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'ON Put,pails luoTIRjorl q :.gulmolloj qqj 01 2uIpjO33v oputu gqajaq si pl!nq of I!tuiad u joj uoijP;)ilddV :s.8u!pl!ng jo •,dnq iq,q, . . . . . . . . . . . . . . . auoqdalatL 9 ,*61 . . . . . . . . . . . .. -ssvpV'uojdwvqiioN �iu��a but anc�d .ti Q v -io j uopvaijddV 0 0 KNIT SIHI RA09V SHOVdS NI rjqjJ JAMM"31,110EUMd vlf�ON 910IMS 10 Id30 auOz 9661, 0 E cgs -musig aq iiumd v ajojaq t uotlea We st . .1 qj qj!tA pall;aq Isnux Isuvld Pug suvld 101d TIM SNOIII(WOJ 3HfILId 21111 IVHtA C[NV HHV SNOII -IaNOD 9NIJLSIX3 RHI IVHM SNVrId 9NIANVdNODDV M aNv Nouvandav 3HJL WON 4 HNINHHLHU NVO 3M IVHJL HIROA 13S OS 39 ISM tAOq39 HOA GHIIVJ V1VG 3HI (13IMM 39 AVW NOlIV31IddV SIHI IVHI URGHO KURION EXHIBIT "A" A parcel of land located in Northampton, Hampshire County, Massachusetts beinq a portion of Lots 5A as shown on a plan of land entitled "Revision of Parcel "C" ` Sandalwood Estates"" dated May 7, 1997, prepared for James F. Boyle and Patricia A. Boyle by Killam Associates New England Consulting Engineers of 8 Goffe Street, Hadley, Massachusetts, and recorded in Hampshire county Registry of Deeds in Plan Book 183, Pages 157 Said easement is bounded and described as follows: Beginning at an iron pin set in the in the most southerly point of Lot 5A, said pin also marking the Norhteast corner of Lot 4, thence running N 330 15' 10" W along Lot 4 a distance of 184. 10 feet to a iron pin; thence turning and running N 450 58' 00" E through Lot 5A a distance of 50 feet, more or less to an iron pin at Lot 5B; thence turning and running S 33° 01" 10" E along Lot 5B a distance of 197.82 feet, to a point; thence turning and running SOUTHWESTERLY direction along the Northerly side Woodland Drive a distance of 50.23 feet, to the place of beginning. SUBJECT TO Declaration of Covenants and Restrictions dated July 3, 1996 and recorded in Hampshire County Registry of Deeds, Book 4947, Page 100 and amended thereto dated January 5, 1997 and recorded in Hampshire County Registry of Deeds, Book 5047, Page 219. SUBJECT TO a Utility Easement to Massachusetts Electric Company dated August 8, 1996 and recorded in Hampshire County Registry of Deeds Book 5007, Page 132. SUBJECT to two Orders of Conditions issued by the Northampton Conservation Commission dated May 10, 1996 and April 11, 1967 and recorded in Hampshire County Registry of Deeds, Book 4881, Page 22.1 and Book 5092, Page 230. Subject to Easements and restrictions of record. Being a portion of the premises conveyed to James F. Boyle and Patricia A. Boyle by deed of Southwest Federated North Texas Limited Partnership, a Texas Partnership, dated February 8, 1996 and recorded in Hampshire County Registry of Deeds, Book 4822, Page 21. ~ The Common Driveway shall be initially constructed of bituminous concrete or pervious cover or such other cover as may be required by the Department of Public Works as a condition for granting of a Curb cut and Driveway Permit. Thereafter, the surface cover will be constructed or maintained, after the initial construction, as agreed by Lot owners. Executed as a sealed instrument this day of , 1998. John J. Moriarty, Witness JAMES F. BOYLE John J. Moriarty, Witness PATRICIA A. BOYLE THE COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. 1998 Then personally appeared the above named James F. Boyle and Patricia A. Boyle and acknowledged the foregoing instrument to be their free act and deed, before me, John J. Moriarty, Notary Public My commission expires: 7/1/2005 This Perpetual Basement shall contain the non-exclusive right an obligation by the Owners of the Lots to enter the entire Easement Area, to excavate, lay, construct, maintain, replace and rebuild the Common Driveway and turn-out located within the Easement Area. It shall be the responsibility of the owners to maintain the Common Driveway in a good serviceable condition. This requirement shall include but not be limited to the removal of leaves, debris, accumulation of snow and ice such that the Common Driveway shall, at all times, provide safe vehicular and pedestrian travel and access to the Lots. This requirement shall not apply to the Grantor herein but shall be immediately binding and effective upon the subsequent owners thereof upon conveyance of any lot. The cost of construction or maintenance of any extension of the Common Driveway beyond the area indicated to be the Common Driveway on Exhibit "A" for access by the Lot owners to the individual homes and Lots from the Common portion of the Common Driveway shall be the sole responsibility of the respective Lot owner creating such extension and is not subject to this Covenant and Easement. It is the intention of the Declarant that the routine maintenance of the Common Driveway be performed in a neighborly, good faith by the owners of the Lots with each Lot bearing one-third of the actual cost of such reasonable maintenance as determined between respective owners. Notwithstanding the preceding and in the event that any of the Lots SA and 5B owner refuses to bear their fair share of the actual maintenance and/or restoration expenses incurred, excluding those for utility installation and maintenance purposes, concerning the Common Driveway or turn-outs, the other Lot owners may undertake and have performed such work as may be reasonably required to restore the Common Driveway, Turn-Out and Easement Area to its prior condition and shall be entitled to bring an action for contribution, including all costs and Attorney's Fees of the non breaching party against the non-cooperating Lot owner in any Court of competent jurisdiction within the Commonwealth. To the extent that wires, water lines other utilities and their associated structures are located within the Easement Area, the owner of each Lot shall be solely responsible for all costs associated with installation and subsequent maintenance and repair of those utility lines, pipes and wires servicing each respective Lot as well as the affected portions of the Common Driveway. The Declarant its Respective Successors, Heirs, Executors, and Assigns, as the case may be, shall make no other use of the Easement Area which would interfere with the exercise of the rights conveyed