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10A-001 kennedy rd planningCITY OF NORTHAMPTON � 3 l APR j 1995 OFFICE SPECIAL SPECIAL PERMIT AND SITE PLAN APPL CArft N _,,, �____ _ _ 1 %, M 01060 1. PERMIT AUTHORITY(IES): ZBA Planning Board x Council_ 2. Applicant's Name Robert F. Borawski Address: 115 Oak Street, Northampton Telephone: (413) 584 -501 3. Property Owner Robert A. Borawski Address: 170 Aubudon Road, Leeds Telephone: x413) 5s4 -929 4. Status of Applicant:Owner Contract Purchaser x Lessee Other (explain) 5. Parcel Identification: Zoning Map # to Parcel 16 Zoning District: WSP -RR Street Address: Lot 5, Kennedy Road 6. Special Permit requested under Zoning Ordinance Section 16 1 n Pg _L j ( Z - l 7. Site Plan is for: Intermediate Project x or Major Project None (only for a Sign) 8. Narrative Description of the Proposed Project (Use additional sheets if necessary): Construction of Single Family Residence wi associated driveway and septic system. 9. How does project comply with Special Permit criteria: (See Applicant's Guide for criteria -use additional sheets is necessary) SEE LETTER OF APPLICATION -DATED APRIL 3, 199 10. Site Plan, with any requests for waivers, must be attached. 11. Certified Abutters List from Assessors' Office must be attached. 12. 1 certify that 1 have read the permit criteria and that the information contained herein is true and accurate to the best of my knowledge. 1 (or the landowner if 1 am not the landowner) grant the Zoning ar and Planning Board permission to enter the property to revi is a pli atir. Date: 41 9 o r, Applicant's Signature: (memorex \wpVorms \siteplan.pb 4,x2/93). rw, c�0d� �- SITE PLAN REQUIREMENTS -- OPTIONAL REQUEST APR 3 1995 WAIVER CITY CLERKS OFFICE 70 MA 01060 The application MUST include a site plan and documentation with the following information. Upon written request, the Planning Board may waive the submission of any of the required information, provided that the Applicant provides some written information on each of the items and explains why a waiver is appropriate. For each requested waiver circle the item number and fill in the reason for your request in the space provided. Use additional sheets if necessary. See the Zoning Ordinance for all site plan requirements. a Site plan(s) at a scale of 1" = 40' showing: B -1. Name and address of the owner and the developer, name of the project, date and scale of plans; Location and boundaries of the lot, adjacent streets or ways, location and owners names of all adjacent properties and those within 300 feet of the property line, and all zoning district boundaries I - 5 rc B -3. Existing and proposed buildings, setbacks from property lines, building elevations, and all exterior entrances and exits (elevation plans of all exterior facades structures are encouraged); B -4. Present & proposed use of the land and buildings* B -5. Existing and proposed topography at two foot contour intervals, showing wetlands, streams, surface water bodies, drainage swales, floodplains, and unique natural land features (for intermediate projects the permit granting authority may accept generalized topography instead of requiring contour lines); B -6. Location of parking & loading areas, public & private ways, driveways; walkways, access & egress points, proposed surfacing; B -7. Location and description of all stormwater drainage facilities, (including applicable calculations and drainage public & private utilities, sewage disposal facilities, and water supply; — B -8. Existing & proposed landscaping, trees and plantings (size & type of plantings), stone walls, buffers, and fencing; B -9. Location, dimensions, height, color, illumination of existing and proposed signs; B -10 Provisions for refuse removal, with facilities for screening of refuse when appropriate; B -11 An erosion control plan (for major projects only) and other measures taken to protect natural resources & water supplies C. Estimated daily and peak hour vehicle trips generated by the proposed use, traffic patterns for vehicles and pedestrians showing adequate access to and from the site, and adequate vehicular and pedestrian circulation within the site. CONSULT ZONING FOR INFORMATION REQUIRED FOR MAJOR PROJECTS. Site Plans submitted for major projects shall be prepared (and stamped) by a registered Architect, Landscape Architect, or Professional Engineer A. LOCUS (show where your project is on this or another map) LOT-44 5 LOCUS SKETCH APR 1995 (dell\pb \siteplan.pb 3/6/94 M 1995 -� APR 0 0 3 6 u 01TY c;;-CRKS OrRiCE Date Filed - Lei -,, r� rA 01060 ZONING PERMIT APPLICATION ( 510.2) 1. Name of Applicant: �,/P/L7� : Q ,� Address: /S r AfA —Telephone: 3 - - 2. Owner of Property: /CO a� Q/gltlJ.�T Address: X70 AvDv�,v Telephone : y /.3 - S"�y - 3. Status of Applicant: Owner Contract Purchaser Lessee Other (explain: ) 4. Parcel Identification: Zoning Map Sheet# /0 Parcel# 41 , Zoning District(s) (includg-overlayp ) Street Address $ Required 5. Exis-tincr Proposed 1 by Zonin Use of Structure /Property oYV (if project is only work, skip to ##6) Building height - B1dg.Coverage (Footprint) Setbacks - front 0 side L: R: :t R: - rear 700* Lot size S Frontagle . Floor Area Ratio -Open Space (Lot area minus building and parking) Parking Spaces Loading Signs Fill (volume & location) 6. Narrative.Descr' tion of Pro osed Wo k /Pro f ct: (Use ad di iona sheets if necessary) V4 4 4404 ; 12 : ez 7. Attached Plans: Sketch Plan Site Plan 8. Certification: I hereby certify that the information contained herein is true and to the best of my knowledg . -- Date: �� ~/ G ' / T Applicant's Signature: THIS SECTION FOR OFFICIAL USE ONLY: — — — Approved as presented /based on information presented ,,/ Denied as presented - -Reason: S ecial Permit and /or Site Plan Required: ng ui d: Variance Required: gnat of Bui Inspector a � 7 bate NOTE: issuance of a zoning permit does not reRave an applicant's burden to comply wills all zoning requirements and obtain all required ponnits from tho Board of Hoallh, Consorvadon Commission, Dopattmenl of Public Works and outer applicable ponnit flrantino authomes. The . Berkshire Design Group, Inc. March 31, 1995 City of Northampton Planning Board City Hall Northampton, MA 01060 RE: Special Permit Lot # 5 Kennedy Road Robert F. Borawski Dear Planning Board Members: r..i APR 3 1995 CITY CLERKS 0;=F;CE f lQ : JAM1PT' MA 01060 q � -.,, f -/ � In accordance with section 16.7.1D of the Zoning Ordinance of the City of Northampton, and on behalf of the applicant Mr. Robert F. Borawski, attached please find a SPECIAL PERMIT AND SITE PLAN APPLICATION for the construction of a single family residential house. The permit is required as the house is located within the Watershed Protection District and is located within 200 feet of a watercourse that is tributary to a public water system. As required in the APPLICATION, Item #9, the project complies with the Special Permit Criteria Section 10.10.3, as follows: A. The project will not alter existing drainage patterns, and will consist .1n hiI, of a single family residential house located in a residential zoned area. (it'rl l.n,inrrrirr_,* B. The single family residential project will generate minor traffic impacts, and the location of the driveway coincides with the location of the existing woods road access, thereby retaining the existing drainage impacts. r:t1, rrvrrlrclrr�l .5„ IC", C. The site location is in a residential/wooded area and the proposed use is single family residential with low density. D. The project consist of a single residential home located on an 8.6 acre parcel of land. This site could theoretically support 4 residential homes, therefore this project decrease the potential density of housing sites which could be constructed on this site. A single residential house should not overload or burden the City's systems. 4 Allen Place Northampton. 1 0 astiachuSettti 01060 a.- Telephone (413) 533 - 7000 Fac"imile (4131 582-7005 April 3, 1995 Special Permit Lot # 5 Kennedy Road Robert F. Borawski APR 3 1995 CITY CLERKS OFFICE NoRTH,`a 11�T0\, �?A Oi060 Page 2 E. The requested use will meet the special requirements set forth in the Zoning Ordinance as follows: • 16.72A The site is for a single family residence. • 16.72B All drainage is directed to flow overland toward vegetated surfaces. • 16.72C All disturbed areas of the site will be loamed and seeded. • 16.72D The site will only be used as a single family residential home site. • 16.72E All sewage pipes will be constructed in accordance with Title V of the State sanitary Code. • 16.72F Only those chemicals associated with normal household use are proposed to be used or stored on the site. • 16.72G This site does not propose to function in any capacity other than as a single family residential home. F. The proposed use will be in conformance with the general intent of the Ordinance in that it will protect the water supply and will in fact protect the site from the potential of the construction of additional residential homes on the same 8 acre parcel, thereby creating a much less than required density ratio for the parcel. G. The requested use will promote City planning objectives in that the project will protect the public water supply, retain a low density of development near the water supply and is in compliance with all of the performance standards and requirements of the district. The following waiver to the site plan requirements is requested: B -2 The entire boundary of the lot and abutters are not shown on the s ite p lan . The entire boundary of the lot and abutters are shown on a 1" = 100' scale plan prepared for the property owner, Robert A. Borawski, by Ainsworth Associates dated August 2, 1994. The property boundary plan is part of a special permit for a common driveway application as submitted to and approved by the Planning Board, and is on file with the Planning Board. The applicant request that a waiver be granted allowing that the entire property boundary and abutters not be required to be ..� April 3, 1995 Page 3 Special Permit Lot # 5 Kennedy Road Robert F. Borawski shown on the Site Plan, because at a scale of 1" = 40' it would require additional sheets without providing any additional detail or information not already presented to the Board. C. The project will generate approximately 10 vehicle trips per day, with no specific peak hour trips. This information is hereby provided but not shown on the site plan. If there are any questions, please contact the undersigned. Sincerely, The Berkshire Design Grou Inc. l/ Mark B. Darnold, P.E. Principal cc: Robert F. Borawski Robert A. Borawski encl. APR 3 1995 CITY CLERKS OFFICE NORTHAMPTON, MA 01060 NORTHAMP"..l ASSESSOR'S LABELS 1.0v Owners and PARCEL PARCEL ADDRESS Owners' Mailing Address )5 - 017 -001 141 AUDUBON RD BURROWS DANIEL J & PHILIP E 141 AUDUBON RD LEEDS MA 01053 )5 - 026 -001 228 AUDUBON RD SWIFT WILLIAM G & ELIZABETH A 16796 BUSHARD STREET FOUNTAIN VALLEY CA 92708 )5 - 044 -001 219 AUDUBON RD BRAZEAU JAMES & SIGRID D 219 AUDUBON RD LEEDS MA 01053 )5 - 045 -001 179 AUDUBON RD LASHWAY WILLIAM J III & LESLIE 179 AUDUBON RD LEEDS MA 01053 )5 - 046 -001 167 AUDUBON RD TORTORIELLO JOSEPH R & LINDA L 167 AUDUBON ROAD LEEDS MA 01053 )5 - 047 -001 151 AUDUBON RD FAIVRE FRANKLIN R & MARY E P.O. BOX 252 LEEDS MA 01053 LO - 002 -001 401 KENNEDY RD GOUGEON NORMAN E & CAROL A 401 KENNEDY RD LEEDS MA 01053 LO - 005 -001 311 KENNEDY RD GORDON JEFFREY D & DIANA 11 311 KENNEDY RD LEEDS MA 01053 12/16/94,{ APR 3 1995 Page 1 J CITY CLFRKP- n=)CP NORTHAMF N ASSESSOR'S LABELS . r/ Owners and PARCEL PARCEL ADDRESS Owners' Mailing Address 0 - 006 -001 RESERVOIR RD NORTHAMPTON CITY OF 210 MAIN STREET NORTHAMPTON MA 01060 0 - 007 -001 200 AUDUBON RD BRANDT ROBERT & JOAN SWERDLOW- BRANDT P.O. BOX 43070 JACKSONVILLE FL 32203 0 - 008 -001 222 AUDUBON RD MARMOR ROBERT D & AMY JO MITRA 222 AUDUBON RD LEEDS MA 01053 0 - 009 -001 KENNEDY RD THUMA GENEVIEVE EASTMAND 217 KITTELL RD FAYETTEVILLE NY 0 -011 -001 523 KENNEDY RD CLEMENTE ALICE R 523 KENNEDY RD LEEDS MA 01053 0 - 012 -001 507 KENNEDY RD O'BRIEN EDWARD F & ANDREA M 507 KENNEDY RD LEEDS MA 01053 0 - 013 -001 214 AUDUBON RD WHITNEY LEE M 214 AUDUBON RD LEEDS MA 01053 0 - 015 -001 481 KENNEDY RD MAGER AMY E & DANIEL GARFIELD 481 KENNEDY RD LEEDS MA 01053 2/16/94 D Page 2 APR j 1995 CITY CLERICS Or -FICE NORTHAPIPTONJOA 01060 NORTHAM' )N ASSESSOR'S LABELS Owners and - PARCEL PARCEL ADDRESS Owners' Mailing Address LO -016 -001 KENNEDY RD BORAWSKI ROBERT A P.O. BOX 301 LEEDS MA 01053 10 - 017 -001 KENNEDY RD BORAWSKI ANN M P.O. BOX 301 LEEDS MA 01053 10 - 018 -001 KENNEDY RD BORAWSKI ROBERT A P.O. BOX 301 LEEDS MA 01053 L0 -019 -001 KENNEDY RD BORAWSKI ANN 1 -1 P.O. BOX 301 LEEDS MA 01053 LO - 020 -001 KENNEDY RD BORAWSKI ROBERT A P.O. BOX 301 LEEDS MA 01053 LO - 021 -001 KENNEDY RD GERVAIS MARTHA S 567 KENNEDY ROAD LEEDS MA 01053 LO - 022 -001 AUDUBON RD BORAWSKI ROBERT A & ANN M P 0 BOX 301 LEEDS MA 01053 IOB -001 -001 150 AUDUBON RD CHAPPELL ANNIE 150 AUDUBON RD - RFD #1 LEEDS MA 01053 2/16/94 1995 Page 3 A PR 3 CITY CI ESKS OFFICE NORTHAMP Tt'N._ %% 01060 NORTHAMP I ASSESSOR'S LABELS Owners and PARCEL PARCEL ADDRESS Owners' Mailing Address OB- 073 -001 134 AUDUBON RD Assessor's Certification: Date; 2/16/94 D ECE0 -d E r� APR 3 1995 LU CITY CLERKS OFFICE mn��"4m,PTON. NIA 01060 HEON CONRAD N 134 AUDUBON RD LEEDS Page 4 on The Berkshire Design Group, Inc. March 31, 1995 City of Northampton Planning Board City Hall Northampton, MA 01060 RE: Special Permit Lot # 5 Kennedy Road Robert F. Borawski Dear Planning Board Members: •.1 In accordance with section 16.7.1D of the Zoning Ordinance of the City of Northampton, and on behalf of the applicant Mr. Robert F. Borawski, attached please find a SPECIAL PERMIT AND SITE PLAN APPLICATION for the construction of a single family residential house. The permit is required as the house is located within the Watershed Protection District and is located within 200 feet of a watercourse that is tributary to a public water system. As required in the APPLICATION, Item #9, the project complies with the Special Permit Criteria Section 10.10.3, as follows: A. The project will not alter existing drainage patterns, and will consist L mdscopc . 1, c of a single family residential house located in a residential zoned area. Civil L�n,��ra�•c��ili¢ B. The single family residential project will generate minor traffic I'll rrti t,> impacts, and the location of the driveway coincides with the location of the existing woods road access, thereby retaining the I existing drainage impacts. Fin-Inwnrrrw'd C. The site location is in a residential/wooded area and the proposed use is single family residential with low density. D. The project consist of a single residential home located on an 8.6 acre parcel of land. This site could theoretically support 4 residential homes, therefore this project decrease the potential density of housing sites which could be constructed on this site. A single residential house should not overload or burden the City's systems. 4 Allen Place Northampton, MassachUSettti 01060 0 TrlePhone (413) 582 -7000 Facsimile 141 1. 582 -7005 `r April 3, 1995 Page 2 Special Permit Lot # 5 Kennedy Road Robert F. Borawski E. The requested use will meet the special requirements set forth in the Zoning Ordinance as follows: • 16.72A The site is for a single family residence. • 16.72B All drainage is directed to flow overland toward vegetated surfaces. • 16.72C All disturbed areas of the site will be loamed and seeded. • 16.72D The site will only be used as a single family residential home site. • 16.72E All sewage pipes will be constructed in accordance with Title V of the State sanitary Code. • 16.72F Only those chemicals associated with normal household use are proposed to be used or stored on the site. • 16.72G This site does not propose to function in any capacity other than as a single family residential home. F. The proposed use will be in conformance with the general intent of the Ordinance in that it will protect the water supply and will in fact protect the site from the potential of the construction of additional residential homes on the same 8 acre parcel, thereby creating a much less than required density ratio for the parcel. G. The requested use will promote City planning objectives in that the project will protect the public water supply, retain a low density of development near the water supply and is in compliance with all of the performance standards and requirements of the district. The following waiver to the site plan requirements is requested: B -2 The entire boundary of the lot and abutters are not shown on the s ite lan. The entire boundary of the lot and abutters are shown on a 1" = 100' scale plan prepared for the property owner, Robert A. Borawski, by Ainsworth Associates dated August 2, 1994. The property boundary plan is part of a special permit for a common driveway application as submitted to and approved by the Planning Board, and is on file with the Planning Board. The applicant request that a waiver be granted allowing that the entire property boundary and abutters not be required to be NOW ../ April 3, 1995 Page 3 Special Permit Lot # 5 Kennedy Road Robert F. Borawski shown on the Site Plan, because at a scale of 1" = 40' it would require additional sheets without providing any additional detail or information not already presented to the Board. C. The project will generate approximately 10 vehicle trips per day, with no specific peak hour trips. This information is hereby provided but not shown on the site plan. If there are any questions, please contact the undersigned. Sincerely, The Berkshire Design Group-Inc. U Mark B. Darnold, P.E. Principal cc: Robert F. Borawski Robert A. Borawski encl. *,"W CITY OF NORTHAMPTON SPECIAL PERMIT AND SITE PLAN APPLICATION 1. 2. 3. 4. 5. 6. 7. PERMIT AUTHORITY(IES): ZBA Planning Board x Council Applicant's Name Robert F. Borawski Address: 115 Oak Street, Northampton Telephone: (413) 584 -501 Property Owner Robert A. Borawski Address: 170 Aubudon Ro Leeds Status of Applicant: Owner, Other (explain) Parcel Identification: Zoning Map # to Parcel 16 Zoning District: WSP - RR Street Address: Lot 5, Kennedy Road Special Permit requested under Zoning Ordinance Section. I 1 n Pg 4 Site Plan is for: Intermediate Project x or Major Project None (only for a Sign) 8. Narrative Description of the Proposed Project (Use additional sheets if necessary): Construction of Single Family Residence_, wi associated driveway and septic system. 9. How does project comply with Special Permit criteria: (See Applicant's Guide for criteria -use additional sheets is necessary) SEE LETTER OF APPLICATION -DATED APRIL 3, 199 10. Site Plan, with any requests for waivers, must be attached. 11. Certified Abutters List from Assessors' Office must be attached. 12. 1 certify that 1 have read the permit criteria and that the information contained herein is true and accurate to the best of my knowledge. 1 (or the landowner if I am not the landowner) grant the Zoning ar and Planning Board permission to enter the property to revigr�Ki's app i atiq, r. Date: 4 / -i� 9 s Applicant's Signature: (memo rex\wp \fo rms\siteplan. pb 4/2/93). .,01 Telephone: (413 5s4-329 Contract Purchaser x Lessee V A 1"./ SITE PLAN REQUIREMENTS -- OPTIONAL REQUEST FOR WAIVER The application MUST include a site plan and documentation with the following information. Upon written request, the Planning Board may waive the submission of any of the required information, provided that the Applicant provides some written information on each of the items and expla ?ns why a waiver is appropriate. For each requested waiver circle the item number and fill in the reason for your request in the space provided. Use additional sheets if necessary. See the Zoning Ordinance for all site plan requirements. Site plan(s) at a scale of 1" = 40' showing: B -1. Name and address of the owner and the developer, name of the project, date and scale of plans; - Location and boundaries of the lot, adjacent streets or ways, location and owners names of all adjacent properties and those within 300 feet of the property line, and all zoning district boundaries; SF S I95 B -3. Existing and proposed buildings, setbacks from property lines, building elevations, and all exterior entrances and exits (elevation plans of all exterior facades structures are encouraged); B -4. Present & proposed use of the land and buildings B -5. Existing and proposed topography at two foot contour intervals, showing wetlands, streams, surface water bodies, drainage swales, floodplains, and unique natural land features (for intermediate projects the permit granting authority may accept generalized topography instead of requiring contour lines); B -6. Location of parking & loading areas, public & private ways, driveways; walkways, access & egress points, proposed surfacing B -7. Location and description of all stormwater drainage facilities, (including applicable calculations and drainage public & private utilities, sewage disposal facilities, and water supply; — B -6. Existing & proposed landscaping, trees and plantings (size & type of plantings), stone walls, buffers, and fencing B-9. Location, dimensions, height, color, illumination of existing and proposed signs; B -10 Provisions for refuse removal, with facilities for screening of refuse when appropriate; B -11 An erosion control plan (for major projects only) and other measures taken to protect natural resources & water supplies C. Estimated daily and peak hour vehicle trips generated by the proposed use, traffic patterns for vehicles and pedestrians showing adequate access to and from the site, and adequate vehicular and pedestrian circulation within the site. CONSULT ZONING FOR INFORMATION REQUIRED FOR MAJOR PROJECTS. Site Plans submitted for major projects shall be prepared (and stamped) by a registered Architect, Landscape Architect, or Professional Engineer A. LOCUS (show where your project is on this or another map) LOT -4 S o 1i) z (deRpb \siteplan.pb 3/6192) `.... ..0001 Date Filed 00361 File No. ZONING PERMIT APPLICATION I. Name of Applicant: 1 -F Address: /S� , /� Telephone: 3 2. Owner of Property: /ep �T �2p1 Address: /70 AyivedAi Z.,6 iy,4 Telephone: e1j3-S 3. Status of Applicant: Owner Contract Purchaser Lessee Other (explain: 4. 0 Parcel Identification: Zoning Map Sheet# /0 Parcel# k r Zoning District(s) (include•overla ) ,e Street Address _A S Use of Structure /Property (if project is only inter Building height oBldg.Coverage (Footpri. setbacks - front - side - rear Lot size Frontage - Floor Area Ratio . oOpen Space (Lot area m- building and parking) Parking Spaces Loading Signs Fill (volume & location) ExistincT Pro nosed 'Required by Zonin . 4'Yr7 ior work, skip to #6) 7t) L: R: R: 70t1 a` . S .nus 6. Narrative .Des of Pro osed N if necessary) Y 7. Attached - Plans: Sketch Plan k /Proj ,pct: (Use addij Site Plan 8. Certification: I hereby certify that the information contained herein is true and - accurate to the best of my knowledg . Date: G -/� Applicantrs Signature: ti THIS SECTION FOR OFFICIAL USE ONLY: Approved as presented /based on information presented Denied as presented -- Reason: Sp ecial * * Permit and /or Site Plan Required: ��rttngud: Variance Recruited: gnatux`e' of Bum l Inspector /J- / 7 -S� Date NOTE tssuonce of a zoning permit does not reQave an applicant's burden to comply with all zoning roquiroments and obtain dl roqutrod pormHs from tho Board of Haalth, Consorvation Commission, Dopartmont of Public Works and otlior appricabfo permit granting autho(itlos. /c *T)- City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 FAX (413) 586 -3726 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking commission DECISION OF NORTHAMPTON PLANNING BOARD APPLICANT: Robert A. Borawski ADDRESS: c/o Morse & Sacks 31 Trumbull Road Northampton, MA 01060 OWNER: Robert A. Borawski ADDRESS: 170 Audubon Road Leeds, MA 01053 RE LAND OR BUILDINGS IN NORTHAMPTON AT: Audubon and Kennedy Road Leeds MAP AND PARCEL NUMBERS: MAP 10 PARCEL 1,16,17,18,19,20 & 22 At a meeting conducted on September 26, 1996, the Northampton Planning Board unanimously voted 6:0 to grant the request of Robert A. Borawski to amend a SPECIAL PERMIT with Site Plan Approval dated October 27, 1994 under the provisions of Section 6.12, 10.10 and 10.11 in the Northampton zooning� ord inance, and create a common driveway to serve Lots 7, Kennedy Roads in accordance with the following plan: 1. "Special Permit Plan of Land in Northampton, MA, Hampshire Co.: Plan and Road Profile," Prepared for Robert A. Borawski by The Berkshire Design Group, Inc., dated August 12, 1996. 2. "Proposed Easement Alteration in NORTHAMPTON (Hampshire Co.), MA Prepared for ROBERT A. BORAWSKI," by Ainsworth Associates, Inc. dated July 3, 1996. Planning Board Members present and voting were: Vice Chair Daniel J. Yacuzzo, Jody Blatt, Nancy Duseau, Mark NeJame, Anne Romano and Associate Member Paul Diemand. In Granting the Amendment to the Special Permit with Site Plan Approval for a common driveway, the Planning Board found: A. The requested use protects adjoining premises against seriously detrimental uses because the Table of Use Regulations allow common driveways by Special Permit in all ORIGINAL PRINTED ON RECYCLED PAPER zoning districts. --4 B. The requested use will not create undue traffic congestion or unduly impair pedestrian safety because less traffic congestion will occur at the intersection with public roads with shared driveways than would occur with multiple driveways. C. The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area because it will serve three residences in keeping with the residential character of the neighborhood. D. The requested use will not overload any public water, drainage or sewer system, or any other municipal system to such an extent that the requested use or any developed use in the immediate area or in any other area of the City will be unduly subject to hazards affecting health, safety, or the general welfare, because a driveway will not affect any municipal system. E. The requested use meets all special regulations set forth in the Zoning Ordinance, specifically Section 6.12 and Section 10.11. (See Attachments A and B) F. The requested use bears a positive relationship to public convenience or welfare because a common driveway requires fewer curb cuts onto public streets which will service more residences. The use will not unduly impair the integrity of character of the district or adjoining zones, will not be detrimental to the health, morals, or general welfare, and is in harmony with the general purpose and intent of the Ordinance, because a common driveway reduces the amount of pavement and the number of curb cuts onto city streets and maintains the rural character of the district. 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 granting the Special Permit with Site Plan Approval for a common driveway, the Planning Board imposed conditions upon the project as follows: 1. All work shall comply with the plans entitled: "Special Permit Plan of Land in Northampton, MA, Hampshire Co.: Plan and Road Profile," Prepared for Robert A. Borawski by The Berkshire Design Group, Inc., dated August 12, 1996. 2. House numbers identifying all of the homes utilizing each common driveway shall be placed at the intersection with the city street, and at any subsequent fork /turnoffs in the common driveways for the purpose of identification by emergency vehicles. 3. Lots 7, 8 and 9 shall have access and house numbers from Audubon Road only. 4. Easements, as necessary, shall be placed on the deeds to the lots serviced by the common driveways, granting access to and over the subject parcels and shall be recorded at the Registry of Deeds, prior to the issuance of a curb cut /driveway permit. 5. An easement as shown on, Proposed Easement Alteration in NORTHAMPTON (Hampshire Co.), MA Prepared for ROBERT A. BORAWSKI," by Ainsworth Associates, Inc. dated July 3, 1996, shall be prepared for filing and recording at the Registry of Deeds. 6. The following restrictions shall be placed on the deeds to the subject lots serviced by a common driveway: a. No additional vehicular access shall be granted /or allowed to lots served by the Common driveways from other than the common driveways approved by these Special Permits; b. The common driveway is a private driveway and is not a City way. The maintenance, operation and repair, reconstruction (including snow plowing and snow /ice removal) is the responsibility and liability of the property owners; C. The common driveway shall be constructed and maintained with a surface of gravel /trap rock and shall not be constructed with an impervious cover, unless so ordered by the Department of Public Works, as a condition for the granting of a curb ...i cut /driveway permit. 7. All municipal utilities to service the lots shall be placed within the common driveway easement and appropriate utility easements shall be placed on the deeds to the subject properties. 8. All such deed easements, restrictions and plans must be recorded at the Hampshire County Registry of Deeds, and must be submitted to and approved by the Northampton Planning Board, with the submittal of the "Subdivision Approval Not Required" Plan (Form A Plan), prior to its endorsement and the recording of the documents and plans at the Registry of Deeds. Proof of the recording shall be submitted to the Building Commissioner, prior to the issuance of a Building Permit. 9. Prior to the issuance of a Building Occupancy Permit, the developer shall submit, to the Building Commissioner, a certified statement from the project engineer, that the driveway was constructed in general conformance with the plans approved with this Special Permit. 10. In order to prevent the Common Driveway permit from becoming invalid, the common driveway shall be constructed as shown on approved plans within two years of the issue date of this Special Permit. A certified statement from the project engineer that the driveway was constructed in general conformance with the plans approved with this Special Permit shall be submitted to the Office of Planning and Development prior to the expiration date of the permit and become part of this file, as proof that the Common driveway Special Permit has been exercised. il. Conveyance of one or more lots with access provided by this common driveway to separate bonafide purchasers, shall constitute the exercise of this Common Driveway Special Permit for the lots serviced by that particular common driveway, and construction of such Common Driveway shall be permitted. However, conveyance of more than one lot accessed by this common driveway to a single purchaser shall not constitute the exercising of the Common Driveway Special Permit, unless the Common Driveway is constructed on the ground, prior to the expiration of the Special Permit. 