08-028 279 coles meadow road zoningDECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
At a meeting held on January 20 1988, the Zoning Board of Appeals
of the City of Northampton voted unanimously to GRANT the Variance request
of JOSEPH N. PELTIER, to allow construction of a driveway and attached
two -car garage at his property located at 279 Coles Meadow Road, North-
ampton, MA.
The findings were as follows:
The Variance requested is for a specific parcel of land, 279 Coles
Meadow Road, Northampton, MA.
There are circumstances relating to the shape and topography
especially effecting such land or structures, but not effecting
generally the zoning district in which it is located.
Literal enforcement of the Ordinance would involve substantial
financial hardship to the petitioner, in that the land to the
i right of petitioner's dwelling drops off 15 feet in three tiers,
making construction of a driveway and garage on that side of the
dwelling a major, expensive undertaking.
Granting the request will not be a substantial detriment to the
public good, and in fact the side abutter whose setback is being
ii encroached upon, supports the petitioner's request; nor will it
I,
substantially derogate from the intent and purpose of the Ordin-
ance inasmuch as petitioner encroaches upon the side setback b
i� only five feet.
The Board makes it a condition of their approval that the barrier
of trees and shrubbery between petitioner and abutter Walton be
maintained and encouraged.
Robert C. Buscher, Chairman
Dr. Peter Laband
M. Sanford Weil, Jr.
a
E'
DECISION OF
ZONING BOARD OF APPEALS
-
At a meeting held on December 12, 1984, the Zoning Board of Appeals of
the City of Northampton voted unanimously to deny the special permit request
of Edward Kielbowicz, 82 Elm Street, Hatfield, to fill a lot on the east side
of Coles Meadow Road for the construction of a single family dwelling and
garage. Present and voting were: Chairman Robert Buscher, Charles Maguire
and Peter Laband.
The findings were as follows:
P. Laband found that the applicant has not fulfilled the conditions
set forth in Section 11.3 of the Zoning Ordinance and has damaged the
natural drainage flow.
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R. Buscher also found that the applicant has not fulfilled the condi-
tions of Section 11.3 and referring to Section 10.10, found that the
stated purpose of constructing a single family home bears a positive
relationship to the public convenience; that the proposed use would not
create any undue traffic congestion or impair pedestrian safety; that the
applicant has altered the natural drainage scheme to the detriment of
several neighbors; that the construction of the building will not impair
the integrity of the district, but the placement of fill without
consulting the proper channels for advise resulted in problems with
drainage and is not in harmony with the intent of the Ordinance,as
the stringent requirements set forth in the Ordinance are not met.
C. Maguire found that the placement of fill had adversely affected
drainage, causing water.to divert to the adjoining lot.
P�
Rob ert C. Buscher, Chairman
d➢`r _
c h e c k e d `..�.... _.______..
Peter Laba
L2
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CITY of NORTHAMPTON
TO: Planning Board Members
FROM: Lawerence B. Smith, Planner
..r'
OFFICE of PLANNING and DEVELOPMENT
MEMORANDUM
SUBJECT: Kielbowicz Special Permit Request
DATE: October 29, 1984
FI-E' N546
HisL On May 12, 1983 the Building Inspector and Conservation Commission received a
complaint from the abutting property owner that Mr. Kielbowicz was illegally plat
fill on his property on Coles Meadow Road. The property was a Low piece of land
which dropped off steeply from the edge of the road. Cecil Clark and I made a {�..
inspection on May 13, 1983 and found that a large volume of fill, in excess ')f 5',
cubic yards had been placed on his property in violation of Zoning and the Wetl.anl'
Protection Act. On May 14, 1984 I issued a Cease and Desist Order to Mr. Kielb'_,.
on behalf of the Conservation Commission and invited him to the next Conservation
Commission meeting. Mr. Kielbowicz was order to cease filling on the site, to re .'
the unclean fill, to regrade, seed and stabilize the slopes to prevent washing
the wetland, to construct drainage swales to prevent run -off from his site from
being directed onto abutting properties, and to complete this work by August 4.
which he did. In May 18, 1984 Cecil Clark informed Mr. Kielbowicz that he need
a Special Permit to place fill on his lot.
'.r. Kielbowicz has filed this Special Permit Application to legitimize the illegal fi'.
that he has placed on his property so that he may construct a single family dwelling.
ect:.ion 10-10-3. of the Northampton Zoning Ordinance states that before granting an app' .4
f .•r a special peunit, the special permit granting authority, with regard to the nature &n ^c�nditicn of all adjacent structures and uses, and the district within which the same is
:ocated, shall find all of the following general conditions to be fulffiled:
'lhe use requested in listed in the Table of Use Regulations as a special permit in t -10
district for which application is made or is so designated elsewhere in this Ordinan,
4.i The requested use bears a positive relationship to the public convenience or welfare.
Tt_Ne requested use will not create undue traffic congestion or unduly impair pedestri.w
safety.