herein. The owners of the Lots shall not erect any permanent structures. Any undertaking for repair and/or replacement of the Common Driveway within the Easement Area shall include the replacement of any and all surface material damaged or altered during the exercise of the rights conveyed hereunder and shall include the restoration and repair of any excavation to the grade and condition existing immediately prior to the work being undertaken. The Grantees of the Lots hereafter will agree by acceptance of the Deed that said Common Driveway is a Private Driveway and is not a City Way. Maintenance, Operation and Reconstruction, including snow plowing and ice removal are the responsibility and liability of the property owners serviced by said Common Driveway. The owners of any of the aforesaid Lots agree that vehicular access shall be provided to their respective Lot along the common Driveway and that no other vehicular access to the Lots shall be maintained except by way of the Common Driveway. fl 1 LS s LL 3 0 WAY BASEMENT AGREEMENT DEC OF MAINTENANCE COVENANT "j r �;� ""� Lots 5A and 5B Property cidres, _4,� {jt,, iIA 0l��`74 Woodland Drive mss. Northampton, Massachusetts James F. Boyle and Patricia A. Boyle owners of land located on Woodside Drive Norhtmapton, Ma. originally acquired by Deed from Southwest Federated North Texas Limited Partnership, a Texas Partnership, dated February 8, 1996 and recorded in Hampshire County Registry of Deeds, Book 4822, Page 21 hereinafter referred to as the `Declarant" hereby establishes a Common Driveway Easement for use by the respective owners of Lots known as Lot 5A and 5B as shown on a Plan of Land entitled " a plan of land entitled "R " "Revision of Parcel "C" Sandalwood Estates dated May 7, 1997, prepared for James F. Boyle and Patricia A. Boyle by Killam Associates New England Consulting Engineers of 8 Goffe Street, Hadley, Massachusetts, and recorded in Hampshire county Registry of Deeds in Plan Book 183, Pages 157, hereby declares and establishes a Common Easement for the purpose of installing, locating, maintaining, replacing and patrolling wires and pipes for the purpose of providing water and other necessary utilities for single family dwelling purposes to Lots 5A and 5B and for the purpose of establishing a Common Driveway for access and for any other purposes for which a way to the said lots. The Easement area is as more particularly set forth in Exhibit "A" attached hereto and made a part hereof. The Easement shall consist of a Common Driveway fifteen to twenty feet in width together with a turn-out for Lot 5B to be constructed in the Easement area as set forth in Exhibit "A" attached hereto. once the Common Driveway and turn-outs have been constructed, their location shall remain fixed and shall not be relocated except by written Amendment to the Easement Agreement executed by the owners of the Lots and recorded in the Hampshire County Registry of Deeds. Further, this Easement shall also inclade such further Easement Areas as may be necessary to provide access to electric utilities, telephone lines, cable television or other necessary underground utilities from the location of the utility boxes to the single family dwellings to be constructed notwithstanding the fact that the actual installation of the underground lines ay be across areas other than those areas depicted and included in the Easement Area as is set forth in Exhibit "A" attached hereto. Once the initial installation of utility lines from the utility box is in place and constructed no further change in the location of said utility lines may be made without the written consent of the other Lot owners. Further, there is currently no City sewer service to the premises, but this easement shall provide for installation of sewer lines or other utilities that may subsequently become accessible to the premises. James F. Boyle and Patricia A. Boyle by establishing this Easement and Easement Area located on Lot 5A intends that it be an Easement appurtenant to Lots 5B; that it shall run with the land upon its conveyance; and that the Easement shall remain in existence even in the event that all parcels come under common ownership unless the common owner thereof records a Declaration otherwise in the aforesaid Registry of Deeds. The initial declarants reserves the right to alter this Easement while they is the common owner of these Lots included within this Declaration of Easement. Pursuant to Massachusetts General Laws (MGL), Chapter 40A, Section 11, no Special Permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed after the decision has been filed, or if such an appeal has been filed that it has been dismissed or denied, is recorded in the Hampshire County registry of Deeds or Land Court, as applicable and indexed under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. It is the owner or applicant's responsibility to pick up the certified decision from the City Clerk and record it at the Registry of Deeds. The Northampton Planning Board hereby certifies that a Special Permit with Site Plan Approval has been GRANTED and that copies of this decision and all plans referred to in it have been filed with the Planning Board and the City Clerk. Pursuant to Massachusetts General Laws, Chapter 40A, Section 15, notice is hereby given that this decision is filed with the Northampton City Clerk on the date below. If anyone wishes to appeal this action, an appeal must be filed pursuant to MGL Chapter 40A, Section 17, with the Hampshire County Superior Court and notice of said appeal filed with the City Clerk within twenty days (20) of the date of that this decision was filed with the City Clerk. Applicant: James F. & Patricia A. Boyle- 78 Woodland Drive DECISION DATE: August 28, 1997 DECISION FILED-WITH-THE CITY CLERK: September 16, 1997 i t ATTACHMENT A Section 6.12 Vehicular Egress/Access to a Lot and Common Driveways. In reviewing the application for a Special Permit with Site Plan Approval to permit a common driveway, the Planning Board found the following: 1. The common driveway does not serve more than three(3) lots, 2. The common driveway provides the only vehicular egress/access to the lots being serviced by it, and this is stated in the deeds to the subject lots, 3. The grade, length and location of the common driveway is of suitable construction for the access and turn-around of the numbers and types of vehicles, including moving vans,ambulances, fire and police, which will be utilizing the common driveway. Such common driveway: A. has a width of at least fifteen(15) feet, B. has passing turnouts providing a total width of at least 20 feet along a distance of at least 25 feet, spaced with no more than 300 feet between turnouts, and with the first such passing turnout being located within ten feet of the driveway connection to the street, and C. is acceptable to the Department of Public Works and the Fire Department, D. conforms to all other driveway requirements of the Zoning Ordinance. 