12. A revised plan showing passing turnouts as required by zoning regulations shall be submitted to the Office of Planning and Development prior to the issuance of a Certificate of Occupancy. •- i ...11 ATTACHMENT A Common Driveway Special Permit Review /Approval Criteria In Granting the Amendment to the Special Permit with Site Plan Approval, the Planning Board found that the requested use meets all special regulations set forth in the Zoning Ordinance, specifically Section 6.12 Vehicular Egress /Access to a Lot and Common Driveways, Special Permit Criteria. In making this decision, the Planning Board found: 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 shall be so stated in the deeds to the subject lots, 3. The grades, length and location of the common driveway as presented is of suitable construction, in the opinion of the Planning Board, for the access and turn - around of the number and types of vehicles, including moving vans, ambulances, fire and police, which will be utilizing such driveway. In Reviewing the Plans presented with the application for the Common Driveway Amended Special Permit, the Planning Board found: A. The driveway has a width of at least fifteen (15) feet; B. The driveway has passing turnouts providing a total width of at least 20 feet along a distance of at least 25 feet, that are not spaced more than 300 feet between turnouts, and that the first passing is located within ten feet of the driveway's connection to the street; C. The driveway is acceptable to the Department of Public Works and the Fire Department; D. The driveway conforms to all other driveway requirements of the Zoning Ordinance. ATTACHMENT B VWWW Special Permit Approval /Review Criteria Section 10.11 In reviewing the application to Amend Special Permit with Site Plan Approval (to create a common drive), the Planning Board found: A. The requested use protects adjoining premises against seriously detrimental uses because the Table of Use Regulations allow common driveways by Special Permit in all zoning districts. B. The requested use will not create undue traffic congestion or unduly impair pedestrian safety because less traffic congestion will occur at the intersection with public roads with shared driveways than would occur with multiple driveways. C. The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area because it will serve three residences in keeping with the residential character of the neighborhood. D. The requested use will not overload any public water, drainage or sewer system, or any other municipal system to such an extent that the requested use or any developed use in the immediate area or in any other area of the City will be unduly subject to hazards affecting health, safety, or the general welfare, because a driveway will not affect any municipal system. E. The requested use meets all special regulations set forth in the Zoning Ordinance, specifically Section 6.12 and Section 10.11. F. The project has provided for compliance with the Technical Performance Standards as listed below: 1. Curb cuts have been minimized by the use of a common driveway to serve three house lots. 2. Pedestrian, bicycle and vehicular traffic movement has been separated on the site by the construction of the driveway. 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: Robert A. Borawski - Audubon & Kennedy Roads DECISION DATE: Septemt 26, 1996 DECISION FILED WITH THE CITY CLERK: Octot-er 22, 1956 f / l w i since realized that the driveway's location interferes with the use of his fields for farming. With the new proposed layout, the first three stations of the drive, including the section which intersects with the road, remain unchanged. Mark Darnold of Berkshire Design has said that the redesign poses no problems as far as topography and flowage, Sacks said. The applicant has requested a waiver of the requirement that the plan be of a scale of 1 to 40 since this scale would result in too large a plan. Instead, a scale of 1 to 100' is shown. Other information is as set forth in the application, Sacks said. The principal findings as to the project's impact remain unchanged from the previous approval, he added. Building locations are unchanged. Blatt asked if turnouts should be included because of the driveway's length? Zoning regulations require a turnout every three hundred feet, Kuzdeba said. Yacuzzo suggested making approval conditional upon the applicant submitting a revised plan which shows turnouts every three hundred feet, and Sacks indicated this would be acceptable. No one spoke in support of or against the application. Blatt moved to close the public hearing. Duseau seconded the motion. The motion passed unanimously 6:0. Blatt moved to approve the application to amend the Special Permit with Site Plan Approval to relocate the common driveway with the same conditions as attached to the original Special Permit, plus the additional condition that a revised plan be submitted showing turnouts in accordance with zoning regulations. Duseau seconded the motion. The motion passed unanimously 6:0. Correspondence - Ed Etheredge, Esq. has requested that the Planning Board waive the $500 filing fee to amend the "Brookwood" subdivision plan and instead allow the applicant to substitute a fee of $3 per abutter plus a $50 application fee, Kuzdeba said. The proposed amendment would eliminate a paper street called "Birdcliff Road" which was never constructed. The amendment does not seek to increase the size of the subdivision, merely to delete the road, Kuzdeba stressed. The Planning Department favors the road's elimination since it is a "bone of contention" with abutters in the area, she added. With the waiver, the filing fee would be only $155. Planning Department staff have no problem with waiving the higher fee. The Planning Board has never received a waiver request before, so there are no precedents to follow in granting them, members noted. The request to amend the subdivision plan is made by a home owner, 5 1 CITY OF NORTHAMPTON CITY CLERKS OFFICE PLANNING BOARD APPLICATION FOR: NORTHAt�,KnN MASS nines 1. Applicant's Name: Robert A. Borawski /o Mor a Sacks Address: 31 Trumb Roa Telephone: 413 - 584 -1287 Northampton, MA 01060 1, 16, 17, 18, 19, 20, 22 2. Parcel Identification: Zoning Map # 10 Parcel # Zoning District: Rura Residential Street Address: Audubon and Kennedy Roads Ueeids 3. Status of Applicant: X Owner, Contract Purchaser, Lessee Other (explain) 4. Property Owner. Robert A. Borawski Address: 170 Audubon Road Telephone: Leeds, MA 01053 5. Describe Proposed Work/Project (Use additional sheets if necessary): Amend special permit granting permiss for a common driveway to service Lots 7, 8 & 9. Permit_ granted to Rob A. Borawski dated October 27, 1994 and recorded in the Hampshire County Reg. of Deeds in Book 4624, Pg. ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 312 Has the following information been included in the application? Site/Plot Plan List of requested waivers fee 2 sets of labels (supplied by the Assessor's Office) Signed dated and denied Zoning Permit Application Three (3) copies of the Certified Abutters List from Assessors' Office. r..,. 8. Site Plan and Special Permit Approval Criteria. (If any permit criteria does not apply, explain why) Use additional sheets if necessary. Assistance for completing this information is available through the Office of Planning & Development. A. How will the requested use protect adjoining premises against seriously detrimental uses? There will be no change to the permitted uses. This is for a driveway which will_be- properly= gra How will the project provide for: surface water drainage: through grading, see E ngineering Plan sound and sight buffers: N/A the preservation of views, light and air. N/A B. How will the requested use promote the convenience and safety of pedestrian movement within the site and on adjacent streets? By being properly graded and engineered. How will the project minimize traffic impacts on the streets and roads in the area? Minimization of curb cuts see Plan Where is the location of driveway openings in relation to traffic and adjacent streets? Minimization of curb cuts, see Plan What features have been incorporated into the design to allow for: access by emergency vehicles: see plan the safe and convenient arrangement of parking and loading spaces. see plan provisions for persons with disabilities: see plan 2 No.." ../ C. How will the proposed use promote a harmonious relationship of structures and open spaces to: the natural landscape: Minimization of driveways in the area to existing buildings: other community assets in the area: D. What measures are being taken that show the use will not overload the City's resources, including: water supply and distribution system: N/A sanitary sewage and storm water collection and treatment systems: N/A fire protection, streets and schools: N/A How will the proposed project mitigate any adverse impacts on the City's resources, as listed above? E. List the section(s) of the Zoning Ordinance that states what special regulations are required for the proposed project (flag lot, common drive, lot size averaging, etc.) Common driveway Section 6.12 not more than 3 lots Deed will state it is only for vehicular egress and a ccess to the lots. How does the project meet the special requirements? (Use additional sheets if necessary)? There are only 3 lots served- only for egress and access to lot. F. State how the project meets the following technical performance standards: 1. Curb cuts are minimized: Engineering plan shows complian with the technical specifications. yyi •rte 1WM-11' Check off all that apply to the project: use of a common driveway for access to more than one business use of an existing side street use of a Igoped service road 2. Does the project require more than one driveway cut? X NO YES (if yes, explain why)_ 3. Are pedestrian, bicycle and vehicular traffic separated on -site? YES X NO (if no, explain why) Only 3'residen lots served For projects that require Intermediate Site Plan Approval, ONLY , sign application and end here. Proposed Easement Alteration, Northampton, Hampshire County, prepared for Robert A. Borawski, dated July 3, 1996 9. I certify that the information contained herein is true and accurate to the best of my knowledge. The undersigned owner (s) Planning Board permission to enter the property to review this application. Date: 9/4/96 Applicants Signature: On-won Aa Date: Owner's Signature: (If not same as applicant) For projects that require a Special Permit or which are a major project, applicants must also complete the following page. r 4 L ...01 F. Explain why the requested use will: not unduly impair the integrity or character of the district or adjoining zones: The driveway services only residential lot and will minimize the alteration. not be detrimental to the health, morals or general welfare: N/A be in harmony with the general purpose and intent of the Ordinance: Not to have common driveway would be more intrusive and upsetting G. Explain how the requested use will promote City planning objectives to the extent possible and will not adversely effect those objectives, defined in City master study plans (Open Space and Recreation Plan; Northampton State Hospital Rezoning Plan; and Downtown Northampton: Today, Tomorrow and the Future). Retain maximum open space 9. I certify that the information contained herein is true and accurate to the best of my knowledge. The undersigned owner(s) grant the Planning Board permission to enter the property to review th Date: 9/4/96 Applicants Signature. Date: Owner's Signature: is ap lication. /,L aid (If not the same as applicant's) MAJOR PROJECTS must also complete the following page: 5 CITY C! .iivr t" li,p M `%AW- ...01 MAJOR PROJECT APPROVAL CRITERIA: Does the project incorporate 3 foot sumps into the storm water control system YES NO (if no, explain why) Will the project discharge stormwater into the City's storm drainage system? YES NO IF NO, answer the following: Do the drainage calculations submitted demonstrate that the project has been designed so that there is no increase in peak flows from pre- to post - development conditions during the: 1, 2, or 10 year Soil Conservation Service design storm ? YES NO (if no, explain why) Will all the runoff from a 4/10 inch rainstorm (first flush) be detained on -site for an average of 6 hours? YES NO (if no, explain why) Is the applicant requesting a reduction in the parking requirements? NO YES If yes, what steps have been taken to reduce the need for parking, and number of trips per day? ij U CfIY ClIkK . " OFFIG E N IRT F!At /w7z z � r3n�;n 6 %.. .00l SITE PLAN REQUIREMENTS REQUEST FOR WAIVERS APPLICATION The application MUST include a site plan containing the information listed below. The Planning Board may waive the submission of any of the required information, if the Applicant submits this form with a written explanation on why a waiver would be appropriate. To request a waiver on any required information, circle the item number and fill in the reason for the request. Use additional sheets if necessary. A. Locus plan Audubon and Kennedy Roads, Leeds It would be too large and 0 Site plan(s) at a scale of 1 "=40' or greater. I. = 100' inconsistent with previous Plans. Name and address of the owner and the developer, name of project, date and scale plans: _ Robert A. Borawski 170 Audubon Road, Leeds Wrnnnspfl Easement era ton In Northampton a B -2. Plan showing Location and boundaries ot the lot MA July 3, 1996 ,shire Co. MA 1" = 100' adjacent streets or ways all properties and owners within 300 feet IM IM all zoning districts within 300 feet Existing and proposed: - buildings setbacks from property lines building elevations all exterior entrances and exits (elevation plans for all exterior facades structures are encouraged) Present & proposed use of the land :' buildings: Existing and proposed topography (for intermediate projects the permit granting authority may accept generalized topography instead of requiring contour lines): at two foot contour intervals showing wetlands, streams, surface water bodies showing drainage swales and floodplains: showing unique natural land features L.i �1 � • c,._ 7 B-6. Location of parking & loading areas_ public & private driveways, walkways_ access & egress points proposed surfacing: B -7. Location and description of all stormwater drainage/detention facilities water quality structures public & private utilities/easements sewage disposal facilities water supply facilities B -8. Existing & proposed: landscaping, trees and plantings (size & type of plantings) stone walls, buffers and/or fencing: B -9. Signs - existing and proposed: Location dimensions/height color and illumination B -10. Provisions for refuse removal, with facilities for screening of refuse when appropriate: FOR MAJOR PROJECTS ONLY: B -11. An erosion control plan and other measures taken to protect natural resources & water supplies: C. Estimated daily and peak hour vehicles trips generated by the proposed use, traffic patterns for vehicles and pedestrians showing adequate access to and from the site, and adequate vehicular and pedestrian circulation within the 'e �s Site Plans submitted for major projects shall be prepared and stamped by a, Registered Architect, Landscape Architect, or Professional Engineer --• 8 En y.,. '„'/ City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 FAX (413) 586 -3726 Community and Economic Development Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals Northampton Parking Commission DECISION OF NORTHAMPTON PLANNING BOARD APPLICANT: ROBERT F. BORAWSKI ADDRESS: 115 OAK STREET, NORTHAMPTON OWNER: ROBERT A. BORAWSKI ADDRESS: 170 AUDUBON ROAD, LEEDS RE LAND OR BUILDINGS IN NORTHAMPTON AT: LOT 5, KENNEDY ROAD MAP AND PARCEL NUMBERS: MAP #10 PARCEL #16 At a meeting conducted on April 27, 1995, the Northampton Planning Board (unanimously) voted 6:0 to GRANT the request of ROBERT F. BORAWSKI for a SPECIAL PERMIT and SITE PLAN APPROVAL under the provisions of Section 16.7, page 16 -4 in the Northampton Zoning Ordinance, to construct a single - family residence with driveway and septic system within the WATER SUPPLY PROTECTION DISTRICT, known as Lot 5, as shown on Plan entitled, Special Permit of Land in Northampton, MA prepared for Robert A. Borawski dated August 2, 1994 Drawing #1063 B by Ainsworth Associates, Inc. of Greenfield, MA. Planning Board Members present and voting were: Chairman Andrew Crystal, Vice Chairman Daniel Yacuzzo, Jody Blatt, Nancy Duseau, Kenneth Jodrie and Mark NeJame. In Granting the Special Permit, the Planning Board found: A. The requested use as a single - family residence protects adjoining premises against seriously detrimental uses by not altering existing drainage patterns and limiting the amount of lawn area. B. The requested use as a single - family residence will not generate any traffic impact, and the location of the driveway will allow for runoff to cross, thereby retaining the existing drainage patterns. ORIGINAL PRINTED ON RECYCLED PAPER 1.r C. The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area because the site is located in a wooded residential area, and the proposed use as a single - family residence on a large lot promotes low density. 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 because a single - family residence with a small lawn area will be located on an 8.6 acre parcel of land. E. The requested use meets the special regulations set forth in §16.7 Water Supply Protection District in the Zoning Ordinance (See Attachment " A " - Water Supply Protection District - §16.7 - Uses by Special Permit). F. The requested use bears a positive relationship to the public convenience and welfare and will not unduly impair the integrity or character of the district or adjoining zones. The use will not be detrimental to the health, morals, or general welfare because a single - family dwelling is allowed to be constructed in the RR zoning district. The use is in harmony with the general purpose and intent of the Ordinance because the land is zoned for single - family residences. 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 reviewing the Site Plan, submitted with the Special Permit, the Planning Board: 1. Voted 6:0 to Grant the waivers as listed below: B -2 - Location and boundaries of the lot, adjacent streets and ways. Conditions imposed upon the project are as follows: 1. Because of the location of this development within close proximity to a City's water supply reservoir, restrictions shall be placed on the Deed to the lot (subject to the approval of the Planning Department and the City solicitor prior to recording), stating that: A. The commercial application of pesticides, insecticides, fungicides, biocides and fertilizers is prohibited. B. Use of salt and other de -icing agents is prohibited. C. Not more than 10,000 square feet of manicured lawn area shall be allowed. Attachment A WATER SUPPLY PROTECTION DISTRICT §16.7(4) - Uses by Special Permit The requested use will meet the special requirements set forth in the Zoning Ordinance as follows: A. The requested use is in harmony with the purpose and intent of this By -Law and will promote the purposes of the Water Supply Protection District, by limiting the amount of manicured lawn, and the large size of the lot; B. The proposed use is appropriate to the natural topography, soils and other characteristics of the site to be developed because a single family residence will be constructed on a large lot, with a minimal amount of grading; C. The proposed use has suitable soil for an on -lot sewerage and water system, as demonstrated by the granting of a permit for septic installation by the Board of Health; D. The proposed use will not, during construction or thereafter, have an adverse environmental impact on groundwater resources in the district because adequate measures have been proposed to reduce any possible siltation during construction and through limiting the amount of lawn after construction; and E. The proposed use will not adversely affect the existing or potential quality and quantity of water in the Water Supply Protection District due to the limited amount of manicured lawn area and restriction on the application of pesticides, herbicides and fungicides. Attachment A ..0 WATER SUPPLY PROTECTION DISTRICT §16.7(4) - Uses by Special Permit The requested use will meet the special requirements set forth in the Zoning Ordinance as follows: A. The requested use is in harmony with the purpose and intent of this By -Law and will promote the purposes of the Water Supply Protection District, by limiting the amount of manicured lawn, and the large size of the lot; B. The proposed use is appropriate to the natural topography, soils and other characteristics of the site to be developed because a single family residence will be constructed on a large lot, with a minimal amount of grading; C. The proposed use has suitable soil for an on -lot sewerage and water system, as demonstrated by the granting of a permit for septic installation by the Board of Health; D. The proposed use will not, during construction or thereafter, have an adverse environmental impact on groundwater resources in the district because adequate measures have been proposed to reduce any possible silta.t-ion during construction and through limiting the amount cif: a �,wr, after construction; and E. The proposed use will not adversely affect the existing or potential quality and quantity of water in the Water Supply Protection District due to the limited amount of manicured lawn area and restriction on the application of pesticides, herbicides and fungicides. -- Z/- ,%MWI I.MW 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 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: ROBERT F. BORAWSKI - LOT 5, KENNEDY ROAD, LEEDS DECISION DATE: April 27, 1995 DECISION FILED WITH THE CITY CLERK: May 11, 1995 Andrew J. Crys Planning Board Meeting Minutes of 4/27/95 At 9:30 P.M. Chair Crystal opened the Public Hearing on a request for a Special Permit and Site Plan Approval from Robert F. Borawski, under §16.7, page 16 -4 of the Zoning ordinance to construct a single - family residence with driveway and septic system within the Water Supply Protection District at Lot 5, Kennedy Road. Chair Crystal explained procedures for conducting public hearings and read a copy of the legal notice which was published in the Daily Hampshire Gazette on April 13th and April 20th. Mark Darnold of Berkshire Design was present to review and discuss the site plan and application. The proposed use of a single - family residence will be located on an 8 acre parcel of land. There will be on site septic system, which has already been approved by the Board of Health. The DPW sent a memo dated 4/6/95 stating that appropriate steps to prevent contamination of the Roberts Meadow Reservoir must be taken. Paulette Kuzdeba told the Board that the Conservation Commjr�r�,Jc- had suggested that the Planning Board consider restriction (Ii commercial pesticides, fungicides, etc. in this area. The grass area should be kept to a minimal amount. No one spoke in support or in opposition to the application. Kenneth Jodrie moved to close the Public Hearing. Jody seconded the motion which passed unanimously 6:0. Kenneth Jodrie moved to approve the requested site plan waivers and to grant the Special Permit with Site Plan Approval since the application adequately addressed how the Special Permit criteria had been met. Jodrie suggested the following condition be attached to the Special Permit: 1. Because of the location of this development within close proximity to a City's water supply reservoir, restrictions shall be placed on. the .Deeds to the lot (subject to the approval of the Planning Department and the City Solicitor prior to recording), stating that: A. The commercial application of pesticides, insecticides, fungicides, biocides and fertilizers is prohibited. B. Use of - salt and other de -icing agents is prohibited. C. Not more than 10,000 square feet of manicured lawn area shall be allowed (the area that may be subject to application of as listed in "A" above). Nancy _Duseau_ seconded - the _ motion - which - passed _ unanimously _6_0.__^ City of Northampton, Massachusetts Office of Planning and Development City Hail - 210 Main Street Northampton, MA 01060 • (413) 586 -6950 FAX (413) 586 -3726 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission DECISION OF NORTHAMPTON PLANNING BOARD APPLICANT: ROBERT A. BORAWSKI ADDRESS: 170 AUDUBON ROAD, LEEDS, MA 01053 OWNER: ROBERT A. BORAWSKI ADDRESS: 170 AUDUBON ROAD, LEEDS, MA 01053 RE LAND OR BUILDINGS AT: AUDUBON and KENNEDY ROADS, LEEDS, MA MAP # 10 PARCEL #S 1, 16, 17, 18, 19, 20, 22 At a meeting conducted on October 27, 1994, the Northampton Planning Board voted 6:0:2 to GRANT the request of ROBERT A. BORAWSKI for three (3) SPECIAL PERMITS under the provisions of Section 6.12 for vehicular egress /access to a Lot over a Common Driveway and for SITE PLAN APPROVAL under §10.11 of the Zoning Ordinance at property located on Audubon Road and Kennedy Roads. Planning Board Members present and voting were: Chairman Andrew Crystal, Vice Chairman Daniel Yacuzzo, Dr. Joseph Beauregard, Jody Blatt, Nancy Duseau, Kenneth Jodrie, Mark NeJamb and Bob Riddle. Abstaining from voting were: Chairman Andrew Crystal and Planning Board Member Mark NeJame. In Granting the Special Permit, the Planning Board found: 1. The requested use for Common Driveways is listed in the Table of Use Regulations as a Special Permit in Section 6.12 of the Zoning Ordinance. 2. The requested use bears a positive relationship to public convenience or welfare because a common driveway requires fewer curb cuts onto public streets which will service more residences. 3. The requested use will not create undue traffic congestion or unduly impair pedestrian safety because less traffic congestion will occur at the intersection with public roads with shared driveways than would occur with multiple driveways. ORIGINAL PRINTED ON RECYCLED PAPER IN W 4. The requested use will not overload any public water, drainage or sewer system, or any other municipal system to such an extent that the requested use or any developed use in the immediate area or in any other area of the City will be unduly subjected to hazards affecting health, safety, or the general welfare, because a driveway will not affect any municipal system. 5. The requested use meets all special regulations set forth in the Zoning Ordinance, specifically Section 6.12 - Common Driveways, see "Attachment A for criteria. 6. The requested use will not unduly impair the integrity of character of the district or adjoining zones, will not be detrimental to the health, morals, or general welfare, and is in harmony with the general purpose and intent of the Ordinance, because a common driveway reduces the amount of pavement and the number of crub cuts onto city streets and maintains the rural character of the district. In Approving the Site Plan, submitted with the Special Permit, the Planning Board: 1. Voted 6:0:2 to Grant the waivers as requested and listed below: B. Site plan at a scale of 1" = 40', and allowing a site plan using the scale of 1 = 100'. Conditions imposed upon the project for Common Driveways are as follows: 1. All work shall comply with the plans entitled: "Special Permit of Land in Northampton (Hampshire Co.). MA; Prepared for Robert A. Borawski dated 8/2/1994; Sheet 1 of 2 and Sheet 2 of 2; drawn by Ainsworth Associates, Inc., 117 Main Street, Greenfield, MA 01302, which by reference shall become part of this Special Permit. 2. House numbers identifying all of the homes utilizing each common driveway, shall be placed at the intersection with the city street, and at any subsequent fork /turnoffs in the common driveways for the purpose of identification by emergency vehicles. 3. Lots 4 & 5 shall have access and house numbers from Kennedy Road, and lots 2, 3, 6, 7, 8, and 9, shall have access and house numbers from Audubon Road, only. 4. Easements, as necessary, shall be placed on the deeds to the lots serviced by the common driveways, granting access to and over the subject parcels. a I \.r ..1 5. Easements as shown on sheet 2 of 2, on the above referenced plans, shall be prepared for filing and recording at the Registry of Deeds. 6. The following restrictions shall be placed on the deeds to the subject lots serviced by a common driveway: a. No additional vehicular access shall be granted /or allowed to lots served by the Common Driveways from other than the common driveways approved by these Special Permits; b. The common driveway is a private driveway and is not a City way. The maintenance, operation and repair, reconstruction (including snow plowing and snow /ice removal) is the responsibility and liability of the property owners; C. The common driveway shall be constructed and maintained with a surface of gravel /trap rock and shall not be constructed with an impervious cover, unless so ordered by the Department of Public Works, as a condition for the granting of a curb cut /driveway permit. 7. All municipal utilities to service the lots shall be placed within the common driveway easement and appropriate utility easements shall be placed on the deeds to the subject properties. 8. All such deed easements, restrictions and plans must be recorded at the Hampshire County Registry of Deeds, and must be submitted to and approved by the Northampton'Planning Board, with the submittal of the "Subdivision Approval Not Required" Plan (Form A Plan), prior to its endorsement and the recording of the documents and plans at the Registry of Deeds. Proof of the recording shall be submitted to the Building Commissioner, prior to the issuance of a Building Permit. 9. Prior to the issuance of a Building Occupancy Permit, the developer shall submit, to the Building Commissioner, a certified statement from the project engineer, that the driveway was constructed in general conformance with the plans approved with these Special Permits. 10. In order to prevent the Common Driveway permits from becoming invalid, the common driveways shall be constructed as shown on approved plans within two years of the issue date of this Special Permit. A certified statement from the project engineer, that the driveway was constructed in general conformance with the plans approved with these Special Permits, shall be submitted to the Office of Planning and Development, prior to the expiration date of —3 I .r►' the permit, and become part of this file, as proof that the Common Driveway Special Permits have been exercised. 