�.1 Th<E? requested use will not overload any public water, drainage or sewer system or any
rrn.uiicipal system to such an extent that the requested use or any developgd fuse in t .
i miediate area or in any other area of the Ci will be and r ,
affecting health, safety, or the general welfare.# $ = -__..
Any special regulations for the use as set forth in Axticl $� 'lu --
� I;:fulfilled.
"'ht requested use will not unduly impair the integrity or character of the &str
+c.1 �a_n�lx &xles . e nr h. An* r i .. _ A_ - 7 4 - - � L - a. - . , . � I -
�9.) Any special regulations f(ar the use as set forth in Art 'e XI are fulfilled
.) 71- le requested use will nM unduly
adjoini zones, i,or be detre
in tal pair the to the heaalt lty or character of the district or
:;hall be in 'k1r nariy with the general general welfare. The u:;e:.
Ptu�ose gild intent of the ordinance.
With regard to this Application I find:
a) it is,
b) ?
c) ?
d) ?
e) Article XI required Mr. Kielbowicz to submit a detailed grading plan, which he has,
f) The are numerous other single family dwellings in this neighborhood, including the
properties directly abutting Mr. Kielbowicz's. The property to the south is much L)wl
than Mr. Kielbowicz's and great care should be given to ensure that Mr. Kielbowicz "y
run -off does not flood them out, nor their septic system. Mr. Kielbowicz has
also filed a Notice Of Intent with the Conservation Commission, and any Special Perm-
issued should be subject to any Order Of Conditions issued.
Scamied
d2
7
Form 8
Commonwealth
of Massachusetts r
!7 I°
-"so
DEOE File No. 246- 123
(To be provided by DEC*-)
CltyRown Northampton
/Applicant Ki elbowicz
(David Dulong)
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From Northampton Conservation Commission - I . ssuing Authority
To David Dulong RealtyWorld- Dulong & Labbee, 285 N. King. St.
(Name) (Address) .
Date of Issuance - September 8 1986
This Certificate is issued for work regulated by an Order of Conditions' issued to Edward Kielbowicz
dated Nov_ 27,- lg84 zandissuedbythe Conservation Commission.
1. ® It is hereby certified that the work regulated by the above- referenced Order of Conditions has
been satisfactorily completed.* ( see page 8-2)
2. ❑ It is hereby certified that only the following portions of the work regulated by the above- refer-
enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance
does not include the entire project, specify what portions are included.)
3. ❑ It is hereby certified that the work regulated by the above - referenced Order of Conditions was
never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future
work subject to regulation under the Act may be commenced without filing a new Notice of Intent
and receiving a new Order of Conditions.
.......................................................................................... ...............................
(leave Space Blank)
scanned
he
8 -1
4. CSI This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located. The Order was originally recorded on Feb. 21, 1985 (fi
at the Registry of nppd g , Hamp -sb i re County , BOok 2537 , Page 91
5. 0 The following conditions of the Order shall continue: (Set forth any conditions contained in the
Final Order, such as maintenance or monitoring, which are to continue for a longer period.)
The work ultimately done under this Order of Conditions was in compliance with
the Special Permit Decision of the Northampton Zoning Board of Appeals, dated
December 12, 1984 to remove the unauthorized fill.
Issued by Northampton Conservation Commission
Signature(s),
L 1,16
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this �` day of a 4''lr� , 19 `��� , before me
personally
'.-,K n
to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he /she executed
the same as his /her free act and deed.
Notary Public
My commission expires
Detach on dotted line and submit to the Nar1-hamptnn Cnnsprvat nn Commissi
..................................... » ........................ ... ................... » ........ » ............. .... » »..... »... ».... .»..... ................ ». « »... » » »..... »... » »....:.....
T Issuing Authority
Please be advised that the Certificate of Compliance for the project at
File Number 946(j- ' has been recorded at the Registry of ne a ri s , Hamn ch i ra Cn„n t-y
and has been noted in the chain of title of the affected property on
It recorded land, the instrument number which identifies this transaction is
19
1
If registered land, the document number which identities this transaction is + r L f `f
ti
Signature ri8giti u_ - „_ ._. •... Applicant
ichecke C.'! __. _ ...
8 -2
M
-W.
REALTY WORLD — Dulong & Labbee
285 N. King Street, Northampton, MA 01060
Telephone: (413) 586 -3333
September S, 1986
To: Northampton Conservation Commission
Northampton, Massachusetts
Subject: DEQE No. 246 -123
Dear Members,
This is to request that you issue a certificate of compliance with
Massachusetts Wetland Protection Act GLc131 40, section 3 of that form
as the work proposed in the order of conditions was not done. A denial
by the planning board to the previous owners (Kielbowicz) required that
the fill placed on the site be removed in an amount to comply with the
zoning laws of the city of Northampton.
We, as the new owners, have had this done under the supervision of
Almer Huntley & Assoc. and Mr. Ted Tewhill, building inspector of North -
hampton. The letter from Huntly Assoc. is enclosed.