3 r streets and roads in the area by providing access to two lots with one common driveway, thereby minimizing curb cuts onto City streets. C. The requested use promotes a harmonious relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area by not altering the existing relationship. D. The requested use will not overload, and will mitigate adverse impacts on, the City's resources, including the effect on the City's water supply and distribution system, sanitary and storm sewage collection and treatment systems, fire protection, streets and schools. E. The requested use meets all special regulations set forth in the Zoning Ordinance. specifically, Section 6.12 - see "Attachment A," for criteria. F. The requested use bears a positive relationship to the public convenience or welfare by providing access to residential homes. The use will not unduly impair the integrity of character of the district or adjoining zones, because a common driveway will reduce the amount of pavement and the number of curb cuts onto city streets, thereby helping to maintain the rural character of the district. The use will not be detrimental to the health, morals, or general welfare and shall be in harmony with the general purpose and intent of the Ordinance. G. The requested use will promote City planning objectives to the extent possible and will not adversely affect those objectives, as defined in City master or study plans adopted under M.G.L. Chapter 41, Section 81-C and D. In addition, in reviewing the Site Plan, the Planning Board found the applicant has complied with the following technical performance standards: F. 1. Curb cuts onto streets have been minimized by the use of the common drive. 2. Pedestrian,bicycle and vehicular traffic movement on site are separated to the extent possible. Conditions imposed upon the Special Permit for a Common Driveway are as follows: 1) The applicant must submit a revised plan demonstrating that the zoning requirements for common driveways have been met (turning radius and initial turnout) and including a description of the driveway's proposed construction (type of subbase, amount of pavement, etc.) 2) The applicant shall submit an easement description for maintenance and passage over the common driveway prior to the issuance of a Building Permit. 2 ti City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586-695 A S FAX (413) 586-3726 Et • Conservation Commission• Historical Commissio p 1 • Housing Partnership• Parking Commission �`oF �1 • Planning Board•Zoning Board of Appeals DECISION OF NORTHAMPTON PIANNINGAOARD APPLICANT: James F. Boyle and Patricia A. Boyle ADDRESS: 4 Tiffany Lane Northampton, MA 01060 OWNER: James F. Boyle and Patricia A. Boyle ADDRESS: 4 Tiffany Lane Northampton,MA 01060 RE LAND OR BUILDINGS IN NORTHAMPTON AT: 78 Woodland Drive MAP AND PARCEL NUMBERS: MAP 35 PARCEL 276 At a meeting conducted on August 28, 1997, the Northampton Planning Board voted unanimously 7:0 to grant the request of James F. Boyle and Patricia A. Boyle for a SPECIAL & •PERMIT WITH SITE PLAN APPROVAL under the provisions of Section 6.12 in the Northampton Zoning Ordinance, to access two lots via a common driveway at 78 Woodland Drive, also known as Map #35,Parcel#276 as shown on the following plan: 1. "Woodl na d Drive,���ssachn tts,FLA - OT LC PI AN `SANDAL WOOD ES_1A1ES_ S TBD dSION,"prepared by Killam Associates New England for James F. and Patricia A. Boyle, dated May 8, 1997. Planning Board Members present and voting: Chair Andrew Crystal,Jody Blatt, Paul Diemand, Nancy Duseau,Kenneth Jodrie, Anne Romano and Associate Member Sanford Weil, Jr. In Granting the Special Permit, the Planning Board found: A. The requested use for a common driveway protects adjoining premises against seriously detrimental uses. B. The requested use promotes the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets and minimizes traffic impacts on the 1 ORIGINAL PRINTED ON RECYCLED PAPER 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION '� `i'I ,rtlimn't1 1-1 The work described below,which includes alVpart of the work described in your request, is within the Buffer Zone as defined in the regulations,and will alter an Area Subject to Protection Under the Act. T'lrerel'ore, %aril work requires the filing of a Notice of Intent. tk Ovicl Initiation is negative: I 1 The area described in your request is not an Area Subject to Protection Under the Act. C7 The work you described in your request is within an Area Subject to Protection Under the Act,but will wo rcinove, 611,dredge,or alter that area. Therefore,said work does not require the filing of a Notice of Intent. J h1 "I'he work you described in your request is within the Buffer Zone,as defined in the regulations,but will nt,t alter an Area Subject to Protection Under the Act. Theref re,said wp�k does not rSquire t3ie fling,of a NtIll e of Intent. *Drought–resistant grass spec es snail t�e e sha br> t ., i tInitient alteration within fitrNr teen Of: wCtidrru 'l,�u..4 ri°s as per plan entitletI , ! 7 "'h^�rt•.a you described in your request is subject to Protection Linder the Act,but since the work you describe therein meets the requirements for the following exemption,as specified in the Act and the regulation:;, no Notice of Intent is required: I i,, tdt>-th:unplon Conservation Commission f 6J I I, l,�t itti-ration must be signed by a majority of the Conservation Commission. day of—�1"'a 19_L_L—_..