good and fully-functioning state, or (iv) the ongoing adherence to the 35-Foot No Disturb Zone, or (v) the ongoing maintenance of the Common Open Space; or (b) modify any provision of this Declaration which is required by the Planning Board Decision and Special Permit granted by the City of Northampton. -9- Restrictions and Covenants 6-18-2009.doc (c). modify any provision of this Declaration which is required by the Conservation Commission Order of Conditions granted by the City of Northampton. IN WITNESS WHEREOF TOFINO ASSOCIATES, INC. and NORTHERN AVENUE HOMES, INC., has caused to be affixed hereto and this instrument to be signed and sealed by DOUGLAS A. KOHL, their President and Treasurer, this day of .2009. TOFINO ASSOCIATES, INC. Witness Witness By Douglas A Kohl Its President and Treasurer NORTHERN AVENUE HOMES, INC. sy Douglas A Kohl Its President and Treasurer COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE COUNTY, SS. On this day of 2009, before me, the undersigned notary public, personally appeared DOUGLAS A. KOHL, as President and Treasurer of Tofino Associates, Inc. and Northern Avenue Homes, Inc., proved to me through satisfactory evidence of identification (which was my personal knowledge as to his identity) to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Gloria McPherson, Notary Public My commission expires: 9/4/2009. - io- Restrictions and Covenants 6-18-2009.doc Jun 25 20D9 12:44 City of Northampton DPW (4131 587-1576 p.2 _ _ _ __ TO: Francis .Ifohnson, Chair, Planning Board, Stephen Gilson, Chair FR: James R. Laurila, P.E., City Engineer, . FR: Edward S. Huntley, P.E., Director, BX: David K.. Veleta, P.E., Environmental Engin r, r . • DA: December 5, 2008, May 8, 2009, June 18, 200 RE: File: North Street - 25-Uait Townhouse Condominium Development on Px~ivAte Ways Map ID; 2SC -12 &17 CC: file The Department oi'Public works has reviewed the above refereeced application for the falbwing items: Traffic: Utilities: x Volume & Impact on City Street x Sanitary Sewer x Roadway Capacity x Water x Adequacy of City Road. Construction x Drainage Into City Stormwater System x Site Distances x Capacity of Stormwater Lime x p~~g x Northampton Stormwater Permit x Driveway Openings ~NPDES Phase II Compliance x Other: Private vs. Public Ownership The Deportment of Public Works has the following comments: No Concerns, pro}ect will not have an impact on any items reviewed Traffic Study is required Roadway does not have adequate capacity to handle the additional traffic Roadway is not adequately constructed to Dandle proposed increase in traffic Site Distances are not adequate for proposed project Parking spaces da not meet minimum requirements Parking spaces are too close to driveway opening Driveway openings are not adequate for proposed use _____ Sanitary Sewer line is not adequately sized far proposed use x Sewez line connection is not properly shown -see below Water line is not adequately sized for proposed use x Water line connection is not properly shown -see below City stormwater system is snot adequate to handle increase in drainage ,~ Stormwater system does not meet minimum requirements for reduction of Total. Suspended Solids (TSS) Northampton Starmwater Management Permit has not been approved or candttions for approved permit have not been met x Other Comments: Comments in bold italic rejrect DPW review and response to revised plans dated April 1 A, 2409 and the applicant's Mayl, 2009 response tv DFW comments dated December 3, 2045 DPW regecests that revised plans be submitted prior m any Planning Svard approval, In general, DPW does mot support submission ofrevised plans as a permit cvnditia~. Comments in bold reflect Dl'W review and Response to revised plans.dated Jane 15, 20iI9. North Strcet C,oocbs_ SpPerm_Sibe PB:dac Page 1 of 5 Jun 25.2009 12:44 City of Northampton DPW (4131 587-1576 p.3 General • The Homeowners Association shall be required to provide sewer, water and other utilities to 1 View Avenue and 154 North Street that are not currently p~i`ovided off of North Street and steal! be responsible for those utilities ap to the propertyy line, • The DPW is reviewing these plans under the assumption that this proposed development and its associated ways rare pxivate and will remain private as indicated in the application narrative. The applicant acknowledges