Mr. Larry Smith viewed the site on 8/29/86 at 3:00 pm with Mr. Tew-
hill and approved the site subject to the let from Huntley Assoc.
stating the grades on the plan had been met. As far as we know, all other
work on the site will be outside the buffer zone.
We would appreciate immediate action on this request as a sale of the
land is pending as soon as we receive the certificate of compliance.
Sincerel
vid I. Dulong
Scanr_ed
digitiz - "!
THE REMAU PEOPLE:
Each office independently owned and operated
ALMER HUNTLEY, JR. &`XSSOCIATES, INC. -wool ALMER HUNTLEY, JR. PE. , RLS
SURVEYORS - ENGINEERS - LANDSCAPE ARCHITECTS DOUGLAS W. THOMPSON, RLS
P.O. Box 568 / 125 PLEASANT ST. / NORTHAMPTON, MASS. 01061 WILLIAM R. GARRITY, LA
(413( 5847444
JOHN G. RAYMOND, PE
September 4, 1986
Dulong and Labee Realty World
285 North Street
Northampton, MA 01060
ATTN: PAUL LABBEE
Gentlemen:
We have inspected the excavation of fill on your lot on Coles Meadow Road
and it appears that your contractor has lowered the grade to that shown on
the plan.
It appears that the house location has been changed. Please keep in mind
that you are required to maintain the setbacks (as shown on our plans)
from the streetline to the house to allow for sufficient area to install
the leaching field. Please make it a point to inform the building inspector
of the! house location change.
Very truly yours,
ALMER HUNTLEY, JR. & ASSOC. INC.
Rich Brazeau
RB /sc
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� .� wool
DEOE File No. 1 246- 123 1
(To be provided by DEC»)
city/Town Northampton
Applicant K i e I bow i c z
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, X40
Fr om_ the Northampton Conservation Commission
Tv Edward Kielbowicz same
(Name of Applicant) (Name of property owner)
82 Elm Street Sheet 8 /Parcel 28
Address Hatfield, MA Addre Northampton Assessorjs Maps
This Order is issued and delivered as follows:
O by hand delivery to applicant or representative on (date)
® by certified mail, return receipt requested on necember 7, 1984 (date)
This project Is located a t easterly side of Coles Meadow Road
The property is recdrded at the Registry of Deeds, Hampshire County
Book Z i ) Z_ • P age - 2
Certificate (if registered)
The Notice of Intent for this project was filed on o r obe r 1 5 , 1 A RI& (date)
The public hearing was cic.3ed on November 2 , 1 Ago (date)
Findings
The Nor thaw ton Cnn carva r i „n COMM asinu has reviewed th above- referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information available to the
Conservation Commission atthistime,the Conservation Commission has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance won
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act (check as appropriate):
CJ Public water supply 11
Cl Private water supply
17 Ground water supply CJ
C] Fluod conirr)l +_]
fib]
Storm damage prevention
Prevent pollution (siltation /sedimentatioi
Land containing shellfish
Fisheries
ehec}..M. -.
1✓ -mope
Tti #:refore,the Conservati Commission hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter-
ests checked above. The Con Com mi ss ion orders that all work shag be performed
in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol-
lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
General Conditions
Failure to comply with all conditions stated herein, and with all related statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modify this Order,
2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the nec"sity of complying with all
other applicable federal, state or local statutes, ordMancea, by -laws or regulations.
4. The work authorized hereunder shall be competed witnin three years from the crate of this Order unless
either of the following apply:
(a) the work Is a maintenance dredging project as provided for in the Act; or
(b) the time for completion has been extended to a specified date more than three years, but less than
five years, from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shag be clean fill, containing no trash, refuse, rubbish or de-
bris. including ut not limited to lumber. bricks,
g plaster. wire, lath. paper, cardboard, pipe, tires, ashes,
refrigerators, motor V6hicles or parts of any of the foregoing.
T. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if
such an appeal has liven flied, until all proceedings before the Department have been completed.
8. No work shag be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located. within the chain of title of the affected property. In the
case of recorded land, the Final Order shag also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work Is to be done. In the case of registered land, the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shag be submitted to the rn,, m
issiou.
on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the words, "Massachusetts Department of Environmental Quality Engineering,
File Number 246 -123
10. Where the Department of Environmental Ouality Engineering is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shag be a party to ail agency proceedings
and hearings before the Department.
1 1 . Upon completion of the work described herein, the applicant shall forthwith request in writing that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed.