____ before me personally to me known to be the person described in,and who „inf, irt:;tnuticnt,and acknowledged that he/she executed the same as his/her free act and deed. My Commission Expires I'll the rot relieve the applicant from complying withal)other applicable federal,stale or local institutes,ordinances,by-laws or rcgulai im , I u,at,m tihall tic valid for three years from the date of issuance. 0 tl, 'A"IW,,any person aggrieved by this Determination,any owner of land abutting the land upon which the proposed work is to be don-,or anti Uu c,ty mf lovm in which such land is located,are hereby notified of their right to request the Department of l-twironmental Protection to issue nl I it t mination of Applicability,providing life request is tirade by certified mail or hand delivery to the Department,Willi the apptopti.,tc Glit 1, :nnttal I m as provided in 310 CMR 10.03(7)within ten days from the date of issuance of this Determination A copy of the 1cquest sic I 1 ,err by certified mail or hand delivery to the Conservation Commission and the applicant. i 310 CM 1t — 402 ail_' Il �iod Drive – Lots 5A, 513 & 6A, Northampton, MA; Proposed ilolne Slre Deve1nimlt ail !gin lwm)d [:states' ," prepared by Killam Associates and dated .July 22, 1997. i t t� c1zsQl �oyoc of as to Lb4 ` f d°b ,OLA1S aIMOL152 a o i t d a °f t�p�crnSaf up U,ou 7t pv1 P t to G ,=ECTION ORDINANCE, c.24 .M: --,nnm iccion Issuing Authority a and lames F. Boyle and Patricia A. Boyle lay- ptaking request) (Name of property owner) 4 Tiffany Lane Address Northampton, MA 01060 delivered as follows, ,s issued and (date) nd delivery to person making request On August ac+ 1997 --(date) return receipt requested on-- our request for a certified mail, n has considered y whichever +tee de the following detennInatiee authority Of G.L. c. 131,§403, g d�umen�tion,and has Ina rf jtpplicability and its supporting Drive, Lots 5A, Woodland Stfet,t ,kddr Id�tilllber� — is an Area subl'. >arCel bed in your request, � �Nll� l descri c lt,at area requires the fitinP of the area ositiv filing,a e edging or atterwg c e, tncturdes atUpart (tit is p , ,uhirh Illlill► tbelc: , anYrextoving, an Are' ���t'1 C l LI �dCSt,►r�" �fit• i neietOre, nest,is within' tl!��' our req sand wo,k •�Ite der ork described�Y •L-ttetetorc, vtoteCtittn� lttt,nt• aUlpart of the`N a or alter that area. 4w,which 'Wes %1 Trr�4ve,fill,dredge deser'bedbel der}the ��t a art 4 w4 AR _ AM t� bite Ito�t4tecti4natla�ice ofluter►t• ,I(1 C �ttlil�c t��,Cautbof t, t���UtieS EXHIBIT "A" A parcel of land located in Northampton, Hampshire County, Massachusetts beinq a portion of Lots 5A as shown on a plan of land entitled "Revision of Parcel "C" "Sandalwood Estates"" dated May 7, 1997, prepared for James F. Boyle and Patricia A. Boyle by Killam Associates New England Consulting Engineers of 8 Goffe Street, Hadley, Massachusetts, and recorded in Hampshire county Registry of Deeds in Plan Book 183, Pages 157 Said easement is bounded and described as follows: Beginning at an iron pin set in the in the most southerly point of Lot 5A, said pin also marking the Norhteast corner of Lot 4, thence running N 330 15' 10" W along Lot 4 a distance of 184. 10 feet to a iron pin; thence turning and running N 45° 58' 00" E through Lot 5A a distance of 50 feet, more or less to an iron pin at Lot 5B; thence turning and running S 33° 01" 10" E along Lot 5B a distance of 197.82 feet, to a point; thence turning and running SOUTHWESTERLY direction along the Northerly side Woodland Drive a distance of 50.23 feet, to the place of beginning. SUBJECT TO Declaration of Covenants and Restrictions dated July 3, 1996 and recorded in Hampshire County Registry of Deeds, Book 4947, Page 100 and amended thereto dated January 5, 1997 and recorded in Hampshire County Registry of Deeds, Book 5047, Page 219. SUBJECT TO a Utility Easement to Massachusetts Electric Company dated August 8, 1996 and recorded in Hampshire County Registry of Deeds Book 5007, Page 132. SUBJECT to two Orders of Conditions issued by the Northampton Conservation Commission dated May 10, 1996 and April 11, 1967 and recorded in Hampshire County Registry of Deeds, Book 4881, Page 22.1 and Book 5092, Page 230. Subject to Easements and restrictions of record. Being a portion of the premises conveyed to James F. Boyle and Patricia A. Boyle by deed of Southwest Federated North Texas Limited Partnership, a Texas Partnership, dated February 8, 1996 and recorded in Hampshire County Registry of Deeds, Book 4822, Page 21. Y The Common Driveway shall be initially constructed of bituminous concrete or pervious cover or such other cover as may be required by the Department of Public Works as a condition for granting of a Curb cut and Driveway Permit. Thereafter, the surface cover will be constructed or maintained, after the initial construction, as agreed by Lot owners . Executed as a sealed instrument this day of , 1998. John J. Moriarty, Witness JAMES F. BOYLE John J. Moriarty, Witness PATRICIA A. BOYLE THE COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. 1998 Then personally appeared the above named James F. Boyle and Patricia A. Boyle and acknowledged the foregoing instrument- to be their free act and deed, before me, John J. Moriarty, Notary Public My commission expires: 7/1/2005 This Perpetual Easement shall contain the non-exclusive right and obligation by the Owners of the Lots to enter the entire Easement Area, to excavate, lay, construct, maintain, replace and rebuild the Common Driveway and turn-out located within the Easement Area. It shall be the responsibility of the owners to maintain the Common Driveway in a good serviceable condition. This requirement shall include but not be limited to the removal of leaves, debris, accumulation of snow and ice such that the Common Driveway shall, at all times, provide safe vehicular and pedestrian travel and access to the Lots. This requirement shall not apply to the Grantor herein but shall be immediately binding and effective upon the subsequent owners thereof upon conveyance of any lot. The cost of construction or maintenance of any extension of the Common Driveway beyond the area indicated to be the Common Driveway on Exhibit "A" for access by the Lot owners to the individual homes and