11. Conveyance of one or more lots with access provided by a common driveway to separate bonafide purchasers, shall constitute the exercise of that Common Driveway Special Permit for the lots serviced by that particular common driveway, and construction of such Common Driveway shall be permitted. However, conveyance of more than one lot accessed by one common driveway to a single purchaser, shall not constitute the exercising of the Common Driveway Special Permit, unless the Common Driveway is constructed on the ground, prior to the expiration of the Special Permit. -- -I/- AL - -- `W M Attachment A Common Driveway Special Permit Review /Approval Criteria In Granting the Special Permit, the Planning Board found that the requested use meets all special regulations set forth in the Zoning Ordinance, specifically Section 6.12 vehicular Egress /Access to a Lot and Common Driveways, Special Permit Criteria. In making this decision, the Planning Board found: a). The common driveway shall not service more than (3) lots as demonstrated by information contained within written information and on plans submitted with the Special Permit application, which by reference have become part of this permit. b). The common driveway provides the only vehicular egress /access to the lots being serviced and shall be so stated in the deeds to the subject lots as a requirement under the Zoning Ordinance for issuance of a Common Driveway Special Permit. c). The grades, length and location of the common driveway as presented is of suitable construction, in the opinion of the Planning Board, for the access and turn - around of the number and types of vehicles, including moving vans, ambulances, fire and police, which will be utilizing such driveway. In Reviewing the Plans presented with the application for three (3) Common Driveway Special Permits, The Planning Board found: 1. The driveways have a width of at least fifteen (15) feet. 2. The driveways have passing turnouts, providing a total width of at least 20 feet along a distance of at least twenty -five (25) feet, that are not spaced more than 300 feet between turnouts, and that the first passing turnout is located at the driveways' connection to the street. 3. The driveways have met the prior approval of the DPW and the Fire Department. 4. The driveways conform to all other driveway requirements of the Zoning Ordinance. -,S- `W ..d pursuant to Massachusetts General Laws (MGL), Chapter 40A, Section 11, no Special Permit, or any extension, or renewal thereof, shall take effect until a copy o 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 for Vehicular egress /Access to a Lot and three (3) Common Driveways have 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 or the Northampton District 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: ROBERT A. BORAWSKI DECISION DATE 0cto1aer_27 DECISION FILED WITH THE CITY CLERK: November 10, 1994 Joseph eau — 4 - Bob T Riddle y Blatt i�i� t //� b N"NW ..r' Planning Board Meeting Minutes of 9/8/94 Chairman Crystal opened the Public Hearing on the request of Robert A. Borawski for Special permits to allow five separate flag lots and three common driveways under §6.12, §6.13 and §6.15 and Site Plan Approval under §10.11(5) of the Zoning Ordinance to be located on Audubon Road, Leeds (Map #10, parcels 1, 16, 17, 18, 19, 20, 22). Crystal said that public notice of the hearing had been published in the Daily Hampshire Gazette on August 25th and September 1st, and explained procedures for conducting public hearings. Attorney Harley Sacks was present on behalf of his client, Mr. Borawski, who was sick. Mr. Borawski's wife and son were present to answer any questions. Sacks said that the request was almost identical to a permit the Planning Board approved several years ago, but the new plan had several modifications. The location of the common driveways are the same. The permits Mr. Borawski received have expired due to non -use. Sacks said that Mr. Borawski had gotten tied up with title problems and had been unable to proceed with construction and was thus before the Board to seek new permits. Sacks said that the common driveways now conform to all present technical requirements of the Ordinance. The applicant has asked for only one Site Plan waiver and that is for dimensional scale. Sacks said that the criteria has all been outlined in the application. Bob Riddle, who was site inspector, had no problems with the project. Attorney Sacks reviewed how the applicant met the criteria for Flag Lots, Common Driveways and the criteria under §10.10 granting Special Permits. The DPW had sent a memo stating that they had no concerns with the project. A letter was received from Chief Larry Jones of the Fire Department regarding common driveways safety and passage. Chair Crystal said that some of the lots are accessed over the front lot line, and noted that in the original permit there was a condition about correct signage for fire department. Paulette Kuzdeba reviewed the original decision of the Planning Board dated March 1990 and reviewed the conditions. Alice Clemente of Kennedy Road said that, in the public hearing notice, there was no mention that common driveways will be on Kennedy Road. Gordon Swift of Audubon Road asked about water and sewage requirements. Chair Crystal said the applicant will drill wells and get permits for septic systems. Swift asked whether there had been any investigation of the water pressure in the area. Crystal said the applicant will have wells for water and that the Fire Department had not voiced any concerns about sources of water for `... fighting fires. Paulette Kuzdeba said that, if public water is used, the applicant would have to get permits from the City and, if there was not enough pressure, they would not be able to obtain permits. Mr. Hellman of Audubon Road asked about water station or pumping station, and asked whether the lots were large enough to be further sub - divided. He was told that the lots could not be sub - divided under the current zoning regulations. However, he was told that Lot 4 had enough frontage to be sub - divided and would be allowed by right. Jane Hellman of Audubon Road wondered about electrical lines. Chair Crystal said that the Planning Board does not oversee that issue. Ms. Hellman asked how enforcement of conditions is overseen, and was told that the Building Inspector has enforcement powers and responds to citizen complaints. Gordon Swift asked if a copy of the site plan were available and Paulette Kuzdeba showed him a copy. Daniel Yacuzzo moved to close the Public Hearing. Joseph Beauregard seconded the motion which passed unanimously 7:0. Daniel Yacuzzo said that there is one request for waiver of Site Plans requirements which he thought was inconsequential. Yacuzzo thought that the application reviewed the criteria for Site Plan Review Special Permit, flag lots and common driveways and suggested that the original permit conditions be attached to any new permit approved. Daniel Yacuzzo moved to approve the application for Special Permits for five flag lots, three common driveways, site plan approval, and to grant the requested Site Plan waiver, using criteria addressed in the application filed and presented in the presentation. Yacuzzo's motion included attaching the same conditions as had been on the original permit issued in March 1990, and including any specific concerns from the Conservation Commission. Nancy Duseau seconded the motion. Paulette Kuzdeba reviewed previous conditions, and suggested dropping the condition on requiring a Conservation restriction. Yacuzzo said he wanted no change in conditions. Further discussion ensued on conservation restrictions versus Conservation Restrictions. A suggestion was made to change the condition to read that no encroachment in the 100' buffer zone be allowed. Harley Sacks asked whether the restriction was legal and asked that the Board consult with Kathleen Fallon. Joseph Beauregard said he would be happy to restrict building in the buffer zone. Daniel Yacuzzo said he never intended his motion to have the landowner turn over part of the land to the City. Yacuzzo said he felt comfortable with putting restrictions on the permit approval. Robin Fields of 410 Kennedy Road was acknowledged by the Chiar for 0 L'7 '`r' , 4WO , clarification. She said she believed that a conservation restriction is not synonymous with granting public access to land. She said it was up to the landowner to decide whether public access is allowed. She further stated that she believed there were real property tax considerations that will vary if the land is restricted with a conservation restriction. She said that a Conservation Restriction has some positive tax relief from the State. The consensus of the Planning Board is not to force the owner give public access to his land. The Board is also in agreement that they want a restriction but not public access. Bob Riddle said he was not prepared to vote in favor of the motion if the conditions are changed. Chair Crystal asked whether he might be willing to wait for guidance from Kathleen Fallon or the Conservation Commission. Harley Sacks requested that the Planning Board approve the Special permits with all the conditions from the last permit but with the exception of changing the Conservation Restriction to conservation restrictions. Nancy Duseau said she wanted the Conservation Commission to give the Planing Board a recommendation on the restriction. Chair Crystal suggested that the Planning Board wait until the next meeting to vote on this application. Joseph Beauregard suggested amended the conditions to state "that no public access be allowed." Paulette Kuzdeba said that the Conservation Restriction with a capital "C" and a capital "R" has a different mehning that a conservation restriction with a small "c" and a small "r". Yacuzzo suggested amending his motion to state that the Planning Board include the conservation restriction that excludes public access. Duseau said she was unwilling to second the amended motion, and said she wanted to get input from the Conservation Commission. The vote on the original motion did not pass with a vote of 0:4:3 with no one in favor, Crystal, Duseau, Riddle, and Yacuzzo opposed and Beauregard, Blatt, and Jodrie abstaining from voting. ------------------------------------------------------------------- Jody Blatt moved to defer the decision and continue the public Hearing until the next Planning Board meeting and in the meantime to get further clarification from the Conservation Commission and advice from the Law Department about whether additional input can be obtained after the Public Hearing has been closed. Joseph Beauregard seconded the motion which passed with a 5:1:1 vote with Yacuzzo opposed and Duseau abstaining from the vote. .3 M -m/ Planning Board Meeting Minutes of 10/13/94 Chairman Crystal opened the Continuation of a Public Hearing on the request of Robert A. Borawski for Special permits to allow five separate flag lots and three common driveways under §6.12, §6.13 and §6.15 and Site Plan Approval under §10.11(5) of the Zoning Ordinance to be located on Audubon Road, Leeds (Map #10, parcels 1, 16, 17, 18, 19, 20, 22). Crystal said that the Public Hearing had been opened on September 8, 1994 and continued to September 28th and again to this date in order to get clarification on the issue of conservation restrictions. Nancy Duseau said that she had been present at the first meeting, had missed the second meeting but read the minutes of the meeting and was familiar with what had occurred on the case. Paulette Kuzdeba said she had talked with the legal department and requested explanation or guidance on the Planning Board's ability to place a Conservation Restriction on the property and the enforceability of the restriction. The Law Department had misread her request for the information. Chair Crystal read the last paragraph of Kathleen Fallon's memo and said that the Board did not get an answer from the Law Department nor from the Conservation Commission. Wayne Feiden explained the different types of conservation restrictions and deed restrictions. He said that a Conservation Restriction could be placed without requiring public access to the property. Feiden also said that the State only accepts Conservation Restrictions which are for the public good or for public purpose. There are three types of protections which the City routinely uses: 1. The Board could write a Special Permit with a condition that no development is allowed in the subject area. 2. The Board could require a deed restriction as a condition on the Special Permit, sometimes called a conservation easement. 3. The Board could put a Conservation Restriction on the permit since the public purpose is shown by protecting the water supply area. The Conservation Commission or non - profit agency can hold a Conservation Restriction and would thus have enforcement powers. Joseph Beauregard questioned the fact that the original permit had a Conservation Restriction and wondered if it were ever approved by the State. The restriction was never approved by the State since the actual work never took place. Attorney Harley Sacks, representing Mr. Borawski, said if there is a value that the I.R.S. recognizes, then it is being taken away from the applicant. He said that a Conservation Restriction would `.. •./ be viewed under the law as a "taking." Chair Crystal said he had reviewed the specific case law and disagreed with Sacks. Sacks said the City does not gain anything by a "taking," and stated that a law suit could be filed against the City should such a "taking" occur. Nancy Duseau said she was on the Planning Board when the original permit was granted and noted that the former Senior Planner, Larry Smith, was known to encourage over - regulating conditions on permits. Duseau said she thought the Board was leaning towards over - regulation and she would be more in favor of a deed restriction which would designate the Building Inspector and the City to oversee and enforce the restriction. Jody Blatt expressed concern about the level of enforcement. Blatt said the Board was in agreement that there should not be any building in a certain part of the property. She said the Board should consider what might happen if a new owner takes over the property and a less enforceable action is taken. Wayne Feiden said the Board should consider two rules that a physical invasion is a "taking," and taking all value of one's property is a "taking." He said a deed restriction or a Conservation Restriction is not a "taking." A deed restriction is more desirable for the applicant since it is harder to enforce. Chair Crystal said the Planning Board needed to protect the City's interests. If the Planning Board feels that the piece of property is worth protecting for the general good, then the Board should not be afraid to make it as enforceable as possible. Jody Blatt asked whether there could be some land donation. Harley Sacks said that he and the applicant have been befdre the Board three times already and would like some closure. Sacks reiterated that he would probably appeal a decision if a Conservation Restriction is added as a condition. Wayne Feiden suggested giving local authority to make local decisions about the driveway location, and flooding and /or moving the stream under the Conservation Restriction. Mr. Borawski said there is agriculture in that area now. Chair Crystal said that agriculture will be allowed, following U.S.D.A. practices and standards. Mr. Borawski requested that the Planning Board not use U.S.D.A. practices as part of the permit because they are not a very efficient agency in this area. Andrew Crystal said he was interested in guidelines for preventing pesticide applications in the area. Feiden said U.S.D.A. practices are guidelines which the Board has used in the past. Crystal said that the conditions on the original permit address a lot of the Board's concerns regarding pesticides, size of manicured lawns, etc. Kenneth Jodrie moved to close the Public Hearing. Nancy Duseau seconded the motion which passed unanimously 6:0. Harley Sacks said that applicant would like to stay with the local `` NW %WWI enforcement and would be against a Conservation Restriction which is overseen by the State. Paulette Kuzdeba asked about the previous condition about the existing dirt farm road and whether farm vehicles could cross the brook. Crystal said the Board could make an exception for farm vehicles. Chair Crystal said the Planning Board might want to update the conditions. He asked for staff input and asked that a review with recommendations be sent to the Board members prior to the next Planning Board meeting. Paulette Kuzdeba should also give Harley Sacks a chance to review the previous conditions. The Planning Board decided to table the decision until the next meeting scheduled for October 27, 1994. 3 low Planning Board Meeting Minutes of 10/27/94 Chairman Crystal said that the Planning Board would try to reach a decision on the request of Robert A. Borawski for Special Permits to allow five separate flag lots and three common driveways under §6.12, §6.13 and §6.15 and Site Plan Approval under §10.11(5) of the Zoning Ordinance to be located on Audubon Road, Leeds (Map #10, parcels 1, 16, 17, 18, 19, 20, 22). Crystal said that the Public Hearing had been opened on September 8, 1994 and had been closed on October 13, 1994. He stated that the Board required further time to consider the conditions which might be imposed on granting the permits and to get clarification on the issue of conservation restrictions. Andrew Crystal read a copy of Kathleen Fallon's memo of October 26, 1994 (see attached). Joseph Beauregard expressed frustration that a legal opinion had not been obtained sooner. Paulette Kuzdeba reviewed the proposed conditions for the Common Driveways and Flag Lots. A discussion ensued about what constitutes exercising a Special Permit so that the applicant can make sure that the permits do not expire again, due to inaction. A discussion ensued, with all participating, and all proposing minor revisions concerning proposed conditions for BORAWSKI - Common Driveways (listed below): 1. All work shall comply with the plans entitled: "Special Permit of L and in Northampton (Hampshire Co.) , MA: Prepared for Robert A. Borawski dated 8/2/1994; Sheet 1 of 2 and Sheet 2 of 2; drawn by Ainsworth Associates, Inc., 117 Main Street, Greenfield, MA 01302, which by reference shall become part of this Special Permit. ' 2. House numbers identifying all of the homes utilizing each common driveway, shall be placed at the intersection with the city street, and at any subsequent fork /turnoffs in the common driveways for the purpose of identification by emergency vehicles. 3. Lots 4 & 5 shall have access and house numbers from Kennedy Road, and lots 2, 3, 6, 7, 8, and 9, shall have access and house numbers from Audubon Road, only. 4. Easements, as necessary, shall be placed on the deeds to the lots, granting access to and over the subject parcels. 5. Easements as shown on sheet 2 of 2, on the above referenced plans, shall be prepared for filing and recording at the Registry of Deeds. 6. Restrictions shall be placed on the deeds to the subject lots: a. prohibiting any additional vehicular access to said lots 1.. "wool served by the Common Driveways from other than the common driveways approved by these Special Permits; b. stating that said common driveways are private driveways and are not City ways. The maintenance, operation and repair, ..reconstruction (including snow plowing and snow /ice removal) is the responsibility and liability of the property owners; C. stating that said common driveways shall be constructed and maintained with a surface of gravel /trap rock and shall not be constructed with an impervious cover, unless so ordered by the Department of Public Works, as a condition for the granting of a curb cut /driveway permit. 7. All municipal utilities to service the lots shall be placed within the common driveway easement and appropriate utility easements shall be placed on the deeds to the subject properties. 8. All such deed easements, restrictions and plans must be recorded at the Hampshire County Registry of Deeds, and must be submitted to and approved by the Northampton Planning Board, with the submittal of the "Subdivision Approval Not Required" Plan (Form A Plan) , prior to its endorsement and the recording of the documents and plans at the Registry of Deeds. Proof of the recording shall be submitted to the Building Inspector, prior to the issuance of a Building Permit. 9. Prior to the issuance of a Building Occupancy Permit, the developer shall submit, to the Building Commissioner, a certified statement from the project engineer, that the driveway was constructed in general conformance With the plans approved with these Special Permits. 10. In order to prevent the Common Driveway permits from becoming invalid, the common driveways shall be constructed as shown on approved plans within two years of the issue date of this Special Permit. A certified statement from the project engineer, that the driveway was constructed in general conformance with the plans approved with these Special Permits, shall be submitted to the Office of Planning and Development, prior to the expiration date of the permit, and become part of this file, as proof that the common driveway Special Permits have been exercised. 11. Transference by sale of lots with access provided by common driveways to a bonafide purchasers, but not transfer of all lots accessed by one common driveway to one purchased shall constitute exercising of the common driveway permits; and construction of such common driveways shall be permitted. Further discussion ensued regarding PROPOSED CONDITIONS for 2 `nr' ..w BORAWSKI Flag Lots as listed below: 1. All work shall comply with the plans entitled: "Special Permit of Land in Northampton (Hampshire Co.) . MA: Prepared for Robert A. Borawski" , dated 8/2/1994; Sheet 1 of 2 and Sheet 2 of 2; drawn by Ainsworth Associates, Inc., 117 Main Street, Greenfield, MA 01302, which by reference shall become part of this Special Permit. 2. Because the lots are located within the Water Supply Protection Overlay District, for the Roberts Hill /Leeds Reservoir, the following restrictions shall be placed on all deeds to the Flag Lots, in order to protect the future integrity of the City's water supply: a. Commercial application of pesticides, insecticides, fungicides, biocides and fertilizers is prohibited. b. The use of sodium chloride and other de -icers is prohibited. C. Not more than 10,000 square feet of 'manicured' lawn area (consisting of lawn and landscaping plants and materials) shall be allowed on each Flag Lot. This area shall be contiguous to the dwelling. The restrictions, as stated above, shall not prohibit or regulate any agricultural use, activities or practices, provided such agricultural use is conducted in acordance with U.S.D.A. (United Stated Department of Agriculture) standard practices. 3. The at -grade crossing of the brook on the existing dirt "farm/ logging" road may be continued to be used only for pedestrian traffic. Motorized vehicles are prohibited, except for farm vehicles, or those used in normal agricultural farming activities. 4. In order to prevent the FLAG LOT Special Permits from expiring, a plan prepared under the provisions of the Northampton Planning Board's Subdivision Not Required, (Form A) shall be submitted for approval, showing property boundaries and the common driveway easements shall be approved by the Planning Board and shall be recorded at the Registry of Deeds. Proof of the recording of the plan shall be submitted to the Office of Planning and Development, prior to the expiration date of the permit, and become part of this file, as verification that the Flag Lot Special Permits have been exercised. 5. The sale of any lot to an individual /group will constitute exercising the Special Permits. VOW -aloe Nancy Duseau moved to grant the Special Permits for five flag lots and three common driveways and for Site Plan Approval with the conditions, as listed and discussed above, for Robert A. Borawski for property located on Audubon and Kennedy Roads in Leeds (known as Map #10, Parcels 1, 16, 17, 18, 19, 20, and 22). Bob Riddle seconded the motion which passed 6:0:2. Mark NeJame abstained from voting because he was not present at the first public hearing meeting and was not familiar with all the information. Chair Crystal abstained from voting because he did not agree with all the conditions imp on the Special Permits. 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Fr2' n err ( ' y :N of tl pp p� 2 N m p mm�amo . n l y,s7 m �G p ±T '� �G � ±T �S a� ��$j$Fgy�'P.�p I nr- a. t3 n N0, NooyF m o0 iv m u m ,$c S o�S 0 mSr mSSSo � w S ^acv �a.5°.•o m �m °: m � m$ r- m C cr o o S y y a ~c�o$m y .. �5 � 55�wo0° w o° C , p dmN+ca � Qd o f 4 s . ° c w xS w K; A 5 S � -�0c a,g w q o ao ry.E S° �° W' E w p, Y ° p o d c m �n m 5 m bw N �av -j O K Ow A� n O 0 m V1 �ii O Ow Z O S C1 O 3 U in t a w x !O w �o �o A 1"1W City of Northampton, Massachusetts Office of Planning and Development Clty Hall • 210 Maln Street Northampton, MA 01060 • (413) 586 -6950 FAX (413) 586 -3726 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission TO: Northampton Planning Board .r% FROM: Wayne Feiden, AICP, Principal Planner RE: Borawski's application for multiple flag lot permits DATE: September 16, 1994 Paulette indicated that when the Planning Board considered Mr. Borawski's request for a renewal of his special permits for multiple flag lots you had some questions about condition B(2), which required a conservation restriction. She asked if I could address these issues. Historv: The Planning Board put this condition in the original permit in an effort to preserve a tributary to the city's backup water supply. Although no other city board formerly endorsed the specific language in the permit, it is consistent with the goals and objectives of the Aquifer /Water Supply Protection Committee, which was meeting in early 1990. Since the permit was approved, Section 16.0 was extensively revised, including new requirements in §16.9. Recommendation: The following condition would help preserve our water supply without creating any public access onto private property: A Conservation Restriction, without public access, pursuant to Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws and using the Division of Conservation Service's standard model, shall be placed on those areas within 100 feet of the center of Clark Brook on lots 3, 5, 7 and 9 and within 50 feet of the center of an unnamed brook on lots 4 and 5, as shown on the referenced plans. Should a Conservation Restriction not be approved or accepted by the City Council or Secretary of Environmental Affairs, deed restrictions shall be placed on these lots prohibiting any development or site alterations on those portions of the lots described above. Special Permit and Site Plan Review Criteria: ORIGINAL PRINTED ON RECYCLED PAPER I%.. ,..f The above recommended condition may help the board find the following special permit and site plan review criteria can be met: 510.10(3)(D): "...not... be unduly subjected to hazards affecting health" §10..10(3)(F): "...nor be detrimental to the health..." 510.11(6)(E): "mitigation of adverse impacts on the City's resources including the effect on the City's water supply..." Relationship to Section 16.0 The Planning Board should be aware that, pursuant to §16.9(c) some of the work proposed for lots 4, 5 and 7 is not permitted unless the Zoning Board of Appeals grants a Special Permit to allow this work within 200' of a tributary to a public water supply. This section did not exist when the Board granted a permit in 1990, but must be complied with now. cc: Paulette Kuzdeba i CITY OF NORTHAMPTON SPECIAL PERMIT AND SITE PLAN APPLICATION 1. 2. 3. 4. 5. PERMIT AUTHORITY(IES): ZBA Planning Board X Council Applicant's Name: ROB A. BORAWSKI Address: 170 Audubon Pd., Leeds, r:i Telephone: 504 3291 Property Owner: Robert A. Bo and Ann N. Boraw Address: c/o Robert A. Borawski Telephone: 534 3291 Status of Applicant:Owner X Contract Purchaser Lessee Other (explain) Parcel Identification: Street Address: 1 6 - 12 6 6. Special Permit requested under Zoning Ordinance Section 6 1 3p a 6 _ 7. Site Plan is for: Intermediate Project X or Major Project None (only for a Sign) - 12 carmon 13 .. -Ii ive flag lot 8. Narrative Description of the Proposed Project (Use additional sheets if necessary): Renewal of special permi allowing five separate flaa lets. and three common driveways previously permzted 9. How does project comply with Special Permit criteria: (See Applicant's Guide for criteria -use additional sheets is necessary) .FF. A'f•PACTTM 10. Site Plan, with any requests for waivers, must be attached. 11. Certified Abutters List from Assessors' Office must be attached. 12. 1 certify that I have read the permit criteria and that the information contained herein is true and accurate to the best of my knowledge. I (or the landowner if I am not the landowner) grant the Zoning Board and Planning Board permission to enter the property to review this application. 1, 22, 19, 18, 16, 20 s 17 # _10 Parcel s Zoning District: t9sP / RR August 11, 1994 Date: Applicant's Signature: X".4d, (memorex\wPVormslsitec1an.ob 4/2/93) t M LON SITE PLAN REQUIREMENTS— OPTIONAL REQUEST FOR WAIVER The application MUST include a site plan and documentation with the following information. Upon written request, the Planning Board may waive the submission of any of the required information, provided that the Applicant provides some written information on each of the items and explains why a waiver is appropriate. For each requested waiver circle the item number and fill in the reason for your request in the space provided. Use additional sheets if necessary. See the Zoning Ordinance for all site plan requirements. B. Site plan(s) at a scale of 1" = 40' showing 1 = 100 B -1. Name and address of the owner and the developer, name of the project, date and scale of plans B -2. Location and boundaries of the lot, adjacent streets or ways, location and owners names of all adjacent properties and those within 300 feet of the property line, and all zoning district boundaries B -3. Existing and proposed buildings, setbacks from property lines, building elevations, and all exterior entrances and exits (elevation plans of all exterior facades structures are encouraged) B -4. Present & proposed use of the land and buildings; B -5. Existing and proposed topography at two foot contour intervals, showing wetlands, streams, surface water bodies, drainage swales, floodpwns, and unique natural land features (for intermediate projects the permit granting authority may accept generalized topography instead of requiring contour lines); B -6. Location of parking & loading areas, public & private ways, driveways, walkways, access & egress points, proposed surfacing B -7. Location and description of all stormwater drainage facilities, (including applicable calculations and drainage public & private utilities, sewage disposal facilities, and water supply; B -8. Existing & proposed landscaping, trees and plantings (size & type of plantings), stone walls, buffers, and fencing B -9. Location, dimensions, height, color, illumination of existing and proposed signs; B -10 Provisions for refuse removal, with facilities for screening of refuse when appropriate B -11 An erosion control plan (for major projects only) and other measures taken to N%W ../ protect natural resources & water supplies C. Estimated daily and peak hour vehicle trips generated by the proposed use, traffic patterns for vehicles and pedestrians showing adequate access to and from the site, and adequate vehicular and pedestrian circulation within the site. CONSULT ZONING FOR INFORMATION REQUIRED FOR MAJOR PROJECTS. Site Plans submitted for major projects shall be prepared (and stamped) by a registered Architect, Landscape Architect, or Professional Engineer. A. LOCUS (show where your project is on this or another map) (deRpb \siteplan.pb 3/6/92) `.. ROBERT A. & ANN M. BORAWSKI FLAG LOT AND COMMON DRIVEWAY PERMIT PAGE 1 SECTION 6.12 - COMMON DRIVEWAY a) said common driveway shall not service more than three (3) lots. The common driveway servicing lots 4 and 5 only services those two lots. b) said common driveway shall provide the only vehicular egress /access to the lots being serviced by it, and shall be so stated in the deeds to the subject lots. Any deed will have this encumbrance placed within it. C) the grade, length and location of the common driveway shall be of suitable construction, in the opinion of the Planning Board, for the access and turn - around of the number and types of vehicles, including moving vans, ambulances, fire and police, which will be utilizing such driveway. Such common driveway : 1) shall have a width of at least fifteen (15) feet, and It does. 2) shall have 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 turn -out being located at the driveway connection to the street, and Such turnouts are provided for. 3) must meet the prior approval of the DPW and the Fire Department, and These plans have been submitted to both the DPW and the Fire Department, for their review and approval which was given orally to the applicant. 