that the ways will remain private. Previous comment stands. • If the project is approved, there should be a specific condition in the PB decision requiring that the proposed ways remain private. The City currently plows View Ave. even though it is private. City plowing will be discontinued at an appropriate point if the project is approved and built. Tire applicant accepts this D~'W request for a Pdtznnintg Roatd condilian. Previous comment steads. • How does the applicant propose to resolve the issue of access to and maintenance of exiting public water sewer services in View Ave.? See DPW proposal under Water and Sewer below. The applicant agrees to provide the City with a maintenance and access easement to Clry utilities serving Y mew Avenue and .X S4 ,V©rth Street Previous comment stands. • To ensure quality construction of proposed infrastructure, the DPW requests privatized proj ect inspection and aantrol as outlined in Section 230-53 of the Subdivision regulations. The applicant proposes to provide project engineer oversight only far installation of water and sewer mains rand eonnections on YiewAvenu~ As required by Section 29tt-59 of the Subdrvision Regulations, project inspections and certifrcations shall be made. by a Massachusetts registered P.E.; the engineer or engineer's agent shall provide compliance oversight during the entire construction process; and daily inspectiar: reports shall be submitted to iJie DPW. Previous comment stands. Stormwater • The permit application i$ being reviewed, but comments are contingent on the resutts of Conservation Commission review and determinations. Tire D.PW issued a Storrnwater Management Permit on 5/14/2009. if the pleas and specificatigns for the protect have been revised from those approved as part of the StormR~ater Management Permit issued on SlI4/2009, then prior to issuance of a building permit for the project, the applicant must request and receive from the DPW an .Amendment to the Stormwater 1Vlanagement Permit to reflect the final plans and specifications for the protect. Water • The 4" water tine on View Ave. as shown on L1 is in service and #heie are three existing house services connected to it: 154 hiorth Street, l View Ave and 8 View Ave. 8 View Ave will be demolished if the project moves forward. 154 North. and i View will need to North Skeet Condos SpPecm Site PB.doc Page 2 of 5 Sun 25 2009 12:44 City of Northampton DPW (4131 587-1576 p.4 be connected to the proposed 8" main as well as remain in service thro out construction. The applicant will need to provide easements to the Gity for access and maintenance to these service connections. The DP'W has provided the applicant with tie cards to the existing water service locations. For Y Vew Ave and 154 North Street the existing service locations shall be shown art the Existing Conditions plan and proposed curb stops shall be located at the property line and shown on the and Utility plans. The applicant has agreed to provide the City with an access and maintenance easement for these service connections. Existing water service lines are shown and existing curb stops are proposed to remain. See new, first comment under General regarding ownership of ~utiiities. No easement is required, • The hydrant on North Street near View Ave. connects to the 4" water line on View, not the 6" line on North as shown. A new hydrant stub off ofNorth Street will be installed by the DP~]V in conjunction with the re-paving of North Street in 2009. If the project advances, the existing hydrant on the comer of North St and View can be abandoned once a new hydrant is installed aff the new stub on North Street. The applicant proposes to revise the Existutg Conditions plan. North Street re paving is no longer scheduled for 2009, but the installation of a hydrant stub can be coordinated if the project advances. The existing hydrant has been removed from the Existing Conditions plan, L1. If the project proceeds a new hydrant off North Street will be installed by DP'VV as shown an Utilities plan, L3a. An additional hydrant and valve shall be installed on View Ave..between the proposed isolation valves: The applicant indicates that thus is not applicable to the revised plans based on hyd~anl spacing. The DPW requires a hydrant between the isolation valves on View Avenue for f lashing purposes. A new hydrant whose