Lots from the Common portion of the Common Driveway shall be the sole responsibility of the respective Lot owner creating such extension and is not subject to this Covenant and Easement. It is the intention of the Declarant that the routine maintenance of the Common Driveway be performed in a neighborly, good faith by the owners of the Lots with each Lot beating one-third of the actual cost of such reasonable maintenance as determined between respective owners. Notwithstanding the preceding and in the event that any of the Lots SA and 5B owner refuses to bear their fair share of the actual maintenance and/or restoration expenses incurred, excluding those for utility installation and maintenance purposes, concerning the Common Driveway or turn-outs, the other Lot owners may undertake and have performed such work as may be reasonably required to restore the Common Driveway, Turn-Out and Easement Area to its prior condition and shall be entitled to bring an action for contribution, including all costs and Attorney's Fees of the non breaching party against the non-cooperating Lot owner in any Court of competent jurisdiction within the Commonwealth. To the extent that wires, water lines other utilities and their associated structures are located within the Easement Area, the owner of each Lot shall be solely responsible for all costs associated with installation and subsequent maintenance and repair of those utility lines, pipes and wires servicing each respective Lot as well as the affected portions of the Common Driveway. The Declarant its Respective Successors, Heirs, Executors, and Assigns, as the case may be, shall make no other use of the Easement Area which would interfere with the exercise of the rights conveyed herein. The owners of the Lots shall not erect any permanent structures. Any undertaking for repair and/or replacement of the Common Driveway within the Easement Area shall include the replacement of any and all surface material damaged or altered during the exercise of the rights conveyed hereunder and shall include the restoration and repair of any excavation to the grade and condition existing immediately prior to the work being undertaken. The Grantees of the Lots hereafter will agree by acceptance of the Deed that said Common Driveway is a Private Driveway and is not a City Way. Maintenance, Operation and Reconstruction, including snow plowing and ice removal are the responsibility and liability of the property owners serviced by said Common Driveway. The owners of any of the aforesaid Lots agree that vehicular access shall be provided to their respective Lot along the common Driveway and that no other vehicular access to the Lots shall be maintained except by way of the Common Driveway. r' J WAY BASEMENT AGREEMENT DEC OF MAINTENANCE COVENANT Lots 5A Property cldres t�RE�dr rtPaf'��� ' 30 wood�.andaDrive 0—t ii&f� Northampton, Massachusetts James F. Boyle and Patricia A. Boyle owners of land located on Woodside Drive Norhhmapton, Ma. originally acquired by Deed from Southwest Federated North Texas Limited Partnership, a Texas Partnership, dated February 8, 1996 and recorded in Hampshire County Registry of Deeds, Book 4822, Page 21 hereinafter referred to as the "Declarant" hereby establishes a Common Driveway Easement for use by the respective owners of Lots known as Lot 5A and 513 as shown on a Plan of Land entitled " a plan of land entitled "Revision of Parcel "C" "Sandalwood Estates"" dated May 7, 1997, prepared for James F. Boyle and Patricia A. Boyle by Killam Associates New England Consulting Engineers of 8 Goffe Street, Hadley, Massachusetts, and recorded in Hampshire county Registry of Deeds in Plan Book 183, Pages 157, hereby declares and establishes a Common Easement for the purpose of installing, locating, maintaining, replacing and patrolling wires and pipes for the purpose of providing water and other necessary utilities for single family dwelling purposes to Lots 5A and 5B and for the purpose of establishing a Common Driveway for access and for any other purposes for which a way to the said lots. The Easement area is as more particularly set forth in Exhibit "A" attached hereto and made a part hereof. The Easement shall consist of a Common Driveway fifteen to twenty feet in width together with a turn-out for Lot 5B to be constructed in the Easement area as set forth in Exhibit "A" attached hereto. once the Common Driveway and turn-outs have been constructed, their location shall remain fixed and shall not be relocated except by written Amendment to the Easement Agreement executed by the owners of the Lots and recorded in the Hampshire County Registry of Deeds. Further, this Easement shall also incl:ade such further Easement Areas as may be necessary to provide access to electric utilities, telephone lines, cable television or other necessary underground utilities from the location of the utility boxes to the single family dwellings to be constructed notwithstanding the fact that the actual installation of the underground lines ay be across areas other than those areas depicted and included in the Easement Area as is set forth in Exhibit "A" attached hereto. Once the initial installation of utility lines from the utility box is in place and constructed no further change in the location of said utility lines may be made without the written consent of the other Lot owners. Further, there is currently no City sewer service to the premises, but this easement shall provide for installation of sewer lines or other utilities that may subsequently become accessible to the premises. James F. Boyle and Patricia A. Boyle by establishing this Easement and Easement Area located on Lot 5A intends that it be an Easement appurtenant to Lots 5D; that it shall run with the land upon its conveyance; and that the Easement shall remain in existence even in the event that all parcels come under common ownership unless the common owner thereof records a Declaration otherwise in the aforesaid Registry of Deeds. The initial declarants reserves the right to alter this Easement while they is the common owner of these Lots included within this Declaration of Easement. Pursuant to Massachusetts General Laws(MGL), Chapter 40A, Section 11, no