4) shall conform to all other driveway requirements of the zoning ordinance. It does. borawskz \pb -comet l .dry .a/ ROBERT A. & ANN M. BORAWSKI FLAG LOT AND COMMON DRIVEWAY PERMIT PAGE 2 SECTION 6.13 - FLAG LOT 9. 3 Contiguous Lot maximum complied complied 10. Grade, length & Location of driveway see plans see plans 11. Legend on Plan - yes 12:. a. Plan shows location of driveway and house - yes b. Provisions for drainage and storm water- see plan borawskz \flag.add The following information applies to Lots 2,3,6,8 and 9 Descrirntion Ordinance Requirement Proposal 1.. Access frontage 50 ft. 50 ft., or more 2.. Access width 50 ft. minimum 50 ft., or more 3. Access Roadway- radius not more than 80 ft. 80 ft. 4.. Lot area (doubled x 30,000) 60,000 sq. ft. 5.831 acres, or more 5.. Setbacks doubled: Front - 30 ft. 60 ft. 60 ft. or more Side - 20 ft. 40 ft. 40 ft. or more Rear - 40 ft. 80 ft. 80 ft. or more 6. Maximum Building Coverage (20% of 2/3) 7. Minimum Open Space (85 %) 8. Circle around Structures - yes 9. 3 Contiguous Lot maximum complied complied 10. Grade, length & Location of driveway see plans see plans 11. Legend on Plan - yes 12:. a. Plan shows location of driveway and house - yes b. Provisions for drainage and storm water- see plan borawskz \flag.add `r ROBERT A. & ANN FLAG LOT AND COMMON PAGE M. BORAWSKI DRIVEWAY PERMIT 3 SECTION 10.10.3 - SPECIAL PERMIT REQUIREMENTS 3. Before granting an application for a special permit, the special permit granting authority, with regard to the nature and condition of all adjacent structures and uses, and the district within which the same is located, shall find all of the following general conditions to be fulfilled: (a) The use requested is listed in the Table of use Regulations as a special permit in the district for which application is made or is so designated elsewhere in this Ordinance. a. The proposed use is for single family homes and is allowed as a matter of right in an applicable zones. (b) The requested use bears a positive relationship to the public convenience or welfare. b. Homes for families, are certainly positive in terms of public convenience and welfare, especially as this proposed use is permitted in this zone. (c) The requested use will not create undue traffic congestion or unduly impair pedestrian safety. C. For the least intensive use of land, and a driveway laid out in accord with the Department of Public Works requirements, there is no issue of public convenience or pedestrian safety. The use of common drives also diminishes the number of curb cuts and therefore the interference with what is already an almost non- existent traffic flow. (d) The requested use will not overload any public water, drainage or sewer system or any other municipal system to such an extent that the requested use or any developed use in the immediate area or in any other area of the City will be unduly subjected to hazards affecting health, safety, or the general welfare. d. The engineer, per the plans, has stated that there will be no detrimental impact on due to storm water run -off. The lots have all successfully passed percolation tests showing that appropriate sanitary sewage disposal systems may be installed. The other systems are all municipal and there is no negative impact. S%m .,/ ROBERT A. & ANN M. BORAWSKI FLAG LOT AND COMMON DRIVEWAY PERMIT PAGE 4 SECTION 10.10.3 - SPECIAL PERMIT REQUIREMENTS (continued) (e) Any special regulations for the use as set forth in Article XI are fulfilled. e. There is no issue here. (f) The requested use will not unduly impair the integrity of character of the district or adjoining zones, nor be detrimental to the health, morals, or general welfare. The use shall be in harmony with the general purpose and intent of the ordinance. f. The ordinance provides for single family housing in this neighborhood, and is therefore appropriate and consistent with this heavily developed residential area. The juxtaposition to a neighboring farm is consistent with the zoning ordinance. A single family residence cannot be said to affect morals or general welfare, nor health. Accordingly, the proposed use is in harmony with the intent of the ordinance. The assembly of lots by flag lots and with common driveways makes effective affordable use of the land. The plan for the flag lots and common drives was previously approved by the Planning Board. The Applicant believes that the original permits are still in place and that it has acted upon them. After approval, it took approximately one year to have the survey prepared; the survey disclosed several boundary encroachments, and it took approximately two more years to resolve the boundary disputes, all of which were resolved and are reflected on this plan; one drinking well was installed on lot 2; the site was cleared and the common driveway for lot 5 was cleared. The Building Inspector granted a building permit and a zoning permit, but the driveway serving lots 4 and 5 had to be relocated. At that time the Planning Department ruled that the permits had expired, which conclusion the applicant does not agree with. This application shall not be deemed a waiver of the prior permits but is submitted in the alternative. The applicant does agree that it requires approval of the modification to the common driveway on lots 4 and 5. borawskz \pb- spec.per ..✓ ROBERT A. & ANN M. BORAWSKI FLAG LOT AND COMMON DRIVEWAY PERMIT PAGE 5 SECTION 10.11.5 - SITE PLAN APPROVAL REQUIREMENTS B. Site plan(s) at a scale of 1 = 100' showing: "Special Permit Plan of Land in Northampton (Hampshire Co.), MA Prepared for Robert A. Borawski", dated August 2, 1994. B -1. Name and address of Owner Robert A. Borawski, Ann M. Borawski, 170 Kennedy Road, Northampton, Massachusetts; Name and address of Developer Robert A. Borawski, Ann M. Borawski, 170 Kennedy Road, Northampton, Massachusetts; Name of Project Single family residences of the Borawskis Date and Scale of Plans August 2, 1994 Scale: 1 = 100' B -2. Location and boundaries of the lot adjacent streets or ways location and owners names of all adjacent properties and those within 300 feet of the property line and all zoning district boundaries See abutter's list filed. B -3. Existing and proposed buildings setbacks from property lines building elevations, and all exterior entrances and exits (elevation plans of all exterior facades structures are - encouraged) All set -backs and locations, where required are shown on the plan B -4. Present & proposed use of the land and buildings unimproved land which are designed for single family residences. B -5. Existing and proposed topography at two foot contour intervals showing, wetlands, streams surface water bodies drainage swales floodplains and unique natural land features (for intermediate projects the permit granting authority may accept generalized topography instead of requiring contour lines) see topographical overlay - note on plan indicates that topography is from the 1965 City of Northampton Photgrammetry. ..,r *%NW ROBERT A. & ANN M. BORAWSKI FLAG LOT AND COMMON DRIVEWAY PERMIT PAGE 6 SECTION 10.11.5 - SITE PLAN APPROVAL REQUIREMENTS (continued) B -•6. Location of parking & loadina areas public & private w ays, driveways walkways access & egress point propo surfacing see plan. specific houses are not designed. all construction will be in accord with requirements of zoning ordinance. B --7. Locatio and description of all stormwater drai f acilities, (inc luding applicable calculations and drai p ublic & private utilities there is a public water system. See note 6 on page 2 of plans. B -8. Existing and proposed landscaping trees and pla ntings (size & tvp(e of plantings) stone walls buffers and fencing: No plans for substantial landscaping beyond what is there. B - -9. Location dimensions height color, illumina of existin and proposed signs Not applicable. B- -10. Provisio for refuse removal with facilities f screen of refuse when appropriate Used at home. B -11. An erosion control plan (for major projects only) and other measur taken to protect natural resources & w ater supp Not applicable. C. Estima daily and peak hour vehicle trips gen erated by the propo use traffic patterns for vehicles an pede strians showin adequate access to and from the site, and adequate vehicular and pedestrian circulation within the site. CONSULT Z ONING FOR INFORMATION REOUIRED FOR MAJOR PROJEC Six round trips per day per lot. Two round trips in any one hour per lot. 1... ROBERT A. & ANN FLAG LOT AND COMMON PAGE M. BORAWSKI DRIVEWAY PERMIT 7 SECTION 10.11.6 - SITE PLAN REVIEW /APPROVAL CRITERIA In conduction the Site Plan Review (Intermediate Projects) and Site Plan Special Permit (Major Projects), the Special Permit Granting Authority shall consider the following matters: A. Protection of adjoining premises against seriously detrimental uses by provision for surface water drainage, sound and sight buffers and preservation of views, light, and air; The subject lots are all large and located in a sparsely settled area of the City. due to the topography and set -back requirements, the improvements on the lots should all be private and suitable located. There should be no negative impact from water drainage, sound nor sight. All views will not be negatively impacted by improvements on adjoining lots, nor will they interfere with existing views, nor light nor air. B. Convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets, minimizing traffic impacts on the streets, road and highways in the area, the location of driveways opening in relation to traffic, access by emergency vehicles, and to adjacent streets and, when necessary, compliance with other regulations for the handicapped, minors and the elderly; The use of common driveways enhances these lots and keeps the number of driveway openings to a minimum. There will be easy vehicular access and no interference with other traffic, nor with pedestrians. C. Adequacy of the arrangement of parking and loading spaces in relation to the proposed uses of the premises; There will only be single family homes constructed and thus parking and loading are not issues. D. Relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area and compliance with other requirements of the ordinance; and Due to the size of the lots, and the large amounts of open space these lots will blend in with the area. *q..' ROBERT A. & ANN M. BORAWSKI FLAG LOT AND COMMON DRIVEWAY PERMIT PAGE 8 SECTION 10.11.6 - SITE PLAN REVIEW /APPROVAL CRITERIA (continued) E. Mitigation of adverse impacts on the City's resources including the effect on the City's water supply and distribution system, sewage collection and treatment systems, fire protect, and streets. The modest use occasioned by single family homes will have virtually no impact.on the water supply system, or other municipal systems. Title V of the State sanitary code will be complied with to protect the environment. F. Compliance with the technical performance standards below. The only technical performance standard that seems to apply to this application is that curb cuts onto streets be minimized. The use of common driveways accomplishes this. bornwskz \pb -sit1. pin. -ftu/ ROBERT A. & ANN M. BORAWSKI FLAG LOT AND COMMON DRIVEWAY PERMIT PAGE 9 SECTION 16 - WATER SUPPLY PROTECTION DISTRICT Single family residential uses are permitted as a matter right within this zone. It is not prohibited (Section 16.4) no special permit required (section 16.7) nor is it restricted. T requirement is that the municipal sewer system be used where fe (Section 16.4.f.1), which system is not available. of r is a he only asible borawskzlpb -combi Date Filed 1. Name of Ap plicant: Address: 11� tnAe 2. Owner of P Address: I 3. Status of Applicant: Owner 4Contract Purchaser Lessee Other (explain: 4. Parcel. Identification: Zoning Map Sheet# 10 Zoning District(s) (includeooverlaly) ,n Street Address II�� ..., Parcel# f (o , U Required 4 - ± Pro osed b Zoning 0 M __ - e_ P to #6) ADD — 0 L : R • Em Cot eSt 5 . Existing Use of Structure /Property (if project is only interior work, s Building height oBldg.Coverage (Footprint) Setbacks - front - side L: R: - rear Lot size Frontage Floor Area Ratio %Open Space (Lot area minus building and parking) Parking Spaces Loading Signs Fill. (volume & location) "r 6. Narrative Description of Prop sed Work /Projec : (Use addi ional beets if necessaVy) 6� navn .�, /.&LeX�.�,ti,� /IDiii✓i.nf 7, Attached Plans: Sketch Plan Site Plan 8. Certification: I hereby certify that the informat'on ntain herein is true and accurate to the best of my knowle Date: Applicants Signature: THIS SECTION FOR OFFICIAL USE ONLY: - Approved as presented /based on information presented Denied as presented -- Reason: Special' Permit and /or Site Plan Required: indin Required: Variance Required: T gn re of ding Inspector D to NOTE Issuance of a zoning permit does not relieve an applicant's burden to comply with all zoning requirements and obtain all required permits from the Board of Health, Conservation Commission, Department of Public Works and other applicable pormil granting authorities. /c'T)- M �., 4 u •tee' . sthyn. 'y 1 � 1 r nil File No. ZONING PERMIT APPLICATION ( §10.2) C L- City of Northampton Law Department MEMORANDUM TO: FROM: SUBJECT: DATE: Frank Sienkiewicz, Building Inspector Kathleen G. Fallon, City Solicitor Kennedy Road; Map 10, Parcel 16 April 11, 1994 It appears from Mr. Borowski's letter of March 30, 1994, that no house has yet been built on the above lot. There is not enough information in the file for me to form a definite opinion as to the situation. However, based on the information that is available, I can make the following conclusions. The special permits for the flag lots and common driveways were issued on April 13, 1990. I see no evidence that the ZBA decision was recorded although that may have been done. The permits would have expired in eighteen (18) months, on October 13, 1992, unless exercised prior to that date. It appears that the 1990 decision authorized three (3) common driveways, two leading from Audubon Road and one from Kennedy Road, the latter being the driveway which is the subject of this request. This driveway was intended to serve Lots #5 (Map 10, Parcel 16) and #4 as shown on the plan submitted with the special permit application. Unless "substantial use" of the special permit began within the eighteen month period, it would have lapsed. It appears that Mr. Barowsky did not even file for a building permit until a year after the expiration date. The septic system approval was not granted until September, 1993. An ANR plan was approved on April 11, 1991, but it is my opinion that the filing and recording of this plan does not qualify as "substantial use" of the permits. There is also case law that states that site preparation alone does not qualify as exercise of a permit. Absent further information, it is my conclusion that the special permit for the common driveway serving lots #5 and #4 has lapsed. Mr. Barowsky must file a new application to reestablish the special permit. However, since moving the driveway would require a new application, he would have to go through the permitting process again regardless of the status of the special permit. Unless substantial use has occurred in connection with the other special permits granted in the decision of April 13, 1990, those permits have also lapsed. If Mr. Barowsky is the owner of any of 0 I WAW ...e the parcels affected by other lapsed permits, he may want to file for new permits at the same time. There is another alternative, of course. Lot 5 appears to comply with all dimensional requirements of the zoning ordinance. A single family home may be built on it without zoning relief. However, doing so may compromise the ability to develop Lot 4 since the common driveway will not be available. 0 %twpK The Berkshire Design Group January 25, 1990 tfldscape Architecture C01111nunit}' Planning i listoric Preservation Urlmri Jeslgil d City of Northampton ,JAN 3 I rM Zoning Board of Appeals Northampton, Massachusetts 01060 DEPT OF BUILDING INSPECTIONS NORTHAMPTON, MA 01060 RE: Special Permit Application for Robert A. and Ann M. Borawski Members of the Zoning Board of Appeals, Please accept this application for special permit submitted for Robert A. and Ann M. Borawski's property at 170 Aububon Road in Leeds (Tax Map #10 -A, Parcels 1, 16, 17, 18, 19, 20 & 22). We request the following waivers: 1. Locus plan at a scale of 1:25,000 (U.S.G.S.) rather than a scale equal to the Assessor's Map. 2. Site plan at a scale of 1" = 100' rather than a scale of 1" = 40'. 3. Existing and proposed contour elevations in five foot increments rather than one foot increments. This request applies to the City of Northampton Zoning Board of Appeals and any other boards which may have jurisdiction or review of this application. Sincerely, f The Ber ksh' e Design Group ard M. Klein, Partner RMK /lk 4 Allen Place Northampton, Massachusetts 01060 (413) 586 -9541 `t ihmoq: ,tnfl: Ih h%N.;f, 1-.( 30 (, S2 0948 S W nT l5 l' 1(�•l'� -• l S CITY OF NORTHAMPTON I ? I ZONING PERMIT APPLICAT;I 9 Y ap No IO�I Lot , Q , Zoning Ordinance Section 10.2 eceiv � File No. Plan File -- Owner Robert A. & Ann M. Borawski Address 170 Audubon Rd., Leeds, MA 01053 Address _ Telephone (413) 584 -3291 Telephone This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations: (Z.O. ARTICLE VI) Zoning District Use. Lot Area Front Width Depth Setbacks Max. Bid. Cover Min. Op. Space Front Side Rear T Past R Existing Agrid. 69.2 A - - - - -- - - - - - -- - - - - - -- —see plan - - - - -- -- - - - - -- % Present RR Proposed Resid. 69.2 Ag F - - -- - - - - - -- - - - - - -- - -see pl n - - - -- - - - - - -% ------- % - - - - -- % Mark the appropriate box to indicate the use of the parcel: O Non - Conforming Lot and /or Structure. Specify • Subdivision with "Approval- Not - Required " - Stamp: • Planning Board Approval: 5d Zoning Board Approval (Special Permit 10.9: Variance) O City Council (Special Exception S. 10.10) Waters Protection District Overlay: (Z.O. Sect. XIV)W, TER SUppLY pROT. DIST. O Yes 0 No Parking Space Requirements: (Z.O. Sect. 8.1) Required 2 Proposed 2 Loading Space Requirements: (Z.O. Sect. 8.2) Required U Proposed Signs: (Z.O. Art. VII) In Yes O No Environmental Performance Standards: (Z.O. Art. XI 1) O Yes Ej No O Residential OSingie Family Unit OMulti- Family O Duplex O Other O Business ❑ Individual O Institutional O Regular O P.U.D. ® Subdivision O Cluster [29 Other Flag Lat 9 A. & Ann M. Borawski 170 Audubon Rd., Leeds, MA 01053 (413) 584 -3291 Plot Plan (S.10.2) O Yes 50 No Site Plan Yes O No (S. 10.2 and 10.11 Waiver Granted: Date O This section for OFFICIAL use only: ❑ Approval as presented: D Modifications necessary for approval: O Return: (More information needed) Denial: Reasons: ?5A- �— 0 l'3l•°td Signature of Applicant Date Signature of Admin. Officer Date P jNf h-1. Do Not Write In These Spaces Rar.'d R-1- Checked `.l _VW Application Number: �� Filed Fee Pd. Rec'd. ZBA Map(s) Parcels) By A Date ey Date Date Amt. Date ey Date , 16, , t CD [� V - 1 o Zo, �. -11 APPLICATION IS HEREBY MADE TO THE CITY OF NORTHAMP M EALS: 1. Name of Applicant Robert A. & Ann M. Borawski D a v Address 170 Audubon Road Leeds MA 01053 2. Owner of Property Robert A. & Ann M. Borawski �' Address 170 Audubon Road, Leeds, MA 0105 nFr -r of gU16DIN� I� "rsriuF iV0RTHAWf6 MA 0106Q 3. Applicant is: [ROwner; 0Contract Purchaser; DLessee; OTenant in Possession. 4. Application is made for: ❑ VARIANCE from the provisions of Section page of the Zoning Ordinance of the City of Northampton. JOSPECIAL PERMIT under the provisions of Section 1C. 10. page- the Zoning Ordinance of the City of Northampton. DOTHER: 5. Location of Property 170 Audubon Rd., Leeds , Ma. 01053 , being situated on ; the � � side of Audubon Road , Stfee4 and shown on the Assessors' Maps, Sheet No. 10 -A , Parcel (s) 1, 16, 17,18,19, 20, 22 6. Zone RR, Water Supply Protection Overlay District 7. Description of proposed work and /or use; Residential subdivision into 9 lots, 5 of which are flag lots & 3 common driveways. Work involves minor clearing, some re- grading, installation of necessa lltilitie_s as not Ad on =inns_ Erosion control methods will be i m�U1 oyed prior F. d uri ng rnnstr1ir•ti nn to protect all wetland & aquifer resource areas. 8. (a) Sketch plan attached; DYes lXNo (b) Site plan: ZI Attched DNot Required 9. Set forth reasons upon which application is based: Northampton Zoning Ordinance, Section 6.1 - Flag Lots, Section 6.13 Appendix A. This Residential Subdivision with 9 lots(5 of which are flag lots) will not impact the site and wetlands as muc as thy- Prt-1 i mi na Plan for 88 lots o i gi nnal 1 y submi tt-Pd fnr this parr--P-1 on 1 -4 -88_ 10. Abutters (see Instructions; Ilst on reverse side of form). 12. 1 hereby certify that information contained herein is true to thMWZ: Date l 'UP - JO A pplicant's Signature Assessor's Map 11. List of Abutters: Address heet No. Parcel 1. John H. & Elizabeth W etmold, 231 Audubon Rd., Leeds ` 5 43 2 James & Sigrid D. Brazeau, 219 Audubon Rd., Leeds 5 44 William & Leslie Lashway, 179 Audubon Rd., Leeds 5 45 4 C & C Contractor's Inc., Audubon Rd., Leeds 5 46 5 Franklin & Mary Faivre, 151 Audubon Rd., Leeds 5 4 6 Annie Chappell, 150 Audubon Rd., Leeds 10B 1 7 City of Northampton (Water Dept.), Reservoir Road, Leeds 10C 6 8. �-effrey & Diana Gordon, 311 Kennedy Rd., Leeds 10C 5 9 Norman & Carol Gougeon, 401 Kennedy Rd. Leeds 10C 2 10, Fdgar & Rebecca Lindsey, 481 Kennedy Road., Leeds 10A 15 11. Peter DeRose, 64 Kennedy Rd. ( Mailing: 28 Prospect Ave., Nthpt.) 14 6 12. Berkshire Electric Co., Inc., Kennedy Rd., Leeds 9 3 13. Garson & Robin Fields, (dba. Audubon Partners) 410 Kennedy Rd. 9 10 14. Martha S. Gervais, Kennedy Rd.( Mailing: 567 Kennedy Rd., Leeds 10A 21 15. Martha S. Gervais, Kennedy Rd.(Mailing: 567 Kennedy Rd., Leeds 5 54 16 Richard & Geraldine Nicoli, 378 Audubon Rd., Leeds 5 .27 17 William & Elizabeth Swift, 228 Audubon Rd., Leeds 5 26 1 8 Walter & Elaine Southard, 222 Audubon Rd., Leeds 10A 8 19 Lee M. Whitney, 214 Audubon Rd., Leeds 10A 13 20 Robert Brandt & Joan Swerdlow- Brandt, 200 Audubon Rd., Leeds 10A 7 2'i . 22. 23. 24. 25. 26. 27. 28. 29. 30. (Attach additional sheets, if necessary) P Nf P %aw ../ EASEMENT EXHIBIT Those certain tracts or parcels of land located on Audubon Road and Kennedy Road in Northampton, County of Hampshire, Massachusetts, shown on a plan entitled "Compiled Plan of Land in Northampton, (Hampshire County) MA, prepared for Robert A. Borawski," dated August 22, 1990, C.T. Male Associates, P.C., and recorded in the Hampshire County Registry of Deeds in Plan Book , Page , shall be subject to certain rights and obligations as hereafter set forth: Tract 2 SUBJECT to and TOGETHER with the following rights and obligations regarding these portions of Lot 2 which are designated as Easements "A and B" as shown on the aforementioned plan. The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easements. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement A Lot 2 - - -- 33 -1/3% Lot 3 - - -- 33 -1/3% Lot 6 - - -- 33 -1/3% Easement B Lot 2 - - -- 50% Lot 3 - - -- 50% Tract 3 SUBJECT to and TOGETHER with the following rights and obligations regarding these portions of Lot 2 which are designated as Easements "A and B" as shown on the aforementioned plan. The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easements. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement A Lot 2 - - -- 33 -1/3% Lot 3 - - -- 33 -1/3% Lot 6 - - -- 33 -1/3% Easement B Lot 2 - - -- 50% Lot 3 - - -- 50% 1 Tract 4 '" SUBJECT to and TOGETHER with the following rights and obligations regarding that portion of Lot 5 which is designated as Easement "F" as shown on the aforementioned plan. The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easement. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement F Lot 4 - - -- 50% Lot 5 - - -- 50% Tract 5 SUBJECT to and TOGETHER with the following rights and obligations regarding that portion of Lot 5 which is designated as Easement "F" as shown on the aforementioned plan. The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easement. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement F Lot 4 - - -- 50% Lot 5 - - -- 50% Tract 6 SUBJECT to and TOGETHER with the following rights and obligations regarding that portion of Lot 2 which is designated as Easement "A" as shown on the aforementioned plan. The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easement. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement A Lot 2 - - -- 33 -1/3% Lot 3 - - -- 33 -1/3% Lot 6 - - -- 33 -1/3% 2 `� Tract 7 , "we SUBJECT to and TOGETHER with the following rights and obligations regarding these portions of Lot 8 which are designated as Easements "C and E" as shown on the aforementioned plan. The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easements. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement C Lot 7 - - -- 33 -1/3% Lot 8 - - -- 33 -1/3% Lot 9 - - -- 33 -1/3% Easement E Lot 7 - - -- 100% Lot 8 - - -- 0% Tract 8 SUBJECT to and TOGETHER with the following rights and obligations regarding these portions of Lot 8 which are designated as Easements "C, D and E" as shown on the aforementioned plan. The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easements. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement C Lot 7 - - -- 33 -1/3% Lot 8 - - -- 33 -1/3% Lot 9 - - -- 33 -1/3% Easement D Lot 9 - - -- 100% Lot 8 - - -- 0% Easement E Lot 8 - - -- 0% Lot 7 - - -- 100% 3 M Tract 9 SUBJECT to and TOGETHER with the following rights and obligations regarding these portions of Lot 8 which are designated as Easements "C and D" as shown on the aforementioned plan. The owners of each of the following lots, as shown on said plan, shall be responsible for.the maintenance and upkeep of such Easements. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement C Lot 7 - - -- 33 -1 /3% Lot 8 - - -- 33 -1 /3% Lot 9 - - -- 33 -1I3% Easement D Lot 9 - - -- 100% Lot 8 - - -- 0% 4 M tier+ GENERAL PROVISIONS The following provisions shall be applicable to all of the lots shown on said plan except for Lots 1 and 5, and shall be used to define the obligations set forth herein. Maintenance and upkeep shall include the following: a. Cost of snow removal, plowing, and sanding. b. Grading, regrading, patching and filling as necessary to maintain the Easements for the safe passage of ordinary passenger cars and trucks. C. Such other maintenance as the owners of the aforesaid lots shall agree upon. Said cost of maintenance shall be a lien against each of the aforesaid lots being served by the Easements, and shall be the obligation of each of the owners of the aforementioned lots. Said Easements shall be used solely for the purpose of ingress and egress from each of the aforementioned lots, by vehicle and on foot. No parking or storing of automobiles or any other materials thereon shall be allowed. Evidence of payment of the aforesaid costs shall be conclusively proven by a writing recorded in the Hampshire County Registry of Deeds, signed by a majority of the owners of the aforementioned lots, or their designee. Each owner of a lot is obligated, upon 10 days written notice, to execute a document indicating the status of payments regarding any lot For grantors title, see the deed recorded in the Hampshire County Registry of Deeds as follows: Book 2126, Book 1531, Book 1799, Book 1799, Book 1799, Book 1799, Book 1799, hs\bor- deed.2 176; 11; 83; 87; 91; 85; and 89. Page Page Page Page Page Page Page 5 M PERMITS ISSUED BOARD/ COMMISSION: PLANNING BOARD TYPE OF PERMIT DATE ISSUED DATE EXPIRES SPECIAL CONDITIONS ok PAGE 1 OF I � � r.... .r/ FORM A NORTHAMPTON, MA APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL File five completed forms and plans and one mylar with the City Clerk and the Planning Board in accordance with the requirements of section 3.02. To the Planning Board: The undersigned, believing that the accompanying plan of his /her property in the City of Northampton does not constitute division within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Z 61a is not required. 1. Applicant Robert A. Borawski Print or type name Signature Rox 301 170 Audubon Road Address Phone 2. Owner Robert A. and Ann M. Boraw Print or type name Signature Address 3. Surveyor, Phone Print or type name ignature c/o C.T. Male Associates, P.C. One Arch Place, Box 1555, Greenfield, Ma. Address (413)774 -7248 Phone 4. Deed or property recorded in Hampshire _ Registry, 2126 -176 1799 83 1799 -87 1799 -91 Book 1531 11 p age 1799 -85 1799 -89 5. Location and Description of Property: Audubon Road 6. Assessor's Map ID: 10 Lot(s): 461 M C I it I 5 1 - 27 Part J[j . AM 1 61991 Date Submitted for Planning Date Pla Bo Board Approval: Decision ile City Clerk: o City Cle d (Signature) (S nature 10/01/90 Richard L. Woo 1 0 r../ EASEMENT EXHIBIT Those certain tracts or parcels of land located on Audubon Road and Kennedy Road in Northampton, County of Hampshire, Massachusetts, shown on a plan entitled "Compiled Plan of Land in Northampton, (Hampshire County) MA, prepared for Robert A. Borawski," dated August 22, 1990, C.T. Male Associates, P.C., and recorded in the Hampshire County Registry of Deeds in Plan Book , Page , shall be subject to certain rights and obligations as hereafter set forth: Tract 2 SUBJECT to and TOGETHER with the following rights and obligations regarding these portions of Lot 2 which are designated as Easements "A and B" as shown on the aforementioned plan. The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easements. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement A Lot 2 - - -- 33 -1 /3% Lot 3 - - -- 33 -1 /3% Lot 6 - - -- 33 -1I3% Easement B Lot 2 - - -- 50% Lot 3 - - -- 50% Tract 3 SUBJECT to and TOGETHER with the following rights and obligations regarding these portions of Lot 2 which are designated as Easements "A and B" as shown on the aforementioned plan. The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easements. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement A Lot 2 - - -- 33 -1 /3% Lot 3 - - -- 33 -1 /3% Lot 6 - - -- 33 -1I3% Easement B Lot 2 - - -- 50% Lot 3 - - -- 50% 1 `.0• .MV1' Tract 4 SUBJECT to and TOGETHER with the following rights and obligations regarding that portion of Lot 5 which is designated as Easement "F" as shown on the aforementioned plan. The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easement. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement F Lot 4 - - -- 50% Lot 5 - - -- 50% Tract 5 SUBJECT to and TOGETHER with the following rights and obligations regarding that portion of Lot 5 which is designated as Easement "F" as shown on the aforementioned plan. The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easement. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement F Lot 4 - - -- 50% Lot 5 - - -- 50% Tract 6 SUBJECT to and TOGETHER with the following rights and obligations regarding that portion of Lot 2 which is designated as Easement "A" as shown on the aforementioned plan. The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easement. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement A Lot 2 - - -- 33 -1/3% tAPR Lot 3 33 -1/3% D Lot 6 - - -- 33 -1/3% 1199 i E N"WW .../ Tract 7 SUBJECT to and TOGETHER with the following rights and obligations regarding these portions of Lot 8 which are designated as Easements "C and E" as shown on the aforementioned plan. The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easements. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement C Lot 7 - - -- 33 -1/3% Lot 8 - - -- 33 -1/3% Lot 9 - - -- 33 -1/3% Easement E Lot 7 - - -- 100% Lot 8 - - -- 0% Tract 8 SUBJECT to and TOGETHER with the following rights and obligations regarding these portions of Lot 8 which are designated as Easements "C, D and E" as shown on the aforementioned plan. The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easements. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement C Lot 7 - - -- 33 -1/3% Lot 8 - - -- 33 -1/3% Lot 9 - - -- 33 -1/3% Easement D Lot 9 - - -- 100% Lot 8 - - -- 0% Easement E Lot 8 - - -- 0% Lot 7 - - -- 100% APR 1 6 �i 3 14%W Tract 9 ..r1 SUBJECT to and TOGETHER with the following rights and obligations regarding these portions of Lot 8 which are designated as Easements "C and D" as shown on the aforementioned plan. The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easements. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement C Lot 7 - - -- 33 -1/3% Lot 8 - - -- 33 -1/3% Lot 9 - - -- 33 -1/3% Easement D Lot 9 - - -- 100% Lot 8 - - -- 0% 4 APR 16 1991 M `\W 11� GENERAL PROVISIONS The following provisions shall be applicable to all of the lots shown on said plan except for Lots 1 and 5, and shall be used to define the obligations set forth herein. Maintenance and upkeep shall include the following: a. Cost of snow removal, plowing, and sanding. b. Grading, regrading, patching and filling as necessary to maintain the Easements for the safe passage of ordinary passenger cars and trucks. C. Such other maintenance as the owners of the aforesaid lots shall agree upon. Said cost of maintenance shall be a lien against each of the aforesaid lots being served by the Easements, and shall be the obligation of each of the owners of the aforementioned lots. Said Easements shall be used solely for the purpose of ingress and egress from each of the aforementioned lots, by vehicle and on foot. No parking or storing of automobiles or any other materials thereon shall be allowed. Evidence of payment of the aforesaid costs shall be conclusively proven by a writing recorded in the Hampshire County Registry of Deeds, signed by a majority of the owners of the aforementioned lots, or their designee. Each owner of a lot is obligated, upon 10 days written notice, to execute a document indicating the status of payments regarding any lot For grantors title, see the deed recorded in the Hampshire County Registry of Deeds as follows: Book 2126, Book 1531, Book 1799, Book 1799, Book 1799, Book 1799, Book 1799, hs\bor- deed.2 Page Page Page Page Page Page Page APR 1 61991 5 176; 11; 83; 87; 91; 85; and 89. NWMWI 1.0 FORM A NORTHAMPTON, MA APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL File one completed form with the Planning BoardAPR j gjo3 and one copy with the City clerk in accordance � the requirements of Section 3.02. OF PLAN "4NING AND DEVELOPMENT r To the Planning Board: The undersigned, believing that the accompanying plan of his /her property in the City of Northampton does not constitute division within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdi ision Control Law is not required. 1. Applicant h A - J?6 R Pq wc 7 Print or type name Signature /70 4 Vb V P96*u A,> 36/ tgrb M A 0/6" 3 a Address /� Phon 2. Owner IPoaole -r A" (?6RRwftd' Print or type name TIghature /7o 4 V *b )1 oa lPa• P'•o R• 361 lFv MA 010.5 -7 / 3d 9/ Address Phone 3 . Su rveyor (f . HAC C ASfoC /AYES P C l/ Print or type name S gnature P- d i x /3s'S �� E�.0 iC� f'l � Q /fo 77 -- 7.1 Y"P Address Phone 4 Deed or property recorded in Pj4n) fH /RE Co vv Ty Registry, Book ,4f'2/ Pacge / 5. Location and Descript of Property: ,l Date of Submission City Cler Signat • ri M *AWW .sof DECISION OF NORTHAMPTON PLANNING BOARD At a meeting held on March 22, 1990, the Planning Board of the City of Northampton voted unanimously to GRANT the requests of Robert A. and Ann M. Borawski for Special Permits under the Provisions of Sections 6.12 and 6.13 of the Northampton Zoning Ordinance to allow three common driveways and five flag lots on a 69.2 acre parcel comprising Lots 1, 16, 17, 18, 19, 20 and 22 of sheet 10 -A of the Northampton Assessor's Maps, located on the southwestern side of Audubon Road, Leeds. These parcels are shown and defined on a drawing entitled, "Crow Hill, Special Permit Plan" dated March 8, 1990. Present and voting were Chairman J. Beauregard, N. Duseau, M. Mendelson, J. Arnould, E. J. Gare III and J. Holeva. The findings are as follows: As to the common driveway, the requested use is listed in Section 6.12 as being allowed by Special Permit in the district for which application is being made. The requested use bears a positive relationship to the Public convenience or welfare, in that one common driveway is preferred over two separate driveways, for safety reasons. The requested use will not create undue traffic congestion or unduly impair pedestrian safety. The requested use will not overload any municipal systems, provided that the conditions subsequent which are a part of this decision, are observed. The requested use will not unduly impair the integrity or character of the district, and is in harmony with the general purpose and intent of the ordinance. Attached hereto are the conditions which shall apply to the granting of this Special Permit. As to the flag lots, the requested use is listed in Section 6.13 as being allowed by Special Permit in the district for which application is being made. \.r ..s NORTHAMPTON PLANNING BOARD DECISION ROBERT A. AND ANN M. BORAWSKI SPECIAL PERMIT REQUEST ! PAGE TWO The requested use bears a positive relationship to the public convenience or welfare by allowing the flexible arrangement of lots and dwelling sites, while reducing the amount of public roadway required to access the lots. The requested use will not create undue traffic congestion or unduly impair pedestrian safety. The requested use will not overload or endanger any public systems or facilities. The requested use will not unduly impair the integrity or character of the district, and is in harmony with the general purpose and intent of the ordinance. The requested flag lots meet all the requirements (Paragraphs (a) through (1) of Section 6.13 of the Northampton Zoning Ordinance. Attached hereto are the conditions which apply to the grant of this Special Permit. The special Permits are granted. eph ea gard, Chair r J . os 'f rno ld Andrew Crysta dith Hale N ncy P. D eau ;Marion Mendelson E. John Gare III c J s Holeva William J. L kin Nftw . op BORAWSKI COMMON DRIVEWAY CONDITIONS A. All work shall comply with the plans entitled Crow Hill: a) Special Permit Plan, dated 1- 26 -90; and b) Erosion/ Sedimentation Control Plan, dated 318190 & 3118/90 which by reference shall become a part of this Special Permit. B. House numbers, identifying all of the homes utilizing the common driveway, shall be placed at its intersection with the city street and at any subsequent forks in the common driveway for identification by emergency vehicles, C. Lots 4 & 5 shall have house numbers from Kennedy Road and Lots 1, 2, 3, 6, 7, 8 & 9 shall have house numbers from Audubon Road. D. Easements shall be placed on the deeds to the lots granting access to and over the subject parcels, E. An Easement Plan, showing said easements, shall be prepared and recorded, F. Restrictions shall be placed on the deeds to the subject lots: 1. prohibiting any additional vehicular access to said lots from other than the common driveway approved by this Special Permit, 2. stating that said common driveway is a private driveway and is not a City way. The maintenance, operation and repair, reconstruction (including snow plowing and snow /ice removal) is the responsibility and liability of the property owners, 3. stating that said common driveway shall be constructed and maintained with a surface of gravel /trap -rock and shall not be constructed with an impervious cover. G. All municipal utilities to service the lots shall be placed within the common driveway easement and appropriate utility easements shall be placed on the deeds to the subject properties. H. All such deed easements, restrictions and plans must be recorded at the Hampshire County Registry of Deeds and must be submitted to and approved by the Northampton Planning Board prior to their recording and prior to the issuance of any Building Permits. I. Prior to the issuance of a Building Permit /Occupancy Permit, the developer shall submit, to the Planning Board, a certified statement from the project engineer that the driveway was constructed in accordance with the plans approved by this Special Permit. `.. ..✓ i k BORAWSKI FLAG LOT CONDITIONS A. All work shall comply with the plans entitled Crown Hill: a) Special Permit Plan, dated 1- 26 -90; b) Erosion /Sedimentation Control Plan, dated 3/8/90 & 3/18/90; and c) Locus Plan which by reference shall become a part of this Special Permit. B. Because these lots are located within the Watershed Protection Overlay District (the watershed of the Roberts Hill /Leeds Reservoir) the following conditions shall apply: 1. restrictions shall be placed on the Deeds to all of the lots (subject to the approval by the Planning Board prior to recording at the Registry of Deeds) stating that: a. commercial application of pesticides, insecticides, fungacides, biocides and fertilizers is prohibited, b. use of sodium chloride and other de -icers is prohibited, C. no lot may have more than 10,000 square feet of 'manicured' lawn area (that portion to which any pesticides, insecticides, fungacides, biocides and fertilizers are applied), and such lawn area shall be contiguous and surrounding the dwelling. 2. A Conservation Restriction shall be placed on those portions of those lots which fall within the "Resource Areas" and 100 foot buffer, as defined by the Wetlands Protection Act Chapter 131, Sect. 40 M.G.L., of Clark Brook and the brook crossing Lot #4. Should a Conservation Restriction not be approved or accepted by the City Council or Secretary of Environmental Affairs, than a restriction shall be placed on the Deeds to these properties prohibiting any development or site alterations on those portions as described above. 3. Restrictions shall be placed on the Deeds to Parcels 2,3,4 & 5 prohibiting any development or site alterations within those portions of the required lot setbacks which abut the city owned property of the Roberts Hill /Leeds reservoir. 4. The existing dirt "farm /logging" road running across Lots 6, 7, 3 and 5 shall be regraded and rendered (eg. vegetated, installation of water -bars) so that it does not act as a conduit directing storm water run -off from the abutting properties directly into the brook. The at- grade crossing of the brook may be continued but may only be used for pedestrian traffic and motorized vehicles are prohibited. _tyCyhA t J -eto, 5. Condition #4 must be completed prior to beginning of any r.r° construction activities and no Building Permits or Driveway Permits shall be issued until all erosion/ sedimentation control measures required for said permits have been installed. ti.. ../ Northampton Planning Board March 22, 1990 Meeting Page One The Northampton Planning Board met at 7:00 p. m. on Thursday, March 22, 1990 in Council Chambers, Wallace J. Puchalski Municipal Building, Northampton. Present were Chairman J. Beauregard, J. Holeva, M. Mendelson, E. J. Gare III, J. Arnould, N. Duseau, and L. B. Smith, Senior Planner. At 9:50 p. m., the Board turned to the continuation of the Public Hearing on Robert and Ann Borawski's application for Special Permits to allow Flag Lots and Common Driveways on their parcel bordered by Kennedy and Audubon Roads. Rick Klein of Berkshire Design commented, "At the last meeting you asked for an erosion control plan. We submitted it to the DPW and they approved it." Mr. Holeva commented, "I asked if all the homes and septic systems could be kept at least 200' from the stream." Mr. Klein replied, "We have complied with the zoning bylaw, and don't want to create a precedent based on rumor of a law that may be passed. We meet all your requirements, limit mown lawn, and want to keep it as- is. The lot sizes are almost eight acres. It's not fair to make the applicant pay to do more perc tests when he already meets the law." Ch. Beauregard read a letter from the Board of Health dated March 9. Mr. Smith commented, "We need six affirmative votes to pass. Lots #4 and #7 which have houses less than 200' from the brook are not flag lots, aren't in need of a Special Permit. We can't impose Jim's 200' request." There were no opponents. Mr. Smith referred the Board to the conditions offered at the prior meeting. Dr. Arnould moved the Public Hearing be closed. Mrs. Duseau seconded, and the motion passed unanimously. Mrs. Duseau then moved to grant the special Permits to allow the Flag Lots, finding that all the criteria of Section 10.10 were met, and commented, "This is a well - planned, low- density project. Pasture and forest are preserved, the water supply is protected, and it's environmentally sound." She included Mr. Smith's proposed conditions as part of her motion. Mrs. Mendelson seconded, and the motion passed unanimously. Mrs. Duseau then moved to grant the Special Permit for the common driveways, with the conditions prepared by Mr. Smith. Dr. Arnould seconded. Mrs. Duseau addressed the Special Permit criteria, and found particularly that "common driveways cut down on the number of curb cuts, the large flag lots cut down the total number of lots, and the design is environmentally sensitive." The motion passed unanimously. Dr. oseph Beauregard, Chairman '... City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586.6950 • Community and Economic Development • Conservation* Historic Preservation • Planning Boards Zoning Board of Appeals DATE: .,.r CERTIFICATE OF GRANTING OF SPECIAL PERMIT (General Laws, Chapter 40A, Section 11) THE PLANNING BOARD OF THE CITY OF NORTHAMPTON HEREBY CERTIFIES THAT SPECIAL PERMIT HAVE BEEN GRANTED: TO: ROBERT A. AND ANN M. BORAWSKI ADDRESS: 170 AUDUBON ROAD CITY: LEEDS, MA 01053 AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR BUILDINGS AT: PARCELS 1, 16, 17, 18, 19, 20 AND 22, SHEET 10A, LOCATED BETWEEN AUDUBON ROAD AND KENNEDY ROAD. And the said Planning Board further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit, and that copies of said decision, and all plans referred to in the decision, have been filed with the City Clerk. The Planning Board also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no variance or 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 in the Office of the City Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index 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. PLANNING BOARD OF THE CITY OF NORTHAMPTON B C 'r A By: %� Secretary `..rr City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586.6950 • Community and Economic Development • Conservation* Historic Preservation • Planning Board • Zoning Board of Appeals Date: APR 1 3 1 119� 0 .,.01 RE: THE APPLICATIONS OF ROBERT AND ANN BORAWSKI FOR SPECIAL PERMITS TO ALLOW THREE COMMON DRIVEWAYS AND FIVE FLAG LOTS ON A 69.2 ACRE PARCEL BETWEEN AUDUBON ROAD AND KENNEDY ROAD. Pursuant to the Provisions of the General Laws of the Commonwealth of Massachusetts, Chapter 40A, Section 15, notice is hereby given that a decision of the Planning Board of the City of Northampton was filed in the Office of the City Clerk On : APR 1 1980 GRANTING the requested Special Permits For Property Located between Audubon Road and Kennedy Road, Leeds. If you wish to appeal this action, your appeal must be filed in Superior Court within 20 days of the date this decision was filed in the Office of the Northampton City Clerk. r.' J oseph Beaurejaid, Chairman 1.r► City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586.6950 • Community and Economic Development • Conservation* Historic Preservation • Planning Board* Zoning Board of Appeals PUBLIC HEARING NOTICE W000 The Northampton Planning Board will meet at 7:00 p. m. on Thursday, March 8, 1990, in Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, to conduct the following PUBLIC HEARINGS: 8:00 P. M.: With the City Council Ordinance Committee, a JOINT PUBLIC HEARING on the proposal to amend Section 9.3(e) of the Northampton Zoning Ordinance so that Findings for changes in use in pre- existing nonconforming structures in all zones except Residential shall no longer be required. 8:15 P. M., the Application of Robert A. and Ann M. Borawski for Special Permits under the Provisions of Sections 6.12 and 6.13 of the Northampton Zoning Ordinance to allow the division of seven parcels of land at 170 AUDUBON ROAD into nine residential building lots, including five flag lots and three common driveways, all within the Water Supply Protection overlay District. The continuation, from January 25, 1990, of the Public Hearing on the Application of Egerton Development Corporation for approval of the Definitive Subdivision Plan entitled, "FLORENCE PARK," a 20.5 acre tract located on the westerly side of North Elm Street where it intersects with Hatfield Street. Copies of the Applications are available for public inspection during regular business hours in Room 11 of City Hall. /s/ Dr. Joseph Beauregard, Publish: February 22 and March 1, 1990 Bill: Office of Planning and Development, Acct. #71369 Room 11, City Hall, 210 Main Street Northampton, MA 01060 LAWRENCE I JONES CHIEF `%we ag of x Ate$ aim FARE DEPARTMENT HEADQUARTERS OFFICE OF CHIEF 60 MASONIC STREET TaIMAone 584 -7165 l./ TO: Northampton Planning Board FROM: Lawrence J. Jones, Fire Chief AV' DZ 'il August 18, 1994 r'E ' _70 Aadt bon Road, Leeds The Northampton Fire Department recommends that the following be considered when allowing the use of Flag Lots or Corimmon Driveways: IT a flag lot is used so that any structure uuilt on it will be located an appreciable distance from the public road, a substantial roadway capable of supporting heavy firee apparatus should be required. This roadway should be at least 12' wide and may be colprovia, gravel, crushed stone, etc. Our main concern is that it be accessibl'_- during the spring mud Season or ot wet periods. 'f it is necessary to install any culverts, they should be capable of supporting fire apparatus. ? . When one drive a, .'s common to two or more properties, a citable rigs should be posted near the main road and at the cutoff to each property. This sign should include vislble Ltreet 1 i _.. case cf emergency response by the Fire Police or Ambulance Department's. L� vr , l:n1 c041111-1/91 a .��.: I T Paul O. Hadsel Director of Public Works Peter J. McNulty, Sr. ssistant Director of Public Works 413. 586.6950 ext. 270 January 15, 1988 Nancy Duseau, Chairperson Planning Board City Hall Northampton, MA 01060 Ref: "Crow Hill" preliminary subdivision Dear Mrs. Duseau: Our office has received the plans for the above mentioned subdivision. We have the following comments: 1. Plan has not been stamped by a registered professional engineer or a registered land surveyor. 2. Robert Drive and Ann Lane seem to be longer than 1000 feet. 3. Water systems are not looped. In addition our office has the following concerns: I CITY OF NORTHAMPTON, MASSACHUSETTS DEPARTMENT OF PUBLIC WORKS 125 Locust Street Northampton, MA 01060 1. We do not feel that the existing water system in Leeds has the capability of supplying the proposed development with either adequate domestic water supply nor sufficient volume for fire protection without adversely impacting the surrounding area. 2. The D.P.W. cannot take ownership of or responsibility for the proposed pumping station and force main, due to lack of personnel and funds for the operation of the system. 3. Leeds Reservoir, which is part of the City's water supply, abuts the proposed subdivision, therefore every effort should be made to insure that the proposed subdivision does not adversely affect said reservoir. I believe that the waterways within the project are classified "A" and require special care. I would suggest that the developer be required to pay for tests as directed by the Department of Public Works. These tests would determine water quality prior to, during R and after the development in the immediate area. These tests should include color, turbidity, temperature, P.H., B.O.D. and dissolved Oxygen. No discharge of water should be allowed which does not meet standards and special provisions must be made to ensure the continued quality of the brooks feeding Northampton's reservoir. If you have any questions please call me or George Andrikidis at 586 -6950 ext. 274. Yours truly, Paul 0. Hadsel Director of Public Works, City Engineer P.O.H. /G.A. /lmb ' A FORM E NORTHAMPTON, MA January 12, 1987 Date DEPARTMENTAL REVIEW OF SUBDIVISION PLAN To: Board of Health Board of Public Works Fire Department From: Planning Board Building Inspector Conservation Commission Police Department Subject: grow Hill Preliminary Subdivision Plan , dated: 1 -4 -88 (description of plan, date, etc.) 1. The subject named plan herewith attached has been submitted to the Planning Board for approval as a subdivision. For the guidance of the Planning Board will you please note any appropriate comment or approval on the blank below and /or on the plan itself and return to the Planning Board as soon as possible. 2. Under the requirements of Section 81 -U of Chapter 41 of the General Laws the Board of Health must notify the Planning Board within forty -five (45) days (all others thirty (30) days) of the date this notice if the Board of Health is in doubt as to whether any of the land in the subdivision can be used as building sites without injury to the public health. (do not detach) To: Planning Board Date: 1 - 15 -88 Subject: "Crow Hill" Prelim Plan (description of plan, date, etc) 1. The undersigned DISAPPROVES (cross out one) of the subject named subdivision plan insofar as its requirements are affected. 2. The following comments are offered for the guidance of the Planning Board: See attached letter 3. Bond requirement: $ N/A Department Department of � P u blic Works Signed i +w The Berkshire Design Group January 6, 1988 Northampton Office of Planning and Development City Hall 210 Main Street Northampton, Massachusetts 01060 To the Planning Board: .,,0 ..Jlllfr'LLUrC � tiiv "s�sa.i¢t. "t ��2I"157111�, The Berkshire Design Group and C.T. Male Associates, Inc., representing Robert Borawski hereby submit a Preliminary Plan for the Crow Hill development, on a 61.55 acre parcel of land at 170 Audubon Road, Book 2126, page 176 and Book 1531, page 11 of the the Hampshire County Registry of Deeds. We request the following waivers for the subdivision: 1. A waiver from Northampton Subdivision Regulations Section 7:01, paragraph 4.b. An existing 60' wide right of way to the property (Kathleen Drive) is at an angle requiring a curve (270' radius) in order to intersect Audubon Road at a 90 degree angle. 2. A waiver from Northampton Subdivision Regulation Section 7:01, paragraph 5a. We request an additional 80 feet, for a total length of 1080' on Robert Drive. 3. A waiver from Northampton Subdivision Regulation Section 7:01, paragraph 5c and appendix D. We would like to offset the islands of the cul -de -sacs. 4. A waiver from Northampton Subdivision Regulation Section 7:01, paragraph 8d. At the intersection of Kathleen Drive and Audubon Road. 5. A waiver from Northampton Subdivision Regulation Section 7:07 requiring a sidewalk on one side of the street. Please note that all construction will meet the City of Northampton's construction standards. Sincerely, Th Berkshire Design roup ?icha4rM #ein, Partner RMK /lh 4 Allen Place Northampton, Massachusetts 01060 (413) 586 -9541 1 1`l A,( � 1111;1a 111 0-i.m,uc 19806 )O:: h�? - 0944 11�1 FORM B NORTHAMPTON, nnMA Date APPLICATION FOR APPROVAL OF PRELIMINARY PLAN File one completed form with the Planning Board and one copy with the City Clerk in accordance with the requirements of Section 4:01. To the Planning Board: The undersigned herewith submits the accompanying Preliminary Plan of Property located in the City of Northampton for approval as allowed under the Subdivision Control Law and the Rules and Regulations Governing the Subdivision of Land of the Planning Board in the City oG 67 p 1. Applicant Robert A. & Ann M. Borawski i,,�,,tQc,�� Print or type name Signature 170 Aud ubon Road Box 301 Leeds, MA 01053 „ . 11 (413) 584 -32 91 Address 2. Owner same as above Print or type name Signature Phone same as #1 above (413) 584 -32 Address Phone ndsca Architect Richard M. Klein, Partner 3. E The Berkshire Design Group Print or type name Signatu /I, 4 A11en Place. Nort /11411) SRA -c154 Address n 'nee C.T. Male Associates, Inc. 4. Surveyor p O Box 1555, Greenfield,_ MA 013 Print or type name Si nature S. Deed of property recorded in 11 r ount y Registry, Book 2126 Page 176 6. Location and Description of Property: 170 Audubon Road, Northampton, MA 61.55+ acres - partially wooded see attached preliminary plan Date of Submission City Clerk ' - - -- Signature____ CITY OF NORTHAMPTC ZONING PERMIT APPLICASw. Zoning Ordinance Section 10.2 Owner Rc;bert A. & Ann M. Borawski Address 170 Audubon Rd., Leeds, MA 01053 Telephone (413) 584 -3291 This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations: (Z.O. ARTICLE VI) Zoning District Use- Lot Area Front Width Depth Setbacks Max. Bid. Cover Min. Op. Space Front Side Rear Past RR Existing Arrid. 69.2 A - - - - -- - - - - - -- - - - - -- - -see pl - - - - -- - - - - - - -% - - - - -- Present RR Proposed Resid. 69.2 A F - - -- - - - - - -- - - - - - -- - -see pl - - - -- - Mark the appropriate box to indicate the use of the parcel: ❑ Non - Conforming Lot and /or Structure. Specify Watershed Protection District Overlay: (Z.O. Sect. XIV)yJ;TEg SUPPLY PROT. DIST. O Yes 0 No Parking Space Requirements: (Z.O. Sect. 8.1) Required 2 Proposed 2 Loading Space Requirements: (Z.O. Sect. 8.2) Required U Proposed Signs: (Z.O. Art. Vii) KI Yes O No Environmental Performance Standards: (Z.O. Art. XI 1) O Yes ER No • Residential OSingle Family Unit ❑Multi - Family O Duplex O Other • Business • Individual • Institutional 91 Subdivision O Regular O P.U.D. O Cluster IN Other Fig Lat ❑ Subdivision with "Approval- Not - Required " - Stamp: ❑ Planning Board Approval: W Zoning Board Approval (Special Permit 10.9: Variance) ❑ City Council (Special Exception S. 10.10) _ �x Map No. 10 Q Lot la' 4e0 File No. Q Plan File 9j1jSP.�CTI %Cbert A. & Ann M. Borawski Address 170 Audubon Rd., Leeds, MA 01053 Telephone (413) 584 -3291 _ Plot Plan (S.10.2) O Yes 50 No Site Plan [ Yes O No (S. 10.2 and 10.11 Waiver Granted: Date O This section for OFFICIAL use only: ❑ Approval as presented: Q Modifications necessary for approval: ❑ Return: (More information needed) Denial: Reasons: ?7:�13A I.3(�a Signature of Applicant Date Sign ture of Admin. Officer Date P IN Oil Do Not Write In These Spaces Rec'd B I Checked Filed Fee Pd M Application Number: . 10 ,° Rec'd. ZBA Map(s) Parcels) By Date r Date Date Amt. Q p Date ey Date t, 1(0 . I 16 qO t. - !, 1.90 tai A: I A . Zo .ZZ APPLICATION IS HEREBY MADE TO THE CITY OF NORTHAM PTO. �- n ,� Name of Applicant Robert A. & Ann M. Borawski Address 170 Audubon Road, Leeds, MA 01053 2. Owner of Property Robert A. & Ann M. Borawski Address 170 Audubon Road, Leeds, MA 010 3. Applicant is: [9 Owner; ❑Contract Purchaser; []Lessee; ❑Tenant in Possession. 4. Application is made for: ❑ VARIANCE from the provisions of Section page of the Zoning Ordinance of the City of Northampton. c IZ @. U -11 W- :F�7SPECIAL PERMIT under the provisions of Sectio P=1Qn>zQ= page - i9z1 -- of the Zoning Ordinance of the City of Northampton. (,e'•173 Pj• (x-11 C�� ❑OTHER: 5. Location of Property 170 Audubon Rd., Leeds , Ma. 01053 , being situated on the of Audubon Road - #feet, and shown on the Assessors' Maps, Sheet No. 10 -A Parcel (s) 1, 16, 17,18,19, 20, 22 6. Zone RR, Water Supply Protection Overlay District 7. Description of proposed work and/or use; Residential subdivision into 9 lots, 5 of which are flact lots & 3 common driveways Work involves minor clearing, some re- arading installation of necessary u.ili.ieG as nnted on ,Plane_ Erosion control methods will be imnlo;ed pri & during rnnetrticfion to protect all wetland & agvifer resource areas 8. (a) Sketch plan attached; ❑Yes LXNo (b) Site plan: MAttched ❑Not Required 9. Set forth reasons upon which application is based: Northampton Zonincr Ordinance, Section 6.1 - Flag Lots, SFCtion 6.13 Appendix A. This Residential Subdivision with 1o.s(.5 of which are flag lots) will not impact the site and wetlands as much as the Preliminary Plan for 38 1_ntG nrigional1y submitted fnr this parr nn 1 -4 10. Abutters (see instructions; list on reverse side of form). 12. 1 hereby certify that information contained herein is true t ot h t f my knowle ge. Date l' Z1.60 - 90 A pplicant's Signature 11. List of Abutters: 1. John H. & El 2 James & S Address bath N"Tretmold 231 Audubon Rd.,L D. Brazeau, 219 Audubon Rd., Leeds Assessor's Map Sheet No. Parcel 1.