connection crosses the proposed gravity sewer line is stwowa on the Utilities plan, L3a. The applicant may need to relocate the proposed hydrant to the northeast side of View Avenue in order to avoid a sewer crossing conflict. • Install an 8x8x8 Tee at the proposed interconnection of the new main to North St at View Ave. Move the isolation valve to the View Ave property line, The dpptieant proposes to show this an a revised plan set. All interconnectiotr~ttings sha1C be called out an the p1an~ Addressed. The applicant shall work with the ~'Vater Superintendent to determine if an 8-inch tapping sleeve and valve is more appropriate for this location. • Temporary service cottnectians to 1 1rewAvenue and 1S4 North Street will be required prior to removal of the 4-inch water line and construction of the crew water mains. Flow does the applicant propose to maintain water service to these residences for the duration of construction? iVot addressed, • The proposed isolation valve on the easterly leg of thetriple-gated intersection within the development is not required since the proposed water line no longer loops. Addressed. • Install an 8x$x8 Tee at the proposed interconnection of the new main to North St at the RORt. Move the isolation valve to the RO~iT property line. Install an 8" gate valve along the North Street main on the SW side of the interconnection and 2-8xG reducers to the 6" main. The applicant proposes to show these details on a revised plan set. All Na~th Shezt Condos 5pPerm Site PB.doc Page 3 oft Jun 25 2009 12:45 City of t~ortMampton DPW (4131 X87-iS76 p.S -~- j intercvnraection fittings shall be called out on the ptans. Addressed. • Curb stops far Units 1 & 2 shall beat the property line. The applicant has rammed these Units 22 & 23 and proposes to show this on a revised plan set Addressed. The applicant has renazned these as Units 19 & Z0. • Service taps shall have at least a 5' separation along the water main. The applicant has proposed to review this condition and make the necessary changes on a revised plan set, DPW review~nds that the ~'separatian is rest met for Units 22 c$ 23 orfor the service lap to ilnit 2 front the proposed hydrant tee. Addressed. The water main on Northern Ave, is 8" AC. There is an existing 3/4" copper service tap extending into the Tof'I'ina properly that can possibly be utilized. The applicant will investigate the possible utilization of the existing 3/."service tap. Not addressed. Sewer • The existing sewer services to 1 and S View Avenue and 1 S4 North Street need t4 be shown. It is believed that services for aU three dwellings connect to the North Street main via View Ave. The applicant~~vill need tv provide easements to the City for access and maintenance to the existing gravity sewer laterals that are to remain. The applicant needs to locate the sewer services on Yiew Avenue and show them on the Existing Conditrons Plan. Based on historical gas Xine instaltation excavations, DPW believes that there is a cast iron sewer connection from North Street that runs at least z0 feet into View Avenue adjacent to the easterly curb tine. The applicant has proposed to preserve the existing services if possible or replace them to a new gravity main to North .street if required. If the gravity services need to be replaced a cleanaut for each service shall be Installed at the property Mite of the dwelling being served. The applicant shall provide each affected property owner wide a sewer service access and maintenance agreement Egieting sewer line and connectiaas are shown on the Existing Conditions plane Ll, The applicant proposes to connect the existing sewer services by extension to the proposed gravity main in View Avenue. Cleanauts forthese services shall be installed at the property line. No cleanouts are proposed. All abandoned sewer lines shall be properly plagged and capped. See new, first comment under General regarding ownership of utilities. No easement is required. ~ Move SMH at View AvelNorth St. to property line. Force main entry into this SMH shall be by exterior chimney to the flaw line at the base of manhole as shown on attached DPW detail. The applicant proposes to show this on a revised plan set. The DP~'has provided the applicant and the project engineer with the exterior chimney detail that was riot previously attached. Addressed. The sewer