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31C-017 Village at Hospital Hill memorandumMEMORANDUM T0: .Mayor Claire Higgins Wayne Feiden, AICP, Director of Planning and Development Carolyn Misch, AICP, Senior Land Use Planner/Permits Manager FR: Richard Henderson, Executive Vice President for Real Estate Robert Kaye, Senior Vice President for Planning and Development Beth Murphy, Vice President for Planning and Development Hannah L. Kitson, Esq. RE: Traffic Mitigation Obligations of Hospital Hill Development LLC for the development of Village Hill, Northampton _ DA: 19 December 2007 As requested during our telephone conversation, this memo ~obligafrons of Hospital HiII Dev l ent L ~ sets forth the tr. aff c .mitigation e opm L C under the Special Permit dated September 26, 2002, as amended by the Amendment to Special Permit dated Au ust 3 2007 g , (collectively referred to herein as the "Special Permit") and the mechanisms currently in place to ensure the performance of su h bli c o gations. The Special Permit imposed the following traffic mitigation upon Hospital Hill Development LLC ("HHD") as the developer of a orti f th p on o e Northampton State Hospital site. Mitigation Required Development Threshold Proposed Amendment to Development Threshold Cross-country multi-use trail from Prior to ls` Certificate of Occupancy Earle Street to the road in the for the Project Amend to change to first temporary southern campus shall be certificate of occupancy for the constructed upper south campus Bike path crossing Route 66, with Prior to 15~ COO for the first 10;000 curb cut and striping connecting to sf on North Side of Route 66 Confirm that thermosplastic northerly side of Phase 1 residential ' stripped crosswalk on Route 66 develo went satisfies this requirement Construction of bike path along Prior to 15~ COO for the first 80,000 Ridge Road (South Campus Road) sf of Building construction Upon the completion of South to Route 66 Campus Road or first certificate of occupancy for upper south Construction of sidewallcs along Prior to 15` COO for the first Earle Street from Route 66 to Grove 100,000 sf of building construction cam us u Street agreement remove requirement as MassHighway is doing Earle Street construction not Hospital Hill IlMassdevelopment:comlmdfalBosGroupslLegalWOH0lMemo to Higgins re Mitigation Required ~ Development Threshold Proposed Amendment to Development Threshold Earle Street, Texas Road, Grove Final COO on lst commercial Upon execution of cost overruns Street Improvements. Includes building agreement, remove requirement removal of rail abutments ~ ~ as MassHighway is now responsible for this work and the contract has one out to bid. Construction of sidewalks along Prior to issuance of building permit Amend timing to be coordinated Laurel Street~frorim Route 66 to for the 60a` residential unit with DPW as to the appropriate Grove Street and on Grove Street time(s) for construction given the from Laurel Street to Earle Street road reconstruction for Earle Street, Grove Street, and/or Laurel Street . Traffic Demand Management Upon certifcate of occupancy of Amendment of Special Permit first commercial building in Phase I 'provided that, during the • Designation of on-site traffic development phase of the Project, . coordinator to disseminate the designation of on-site traffic information on public transit, ~ coordinator is satisfied.by the - - ~coorclinate-ride shat-ing- -- - ~ ~ -~ - ~~ ° designation-by-I~o'spita~l I3ii1-nf an- services, guaranteed ride ~ individual who will have home, siting of bike racks responsibility to serve as a traffic and transit stops, research zip coordinator but. who may not be car program feasibility, located on site during the determine carpool/vanpool; development phase. . preferred parking spaces, and park & ride spaces. • One carpool parking space • A minimum of~4 carpool parking spaces (which can be A certificate of occupancy for first . tb be designated on Lot 12A concurrently with the relocated within the complex commercial buildin g issuance of a certificate.of as .development proceeds) occupancy. • Pay a minimum of $5000 to Annually upon issuance of the • Three carpool parking the Rt9TMA or successor in certificate of occupancy for the first spaces to be designated interest; commercial building in Phase 1 upon issuance of a • Monitoring of traffic Six months after the issuance of the certificate of occupancy for the first building'on the throughout Planned Village certificate of occupancy .of first upper south campus. and at Earle/Rt. 10 commercial building in Phase 1. , intersection (in accordance Annually thereafter with reports with details identified in sent to the Office of Planning. and Appendix C of supplemental Development filing of Special Permit Application) • Employee Survey to evaluate Six months after the issuance of the carsharing, carpooling, certificate of occupancy for the first bicycling and other traffic commercial building in Phase 1, reduction programs annually thereafter (can be part of TMA services) except for the ~onstrucnon or siaewall{s along Laurel street from 1Zoute 66 to Grove Street and on Grove Street from Laurel Street to Earle Street, the traffic mitigation required under the Special Permit is triggered by commercial development at Village Hill. As noted in the third column of the above-table, HHD is proposing some amendments to the development thresholds ~~ ~ ~~~~ ~~~~ _~ ~~. ;~ IlMassdevelopment.comlmdfalBosGroupslLegalWOH0lMemo to Higgins re Tra~cMitigation Requirements.doc -2- given the current state of development at Village Hill. Beth Murphy and our outside counsel, . Craig Brown, have met with Wayne and Carolyn regarding such amendments and the proposed amendments reflect that conversation. As part of the. approval in January, 2004 of the' definitive subdivision plan for the construction of Village Hill Road and South Campus Road and the related infrastructure, including stormwater drainage facilities, Hospital Hill Development subjected all of its property on the North Campus and South Campus to certain covenants, restrictions and conditions set forth in a Declaration of Covenants; Restrictions, Maintenance and Easement Agreement ("Declaration") for each campus. The Village at Hospital Hill-North Declaration of ~ Covenants, Restrictions, Maintenance and Easement Agreement is recorded at the Hampshire County Registry of Deeds in Book 8024, Page 258 ("North Declaration"). The Village at Hospital Hill-South Declaration of Covenants, Restrictions, Maintenance and Easement Agreement is recorded at the Hampshire County Registry of Deeds in Book 8024, Page 258 ("South Declaration"). Each Declaration provides that all commercial building owners and tenants must pay membership dues to each landowner's association to contribute to membership in the Route 9 Transportation Management Association as required by the Conditions 8 and 15 of the Special Permit. Furthermore, the amendment of each Declaration in September, 2006 (which are .recorded in the Hampshire ._ .. ~~ ~ Court 1Zeistr of Deecls~ added trans ortation demand mana ement "TDM" rovisions. The ty g Y ) p g ( )p TDM provisions~mirror the TDM~program set forth in the Section 61 Findings required under the MEPA FEIR Certificate. The TDM provisions in the Declaration are the following: Transportation Demand Management. Hospital Hill Development LLC and the Landowner's Association for the applicable campus (the "Association") have committed to a comprehensive Transportation Demand Management ("TDM") program, intended to reduce trip generation by The Village at Hospital Hill. The Association shall be responsible for performing the following elements of the TDM program, at its own cost .and expense, effective as of January 1, 2006 unless another date. is specified herein: (i). TMA Membership The Association will become a member of .the Route 9 Transportation Management Association ("TMA") or other such transportation management association if the TMA ceases to exist. The Association will .require all Commercial Building owners and all commercial tenants; through membership dues paid to the Association; to contribute membership dues toward 'the TMA. The minimum~annual contribution to such TMA shall be $2,500.00 per year in the aggregate upon issuance of a Certificate of Occupancy for the first Commercial Building. As a member of the TMA, 'the Association will coordinate strategies and programs offered by the TIv1A including, without limitation, the following: • Participation in area transportation events such as the Transportation Fair, Bicycle Commute Week and other promotional events offered .by the TMA; • Production and dissemination of TMA marketing materials and newsletters; • Links to TMA's web site; • Completion of employee surveys; • Participation in transportation coordinator training; • Participation in the guaranteed ride-home program; • Participation in ride matching programs; and • Commuter Choice benefits. (ii) On-Site Transportation Coordinator The Association will encourage commercial Lot Owners to identify on-site franslsortation noordinators to ~oversee'the promotion and. implementation of TD1VI programs and to serve ~as the chief liaison with the TMA and with building employees and state and city agencies, as required. (iii) Public Transportation Marketing Information The Association will include information- on public transportation alternatives available at various .locations on the Property, including in commercial and residential areas and other public places. The Association will include information related to public transportation in lease/sales information for prospective tenants, and will encourage owners and their tenants to include such information in their owners/employee orientation material. (iv) Carpool/Vanpool Program The Association will provide all employers within The Village at Hospital Hill with information for dissemination to employees regarding the services offered by the TMA and CARAVAN for Commuters. (v) Preferential Parking for Carpools and Vanpools The Association will designate a limited number of parking spaces in convenient locations within all commercial parking lots to be reserved for carpools and vanpools for employees at the Property. (vi) On-Site Public Transportation Pass Sales The Association will encourage employers to make public transportation passes available to employees. The Association will also work with on-site retailers to make public transportation passes available through retail outlets located on the Property. These efforts will be coordinated through the TMA. (vii) Guaranteed-Ride-Home Program The TMA provides aguaranteed-ride-home program for TMA members. The Association will work with employers to implement a guaranteed ride-home program that will serve to facilitate the use of carpool and vanpool services by employees of the development. Through the participation of their employers in the TMA, employees who choose to vanpool or carpool will have access to the TMA's program assuring that a ride home will be provided should they have to return home for personal or work-related reasons. (viii) Bicycle Storage Secure on-site bicycle storage will be provided for employees of the Property. In addition, the Association will encourage commercial tenants and owners of Commercial Buildings to include. on-site sho~yer. aid locked .facilities ta_ encourage.. the use of bicycles by employees ~of the development. The Association will also distribute to its commercial tenants information related to the Pioneer Valley Transit Authority ("PVTA") "Rack and Roll" program, which allows commuters to utilize both bicycle and public transportation as a means of commuting to work. Secure bicycle racks and/or storage lockers will be provided at convenient locations proximate to employment centers on the Property. (ix) Public Tran~ortation Connections to the Property The Village at Hospital Hill is situated approximately one mile from the nearest PVTA bus stop, which is located at the Academy of Music in downtown Northampton. The Association, through Lot .Owner membership in the TMA, will work with. the PVTA to determine the feasibility of including The Village at Hospital Hill as a stop on the regional transit routes currently serving the area. As future commercial and residential development of the Property proceeds and a critical mass of potential public transportation users is formed, the Association will work with the TMA and the PVTA to integrate the development into the PVTA bus system. As an interim measure to link the development to public transportation service currently available in-the downtown area of Northampton, the Association will work with the City of Northampton and the TMA to provide a shuttle service between the development and the PVTA hub in downtown Northampton at the Academy of Music. The costs associated with this service will be determined by the TMA in consultation with the Association and may be integrated into the TMA membership fees assessed to the development and other participants that use the shuttle service. (x) Support for Car Sharing The Association will work with the TMA to evaluate the feasibility of providing a Zipcar car-sharing program as part of the planned development. (xi) On-Site Banking Services The Association will work with employers within The Village at Hospital Hill to implement a direct deposit program for employee paychecks and reimbursements in order to reduce off-site automobile trips. In addition, the Association will attempt to locate automatic teller machine(s) within the Property. (xii) Additional On-Site Amenities The Association will work with the City, and area businesses to provide an on-site dry cleaning pick-up service for the residents and businesses within the community. This service can be offered via a central location within the development or a mobile pick-up service. By making the TDM program part. of the .Declaration, _HHD_,. has ,created.. a.., structure :fo.~ .the. .. . continuance of the TDM program once the development of the site is completed and HHD no longer has an interest in any land therein. A copy of the recorded amendments to each Declaration are attached hereto as Attachment A and Attachment B for your records. 5 ATTACHMENT A Village at Hospital Hill--North Amendment to Declaration of Covenants, Restrictions, Maintenance and Easement Agreement Bk: 09016 Pg: 215 ~~Illllulllll III V I ICI II k II IIII~III~ __ _.. j 8k: Bo18Pg: 216 Page; 1 of 37 VILLAGE AT HOSPITAL HILL -NORTH Recorded: ov2~r2oo7 11;5a AM AMENDMENT TO DECLAR.A.TION OF COVENANTS, RESTRICTIONS MAINTENANCE AND EASEMENT AGREEMENT This Amendment to Declaration of Covenants, Restrictions, Maintenance and Easement Agreement (the "Amendment") is made on this 22nd day of September, 2006 by HOSPITAL HILL DEVELOPMENT LLC, c/o Massachusetts Development Finance Agency, 160 Federal Street, Boston, Massachusetts 02110 ("Grantor"). WHEREAS, Grantor is the owner of certain real estate on Route 66, Prince Street and Earle Street in Northampton, Hampshire County, Massachusetts (the "Property"}, as shown on the Plan entitled THE VILLAGE AT HOSPITAL HILL, PHASE ONE DEFINITIVE SUBDIVISION, NORTHAMPTON, MASSACHUSETTS, dated November 20, 2003, Revised: January 22, 2044, Revised: February 23, 2004 (Sheets 1- 35), Revised Apri130, 2004 (Sheet 36), prepared by Beals and Thomas, Inc., 144 Turnpike Road, Southborough, MA 01772, and recorded with Hampshire.Registry of .Deeds=in-Plan Book-202; Page75~-and-as-i~t rnay-be-~revi~sed~-from-time-to-time-showing-- - - - -~- = ------ Lots 1 through 12; . WHEREAS, Grantor subjected the north campus of the Property (i.e., Parcel Numbers 13,14, 15,.16, 17,18, 19, 20, A and B) (the "North Campus").to covenants contained in that certain Declaration of Covenants, Restrictions, Maintenance and Easement Agreement, dated as of October 8, 2004, recorded at the Hampshire Registry of Deeds on October 1S, 2004 at Book 8024, Page 275 (the "Declaration"}; WHEREAS, Grantor created the Village at Hospital Hill~North Association (the "Association"), an association of the owners of individual lots. comprising the North Campus; ' WHEREAS, .pursuant to Massachusetts General Laws Chapter 30, Section 61, the Grantor reviewed the environmental impacts of the Village at Hospital Hill .and prepared "Section 61 Findings for the Village at Hospital Hi11" (EOEA No.12629) (the "Findings"), which Findings are attached hereto as Exhibit C; WHEREAS, the Findings summarize the mitigation measures that shall be taken to minimize khe environmental impacts of the Village at Hospital Hill project (the "Mitigation Measures"); WHEREAS, the Findings contemplate that certain Mitigation Measures maybe performed by either the Grantor or the Association, and it is the intention of the parties hereto that in all such instances, the Mitigation Measures shall be performed by the Association and not by the Grantor; -1- \\M'assdevelopment.com\mdfa\BosGroups\Legal\NOHO\Amendment to Restrictions for North Campus.v2.doc . Bk: 09016 Pg: 216 WHEREAS, the Grantor desires to amend the Declaration to describe the Association's required Mitigation Measures; and WHEREAS, the Grantor desires to make certain other amendments and clarifications to the Declaration, as set forth herein. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby amend the Declaration as follows: 1. Use of Roadway Easement. The second sentence of .Article III, Section 1(C) is hereby amended by adding the words "through the Association" after the words "joint obligation of Lot Owners." 2. Maintenance of Culverts and Detention Areas. Article III, Section 1(E) is hereby ' deleted in its entirety and the following shall be substituted therefor: • Each Lot Owner, through the Association, shall in proportion to the .. _ .percentage..interestset_fotth-in Exhibit A;-as the-same-ma-y-be-amended-from - ~ -- -~ time to time, share in the cost of the maintenance and repair of any stormwater facilities on the Property {until and unless any of the same are accepted by the ' City o~Northampton), including, without limitation, culverts, piping, ' manholes, catch basins and detention areas, whether or not such Lot Owner has constructed a building and. whether or not the stormwater facility is - located on any Lot Owner's property ..~_.-__~.~......,,~.___~. ~...~_ -, __...,_..~~____...._~,~ -._.,.~,.,,~~.., • The Association has developed an Operation and Maintenance Plan for the maintenance and repair of commonly held culverts and detention areas, which plan is attached hereto as Exhibit D (the "Stormwater Management. Plan"). The Association has provided a copy of the Stornlwater Management Plan to the City of Northampton Office of Planning and Development. Any. amendments to the Stormwater Plan shall be conducted in-accordance with.the . rules and regulations of the Northampton Office of Planning and Development. The Association shall maintain all stormwater facilities and detention areas (unless and until they are accepted by the City of Northampton) in such a manner so as to be in compliance with (a} Section 2.3.2 of the Findings; and - (b) the Stormwater Management Plan. This maintenance responsibility ' ~ includes, without limitation, the obligation to (i) clean all deep-sump, hooded • catch basins at least once a year; (ii} remove sediment within forebays if more than one-third~full; (iii) inspect detention facilities after all storms with greater than 0.5 inches of rainfall; (iv) remove debris fram detention facilities a$er all storms with greater than 0.5 inches of rainfall; (v) mow vegetated areas according to Best Management Practices ("BMPs") at least twice per year and remove woody vegetation; (vi) keep records of inspection and maintenance -2- \1Massdevelopment.com\mdfa\BosGroups\Legal\NOHO~A.mendment to Restrictions for . North Campus.v2.doc Bk: 09016 Pg: 217 activities including date and ,description of activities performed; (vii) repair or replace any structures found to be functioning improperly according to BMPs. 4. Maintenance of Roads, Parking Lots and Uti]ities. Article III, Section 1 is hereby amended by adding the following new subsection (F) to the end thereof: F. Maintenance of Roads, Parking Lots and Utilities. The Lot Owners, through the Association, shall in proportion to the percentage interests set forth in Exhibit A, as the same maybe amended from time to time, share in the cost of {i) the maintenance, repair and improvement of Road A; {iii) all shared pazking areas (if any); and (iii) all utilities out of the right of way. As set forth elsewhere in this Declazation, such maintenance, repaix and improvement obligation shall include, without limitation, snow removal and street sweeping four times per year, grass cutting and other landscaping, and lighting (including provision of electricity). The Association is responsible for all sidewalks and paved walkways bordering and within the open space. 5. Transportation Demand Management. Article III, Section 1 is hereby amended by adding the following new subsection (G) to the end thereof G. Transportation Demand Management. The Grantor and the Association have committed to a comprehensive Transportation Demand Management _ ("TDM") pogrom, ntended•to reduce trip generation,by_The pillage at „~,~.,~,,,.;,,;,.,.w,,.~.,,,,.. Hospital Hill. The Association shall be responsible for•performing the following elements of the TDM program, at its own cost and expense, • effective as of January 1, 2006 unless another date is specified herein: (i) TMA Membershit~ The Association will become a member of the Route 9~Transportation Management Association ("TMA") or other such transportation . management association if the TMA ceases to exist. The Association will require all Commercial Building owners and all commercial tenants, through membership dues paid to the Association, to contribute membership dues towazd~the TMA. The minimum annual contribution to such TMA shall be $2,500,00 per year in the aggregate upon issuance of a Certificate of Occupancy for the first Commercial Building. As a member of the TMA, the Association will coordinate strategies and programs offered by the TMA including, without limitation, the following: • Participation in area transportation events such as the Transportation Fair, Bicycle Commute Week and other promotional events offered by the TMA; -3- \1Massdevelopment.comlmdfa\BosGroups\Legal\NOHO\Amendment to Restrictions for North Campus.v2.doc Bk: 09016 Pg: 218 • Production and dissemination of TMA marketing materials and newsletters; • Links to TMA's web site; • Completion of employee surveys; • Participation in transportation coordinator training; • Participation in the guaranteedride-home program; • Participation in ride matching programs; and • Commuter Choice benefits. (ii) On-Site Transportation Coordinator The Association will encourage commercial Lot Owners to identify on- site transportation coordinators to oversee the promotio_n_and_, ......