- 5 4 7 William & Leslie Lashway, 179 Audubon Rd., Leeds 5 45 3 8 Jeffrey & Diana Gordon, 311 Kennedy Rd., Leeds 8 4 C & C Contractor's Inc., Audubon Rd., Leeds 5 46 20 10C 2 10. Franklin & Mary Faivre, 151 Audubon Rd., Leeds 5 47 5 11. Peter DeRose, 64 Kennedy Rd ( mailing: 28 Prospect Ave., Nthpt 6 Annie Chappell, 150 Audubon Rd., Leeds 10B 1 7 City of Northampton (Water Dept.), Reservoir Road, Leeds 5 10C 6 8 Jeffrey & Diana Gordon, 311 Kennedy Rd., Leeds 8 10C 5 9 Norman & Carol Gougeon, 401 Kennedy Rd. Leeds 20 10C 2 10. Fdgar & Rebecca Lindsey, 481 Kennedy Road., Leeds 10A 15 11. Peter DeRose, 64 Kennedy Rd ( mailing: 28 Prospect Ave., Nthpt ) 14 6 12. Berkshire Electric Co., Inc., Kennedy Rd., Leeds 9 3 13. Garson & Robin Fields, (dba Audubon Partners) 410 Kennedy Rd. 9 10 14. Murtha S Gervais, Kennedy Rd.( Mailing: 567 Kennedy Rd., Leeds 10A 21 15 Martha S Gervais, Kennedy Rd.(Mailing: 567 Kennedy Rd., Leeds 5 54 16. Richard & Geraldine Nicoli, 378 Audubon Rd., Leeds 5 .27 17 William & Elizabeth Swift, 228 Audubon Rd., Leeds 5 26 1 8 . Walter & Elaine Southard, 222 Audubon Rd., Leeds 10A 8 19 Lee M Whitney, 214 Audubon Rd., Leeds 10A 13 20 Robert Brandt & Joan Swerdlow- Brandt, 200 Audubon Rd., Leeds 10A 7 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. (Attach addltlonal sheets, if necessary) P D INT P M Northampton February 11, Page Seven Planning Board 1988 to the DPW rrrVTstigate. Mr. Herlihy seconds, and the Motion passe.. (Z (Jas nski), and VCh. Mendelson asked Mr. Smith to c a rec�ues iHU assistance. PRELIMINARY SUBDIVISION PLANS (9:40 p. m.) CROW HILL: Mr. Richard Klein of Berkshire Design Group appeared for Mr. Robert Borawski, the owner of this tract of 61.5 acres bounded by Audubon and Kennedy Roads, and abutting the reservoir. It is currently a sheep farm, and the plan is a Subdivision of 38 lots ranging in size from roughly 40- 90,000 SF. The problems are: few entrance possibilities into this parcel, wetlands within the parcel, proximity to the reservoir, and the fact that most lots won't perc. Mr. Klein feels the design presented is the best compromise of minimum detriment to the environment and maximum return to the developer. Mr. Klein says his client's instructions were to submit a plan in congruence with the present Zoning Ordinance on Subdivisions, and is not going to consider Prof. Motts' 80,000 SF suggestion. VCh. Mendelson reads a letter dated January 15, 1988 from Paul O. Hadsel, Director of Public Works, to the Chair of the Planning Board, offering a number of comments. (It is inserted here as a part of the record.) Mr. Klein states he has not seen the letter, and is given a copy. At this point, Mr. Herlihy asked to withdraw because he lives on Audubon Road. Mr. Smith suggested he not participate, and abstain from voting, but remain to keep a Quorum. Mr. Klein states that the property is currently a sheep farm, and suggests that houses on a sewer system are less harmful to a reservoir than a sheep farm. Mr. Borawski agreed that there is less pollution from houses than from animals. Dr. Beauregard took exception to this logic, stating that animal bacteria don't generally affect humans, but human coliforms, etc. certainly do. Mr. Klein thinks it is unreasonable for the Applicant to be expected to pay for the extensive tests asked for on Page Two of the DPW letter. Mr. Andrikidis suggests this point may be moot for two reasons: 1) The project as presented will not get DPW approval, since it involves an on -site sewage pumping station that the City will. not take over, nor will the City allow a private entity to maintain it, and 2) until the Applicant determines that he has adequate water pressure for firefighting, he doesn't have a Subdivision. He suggests the Applicant take V Northampton February 11, Page Nine Planning Board 1988 -"soe steps to answer that question. Mr. Jasinski stressed, "We are not against development." Mr. Klein responded, "Financially, this presentation is the only one that makes sense." Mr. Smith reminded the Board that it must approve or disapprove the Preliminary Subdivision Plan tonight, so we must give some guidelines to Mr. Borawski. Mr. Andrikidis states that the Waiver Requests in the Berkshire Design Group letter of January 6, 1988 would not be approved. Dr. Beauregard moved we disapprove the submitted plan based upon the DPW's first three points in the January 15th letter, and suggest that the Applicant seriously address the second three points. Mr. Jasinski seconded, and the Motion passed unanimously with Mr. Herlihy abstaining. DS; (10:25 p. M. ) Mr. Jaslns 1 Se he has a financial interest in this subdivision ut returned to maintain the Quorum, but did not participate f* vote. Mr. Andrikidis reported that the developer has a essed and resolved every concern previously expressed by the_ -DPW, and based on that information, Mr. Herlihy moved we acc 5pt the Preliminary Subdivision Plan as presented. The vote is �unanimous (4 -0, with Mr. Jasinski abstaining). � r The last agenda item was a vote to`�accept the modified By -Laws and Rules of Procedure of the Planning Board. (The modifications were the addition of a paragraph covering site inspections, and the substitution of the word "Chair" in every case where "Chairman" had been used.,,'' Dr. Beauregard moved we accept the new By -Laws, Mr. Her�ihy seconded, and the motion passed unanimously, I Under "New Businegs," Mr. Smith announced that the developer had "walked away" ,.From the Indian Hill project, and the DPW would have to coW`1ete it. Mr. Andrikidis said the development is "falling apart." There is $20,000 left on the Letter of Credit, and someone wondered out loud if that was enough. X The Meeting adjourned at 10:45 p. m. Northampton Planning Board March 8, 1990 Meeting Page Five ..r Residential zones. There were no proponents or opponents. Mr. Gare moved to close the Public Hearing. Mrs. Duseau seconded, and the motion passed unanimously. Mr. Gare moved that the change be endorsed. Mr. Holeva seconded, and the motion passed unanimously. At 9:00 the Board turned to the PUBLIC HEARING ON THE APPLICATION OF ROBERT AND ANN BORAWSKI FOR A SPECIAL PERMIT TO ALLOW FLAG LOTS AND COMMON DRIVEWAYS in a group of parcels on Audubon Road. Representing the Applicants was Rick Klein of Berkshire Design Group. He reviewed the history by remarking that "In January, 1989, Borawski submitted a preliminary plan called, 'Crow Hill.' We now have a nine -lot plan with flag lots, and need Special Permits under sections 6.12 and 6.13. This is ecologically - minded. It protects the open space and the aquifer. There will be on -site sewer and water, with minimal disturbance to the parcel." Ch. Beauregard read a Feb. 12 letter from the DPW. Mr. Klein responded to the letter by saying his client is willing to comply, and has a sedimentation control plan. There were no proponents, and when the Chair called for opponents, the following people rose to speak: Annie Chapella(sp ?), Audubon Road asked, "What are you doing to protect the aquifer ?" Mr. Klein replied, "There are only nine lots, the wetlands aren't impacted. We will limit mown lawn size and prohibit Chemlawn. The driveways will be gravel. Chances of contaminating the aquifer are slim. There will be 12 acres of pasture, unmown open space." Mr. Smith explained the flag lot ordinance and the theory behind it. He said, "If the frontage is on Kennedy, and the house is nearer to Audubon, access should be from Audubon with an Audubon street address." Mr. Andrikidis suggested that the farm logging road be eliminated, and not used during construction. "That should be a condition." Mr. Holeva asked, "How close is the closest house to the brook ?" and was told by Mr. Smith, 11 175' away." Mr. Holeva said he would like to see houses and septic systems at least 200' from the brook. Mr. Smith added, "I'd like to continue the Public Hearing so the DPW can look at the erosion control plan and comment." Mrs. Hale moved to continue to March 22, and Mrs. Mendelson seconded. Mr. Holeva felt Lots #3 and 7 have a problem with being too close to the brook. The motion passed unani mously_ —__ At 9:35 the Board turned to a review of the Site Plan for the Donna Dwyer accessory apartment which was reviewed at the last Board meeting. Ch. Beauregard went through all the Sec n 10.11 criteria; the Board found them all to be fully met or properly waived, and on Mr. Holeva's motion and Mrs. Duseau's second, the vote was 6- 1(Gare) to recommend approval to the ZBA. At 9:45 the Board began the continuation of the PUBLIC HEARING ON w R Northampton Planning Board March 22, 1990 Meeting Page Six Mr. Gare then moved that "Josef Is motion be brought up again." He so moved, and Mr. Holeva seconded. Dr. Arnould commented, "The rationale behind my motion is to produce as safe a situation as possible. If the 12 area pump is put in, we'll get the best service available for Country Way and Rustlewood Ridge. This is the best compromise." Ch. Beauregard commented, "I agree with you. If the #2 booster is moved, and the whole area's water supply is improved, I'd go along with that. We should not endanger the lives of the people already there. We can require that they have adequate water, and #2 is the way to do it." The vote on Mr. Gare's restatement of Dr. Arnould's motion was 5- 1(Duseau). Ch. Beauregard and Mrs. Mendelson commented, aside, that they "voted under duress." At 9:35 p. m., the Joint Public Hearing to amend the zoning map, scheduled for 8:00 p. m., was convened. However, Messrs. FitzGerald and Ames of the City Council Ordinance Committee had left, and it was determined that Mr. Morrison was not present due to illness. The Planning Board portion of the hearing was then conducted, with Mr. Smith explaining what was involved. He pointed out that some of our water resources, (wells, Roberts Reservoir) are within the city limits and are protected, but the Mountain Street Reservoir and the Ryan Reservoir are out of town and not fully protected. "We want Hatfield to adopt a water protection district to protect our reservoir, and we will adopt a Water Supply Protection Overlay District to protect the Cooke's Pasture area which is in the watershed district for Hatfield's Running Gutter Brook well. It's a quid pro quo - -we protect theirs, they protect ours." Coun. Kirby, sponsor of the change, asked Mr. Smith to explain "what the proposed district does," and was told that it prohibits industrial uses, prohibits underground tanks, and requires 80,000 square foot lots. The Chair called for proponents, and the following people spoke: Nancy Hardin President of the Broad Brook Coalition, said, "We support this measure." Mike Kirby said, "I strongly support this." Peter Frothingham said, "I strongly support this. Regional cooperation is important." Jon Roche added, "I'm in favor." James Brooks said, "I also support this." There were no opponents. Mr. Gare moved to close the Public Hearing, Mrs. Duseau seconded, and the motion passed unanimously. Mrs. Duseau moved that the change be favorably recommended to the City Council. Dr. Arnould seconded, and the motion passed unani mously. - -- At 9:50 p. m., the Board turned to the continuation of the Public Hearing on Robert and Ann Borawski's application for Special Permits to allow Flag Lots and Common Driveways on their parcel bordered by Kennedy and Audubon Roads. Rick Klein of Berkshire Design commented, "At the last meeting you asked for an erosion control plan. We submitted it to the DPW and they approved it." Mr. Holeva commented, "I asked if all the homes and septic systems ` '44NO' "me Northampton Planning Board March 22, 1990 Meeting Page Seven could be kept at least 200' from the stream." Mr. Klein replied, "We have complied with the zoning bylaw, and don't want to create a precedent based on rumor of a law that may be passed. We meet all your requirements, limit mown lawn, and want to keep it as- is. The lot sizes are almost eight acres. It's not fair to make the applicant pay to do more perc tests when he already meets the law." Ch. Beauregard read a letter from the Board of Health dated March 9. Mr. Smith commented, "We need six affirmative votes to pass. Lots 14 and #7 which have houses less than 200' from the brook are not flag lots, aren't in need of a Special Permit. We can't impose Jim's 200' request." There were no opponents. Mr. Smith referred the Board to the conditions offered 'at the prior meeting. Dr. Arnould moved the Public Hearing be closed. Mrs. Duseau seconded, and the motion passed unanimously. Mrs. Duseau then moved to grant the Special Permits to allow the Flag Lots, finding that all the criteria of Section 10.10 were met, and commented, "This is a well - planned, low- density project. Pasture and forest are preserved, the water supply is protected, and it's environmentally sound." She included Mr. Smith's proposed conditions as part of her motion. Mrs. Mendelson seconded, and the motion passed unanimously. Mrs. Duseau then moved to grant the Special Permit for the common driveways, with the conditions prepared by Mr. Smith. Dr. Arnould seconded. Mrs. Duseau addressed the Special Permit criteria, and found particularly that "common driveways cut down on the number of curb cuts, the large flag lots cut down the total number of lots, and the design is environmentally sensitive." The motion passed unanimously. "i. v..ava wil-aii muveu LaaL zne rlanning boara write rm Council and ask that funds be appropriated to purchase parcels adjoining the Roberts Reservoir, and to amend the zoning ordinance to prohibit the location of homes and /or septic systems within 200' of a feeder brook. Mr. Gare seconded, and the motion passed unanimously. At 10:20 p. m., there was a presentation of the "Report of the Aquifer /Watershed Planning Committee." Mr. Holeva made a motion that the Board accept the report. Mr. Gare seconded. Mr. Holeva highlighted the salient points. His motion passed unanimously. Wayne Feiden, the Conservation Planner, went into the recommended changes in Article XVI of the zoning ordinance, particularly section 16.5 and 16.9. Mr. Smith suggested that Section 16.4(i) be more limiting, and that 16.9(c) be added to accomplish Mr. Holeva's objective of preventing building within 200' of a brook. Coun. Brooks agreed to sponsor the zoning changes. At 10:30 p. m., the proposed changes in the Subdivision Rules and Regulations were examined. The changes are: 1) "Alternative The Berkshire Design Group, Inc. November 22, 2000 Northampton Conservation Commission City Hall 210 Main Street Northampton, MA 01060 RE: Robert F. Borawski Residence Kennedy Road, Leeds DEP File # 246 -371 Dear Commission Members: On behalf of Robert F. Borawski, applicant for parcel #18, map #10, this office hereby requests the issuance of a Certificate of Compliance for the above referenced project. Work on the site has been completed in accordance with the Order of Conditions, except for minor modifications to the pool area layout in the immediate vicinity of the house as indicated on the attached plan. If you have any questions, please contact me. Sincerely, The Berkshire Design Group, Inc. l,cirtcLsc'uhc� � 1 rc'hrtc��'tlat�e CI Erigittccrilr," plelmIU2_- ��Jl 1 1'purr i.)e.5i,ztrt Mark B. Darnold, P.E.`�_ Principal encl. c: Robert F. Borawski, 88 King Street, Northampton, MA 4 Allen Place Northampton, Massachusetts 01060 0 Telephone (413) 582 -7000 Facsimile (413) 582 -7005 N Tract 3 That certain tract or parcel of land situated on the Easterly side of Kennedy Road in Northampton, County of Hampshire, Massachusetts, shown as Lot 3 on a plan entitled "Compiled Plan of Land in Northampton (Hampshire County) MA, prepared for Robert A. Borawski," dated August 22, 1990, C.T. Male Associates, P.C., and recorded in the Hampshire County Registry of Deeds in Plan Book 170, Page 88, to which reference may be had for a more particular description, more particularly bounded and described as follows: Commencing at a point on the Easterly side of Kennedy Road in said Northampton at the Northwest corner of Lot 5 and the Southwest corner of Lot 3 shown; thence running N. 01° 48 36" W. along the Easterly side of Kennedy Road a distance 50.43 feet to a point at Lot 6; thence turning and running N. 80 42' 12" E. a distance of 525.00 feet to a point; thence turning and running N. 58 26' 47" E. a distance of 491.38 feet to a point; thence turning and running S. 86 05' 57" E. a distance of 1165.94 feet to a point at Lot 2 (the last three courses and distances being along Lot 6); thence turning and running S. 35 ill 44" W. along Lot 2 a distance 472.05 feet to a point at land now or formerly of City of Northampton (Water Dept.); thence turning and running N. 82 19' 05" W. along said land now or formerly of City of Northampton (Water Dept.) a distance of 509.52 feet to the center line of Clark Brook; thence turning and running in a generally Northwesterly direction along the center line of Clark Brook a distance of 430 feet, more or less, to a point; thence turning and running N. 86 05' 57" W. a distance of 215.59 feet to a point; thence turning and running S. 58 26' 47" W. a distance of 485.24 feet to a point; thence turning and running S. 80 42' 12 W. a distance of 541.41 feet to the point of beginning (the last four courses and distances being along Lot 5) . 5 Containing 7.724 acres, more or less, as shown on the aforementioned plan which shall be controlling for all purposes. SUBJECT to and TOGETHER with the following rights and obligations regarding these portions of Lot 2 which are designated as Easements "A and B" as shown on the aforementioned plan, recorded in the Hampshire County Registry of Deeds Plan Book ^C, Page ^C. The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easements. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement A Lot 2 - - -- 33 -1/3% Lot 3 - - -- 33 -1/3% Lot 6 - - -- 33 -1/30 Easement B Lot 2 - - -- 50% Lot 3 - - -- 50% Maintenance and upkeep shall include the following: a. Cost of snow removal, plowing, and sanding. b. Grading, regrading, patching and filling as necessary to maintain the Easements for the safe passage of ordinary passenger cars and trucks. C. Such other maintenance as the owners of the aforesaid lots shall agree upon. Said cost of maintenance shall be a lien against each of the aforesaid lots being served by the Easements, and shall be the obligation of each of the owners of the aforementioned lots. Said Easements shall be used solely for the purpose of ingress and egress from each of the aforementioned lots, by vehicle and on foot. No parking or storing of automobiles or any other materials thereon shall be allowed. Evidence of payment of the aforesaid costs shall be conclusively proven by a writing recorded in the Hampshire County Registry of Deeds, signed by a majority of the owners of the aforementioned lots, or their designee. Each owner of a lot is obligated, upon 10 days written notice, to execute a document indicating the status of payments regarding any lot. 9 For grantors title, see the deed recorded in the Hampshire County Registry of Deeds as follows: Book 2126, Book 1531, Book 1799, Book 1799, Book 1799, Book 1799, Book 1799, Page Page Page Page Page Page Page 176; 11; 83; 87; 91; 85; and 89. VA Tract 1 That certain tract or parcel of land situated on the Southerly side of Audubon Road in Northampton, County of Hampshire, Massachusetts, shown as Lot 1 on a plan entitled "Compiled Plan of Land in Northampton (Hampshire County) MA, prepared for Robert A. Borawski," dated August 22, 1990, C.T. Male Associates, P.C., and recorded in the Hampshire County Registry of Deeds in Plan Book 170, Page 88, to which reference may be had for a more particular description, more particularly bounded and described as follows: Commencing at an iron pin at the Northeast corner of the demised property and at the Northwest corner of land now or formerly of Anne Chappell; thence running S. 00 35' 00" E. along said land now or formerly of Anne Chappell a distance of 834.05 feet to a point at the Northeast corner of Lot 2; thence turning and running N. 74 17' 04" W. a distance of 356.32 feet to a point; thence turning and running N. 00 35' 00" W. a distance of 338.89 feet to a point; thence turning and running N. 37 11' 58" E. a distance of 141.43 feet to a point; thence turning and running N. 02 53' 16" E. a distance of 238.77 feet to a point at the Southerly side of said Audubon Road (the last four courses and distances being along Lot 2); thence turning and running N. 78 49' 23" E. a distance of 245.07 feet along said Southerly side of Audubon Road to the iron pin set at the place of beginning. Containing 5.302 acres as shown on the aforementioned plan which shall be controlling for all purposes. For grantors title, see the deed recorded in the Hampshire County Registry of Deeds as follows: Book 2126, Book 1531, Book 1799, Book 1799, Book 1799, Book 1799, Book 1799, Page Page Page Page Page Page Page 176; 11; 83; 87; 91; 85; and 89. 1 K N 0 W A L L M E N B Y T H E S E P R E S E N T S That We, ROBERT A. BORAWSKI and ANN M. BORAWSKI, husband and wife, both of 170 Audubon Road, Leeds, County of Hampshire, Massachusetts for consideration paid, (there is no monetary consideration for this conveyance), grant to ROBERT A. BORAWSKI and ANN M. BORAWSKI, of 170 Audubon Road, Leeds, County of Hampshire, Massachusetts, husband and wife, and to the survivor of them as tenants by the entirety, and to hold as a homestead under Massachusetts General Laws, Chapter 188, Section 1, with WARRANTY COVENANTS, the land at Tract 1, Massachusetts, as described on the exhibit attached hereto and made a part hereof. Executed as a sealed instrument this day of , 1992. ROBERT A. BORAWSKI ANN M. BORAWSKI THE COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. , 1992 Then personally appeared the above named ROBERT A. BORAWSKI and ANN M. BORAWSKI, and acknowledged the foregoing instrument to be THEIR free act and deed. Before me Notary Public: My Commission Expires: hs \borawsk6.dee a K N O W A L L M E N B Y T H E S E P R E S E N T S That We, ROBERT A. BORAWSRI and ANN M. BORANSRI, husband and wife, both of 170 Audubon Road, Leeds, County of Hampshire, Massachusetts for consideration paid, (there is no monetary consideration for this conveyance), grant to THOMAS E. BORANSRI, of 211 Elm Street, Northampton, County of Hampshire, Massachusetts, with WARRANTY COVENANTS, Tract 3, Audubon Road, Leeds, Northampton, Massachusetts, as described on the exhibit attached hereto and made a part hereof. Executed as a sealed instrument this day of , 1992. ROBERT A. BORANSRI ANN M. BORAWSRI THE COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. , 1992 Then personally appeared the above named ROBERT A. BORANSRI and ANN M. BORANSRI, and acknowledged the foregoing instrument to be THEIR free act and deed. hs \borawsk4.dee Before me Notary Public: My Commission Expires: t K N O W A L L M E N B Y T H E S E P R E S E N T S That We, ROBERT A. BORAWSRI and ANN M. BORAWSRI, husband and wife, both of 170 Audubon Road, Leeds, Northampton, County of Hampshire, Massachusetts for consideration paid, (there is no monetary consideration for this conveyance), grant to ROBERT F. BORAWSRI, of 15 Oak Street, County of Hampshire, Massachusetts, with WARRANTY COVENANTS, Tract 4, Audubon Road, Leeds, Northampton, Massachusetts, as described on the exhibit attached hereto and made a part hereof. Executed as a sealed instrument this day of , 1992. ROBERT A. BORAWSRI ANN M.. BORAWSRI THE COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. , 1992 Then personally appeared the above named ROBERT A. BORAWSRI and ANN M. BORAWSRI, and acknowledged the foregoing instrument to be THEIR free act and deed. hs\borawsk3.dee Before me Notary Public: My Commission Expires: Tract 4 That certain tract or parcel of land situated on the Easterly side of Kennedy Road in Northampton, County of Hampshire, Massachusetts, shown as Lot 4 on a plan entitled "Compiled Plan of Land in Northampton (Hampshire County) MA, prepared for Robert A. Borawski," dated August 22, 1990, C.T. Male Associates, P.C., and recorded in the Hampshire County Registry of Deeds in Plan Book 170, Page 88, to which reference may be ad for a more particular description, more particularly bounded and described as follows: Commencing at a point at the Southwest corner of the demised property and at the Northwest corner of land now or formerly of Norman E. & Carol A. Gougeon; thence running N. 11 50' 00" E. a distance of 99.98 feet to a point; thence turning and running N. 01 48' 36" W. a distance of 269.60 feet to a point at the center line of a brook (the last two courses and distances being on the Easterly side of said Kennedy Road); thence running in a generally Easterly direction along the center line of a brook a distance of 705 feet, more or less, to a point; thence turning and running N. 44 27' 06 E. a distance of 240.20 feet to a point; thence turning and running N. 83 24' 18" E. a distance of 360.00 feet to a point (the last three courses and distances being along Lot 5); thence turning and running S. 31 48' 12" W. along land now or formerly of City of Northampton (Water Dept.) a distance of 522.21 feet to a point; thence turning and running S. 80 59' 14" W. along land now or formerly of Jeffrey D. & Diana M. Gordon a distance of 649.32 feet to a point; thence turning and running S. 82 06' 15" W. along land now or formerly of Norman E. & Carol A. Gougeon a distance of 259.00 feet to the point of beginning. Containing 7.794 acres, more or less, as shown on the aforementioned plan which shall be controlling for all purposes. SUBJECT to and TOGETHER with the following rights and obligations regarding that portion of Lot 5 which is designated as Easement "F" as shown on the aforementioned plan, recorded in the Hampshire County Registry of Deeds Plan Book ^C, Page ^C. E3 e The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easement. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement F Lot 4 - - -- 50% Lot 5 - - -- 50% Maintenance and upkeep shall include the following: a. Cost of snow removal, plowing, and sanding. b. Grading, regrading, patching and filling as necessary to maintain the Easement for the safe passage of ordinary passenger cars and trucks. C. Such other maintenance as the owners of the aforesaid lots shall agree upon. Said cost of maintenance shall be a lien against each of the aforesaid lots being served by the Easement, and shall be the obligation of each of the owners of the aforementioned lots. Said Easement shall be used solely for the purpose of ingress and egress from each of the aforementioned lots, by vehicle and on foot. No parking or storing of automobiles or any other materials thereon shall be allowed. Evidence of payment of the aforesaid costs shall be conclusively proven by a writing recorded in the Hampshire County Registry of Deeds, signed by a majority of the owners of the aforementioned lots, or their designee. Each owner of a lot is obligated, upon 10 days written notice, to execute a document indicating the status of payments regarding any lot. For grantors title, see the deed recorded in the Hampshire County Registry of Deeds as follows: Book 2126, Book 1531, Book 1799, Book 1799, Book 1799, Book 1799, Book 1799, Page Page Page Page Page Page Page 176; 11; 83; 87; 91; 85; and 89. 9 K N O W A L L M E N B Y T H E S E P R E S E N T S That We, ROBERT A. BORAWSRI and ANN M. BORAWSRI, husband and wife, both of 170 Audubon Road, Leeds, County of Hampshire, Massachusetts for consideration paid, (there is no monetary consideration for this conveyance), grant to ROBERT A. BORAWSRI, of 170 Audubon Road, Leeds, County of Hampshire, Massachusetts, with WARRANTY COVENANTS, Tract 6 and Tract 9, Audubon Road, Leeds, Northampton, Massachusetts, as described on the exhibit attached hereto and made a part hereof. Executed as a sealed instrument this day of , 1992. ROBERT A. BORAWSRI ANN M. BORAWSRI THE COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. , 1992 Then personally appeared the above named ROBERT A. BORAWSRI and ANN M. BORAWSRI, and acknowledged the foregoing instrument to be THEIR free act and deed. Before me Notary Public: My Commission Expires: hs\borawskl.dee 4 Tract 6 That certain tract or parcel of land situated on the Easterly side of Kennedy Road in Northampton, County of Hampshire, Massachusetts, shown as Lot 6 on a plan entitled "Compiled Plan of Land in Northampton (Hampshire County) MA, prepared for Robert A. Borawski," dated August 22, 1990, C.T. Male Associates, P.C., and recorded in the Hampshire County Registry of Deeds in Plan Book 170, Page 88, to which reference may be had for a more particular description, more particularly bounded and described as follows: Commencing at a point on the Easterly side of Kennedy Road in said Northampton at a point at the Northwest corner of Lot 3 and the Southwest corner of the demised premises shown as Lot 6; thence running N. 01 48' 36" W. a distance of 50.43 feet along the Easterly side of Kennedy Road to a point at Lot 7; thence turning and running N. 80 42' 12" E. a distance of 508.59 feet to a point; thence turning and running N. 58 26' 47 E. a distance of 497.53 feet to a point; thence turning and running S. 86 05' 57" E. a distance of 520.00 feet to a point; thence turning and running N. 06 33' 41" E. a distance of 343.17 feet to a point (the last four courses and distances being along Lot 7); thence turning and running S. 80 42' 34" E. a distance of 350.00 feet to a point; thence turning and running N. 44 50' 38" E. a distance of 189.88 feet to an iron rod (the last two courses and distances being along Lot 8); thence turning and running S. 88 34' 24 E. a distance of 223.37 feet along land now or formerly of Robert Brandt & Joan Swerdlow- Brandt to an iron rod; thence turning and running S. 02 53' 16" W. a distance of 38.48 feet to a point; thence turning and running S. 37 11' 58 W. a distance of 143.11 feet to a point; thence turning and running IWA S. 00 35' 00" E. a distance of 356.00 feet to a point (the last three courses and distances being along Lot 2); thence turning and running N. 86 05' 57" W. a distance of 1165.94 feet to a point; thence turning and running S. 58 26' 47 W. a distance of 491.38 feet to a point; thence turning and running S. 80 42' 12" W. a distance of 525.00 feet to the point of beginning (the last three courses and distances being along Lot 3) . Containing 8.050 acres as shown on the aforementioned plan which shall be controlling for all purposes. SUBJECT to and TOGETHER with the following rights and obligations regarding that portion of Lot 2 which is designated as Easement " A " as shown on the aforementioned plan, recorded in the Hampshire County Registry of Deeds Plan Book ^C, Page ^C. The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easement. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement A Lot 2 - - -- 33 -1/3% Lot 3 - - -- 33 -1/3% Lot 6 - - -- 33 -1/3% Maintenance and upkeep shall include the following: a. Cost of snow removal, plowing, and sanding. b. Grading, regrading, patching and filling as necessary to maintain the Easement for the safe passage of ordinary passenger cars and trucks. C. Such other maintenance as the owners of the aforesaid lots shall agree upon. Said cost of maintenance shall be a lien against each of the aforesaid lots being served by the Easement, and shall be the obligation of each of the owners of the aforementioned lots. Said Easement shall be used solely for the purpose of ingress and egress from each of the aforementioned lots, by vehicle and on foot. No parking or storing of automobiles or any other materials thereon shall be allowed. 