12. The work shall conform to the following plans and special conditions:
5 -2 ,' ' .` �'
+dig!0 � ..,...
checked
M
tR
Plans:
��63/- CV
Title Dated Signed and Stamped by: On File with:
All Dlans and mat
ials submitted with
th Notice of Intent
including Exhibit
B. PLAN OF PRO—
POSED SEWAGE DIS—
POSAL SYSTEM, and 5 -7 -84 Almer Huntley, Jr. Conservation Commission
Exhibit B. Cross nF [Iactarn Rpgian
Sections. Northampton Zoning
Special Conditions (Use additional paper d necessary) Board of Appeals
1) All construction areas shall be restored to roginal condition or better
upon completion of the project, including vegetation;
2) No areas within the 100 year floodplain nor within 100 feet of a wetland
area, as defined in Chapter 131, Section 40, M.G.L., shall be permissable
disposal sites, unless otherwise approved by the Conservation Commission;
3) Excavated material and topsoil stockpiles shall be located and stabilized so
as to minimize washing into wetland areas or waterways;
4) Adequate measures shall be taken to prevent erosion and siltation of all
disturbed areas;
5) This Order Of Conditions shall apply to any successor in interest or s11ccess('1
in control L`
6) Members and agents of the Conservation Commission shall have the right to
enter and inspect the premises to evaluate compliance with the Conditions
and to require the submittal of any data deemed necessary by the Commission
for that evaluation;
7) Swales or berms shall be constructed along the north and south boundaries of
the property so as to direct surface run —off towards the rear of the property,
and to prevent increased run —off from reaching the properties abutting to the
north and south.
8) During construction periods and until all disturbed are stabilized, the Applicant
sha'l'l implement all eros ion/ sed- imen• t• ation•• cantrah .•dev.iees•••eut•1•i•ned• •inthe-•N•.O.I
(Leave Space Blank)
5 -3A SCanred 4 �
d.
Issued By-. _ .__ . _ Northampton
..r
Conservation Commission
-V-'A G
This Order must be signed by a majority of the Conservation Commission.
On this ea2 ,7 day of 19 — before me
personally appear , to me known to be the
person described in and who executed th rogoino instrument and acknowledged that he /she executed
the same as his/her free act and deed.
9w z'14 -197 -, .
Z4 /9 ,Fi
tary Public My commission expires
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the lend upon which the proposed work is to
be done or any tan residents of the city or town in which such land is located are hereby notified of their right to request the Department
of Environmental Quality Engineering to issue a Superseding Order, providing the request is made by certified mail or hand delivery to
the Department within ten days from the date of issuance of this Order. A copy of the request shad at the same time be sent by certified
mail or hand delivery to the Conservation Commission and the applicant.
HAMPSHIRE,SS. FEBRUARY 21,1985 at 2 O'clock and 33 mina.
P.M.Rec'd.,Ent'd and Ecam'd., with Hampshire
C O' t . l epiarty_of Deeds. Book 2537 Page 21.
ATTEST" e > s `e c
REGISTER. ,r
F
on
necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter.
eats checked above. The Conservation ommi s s i on orders that as work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the got.
lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
../
Therefore, the_____ Con Commission hereby finds that the following conditions are
General Conditions
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory msas-
ures, shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privikigea; it does not authorize any injury
to private property or Invasion of private rights,
3. This Order does not redeve the permittee or any other person of the necessity of complying with all
other applicable federal, state or local statutes, ordinances. by -laws or regulations.
4. The work authorized hereunder shag be completed within three years from the date of this Order urdess
either of the following apply:
(a) the work Is a maintenance dredging project as provided for In the Act; or
(b) the time for completion has been extended to a specified date more than three years, but less than
five years, from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth In this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at kenst 30 days prior to the expiration date of the Order.
8. Any fill used in connection with this project shin be clean fill, comb* tp no trash, refuse, rubbish or de-
bris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tire*, ashes,
refrigerators, motor Vehicles or parts of any of the ll"egokng.
7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or. it
such an appeal has been filed. until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order has been recorded In the Registry of Deede or the Land
Court for the district In which the tend Is located, within the chain of title of the affected property. M the
case of recorded land, the Final Order shall also be noted In the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work Is to be dome. In the case of registered kind, the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information stall be submitted to the C,,..,.,,i a a 4 ou ,
on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the words, "Massachusetts Department of Environmental Quality Engineering.
File Number 24 5 -12 3 .
10. Where the Department of Environmental Quality Engineering Is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings
and hearings before the Department.
1 1 Upon completion of the work described herein, the applicant shall forthwith request in writing that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed.
12. The work shall conform to the following plans and special conditions:
5 -24_
ti
`,►
Plans:
."Noe
Title Dated Signed and Stamped by. On Re with.
All plans and mat
ials submitted with
th Not ice of Intent
including Exhibit
B. PLAN OF PRO-
POSED SEWAGE DIS-
POSAL SYSTEM, and 5 -7 -84 Ajmer Huntley, Jr. Conservation Commissi
EXhibit . .J1F� °ctprn��
Sections. Northampton Zoning
Special Conditions (Use additional paper if necesawy Board of Appeals
1) All construction areas shall be restored to roginal condition or better
upon completion of the project, including vegetation;
2) No areas within the 100 year floodplain nor within 100 feet of a wetland
area, as defined in Chapter 131, Section 40, M.G.L., shall be permissable
disposal sites, unless otherwise approved by the Conservation Commission;
3) Excavated material and topsoil stockpiles shall be located and stabilized st
as to minimize washing into wetland areas or waterways;
4) Adequate measures shall be taken to prevent erosion and siltation of all
disturbed areas;
5) This Order Of Conditions shall apply to any successor in interest or success
in controlL�
6) Members and agents of the Conservation Commission shall have the right to
enter and inspect the premises to evaluate compliance with the Conditions
and to require the submittal of any data deemed necessary by the Commissic
for that evaluation;
7) Swales or berms shall be constructed along the north and south boundaries of
the property so as to direct surface run -off towards the rear of the proper)
and to prevent increased run -off from reaching the properties abutting to ti
north and south.