_... .. impTeriientafion ofTDMprograms and to serve as the chief liaison with the TMA and with building employees and state and city agencies, as required. (iii) Public Transportation MarketingInformation The Association will include information on public transportation ~ ~ --~ ~- --~~- -~ •---___,.._,. _ . . alternatives available at various locations on the Property, including in commercial and residential areas and other public places. The Association will include information related to public transportation in lease/sales information for prospective tenants, and will encourage owners and their . tenants to include such information in their owners/employee orientation material. (iv) Carpool/Vanpool Program The Association will provide all employers within The Village at Hospital x Hill with information for dissemination to employees regarding the _ services offered by the TMA and CARAVAN. for Commuters. (v) Preferential Parkin foa r Carpools and Vanpools The Association will designate a limited number of pazking spaces in convenient locations within all commercial parking lots to be reserved for carpools and vanpools for employees afi the Property. (yi) Cm-Site Public Transportation Pass Sales -4- \\Massdevelopment.com\mdfa\BosGroups\I,ega11NOH4\Amendment to Restrictions for North Campus.v2.doc Bk: 09016 Pg: 219 The Association will encourage employers to make public transportation passes available to employees. The Association will also work with on- site retailers to make public transportation passes available through retail outlets located on the Property. These efforts will be'coordinated through the TMA. (vii) Guaranteed=Ride-Home Program The TMA provides aguaranteed-ride-home program for TMA members. The Association will work with employers to implement a guaranteed ride-home program that will serve to facilitate the use of carpool and vanpool services by employees of the development. Through the participation of their employers in the TMA, employees who choose to vanpool or carpool will have access to the TMA's program assuring that a ride home will be provided should they have to return home for personal or work-related reasons. (viii} Bicycle Storage Secure on-site bicycle storage will be provided for employees of the Property. In addition, the Association will encourage commercial tenants and owners of Commercial Buildings to include on-site shower and locker facilities to encourage the use of bicycles by employees of the development. The Association will also distribute to its commercial tenants information related to the Pioneer Valley Transit Authority __ _ _ . ("PVTA") "Rack and Roll" program, which allows commuters to utilize both bicycle and public transportation as a means of commuting to work. Secure bicycle racks and/or storage lockers will be provided at convenient locations proximate to employment centers on the Property. (ix) Public Transportation Connections to the Property The Village at Hospital dill is situated approximately one mile from the nearest PVTA bus stop, which is located at the Academy of Music in downtown Northampton. The Association, through Lot Owner membership in the TMA, will work with the PVTA to determine the feasibility of including The Village at Hospital Hill as a'stop on the regional transit routes currertly serving the area. As future commercial and residential development of the Property proceeds and a critical mass of potential public transportation users is formed, the Association will work with the TMA and the PVTA to integrate the development into the PVTA bus system. As an interim measure to link the development to public transportation service currently available in the downtown area of Northampton,~the Association will work with the City of Northampton and the TMA to provide a shuttle service~between the development and the PVTA hub in downtown Northampton at the Academy of Music. The -5- 1~Ivlassdevelopment.com~nidfa~BosGroups~I.ega11NOH0>Amendment to. Restrictions for North Campus.v2.doc Bk: 09016 Pg: 220 costs associated with this service will be determined by the TMA in consultation with the Association and may be integrated into the TMA membership fees assessed to the development and other participants that use the shuttle service. (x) Support for Car Sharing The Association will work wi#h the TMA to evaluate the feasibility of providing a Zipcar car-sharing program as part of the planned development. (xi) On-Site Banking Services The Association will work with employers within The Village at Hospital Hill to implement a direct deposit program for employee paychecks and reimbursements in order to reduce off-site automobile trips. In addition, the Association wYll attempt to locate automatic teller machines} within the Property. • {xii} Additional On-Site Amenities The Association will work with the City, and area businesses to provide an on-site dry cleaning pick-up service for the residents and businesses within the community. This service can be offered via a central location within the development or a mobile pick-up,service,,~,.,.__,,,,:. ,~,,, _,_,~,.,,,,..,_ .. _ .~,___~.:_.._.._.....__..........V:._..,..~.%.,.,~. 6, Indemnification. Article III, Section 1 is hereby amended by adding the following new paragraph H to the end thereof H, Indemnification. To the fullest extent permitted by law, the Association shall protect, defend, indemnify, and save harmless Grantor.frozn and against any and all liabilities, obligations, damages, penalties, claims, causes of action, costs, charges and expenses, including, without limitation, all reasonable attbrney's fees and expenses, which maybe imposed upon or incurred by or asserted against. Grantor as a result of or arising out of the performance of the Mitigation Measures set forth herein, or any failure to perform the Mitigation Measures set forth herein, or any negligent act or willful misconduct by the Association or any of its agents, contractors, or employees arising out of or related to the Mibigation Measures. 7. Utilitv Lines. Article III, Section 2(0) is hereby amended by adding the following sentence at the end of said section: The Association shall bear full responsibility for the cost, maintenance and repair of alI utility lines that are not owned or accepted by the City of -6- 11Massdevelopment.com~rndfa\BosCrroupslLegal~NOH01Amendment to Restrictions for North Campus.v2.doc Bk: 09016 Pg: 221 Northampton, and that are not located on any individual Lot Owner's property. 8. Ratification of Declaration. Except as specifically amended by this Amendment, the Declaration is hereby ratified and confirmed. 9. Construction of Law. This Amendment shall be construed and enforced in accordance with the laws and decisions of the Commonwealth of Massachusetts. Any detennination• of invalidity or unenforceability of any provision of this Amendment shall not affect the validity or enforceability of the remaining provisions of this Amendment or the Declaration. 10. Exhibits. Exhibit C (the Findings) and Exhibit D (Stormwater Management Plan) attached to this Amendment shall be made a part of theDeclaration for all purposes. 11. Capitalized Terms. Unless otherwise defined herein, all capitalized terrns~used in this Amendment shall have the meanings ascribed to them. in the Declaration. 12. a ~tions. The captions herein are inserted only as a matter of convenience, and for reference, and in no way define, limit or describe the scope of this Amendment nor . the intent of any provision hereof. 13. Terms of Amendment to' Control. In the event of any conflict between the terms of this Amendment and the terms of th.e Declaration, the terms of the Amendment shall prevail. 14. Covenants Running with the Land. The covenants and agreements created hereby are intended to be, and shall be deemed to be, covenants running with the land and are not personal to any individual party and shall be deemed to both benefit and burden the . Property, in the manner provided herein. F [remainder of page is intentionally blank] -7- \\Massdevelopment.com\mdfa\BosGroups\Legal\NOHO\Amendment to Restrictions for North Campus:v2.doc Bk: 09016 Fg: 222 Executed under seal as of the date first set forth above. HOSPITAL HILL DEVELOPMENT, LLC By: Massachusetts Development Finance Agency, its Manager B ~~ y~ ame: Richard Henderson Its: Executive Vice President for Real Estate Duly Authorized ' ' By signing below, The Community Builders; Inc. hereby consents to the Amendment: THE COMMUNITYBUILDERS, INC. By: Nam . ~d~ /~c .g-N.<-~ Its: Vp~,~;~•z~d ~~~,~ Uit1c~ art1~~N,il ~~-e- ,~- -s- \\Massdevelopment.com~mdfa\BosGroups\Legal\NOHO\Amendment to Restrictions for North Campus.v2.doc Bk: 09016 Pg: 223 Ezhibit C Section 61 findings See attached document ~ -9- \1Massdevelopment.comlmdfalBosGroups\Legal\NOH01Amendmerit to Restrictions for North Campus.v2.doc Bk: 09016 Pg: 224 SIrCTION 61 FINDING PROJECT NAME The Village at Hospital tilil PROJECT MUNICIPALITY Northampton PROJECT WATERSHED Connecticut EOEA NUMBER 12629 PROJECT PROPONENT MassDevelopment and The Community Builders, Inc, (a,ka. Hospital Hill Development, LLC) I.Q. ' ~ PROJECT DESCi21P7'lON 1,1 ProjectProponenf This project is being conducted by MassDeveiopment and The Comm ty_tiuilders,-Ins -- - -- - -----~-~(FC-B~I):=Fogeth~er MassDeveiopmeni anTTC61 are carrying out the project as Hospital Hill Development, LLC (HHD). MassDevelopment is the Managing. Member of HHD. This Section 61 Finding is being executed by MassDeveiopment, pursuant to its responsibilities' as a State Agency under Mass. General Laws Chapter 30, Sectlan 61. Findings of impacts and cornmi#ments to mitigation herein are made by MassDevelopment, acting on behalf of HHQ, which is obligated to carry out the mitigation. ' 1.2 Site Description The project is the redevelopment of the former Northampton State Hospital (NSH). The project site is a hill west of downtown Northampton. The Mill River separates the site from . the downtown Northampton area. The project site is traversed by Route ti6. The area south of Route"6t, referred to as the South Campus, is largely developed with the Memorial Complex of buildings. South of. the Memorial Complex the topography drops steeply down to Earle Street, There is a wetland area In the southwestern corner of the South Campus, above Grove Street, North of Route M1. b6 is a largely developed area, referred to as the Main Campus; the northerly half of which is dominated by the Old Main building. To the north end east of the developed area is wooded land and open space, drappin$ down to the boundary at the Mill River. NSH was listed in the National Register of Histor(c Places on July 25, 1994, as a contributing complex to a Multiple Property Submission of state hospitals and state schools. In general, while the project site was once a working hospital campus, today it shows the effect of years of neglect. The buildings are in various states of disrepair, vegetation has returned to a wild state, and road and paths through the campus are cracked and riddled with potholes. t7o~o90T013~i 1 Section 61 Findings Bk: 09016 Pg: 225 1.3 Projecf Description At full build-out, the project will include approximately 47b,000 s.f. of mixed-use commercial space, comprising a mix of retail, office, light industrial, and research and deve(opment/multi media space as well as space for live-work studios, a child care center, a possible memorial and the development of a 60.80 unit assisted I(ving facility for seniors, The project will also include approximately 207 residential units, 100 of which' will be single-family homes and 107 of which will be mixed income rental housing. Overall, the goal of the residential components of the development will be to establish a diverse, mixed- income community. This includes a mix of housing types (5Z percent rental and 48 percent homeownership) as well as a mix of affordable and market rate housing (50~percent • each). Further, the project proponent is committed to make best efforts to insure that clients of the Massachusetts Department of Mental Health occupy 15 percent of the • housing units. Primary access to the project will 'be provided by way of the existing main campus driveway lo'catad on Route b6, east _of Prince Street, that will be r~~Qttstructed__ta -- ----- -~-- -- - ~-~-~-accommodate the pCanne~-evd-'elopment. 'Che majority of the commercial component of the development will be situated in the southern .portion of the campus and will be accessed by way .of Route 6fi and Earle Street. 'the residential component of the development will be located in the northern portion of the campus and wil( be accessed by way of Prince Street and the main driveway (orated on Route b6. Table 1 details the current.projected buiidout by use for all phases of the project. Table 1_ Projected Buildout by Type of Use, Square beet Chttd Community/ L'Ight Retail office Care Cultural Industrial industrial Total Phase I ' 19,000 53,000 - - - ~ 80,E 152,000 Phase it' 12,000 175,000 16,000. 25,000 96,000 - 324,000 Total 31;000 228,000 16,000 25,000 96,000 80,000 476,000 r• 'Phase fl will include b0-80 units of assisted living. 2.0 IMPACTS AND R~iTIGATION As requ(red by General Laws Ch. '30, Sec, b1, HHD has conducted a review of the environmental impacts of the above project. Having prepared art Expanded Environmental Notification Farm (EENF, October 15, 2001), a Phase i Report (April 30, 2002), a Draft Environmental Impart Report (DI:IR, April 30, 2003) and a Final Environmental Impact Report (FEIR, September 30, 2003), HHD has determined the environmental impacts of the project, and evaluated mitigation for those impacts. Based 17ooo9aTO13~t 2 Section 61 Findings Bk: 09016 Pg: 226 upon the foregoing documents, HHD has determined that the impacts of the project are as described below, and commits to the specified mitigating measures. 2.1 7ransportatlon 2.1,1 Potential impacts At full build, assuming trip generation as computed per Institute of Traffic Engineers {(TE) guidelines, the project would be expected to generate 8,616 external vehicle trips on an average weekday, of which 914 would take place in the AM peak hour {637 entering; 277 exiting) and 1,020 would take place in the PM peak hour {341 entering, 679 exiting). For detail, please see pp. 5-29 -5-34 of the DEIR. The foregoing trips were assigned and distributed, and superimposed on background cond(tions including known 'development projects and a 1 ~ average annual background growtfi rate. Using accepted methodologies, traffic operations analysis~was conducted for both signalized and unsignalized intersections fn the traffic study area. The results of the analysis are presented in Tables 5-10 and 5-11 of the DEIR {DEIR pp. 5=48 - 5-57); HHD and MassDevelopment find that, without -- -mttigatr6rrtn~ tratti~increases m e pro ect wou d cause potentially significant impacts at the following intersections: ' Unsignalized intersecttonsL 1. -Route 10 (South Street / Easifiampton Road) at Earle Street 2. Prince Street at West Street and Earle Street 3, Burts pit Road at Florence Road 4. Prince Street at the Main Campus Driveway 5, Prince Street at the Campus Driveway (South Campus) Signalized interrections;, . 6, Main Street at New South Street and State Street 7. South Street and New South Street at did South Street The City of hiorthampkon and members of the Citizens Advisory Comm[ttee expressed concern that the absence of anew connector between Prince Street and Route 10, would adversely impact the "village" character of the project south of Prince Street, and that traffl~c would cut through Laurel Street .and wastem Grove Street adversely impacting the neighborhood. In response to this concern, and as required by the 1vtEPA Scope and. Certificates, HHD conducted an exhaustive analysis of alternative alignments for a new connector or for other ways of conveying traffic between Route 66 and Route 10. Based on such analysis, and .taking into consideration wetland constraints, topography and road 171104QOT013~ 3 Section 61 Findings . ._. Bk: 09016 Pg: 227 design standards, HHD concluded that an upgraded Earle Street provided the most feasible and effective vehicular connection between Prince Street end Route 10. DEIR Section 5.7. Additional capacity analyses were presented in Tables 5-i 2 and 5-13 of the DEIR, 2.1,2 Mitigation transportation Demand Management Program HHD has committed to a program of both structural and non-structural mitigation for the foregoing Impacts. The most effective means to avoid traffic impacts is to avoid causing the traffic. Accordingly, HHD has committed to a comprehensive Transportation' Demand Management (TDM1 program, intended to reduce trip generation by the project to a level 35~ below the trip generation predicted by application of ITE guidelines. Structure{ Mitigation relates to signalization of the unsignallzed intersections identified above (nos. 1 - 5), and the modification of signal timing of the two slgnafized intersections (nos. 6, 7). The elements of the TDM program (see FEIR Section 2;0) are the following: i `TMA Membership. HHD, when selling or leasing property, will require individual commercial tenants to become a member of The Village at Hospital Hill landowners Association (Landowners Association). HHD or the property management team will oversee the landowners Assodation; which will become a member of the Route 9 . Transportation Management Association (Route 9 TMA)..The individual tenants, through . . membership dues paid to the Landowners Association, will contribute toward the TMA `~ membership dues. Initially, HHD will contribute X5,000 annuaily toward the Route 9 TMA upon completion of the first commercial building within the community. As future development proceeds and as' additional commercial tenants join the Landowners .• Association, these businesses will .fund the Route 9 TMA membership costs, which wi11 be included in the (ndividual association membership fees for each tenant. As a member of the Route 9 TMA, HHD andlor the Landowners Association w111 coordinate strategies and •~ •programs offered by the TMA including the following; '" ~ Participation in area transportation events such as the Transportation Fair, Bicycle Commute Week, and other promotional events offered by the TMA. r- ~ Production and dissemination of TDM marketing materials and newsletters, ~ Links to the TMA's web~site. ~ Completion of employee surveys. ~ Participation in transportation coordinator training. ~ Participation in the guaranteed-ride-home program. i700090TOf3~ 4 .. Section 61 Findings G Bk: 09016 Pg: 228 t Participation in ride matching programs. t Commuter Choice benefits. On,Sife Transportafion Coordinator, As a landlord, HHD •or its professional property manager will encourage individual tenants to designate an Individual to serve as the on-site Transportation Coordinator. HHD. and/or the Landowners Association. will also encourage other commercial landowners to identify on-site Transportation Coordinators. The role of this individual into oversee the promotion and implementation of TDM programs and serve as the chief liaison with the Route 9 TMA and with 6uiiding employees and state and city agencies, as required. . Publ}c Transportation Marketing lnformaffan. HHD. and/or the Landowners Association ' will make information on public transportation alternatives available at various otrslte locations, including commercial and residential areas and other public places. HHD and/or. the Landowners Association will include Information related to public transportation in employee orientation material arid leaselsales information for r~ospective tenants. ._,__ _ CarpoolNanpoof Program. HHD and/or .the landowners Association will provide a!1 employers within The Village at Hospital Full with information for dissemination to employees regarding the services offered by the. Route 9 TMA and CARAVAN for Commuters, Preferential Parking for Carpools and Vanpoots. HHD and/or the Landowners Association wHl designate a limited number of parking spaces in convenient locations ~ within alf commercial parking lots to be reserved for carpools and v~npools for employees at the Village at~Hospital Hili. On-Sits Public Transportation Pais Sates. HHD and/or the Landowners Association will encourage employers to make public transportation passes available to employees. Further, the Landowners Association will work with an-site retailers to make public transportation passes available.through on-site retail outlets. This effort will be coordinated through the Route 9 TMA. Cuaranteetl~Ride-Home Program. ~ The Route 9 TMA provides aguaranteed-ride-home program for TMA members. HHD and/or the Landowners Association will work with employers to implement a guaranteed. ride-home program that will serve to facilitate the use of carpool and vanpool services• by employees of the development. Through the ' participation of their employers in the TMA, employees who choose to vanpool or carpool `~ will have access to the TMA's program assuring that a ride home will be provided should they have to return home for personal orwork-related reasons. Bicycle Storage. Secure on-site bicycle storage will be provided for both employees and residents of The Village at. Hospital Hill.. In addition, HHD and/or the Landowners 1.7oDfrs9o?"or3~1 5 Section 61 findings Bk: 09016 Pg: 229 • Association will work with~commerciai tenants and land owners to Include on-site shower and locker facilities to encourage the use of bicycles by employees of the development. Further, HHD and/or the Landowners Association will distribute information related to the Pioneer Valley Transit Authority PVTA'Rack and Roll' program which allows commuters to utilize both bicycle and public transportation as a means of commuting to work. Secure bicycle racks and/or storage lockers will be provided at convenient locations proximate to • employment centers on-site. • Public Tranaportatlon Connecfiona to the Site. The Village at Hospital Hill is situated • approximately one mile from the nearest PVTA bus stop, which is located at the Academy of Music in downtown Northampton. HHD and/or the Landowners Association, through tenant membership in the Route 9 TMA, will work with fhe I'VTA to determine the . feasibility of including The Village at Hospital Hill as a stop on the regional transit routes currently serving the area. As future commercial and residential development of the project site proceeds and a er'itical mass of potential public transportation users is formed, HHD and/or the Landowners Association will work with the Route 9 TMA and the PVTA to • - - -- -- -.