Une on View Avenue hay been changed from force mafn to gravity with the force main transition occurring at SMH #3. • Sewer main depth at end of 1~Torthem Ave, is very shallow (less than 3 feet}. The applicant shall provide force mains from Units 1812 that discharge to exterior chic the SMD per the attached detail. The applicant shall also show profcle and details demonstrating adequate cover and method ofpratecfion fxona freeziag during colc weather. The applicant responded first fire project engineer is considering insul~ ,force mains. Sowever, the pro,~ect engineer indicated that the existing rim to in~ l~Ioarth Street Condos SpPean Site PB.dac Page 4 of _-_ ___ _ Jun 25 2009 12:45 City of Northampton DPW (4131 587-1576 p•6 ufisfance is 5.33}eet earl is suf~cierad to provide gravity sewer to Unity 22 (formerly 1 & 2j. Regardless of method, sewer service connections shall be made into the sewer manhole and the applicant shall show profiles and details demonstrating adequate cover and method of protection from freezing as noted above. Se'v'er vi 1 or. are shown entering the manhole as requested. However, it is not clear if a gra ty farce main sewer is being proposed. If gravity, cleanouts for each service shall br hoe. In either case, details showing Proposed profiles and provided at the property ' methods of cover and frost protection have not been provided as requested. Roadway and Sidewallot DPW suggests that granite curb be provided on the northeast side if View Ave. to be consistent with the remainder of the project. The applicant has proposed granite curb in conjunction with the newt ~e called out os the pia s~ Address d. eW ~nrte curb along View Avenue shoal The bituminous roadway should have .a minimum 2" base course and 2" top course to be consistent with DPW/Subdivision standards. The applicant proposes a Z.S"base course and a 1. S" top course. These dimensions need to be updated on Details 1/L4 and 3/L4. .~ddresaed. • The applicant should provide concrete sidewalks consistent with subdivision material standards. If bituminous sidewalks are approved they should have 1,5" base course and 1.5" top course per DPW standard. The applicant has proposed two 1.5" courses for bituminous sidewalks. These dimensions~need to be updated on Detail2/L4. Addressed for bituminous sidewalks. Details e Water/sewer crossing detail(s) need to be provided_ Alt such crossings shall meet DEP vertical and horizontal separation requsrements• The applicant proposes to show crossing details and add a note regarding DEP locations shown along ~ w,~ convict with et. Tfiere are 3 potential crossing confi waterfsewer services to 1 l~iew Ave and 1 S4 North Street are not show b ut are lekely. Not addressed. No detail or note provided as requested. Crossing conflicts remain for the two hydrants (see ballet #3 of Water comments above regarding one hydrant). • Add exterior chimney drop detail for force main entry into gravity SMH as provided by DPR~. The detail has been provided by DFW and needs to be incorporated into revised plans. Addressed. • Sewer Cleanout MH detail should indicate 2", 2.5" or 3" as force main possibilities since size transitions occur within these structures. The applicant.proposes to show this on a revised plan set Addressed. North Street Condus_ SpPetm_5ite PS.doc Page 5 Of 5 TOFINO ASSOCIATES, INC. NORTHERN AVENUE HOMES, INC. (413)256-0321 31 Campus Plaza Road, Hadley, MA 01035 Northampton Planning Board City Hall 212 Main Street Northampton, MA 01060 RE: North Street Condominiums Map 25C, Parcels 12 & 17 Dear Members of the Planning Board, We are writing to request a reduction in the proposed Traffic Mitigation fee for the North Street condominium project. As originally proposed, the project involved the construction of 25 units. The current plan reduces the total number of residential units to 20. As documented in Fuss & O'Neill's June 23, 2009 letter, this reduction in the number of dwelling units will result in a reduction in the number of vehicle trips associated with the project. According to Fuss & O'Neill, Weekday PM Peak hour trips will be reduced from 19 to 16, Original to Current Plan, respectively. We therefore request a reduction in the Traffic Mitigation fee from $19,000 to $16,000 based on the City's formula of $1,000 for every Weekday PM Peak trip. Thanks, in advance, for your