13 Evidence of payment of the aforesaid costs shall be conclusively proven by a writing recorded in the Hampshire County Registry of Deeds, signed by a majority of the owners of the aforementioned lots, or their designee. Each owner of a lot is obligated, upon 10 days written notice, to execute a document indicating the status of payments regarding any lot. For grantors title, see the deed recorded in the Hampshire County Re istry of Deeds as follows: g Book 2126, Book 1531, Book 1799, Book 1799, Book 1799, Book 1799, Book 1799, Page Page Page Page Page Page Page 176; 11; 83; 87; 91; 85; and 89. 14 Tract 9 That certain tract or parcel of land situated on the Easterly side of Kennedy Road in Northampton, County of Hampshire, Massachusetts, shown as Lot 9 on a plan entitled "Compiled Plan of Land in Northampton (Hampshire County) MA, prepared for Robert A. Borawski," dated August 22, 1990, C.T. Male Associates, P.C., and recorded in the Hampshire County Registry of Deeds in Plan Book 170, Page 88, to which reference may be had for a more particular description, more particularly bounded and described as follows: Commencing at a point on the Easterly side of Kennedy Road at the Southwest corner of land now or formerly of Edgar E. & Rebecca C. Lindsey; thence running N. 80 42' 12" E. a distance of 409.52 feet to a point; thence turning and running N. 10 34' 38" W. a distance of 300.48 feet to land now or formerly of Martha S. Gervais to a point (the last two courses and distances being along land now or formerly of Edgar E. & Rebecca C. Lindsey); thence turning and running N. 80 39' 19" E. a distance of 634.96 feet to a point at the center line of Clark Brook; thence running in a generally Northerly direction along the center line of Clark Brook a distance of 610 feet, more or less, to a point (the last two courses and distances being along land now or formerly of Martha S. Gervais); thence turning and running N. 80 40' 21" E. a distance of 453.76 feet along land now or formerly of Martha S. Gervais and land now or formerly of Richard C. & Geraldine A. Nicoli to a point; thence turning and running S. 84 22' 00" E. a distance of 143.00 feet along land now or formerly of Richard C. & Geraldine A. Nicoli to a point; thence turning and running S. 04 47' 15" W. a distance of 498.35 feet along Lot 8 to a point at Lot 7; thence turning and running S. 80 39' 19" W. a distance of 890.00 feet to a point; thence turning and running S. 10 34' 38" E. a distance of 300.52 feet to a point; thence turning and running S. 80 42' 12" W. a distance of 457.92 feet to a point on the Easterly side of Kennedy Road (the last three courses and distances being along Lot 7; thence turning and running 21 N. 12 25' 28" W. a distance of 50.07 feet along the Easterly side of Kennedy Road to the point of beginning. Containing 7.487 acres, more or less, as shown on the aforementioned plan which shall be controlling for all purposes. SUBJECT to and TOGETHER with the following rights and obligations regarding these portions of Lot 8 which are designated as Easements "C and D" as shown on the aforementioned plan, recorded in the Hampshire County Registry of Deeds Plan Book ^C, Page ^C. The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easements. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement C Lot 7 - --- 33 -1/3% Lot 8 - --- 33 -1/3% Lot 9 - --- 33 -1/3% Easement D Lot 9 - - -- 100% Lot 8 - - -- 0% Maintenance and upkeep shall include the following: a. Cost of snow removal, plowing, and sanding. b. Grading, regrading, patching and filling as necessary to maintain the Easements for the safe passage of ordinary passenger cars and trucks. C. Such other maintenance as the owners of the aforesaid lots shall agree upon. Said cost of maintenance shall be a lien against each of the aforesaid lots being served by the Easements, and shall be the obligation of each of the owners of the aforementioned lots. Said Easements shall be used solely for the purpose of ingress and egress from each of the aforementioned lots, by vehicle and on foot. No parking or storing of automobiles or any other materials thereon shall be allowed. Evidence of payment of the aforesaid costs shall be conclusively proven by a writing recorded in the Hampshire County Registry of Deeds, signed by a majority of the owners of the aforementioned lots, or their designee. Each owner of a lot is obligated, upon 22 11 I 10 days written notice, to execute a document indicating the status of payments regarding any lot For grantors title, see the deed recorded in the Hampshire County Registry of Deeds as follows: Book 2126, Book 1531, Book 1799, Book 1799, Book 1799, Book 1799, Book 1799, Page Page Page Page Page Page Page borawski \leeds \bor- deed.l 176; 11; 83; 87; 91; 85; and 89. 23 I K N O W A L L M E N B Y T H E S E P R E S E N T S That We, ROBERT A. BORAWSKI and ANN M. BORAWSKI, husband and wife, both of 170 Audubon Road, Leeds, County of Hampshire, Massachusetts for consideration paid, (there is no monetary consideration for this conveyance), grant to KATHLEEN A. BORAWSKI, of 102 Vernon Street, Northampton, County of Hampshire, Massachusetts, with WARRANTY COVENANTS, Tract 8, Audubon Road, Leeds, Northampton, Massachusetts, as described on the exhibit attached hereto and made a part hereof. Executed as a sealed instrument this day of , 1992. ROBERT A. BORAWSKI ANN M. BORAWSKI THE COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. , 1992 Then personally appeared the above named ROBERT A. BORANSKI and ANN M. BORAWSKI, and acknowledged the foregoing instrument to be THEIR free act and deed. Before me Notary Public: My Commission Expires: hs \borawsk5.dee Tract 8 That certain tract or parcel of land situated on the Southwest side of Audubon Road in Northampton, County of Hampshire, Massachusetts, shown as Lot 8 on a plan entitled "Compiled Plan of Land in Northampton (Hampshire County) MA, prepared for Robert A. Borawski," dated August 22, 1990, C.T. Male Associates, P.C., and recorded in the Hampshire County Registry of Deeds in Plan Book 170, Page 88, to which reference may be had for a more particular description, more particularly bounded and described as follows: Commencing at an iron rod set on the Southwesterly side of Audubon Road at land now or formerly of Lee M. Whitney and at the most Easterly corner of the demised premises; thence turning and running along the arc of a curve running to the Northwest, said curve having a radius of 25 feet, a distance of 24.94 feet to an iron rod; thence turning and running S. 80 40' 20" W. a distance of 217.17 feet to an iron rod; thence turning and running S. 09 19' 40" E. a distance of 100.00 feet to an iron rod; thence turning and running N. 80 40' 20" E. a distance of 137.62 feet to an iron rod (the last four courses and distances being along land now or formerly of Lee M. Whitney); thence turning and running S. 01 25' 36" W. a distance of 129.56 feet along land now or formerly of Robert Brandt & Joan Swerdlow- Brandt to an iron rod at Lot 6; thence turning and running S. 44 50' 38" W. a distance of 189.88 feet along Lot 6 to a point; thence turning and running N. 80 42' 34" a distance of 589.53 feet along Lots 6 and 7 to a point; thence turning and running N. 04 47' 15" E. a distance of 498.35 feet along Lot 9 to a point at land now or formerly of Richard C. & Geraldine A. Nicoli; thence turning and running S. 84 22' 00" E. a distance of 283.06 feet to a point; thence turning and running N. 80 40' 20" E. a distance of 51.73 feet to a point (the last two courses and distances being along land now or formerly of Richard C. & Geraldine A. Nicoli); thence turning and running S. 09 19' 40" E. a distance of 100.00 feet to a point; thence turning and running 18 N. 80 40' 20" E. a distance of 46.00 feet to a point (the last two courses and distances being along land now or formerly of William C. Swift); thence turning and running S. 09 19' 40" E. a distance of 100.00 feet to an iron rod; thence turning and running N. 80 40' 20" E. a distance of 252.66 feet to an iron rod; thence turning and running along the arc of a curve running to the North, having a radius of 25 feet, a distance of 53.60 feet to an iron rod set on the Southwest side of Audubon Road (the last three courses and distances being along land now or formerly of Walter F. & Elaine E. Southard); thence turning and running S. 42 10' 00" E. a distance of 130.92 feet along the Southwest side of Audubon Road to the iron rod set at the place of beginning. Containing 6.952 acres, as shown on the aforementioned plan which shall be controlling for all purposes. SUBJECT to and TOGETHER with the following rights and obligations regarding these portions of Lot 8 which are designated as Easements "C, D and E" as shown on the aforementioned plan, recorded in the Hampshire County Registry of Deeds Plan Book ^C, Page ^C. The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easements. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement C Lot 7 - - -- 33 -1/3% Lot 8 - - -- 33 -1/3% Lot 9 - - -- 33 -1/3% Easement D Lot 9 - - -- 100% Lot 8 - - -- 0% Easement E Lot 8 - - -- 0% Lot 7 - - -- 100% 19 M I Maintenance and upkeep shall include the following: a. Cost of snow removal, plowing, and sanding. b. Grading, regrading, patching and filling as necessary to maintain the Easements for the safe passage of ordinary passenger cars and trucks. C. Such other maintenance as the owners of the aforesaid lots shall agree upon. Said cost of maintenance shall be a lien against each of the aforesaid lots being served by the Easement, and shall be the obligation of each of the owners of the aforementioned lots. Said Easements shall be used solely for the purpose of ingress and egress from each of the aforementioned lots, by vehicle and on foot. No parking or storing of automobiles or any other materials thereon shall be allowed. Evidence of payment of the aforesaid costs shall be conclusively proven by a writing recorded in the Hampshire County Registry of Deeds, signed by a majority of the owners of the aforementioned lots, or their designee. Each owner of a lot is obligated, upon 10 days written notice, to execute a document indicating the status of payments regarding any lot. For grantors title, see the deed recorded in the Hampshire County Registry of Deeds as follows: Book 2126, Book 1531, Book 1799, Book 1799, Book 1799, Book 1799, Book 1799, Page 176; Page 11; Page 83; Page 87; Page 91; Page 85; and Page 89. 20 W K N O W A L L M E N B Y T H E S E P R E S E N T S That We, ROBERT A. BORAWSKI and ANN M. BORAWSKI, husband and wife, both of 170 Audubon Road, Leeds, County of Hampshire, Massachusetts for consideration paid, (there is no monetary consideration for this conveyance), grant to ANN M. BORAWSKI, of 170 Audubon Road, Leeds, County of Hampshire, Massachusetts, with WARRANTY COVENANTS, Tract 2, Tract 7, and Tract 5, Audubon Road, Leeds, Northampton, Massachusetts, as described on the exhibit attached hereto and made a part hereof. Executed as a sealed instrument this day of , 1992. ROBERT A. BORAWSKI ANN M. BORAWSKI THE COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. 1992 Then personally appeared the above named ROBERT A. BORAWSKI and ANN M. BORAWSKI, and acknowledged the foregoing instrument to be THEIR free act and deed. Before me Notary Public: My Commission Expires: hs \borawsk2.dee i Tract 2 That certain tract or parcel of land situated on the Southerly side of Audubon Road in Northampton, County of Hampshire, Massachusetts, shown as Lot 2 on a plan entitled "Compiled Plan of Land in Northampton (Hampshire County) MA, prepared for Robert A. Borawski," dated August 22, 1990, C.T. Male Associates, P.C., and recorded in the Hampshire County Registry of Deeds in Plan Book 170, Page 88, to which reference may be had for a more particular description, more particularly bounded and described as follows: Commencing at an iron pin situated at the Northwesterly corner of the demised property and the Northeasterly corner of the land now or formerly of Robert Brandt & Joan Swerdlow- Brandt; thence running N. 78 49' 23" E. along the Southerly side of said Audubon Road a distance of 51.55 feet to a point at Lot 1; thence turning and running S. 02 53' 16" W. a distance of 238.77 feet to a point; thence turning and running S. 37 ill 58" W. a distance of 141.43 feet to a point; thence turning and running S. 00 35' 00" E. a distance of 338.89 feet to a point; thence turning and running S. 74 17' 04" E. a distance of 356.32 feet to a point at land now or formerly of Anne Chappell (the last four courses and distances being along Lot 1); thence turning and running S. 00 35' 00" E. along land now or formerly of Anne Chappell a distance of 380.00 feet to an iron pin; thence turning and running N. 82 19' 05" W. along land now or formerly of City of Northampton (Water Dept.) a distance 675.00 feet to a point; thence turning and running N. 35 ill 44" E. along Lot 3 a distance of 472.05 feet to a point situated at the intersection of Lots 3 and 6; thence turning and running N. 00 35' 00" W. a distance of 356.00 feet to a point; thence turning and running N. 37 11' 58" E. a distance of 143.11 feet to a point; thence turning and running 2 N. 02 53' 16" E. a distance of 38.48 feet to an iron pin situated at land now or formerly of Robert Brandt & Joan Swerdlow- Brandt (the last three courses and distances being along Lot 6); thence turning and running N. 02° 53' 16" E. along said land now or formerly of Robert Brandt & Joan Swerdlow- Brandt a distance of 172.32 feet to the iron pin set at the place of beginning. Containing 5.831 acres as shown on the aforementioned plan which shall be controlling for all purposes. SUBJECT to and TOGETHER with the following rights and obligations regarding these portions of Lot 2 which are designated as Easements "A and B" as shown on the aforementioned plan, recorded in the Hampshire County Registry of Deeds Plan Book ^C, Page ^C. The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easements. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement A Lot 2 - - -- 33 -1/3% Lot 3 - - -- 33 -1/3% Lot 6 - - -- 33 -1/3% Easement B Lot 2 - - -- 50% Lot 3 - - -- 50% Maintenance and upkeep shall include the following: a. Cost of snow removal, plowing, and sanding. b. Grading, regrading, patching and filling as necessary to maintain the Easements for the safe passage of ordinary passenger cars and trucks. C. Such other maintenance as the owners of the aforesaid lots shall agree upon. Said cost of maintenance shall be a lien against each of the aforesaid lots being served by the Easements, and shall be the obligation of each of the owners of the aforementioned lots. Said Easements shall be used solely for the purpose of ingress and egress from each of the aforementioned lots, by vehicle and on foot. No parking or storing of automobiles or other materials thereon shall be allowed. 3 Evidence of payment of the aforesaid costs shall be conclusively proven by a writing recorded in the Hampshire County Registry of Deeds, signed by a majority of the owners of the aforementioned lots, or their designee. Each owner of a lot is obligated, upon 10 days written notice, to execute a document indicating the status of payments regarding any lot. For grantors title, see the deed recorded in the Hampshire County Registry of Deeds as follows: Book 2126, Book 1531, Book 1799, Book 1799, Book 1799, Book 1799, Book 1799, Page 176; Page 11; Page 83; Page 87; Page 91; Page 85; and Page 89. 4 Tract 7 That certain tract or parcel of land situated on the Easterly side of Kennedy Road in Northampton, County of Hampshire, Massachusetts, shown as Lot 7 on a plan entitled "Compiled Plan of Land in Northampton (Hampshire County) MA, prepared for Robert A. Borawski," dated August 22, 1990, C.T. Male Associates, P.C., and recorded in the Hampshire County Registry of Deeds in Plan Book 170, Page 88, to which reference may be had for a more particular description, more particularly bounded and described as follows: Commencing at a point on the Easterly side of Kennedy Road in said Northampton at a point at the Northwest corner of Lot 6 and the Southwest corner of Lot 7; thence running N. 01 48' 36" W. a distance of 56.48 feet along the Easterly side of Kennedy Road to a point; thence turning and running N. 12 25' 28" W. a distance of 119.18 feet along the Easterly side of Kennedy Road to a point at Lot 9; thence turning and running N. 80 42' 12" E. a distance of 457.92 feet to a point; thence turning and running N. 10 34' 38" W. a distance of 300.52 feet to a point; thence turning and running N. 80 39' 19" E. a distance of 890.00 feet to a point (the last three courses and distances being along Lot 9); thence turning and running S. 80 42' 34" E. a distance of 239.53 feet along Lot 8 to a point at Lot 6; thence turning and running S. 06 33' 41" W. a distance of 343.17 feet to a point; thence turning and running N. 86 05' 57" W. a distance of 520.00 feet to a point; thence turning and running S. 58 26' 47 W. a distance of 497.53 feet to a point; thence turning and running S. 80 42' 12" West a distance of 508.59 feet to the point of beginning (the last four courses and distances being along Lot 6) . Containing 10.780 acres, as shown on the aforementioned plan which shall be controlling for all purposes. 15 SUBJECT to and TOGETHER with the following rights and obligations regarding these portions of Lot 8 which are designated as Easements "C and E" as shown on the aforementioned plan, recorded in the Hampshire County Registry of Deeds Plan Book ^C, Page ^C. The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easements. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement C Lot 7 - - -- 33 -1/3% Lot 8 - - -- 33 -1/3% Lot 9 - - -- 33 -1/3% Easement E Lot 7 - - -- 1000 Lot 8 - - -- 0% Maintenance and upkeep shall include the following: a. Cost of snow removal, plowing, and sanding. b. Grading, regrading, patching and filling as necessary to maintain the Easements for the safe passage of ordinary passenger cars and trucks. C. Such other maintenance as the owners of the aforesaid lots shall agree upon. Said cost of maintenance shall be a lien against each of the aforesaid lots being served by the Easements, and shall be the obligation of each of the owners of the aforementioned lots. Said Easements shall be used solely for the purpose of ingress and egress from each of the aforementioned lots, by vehicle and on foot. No parking or storing of automobiles or any other materials thereon shall be allowed. Evidence of payment of the aforesaid costs shall be conclusively proven by a writing recorded in the Hampshire County Registry of Deeds, signed by a majority of the owners of the aforementioned lots, or their designee. Each owner of a lot is obligated, upon 10 days written notice, to execute a document indicating the status of payments regarding any lot. 16 For grantors title, see the deed recorded in the Hampshire County Registry of Deeds as follows: Book 2126, Book 1531, Book 1799, Book 1799, Book 1799, Book 1799, Book 1799, Page Page Page Page Page Page Page 176; 11; 83; 87; 91; 85; and 89. 17 Tract 5 That certain tract or parcel of land situated on the Easterly side of Kennedy Road in Northampton, County of Hampshire, Massachusetts, shown as Lot 5 on a plan ent itled ,compiled Robert of Land in Northampton (Hampshire County) , prepared A. Borawski," dated August 22, 1990, C.T. Male Associates, P.C., and recorded in the Hampshire County Registry of Deeds in Plan Book 170, Page 88, to which reference may be had for a more particular description, more particularly bounded and described as follows: Commencing at a point on the Easterly side of Kennedy Road in said Northampton at a point at the center line of a brook at the Northwest corner of Lot 4 and the Southwest corner of the demised premises shown as Lot 5; thence running N. 01 48' 36" W. along the Easterly side of Kennedy Road a distance 197.70 feet to a point; thence turning and running N. 80 42' 12" E. a distance of 541.41 feet to a point; thence turning and running N. 58 26' 47" E. a distance of 485.24 feet to a point; thence turning and running S. 86 05' 57" E. a distance of 215.59 feet to a point at the center line of Clark Brook; thence turning and running in a generally Southeasterly direction along the center line of Clark Brook a distance of 430 feet, more or less, to thencent (the last four courses and distances being along Lot 3); turning and running N. 82 19' 05" W. along land now or formerly of City of Northampton (Water Dept.) a distance of 155.55 feet to a point; thence turning and running S. 83 24' 18" W. a distance of 360.00 feet to a point; thence turning and running S. 44 27' 06" W. a distance of 240.20 feet to a point at the center line of a brook; thence turning and running in a Westerly direction along the center line of a brook a distance of 705 feet, more or less, to the point of beginning (the last three courses and distances being along Lot 4). Containing 8.619 acres, more or less, as shown on the aforementioned plan which shall be controlling for all purposes. 10 SUBJECT to and TOGETHER with the following rights and obligations regarding that portion of Lot 5 which is designated as Easement "F" as shown on the aforementioned plan, recorded in the Hampshire County Registry of Deeds Plan Book ^C, Page ^C. The owners of each of the following lots, as shown on said plan, shall be responsible for the maintenance and upkeep of such Easement. The cost of such maintenance shall be divided amongst or between the said lots as follows: Easement F Lot 4 - - -- 50% Lot 5 - - -- 50% Maintenance and upkeep shall include the following: a. Cost of snow removal, plowing, and sanding. b. Grading, regrading, patching and filling as necessary to maintain the Easement for the safe passage of ordinary passenger cars and trucks. C. Such other maintenance as the owners of the aforesaid lots shall agree upon. Said cost of maintenance shall be a lien against each of the aforesaid lots being served by the Easement, and shall be the obligation of each of the owners of the aforementioned lots. Said Easement shall be used solely for the purpose of ingress and egress from each of the aforementioned lots, by vehicle and on foot. No parking or storing of automobiles or any other materials thereon shall be allowed. Evidence of payment of the aforesaid costs shall be conclusively proven by a writing recorded in the Hampshire County Registry of Deeds, signed by a majority of the owners of the aforementioned lots, or their designee. Each owner of a lot is obligated, upon 10 days written notice, to execute a document indicating the status of payments regarding any lot. For grantors title, see the deed recorded in the Hampshire County Registry of Deeds as follows: Book 2126, Book 1531, Book 1799, Book 1799, Book 1799, Book 1799, Book 1799, Page Page Page Page Page Page Page 176; 11; 83; 87; 91; 85; and 89. 11 Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above - referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above - referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: Note: A Partial Certificate of Compliance was issued on June 23, 1997 for house construction. All work is now complete. WPA Form 8B Rev. 02,100 - Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8B Certificate Compliance DEP File Number: — of 246-371 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP City of Northampton Wetlands Protection Ordinance, Chapter 24 A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Robert F. Borawski computer, use Name only the tab key to move 441 Kennedy Road your cursor - Mailing Address do not use the Leeds MA 01053 return key. City/Town State Zip Code rat 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Robert F. Borawski Name - April 12, 1995 246 -371 Dated DEP File Number 3. The project site is located at: 441 Kennedy Road Leeds Street Address City/Town 10 18 Assessors Map /Plat Number Parcel /Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Robert F. Borawski Property Owner (if different) Hampshire 4658 290 County Book Page N/A Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: N/A Date B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above - referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above - referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: Note: A Partial Certificate of Compliance was issued on June 23, 1997 for house construction. All work is now complete. WPA Form 8B Rev. 02,100 - Page 1 of 3 I%., `J Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 2 46 - 371 4 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP F ter 24 , City of Northampton Wetlands Protection Ordinance Chapter p B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above - referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Northampton Conservation Commission February 7, 2001 Conservation Commission Date of Issuance Date sent to DEP Regional Office: February 7, 2001 This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See Appendix A). Signatures: On four Day before me personally appeared Of January, 2001 Month and Year the above —named WPA Fo'n 8B Rev. 02/00 X11 Iff1,," to me known to be the person described in and who executed the foregoing instru .,,�� acknowledged that he /she executed the same as his /her free act and deed. ?��` \! J ' cj�; *% .C4�' t Iwo Notary Pubic! My dommi6sion expires - 1 0 0 V ge2of3 qRY P UQ' aa, Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 246 -371 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP a City of Northampton Wetlands Protection Ordinance, Chapter 24 D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. kffl Northampton Conservation Commission Conservation Commission Please be advised that the Certificate of Compliance for the project at: 441 Kennedy Road 246 -371 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampshire County for: Robert F. Borawski Property Owner and has been noted in the chain of title of the affected property on: February 7, 2001 Date 4658 290 Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant WPA Form 8B Rev. 0200 Page 3 of 3 I 310 CMR: DEPAR`rnENT OF ENVIRONMENTAL PRO M Doc; 910016953 OR /5171/0286 08/04/199115,48 DEP File No. 246 - 3 7 L (To be provided by DEP) Form 7 Commonwealth City /Town Northamgt9A--_ of Massachusetts Applicant llro.W 5k i EXTENSION PERMIT t'''t A? 10 / 0 0-' al 18. MASSACHUSETTS WETLANDS PROTECTION ACT, G.L. c. 131, §40 and THE CITY OF NORTHAMPTON'S WETLAND'S PROTECTION ORDINANCE, Ch.24 From Northampton Consent ation Com mission mission Issuing Authority TO I?o ber+ F 13cra. -a k i 4 4 1 Ken ntj 136 4e q " . (Name) (Address) The Order of Conditions (or Extension Permit) issued on AiQr ' 195 5 (date) to Rc 6f,+-1- r , for work at L _0+ C" �� k L-f 41) (name) ( dress) 6OLLst is hereby extended for a period of year(s) from the date it expires. This Extension Permit will expire on A i I 12 20O (date) This document shall be recorded in accordance with General Condition 8 of the Order of Conditions. Or j in cd Or'aeA. Reec> -&C1 511 / 5 B oo le- : if t, 58 ' RL O 2 ........................................................................................................................................... ............................... (Leave Space Blank) 4/1/94 310 CMR - 426 426 310 CMR: DEPA 4 t -rMENT OF ENVIRONMENTAL PROT CTION 10.99: continued Doc; 910016953 OR /5111/0281 08/04/199115;48 Me) 0 41611 0 Signature(s) When :issued by the Conservation Commission this Extension Permit must be signed by a majority of its members. On this a 3 day of nf-_ 19 `� �' , before me personally appeared C YylaSart W) a"ri 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 /9 av v� My Cor6ission Expires Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work. To Northampton Conservation Commission Issuing Authority Please be advised that the Extension Permit to the Order of Conditions for the project at File Number has been recorded at the Hampshire County Registry of Deeds and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on 19 If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is Signature Applicant 4/l/94 � 310 CMR - 427 427 aTTESTi BAI�'SHIRE, ��tc�rird.,. REGISTER MARIANNE L. DONOHUE o }� CD a � � O Qcnm orn� � 4/l/94 � 310 CMR - 427 427 aTTESTi BAI�'SHIRE, ��tc�rird.,. REGISTER MARIANNE L. DONOHUE 6955 OR 151761 1 081041199] L i� -� Doc, 91401 �-� 310 CMR 10-99 DBP � NO 2 _4 to - 37 Form 8 (To be provided by DEP) cry/rOwn L Applimnt Tiara w s ki commonwealth mc�'V ' 0 of Massachusetts PARTIAL Certificate of Compliance Massachusetts Wetlands Protection Act, G.L. c. 131, 540 From i�a P` �,n sfX'yn► �'1(M l ,6w�M 1 Issuing Authority To �?ober - i - F, Oomweki !4 KemnpAu Rel Ltedg_ M.A (Name) (Address) Date of Issuance O-c.n2 z 1"';L Thi Certificate is is " sued for work regulated by an order f Conditions issued to Q6fJ- IC (&W - VL w Aki dated �lTr 1921 .r and issued by the JVorfliaY►D'1= (_ inn �nw±m� 1. ❑ It is hereby certified that the work regulated by the above- referenced order of Conditions has been satisfactorily completed. 2. It is hereby certified that only the following portions of the work regulated by the above- referenced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance does not include the entire project, specify what portions are included.) ROL"!'G C s r'u CE'1l� J rack i n -' l0.wr1 r A r►p(g I rl C� SG�T'i C 5( gam) (�(' r-i veW 1 5') ct bi l i 0.�'I�f1� 0� ai 'u r�D{ C� a t j . 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) Doc 6955 OR /5 17 1 / 08/04/1997 . ; 9�OO1 a. 1: This certificate shag be recorded in the Registry of Deeds or the land Court r the district in which the land is located. The Order was originally recorded on 5/ (date) at the Registry of Hampshire County Book `f G 5 8 . Page O Z 9 0 5. 3 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.) — Maintenance of all detention ponds and drainage structures, — No additional work within 100 feet of resource area, without a new Wetlands Permit. Issued by Northampton Conservation Commission When issued by the Conservation Commision this Certificate must be signed by a majority of is members. On this %Z 3 day of ,T(A n e .19 before me personally aopeare C• M& SM 'Y - O n r 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 tree act and deed. C Notary Public My commission expires Detach on dotted line and submit to the Northampton Conservation Commission ' To Northampton Conservation Commission Issuing Authority Please be acvised that the Certificate of Compliance for the txotect at: Ftie Numner 246 has been recorded at the Registry of Hampshire County anC nas seen natec m :ne cnain of title c:: ^e atfec:eo orocer:y an ! 