---•••• - ~.. ....v. .... ...ucwulli W 1111!\ 111Q development to public transportation service currently available in the downtown area of ' Northampton, HHD and/or the tandowners Association will work with the City and the TMA to the provide a shuttle service between the development and the PVTA hub .in downtown Northampton at the Academy of Music: The costs associated with this service will be determined by the TMA in consultation with HHD and/or the Landowners • Association and will most likely be integrated into the TMA membership fee assessed to the • development and other participants that use the shuttle service. Support for Car Sharing.. Because of increased costs associated with car ownership and increasing environmental awareness, car sharing is gaining (n popularity. Zipcar, a Cambridge-based company, places cars in publicly accessible places and offers them for rent on an hourly basis. Based on discussions with the Route 9 TMA, the use of Zlpcar is currently under review as a potential. TAM alternative for its members. While membership is required to use these vehicles and aper-mile cost is assessed, this service is rapidly growing. HHD supports the carsharing initiative as well as the availability of rental car services In the area. This service provides an alternative option for transit, bicycle, or other ~• non-automobile commuters who have the need for a car during the business day. HHD and/or the Landowners Association will work with the Route 9 TMA to evaluate the feasibility of providing a Zipcar program as a part of the planned development. On-Site Banking Services. HHD and/or the Landowners Association will work with employers within the development to implement a direct deposit program for employee paychecks and reimbursements in order to reduce of~site automobile trips. In addition, HHD and/or the Landowners Association will attempt to locate automatic teller machines} within the development. 1700o9oTor3A 6 5ectlon•61 findings --.-.__ I - t3k: 09016 Pg: 230 Additional OrnSite Amenities. HHD and/or the Landowners Association will work with the City, and area businesses to provide an on-site dry cleaning pick-up service for the residents and businesses within the community. This service can be offered via a central location within the development or a mobile pick-up service. Monitoring Program As committed to in the Phase I Report and the DElR, HHD will implement a transportation monitoring program that will measure actual performance characteristics of the project over time and will be used to determine the need for future improvements at the study intersections as the development is built-out. The objectives of the monitoring program are as follows: ~ To quantify actual traffic-generation characterist{csfnr the development (both peak hour and daily) for comparison to projected traffic levels. To evaluate and refine the effectiveness of the TDM program for the site; including emp~oyee~en~n~-moae-snares; vemc-~ccupancy rates, aicycie use, etc, l nis portion of the monitoring program will be used to determine baseline performance of the TDM program, and will serve as a basis for fine-tuning or adjusting the program to encourage alternative travel modes, ~ To refine the timing and scope of improvements to be implemented at key intersections serving The Village at Hospital Hiil. Specifically, the installation of traffic signals at the .Route 10 / Earle Street, Earle /West /Prince Street, Route 66 /The Village atHospital HIII main driveways !Prince Street and Ourts Pit Road / Horence Road intersections can not be completed until such time as traffic signal warrants are met. Results of the monitoring program shall be compiled and submitted to MassHighway District ll, the Northampton DPW, the Pioneer Valley Planning Commission; and the Northampton Office of Planning and Development. Tha elements of the program are as follows:.. Traffic. Counts. The count program will be administered under the direction of HHD. An M1~ initial counting program will be conducted In file spring of 2005 to update the 2001 No- Bui1d Conditions documented in the Draft EIR. Subsequent annual reporting will be conducted following occupancy of the first commercial building. ~ One month prior to canduding the counts, HHD shall forward the proposed counting program, including locations for automatic traffic recorders and turning movement counts, for comment to MassHighway District 2, the Northampton DPW, the Pioneer Valley Planning Commission, and the Northampton Office of Planning and Development. Comments received shat) be taken into consideration in implementing the counting program. Following the counts, the data shall be tabulated and compared to the AM and PM peak hour volumes for the 2001 1700090T01'3A 7 ~ Section 6 i Findings 'i ~ --- -__- Bk: 09016 Pg: 231 Existing Condition, 2006 No•t3ulld Condition, and 2006. Bu(Id Condition (pE1R Figs. 5-4, 5- 5; 5-8, 5-9; 5-14, 5-~ 5). The annual traffic monitoring program shall be conducted until two years after completion of the project. The initial counting program will count all project driveways, plus the following locations: + Route 10 at Earle Street + Earle Street at Grove Street + Grove Street at laurel Street + Earle Street'at West and Prince Street + Route 66 at Prince Street + Route 66 at Grove Street + Route 66 at laurel Street Additional intersections such as Burts Pit Road at Florence Road maybe added in the future, but will not be part of the initial program. • Upon occupancy. of the first commercial building, spot speed measurements along Grove Street and Laurel Street will be conducted. EmpfoyeelTenant Survey. Administration of an employeeltenant~ survey annually to measure transit use, carpooling, carsharing, bicycle use, and participation in programs offered through the Route 9 TMA. This will include reporting of employer/tenant participation in programs offered by the Route 9 TMA. • Trip-Generatfnn Surveys. Coliection of peak hour TMGs and ATRs at community driveways during a typical weekday, observed trip generation will be compered to levels ~~ calculated for actual building use, density, and employment using standard trip rates published by the ITE. Traffic 5fgna/ Warranfs Anafysfs. As a part of the annual traffic monitoring program, a Traffic Signal Warrants Analysis (TSWA) will be completed at the following intersections: Route 10 / Earle Street, Route 66 / Earle Street, Route 66 /The Vllla$e at Hospital H(II •driveways 1 Prince Street, Butts Pit Road /Florence Road. The results of the TSWi1 wail be provided to the City of Northampton and MassHighway, and will be used- as the basis of determining the timing and need for the implementation of traffic control improvements at these locations. r70009UT013~ 8 Section 6f FTndings Bk: 09016 pg: 232 Signalizaffan , , HHD`s commitments regarding signalization are the fallowing: Route 10/Eerie Streetinteraecfion, HHD will design and construct improvements to Carle Street between Route 10. and Route 66. If the Clry and State are unable to secure traditional sources of funding for signalization of a state highway through the Tip process, and an alternative funding source cannot be identified, HHD will fund and install the signal. Earle Street /Prince Street/West Street intersection. HHD has agreed with Massachusetts Highway Department fMassHighway3 to cost-sharing for the redesign and construction of Rt. 66 improvements and placement of signal conduits, HHD will work carefully with the City to achieve funding for the signal. Traffic volumes and operating conditions at this Intersection will be monitored on an annual basis as a part of the traffic monitoring program for the development. If the Installation of a traffic signal is found to be warranted and funding has not been identified for construction, HHD will fund and Install the signal, rr a mrersecnon. tttiu has agreed with MassHighway to .cost sharing for the redesign and construction of Rt. 66 improvements and placement of signal conduits. HHD will seek alternate funding sources for the installation of a traffic signal, if and when warranted, if an alternative funding source cannot be identified, HHD will fund and Enstall the signal when warrants are met. Florence / Burts Pit Road intersection. The need for future signalization is marginal and dependent on a number of factors relative to the rate of future development in the area. HHD will design a signal when wan•ants are met. if signalization is warranted, HHD will work with the City to identify an appropriate funding source. Main Street at New South Street and Stafe Street. Traffic flow may be improved with optimization of signal timing. HHD will prepare an optimal signal timing and phasing plan, and willimplement it as part of the redevelopment project and as deemed necessary by the City. South Sireet at New South Street and Old South Street. Traffic Flow may be improved N with optimization of signal timing. HHD will prepare an aptiinal signal timing and phasing plan, and will implement ft as part of the redevelopment project and as deemed necessary by the Ciry. Additional Measures as requested by the CAC HHD has committed to implement a menu of traffic calming measures determined by the City that were detailed in the D~IR far the Grove Street/iaurel Street area. These measures include the'following: . 1700090T013A ~ 9 Sedlon 61 F1ndings Bk: 09016 Pg: 233 • Restrict a portion of Laurel Street between Route 6b and Grove Street to function as a one-way southbound roadway. • Restrict Grove Street between Laurel Street end Earle Street to function as a one-way • ~ eastbound roadway. • Instal( traffic calming measures, including a raised intersection at the intersection of Grove Street at Laurel Street and/or speed "humps' along Laurel Street, between ' Route 66 and Grove Street, and on Grove Street. - Install chokers to reduce the width of Laurel Street approaching Grove Street and/or on Grove Street approaching Earle Street. These suggested measures can be implemented individually or iii combination to produce :' the desired traffic patterns. Prior to implementation of any of the suggested modifications, . the City of Northampton Pallce and Fire Departments will •review the impact of the - modifications on emergency vehicle response times to the area The need to implement . one or more of the suggested traffic calming measures would be documented in conjunction with the annual traffic monitoring program to be undertaken by HHD in consultation with the City and CAC. Subject to warrants being met and approval by the Northampton DPW, HHD will commit -- to install a 3-way stop and raised intersection at the intersection of Grove Street at Laurel • Street by completion of Phase i, The design and construction of other appropriate traffic calming measures will be defined in consultation with the City and MassHighway (Route . 66 at Grove Street Intersection). HHD will bear the cost of traffic calming measures,.with - - the exception of the Grave Street / Rt. 66 intersection; which is being accomplished as part of the Itt. 66 reconstruction. WHD will expand the annual traffic monitoring program to include spot speed ' measurements along Grove and Laurel Streets. If the measured 85s' percentile speed (s - found to exceed 30 mph, t-fHD will design and install appropriate traffic calming measures along these roadways in consultation with and as approved by the City of Northampton • DPW, Flre and Police Departments. With implementation of the .above mitigation, - u MassDeveiopment finds that all feasible means and measures will be taken to avoid or minimize potential traffic impacts of the project. ., ~: 2.Z Water Supply and Wa8#ewa#er 2.Z.1 Potentiallmpacts Average daily water use and wastewater generation at Full-build is 98,6b0 gpd. These . estimates are. based on Title V of the State Sanitary Code (314 CMR 5.00), and are 170009L7TOi3~1 . 10 Section 61 F1ndings 'il III Bk: 09016 Pg: 234 conservat(vely high. The City of Northampton's potable water supply is adequate to supply the Full•build. (Phase I Report, p. 6-1.) The City of Northampton's wastewater disposal capability has capacity to kreat wastewater from the project. (Phase I Report, p; 6-1 .) Northampton's water supply distribution system was evaluated to determine adequacy of transmission mains, The reconstruction of Route 66, in prggress; includes the replacement of existing water main with 12•inch diameter main. The Northampton Department of Public Works water distribution system .computer model was utilized to determine water system capacity and ability to handle the Foil-build. Water system pressures and adequacy to meet fire flow requirements were evaluated. It was concluded drat the water distribution system, with the Route 66 reconstruction, has sufficient capacity tq supply the Full-build and meet potential fire flow needs. The wastewater colledlon system was investigated and analyzed. For the DEIR, the capacity of sewer mains serving• the site was evaluated, and it was determined that those mains have reserved capacity well in. excess of anticipated peak flow increases from the Full-build. In addition to the above analysts, and atJie reouesL.of~flie~o~harnptor--BR1AF~ a further evaluation was also conducted of a 10 'i4-inch siphon under the Mill River. Finally, aclosed-circuit television investigation of the sewer pipes within Earle Street and downstream to Clarke Avenue was conducted. Observed defects were limited to root intrusion .at a manhole in Earle Street, corrosion of a 10-foot long pipe section in Earls Street and the ends of the cast iron siphon under the Mill River, and two protruding services within the sewer in West Street. 2.2.2 Mitigation ~ All construction in the project will meet the water-conservation requirements of the State Plumbing code. t As part of the reconstruction of Earle Street, HHD will replace the corroder! section of sewer pipe in Earls Street and will correct the root intrusion atone manhole. With implementation of the above mitigation, MassDevelopment Flnds that all feasibie means and measures will be taken to avoid or minimize potential water and wastewater "~ impacts of the project. 2.~ S~tarmwat`er and Wetlands 2.3.1 Potentia~lmpacts The davelopment envelope of tha site is approximately 90,4 acres, for existing conditions, this was subdivided into fins drainage basins, based upon existing stormwater flaws. Far proposed conditions, based upon land use and soils, potential changes in peak flow were evacuated, for' the 2~year, 10-year, 25-year and 100-year storm. Without stormwater management facilities, peak runoff in two of the drainage areas would increase modestly, 17Q00907013~ 77 Section b! Findings Bk: 09016 Pg: 235 and In two other drainage areas the peak runofff would be less than in the existing condition (this is because of the fact that the site. in the existing condition with many large buildings, parking areas and driveways generates significant runoff with no Stormwater attenuation facilities). DEIR, pp. Cr1 = 6-9, No potential wetland impacts from development of the site have been identified. . Significant attention was devoted to ideritifyitag an alternative alignment to Ridge Street, which (as laid out on the Master Plan) would have impacted bordering vegetated wetland both north and south of Grove Street. Earle Street south of Grove Street is proximate to the' • Mill River, and Is near bordering vegetated wetland and within the 200' riverfront area. __ Upon preparation of the design for upgraded Earle Street, the potentia! extent of impacts to bordering vegetated wetland.and riverfront area will be determined. Upon preparation of design for bicycle and pedestrian pathways, and drainage facilities, the potential extent of any other impacts to bordering vegetated wetland and riverfront area will be determined. ;2.3.2 Mitigation A Stormwater Management Plan for the project has been developed based, on 'Stormwater Management - Stormwater Policy Handbooks Volumes 1 and 2" by the Massachusetts Department of Environmental Protection, which is used as guidance by both state and local regulatory agencies. The Stormwater Policy Identifies nine performance standards that site development projects should meet. The standards and a brief response of how the proposed project will achieve compliance with each.standard is provided below. 1. No new Stormwater conveyances may discharge untreated Stormwater directly to or cause erosion in wetlands or waters of the Commonwealth. Ai[ proposed drainage areas will incorporate structural and non-structural Best Management Practices (BMPs) to treat runoff prior to discharge to waters of the Commonwealth. Downstream• erosion will• be deterred through use of outfall stabilization methods (such as~•riprap splash pads) as applicable. Also, erosion is Tess likely to occur since the proposed peak runoff wlll'be equal to or less than existing.peak runoff. 2, Stormwater management systems must 6e designed so that post-development peak discharge rates do not exceed pre-development peak discharge rates. Stormwater detention basins will be implemented such that proposed peak runoff will be equal to or less than existing peak runoff for all drainage areas as wel[ a~ the total site. The Stormwater management and Infrastructure has been further designed during the Definitive Subdivision Plan submittal, and thus differs from the Stormwater. management design referenced in the EiR; However, the post-development peak discharge rates remain .as equal to or less than the pre-development peak discharge rates. r7D0090T0i3~t 12 Section 61 Findings Bk: 09016 Pg: 236 F 3. loss of annual recharge to groundwater should be minimized through the use of infiltration measures to the maximum extent practicable. The annual recharge from the post-development site should approximate the annual recharge from the pre- development of existing site conditions, based on soli types. lnflltration trenches and dry wells will be used to the extent practicable in~ areas of permeable soils to recharge surface flows to groundwater. stormwater detention baslna may also be designed with an Infiltration component if suitable underlying soils are found in those areas. The groundwater recharge volume will be' based on the area ~of Impervious coverage over the hydrologic soil groups (HSGs) as follows: 0,4 inches for Type A lolls, 0.25 inches far Type g soils, and 0.1 inches for Type C soils. 4. for new development, stormwater management systems must be designed to remove 8096 of the average annual toad of Total Suspended Solids (TSS). The BO`s TSS removal rates will be accomplished through a various structural BMPs including deep-Bumped hooded catch basins, detention basins, sediment forebavs. infiltration trenches, dry wells, and water• quality swales, as we{I as non-structural BMPs such as street sweeping. Most runoff will be routed through the typical series of BMPs which will include street sweeping, deep-lumped hooded catch basins, sediment forebay, and detention basin providing a composite TSS removal of approximately 87~. 5. stormwater discharges from areas with higher potential patJutant loads require the use of specific stormwater management BMPs. There are no proposed land uses that are defined under the stormwater policy as having a higher potential pollutant load. 6. stormwater discharges to critical areas must utilize stormwater management 13MPs approved for critical areas. ~ ~ '~ The project does not have any discharges to a critical area as defined by the stormwater policy. 7. Redevelopment of previously developed sJtes must meet the stormwater Management Standards to the maximum extent practicable. However, if it is not practicable to meet all the Standards, new stormwater management systems must be designed to improve existing cortdltlons. The proposed project principally involves the redevelopment of the former Northampton State Hospital. Structural and non-structural stormwater BMPs have been provided to attenuate and treat runoff from the proposed conditions to the extent practicable and result in an improvement over existing conditions. 1700a94T413A 13 Section 61 FJndings t 8. Erosion and sediment controls must be implemented to prevent Impacts during construction or land disturbance activities. Various methods will be utilized to minimize the erosion of disturbed surfaces and transport of sediments within the limit of work and onto adjacent properties during construction activities. The most prevalent erosion and sediment control methods to be used will included haybale/silt fence combinations, temporary diversion channels, sediment traps, stabilized construction entrances, and slope stabilization. 'Implementation of the erosion and sediment controls will be in accordance with the 'Massachusetts Erosion and Sediment Control Guidelines for Urban and Suburban .. Areas - A Guide for Planners, Designers and Municipal Officials' by the Massachusetts pepartment of Environmental Protection. A description of each method cited is provided below. Construction Staging Areas. Construction'staging areas will be located outside of wetland resource areas and buffer zones. . Haybaie /Silt Fence Combination. Haybales are set butt to butt' into the ground and secured to the ground by two wood stakes. Slit fences are asemi-permeable barrier made of a synthetic fabric stapled to wooden stakes secured Into the ground. Placed side-by side (usually perpendicular to the surface flow), the haybale/silt fence combination• provides a . barrier to the runoff, resulting in slower flow velocities in which entrained sediment can settle out and remain within the limit of disturbance. ': ~ Temporary Diversion Channels. Temporary diversion channels are typical shallow ditches or berms that are placed to, intercept sheet runoff. The purpose may be either to direct the . intercepted flow away from a sensitive area(such as a steep slope) or into asediment-trap. These channels are sometimes seeded to provide vegetative. protection against erosive velocities. Sediment Traps. Temporary sediment traps are excavated or harmed facilities that provide a storage volume for runoff such that entrained sediments may settle •over a set time. Sediment traps are typically implemented at the low points within the area~of disturbance in conjunction with temporary diversion channels. ~~ Stabilized Construction Entrance. Stabilized construction entrances will be established at i each construction egress. to enhance removal of soils/muds attached to tires prior to construction vehicles entering public roads. The entrance is comprised of a minimum 25- foot wide, 6-Inch thick bed of 2-Inch crushed stone extending a distance of at least 50 feet into the construction site. Stone will be replenished as necessary to maintain proper dimensions and function. Tire washes will be provided if the stabilized construction entrance is deemed inadequate alone. 