8) During construction periods and until all disturbed are stabilized, the Appl1*4
shall implement all e-ros ion/ sed•imen•t- ativn--ecntro•1- •devices ... out•1•i-ned ... in ..the •N•
(Leave Space (dank)
.. L ?
check: ,•
Issued By— __ _. Northan1Rton
Signature(s)-
lw/
Conservation Commission
•l ,: � is r r,
This Order must be signed by a majority of the Conservation Commission.
On this L IK4L day of ;�` ' 19 ` , before me
personally appear � -3- c e , to me known to be the
person described in and who executed the egoing instrument and acknowledged that he /she executed
the same as his /her free act and deed.
tary Public My commission expires
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land upon which the proposed work Is to
be done or any ten residents of the city or town in which such land fs located are twreby notified of their right to request the Department
of Environmental Quality Engineering to Issue a &VeaedMg Order, providing the request Is made by certified mail or hand delivery to
the Department within ten days from the date of issuance of this Order. A copy of the request shah at the same time be sent by certified
mail or hand delivery to the Conservation Commission and the applicant.
Detach on dotted line end submit to the _Northampton Conservation Comm issi11irlorto commencement ofwork.
.............................. ..................................................................................................................................................... ...............................
To Northampton Conservation_ Commission issuing Authority
Please be advised that the Order of Conditions for the project et e a s t o r l y side of Co 1_(.- s Meadow Road
File Number 246 -123 has been recorded at the Registry of
and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on _. �. _. 19
If recorded land, the instrument number which identifies this transaction is
It registered land, the document number which identifies this transaction ia__
Signature
5 -4A
Form 3
01 Commonwealth
�-' of Massachusetts
' Z
DEQE He No.
uuby OEOE)
cityrrown Northampton
gppiicant Edward Kielbowicz
Notice of Intent
Under the
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
_ and
Application for a Department of the Army Permit
Part is General Information
1. Location: Street Address
Coles Meadow Road
Lot Number
2. Project: Type
Filli Description Lot has been and will be filled for
cons truction of a single fami
3. Registry: County Current Boo & Page —
Certificate (If Registered Land)
4. Applicant
Edward Kielbowicz Tel. -5481
Address 82 Elm Street, Hatfield MA
5. Property Owner Same Tel.
Address
6. Representative
Almer Huntley, Jr & Associatpc Tnc Tel 584 -7444
Address 125 - Pleasant Street, Northampton, MA 01060
7. Have the Conservation Commission and the DEOE Regional Office each been sent, by certified mail or
hand delivery, 2 copies of completed Notice of Intent, with supporting plans and documents?
Yes ® No 0
S. Have all obtainable permits, variances and approvals required by local by -taw been obtained?
Yes ❑ No
Obtained: Applied For:
ZBA
Filing f or Special Permit
Subsurface sewage disposal
permit _
Not Applied For.
9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L c. 131, §40A or G.L
c. 130, § 105? Yes CH No ❑
10. List all plans and supporting documents submitted with this Notice of Intent.
Identifying
Number,'Letter Title, Date
A Locus Map
B Sewage disposal plan & proposed grading
C Erosion control details and procedures
D Cross sections for estimated fill quanities
E Flood Map
F Soil conservation map & soil classification
1 1 . Check those resource areas within which work is proposed:
(a) U Buffer Zone
(b) Inland:
❑ Bank* Land Subject to Flooding,
-- ❑ Bordering Vegetated Wetland* ❑ Bordering
❑ Land Under Water Body d Waterway* ❑ Isolated
_ (c) Coastal:
• Land Under the Ocean • ❑ !Designated Port Area•
❑ Coastal Beach* ❑ Coastal Dune
• Barrier Beach ❑ Coastal Bank
• Rocky Intertidal Shore* ❑ Salt Marsh*
• Land Under Salt Pond • ❑ Land Containing Shellf ish•
❑ Fish Run •
Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. See Genera l In =ctions for
Completing Notice of Intent. scanne
3 -2 digitized_—_
checkf d - -- --
\,.• "%Wool'
Part II: Site Description
1110 Indicate which of the following information has been provided (on a plan, in narrative description or calcuta-
tions) to clearly, completely and accurately describe existing site conditions.