prompt consideration of our request. Sincerely, ~~ ouglas A. Kohl, Preside Tofino Associates, Inc. Northern Avenue Homes, Inc FUSS sL O'NEILL Disciplines to Deliver June 23, 2009 Gloria. McPherson, Project Manager Kohl Construction 31 Campus Plaza Rd Hadley, MA 01035 Re: North Street Traffic Study Changes in Traffic Generation Dear Ms. McPherson: We have estimated the change in trip generation for the Condo project on North Street in Northampton based on proposed changes in the number of residential units and site plan layout. The current plan reduces the total number of residential townhouse units to 20 compared to the original plan for 25 units. This reduction in the number of dwelling units with its associated lessening of the numbers of residents, vehicles owned, visitors, services, and deliveries, will result in a reduction by approximately 20% in the number of vehicle trips accessing the site, as shown in Table 1 below. Table 1 Trip Generation Comparison At North Street Condos Time Period Original Plan Current Plan Weekday 24-hour: Entering 99 82 Exiting 99 82 Total 198 164 78 Interstate Drive West Springfield, n-IA Weekday AM Peak hour: olos9 Entering 3 2 Exiting 14 12 t (413) 452-0445 Total 17 14 (800)' 286-2469 f (413) 846-0497 www.PandO.com Weekday PM Peak hour: Entering 13 11 Corae~te„t Exiting 6 5 AlnsmiGt~.retta Total 19 16 ~Ve,u 1 o,;G It/iode Irlnnd Sor~th Cnrolinn . F:\P2008\1193\A10\Traffic\Revised Trip Gen\tripgen change.doc Comes. (MA) FUSS & O'NEILL Gloria McPherson June 23, 2009 Page 2 of 2 Due to the reduced traffic activity associated with the smaller project, the impact analysis as presented in our Traffic Impact Study for the North Street Condos dated October 14, 2008 is assumed to be conservative and the revised plan does not alter the conclusions of the original study. If you have any questions on the above, please don't hesitate to give me a call Sincerely, .__/~-- Step J. Bavaria, P.E. Senior Project Manager c: Doug Kohl, Carolyn Misch ~ F:\P2008\1193\A]0\Traffic\RevisedTrip Gen\tripgen change.doc Cones. (MA) o < ~ m a~ 0 ~ ~ o m C7 p o m ~ ~ m ~ n. ~ v .-. o ~' ~ o ~- .-~. ~• z ~ o `. ~. C~ (D fD N N w cn rn v ;:;; , n ~t r O ~ Y. '' '-i ~ o r~ ' • r m~ Z Z ~ ~ iv N o ~ o m 3 rn < o ~ Q ~ ~ ~m ~ ~ma cn = ~ ~ ~ m m O o oy ~ ~ rt ~ ~ ~ ° ~ Q" ~ ~ v c ~ O ~ m o ~ ~ ~ Z ~ ~ o ~ ~ N ~- Zv <~ o~, ~ mo ~ ~ ~ D Q- ~ _ ~ v o ~ ~ ~ N v Q. O m z rn ~ rn o =~ iw c ~ ~ ~ ~ Cfl <3l CO rt C Z ~ ~ N ~ W ,~ ~ 3 ~ D ~ =~ ~ ~ ~ m N cis, o cC°s~ s ~ ~ N rt .=-e' 3 O C crt G e-+- Q N Z_ --I 2 rn rn --~ C~ Z 0 Z_ C m z C d~ d~ ~~ o b~ o ~ o ~~ ~ ~ ~ ~ d[ o~ ~ ~ ~ ~~ ~~ ~ . ~ ~ ° o~ ~ z o ~ ~ o ~ ~ ~' ~ ~ t7 7y r' d o ~ ~ o ~ ~ ~ ~'; ~ ~ ~ ~ ~ ~ ~ ~o ~o ~~o rte, z ~~ ~~ ~~~ x ~ ~ ~ ~ ~ y x x ~ ~ ~ ~ o ~ ~ a H 7~ ~o~ o~~ o z~~z ~ o ~ ao ° ~ d ~. ~~ ~Z ~o~ ~~m x ~~ n d ~ ~ °o ~ ~ ° ~.~ o ~ 1 r . r i w ~ Z -~ Q ~ O .~ ^ = z m 0 Q ^z y Q D H O Q ~ rn C1 ~- Z ~c ~ rn rn Q = N ~ ~ . Z Y w H (~ o ~- °' z n rn X m v c -~ m X r_ 2 ~_ ~ Z C ~ H CDC 2 rn ~,, D o c ~ rn FUSS & O'NEILL Disciplines to Deliver June 23, 2009 Gloria. McPherson, Project Manager Kohl Construction 31 Campus Plaza Rd Hadley, MA 01035 Re: North Street Traffic Study Changes in Traffic Generation Dear Ms. McPherson:' We have estimated the change in trip generation for the Condo project on North Street in Northampton based on proposed changes in the number of residential units and site plan layout. The current plan reduces the total number of residential townhouse units to 20 compared to the original plan fox 25 units. This reduction in the number of dwelling units with its associated lessening of the numbers of residents, vehicles owned, visitors, services, and deliveries, will result in a reduction by approximately 20% ir1 the number of vehicle trips accessing the site, as shown in Table 1 below. Table 1 Trip Generation Comparison At North Street Condos 78 Interstate Drive West Springfield, MA 01089 t (413) 452-0445 (800) 286-2469 f (413) 846-0497 www.rando.eom COILIlP.Ctlc't/t Alnssnc•Gnsetts 1\rel1~ 1 nl~; Iiliode Is/nnd Soldh Cnroliun Time Period Original Plan Current Plan Weekday 24-hour: Entering 99 82 Exiting 99 82 Total 198 164 Weekday AM Peak hour: Entering 3 2 Exiting 14 12 Total 17 14 Weekday PM Peak hour: Entering 13 11 Exiting _ 6 5 Total 19 16 F:\P2008\1193\A10\Traffic\Revised Trip Gen\tripgen change.doc Comes. (MA)