1700090T013A 14 Section 61 Findings t Bk: 09016 Pg: 238 Vegetative Stabilization. Temporary slope stabilization will utilize seeding with annual grasses (such as annual rye) due to rapid germination and production of rootmass. Permanent vegetation will utilize perennial grasses. Establishment of vegetative cover will typically be performed by hydroseeding, although sodding may be used in permanent, landscaped areas. Suitable topsoil, proper seed bed preparation, lime, fertilizer and consistent watering are required for effective establishment of vegetative stabilization. • Mulch may also be used for, permanent seeding for erosion-prone area, such as steep . slopes. • Qperation and Maintenance Plan. The stormwater Management Plan will identify the operation •and maintenance (CJ&M) activities that shall be the responsibility of the on-site contractor. At a minimum, the erosion and sediment control O&M plan will have the following components: • Sediment within traps wll! be removed if more than one-third full, Sediments behind . haybalelsilt fence combinations.will be removed if greater than '6 Inches. ~ All erosion and sediment controls wilt be inspected after each rain event Debris will be . removed. ~ Maintenance personnel will keep records of inspection and maintenance activities including date and description of activities performed. ~ Any erosion and sediment control found to be functioning improperly will be repaired or replaced accordingly. ~ Erosion and sediment controls will remain in place until a}I tributary areas have been E stabilized. After removal of controls, the disturbed areas will,be regraded and stabilized as necessary. • 9. Al! stormwater management systems must have an operation arrd maintenance plan to • • ensure that systems function as designed. . The design of the proposed stormwater facilities will include a detailed operation and maintenance (O&M) plan including a description, inspection and implementation schedules, and procedures for carrying out each activity associated for each BMP. Where/ ~ stormwater facilities are not publicly owned, the Landowners Association will be • responsible for maintenance. At a minimum, the stormwater management O&M plan will . have the following components: . ~ Street sweeping will be performed every spring. ~ Deep-sumped, hooded catch basins will~be cleaned once per year. Sediment within forebays will be removed if more than one-third full. ,~ • 1704090TUi3A 1S SectJon 61 Findings Bk: 09016 Pg: 239 b Detention facilities will be inspected after mayor storms (greater than 0,5 inches of rainfall). Debris will be removed. + Vegetated BMPs will be mowed at least twice per year. Woody vegetation w(ll be removed. + Maintenance personnel will keep records of inspection and maintenance activities including date and description of activities performed. + Any structural BMP found to be functioning improperly will be repaired or replaced accordingly. Upon design of any facilities potentially affecting wetlands (e.g., upgraded Earle Street, pedestrian and bicycle paths, drainage fines}, a Notice of Intent will be flied with the Northampton Conservation Commission, identifying potential impacts on resource areas and demonstrating that the interests of the MA Wetlands Protection Acf, and the Northampton Wetlands Bylaw; are rnet. No activity subject to the jurisdiction of the 1Jnrthamntnn ('nncarvatinn ('nmrrateernn aailll L.e ......i...! ....a .._art .. ee__i r._~__ _. Conditions has been. received, As detailed design proceeds, if any of the above measures require modification to address site-specific requirements, they may be.;idjusted, provided that the stormwater management program shall, meet the requirements of the MA Stormwater Management Guidelines. With implementation of the above mitigation, Masspevelopment finds that ail feasible means and measures will be taken to avoid or minimize potential stormwater impacts of the project. 2.4 , Historic 2.4.1 Potentiallmpacts The act of disposition of Northampton State Hospital (NSH}, a ~eomplex listed in the National Register of Historic Places, required DCAM {formerly DGPO) to develop a Memorandum of Agreement (MOA) with the Massachusetts Historical Commission (MHC). The future designated' developer (HHD} was directed to carry out the stipulations of the . MOA, The stipulations of the MOA were developed to mitigate potential impacts to NSH which included the disposition and redevelopment of state property. The MOA also took into consideration the City of Norfhampton's.proposed plan for NSH which would include the possible reuse or demolition of historically significant buildings, new construction, and preservation of agricultural lands and open space under city zoning. The spirit of the MOA encouraged the examination of the. reuse potential of contributing buildings and landscapes (including use of the Rehabilitation investment Tax Credit) and rehabilitation of those buildings and landscapes where feasible. ~ ' 1700040Ta13A 16 Section 6! findJngs ' ' 2.4.2. Mitigation HND was awarded the development project following the RFP process and has carried out the stipulations of the MOA as the designated developer. The Ful! BuHd development will pursue rehabilitation of nine contributing buildings an the Northampton State Hospital campus where feasible. Since filing the DE{R, TCB has agreed to reexamine the potential for rehabilitation of the North Employees Home and the North Infirmary. The•remaining 38 contributing structures in the project area are scheduled for demolition to allow for the developrnant of the Village at Hospital Hill. The proponent will also continue to pursue wherever feasible the retention and rehabilltatlon of historic landscape elements, including specimen trees, as part of the proposed Master Plan. In compliance with the MOA and the directives of the CAC, studies were undertaken to investigate the possibility of stabilizing, retaining and re-using all contributing and non- contributing buildings on the NSH campus as• part of the master planning process. It was determined that nine of the 47 contributing buildings.of the campus may be, or have the Extensive studies were undertaken to• investigate the stabilization, retention and reuse potential far all or part of Old Main, and specifically the Kirkbride section. The studies included the development of two alternative €loor plans for residential •units and, at the request of the CAC, a plan for the reuse of the facade of the K(rkbride section of the building. An outside developer known as ArtSpace, identified by Save Old Main, also undertook a study of Old Main for reuse as artist Iive/work space, Both studies independently determined that the reuse of.the Klrkbride section and the North and South Infirmaries were cost prohibitive, even taking into account the •potential use of the Rehabilitation Investment Tax Credit. The CAC agreed with this determination and passed a motion to not expend funds on the interim •stabilization of Old Main and noted that if a viable opportunity should arise in the future, the reuse of Ofd Main wiii be'considered in relatipn to. the Master Plan. in response to the CAC motion, stabilization efforts were not undertaken over the winter •of 20D2. . HND plans to proceed with the demolition of Old Main as soon as possible. Selective salvage of significant architectural details of Old Main is anticipated as part of the winning bid. ~ ~ ~ . New construction will be sensitively designed to take into consideration the historic district. Where feasible, portions of the historically landscaped grounds will be retained for continued use as passive recreation space and the agricultural land has already been planed under a conservation restriction. HHD will continue to work with the City to design an appropriate memorial at the Hospital and construct it as part of the development. That memorial may include all or part of the documentation of the. campus completed by HHD and submitted to the MHC and the City in compliance with the MOA. 17aoo90TOt3A 17 ~ Section 61 Findings Bk: 09016 Pg: 241 I With implementation of the above mitigation, MassDevelopment• finds that all feasible means and measures will be taken to avoid or minimize potential historic impacts of the project. 2.5 Suafainable development 2.5.1 Executive Order #385 ' E.O. #385 has arc overriding objective of promoting, economic growth that does not derogate from environmental quality. it requires state agencies to promote sustainable economic development which is supported by adequate infrastructure, in their permitting decisions. Further, it mandates that agencies prefer reuse of previously developed areas, structures, and infrastructure over new construction. It requires analysis of a proposed project's consistency with formally accepted growth management plans and with local and regional planning objectives. It encourages the pursuit of economic development through .• .provision of incentives and assistance to interested private parties as well as local and regional governments and organizations. Finally,. it also requires coordination with state agent es an oca an regrona p anning entities. The proposed project is fully consistent with E.O. #385. MassDevelopment was chartered to fink public resources-io~~~private financial techniques, with ~ the overall .objective of . promoting economic development. In pursuing the redevelopment of •t~tnrtharnpton State Hospital, MassDevelopment teamed with TCBI, an the. private sector side, to create HHD, take over an asset under the custody of the MA Division of Capital Asset Management and pursue jointly the development plan. Both proponents have worked with local planning authorities to bring about a redevelopment program that blends with local and regional planning objectives. Fundamental to the development concept is that NSH involves the rehabs{station and revitalization of infrastructure, structures and a site that~was previously developed and is suitable for economic reuse,ln preference to the development of a greenfield site. Finally, by pursuing an extensive period of coordinated planning, including but not limited to this MEPA review, HHI] concentrated on bringing about economic development without adverse environmental consequences. 'All of the foregoing activities are consistent with the language and objectives of E.O. #385 2.5.2 Smart Growth and Green ~rchltecture Smart Growth is .fundamental to the concept of The Village at Hospital Hill. The redevelopment of the central portion of NSH, while other landholdings have. been . preserved for agriculture, conservation and open space, housing and ocher uses, establishes the overall context for the project Within this framework,~the placement of a diverse, mixed-use project at the site, the incorporation of village elements, Encluding appropriate levels of retail along with a mix of employment and housing opportunities, proximity yet 1700040701311 ~ 1~~ Sedlon 61 Ftndfngs Bk: 09016 Pg: 242 geographic distinctness from downtown Northampton, and a combination of the oid~ and the new, all will make The Village at Hospltal Hill an important example of Smart Growth. The various issues that have been examined for this EIK; including but not limited to comprehensive rather than incremental stormwater planning, early assessment of traffic needs and establishing of a 1'DM program and annual monitoring, identification and avoidance of wetland resources, and in general the evaluat[on of infrastructure and strengthening it where required to support the project, are •further examples of Smart Growth, as well as consistency with E,O. # 385. HHD expects to see elements of Green Architecture Incorporated into the project, regardless of whether the developers of Individual components of the project pursue t.EED certification, or otherwise utilize environmentally-friendly, energy- and resource-efficient design. Within HHD, MassDevelopment will not ~ itself be developing industrial ar commercial components of the project, but will market the property to other users. in Its marketing, MassDevelopment •will• identity The Village at Hospltal Hill as the type of community where Green Architecture would be regarded wlth'special favor. On the able to identify within the private and public sector. TCBI will seek out and apply for all pertinent resources that offer support for "Green" design. HHD will work with the CAC Y and the City to develop a protocol for informing prospective buyers of buildings and land about the availability of MassDevelopment financing programs and fvr providing•~outreach, education and referrals intended to promote sustainable development as third party end users occupy and develop the site. ?.7 Cohstrucflon Mifigatiatr 2.7,1 Potentialirtipacts Construction andlor demolition activities at NSH will extend throughout the potential fifteen-~+ear build-out period of the project. Depending on location and nature of construction, work may be contracted for by HHD or by future trarisferees. Without careful planning, construction impacts on traf#c,• air quality, noise, and erosion/sediinentation could ensue. 2.7.2 Mitigation ~ '~ All work will be required to comply with ail applicable federal, state and local regula#ons. Moreover, fn each instance the selected construction contractor(s) will be required to submit a Construction Management Plan (CMP) prior to the commencement of construction. The plan will address potential air, noise, and traffic Impacts and hours of operations and will provide a plan to eliminate, minimize, or mitigate these impacts. The construction contractor(s) will be bound to the terms of the CMP. Typical controls that may be incorporated into a CMP are listed below: t7f10090TOf3A ~ ~ 19 Section 61 Findings Bk: 09016 Pg: 243 Traffic In order to minimize construction related traffic impacts associated with the planned ,development, the project proponent will work with the City and contractors to implement the following measures: * Designated truck routes to and from the development will be established with the City of Northampton in order to reduce or eliminate project related constructian.truck traffic from neighborhood areas. ~ Construction worker parking will not be permitted on street unless so designated with the Ciry of Northampton Police Department. + Construction workers will be encouraged to utilize public transportation andlor carpooUvanpool to the project site (n order to reduce construction related traffic to the development. • be performed within the public right-of-way with the City of Northampton Police Department and the~Department~of Public Works. • Secure on-site storage will be provided for tools and equipment in an effort to minimize construction related vehicle trips to the site. Fall or partial street closures will be avoided to the extent possible.• Any street closure or Pane use reduction will be coordinated with the City of Northampton Police Department and will be limited to off-peak periods. Prior to the implementation of any work within the public right-of-way, the contractor w(ll submit to the City of Northampton Police Department and the Department of Public Works for review and approval, a traffic and pedestrian management plan. • • Air Quality • • Air quality impacts associated with construction activities may generate fugitive dust, which could result in localized increases in airborne• particulate levels. Fugitive dust emissions w from construction activities will depend on sueh• factors as the properties of the emitting • surfaces (e.g., moisture conten# and area of exposed soil or debris);. meteorological variables, and construction practices employed. To reduce emission of •fugitive dust and minimize impacts on.the local environment, the construction contractor will adhere to 'a number of strictly enforced mitigation measures. These include: • + Wafting agents will be used regularly to control and suppress dust for exposed areas. i rooosoTO i3~ 20 Section 6 i. Findings Bk: 09016 Pg: 244 . o Water will be applied during active building demolition operations and while trucks are being loaded with demolition debris. . • All trucks transporting debris to or from the site will be fully covered, Construction practices will be monitored to ensure that unnecessary transfers and mechanical disturbances of loose materials are minimized. Surrounding streets will be cleaned throughout the demolition and foundation. construdion period to minimize dust accumulations. Any other off-site construction debris will be removed as soon as observed. The proponent will work with DEP Western Region to determine the feasibility of a pilot program for implemenfation of DEP's Clean Air Construction initiative, •Noiae and Operating Houra • Every reasonable effoit will be made to minimize the noise'gerierated by construction adfvlties.• Mitigation measures will include: • A proactive program to ensure compliance with the City of Northampton noise ordinance. • Using mufflers on all construction equipment including ongoing maintenance of intake and exhaust systems. • Muffling enclosures on continuously running equipment, such as air compressors and welding generators. • Replacing specific construction operations and techniques by less noisy ones where feasible (e.g., mixing concrete off-site instead of on site}, • Scheduling equipment operations to keep average levels low, to synchronize noisiest operations with times of highest ambient noise levels, and to maintain relatively uniform noise levels. • Turning off idling equipment, . • Locating noisy equipment as far as possible from sensitive areas, The hours of operation for demolition and construction activities are typically limited to 7:00 a,m, to 5:00 p,m., with occasional exemptions. approved on a case•by-case basis for special conditions, For example, if street closure were required for a particular activity, evening work may be required to minimize traffic impacts, This w(11 be coordinated with the City and protect site.abutters in order to minimize impact on vehicu{ar.and pedestrian traffic and abutter operations: Where specific conditions warrant it, ex#ended or truncated J700090T013A 2T Sedlon 61 Findings Bk: 09016 Pg: 245 _, working hours may be utilized, recognizing that in some circumstances, neighborhood impacts may be lessened by an early start or early cessation of construction, and also that the duration of construction impacts may generally be lessened by longer working hours. Erosion and Sedimentation Currently, the working area is gently sloping, and comprised of many impervious surfaces, buildings and other structures. In areas where the contractor is required to work where there is the potential for sedimentation to flow over pervious areas to sensitive areas, the contractor will be required to install typical sedlmentation/eroslon control "Best Management Practices" (BMPs) such as trenched s(Itation fence and staked hay bale barriers. _ ~ Existing on-site stormwater inlets wiii be temporarily protected during construction activities in order to prevent sediment or demoliki'on debris from entering the drainage system. Fitter fabric will be, inserted into the catch basins Just below the grating. Ali trapping structures will be inspected after every rainstorm and repairs made as necessary. Demolition and Recycling Demolition procedures wiii be carefuily planned through development of b(d . specifications, selection of contractor, compliance with all DEP requirements, and following a careful sequence to minimize any impacts. Environmental mitigation measures ' will be stringently enforced by the HHD Clerk of the Works and- the engineering firm providing dernoiition oversight. - Prior to notice to proceed to the demolition contractor, HHD wiii conduct a detailed investigation of asbestos and lead in the structure, and wfl! complete the abatement of asbestos. immobile equipment, such as the crane, wiii be re-fue{ed in place by a small fuel truck. Smaller, mobile equipment such~as~ dump trucks wiii .fuel at a designated location on-site. Fuel.will not be stored within 100 feet of anywetiand resource area. All mobile equipment (excluding the immobile crane) will be parked in a secure location during the overnight hours. F As salvageable materials are removed, they wiii be stockpiled on-site near or within the existing building footprint, and loaded for sale and shipment offsite. The remaining demolition materials and construction debris will be contained otrs(te within,the existing footprint of the building, Prior to their reuse on-site or removal to a suitable off-site disposal location, the rubble wUl be crushed and temporarily stackpiled In a designated •location or locations proximate to the-worksite. Soil disturbance on the protect will be limited to excavations to cap utilities, remove steam tunnels and remove foundation wails. Where those excavation activities have the potential 170009070t3i1 ~ 2z 5edfon 61 Ffndfogs. Bk: 09016 Pg: 246 to impact storm drain systems or Buffer Zones, the demolition specifications will require siltation control. Street sweeping and off-site debris removal of all materials that are not suitable for use as structural backflll will also be required. Existing on-site stormwater inlets will be temporarily protected during demolition activities in order to prevent sediment or demolition debris from entering the drainage system. Filter fabric will be inserted into the catch basins just below the grating. AU trapping structures will be inspected after every rainstorm and repairs made as necessary. Best Management Practices will be implemented for dust control, to reduce surface and air movement of dust from exposed soil surfaces and demolition activities: + larger buildings and• structures will be demolished incrementally on a section by section/wali by wall basis. Standing walls will act as battlers, which wil! control air currents and blowing materials. + Water sprays will be required ~to control dust migration during active building - emo it on, crus ng an truc oa ing: f Where necessary, the site wilt be sprinkled with water• until the surface is wet. Particuiar attention will be paid to haul roads arid other traffic routes as well as the interior of the buildings. Contract specifications will require the periodic sweeping of off-site adjacent streets (weekly minimum) to prevent tracked dirt from accumulating. With implementation of the above mitigation, MassDevelopment• finds that all .feasible means and measures will be taken to avoid or minimize potential construction impacts of the projecf. 