Identifying
1110 Number /Letter
(of plan, narrative
or calculations)
Natural Features:
B Soils
Vegetation
A & B Topography
Open water bodies (including ponds and takes)
Rowir g water bodies (including streams and rivers)
Public and private surface water and ground water supplies on or within 100 feet of site
B Maximum annual ground water elevations with dates and location of test
B Boundaries of resource areas checked under Part I, item 11 above
Other
Man -made Features:
Structures (such as buildings, piers, towers and headwalls)
Drainage and flood control facilities at the site and immediately off the site, including
culverts and open channels (with inverts), dams and dikes
Subsurface sewage disposal systems
Underground utilities
B Roadways and parking areas
B _ Property boundaries, easements and rights -of -way
Other
Part 111: Work Description
Indicate which of the following information has been provided (on a plan, in narrative description or calcula-
tions) to clearly, completely and accurately describe work proposed within each of the resource areas
checked in Part I, item 11 above.
Identifying
Number /Letter
(of plan, narrative
or calculations)
Planview and Cross Section of:
B Structures (such as buildings, piers, towers and headwalls)
Drainage and flood control facilities, including culverts and open channels (with inverts),
dams and dikes
B
Subsurface sewage disposal systems S underground utilities
Filling, dredging and excavating, indicating volume and composition of material
Compensatory storage areas, where required in accordance with Part III, Section 10
(4) of the regulations
Other
Point Source Discharge
Description of characteristics of discharge from point source (both closed and open
channel), when point of discharge falls within resource area the �d -under Part I, item
1 1 above, as supported by standard engine#6fM uta�iJn t �nd plans, including
but not limited to the following: digitized
3-3 checked
t
t
r
2. Clearly, completely and accurately describe, with reference to supporting plans and calculations where
necessary:
(a) all measures and designs to regulate work within the Buffer Zone so as to insure that said work does
not alter an area specified in Part I, Section 10.02(1) (a) of these regulations; or
(b) if work in the Buffer tone will alter such an area, all measures and designs proposed to meet
the performance standards established for the adjacent resource area specified in Part II or
Part III of these regulations.
Coastal Resource Area Type Bordered By 100 -Foot Oiscret�onary Zone tdent; number or terser
of supDOr documents
CX Inland
._ Before work on site has started, Hay bale erosion checks will B & C
be put in place to prevent silt from being washed into the
vegitated wetland. Work will follow the attached procedures
to minimize damage in the construction area.
F
scarred,
3 -5 digi�C cd
checked _
Use
Use
"
Part V: Additional Information for a Department of the Army Permit
1. COE Application No. 2 •
(to be provided by COE)
3. Names and addresses of property owners adjoining your property:
(Name of waterway)
4. Document other project alternatives (i.e., other locations and /or construction methods, particularly those
that would eliminate the discharge of dredged or fill material into waters or wetlands).
5. a'V x 11 " drawings in planview and cross - section, showing the resource area and the proposed activ-
ity within the resource area. Drawings must be to scale and should be clear enough for photocopying.
Certification is required from the Division of Water Pollution Control before the Federal perrrM can be issued.
Certification may be obtained by oontalcong the Dmslon of Water Pollution Control. 1 Winter Street Boston.
Massacn"tts 02108
Where the acNity will take place vott the area under the Massachusetts approved Coastal Zone
Management Program, the applicant certifies that his proposed actrvey complies o& and will be conducted
in a manner that is consistent vAh the approved program.
Information provided will be used in evaluating the application for a permit and 6 made a matter of public
record through issuance of a pubic notice. Disclosure of this information is voluntary however I necessary
information 6 not provided, the application cannot be processed nor can a permit be issued.
I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying
_ plans, d uments an supporting d a e true and complete, to the best of my knowledge. -
Si of Applicant Date 444
Signature of Applicant's Repr a live Date
FORM L :ception to ENG Form 4345 approved by NQUSACE. 6 May 1982".
_ NED p 100 (TEST►• Massachusetts 1 MAY .This document contains a joint Department or the Army and Slate of Massachusetts aapplication $
for a permit to obtain permission to perform activities in United Slates waters. The Office
of Management and Budget tONB) has approved those questions required by the U9 Army Corps
of Engineers. OMB Number 0702 -0036 and expiration dale of 30 September 1983 applies ". Tbio
statement will be set in 6 point type. $ Carr e "e:�- �-L -- °-•.
3 -6 digit<iz -d �
checked
..sr'
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N...
Form 5
Commonwealth
of Massachusetts
DEOE File No. 246-
(To be provided by DEQE)
City/Town Northampton
o a k
Applicant
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
Fro the Northampton Conservation Commission
To Joseph N. Peltier
Address 279 Coles Meadow Road
(Name of Applicant)
This Order is issued and delivered as follows:
❑ i by hand delivery to applicant or representative on
❑ by certified mail, return receipt requested on
(date)
(date)
This project is located a
The property is recorded at the Registry of Deeds, Hampshire County
Boo Page
Certificate (if registered)
The Notice of Intent for this project was filed on (date)
The public hearing was closed on
Findings
(date)
The Nnrtham Cn Cnmm has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information available to the
Conservation Commission atthistime,the Conservation Commission has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act (check as appropriate):
• Public water supply ❑ Storm damage prevv riries� - -
{ ed_ ___
• Private water supply ❑ Prevention of pollutie fl
❑ Ground water supply ❑ Land containing shellfish
• Flood control ❑ Fisheries
same
(Name of property owner)
Address same
5 -1
Therefore, the Conservation Commission hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter-
ests checked above. The Conservation Commission orders that all work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol-
lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
General Conditions
Failure to comply with all conditions stated herein, and with all related statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state or local statutes, ordinances, by -laws or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless
either of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act; or
(b) the time for completion has been extended to a specified date more than three years, but less than
five years, from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or de-
bris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes,
refrigerators, motor Jdhicles or parts of any of the foregoing.