Special Permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed after the decision has been filed, or if such an appeal has been filed that it has been dismissed or denied, is recorded in the Hampshire County registry of Deeds or Land Court, as applicable and indexed under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. It is the owner or applicant's responsibility to pick up the certified decision from the City Clerk and record it at the Registry of Deeds. The Northampton Planning Board hereby certifies that a Special Permit with Site Plan Approval has been GRANTED and that copies of this decision and all plans referred to in it have been filed with the Planning Board and the City Clerk. Pursuant to Massachusetts General Laws, Chapter 40A, Section 15, notice is hereby given that this decision is filed with the Northampton City Clerk on the date below. If anyone wishes to appeal this action, an appeal must be filed pursuant to MGL Chapter 40A, Section 17, with the Hampshire County Superior Court and notice of said appeal filed with the City Clerk within twenty days (20)of the date of that this decision was filed with the City Clerk. Applicant: James F. & Patricia A. Boyle- 78 Woodland Drive DECISION DATE: August 28, 1997 DECISION FILED WITH TIE CITY CLERK: September 16, 1997 4 1' C-c�t� r ATTACHMENT A Section 6-12 Vehicular Egress/Access to a Lot and Common Driveways In reviewing the application for a Special Permit with Site Plan Approval to permit a common driveway,the Planning Board found the following: 1. The common driveway does not serve more than three(3) lots, 2. The common driveway provides the only vehicular egress/access to the lots being serviced by it, and this is stated in the deeds to the subject lots, 3. The grade, length and location of the common driveway is of suitable construction for the access and turn-around of the numbers and types of vehicles, including moving vans,ambulances, fire and police, which will be utilizing the common driveway. Such common driveway: A. has a width of at least fifteen(15) feet, B. has passing turnouts providing a total width of at least 20 feet along a distance of at least 25 feet, spaced with no more than 300 feet between turnouts, and with the first such passing turnout being located within ten feet of the driveway connection to the street, and C. is acceptable to the Department of Public Works and the Fire Department, D. conforms to all other driveway requirements of the Zoning Ordinance. 3 streets and roads in the area by providing access to two lots with one common driveway, thereby minimizing curb cuts onto City streets. C. The requested use promotes a harmonious relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area by not altering the existing relationship. D. The requested use will not overload, and will mitigate adverse impacts on, the City's resources, including the effect on the City's water supply and distribution system, sanitary and storm sewage collection and treatment systems, fire protection, streets and schools. E. The requested use meets all special regulations set forth in the Zoning Ordinance. specifically, Section 6.12 - see "Attachment A," for criteria. F. The requested use bears a positive relationship to the public convenience or welfare by providing access to residential homes. The use will not unduly impair the integrity of character of the district or adjoining zones, because a common driveway will reduce the amount of pavement and the number of curb cuts onto city streets, thereby helping to maintain the rural character of the district. The use will not be detrimental to the health,morals, or general welfare and shall be in harmony with the general purpose and intent of the Ordinance. G. The requested use will promote City planning objectives to the extent possible and will not adversely affect those objectives, as defined in City master or study plans adopted under M.G.L. Chapter 41, Section 81-C and D. In addition, in reviewing the Site Plan, the Planning Board found the applicant has complied with the following technical performance standards: F. 1. Curb cuts onto streets have been minimized by the use of the common drive. 2. Pedestrian,bicycle and vehicular traffic movement on site are separated to the extent possible. Conditions imposed upon the Special Permit for a Common Driveway are as follows: 1) The applicant must submit a revised plan demonstrating that the zoning requirements for common driveways have been met(turning radius and initial turnout) and including a description of the driveway's proposed construction (type of subbase, amount of pavement, etc.) 2) The applicant shall submit an easement description for maintenance and passage over the common driveway prior to the issuance of a Building Permit. 2 F City of Northampton, Massachusetts k g�" MP Office of Planning and Development _ �O Oy City Hall • 210 Main Street -7 Northampton, MA 01060 • (413) 586-695 FAX 413 586-3726 Sr •Conservation Commission• Historical Comm issio • Housing Partnership• Parking Commission • Planning Board•Zoning Board of Appeals DECISION OF NORTHAMPTON PLANNING BOARD APPLICANT: James F. Boyle and Patricia A. Boyle ADDRESS: 4 Tiffany Lane Northampton, MA 01060 OWNER: James F. Boyle and Patricia A. Boyle ADDRESS: 4 Tiffany Lane Northampton, MA 01060 RE LAND OR BUILDINGS IN NORTHAMPTON AT: 78 Woodland Drive MAP AND PARCEL NUMBERS: MAP 35 PARCEL 276 At a meeting conducted on August 28, 1997,the Northampton Planning Board voted unanimously 7:0 to grant the request of James F. Boyle and Patricia A. Boyle for a SPECIAL •PERMIT WITH SITE PLAN APPROVAL under the provisions of Section 6.12 in the Northampton Zoning Ordinance, to access two lots via a common driveway at 78 Woodland Drive, also known as Map#35,Parcel#276 as shown on the following plan: 1. "W9_odlan_d Drives Northampton, Mas�achu�etts�El`A�LOT�OT�L_A_N SANDALWOOD ESTATES'SUBDIVISION 7 prepared by Killam Associates New England for James F. and Patricia A. Boyle, dated May 8, 1997. Planning Board Members present and voting: Chair Andrew Crystal,Jody Blatt, Paul Diemand, Nancy Duseau, Kenneth Jodrie, Anne Romano and Associate Member Sanford Weil, Jr. In Granting the Special Permit, the Planning Board found: A. The requested use for a common driveway protects adjoining premises against seriously detrimental uses. B. The requested use promotes the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets and minimizes traffic impacts on the 1 ORIGINAL_PRINJED ON RECYCLED PAPER 3 I0 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION , '1'1 ,rntinurd 17 The work described below,which includes alt/part of the work described in your request, is within the Bufft�r "Lone as defined in the regulations,and will alter an Area Subject to Protection Under the Act. Therefore, said work requires the filing of a Notice of Intent, I iti i1r t,r"titiation is negative: I 1 The area described in your request is not an Area Subject to Protection Under the Act. 17 The work you described in your request is within an Area Subject to Protection Under the Act,but will nut remove, fill,dredge,or alter that area. Therefore,said work does not require the filing of a Notice of Intent. I/'The work you described in your request is within the Buffer Zone,as defined in the regulations,but will t l alter an Area Subject to Protection Under the Act. Therefore,sai�wri floes not r�quire t(re fling,of'a Nt� oflntcut. *Drought—resistant grass species s a be used, an( t�re e sha bt io[i ttenr alteration within fifry Vic;t „T wei_iarru as per plan entitle l , '• area ycxt lescribed in your request is subject to ProtPCgon Under the Act,but since the work you describe therein meets the requirements for the following exemption,as specified in the Act and the regulations, no Notice of Intent is required: I h,, Ho-tlr.unpton Conservation Commission [I l ;t ntination must be signed by a majority of the Conservation Commission. day of 19.1_[x before me personally to me known`to be the person described in, and whet in Arurnent,and acknowledged that he/she executed the same as his/her free act and deed. I. I uhln My Commission Expires I i ei oi m itoea rot r(lieve the applicant from complyin(((g with all other applicable federal,state or local institutes,ordinances,by-laws or rcgulat io- I )m,,t w ,hall be valid for three years from the date of issuance. i rl ov.nc ,airy person aggrieved by this Dclennination,any owner of land abutting the land upon which the proposed work is to be door,or III)ti- i III :Ay or lovm iu which such land is located,are hereby notified of their right to request the Department of Environmental Protection to issoc I t.,1 otioation of Applicability,providing the request is made by certified mail or hand delivery ht the Department,Willi the appnga isle fill, 1, r. ;nuual I'omi as provided in 310 CMR 10.03(7)within ten days from the date of issuance of This Dclennination A a,py of the rc<lucst h:ll 1" ;cnr l,t'C(-rtificd mail t»hand delivery to the Conservation Conititissioii and the applicant. l 310 CM 1Z - 402 Ill' i,, „,.11 ;md Drive — Lots 5A, 513 & 6A, Northampton, MA; Proposed ilrnne Site-. Devc•lt,l„o 1tl ' m kill,mod Estates' ," prepared by Killam Associates and dated .July 22, 1997. 3!0 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION ,in r �� tfitutcd � ;, x `1. �t DEP File No. !246 (To be provided by ,)13P1 „ [RiEdAfei�M � tlt6� "` City/Town: _Northampton Applicant Boyle q. 7/31/97 ISO( huserrs Date Request Determination of Applicability Massachusetts Wetlands Protection Avt, G.L, c. 131, § 40 1 1,1,F CITY OF NORTHAMPTON'S WETLAND PROTECTION ORDINANCE, c.24 1 tP l: t,toi tltarnl)ton_fQUsm-ation_CQrnni*ssion Issuing Authority im),vs F'. Boyle and James F. Boyle and Patricia A. Boyle rotri.c:ia-.-A._ilay-le - ------ (�d trite of person making request) (Name of property owner) 4 tiffany Lane 4 Tiffany Lane forthampton, MA 01060 AddreSS Northampton, MA 01060 Itt _ l� • dcie ntination is issued and delivered as follows: J by hand delivery to person making request on (date) by certified mail, return receipt requested on August aa, 1997 _(date) om,ti;t'w to the authority of G.L. c. 131, §40,the ommission has considered your request for a ,i I tuiu;u ion of Applicability and its supporting documentation,and has trade the following determinatimm(ikook whichevet Woodland Drive, Lots 5A, 6A ���iu��. Street Address -----___ — ---- — i and Parcel ld Number: _ �, n" . , 2z v -- --------- s,u.: 221 1 iti,, 1,riertnination is positive. 'i lie area described bete::,,,t..t,;-h includes all/part of die area described in your request, is an Area subiect t(� Protection under tLe Act. 'i neretore,any removing,filing,dredging or altering�3f Olit area requires the filing o� a Not:c,of Intent. 17 The work described below,which includes all/part of the work described in your request, is within an Ater Subject to Protection Under the Avt and will rntrove, fill, dredge or alter that area. Therefore, said wot k requires the filing of a Notice of Intent. t 1 310 CAI 1Z - 401 l zfp of 'Nort[ja111pfnn 79%E� �e�enrhnertle �: - ti P ENT OF BUfLD[�C INSPECTIONS S 21 M n Strect Municipal I3uilding 7 r N thatn Eton, Mass. 01060�iA O1 +6Or 1 NORTHAMPTON Square Footage AmortriI lst Floor @ -40 2nd Floor @ .20 1/2 Floors, Attic, Garage . 10 Peck, Porches .1-0 TUrA L _-- -�---- tt/ _ -7- 76 ;p I JCTf c �j�TnY� IITI g U „ SEP 3 0 1998 J PAaI�iTtTMEWF OF BUIMWC, INSPECTIONS i 212 ain Street ' Municipal Building DE T tt Northampton, Mass. 01060 W0 RICE,R'S C 0 MT.ENSAn0N INSOTZA CE kli-M, AVTT 0 L4 N�ns�r��rzn;tl�.> \.vith a principal plat oI bus,U1 at. 130 K rn 0 d:;Z.-7 .. (sit/city/stalrJnp) do hereby certif),, under the pains and penalties of per�uy that- ( I am an employer providing the following \.�orl:el's Compensaijon Coverage [or my employees wol-,Qng Oil Ills)ob: (Lnsu —C°.C-ap--Y) - — (Policy NUM- --U) i--.i on Dom) ( ) I am a Sole proprietor, general Contractor or homeovrner (circle one) 2nd have tired the CoDt`i a rt.Ors l!Sted bclow v�bo b_p-y- tFle fo10vl1ng vlorke('S GO�p°-S3n01i DOl!CIeS: (!:QIlIC o: ('N'z,Mc of Coll t-,icior) (IJIS-u-mcc C011lpallyWOIICY Nl1ILICr) bale) (MI-MI C of COO-L 2clo,-) (1nsuronc Compao)•/pOL CY NUQ1i7-t) CEcou-ion Date) (Nark of Cona<lctor) - (tA raMC4. COI-op!Dy/PoLicy Numkf) (E^-p goo per) (rtt�dt i�licci!sv_ct iI n<.