3.Q Section 61 Conclusion ~ .~ - Therefore, pursuant to.M.G.L, c. 30, Section 61, acting In its own capacity and as Managing Member of Hospital Hiii Development LLC, MassDevelopment finds that ail feasible means and measures are.betng utilized to avoid or minimize potential damage to the environmerit M1 by the project. tiy~ . . . ~ Date: , f 1~~r ~''~ . r~ooo9orot.sa ~ 23 Section bi Findings _ _ _ Bk: 09016 Pg: 247 . ~ I I Exhibit D . Storm Water Management Pian See attached document, F -10 - . 1~lviassdevelopment.cam~rndfa~osGroupsll,egallNOHO~Amendment to Restrictions for North Campus.~/l.doc Bk: 09016 Pg: 248 • ~. THE VII,LAGE AT HOSPITAL HILL ' NORTHAMPTON, MASSACSUSETTS ~ . OPERATION AND MAYNTENANCE PLAN• ~ The following 0 & M Plan has been developed to comply with Dl3P's Stormwater Management Policy. The responsibilities outlined in the 0 & M Plan ran with ownership of the property. • Responsibie.Party: Owner/Operator: Hospital Hill Developmdnt, LT,C. c/o Mesa Development 1441 Main Street Springfield, MA 01103 osp~ 1171evelopmenk Imo., or ~str~c~s o~slowtt~ftlre~s - aite stormwater managometit system as well as the responsibility for operation and routine maintenance during tht post-davalopment stages of the project. This 0 & M Plan. • outlines the various Beat Management Practices (BMPa} associated with the proposed . project and identifies the relevant maintenance tasks to be undertaken as well as a ~ . corresponding schedule for inspection and maintenance activity. . • Infltration Basin Maintenance • Ensure proper function in initial months of operation: ~ . • • Observe at several intervals during and after small and large rain storms to cnsuro that the basin is functioning ae intended, Note how long water remains standing • in basin aftor storm events and how well the water infiltrates over a period of 48 to 72 hours. Repair items such as upland sediment erosion, excessive compaction of soils and low spots which may cause clogging. Semi-annually inspect the basins for proper functioning: Look for: ' . • Subsidence, erosion, cracking or tree growth on embenlanent; • Accumulation of scxiiment within the basin; • Condition of riprap; and r' Health of the turf Sena-annually: • Mow the side slopes of the ernbanlcment; and • Remove trash end debris • As necessary: . Remove sediment from the basin at least once every ten years; t3k: 09016 Pg: 249 . Dispose and transport accumulated sediment off-site in accordance with local, state and federal guidelines and regulations; ~ o Ro-seed during the growin8 season; " • Any required modifications to the detention basin or the contributing watershed • shall be reported to the Conservation Commission as the issuing authority. I . Dee Sum and ITooded Catcli Basins And Wattr alt Inlets Semi-armaally: Remove accumulated sediment and hydrocarbons during the late winter/early " spring and late spring/early summer; and Dispose and transport accumulated aedimesrt off site in accordance with applicable local, state, and federal guidelinea~ and regulations. As necessary: Remove accumulated debris " SnFia~rface Infiltration Maintenance proper ct~on'~~on~.oe or vpw.nuvu. Observe at several intervals during and after small and large rain storms to ensure that the infiltration system is functioning as intended. Moto how long water remains standing in. basin after storm events and b,aw well the water infiltrates ova a period of 4$ to 72 hours. Repair items such as upland sediment erosion, excessive compaction of soils and low spots which may cause glogging. Annually: Inspect infiltration syatem•2~ and d8 hours after an approximate 1" storm wart to be acre that the systcrn is functioning properly. Semi-annually inspect. the units for proper functioning: Look for: ' . Accumulation of sediment within all infiltrator components. Proper infiltrations of stormwater. • Semi-annually: • N i Remove trash and debris • Remove accumulated sediment .and hydrocarbons from water quality inlets, header pipes and outlet control wesrs during the late winter(early spring and late spring/early summer; and • Dispose and transport accumulated sediment off-site in accordance with • applicable local, state, and federal guidelines and regulations. As necessary: Bk: 09016 Pg: 250 _. • Removo sediment from at last ones every ten years; • Diapoao and transport accumulated sediment off site in accordance with local, state and federal guidelines and regulations. Detention Basin/'Water Quality Swale Inspeat at least once a year to.anaure that tho basins and swalea are operating as intended: • observe at several intervals during and after email and large rain sbarme to ensure that the basin is functioning as intended. Proper function shall include.discharge through tho outlet device during runoff ocauronc~, temporary rotontion after nanoff ceases and infiltration within the anticipated limo period. • inspect outlet control structure for evidence of clogging Look for: ~ # • subsidenae, erosion, cracking or trey growth on embankment • accumulation of sediment within the basin • adequacy of the inlet/outlet channel erosion control measures • aOndttlO'll Of L10 m1CL Cnaimei auu ~unuia erosion within basin and banks of swale Semi-annually: • mowing of the side slopes and embankment to a height of 4 inches removal of'traeh and debris As necessary: • removal of sediment from the basins and swrtles as necessary and at least once every ten years • • disposal of accumulated sediment will be transported off-site in accordance with local, state and federal guidelines and regulations • t~-seed during th.e growing season • repairs will be made immediately . any requited modifications to the detention basin or the contributing watershed shall be reported to the Conservation Commission as the issuing authority i i Parking Lot Bweeptng Sweeping of paved areas will take place two t{mes during the year. . • Sweep access driveways and parking lots. ~ - • Accumulated sediment will be transported and disposed off-site in accordance with applicable local, state and federal guidelines and regulations. Snow and Snowmelt Management ' The use of salt on the proposed parlang lot shall no tittle exceed state or local ~ ~ specifications. Snow removal and storage: • Place plowed snow outside wetland resourcc areas; and . Remove accumulated sedim~ts from snow storage areas every spring. t~oao~ozooz ATTl~T: HA.MPa~',~R~~ I,,, DONOR . __ _ ~ _ ATTACHMENT B Village at Hospital Hill--South Amendment to Declaration of Covenants, Restrictions, Maintenance and Easement Agreement IlMassdevelopmenGcomlmdfalBosGroupslLegal.WOHOIMemolo_Higgins_re_Tr_arc.Miligalio_n_Regurrements.doc -8- x Bk: 09016 Pg: 178 ek: B018Pg: 178 Page: 1 0(37 VILLAGE AT HOSPITAL HILL -SOUTH Reoorded: o1~z2reoo7 1 t:b4 AM AMENDMENT TO DECLARATION OF COVENANTS, RESTRICTIONS MAINTENANCE AND EASEMENT AGREEMENT This Amendment to Declaration of Covenants, Restrictions, Maintenance and Easement Agreement (the "Amendment") is made on this 22nd day of September, 2006 by HOSPITAL HILL DEVELOPMENT LLC, c/o Massachusetts Development Finance Agency, 160 Federal Street, Boston, Massachusetts 02110 ("Grantor"). WHEREAS, Grantor is the owner of certain real estate on Route 66, Prince Street and Earle Street in Northampton, Hampshire County, Massachusetts (the "Property"), as shown on the Plan entitled THE VILLAGE AT HOSPITAL HILL, PHASE ONE DEFINITNE SUBDIVISION, NORTHAMPTON, MASSACHUSETTS, dated November 20, 2003, Revised: January 22, 2004, Revised: February 23, 2004 (Sheets 1- 35), Revised Apri130, 2004 (Sheet 36), prepared by Beals and Thomas, Inc., 144 Turnpike Road, Southborough, MA 01772, and recorded with Hampshire Registry of Deeds in Plan Book 202, Page 75, and as it may be revised from time to time showing Lots 1 through 12; WHEREAS, Grantor subjected the south campus of the Property (i.e,, Parcei Numbers 1; 2, 3,.4, 5, 6, 7, 8, 9, 10, 11,12A and 12B) (the "South Campus") to covenants contained in that certain Declaration of Covenants, Restrictions, Maintenance and Easement Agreement, dated as of October 8, 2004, recorded at the Hampshire Registry of Deeds on'October 15, 2004 at Book 8024, Page 258 (the "Declaration"); WHEREAS, Grantor created the Village at Hospital Hill-South Association (the "Association"), an association of the owners of individual lots comprising the South Campus; WHEREAS, pursuant to Massaaliusetts.General Laws Chapter 30, Section.61, the Grantor reviewed the environmental impacts ~of the Village at Hospital Hill and prepared "Sectiori 61 Findings for the Village at Hospital Hill" (EOEA No. 12629) (the "Findings"), which Findings are attached hereto as Exhibit C; WHEREAS, the Findings summarize the mitigation measures that shall be taken to minimize the environmental impacts of the Village at Hospital Hill project (the "Mitigation Measures"); WHEREAS, the Findings contemplate that certain Mitigation Measures maybe performed by either the Grantor or the Association; aricl~it is the intention of the parties hereto that in alI such instances, the Mitigation Measures shall be performed by the Association and not by the Grantor; ~.:... -1- 1~Massdevelopment.com~tndfa~BosGroups~Legal~NOHO~Amendment to Restriction for South Campus.doc Bk: 09016 Pg: 179 WHEREAS, the Grantor desires to amend the Declaration to describe the Association's required Mitigation Measures; and WHEREAS, the Grantor desires to make certain other amendments and clarifications to the Declaration, as set forth herein. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby amend the Declaration as follows: 1. Definition of "Roadway Easement." The definition of Roadway Easement set forth in Article I of the Declaration is hereby amended by adding the following sentence to the end thereof ROAD E is also known as "South Campus Road." 2, Use of Roadway Easement. The second sentence of Article III, Section I(C) is hereby amended by adding the words "through the Association" after the words "joint obligation of Lot Owners." 3. Maintenance of Culverts and Detention Areas. Article III, Section 1(E) is hereby deleted in its entirety and the following shall be substitutes therefor: Each Lot Owner, through the Association, shall in proportion to the percentage interest set forth in Exhibit A, as the same may be amended from time to time, share in the cost of the maintenance and repair of any starmwater facilities on the Property (until and unless any of the same are accepted by the City of Northampton), including, without limitation, culverts, piping, manholes, catch basins and detention areas, whether or not such Lot Owner has constructed a building and whether or not the stormwater facility is located on any Lot Owner's property. The Association has developed an Operation and Maintenance Plan for the maintenance and repair of commonly held culverts and detention areas, which plan is attached hereto as Exh_ ibit D (the "Stormwater Management Plan"). The Association has provided a copy of the Stormwater Management Plan to the City of Northampton OfI•ice of Planning and Development. Any amendments to the Stormwater Plan shall be conducted in accordance with the rules and regulations of the Northampton Office of Planning and Development. The Association shall maintain all stormwater facilities and detention areas (unless and until they are accepted by the City of Northampton) in such a manner so as to be in compliance with (a) Section 2.3.2 of the Findings; and (b) the Stonnwater Management Plan. This maintenance responsibility includes, without limitation, the obligation to (i) clean all deep-sump, hooded -2- \~Iviassdevelopment.commdfa~BosGroups~Lega11NOH0~Amendment to Restriction for South Campus.doc Bk: 09016 Pg: 180 •~ _ _ catch basins at least once a year; (ii) remove sediment within forebays if more than one-third full; (iii) inspect detention facilities after all storrns with greater than 0.5 inches of rainfall; (iv) remove debris from detention facilities after all storms with greater than 0.5 inches of rainfall; (v) mow vegetated areas according to Best Management Practices ("BMPs") at least twice per year and remove woody vegetation;~(vi) keep records of inspectYOn and maintenance activities including date and description of activities performed; (vii) repair or replace any structures found to be functioning improperly according to BMPs. 4. Maintenance of Roads, Parking_Lots and Utilities. Article III, Section 1 is hereby amended by adding the following new subsection (F) to the end thereof F. Maintenance of Roads, Parking Lots and Utilities. The Lot Owners, through the Association, shall in proportion to the percentage interests set forth in Exhibit A., as the same maybe amended from time to time, shaze in the cost of (i) the maintenance, repair and improvement of Road E; (iii) all shared parking areas, as applicable; and (iii) all utilities out of the right of way. As set forth elsewhere in,this Declazation, such maintenance, repair and improvement obligation shall include, without limitation, snow removal and street sweeping four times per year, grass cutting and other landscaping, and lighting (including provision of electricity). The Association is responsible fvr all sidewalks and paved walkways bordering and within the open space. 5. Transportation Demand Management. Article III, Section 1 is hereby amended by adding the following new subsection (G) to the end thereof: -~ G. Transportation Demand Manage~t. The Grantor and the Association have committed to a comprehensive Transportation Demand Management ("TDM"} program, intended to reduce trip generation b~ The Village at Hospital Hill. The Association shall be responsible for perforniing the . following elements of the TDM program, at its'own cost and expense, effective as ~of January 1, 200b unless another date is specified herein: (i) TMA Membershiv The Association will become a member of the Route 9 Transportation Management Association ("TMA") or other such transportation management association if the TMA ceases to exist. The Association will require all Commercial Building owners. and alI commercial tenants, through membership dues paid to the Association, to contribute membership dues toward the TMA. The minimum annual contribution to such TMA shall be $2,500.00 per year in the aggregate-upon issuance of a Certificate of Occupancy for the first Commercial Building. -3- 11Massdevelopment.comlmdfa~BosGroupslLegallNOHO~A.mendment to Restriction for South Campus.doc Bk: 09016 Pg: 181 As a member of the TMA, the Association will coordinate strategies and programs offered by the TMA including, without limitation, the following: • Participation in area transportation events such as the Transportation Fair, Bicycle Commute Week and other promotional events offered by the TMA; • Production and dissemination of TMA marketing materials and newsletters; • Links to TMA's web site; • Completion of employee surveys; • Participation in transportation coordinator training; • Participation in the guaranteed ride-home program; • ~ Participation in ride matching programs; and • Commuter Choice benefits. (ii) On-Site Transportation Coordinator Tha Association will encourage commercial Lot Owners to identify on- sitetransportation coordinators to oversee the promotion and implementation of TDM programs and to serve as the chief liaison with the TMA and with building employees and state and city agencies, as required. (iii) Public Transportation Marketinu Infarmation The Association will include information on public transportation alternatives available at various locations on the Property, including in commercial and residential areas and other public places. The Association will include information related to public transportation in lease/sales N information for prospective tenants, .and will encourage owners and their tenants to include such information in their owners/employee orientation material. (iv) Carpool/Vanpool Program The Association will provide all employers within The Village at Hospital Hill with information for dissemination to employees regarding the services offered by the TMA and CARAVAN for Commuters. (v) Preferential Parkin for Carpools and Vangools -4- 1~iviassdevelolnnent.comlrndfalBosGroupslLega11N4HC~Amendment to Restriction for South Campus.doc Bk: 09016 Pg: 182 The Association will designate a limited number of parking spaces in convenient locations within all commercial parking lots to be reserved for carpools and vanpools for employees at the Property. (vi) On-Site Public Transportation Pass Sales The Association will encourage employers to make public transportation passes available to employees. The Association will also work with on- siteretailers to make public transportation passes available through retail outlets located on the Property. These efforts will be coordinated through the TMA. • (vii) Guaranteed-Ride-Home. Pro am The TMA provides aguaranteed-ride/home program for TMA members. ' The Association will work with employers to implement a guaranteed ride-home program that will serve to facilitate the use of carpool and vanpool services by employees of the development. Through the participation of their employers in the TMA, employees who choose to ' vanpool or carpool will have access to the TMA's program assuring that a • ~ ride home will be provided should they have to return home for personal ' •- 'or work-related'reasons. (viii) Bicycle Storage ' Secure on site bicycle storage will be provided for employees of the Property. In addition, the.Associationvill encourage commercial tenants and owners of Commercial Buildings to include on-site shower and locker facilities to encourage the use of bicycles by employees of the _ development. The Association will .also distribute to its commercial tenants information related to the Pioneer Valley Transit Authority ("PVTA")'"Rack and Roll" program, which allows commuters to utilize bath bicycle and public transportation as a means of commuting to work. Secure bicycle racks and/or storage lockers will be provided at convenient " locations proximate to employment centers on the Property. (ix) Public Transportation Connections to the Propertv The Village at Hospital Hillis situated approximately one mile from the nearest PVTA bus stop, which is located at the Academy of Music in downtown Northampton, The Association, through Lot Owner membership in theTMA, will work with the PVTA to determine the feasibility of including The Village at Hospital Hill as a stop on the regional transit routes currently serving the area: As future commercial and residential development of the Property proceeds and a critical mass -5- 11Massdevelopment.com~mdfalBosGroups~L.ega1~NOH01Amendment to Restriction for South Campus.doc ~- Bk: 09016 Pg: 1'83 of potential public transportation users is formed, the Association will work with the TMA and the PVTA to integrate the development into the PVTA bus system. As an interim measure to link the development to public transportation service currently available in the downtown azea of Northampton, the Association. will work with the City of Northampton and the TMA to provide a shuttle service between the development and the PVTA hub in downtown Northampton at the Academy of Music. The costs associated with this service will be determined by the TMA in consultation with the Association and may be integrated into the TMA membership fees assessed to the development and other participants that use the shuttle service. (x) Support for Car Sharing The Association will work with the TMA to evaluate the feasibility of providing a Zipcaz car-sharing program as part of the planned development. (xi) On-Site Banking Services The Association will work with employers within The Village at Hospital Hill to implement a direct deposit program for employee paychecks and reimbursements in order to reduce off-site automobile trips. In addition, the Association will attempt to locate automatic teller machine(s) within the Property. (xii) Additional On-Site Amenities The Association will work with the City, and azea businesses to provide an on-site dry cleaning pick-up service for the residents and businesses within the community. This service can be offered via a central location within the development or a mobile pick-up service. 6. Indemnification. Article III, Section 1 is hereby amended by adding the following new paragraph H to the end thereof: H. Indemnification. To the fullest extent permitted bylaw, the Association shall protect, defend, indemnify, grid save harmless Grantor from and against any and all liabilities, obligations, damages, penalties, claims, causes of action, costs, charges and expenses, including, without limitation, all reasonable attorney's fees and expenses, which maybe imposed upon or incurred by or asserted against Grantor as a result.of or arising aut of the performance of the. Mitigation Measures set forth herein, or any failure to perform the Mitigation Measures set forth herein, ar any negligent act or willful misconduct by the Association or any of its agents, -6- \1Massdevelopment.com\mdfa\BosGroupslLegal\NOHO\Amendment. to Restriction for South Campus.doc . ~. Bk: 09016 Pg: 184 contractors, or employees arising out of or related to the Mitigation Measures. 7. UtilityLines. Article III, Section 2(O) is hereby amended by adding the following sentence at the end of said section; The Association shall bear full responsibility for the cost, maintenance and repair of all utility lines that are not owned or accepted by the City of Northampton, and that are not located on any individual Lot Owner's propeztY. 8. Ratification of Declaration. Except as specifically amended by this Amendment, the Declaration is hereby ratified and confirmed. 9. Construction of ~,~tiv_. This Amendment shall be construed and enforced in accordance with the laws and decisions of the Commonwealth of Massachusetts. Any determination of invalidity or unenforceability of any provision of this Amendment shall not affect the validity or enforceability of the remaining provisions of this Amendment or the Declaration. 