7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if
such an appeal has been filed, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located, within the chain of title of the affected property. In the
case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of registered land, the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the rnmmi g s i oD
on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the words, "Massachusetts Department of Environmental Quality Engineering,
File Number 246- ITS
10. Where the Department of Environmental Quality Engineering is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings
and hearings before the Department.
11. Upon completion of the work described herein, the applicant shall forthwith request in writing that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed:;'.
12. The work shall conform to the following plans and special conditions: scanrcd`� --
dtgitize t....._. ---
5 -2 checked-- -_ -.._.W -
Plans:
Title Dated Signed and Stamped by: On File with:
Special Conditions (Use additional paper if necessary)
1) All construction areas shall be restored to original condition or better
upon completion of the project, including vegetation;
2) No areas within the 100 year floodplain nor within 100 feet of a wetland
area, as defined in Chapter 131, Section 40, M.G.L., shall be permissable
disposal sites, unless otherwise approved by the Conservation Commission.;
3) Excavated material and topsoil stockpiles shall be located and stabilized so
as to minimize washing into wetland areas or waterways;
4) Adequate measures shall be taken to prevent erosion and siltation of all
disturbed areas;
5) This Order Of Conditions shall apply to any successor in interest or successor
in controlL
6) Members and agents of the Conservation Commission shall have the right to
enter and inspect the premises to evaluate compliance with the Conditions
and to require the submittal of any data deemed necessary by the Commission
for that evaluation;
7) (if checked) Upon completion of the project, the Applicant shall submit a
statement from the Project Engineer that all work has been done in con—
formance with the provisions of the approved Order of Conditions.
( ) YES ( ) NO
............. ...............................
...... ...............................
(Leave Space Blank)
scanI'�"
checked_ .
5 -3A
♦ i
Y
Ussu ed By Northam Conservation Commisaion
f�
'This Order must be signed by a majority of the Conservation Commission.
On this day of 19�, before me
personalty appeare ja;ta e46e2::: , to me known to be the
person described in who executed the foregoing instrument and acknowledged that he /she executed
the same as his/her free act and deed.
Notary Public My commission exrWes
The applicant, the owner, any person aggrieved by this Order, any owner of hind abutting the land upon which the proposed work Is to
be done or any ten residents of the city or town in which such land Is located are hereby notified of thek right to request this Department
of Environmental Quality Engineering to issue a Superseding Order, providing the request is made by certified mail or hand delivery to
the Department within ten days from the date of issuance of this Order. A copy of the request shah at the same time be sent by certified
mag or hand delivery to the Conservation Commission and the applicant.
Detach on dotiod line and submit to the Northampton Conservation Comm i s s i oor ior to commencement of work.
Ira Northampton Conservation Commission IssuingAuthonty
(Please be advised that the Order of Condltions for the project at
f=ile Number 246— has been recorded at the Registry of Deed HamRch i rp Cnttn ry and
has been noted in the chain of title of the alfected property in accordance with General Condition 8 on 19
r•
If recorded land the instrument number which identifies this transaction is �(# r
scanr.c' ._..M - . .
If registered land, the document number which identifies this transaction
;signature � Applicant
5 -4A
\.., - - -
Fo 4
Commonwealth
of Massachusetts
u p .;
1.0,
DEQE File No. 246 —
(To be provided by DEQE)
Applicant
Abbreviated Notice of Intent
Massachusetts Wetlands Protection Act, G.L. c.131, §40
To be used only for projects of minimum impact, as described in the General Instructions for Completing the
Notice of Intent.
1. Location: Street Address 2 - 1 9 (20L5 I'Y)Qlt.") �6'0 Lot Number
2. Project: Type Al301le 6 - &4410 60104 /%LS7.S+ttsrria�/ Descriptio
3. Registry: County Hampshire Current Boo & Page
Certificate (if Registered Land)
4 A li
Tel. - - /76 7
Address: a 74 ���o< rnv� �R %i Aw Aladm�d=,z a,d 17w,
5. Property Owner: S.9rne_ Tel.
Address:
6. Representative: N� Tel
Address
7. Have the Conservation Commission and DEOE Regional Office each been sent, by certified mail or
hand delivery, 2 copies of completed Notice of Intent, with supporting plans and documents?