-c�:y to:x-}�ci�inlcciaiti oo p�-:t_�::_r_E to X11 ct-a:rs.0 On) O I am a sole proprietor and have no one worL-iDS for me. ( ) I am a home owner performing all the work myself. ,trt,. cD=M t oa:or rt ,r wo k on.d.vcU rig of NOTE plcasr be awa c chit wtxiJo hcm�vncr� .vbo c o pjay P<:r_ o do oomidcrcd to tx noC n o than tbr--aitt iu tc ic+s t1x bornoowoa-rcda«m lho�vuods ippurtena,st thcxc�.o erc got 2�rntty ma e to b, the cmploym under tbo—6-x"comp= .n.Act(GL152n 1(5)),appllr�oo by a homcow�r for a bccW-a p-IDa Y ltV1 rLub-u of an employer uodec d,Wo icela Coaipcmaiioa Ad I--dc rxL&aa dt A a copy of ttv,mtcmmt m.y tie focw vdnd to Lb.Dopartmcn2 of Indistn�+A°O moo°of tawr.noc Ix the oovcr c N crificzdioo and that Eilarc to secure povcTnb"O uadcr wctioa 2SA oCM<)L 152�t lod to tbo y ou oCctimintl penal&cs gx;fmc orup llasQoo.00 and/or ixaprizo®cttt ofup to-ooc yrnr'and civil p�llia:+a the formoCA Stop Worklkdcr.ind a • fitio oCS100 00'i dsy ig�iinA ttic.� _ Fes . .: St of Lt �1Pc 10. Do any signs exist on the property? YES NO IF YES,describe size,type and location: c Are there any proposed changes to or additions of signs intended for the property?YES NO IF YES,describe size,type and location: 11. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION. This cols to be filled in by the Building Department Required Existing Proposed By Zoning Lot size Frontage Setbacks - side L• R: L: R: - rear Ito Building height q �-- Bldg Square footage �� T 6 ��- %Open Space: �f (Lot area minus bldg I �J &paved parking) # pf "Parking spaces f %f Loading Docks Fill: 4 vol-ume--& location) 13 . Certification: I hereby certify that the information contained herein is true and accurate to the best of my knowledge, ., DATE: APPLICANT'S SIGNATURE NOTE: Issuanoe of a zoning permit does not relieve a ioanY burden to oomply with-all zoning requlraments and obtain all required permits f the Board of Health, Conservation Commission, Department of Pubiio Works and other a lioable permit granting authorities. FILE # V SEP 3 d a ,.m .w.��- Fi 1 e No pEPT QF BULDIt46 INSPECTIQISS NQRTHAMPTO ► ZONING PERMIT APPLICATION (§10 . 2) PLEASE TYPE OR PRINT ALL INFORMATION 1. Name of Applicant: / Address:_ j57- 1la F2, Telephoner I 2. Owner of Pro �etrty: t)>0 7 Address L/ •- Telephone:��2 V., X 1 .3. Status of Applicant: c„/' Owner Contract Purchaser Lessee Other(explain): 4. Job Location: fe Ike,a/> Z .40 Parcel Id: Zoning Map# 1 Parcel#A )'f' t District(s): (TO BE FILLED IN BY THE BUILDING DEPARTMENT) 5. Existing Use of Structure/Property 6. Description of Proposed Use/Work/Project/ cupation: (Use additional sheets' cessary): d 7. Attached Plans: Z--' Sketch Plan Site Plan Engineered/Surveyed Plans Answers to the following 2 questions may be obtained by checking with the Building Dept or Planning Department Files. 8. Has a Special Permit/Variance/Finding ever been issued for/on the site? NO DON'T KNOW YES IF YES,date issued: IF YES: Was the permit recorded at the Registry of Deeds? NO DON'T KNOW YES IF YES: enter Book_ Page/5� and/or Document#_]EdJ /Z!�' 5-4 9. Does the site contain a brook, body of water or wetlands? NO DON'T KNOW YES ,-' IF YES,has a permit been or need to be obtained from the Conservation Commission? Needs to be obtained Obtained 1z ,date issued: (FORM CONTINUES ON OTHER SIDE) File#BP-1999-0337 APPLICANT/CONTACT PERSON James Boyle ADDRESS/PHONE P O Box 988 (413)586-8561 PROPERTY LOCATION 80 WOODLAND DR MAP 35 PARCEL 276 ZONE SR THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ZONING FORM FILLED OUT Fee Paid Building PermitFill d ut Fee Paid ,y/, Type of C New Construction 1 -�_NonStructura interior renovations Addition to Existing Accessory Structure Building Plans Included: Owner/Occupant Statement or License# 3 sets of Plans/Plot Plan THE LLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION: Approved as presented/based on information presented. Denied as presented: Special Permit and/or Site Plan Required under: § PLANNING BOARD ZONING BOARD Received&Recorded at Registry of Deeds Proof Enclosed Finding Required under: § _w/ZONING BOARD OF APPEALS Received&Recorded at Registry of Deeds Proof Enclosed Variance Required under: § _w/ZONING BOARD OF APPEALS Received&Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval Board of Health Well Water Potability Board of Health Permit from Conservation Commission Signature of Build g O icial Date Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning requirements and obtain all required permits from Board of Health,Conservation Commission,Department of public works and other applicable permit granting authorities. Reference No: B,P-1999-0337 Department: ................................... Building, Electrical & Mechanical Permits ......................................................................................... Fee Type: Receipt No: new structure REC4999-000895 ......................................................................................... Paid By: Pa.id..i.n.Full..0.n:.......... James Boyle Wed Sep 30,1998 ......................................................................................... .-----..... ...... Received By: .C h eck.No:................... Linda Lapointe 21.388 ......................................................................................... ...................................... DEPARTMENT'S COPY Amount: $840.00 .............•.•.•••...... D1'11>ARTMEN'r FILE COPY 80 WOODLAND DR CITY OF NORTHAMPTON BUILDING PERMIT Owner's pulling their own permits or dealing with unregistered contractors for applicable work do not have access to Guaranty Fund(MGL 142A) Issued: Permit No: Inspector: Tracking No.: Fee: BP-1999-0337 $840.00 GIS #: Map Block: Lot: Address: Zoning: Use Group: Lot Size: 10818 35 276 002 80 WOODLAND DR SR Contractor: License Type: Insurance: James Boyle CSL Workers Compensation Address: License No.: Insurance No.: P 0 Box 988 006863 WC3-0024751 Liy_i State: Zip Code: Phone: EASTHAMPTON MA 01027-098 (413) 586-8561 Proiect No: Category of Work: Const. Class: Cost Estimate: JS-1999-0705 New Structure $160,000.00 Description of Work: 2 STORY SFH w/ATT GARAGE GeoTMS@ 1997 Des Lauriers&Associates,Inc. Signature: :t E gineo;, ;r s� inset . ; t , verif" :n .�r °i ring r.Nu is s8 raa�: C7 rN" of 3.n aC Qs u x0 0 NL ^ a N N b G o ,\ ^ � 0 3 V� 0 3 N D z o b o In y z" N I i Lo td (!`