10. Exhibits. Exhibit C (the Findings) and Exhibit D (Stormwater Management Plan} attached to this Amendment shall be made a part of the Declaration for all purposes. 11. Capitalized: Terms. Unless otherwise defined herein, all capitalized terms used in this Amendment shall have the meanings ascribed to them in the Declaration. 12. Captions. The captions herein are inserted only as a matter of convenience, and for reference, and in no way define, limit or describe the scope of this Amendment nor the intent of any provision hereof. 13. Terms of Amendment to Control. In the event of any conflict between the terms of this Amendment and the terms of the'Declaration, the terms of the Amendment shall prevail. 14. Covenants Running, with the Land. The covenants and agreements created hereby are intended to be, and shall be deemed to be, covenants running with the land and are not personal to any individual party and shall be deemed to both benefit and burden the Froperty, in the manner provided herein. [remainder of page is intentionally blank] -7- 1~Massdevelopment.com~ndfa~BosGroups~I.,ega11NOH0~Amendment to Restriction for South Campus.doc ;,, Bk: 09016 Pg: 185 Executed under seal as of the date fast set forth above. HOSPITAL HILL DEVELOPMENT, LLC ' ~ By: Massachusetts Development Finance Agency, its Manager Bv: ~ O~ ~ -~ r Name: Richard Henderson Its: Executive Vice President for Real Estate Duly Authorized By signing below, The ommunity Builders, THE COMM BUILDERS, IN , By: Nar Its: N .8. \1Massdevelopment.comlmdfa\BosGroups\I,egal\NOHO\Amendment to Restriction for South Campus.doc Bk: 09016 Pg: 186 _ _. Exhibit C Section 61 Findings See attached document -9- \\Massdeveiopment:com\mdfalBosGroups\Legal\NOHO\Amendment to Restriction for South Campus.doc Bk: 09016 Pg: 187 s~cTio~ ~~ r~~-vai~c PROJECT NAME The Village at Hospital Hili PROJECT MUNICIPALITY Northampton PROJECT WATERSHED Connecticut EOEA NUMBER 12629 PRO}ECT PROPONENT MassDevelopment and The Community guilders, inc. (a.k.a. • Hospital Hill Development, LLC) 1,4 ' PROJECT DESCRtPT10N . t.1 Project Proponent Thfs protect is being conducted by MassDeveiopment and The Community Builders, Inc, (TCBI}. Together, MassDeveioprnent •and TCBI are carrying out the project as Hospital Hill Development, LLC (HHD). MassDevelopment (s the Managing Member of HHD. Thfs Section 61 Finding is being executed by Mass Development, pursuant to its responsibilities as a State Agency under Mass. General Laws Chapter 30, Section 61. Findings of impacts and commitments.to mitigation herein are made by MassDevelopment, acting on behalf of HHD, wh(ch is obligated to carry out the mitigation. 1.2 Sife DescrrpfiQn The project is the redevelopment of the former Northampton State Hospital (NSM). The ' project site is a hill west of downtown Northampton. The Mill River separates the site from the downtown Northampton area. . The project site is traversed by Route 66. The area south of Route-6b, referred to as the South Campus, is largely developed with the Memorial Complex •of buildings. South of the Memorial Complex the topography drops steeply down to Earle Street. There is a wetland area in the southwestern corner of the~South Campus, above Grove Street. North of Route • 66 is a largely developed area,'ref~rred to as the Main Campus, the northerly half of which P ' Is dominated by the Old Main building, To the north and east of the developed area Is wooded land and open space, dropping down to the boundary at the Mill River. NSH was IEsted in the National Register of Historic Places on July 2S, 1994, as a • contributing complex to a Multiple Property Submission of state hospitals and state schools, In general, while the project site was once a working hospital campus, today it shows the effect of years of neglect. The buildings are in various states of disrepair, vegetation has • ~ returned to a wild state, and road and paths through the campus are cracked and riddled with potholes.. • 170005C~TOl3A 1 Section 61 Findings Bk: 09016 Pg: 188 1.3 Projecf Descrlplion At full build-out, the project will include approximately 476,000 s.f, of mixed-use commercial space, comprising a mix of retail, office, light industrial, and research and developmentJmuiti media space as well as space for live-work studios, a child care center, a possible memorlal~ and the development of a 60-80 unit assisted living facility for seniors, The project will also include approximately 207 residential uriits, 100 of which' will be single-family homes and 107' of which will be mixed income rental housing. Overall, the goo) flf the residential components of the development will be to establish a diverse, mixed- income community, This includes a mix of housing types (52 percent rental and 48 percent homeownership) as well as a mix of affiordable and market rate housing (50 percent each). Further, the project proponent is comrriitted to make best efforts to insure that clients of the Massachusetts Department of Mental Health occupy 15 percent of the housing units. Primary access to the project will be provided by way of the existing main campus driveway located on Route 66, east of Prince Street, that will be recons#ructed to accommodate the planned development. The maJority of the commercia{ component of the development will be situated in the southern portion of the campus and will be accessed by way of Route 66 and Earle Street. The residential component of the development will be located in the northern portion of the campus•and will be accessed by way of Prince Street and the main driveway located on Route 66. Table 1 detafls.the current projected buildout by use for all phases of the project. Table 1 Projected Buiidout by'Type of Use; Square Feet Chfid Community/ kight Retail Office Care Cultural Industrial Induatrfal Totaf Phase I 19,000 53,000 - - - •80;000 152,000 .. Phase III 12,000 175,000. 16,000 25,000 9b,000 - 324,000 Total 31;000 228,000 16,000 25,000 96,000 80,000 476,040 'Phase II will include 60-60 units of assisted living, 2,0 IMPACTS AND MITIGATlCtN . As required by General Laws Ch. 30, Sec, 61, HHD has conducted a review of the environmental impacts of the above project. Having prepared an Expanded Environmental Notification Form (EENF, October 15, 200.1), .a Phase !Report (April 30, 2002), a Draft Environmental Impact Report (DEIR, April 30, 2003) and a Final Environmental impact Report (FEIR, September 30, 2003), HHD has determined the environmental impacts of the project, and evaluated mitigation for those impacts. Based 170Q09D7013A ~ 2 Section 61 Findings Bk: 09016 Pg: 189 upon the foregoing documents, HHD has determined that the impacts of the project are as described below, and commits to the specified mitigating measures. 2. r Transporfafion 2.1.1 Potentiallmpacts At full build, assuming trip generation as computed per Institute of Traffic Engineers (ITE) guidelines, the project would be expected to generate 8,616 external vehicle trips on an average weekday, of which 914 would take place in the AM peak hour (637 entering; 277 exiting) and 1,020 would take place in the PM peak hour (341 entering, 679 exiting). For detail, please 'see pp. 5-29 - 5-34 of the DEIR. The foregoing trips were assigned and distributed, and superimposed on background conditions including known development projects and a 1 °fo average annual background growth rate. Using accepted methodologies, traffic operations analysis•was conducted for both signalized and unsignalized intersections in the traffic study area. The results of the analysis are presented in Tables 5-10 and 5-11 of the DEIR (DEIR pp. 5-48 -- 5-57). HHD and MassDevelopment find that, without mitigation, the traffic increases from the project would cause potentially significant impacts at the following intersections: • Unsignaltzed lnfersectionsr 1. "Route 10 {South Street / Easthampton (toad) at Earle Street 2. Prince Street at West Street and Earle Street 3. Burts Pit Road at Florence Road 4. Prince Street at the Main Campus Driveway 5, Prince Street at the Campus Driveway (South Campus) Signalized intersections; 6, Main Street at New South Street and State Street 7. South Street and New South Street at Oid South Street The City of Northampton and members of the Citizens Advisory Committee expressed concern that the absence of anew connector between Prince Street and Route 10, would adversely impact the "village" character of the project south of Prince Street, and that traffic would cut through Laurel Street and western Grove Street adversely impacting the neighborhood. !n response to this concern, and as required by the MEPA Scope and. Certificates, HHD conducted an exhaustive analysis of alternative alignments for a new connector or for other ways of conveying traffic between Route 66 and. Route 10. Based on such analysis, and taking into consideration wetland constraints, topography and road i700090TO13A 3 _ - Section 61 F1ndings Bk: 09016 Pg: 190 design standards, HHD concluded that an upgraded Earle Street provided the most feasible and effective vehicular connection between Prince Street and Route 10, DEIR Section 5.7. Additional capacity analyses were presented in Tables 5-12 and 5-i3 of the DEIR. 2.1.2 Mitigation Transportation Remand Management Program HHD has committed to a program of both structural and non-structural mitigation for the foregoing impacts. The most effective means to avoid traffic impacts is to avoid caus(ng the traffic. Accordingly, HHD has committed to a comprehensive Transportation Demand Management (1'DM) program, intended to reduce trip generation by the project to a Level 3596 below the trip generation predicted by application of Il'E guidelines. Structure{ Mitigation relates to signalfzatfon of the unsignalized Intersections identified above (nos. 1 - 5), and the modification of signal timing of the two signalized (ntersectians (nos, 6; 7). The elements of the TDM program (see FEIR Section 2;0) are the following: . TMA Membership. NHD, when selling or (easing properly, will require Individual commercial tenants to~ become a member of The Village at Hospital HiII Landowners Association (Landowners Association). HHD or the property management team will oversee the Landowners Assodation, which w(I1 become a member of the Route 9 _ Transportation Management Association (Route 9 TMA).. The individual tenants, through membership dues paid to the Landowners Association, will contribute toward the TMA `~ membership dues, Initially, HHD will contribute $5,000 annually toward the Route 9 TMA . upon completion of the first commercial building within the community. As future development proceeds and as' additional commeraai tenants Join the Landowners Association, these businesses will fund the Route 9 TMA membership costs, which will be included in the individual association membership fees far each tenant. As a member of the Route 9 i'MA, NHD andlor~the Landowners Association will coordinate strategies and ~~ •programs offered by the TMA ind4ding the following: ~ Participation in area transportation events such as the Transportation Fair, Bicycle Commute Week, and other promotional events offered by the TMA. R' ~ Production and dissemination of TDM marketing materials and newsletters. e Links to the TMA's web site, ~ Completion of employee surveys. ~ Participation in transportation caordinatar training. t Participation in the guaranteed-ride-home program. rrooo9oror3A 4 Section 61 Findings Bk: 09016 Pg: 191 ~ Participation in ride matching programs. ~ Commuter Choice benefits. OrnSlte Transportation Coordinator. As a landlord, HHD •or its professional property ' manager will encourage individual tenants to designate an Individual to serve as the on-site Transportation Coordinator. HHD and/or the Landowners Association will also encourage ~ other commercial landowners to identify on-site Transportation Coordinators. The role of this individual Is to oversee the promotion and implementation of TDM programs and serve ,as the chief liaison with the Route 4 TMA and with building employees and state and city agencies, as required. • Public Transportation 1Harketing information. HHD and/or the Landowners Association will make information on public transportation alternatives available at various on-site / > locations, including commercial and residential areas and Other public places. HHD ' and/or the Landowners Association will include (nformation related to public transportation • in employee orientation material and leaselsales information fgr~prospective t®nants. • CarpoaWanpool Program. HHD and/or the ~ Landowners Association will provide ail employers within The Village at Hospital Hill with infarrnation for dissemination to ,~ employees regarding the services offered by the Route 9 TMA and CARAVAN for • Commuters, • Preferential Parking for Carpools and Yanpools. HHD and/or 'the Landowners Association will designate a limited number of parking spaces in convenient locations ~ within all commercial parking lots to be reserved for carpools and vanpools for employees at the Village at Hospital Hill. On,Site Public Transportation Pass Sa/en. HHD and/or the Landowners Association will encourage employers to make public transportation passes available to employees. Further, the landowners Assodation will Mork with on•site retailers to make public transportation ~ . passes available through on-site retail. outlets. This effort will be coordinated through the • Route 9. TMA. H Guarantee~Ride-Nome Program, The flouts 9 TMA provides aguaranteed-ride-home program for TMA members. HHD and/or the Landowners Association will work with employers to implement a guaranteed. ride-home program that will serve to facilitate the . use of carpool and varipool services by employees of the development. Through the participation of their employers in the TMA, employees who choose to vanpool or carpool ~ will have access to the TMA's program assuring that a ride home will be provided should • they have to return home for personal orwork-related reasons. Bicycle Sforage. Secure an-site bicycle storage will be provided for both employees and ' residents of The Village at. Hospital Hill, . (n addition, HHD and/or the Landowners r7~90TOr3~4 5 Section 61 findings Bk: 09016 Pg: 192 Association will work with commercial tenants and land owners to include on~site shower and laclcer facilities to encourage the use of bicycles by employees of the development. further, HHD and/or the Landowners Association will distribute information related to the Pioneer Valley Transit Authority PVTA'Rack and Roil' program which allows commuters to utilize both bicycle and public transportation as a means of commuting to work. Secure bicycle racks and/or storage lockers will be provided at convenient locations proximate to employment centers on~slte. Public Transparfafion Connections to fhe Site. The Village• at Hospital Hill is situated approximately one mile from the nearest PVTA bus stop, which is located at the Academy of Music in downtown Northampton. HHD and/or the Landowners Association, through tenant membership in the Route 9 TMA, will work with the .PVTA to determine the feasibility of Including The Village at Hospital Hill as a stop on the regional transit routes currently serving the area. As future commercial and residential development of the project site proceeds and a critical mass of potential public transportation users is formed, HHD and(or the Landowners Association will work with the Route 9 TMA and the PVl'A to integrate the development into the i'VTA bus system. As an interim measure to Ilnk the development to public transportation service currently available in the downtown area of Northampton, HHD and/or the Landowners Association will work with the City and the TMA to the provide a shuttle service between the development and the PVTA hub in downtown Northampton at the Academy of Music: The costs.associated with this service will be determined. by the TMA in consultation with HHb and/or the Landowners Association and will most likely be integrated into the TMA membership fee assessed to the development and other participants that use the shuttle service. Support for Car Sharing. Because of increased costs associated with car ownership and increasing environmental ..awareness, ear sharing is gaining in popularity. Zipcar, a Cambridge-based company, places cars in publicly accessible places and•offers them for rent on an hourly basis. Based on discussions with the Route 9 TMA, the use of Zipcar is currently under review as a potentiai TDM alternative for its members. While membership is required to use these vehicles and a per:mile. cast is assessed, this service is rapidly growing. HHD supports the carsharing initiative as well as the availability of rental car services in the area. This service provides an alternative option for transit, bicycle, or• other non-automobile commuters who have the need far a car during the business day. HHD and/or the Landowners Association will work with the Route 9 TMA to evaluate the / feasibility of providing a Zipcar program as a part of the planned development. On,Site Banking Services. HHD and/or the Landowners Association will work with employers within the development. to implement a direct deposit program for employee paychecks and reimbursements 'in order to reduce off-site automobile trips. In addition, HHD and/or the Landowners Association will attempt to locate automatic teller machine(s) within the development. 170009oT013~1 6 Section b 1 Findings Bk: 09016 Pg: 193 Additionai On-Site Amenities, HHD and/or the Landowners Association will work with the City, and area businesses to provide anon-site dry cleaning pick-up service for the residents: and businesses within the community. This service can be offered via a central location within the development or a mobile pick-up service. Monitoring Program As cammltted to in the Phase I Report and the DEIR, HHD will implement a transportation monitoring program that will measure actual performance characteristics of the project over time and will be used to determine the need for future Improvements a# the study intersections as the development is built-out. The objectives of the monitoring program are as follows: • ~ To quantify actual traffio-generation characteristic for the development (both peak hour and daily) for comparison to projected traffic levels, ® To evaluate. and refine the effectiveness of the TDM program for. the site, including employeeltenant mode shares, vehicle occupancy rates, bicycle use, etc. This portion . of the monitoring program will be used to determine baseline performance of die TDM program, and will serve as a basis for fine-tuning or adjusting the program to encourage alternative travel modes. ~ To refine~the timing and scope.of improvements to be implemented at key intersections serving The Village at Hospital Hill. Specifically, the installation of traffic signals at the Route 10 / Earle Street, >carle /West /Prince Street, Route 66 /The Village at Hospital Hill main driveways 1 Prince Street and Burts Pit Road /Florence Road intersections can not be campleted.untilsnch time as traffic signal warran#s are met. Results of the monitoring program shall be campi{ed and submikted to MassHighway District il, the Northampton DPW, the Pioneer Valley Planning Commission, and the Northampton Office of Planning and Development. The elementsof the program are as follows: . Traffic. Counts. The count program will be administered under the direction of HHD. An initial counting program wHl be conducted in the spring of 2005 to update the 2001 Na build Conditions documented in the Draft EIR. Subsequent annual reporting will be conducted following occupancy of the first commercial building. One month prior to conducting .the counts, HHD shall forward the proposed counting program, including la~ations for automatic traffic recorders and turning movement counts, for comment to •. MassHighway District 2, the Northampton DPW, the Pioneer Valley Planning Commission, and the Northampton Office of Planning and Development. Comments received shall be taken into consideration in implementing the counting program. Following the counts, the . data shail~be tabulated and compared to the AM and PM peak hour volumes far the 2001 1T00090TOf3A 1 Section 61 Findings i __- _ --- Bk: 09016 Pg: 194 Existing Condition, 2006 No-Build Condition, and 2006 Build Condition (pEiR Figs. 5-4, 5- 5; 5-8, 5-4; 5.14, 5.15), The annual traffic monitoring program shall be conducted until two years after completion of the project. • The initia! counting program will count all project driveways, pins the following locations: 1 Route 10 at Earle Street / Earle Street at Grove Street i Grove Street at Laurel 5treet t Earle 5treet at West and Prince Street 1 Route 66 at Prince Street ~ • ~ Route 66 at Grove Street ~ Route b6 at Laurel Street Additional intersections such ~as Bums Plt Road at Florence Road may be added in the future, but will not be part of the initial program: Upon occupancy of the first commercial building, spot speed measurements along Grave Street and Laurel Street will be conducted. Employee/Tenant Survey. Adrrsinistration of an empioyeeltenant survey annually to measure transit use, carpooling, carsharing, bicycle use, and participation in programs offered through the Route 9 TMA. This will include reporting of employerltenant participation in programs offered by the Route 9 TM/l. Trip-Generation Surveys. Collection of peak-hour TMCs and ATRs •at community driveways during a typical weekday, Observed trip generation will be compared to levels ~. calculated for actual building use, density, and employment using standard trip rates published by the ITE. Traffic Signal Warrants Analyaia. As a part of the annual traffic monitoring program, a Traffic Signal Warrants Analysis (TSWA) will be completed at the following Intersections; Route 10 !Earle Street, Route 66 / Earle Street, Route b6 /The Village at Hospital Hill •driveways /Prince Street, Bunts Pit Road /Florence Road: The results of the TSWA will be provided to the City of hforthampton and MassHjghway, and will be used as the basis of determining the timing and need for the implementation of tiaffic cbntro{ Improvements at these locations. 