Yes ❑ No • ❑
8. Have all obtainable permits, variances and approvals required by local by -law been obtained qr applied
for? Yes ❑ No ❑
Obtained:
Applied For:
9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c. 131, §40A or G.L.
c.130,§105? Yes ❑ No
10. last all plans and supporting documents submitted with this Notice of Intent.
Identifying
Number /Letter Title /Date
# / m l ", P ®LAN
�_ � La
Not Applied For:
scanr,e , .. `
d191UZ r(1_,,..., ..
4-1 cl,
``mw
1 1. For work proposed within the Buffer Zone (as defined in Part I, Sections 10.02(2) and 10.04 of the reg-
ulations) describe, with reference to supporting plans and calculations where necessary:
(a) The size, shape, type and ! ocation of the proposed work.
.1 • J/ D/fi e Rao ve /'dad
- iq��X Va l �2a ,� e �LG��'� Z /%? e- 1 /, JY &94LS
it
(b) Mitigating measures and designs to insure that the proposed work will not alter the resource area
which said Buffer Zone borders; or if it will alter said resource area, the mitigating measures and
designs proposed to meet the performance standard established for that resource area in Part II
or Part III of these regulations.
4 L1121�y_ S-e
�e L�dG is >r 19 / /eo h'13a�� G�r, 1Ii2.a f��✓ _11207
& soil 0wcz�, lvkah g4 /.Z "04 a-1 e%a-?M a,—
7' _
1_)edYJ 424 eo yea 9/ // fe /;;W//
7 �r>y G ccroe�7c�/ /LAG Se.O �iz.9i�.9�e .
12. For work proposed within Land Subject to Flooding (as defined Part III, Section 10.57(2) of the reg-
ulations) describe, with reference to supporting plans and calculations where necessary:
(a) The size, shape, type and location of the proposed work.
N�
(b) Mitigating measures and designs proposed to meet the performance standards set forth in Part Ill,
Section 10.57(4) of the regulations.
'
I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying
plans, d ents and supporting data are true and complete, to the best of my knowledge.
Sign ate of Applicant Date
Signature of Applicant's Representative Dated 1L`t
4 -2 checltes
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2111111 111
Form 4
i Commonwealth
of Massachusetts
t -
i
DEQE Fite No. 246 —
jo be provided by = ----
City/Town
Applicant
Abbreviated Notice of Intent
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
To be used only for projects of minimum impact, as described in the General Instructions for Completing the
Notice of Intent.
1. Location: Street Address 5 me- �'V A0- Lot Number
a�c� C0
A/3 -� (T,Q�ccnO �60L //1ST�I «,�rria�L_— Descriptio
2. Project: Type _
3. Registry: County Hampshire _ Current Boo a
A n Q & Page
Certificate (if Registered Land)
4. Applicant:
Address: A _
5. Property Owner:
e Tel. --
Address: Tel.
6. Representative: ��
Address
7. Have the Conservation Commission and DE�E Regional Office each been sent, by certified mail or
I Intent, with supporting plans and documents?
hand delivery, 2 copies of completed Notice o
Yes O No • (] lied
8. Have all obtainable permits, variances and approvals required by local by -taw been obtained 4r app
for? Yes 0 No O Not Applied For:
Obtained: Applied For:
-- ------- Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. C. 131, §40A or G.L.
9 . C.130,§105? Yes O No j
10. List all plans and supporting documents submitted with this Notice of Intent.
Identifying Title /Date
Number /Letter
4 -1
j
r"
.../
1 1. For work proposed within the Buffer Zone (as defined in Part I, Sections 10.02(2) and 10.04 of the reg-
ulations) describe, with reference to supporting plans and calculations where necessary:
(a) The size, shape, type and !ovation of the proposed worts.
i9Qa ve G /�uu �� �G�L e i�5 - ;;V o
a 2 IZU7 411-41—
fl�,o Vol ��zar� � 6t�f�i' L�i� tY.s�y �.s�1s
(b) Mitigating measures and designs to insure that the proposed work will not alter the resource area
which said Buffer Zone borders; or if it will alter said resource area, the mitigating measures and
designs proposed to meet the performance standard established for that resource area in Part II
or Part III of these regulations. � . 7p
7lr e /�L Cb ed
61 - lo arc
2 KC,c u% 7 /OTC of -fie soil o f� -7W Lrj T 11,7
%!nom //r9� ,a.914r' - STp/eGs AF
J)2G��G7�O c7/�. a 4V411 � y a se, �i2Ar "7.9ere -
7 A.?Y G ccior�7c . /zPL�
12. For work proposed within land Subject to Flooding (as defined irPart III, Section 10.57(2) of the reg-
ulations) describe, with reference to supporting plans and calculations where necessary:
(a) The size, shape, type and location of the proposed work.
N�
(b) Mitigating measures and designs proposed to meet the performance standards set forth in Part III,
Section 10.57(4) of the regulations.
I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying
plans, dents and supporting data are true and complete, to the best of my knowledge.
Sign at of Applicant Date
Signature of Applicant's Representative
Date ,
4 -2