1700o9OTO18~ 8 Secttan 6t Findings Bk: 09016 Pg: 195 Signalization HHD's commitments regarding signalizatlon are the fallowing: Route 10/Facie Streetintersecfion. HHD will design and construct improvements to Earle Street between Route 10 and Route 66. If the City and State are unable to secure traditional sources of funding for signailzation of a state highway through the TIP process, and an alternative funding source cannot be identified, HND wilt fund and Install the signal. Earle Street /Prince Street/West Street intersection. HHD has agreed with Massachusetts Highway Department (MassHighway) to cast-sharing •for the redesign and construction of Rt. bb improvements and placement of signal conduits. HHD will waric carefu{ly with the City to achieve funding for the signal. Traffic volumes and operating conditions at this intersection will be monitored on an annual basis as a part of the traffic monitoring program . for the development. if the installatiorS of a traffic signal is found to be warranted and funding has not been identified for construction, HHD will fund and install the signal. Prince Street /Main Gate interaecHon. HHD has agreed with MassHighway to cost • sharing for the redesign and construction of Rt. 66 improvements and placement of signal conduits, HHD will seek alternate funding sources for the installation of a traffic signal, if and when warranted, if an altemative funding source cannot be identified, HHD will fund • and install the signal when warrants are met. Florence /Bums Pit !toad intersection. The need for future sfgnalization is marginal and dependent on a number of factors relative to the rate of future development in the area, HHD will design a signal when warrants are met. if signallzation is warranted, HHD will work with the City to identify an appropriate funding source. • Maln Street at New Sautfi Street atxl State Street. Traffic flow may be improved with • optimization of signal timing. HHD will prepare an optimal signal timing and phasing plan, and will.implement It as par#•of the.redevelopment protect acid as deemed necessary by the City. . South Street at New Soutfi Street and Old South Street. Traffic flaw may be Improved • with optimisation of signal timing. HHD will prepare an optimal signal timing and phasing ' plan, and will implement it as part of the redevelopment project and as deemed necessary by the city. Additional Measures as requested by the CAC HHD has committed to implement a menu of traffic calming measures determined by the City that were detailed In the DEIR for the Grave Streetll..aure) Street area.• These measures include the'following: 17000907'0135 9 Section 61 Findings Bk: 09016 Pg: 196 • Restrict a portion of Laurel Street between Route 66 and Grove Street to function as a ane-way southbound roadway. • Restrict Grove Street between Laurel Street and Earle Street to function as a one-way eastbound roadway. • Install traffic calming measures, including a raised intersection at the intersection of Grove Street at Laurel Street and/or speed `humps' along Laurel Street, between iZoute bb and Grove Street, and on Grave Street. .Install chokers to reduce the width of Laurel Street appraaching~Grove Street and/or on Grove Street approaching Earle Street. These suggested measures can be implemented individually or in combination to produce the, desired traffic patterns. Priar to implementation of any of the suggested modifications, the City of Northampton Police and Fire Departments will review the impact of the modifi.catiaris on emergency vehicle response times to the area, The need to• implement one or more of the suggested traffic calming measures would be documented in conjunction with the annual traffic monitoring program to be undertaken by HHD in consultation with the City and CAC. • Subject to warrants being met and approval by the Northampton DPW, HHD will commit to install a 3-way stop and raised intersection at the intersection of Grove Street at Laurel Street by completion of Phase I. The design and construction of other appropriate traffic calming measures will be defined in consultation with the City and MassHighway (Route • 6b at Grave Street intersection). HHD will bear the cost of traffic calming measures, with ' the exception of the Grove Street / Rt. 66 tntersection, which is being accomplisfied as part of the Rt. 6b reconstruction. • HHD will expand the annual traffic monitoring program to include spot speed measurements along Grave and Lawret Streets. If the measured ti5s' percentile speed is • ~ found to exceed 30 mph, HHD will design and install appropriate traffic calming measures • along these roadways in consultation with and as approved by the City of Northampton • DPW, Fire and Police Departments. With implementation of the above mitigation, " MassDevelapment finds that all feasible means and measures will be taken to avoid or minimize potential traffic impacts of the project. Z.~ Wafer Supply and Wastewater 2.2.1 Potentiallmpacts Average daily water use and wastewater generation at Full-build is 98,660 gpd. These estimates are based on Title V of the State Sanitary Code {31~ CMIZ 5,00), and are t700090TOt.~1 10 Section 61 findings Bk: 09016 Pg: 197 conservatively high. The City of Northampton's potable water supply is adequate to supply the Full-build. (Phase i Report, p. 6.1.) The City of Narthamptor~'s wastewater disposal capability has capacity to treat wastewater from the project. (Phase I Report, p. 6-1.) Northampton's water supply distribution system was evaluated to determine adequacy of transmission mains. The reconstruction of Routs 66, in prpgress, Includes the replacement of existing water main with 12-inch diameter main. The Northampton Department of ' Public Works water distribution system computer model was utilized to determine water system capacity and ability to handle the Fuli-build. Water system pressures and adequacy to meet fire flow requirements were evaluated. It was concluded that the water distrjbution system, with the Route 66 reconstruction, has sufficient capacity to supply the Fufl-build and meet potential fire flaw needs. The wastewater collection system was investigated and analyzed. For the DEIR, the capacity of sewer mains serving• the site was evaluated, and it was determined that those mains have reserved capacity well (n excess of anticipated peak flow increases from the Full-build. In addition to the above analysis, and at.the request of the Northampton DPW, a further evaluation was also conducted of a ZO '~-inch siphon under the Mill River. Finally, ac~osed-circuit television investigation of the sewer pipes within Earle Street and downstream to Clarke Avenue was conducted. Observed defects were limited to root intrusion at a manhole• in Eerie Street, corrosion of a 10-foot long pipe section in Earle Street and the ends of the cast iron siphon under the Mili River, and two protruding services. within the sewer in West Street. 2.2.2 ~ Mitigation All consirud(on in the project will meet the water-conservation requirements ~of the State Plumbing code. ~ As part of the reconstruction of Earle Street, HHD will replace the corroded section of sewer pipe in .Earle Street and will correct the root intrusion at one manhole. WEth implementation of the above mitigation, MassDevelopment finds that all feasible means and measures will be taken to avoid or minimize potential water and wastewater impacts of the project. 2.3 Stormwater and Wetlands 2.3.1 Potentia) Impacts The development envelope ofthe'site is approximately 90.4 acres, for existing conditions, this was subdivided into five drainage basins, based upon existing stormwater flows. 1=or proposed conditions, based upon land use and soils, potential changes in peak flow were evaluated, for' the 2-year, 10-year, 25-year and 100-year storm. Without stormwater management facilities, peak runoff in two of the drainage areas would increase modestly, 1740U9DT013r1 i i Section 61 Findings Bk: 09016 Pg: 198 and in two other drainage areas the peak runoff would be less than in the existing condition (this is because of the fact that the site In the existing condition with many large buildings, parking areas and driveways generates significant runoff with no stormwater attenuation faciiities), DEIR, pp. Cr1 ; 6.9, No potential wetland impacts• from development of the site have been identified. Significant attention was devoted to identifying an alternative alignment to Ridge Street, which (as laid out on the Master Pian) would have Impacted borderln$ vegetated wetland both north and south of Grove Street. Earle Street south of Grove Street is proximate to the' Mill River, and is near bordering vegetated wetland and within the 200' riverfront area. Upon preparation of the design for upgraded Earle Street, the potential extent of impacts to bordering vegetated wetland and riverfront area will'be determined. Upon preparation of design for bicyc{e and pedestrian pathways, and drainage facilities, the potential extent of any other impacts to bordering vegetated wetland and riverfront area will be determined, 2.3.2 Mitigation A stormwater Management Pian for the project has been developed based on rStormwater Management - stormwater Policy Handbooks Volumes 1 and z' by the Massachusetts Department of Environmen#al Protection, which is used as guidance by both state and local regulatory agencies. The Stormwater•Policy identities nine performance standards that•site development projects should meet. The standards and a brief response of how the proposed project.will achieve compliance with each.standard is provided below. 1. No new stormwater conveyances may discharge untreated stormwater directly to or cause erosion in wetlands or waters of the Commonwealth. • Ali proposed drainage areas will incorporate structural and non-structural .Best Management Practices (BMPs} to treat runoff prior to discharge to waters of the Commonwealth. Downstream •eroslon will be deterred through use of outfall stabgization.methods (such as•riprap splash pads} as applicable, Aiso, eroslon is less likely to occur since the proposed peak runoff wiN'be equal to or less than existing peak runoff. 2. stormwater management systems must be designed so that post-development peak discharge rates do not exceed pre-development peak dlscharge~rates. stormwater detention basins will be implemented such that proposed peak runoff will be equal to or less than existing peak runoff for ail drainage areas as well as the total site. The stormwater management and infrastructure has been further designed during the Definitive Subdivision Plan submittal, and thus differs from the stormwater management design referenced in the Elft; However, the post-development peak discharge rates remain .as equal to or less than the pre-development peak discharge rates, 17ooo90TOr3~l i2 Section 61 Findings Bk: 09016 Pg: 199 3, loss of annual recharge to groundwater should be minimized through the use of infiltration measures to the maximum extent practicable, The annual recharge from the post-development site should approximate tfie annual recharge from the pre- . development of existing site conditions, based on soil types. Infiltration trenches and dry wells will be used to the extent practicable in areas of permeable soils to recharge. surface flows to groundwater. Stormwater detention basins may also be designed with an infiltration component if suitable underlying soils are found in those areas. The groundwater recharge volume will be' based on the area.~of impervious coverage over the hydrologic soil groups (HSGs) as follows: 0.4 inches for Type A sails, 0.25 inches for Type B soils, and 0,1 inches for Type C soils. 4. for new development, stormwater management systems must be designed to remove 80% of dte average annual load of Total Suspended Solids (TSS), The 80°,6 TSS removal rates will be accomplished through a various structural BMPs including deep-lumped hooded catch basins,. detention basins, sediment forebays, infiltration trenches, dry wells, and water quality swales, as well as non-structural BMPs such as street sweeping. Most runoff will be routed through the typical series of BMPs which will include street sweeping, deep-lumped hooded catch basins, sediment forebay, and detention basin providing a composite TSS removal of approximately 87%. 5. Stormwater discharges from areas with higher potential pollutant loads require the use of specific stormwater management BMPs. There are no proposed land uses that are defln~e~d under the stormwater policy as having a higher potential pollutant toad. 6. Stormwater discharges to critical areas must utilize stormw.ater management BMPs approved for critical areas. .. The project does not have any discharges to a critical area as defined by the stormwater policy. M1. 7. Redevelopment of previously developed sites must meet the Stormwater Management Standards to the maximum extent practicable. However, if it is rrot practicable to meet all the Standards, new Stormwater management systems must be designed to improve existing conditions. The prapased project principally Involves, the redevelopment of the former Northampton State Hospital. Structural and non-structural Stormwater BMPs have been provided to attenuate and treat runoff from the proposed conditions to the extent practicable and result in an improvement over existing conditions. 170049QTUt3rt f 3 Section 61 findings Bk: 09016 Pg: 200 8, Erosion and sediment controls must be implemented to prevent impacts during construction or land diswrbance activities: Various methods will be utilized to minimize the erosion of disturbed surfaces and ' transport of sediments within the Iimlt of work and onto adjacent properties during construction activities. The most prevalent erosion and sediment control methods to be used will included haybalelsilt fence combinations, temporary diversion channels, sediment traps, stabilized construction entrances, and slope stabilization. Implementation of the erosion and sediment controls will be in accordance with the "Massachusetts Erosion and Sediment Control Guidelines for Urban and Suburban Areas - A Guide for Planners, Designers and Municipal Officials" by the Massachusetts Department of Environmental Protection.. A description of each method cited is ' provided below. Construction Staging Areas. Construction staging areas will be located outside of wetland resource areas and buffer zones. Haybale /Silt Fence Combination. Haybales are set "butt to butt" into the ground and secured to the ground by two wood stakes. Silt fences are asemi-permeable barrier made of a~synthetic fabric stapled to wooden stakes secured into the ground. Placed side-by side (usually perpendicular to the surface flow), the haybale/silt fence combination provides a barrier to the runoff, resulting in slorVer flow velocities in which entrained sediment can Bettie out and remain within the limit of disturbance. Temporary Diversion. Channels, Temporary diversion channels a're typical shallow ditches or berms that are placed to intercept sheet runaff. The purpose may be either to direct the intercepted flow away from a sensitive area (such as a steep slope) or into a sediment trap, These channels are sometimes .seeded to provide vegetative protection against erosive velacities. Sediment Traps. Temporary sediment traps are excavated or bermed facilities That provide a storage volume for runoff such that entrained sediments may settle over a set time. Sediment traps are typically implemented at the low'points within the area of disturbance in conjunction with fempo'rary diversion channels, N Stabilized Construction Entrance. Stabilized construction entrances will be established at each construction egress to enhance removal of soils/muds atfached to tires, prior to construction vehicles entering public roads, The entrance is comprised of a minimum 25- foot wide, 6-Inch thick bed of 2-inch crushed stone extending a distance of at least 50 feet into the construction site. Stone will be replenished as necessary to maintain proper dimensions and function. Tire washes will be provided if the stabilized construMion entrance is deemed inadequate alone. r700090T013A ~ 14 . Section t;l Findings Bk: 09016 Pg: 201 Vegetative Stabilization. Temporary slope stabilization will utilize seeding with annual grasses (such as annual rye) due to rapid germination and production of rootmass. Permanent vegetation will utilize perennial grasses. Establishment of vegetative cover will typically be performed by hydroseeding, although sodding may be used in permanent, landscaped areas. Suitable topsoil, proper seed bed preparation, lime, fertilizer and consistent watering are required for effective establishment of vegetative stabilization. Mulch may also be used for permanent seeding for erosion-prone area, suds as steep slopes. Operation and Maintenance Plan. The Stormwater Management Plan will identify the operation and maintenance (O&M) activities that shall be the responsibility of the orrsite contractor. At a minimum, the erosion and sediment control O&M plan w111 have the following components: ~ Sediment within traps will be removed if more than one-third full. Sediments.behfnd haybalelsilt fence combinations will be removed if greater than 6 inches. . • All erosion and sediment controls wNl be inspected after each rain event. Debris will be removed. ~ Maintenance personnel wilt keep records of inspection and maintenance activities including date and description of activities performed. + Any erosion and sediment control found to be functioning improperly will be repaired or replaced accordingly. ~ erosion and sediment controls will remain in place until al! tributary areas have been stabilized. After removal of controls, tha disturbed areas will,be regraded and stabilized as necessary. • 9. Ali stormwater management systems must have an operation ar~d maintenance plan to ensure that systems function as designed. The design of the proposed srormwater facilities will include a detailed operation and ,~ maintenance (O&M) plan including a description, inspection and implementation schedules, and procedures for carrying out each activity associated for each BMP.. Where/ ~/ stormw,ater facilities are not publicly owned, the landowners Association .will ,be responsible far maintenance. At a minimum, the stormwater management O&M plan will have the following components; ~ Street sweeping will be performed every spring. + peep-lumped, liooded catch basins will be cleaned once per year. ~- Sediment within forebays will be removed if more than one-third full. 17o0090T013rt 15 Section 61 Findings Bk: 09016 Pg: 202 • Detention facilities will bs inspected after major storms (greater than 0.5 inches of rainfall). Debris will be removed. ~ Vegetated liMPs will be mowed at least twice per year, Woody vegetation will be removed. • Maintenance personnel will keep records of inspection and maintenance activities including date and description of activities performed. o Any structural BMP found to be functioning improperly will be repaired or replaced accordingly. Upon design of any facilities potentially affecting wetlands (e.g., upgraded Earle Street, pedestrian and bicycle paths, drainage lines), a Notice of Intent will be filled with .the Northampton Conservation Commission, identifying potential impacts on resource areas and demonstrating that the interests of the MA Wetlands Protection Act, and :the Northampton Wetlands Bylaw; are met. No activity subject to the Jurisdiction of the Northampton Conservation Commission will be carried out until a Final Order of Conditions has been received. As detailed design proceeds, if any•of the above measures require modification to address sits-specific requirements, they maybe adjusted, provided that the stormwater management program shall meet the requirements of the MA stormwater Management Guidelines. With implementation of the above mitigation, MassDevelopment finds that all feasible means and measures will be taken to avoid or minimize potential stormwater impacts of the project, • 2.~ Hisfaric 2.4.7 Potential impacts The act of disposition of Northampton State Hospital (NSH), a -complex listed in the National Register of Historic P{aces, required DCAM (formerly DCPO) to develop a Memorandum of Agreement (MOA) with the Massachusetts•Historlcal Commission (MHC). The future designated developer {HHD) was directed to carry out th.e stipulations of the MOA. The stipulations of the MOA were developed to mitigate potential impacts to NSH which included the disposition and redevelopment of state property. The MOA also took into consideration the City of Northampton's. proposed plan for NSH which would include the possible reuse or demoiidon of historically significant buildings, riew•constt`uction, and preservation of agricultural lands and open space under city zoning. The spirit of the MOA encouraged the examination of the reuse potential of contributing buildings and {andscapes {including use of the Rehabilitation Investment Tax Crediq and rehabilitation of those buildings and landscapes where feasible. r7ooa3oroian r6 section sr Findings Bk: 09016 Pg: 203 2.4.2 Mitigation HHD was awarded the development project following the RFp process and has carried out the stipulations of the MOA as the des(gnated developer. The Fuil Build development will pursue rehabilitation of nine contributing buildings on dte Northampton State Hospital campus where feasible. Since filing the DEIR, TCB has agreed to reexamine the potential for rehabilitation of the North Employees Home and the North Infirmary, The remaining 38 contributing structures in the project area are scheduled for demolition to allow for the development of the VlUage at Hospital Hiil. The proponent will also continue to pursue wherever feasible the retention and rehabilitation of historic landscape elements, including specimen trees, as part of the proposed Master plan, in compliance with the MOA and the directives of the CAC, studies were undertaken to investigate the possibility of stabilizing, retaining and re-using all contributing and non- contributing buildings on the NSH campus as part of the master planning process, tt was determined that nine of the 47 contributing buildings of the campus may be, or have the potential to be, feasibly rehabilitated and reused. Extensive studies were undertaken to investigate the stabilization, retention and reuse potential far all or part of Old Main, and specifically the Kirkbride section. The studies included the development of two alternative floor plans for residential units and, at the request of the CAC, a plan for the reuse of the facade of the Kirkbride section of the building.. An outside developer known as ArtSpace, identified by Save Old Main, also undertook a study of Old Main for reuse as artist Ifve/work space. Both studies independently determined that the reuse of the Kirkbride section and the North and South Infirmaries were cost prohibitive, even taking into account the 'potential use of the Rehabilitation investment lax Credit. The CAC agreed with this determination and passed a motion to not expend funds on the interim stabilization of Old Main and noted that if a viable apporturtity should arise in the future, the reuse of Old Main will be considered in relation to the Master Pian. In response ...... ~ ....,,..., _... _.. k _. . tote C motion, sta ilization, efforts were not undertaken aver the winter of 2002, " HHD plans to proceed with the demolition of Old Main as soap as passible, Selective salvage of significant architectural details of Old Main is antidpated as part of the winning bid, New construction will be sensitively designed to take into consideration the historic district, Where feasible, portions of the historically landscaped grounds will be retained far continued use as passive recreation space and fire agricultural land has already been placed under a conservation restriction. HHD will continue to work with the City to design an appropriate memorial at the Hospital and construct it as part of the development. That memorial may include all or part of the documentation of the campus'completed by HHD and submitted to the MHC and the City in compliance with the MOA. 17o0o9~TUt3,1 17 5ectlon b1 Flndtngs Bk: 09016 Pg: 204 I With implementation of the above mitigation, MassDevelopment finds that all feasible means and measures will be taken to avoid or minimize potential historic impacts of the project. 2.5 Susfainable Development 2,5,1 ~ Executive order #385 E.O. #385 has an overriding objective of promoting economic growth that does not derogate from env(ronrnental qual:rty, It requires state• agencies to promote sustainable economic development which is supported by adequate. infrastructure, In their perm(tting decisions. Further, it mandates that agencies prefer reuse of previously developed areas, structures, and infrastructure over new construction. it requires analysis of a proposed project's consistency- with formally accepted growth management plans and with local and regional planning objectives. It encourages the pursuit of economic development through provision of incentives and assfstanGe to interested private parties as well as local and regional. governments ~ and organizations. Finally, it also requires coordination with state agencies and local and regional planning entities, The proposed project is fully consistent with E,O. #385, MassDevelopment was chartered to link public resources to private financial techniques, with the overall objective of promoting economic development. in pursuing the redevelopment of Northampton State Hospital, MassDevelopment teamed with TCBI, on the private sector side, to create HHD, take over an asset under the custody of the MA Division of Capital Asset Management and pursue jointly the development plan. sorb proponents have worked with local planning authorities to bring about a redevelopment program that blends with local and regiona•I planning objectives. Fundamenta! to the development concept is that NSH involves the rehabilitation anti revitalization of infrastructure, structures and a site that.was previously developed and is suitable for economic reuse, in preference to the development of a~greenfield site. Finally, by pursuing an extensive period of coordinated ,planning, inc{uding but not limited to this MEPA review, HHD concentrated on bringing about economic development without adverse enviranmentai consequences. Ali of the foregoing activities are consistent with the language and objectives of E.O. #385 .2.5'.2 Smart Growfb and Green Arcirifecture Smart Growth is fundamental to the concept of The Village at Hospital Hill. The redevelopment of the central portion of NSH, while other landholdings have been preserved for agriculture, conservation and open space, ho+asing and other uses, establishes the overall context. for tfie project. Within this framework, the placement of a diverse, mixed-use project at the site, the Incorporation of village elements, Including appropriate levels of retail along with a mix of employment and• housing opportunities; proximity yet 1700090T0J3.i 1•& Sedfort fit FIn logs Bk: 09016 Pg: 205 geographic distinctness from downtown Northampton, and a combination of the old and the new, all will make The Village at Haspital Hili an important example of Smart Growth. The various issues that have been examined for this Ela, including but not limited to comprehensive rather than incremental stormwater planning, early assessment of traffic needs and establishing of a TDM program and annual monitoring, Identification and avoidance 'of wetland resources, and in general the evaluation of infrastructure .and .strengthening it where required to support the project, are further examples of Smart Growth, as weN as consistency with E,O. # 385. . • HHD expects to see elements of Green Architecture Incorporated into the project, regardless of whether the developers of individual components of the project pursue LEER certification, or otherwise utilize environmentally,-friendly, energy- and resource-efficient design. Within HHD, NiassDevekapment will not itself be developing industrial or • commercial components of the project, but will. market the property to other users. In its marketing, MassDevelapment •wil! identify The Village ~at Hospital Hlii as the type of community where Green Architecxure would be regarded with'special favor. On the housing side, TCBI may itself be a developer, utilizing such financing and resources as it is able to (dentify within the private and public sector. TCB! will seek out and apply far all pertinent resources that offer support for 'Greeen' design. HHD will work with the CAC and the City to develop a protocol for. informing prospective buyers of buildings and land about the availability of MassDeveiopment financing programs and far providing outreach, education and referrals intended.to promote sustainable development as third party end • users occupy and develop the site. 2.7 Coitsfrurtiarr Mifi'gatiort 2.7,1 Potentiallmpacts Construction andlor demolition activities at NSH will extend throughout the potential fifteen ear buiid•out period of the project. Depending on location and nature of construction, work may be contracted for by HHD or by future transferees. Without careful planning, construction impacts on traffic, air quality, noise; and erosion/sedimentation coup ensue. 2.7,2 Mitigation All work will be required to comply with all applicable federal, state and local regulations, ~. Moreover, in each instance 'the selected construction contractor(s) will be required to • ~ submit a Construction Management Plan (CMP) prior to the commencement of construction. The plan will address potential air, noise, and traffic impacts and hours of operations and will provide a plan to eliminate, minimize, or mitigate these impacts, The ' construction contractor(s) will be bound~to the terms of the CMP. Typ(cal controls that may be incorporated into a CMP are listed below... 17'0409OTOt3r1 19 Section 61 Findings Bk: 09016 Pg: 206 TratHc In order to minimize construction related traffic impacts associated with the planned development, the project proponent will work with the City and contractors to implement the following measures: ~ Designated truck routes to and from the development will be established with the Clty of Northampton in order to reduce or eliminate project related construction truck traffic from neighborhood areas, ~ Construction worker parking will not be permitted on street unless so designated with the City of Norkhampton Police Department. + Construction workers will be encouraged to utilize public transportation and/or carpool/vanpool to the project site in order to reduce construction related traffic to the development. i The project proponent and/or the contractor will coordinate all construction activities to be performed within the public right-of--way with the City of Northampton Police Department and the Department of.Public Works. ~ Secure on-site storage will be provided for tools~and equipment in an effort to minimize construction related veh(cle trips to the site. Full or partial street closures will be avoided to the extent possible. Any street closure or lane use reduction wll.l~ be coordinated with the City of Northampton Police Department. and will be {invited to off-peak periods. Prior to the implementation of any work within the public right-of-way, the contractor will submit to the City of Northampton Police Department and the Department of Public Works for review and approval, a traffic and pedestrian management plan. Air Qualify Air quality impacts associated with construction activities may generate fugitive dust, which could result~in localized increases in airborne particulate levels. Fugitive dust emissions from construction activities will depend on such factors as the properties of the emitting surfaces (e,g„ moisture content and area of exposed soil or debris), meteorological variables, and construction practices employed. 7o reduce emission of fugitive dust and minimize impacts an the local environment, the construction contractor will adhere to a number of strictly enforced mitigation measures. These include: ~ Wetting agents wiii be used regularly to control and suppress dust for exposed areas, 17o0040TO13r1 2A Section 6t Findings Bk: 09016 Pg: 207 e Water will be applied during active building demolition operations and while trucks are being loaded with demolition debris. . e All trucks transporting debris to or from the site will be fully covered. Construction practices will be monitored to ensure that unnecessary transfers and mechanical disturbances of loose materials are minimized. Surrounding streets will be cleaned throughout the demolition and foundation construction period to minimize dust accumulations. Any other off-site construction debris will be removed as soon as observed. The proponent will work with DEP Western Region to determine the feasibility of a pilot program for Implementakion of DEP's Clean Air Construction initiative. Noise and Operaffng Houre Every reasonable effort will be made to minimize the noise generated by construction activities. Mitigation measures w111 include; f A proactive program to ensure compliance with the City of Northampton noise ordinance. ~ Using mufflers on ail construction equipment including ongoing maintenance of intake and exhaust systems. • Muffling enclosures on continuously running equipment, such as air compressors and welding generators. ~ Replacing specific construction operations and techniques by less noisy ones where feasible (e.g., mixing concrete off-site instead of on site). r Scheduling equipment operations to keep average levels low, to synchronize noisiest operations with times of higf~est ambient noise levels, and `to maintain relatively uniform noise levels. ~ Turning off idling equipment. ~ Locating noisy equipment as far as possible from sensitive areas. The hours of operation far demolition and construction activities are typically limited to 7:00 a.m. to 5;00 p.m., with occasional exemptions approved on a case-by-case basis for special conditions. For example, if street closure were required far a particular activity, evening work may be required to minimize traffic Impacts. This will be coordinated with the City and project site abutters in order to minimize impact an vehlcular.and pedestrian traffic and abutter operations. Where specific conditions warrant it, extended or truncated 17040907013~i 21 Section 61 Findings Bk: 09016 Pg: 208 working hours may be utilized, recognizing that in some circumstances, neighborhood impacts may be lessened by~an early start or early cessation of construction, and also that the duration of construction impacts may.generally be lessened by longer working hours. Erosion andSedimentafion Currently, the working area is gently sloping, and comprised of many impervious surfaces, buildings and other structures. in areas where the contractor is required to work where there is the potential for sedimentation to flow over pervious areas to sensitive areas, the contractor wifi be required to install typical sedimentationlerosion control ~Sest Management Practices" (BMps) such as trenched siltation fence and staked hay bale barriers. Existing on-site stormwater inlets will be temporarily protected during. construction activities in order to prevent sediment or demolition debris from entering the drainage system. Filter fabric will be inserted into the catch basins just below the grating. All trapping structures will be inspected after every rainstorm and repairs made as necessary. Demolifion and Recycling Demolition procedures will be carefully planned through development of 'bid specifications, selection of contractor, .compliance with ail DEP reciuirements, and following a careful sequence to minimize any impacts, Environmental mitigation measures will be stringently enforced ~by the HHD Clerk of the Works and the engineering firm providing demolition oversight. Prior to notice to proceed to the demolition contractor, HHD will conduct a detailed investigation of asbestos and lead in the structure, and will complete the abatement of asbestos. Immobile equipment, such as the crane; will be re-fueled in place by a small fuel truck. Smaller, mobile equipment such as•dump trucks will fuel at a designated location ort-site. Fuel will not be stored within 18D feet of any wetland resource.area. Ali mobile equipment (excluding the Immobile crane) will be parked in a secure location during the overnight hours. As salvageable materials era removed, they will be stockpiled on-site near or within the existing building footprint, and loaded for sale and shipment offsite, The remaining demolition materials and construction debris will be contained on-site within the existing footprint of the building. Prior to their reuse on-like or removal to a sultahle~off-site disposal location, the rubble will ba crushed and temporarily stockpiled in a designated •location or locations proximate to the worksite, Soil disturbance on the project will be limited to excavations to cap utilities, remove steam tunnels and remove foundation walls. Where those excavation activities have the potential 1700090T1)r3A ~ 21 Section 61 Findings Bk: 09016 Pg: 209 to impact storm drain systems or Buffer Zones, the demolition specifications will require siltation control. Street sweeping and off-site debris removal of all materials that are not suitable for use as structural backflll will also be required. Existing on-site stormwater inlets will be temporarily protected during demolition activities in order to prevent sediment or demolition debris from entering the drainage system. Filter 'fabric will be inserted into the catch basins just below the grating. Ali trapping structures will .be inspected after every rainstorm and repairs made as necessary. Best Management Practices will be implemented for dust control, to reduce surface and air movement of dust from exposed soil surfaces and demolition activities; • larger buildings and structures will be demoilshed incrementally on a section by ' section/wail by waif basis. Standing walls will act as barriers, which will control air currents and :blowing materials. + Water sprays .wilt be required to control dust migration during alive building . demolition, crushing and truck loading. + Where necessary, the site will be sprinkled with water until the surface is wet. Particular attention will be paid to haul roads aril other traffic routes as well as the interior of the buildings. ~ ' + Contract specifications will require the periodic sweeping of nff--site adjacent streets (weekly minimum) tq prevent tracked dirt from accumulating. With implementation of the above mitiga#fon, MassDevelopment finds that all feasible means and measures will be taken to'avoid or minimize potential construction impacts of the project. 3.0 Secfion 61 Conclusion Therefore, pursuant to M.G.L. c, 30, Section 61, acting in its own capacity acrd as Managing Member of Hospital Hill Development LLC, MassDevelopment finds that all feasible means • and measures are.being utilized to avoid or minimize potentla! damage to the environment " by the project. By: Date: /`laY i4~r '20~ T 17000907Ut3~5 23 Section fit Fin ings ~ e 5 ~ Bk: 09016 Pg: 210 Exhibit D Storm Water Management Plan See attached document. F -10- \\Massdevelopment,comltndfa\BosGroups\Lega11N4HU1A,mendment to Restriction for South Carnpus.doc ,~ Bk: 09016 Pg: 211 THE VILLAGE AT HOSPITAL RILL NORTHANIP'rON, IiZA.SSACHTJSETTS OPERATION AND MAINTENANCE PLAN. The following O & M Plan has been developed to comply with DEP's Storrnwater Management Policy. Tho responsibilities outlined in the O & M Plan run with ownership of the property. Responsible Putt': Owner/Operator: Hospital Hill Development, LLC. . c% Mara Devalopmarit 1441 Main Street Springfield, MA 01103 Hospital Hill Dcvelopmart, LLC., or their successors shall maintain ownership of tbo on- site atormwater management system as well as the responsibility for operation and routine maintenance during thapoet-development stages of tb» project. This Q & M Plan outlines the various Best Management Practices (BMPa) associatai with the proposed pmjeat and identifies the relevant maintenance tasks to be undertakerr~ as wolf as a corresponding $chcdule for inspection and maintenance activity. Infltratiori Haeit~ Maintenance Ensure proper function in initial months of operation: ~ . • Observe at several intcrvala,duringend after email slid large rain atones to ensure that the basin is tt~nctioning ae intended, Note how Long water remains standing in basin after storm events and how well the water infiltrates over a period of 48 to 72 hours. Repair items such as upland aedirncnt eroaian, excessive compaction of soils .and low spots which may cause clogging. Semi-annually inspect the basins forproper functioning: Look fox: • Subsidence, erosion, cracking or tree growth on embankment; • Accumulation o`f sediment within the basin; • Condition of riprap; and • Health of the turf Semi-annually: • Maw the side elapse of the embankment; and • Remove trash and debris As necessary: • Remove sediment from the basin at least once every ten years; Bk: 09016 Pg: 212 .< • Dispose and transport accumulated sediment off-site in accordance with local, state and federal guidelines and iBgnl$tions; • Ro-seed during the gmwing season; • Any required modifications to the detention basin or the contributing watorahed shall be reported to the Conservation Commission as the issuing authority. and Hooded Catch Basins and Rater Quality Inlets • Remove accumulated sediment and hydrocarbons during the late winterlearly spring and late spring/early summer; and • I}ispoae and transport accumulated salimemt off-site in accordance with applicable local, state, and federal guidelines and regulations. As necessary: • Remove accumulated debris S~alisiarface Infiltrdflon System Maintenance (9tarmToch Units) Ensure proper function in initial months of operation: observe at several intervals during and altar small and large'rain storms to ensure that the infiltration system is functioning as intended. Note how long water remains standing in basin after storm events and how wall the water infiltrates over a period of 48 to 72 hours. Repair items such as upland sediment erosion, execsai~ve compaction of soils and low spots which may cause. slogging. Annually: • ~ Inspect infiltration system 2a and 48 hours a.#ter an~ approximate 1" storm event to be sure that the system is functioning properly. Semi-annually inspect the unite for proper functioning: Look for: • Accumulation of sediment within all infiltrator components: -. • Proper infiltrations of stormwateis.~ Semi-ariitually: • Remove trash and debris • Remove accumulated sediment and hydmcarbans from water quality inlets, header pipes and onklet control weirs duxing the late winter/early spring and late spring/carly summer; and • Dispose and transport accurnuiated sediment off-site fn accordance with applicable local, state, and federal guidelines and regulations. As necessary:. Bk: 09016 Pg: 213 • Remove sediment from at !cast once ovary ten years; • Dispose and transport accumulated seduncnt aff-site in accordance with lace.!, state and fcderal,guidelines and regulatians. • Detention Basln/~ater Quality Swale Inspect at least once a year to oalaure that the basins and swales are operating as intended: • • obaesve at several intervals during and after aniall and large rann storms to ensure that • the basin is functioning as intended, l'ropar function shall include discharge through the outlet device during runoff occumnce, temporary rat~tion attar nanaff ceases • and infiltration within the anticipated Lima period. . • inspect outlet control stnrcture for evidence of clogging book for: • subsidence, erosion, cricking or tree growth on embankment e accumulation of sediment within the basin • adequacy of the inlet/wtlct channel erosion control moasures condition of tho jnlet channel and drainage swele erosioa within basin and banks of swale Semi-annually: • mowing of the side slopes and arribankment to a height of 4 inches • removal of trash and debris • Aa necessary: ...~.,,,,~.~.,,..,~w_.:~-.,..~,.•,.,.....,,~.,..~..__ . • • removal of sediment from the basins and swales as necessary and at 1•east once every ten years • disposal of accumulated sediment will be transported off-site in accordance with local; state and federal guidelines and regulations s ro•acai daring the growing season _ repairs will be made immediately • any required modifications to the detention basin or the contributing watershed shall be • • roported to the Conservation Commission ae the issuing authority Parl~ing.Lot Sweeplag M1. Sweeping of paved areas will take place two times during rho year. • Sweep access driveways end parking lots. • Acxumulated sediment. will be transported and disposed off-site•in accordance with applicable local., state and federal guidelines and regulations. • . • Snow and $nowmelt Management • Tho use of salt on the proposed parking lot shalt no lima exceed state or Ioeal _ specifications. • Snow removal and storage: • _ ~• Bk: 09016 Pg: 214 • Placo plowed snow outside wetland resource areas; and Remove accumulatod aedim~te fmra snow storage areas every spring. t~aoo9aroo2 MARIANNE L. DONOHO~ ' N