4 ;t recamec :anc. ne !nstn:menl nur^2er .vr. :cn :cent:hes :1:s — ansac::en is !' req:s :erec &an-. no ="-fnent nu rser wric-_,^. -:Ses .:.s =sac::on :s 19na ire AconcanI ATTEST: BAMPSEIRE, IL wax n�,� REGISTEJ �:- MARIANNE L. DONOHUE Sicnaiure /s) d�2a v ti �rrJ N m v z} n z� � S� o cc-, rm �_ •� —4 J m G-j t rid Sicnaiure /s) i M Doc, 950006910 OR 310CMR 10.99 Form 5 Commonwealth of Massachusetts DEP File No. 246 -371 — � (To be provided by DEP) City /Town Northampton Applicant Robert F. Borawski Map # 10 Parcel # 18 Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, 540 and the Northampton Wetlands Protection Ordinance From Northampton Conservation Commission Issuing Authority To: Robert A. Borawski Name of property owner 170 Audubon Road, Leeds, MA 01053 Address Robert F. Borawski Name of Applicant 88 King Street, Northampton Address This Order is issued and delivered as follows: [�] by hand delivery to applicant or representative on' Ign_. Q / �j i /y (date) fi [ j by certified mail, return receipt requested on This project is located in Northampton at Kennedy Road, Lot #5 The property is recorded at the Registry of Hampshire County Book 1799 Page 83, 85, 87 Certificate (if registered) N/A The Notice of Intent for this project was filed on 3/10/95 (date) The public hearing was closed on 3'- (date) Findings: (date) The Northampton Conservation Commission as 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 at this time, the 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 [X] Flood Control [ ] Land containing shellfish [ ] Private water supply [X] Storm damage prevention [ ] Fisheries [ ] Ground water supply [X] Prevention of pollution [ j Protection of Wildlife Habitat Total Filing Fee Submitted $ 250.00 State Share $ 112.50 (1/2 fee in excess of $25) City Share $ 137.50 Total Refund Due $ City Portion $ State Portion $ (1/2 total) (1/2 total) page 5 -1 (memorex \wp \conscom \order.cc) /4658/0290 05/01/199511;40 M 'a ^ Doc; 9500069 /4658/0291 05/01/199511;40 �..� Therefore, the Northampton Conservation Commission hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those interests 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 following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditions 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The 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 debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. The applicant is prohibited from using demolition materials, asphalt, large chunks of concrete, tree stumps and limbs, and general refuse; 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 proposed work is to be done. The recording information shall be submitted to the Commission on the form at the end of this Order prior to commencement of the work. The Commission usually will record the order in the Registry of Deeds. It is the applicant's responsibility to insure the order is properly recorded. page 5 -2 (memorex \wp \conscom \order.cc) Doc., 950006910 OR 146581029 05I01! 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 works, "Massachusetts Department of Environmental Protection, File Number 246 - 371 ". 10. Where the Department of Environmental Protection 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: PLANS TITLE DATED SIGNED & STAMPED BY: Borawski Residence Kennedy Road, Exhibit F dated 3/10/95 by Berkshire Design (A) USGS Locus Map (A) (B) Narrative Description 03/1095 (C) General Soils Map Estimated Habits of Rare (D) Westlands Wildlife and Certified Vernal Pools 1994 Edition (E) Erosion Control Notes (F) Plan 3/10/95 All Plans on File with Northampton Conservation Commission Special Conditions: 13. The applicant shall notify the Commission, in writing, as to the date that the work will be commencing on the project. Said notification must be received by the Commission no sooner than (10) days and no later than five (5) days prior to the commencement of the approved activity; 14. No area within the 100 year floodplain, any wetland, or area within 100 feet of a wetland or 40 feet of a 100 year floodplain, as defined in 310 CMR 10, and City of Northampton Ordinances - Chapter 24, shall be permissible disposal sites, unless such areas are specifically approved by the Commission; 15. Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; 16. Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas, and shall be implemented prior to any construction. Sedimentation and erosion control devices shall be placed according to standards set in U.S.D.A. Soil Conservation Service, "Guidelines for Soil and Water Conservation in Urbanized Areas of Massachusetts ". Placement of sedimentation and erosion control shall be directed at the site by the project engineer in order to accomplish maximum control of erosion to ensure that no eroded materials will enter wetland resource areas. Hay bales must be staked. Silt fencing must be installed in a dug trench with sufficient porosity to allow detained water to pass through while trapping suspended sediments; page 5 -3 (memorex \wp \conscom \order.cc) •i �I Doc: 9910 OR /4858/0293 05/01P,.995 17. Areas of construction shall remain in a stable condition at the close of each construction day. Erosion controls shall be inspected at this time, and maintained or reinforced to meet specifications in the plans and this order; 18. All construction areas shall be restored to original condition or better upon completion of the project, including replanting of vegetation; 19. The Commission and its agents shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order, the Act, and Wetlands Protection Regulations: 310 CMR 10.00 and Chapter 24 of the City's Ordinances: "The Wetlands Protection Ordinance ". They shall have the right to request and receive any data or documentation that is deemed necessary for evaluation of compliance. 20. This Order of Conditions shall apply to any successor in interest or successor in control; 21. The contractor is as responsible as the applicant and property owner for any violations of the Orders of Condition and penalties under the law, while all activities regulated by this Order are being performed. A copy of this Order and associated plans shall remain on site during all construction and /or building activities. The project manager and all equipment operators shall be familiar with the approved plans, and shall be informed of their location on the site. This location shall be accessible to all contractors whenever work is occuring on site. A copy of the plans and Order must always be on -site and in all excavating machinery when work is being performed; 22. All required permits must be obtained from the Planning Board, Zoning Board, Department of Public Works, and Building Inspector prior to the start of projects involving fill within any wetland resource area; 23. The owner of the property described in this Order, must advise any potential buyer of the property that any construction or alteration to said property, including brush cutting or clearance, may require action by the Northampton Conservation Commission. Any instrument conveying any or all of the owners' interest in said property or any portion thereof, shall contain similar language as follows: "This property may be subject to the Northampton Wetlands Protection Ordinance, Wetlands Protection Act, an Order of Conditions, and /or a Determination of Applicability from the Northampton Conservation Commission "; 24. Upon completion of the project, the Applicant shall submit a statement that all work has been done in conformance with the provisions of the Order of Conditions and request a Certificate of Compliance. If checked: [ ] YES 25. Certification shall be by a Professional Engineer or by a Wetlands Consultant who shall have been approved by the Commission: If checked: [XX] YES page 5 -4 (memorex \wp \conscom \order.cc) Doc, 95D O, MOO 05 /Oj 1-ON51 1 26. An "As Built" plan shall be included with the project engineer's certification, detailing the post - development conditions of the site: 27. Storage of pool chemicals and the discharge of backwashed pool water will not be allowed within 100' of the resource area. 28. A legend shall be added to the construction plans which indicates the limit of work line, erosion control barriers and all construction notes contained within the Notice of Intent. A copy of the revised plans shall be submitted to the Conservation Commission to become part of the file, prior to the beginning of construction. page 5 -5 (memorex \wp \conscom \order.cc) Doc; 950 0 OR /4658/0295 05/01/199511: 40 Issued By Northampton Conservation Commission Signatures: 1 1 This Order`mustt be signed by a majority of the Conservation Commission. On t is T day of 1995, before me per ally appeared IQ {- , to me known to be the per o described in an ho executed the foregoing instrument and acknowledged _ tha he /she exec ted ame as his /her ee act and deed. K 1 115 1 zD(5 ( 0 y Public My co ission expires ) The pplicant, the owner, any person aggrieved by this Order, any owner of land abu'tin g g 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 their right to request the Department of Environmental Protection to issue a Superseding Order, providing the request is made by certified mail or hand delivery.to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from the date of issuance of this determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work. PLEASE NOTE - -THIS IS NOT REQUIRED IF THE COMMISSION HAS ALREADY RECORDED THE ORDER, AS IS THEIR USUAL PRACTICE, UNLESS LAND IS REGISTERED IN LAND COURT. To Northampton Conservation Commission Please be advised that the Order of Conditions for the project at Kennedy Road, Lot #5 , File Number 246 -371 has been recorded at the Registry of Hampshire County '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 If registered land, the- document number which identifies this transaction is Signature Applicant - .ATMTt E MPSE" E s .gLA �tEGISTE� 1KARIbNNE L. DONOEM page 5 -6 (memorex \wp \conscom \order.cc) Doc 9500,. O OR /4658/0295 05/01/199511 :40 `..� Issued By Northampton Conservation Commission Signatures: This Order'must be signed by a majority of the Conservation Commission. 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 is located, are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding Order, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from the date of issuance of this determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work. PLEASE NOTE- -THIS IS NOT REQUIRED IF THE COMMISSION HAS ALREADY RECORDED THE ORDER, AS IS THEIR USUAL PRACTICE, UNLESS LAND IS REGISTERED IN LAND COURT. To Northampton Conservation Commission Please be advised that the Order of Conditions for the project at Kennedy Road, Lot #5 , File Number 246 -371 has been recorded at the Registry of Hampshire County 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 If registered land, the document number which identifies this transaction is Signature Applicant ATTEST: EAMPSELM -4 nEMMXO& REGISTER MARIANNE L. DONOHUE page 5 -6 (memorex \wp \conscom \order.cc) On t is day of 1995, before me per ally appeared { o to me known to be the per o described in an ho executed the foregoing instrument and acknowledged tha he /she exec ted ame as his /her ee act and deed. y Public My cofnission 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 is located, are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding Order, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from the date of issuance of this determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work. PLEASE NOTE- -THIS IS NOT REQUIRED IF THE COMMISSION HAS ALREADY RECORDED THE ORDER, AS IS THEIR USUAL PRACTICE, UNLESS LAND IS REGISTERED IN LAND COURT. To Northampton Conservation Commission Please be advised that the Order of Conditions for the project at Kennedy Road, Lot #5 , File Number 246 -371 has been recorded at the Registry of Hampshire County 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 If registered land, the document number which identifies this transaction is Signature Applicant ATTEST: EAMPSELM -4 nEMMXO& REGISTER MARIANNE L. DONOHUE page 5 -6 (memorex \wp \conscom \order.cc) 1 *00 ,, 310 CMR 10.99 Form 2 Commonwealth of Massachusetts .J DEP File No. i 24 6_ - � (To be provioed by DEP) City-Town Northampton Applicant ROBERT A. BORAWSKI Date Request Flea 9/1 '�'C5 Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c.131, §40 & NORTHAMPTON WETLANDS PROTECTION ORDINANCE From Northampt Conservation C ommiss i on Issuing Authority To ROBERT A.BORAWSKI Same (Name of person making request) (Name of property owner) Address 170 AudiiI)on Road, T.PPds Address garnP This determination is issued and delivered as follows: by hand delivery to person making request on Ct 24 l `� °) (date) 2 by certified mail, return receipt requested on (date) Pursuant to the authority of G.L. c. 131, §40, the Northampton Conservation Commission has considered your request for a Determination of Applicability and its supporting documentation, and has made the following determination (check whichever is applicable): Location: Street Address Kennedy Road, Lot #5 Lot Number: (.MAP ID #) 1Q This Det The area descr be� below; w%ich includes all /part of the area described in your request, is an 6 � Area Subject to Protection Under the Act. Therefore, any removing, filling, dredging or altering of that area requires the filing of a Notice of Intent. 2. The work described below, which includes all /part of the work described in your request, is within an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area. There- fore. said work requires the filing of a Notice of Intent. Effective 11/10/89 2.1 1.us 1'� 3. ❑ The work described below, which includes alUpart of the work descrlDec-in vour recuest, is within the Suffer Zone as defined In the regulations, and will alter an Area SuDlect to Protection Under the Act. Therefore, said work requires the filing of a Notice of Intent. This Determination is negative: 1. ❑ The area described in your request is not an Area Subject to Protection Under the Act. 2. 0 The work described in your request is within an Area Subject to Protection Under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. 3. ❑ The work described in' your request is within the Suffer Zone, as defined in the regulations, but will not alter an Area Subject to Protection Under the Act. Therefore, said work does not require the filing of a Notice of Intent. 4. ❑ The area described in your request is Subject to Protection Under the Act, but since the work described therein meets the requirements for the following exemptlon,as specified in the Act and the regulations. no Notice of Intent is required: Issued by _ Northampton Conservation Commission Signature(s) This Determination must be signed by a majority of the Conservation Commission. On this f day of _ Glp2l t. 1 ° before me persona ppeared �c�Sc)rt ��.Ar ;� _ _ to me known to be the person scribed in, and who executed a fo egoing instrument, and ai; naygledced.that he!shb executed a as his /her free act deed. Notary ublic My commission expires This Determination goes not relieve the a0blicant from complying with all other applicable tederal. state or local slalutes, ordinances, by -taws or regulations. This Determination shall be valid for three years form the dale of issuance The applicant, the owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be cone, or any ten resioents of the city or town iii which such land is located are nereny notified of tnetr rtcht to recuest the Deparunent of Environmental Protection to issue a Superseding Determination of Applicability, providing the recuest is mace by certifiec mail or hand cielrvery to the Department. with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMP 10.03(7) within ten nays from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certitiec mail or nano delivery to the Conservation Commission and the appltcant. 2.2A 310 Cam . DEPARTMENT OF ENVIRONMENTAL JTECTION DEP File No. (To be provided by oEP) Form 1 City/Town Northampton Applicant Robert A. Borawski, Jr. CommonweaRh of Massachusetts Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 1. I, -the undersigned, hereby request that the Northampton Conservation Commission make a determination as to whether the area, described below, or work to be performed on said area, also desbribed below, is subject to the jurisdiction of the Wetlands Protection Act, G.L. c. 131, §40. 2. The area is descibed as follows. (Use maps or plans, if necessary, to provide a description and the location of the area subject to this request.) Location: Street Address On Kennedy Road Lot Number: L # 5 as show o n pl prepa for Robert A. Borawski in an application for a Special Permit. 3. The work in said area is decribed below. (Use additional paper, if necessary, to describe the proposed work.) The purpose for this filing is to confirm the delineation of the Resource areas as shown on the attached plan. The applicant proposes to construct a house and drive within within the locus of the property, and anticipates that portions of ft - construction will be within the 100 buffer zone of the resource area shown. 1- 1/20/92 310 CMR - 280.15 310 C,,.. DEPARTMENT OF ENVIRONMENTAL T 7MON 4. The:owner(s):of the area, if not the person making this request, has been given. q February 7, 1995 written notificatin of this. re re q uest on � (date ) The name(s) and addresses) of the Robert A. Borawski 170 Audubon Road Leeds, MA 01060 5. 1 _have filed. a complete copy of this request with, the appropriate regional office of the Massachusetts Department of Environmental Protection Febwary /,31, 99 .Rdate) DEP Northeast Regional Office DEP Southeast RegionalOffice 10 Commerce Way = Lakeville Hospital Woburn, MA 01801 Route 105 - Lakeville, MA 02347 DEP Central "Regional Office DEP Western Regional Office 75 Grove Street State House West, 4th Floor Worcester, MA 01605. 436 Dwight Street Springfield, MA 01103 6.. 1 understand that notification of this request will be placed in a local newspaper at my expense in accordance with Section 10.5(3y�b) 1 of the regulations by the = Conservatiorr Commission and -that I will be billed accordingly. ' E Mark B..Damol, P.E., Principal Signatur rue The Berkshire .Design Group, Inc Address 4 Allen Place,; Northampton, MA 01060-_ : Tel: (413) 582 - 7000 11/20/92 310 CMR - 280.16 llft� 1-ow The Berkshire Design Group, Inc. FEB 3 Landscape zl rc hilc ow February 13, 1995 Northampton Conservation Commission City Hall Northampton, MA 01060 RE: Robert Borawski Request for Determination of Applicability. Dear Commission Members: On behalf of Mr. Robert A. Borawski, Jr. enclosed please find nine (9) copies of a Request for Determination of Applicability and associated plans for a parcel of land located on Kennedy Road in Leeds, Massachusetts. Also please find enclosed a check in the amount of $20.00 as required by the Northampton Conservation Commission for advertisement fee. As stated in the Request, the purpose of this filing is to confirm the actual delineation of the resource area so that the design and proposed construction will accurately integrate the boundaries of the resource area. It is clearly understood that the applicant may be required to file additional application(s) with the Commission prior to commencing work within the Commissions jurisdictional area. Please notify Mr. Robert Borawski, Jr., (phone 585 - 5011), and the undersigned as soon as the Commission determines a hearing date, or if you desire to schedule a site visit and wish one of us to attend. CI I'll h.n lncc�rirr� Sincerely, The Berkshire Design Group, Inc. 1'Pcntrrin,�> Cl.hun /ksi,t�r L;nvii�n)m re=ntal Servicc',� Mark B. Darnold, P.E. Principal cc: DEP Western Region Robert A Borawski Robert A. Borawski, Jr. 4 Allen Place Northampton, Massachusetts 01060 0 Telephone (413) 582 -7000 Facsimile (413) 582 -7005 t 310CMR 10.99 DEP File No. 246 -371 I (To be provided by DEP) Form 5 City /Town Northampton Applicant Robert F. Borawski Commonwealth Map if 10 Parcel # of Massachusetts Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 and the Northampton Wetlands Protection Ordinance From Northampton Conservation Commission Issuing Authority To: Robert A. Borawski Robert F. Borawski Name of property owner Name of Applicant 170 Audubon Road, Leeds MA 01053 88 King Street, Northampton Address Address This Order is issued and delivered as follows: N by hand delivery to applicant or representative on( r#� d �� (date) [ ] by certified mail, return receipt requested on (date) This project is located in Northampton at Kennedy Road, Lot #5 The property is recorded at the Registry of Hampshire County Book 1799 Page 83, 85, 87 Certificate (if registered) _N /A The Notice of Intent for this project was filed on 3/10/95 (date) The public hearing was closed on _ 3/- (date) Findings: The Northampton Conservatio n Commission as 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 at this time, the 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 [X] Flood Control [ j Land containing shellfish [ ] Private water supply [X] Storm damage prevention [ ] Fisheries [ ],Ground water supply [X] Prevention of pollution [ ] Protection of WUdlifie H aUtat Total Filing Fee Submitted $ 250.00 State Share S 112.50 City Share $ 137.50 (1/2 fee in excess of $25) Total Refund Due $ City Portion $ State Portion $ (1/2 total) (1/2 total) page 5 -1 (memorex \wp \conscom \order.cc) ± "% . 1.0101 Therefore, the Northampton Conservation Commission hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those interests 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 following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditions 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The 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 debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. The applicant is prohibited from using demolition materials, asphalt, large chunks of concrete, tree stumps and limbs, and general refuse; 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. a. 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 proposed work is to be done. The recording information shall be submitted to the Commission on the form at the end of this Order prior to commencement of the work. The Commission usually will record the Order in the Registry of Deeds. It is the applicant's responsibility to insure the Order is properly recorded. page 5 -2 (memorex \wp \conscom \order.cc) 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 works, "Massachusetts Department of Environmental Protection, File Number 246 - 371 ". 10. Where the Department of Environmental Protection 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: PLANS TITLE DATED SIGNED & STAMPED BY: Borawski Residence Kennedy Road, Exhibit F dated 3/10/95 by Berkshire Design .r. 11— t - - - -- •• -- • -• - (F) Plan 3/10/95 All Plans on File with Northampton Conservation Commission Special Conditions: 13. The applicant shall notify the Commission, in writing, as to the date that the work will be commencing on the project. Said notification must be received by the Commission no sooner than (10) days and no later than five (5) days prior to the commencement of the approved activity; 14. No area within the 100 year floodplain, any wetland, or area within 100 feet of a wetland or 40 feet of a 100 year floodplain, as defined in 310 CMR 10, and City of Northampton Ordinances - Chapter 24, shall be permissible disposal sites, unless such areas are specifically approved by the Commission; 15. Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; 16. Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas, and shall be implemented prior to any construction. Sedimentation and erosion control devices shall be placed according to standards set in U.S.D.A. Soil Conservation Service, "Guidelines for Soil and Water Conservation in Urbanized Areas of Massachusetts ". Placement of sedimentation and erosion control shall be directed at the site by the project engineer in order to accomplish maximum control of erosion to ensure that no eroded materials will enter wetland resource areas. Hay bales must be staked. Silt fencing must be installed in a dug trench with sufficient porosity to allow detained water to pass through while trapping suspended sediments; page 5 -3 (memorex \wp \conscom \order.cc) 17. Areas of construction shall remain in a stable condition at the close of each construction day. Erosion controls shall be inspected at this time, and maintained or reinforced to meet specifications in the plans and this order; 18. All construction areas shall be restored to original condition or better upon completion of the project, including replanting of vegetation; 19. The Commission and its agents shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order, the Act, and Wetlands Protection Regulations: 310 CMR 10.00 and Chapter 24 of the City's Ordinances: "The Wetlands Protection Ordinance ". They shall have the right to request and receive any data or documentation that is deemed necessary for evaluation of compliance. 20. This Order of Conditions shall apply to any successor in interest or successor in control; 21. The contractor is as responsible as the applicant and property owner for any violations of the Orders of Condition and penalties under the law, while all activities regulated by this Order are being performed. A copy of this Order and associated plans shall remain on site during all construction and /or building activities. The project manager and all equipment operators shall be familiar with the approved plans, and shall be informed of their location on the site. This location shall be accessible to all contractors whenever work is occuring on site. A copy of the plans and Order must always be on -site and in all excavating machinery when work is being performed; 22. All required permits must be obtained from the Planning Board, Zoning Board, Department of Public Works, and Building Inspector prior to the start of projects involving fill within any wetland resource area; 23. The owner of the property described in this Order, must advise any potential buyer of the property that any construction or alteration to said property, including brush cutting or clearance, may require action by the Northampton Conservation Commission. Any instrument conveying any or all of the owners' interest in said property or any portion thereof, shall contain similar language as follows: "This property may be subject to the Northampton Wetlands Protection Ordinance, Wetlands Protection Act, an Order of Conditions, and /or a Determination of Applicability from the Northampton Conservation Commission "; 24. Upon completion of the project, the Applicant shall submit a statement that all work has been done in conformance with the provisions of the Order of Conditions and request a Certificate of Compliance. If checked: [ ] YES 25. Certification shall be by a Professional Engineer or by a Wetlands Consultant who shall have been approved by the Commission: If checked: [XX] YES page 5 -4 (memorex \wp \conscom \order.cc) 26. An "As Built" plan shall be included with the project engineer's certification, detailing the post - development conditions of the site: 27. Storage of pool chemicals and the discharge of backwashed pool water will not be allowed within 100' of the resource area. 28. A legend shall be added to the construction plans which indicates the limit of work line, erosion control barriers and all construction notes contained within the Notice of Intent. A copy of the revised plans shall be submitted to the Conservation Commission to become part of the file, prior to the beginning of construction. page 5 -5 (memorex \wp \conscom \order.cc) Issued By Northampton Conservation Commission Signatures: __.L� r This Order must be signed by a majority of the Conservation Commission. On t is _�'" day of per ally appeared 1995, before me to me known to be the per o described in an ho executed the foregoing instrument and acknowledged tha he /she exec ted ame as his /her ee act and deed. I'D V0 y Public My co ission 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 is located, are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding Order, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from the date of issuance of this determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work. PLEASE NOTE- -THIS IS NOT REQUIRED IF THE COMMISSION HAS ALREADY RECORDED THE ORDER, AS IS THEIR USUAL PRACTICE, UNLESS LAND IS REGISTERED IN LAND COURT. ................ ............................... To Northampton Conservation Commission Please be advised that the Order of Conditions for the project at Kennedy Road Lot #5 , File Number 246 -371 has been recorded at the Registry of Hampshire County 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 If registered land, the document number which identifies this transaction is Signature Applicant page 5 -6 (memorex \wp \conscom \order.cc) The Letter of Transmittal Berkshire MMEEMMMM Design Group, Inc. To: Chairperson Northampton Conservation Commission City Hall - 210 Main Street Northampton, MA 01060 .— I'andscape Architeclure Ci ✓i1 h7r,t,>inverirzg Phennur� Project: Borawski Residence Kennedy Road [_Than Design f:'nviromncnta1 Services Date: March 10, 1995 Copies Date Description ¢ 3 /10/95 Notice of Inte for Single Family Residence 1 3/ Fi Fe Chec No. �9 Remarks: cc: DEP Western Region (2 copies) Robert F. Borawski For your: ❑ Information ❑ Review & Comment ® Approval ❑ As Requested Signe Mark B. Darnold, P.E. 4 Allen Place Northampton, Massachusetts 01060 0 Telephone (413) 582 -7000 Facsimile (413) 582 -7005 310 _C?gt 10.99 _ DFp Pik No, l (ro be prw+dcd by DEF) Form 3 _ Gty/Town Northampton Applicant RnhPrt T' Borawski Commonwealth Department of of Massachusetts Defense United States Notice Of Intent of America Under the Hassachusetta Wetlands Protection Act, G.L. c. 131, $40 and Application for a Department of the Army Permit Part.i: General information 1. Location: Street Address -Kennedy Road Lot Number 5 (As shown on Special Permit Application) Single 2. Projeci: Type Fam Res.. Description A three- bedroom . single family residence and pool are proposed on the 8.6 acre parcel No work is proposed within the recource ares; however, some work will be perf ormed in the 100'.buffer zone. 3. Registry: county Hampshi rCurrent Book 1799 Page 83:, 85, 87 certificate (if Registered Land) 4. Applicant Robert F. Borawski Tel.( 584 -3291 Address 88 King Street, Northampton, MA 0106.0 5. 'Property owner Robert A: Borawski Tel. (413) 584 -55 Address 170 Audubon Road, Leeds, MA 01060 6. Representative Berkshire Design= Group, Inca Tel. (413) 582 -70 Address A Allen P1 Northampton, MA 01060- - 7.' a.: Have the conservation commission and the Department's Regional office each been sent, by certified marl or hand deliver, 2 copies of completed Notice of intent, with supporting plans and:docume.nts? Yes ® No ❑ b. Has - the - fee been submitted? Yes ® No 0 _ c:. Total Filing Fee Submitted $ 250.00 d. city /Town Share of Filing Fee $137.50 State share of Filing Fee $112.50 (sent to City /Town) M of fee in excess of $25, sent to DEP) e. Is a brief statement attached indicating how the applicant calculated the fee? ® Yes ❑ No 3 -1 Effective 11/20/92 NOW to S. Have all obtainable permits, variances and approvals required by local by -law been obtained? Yes ® No ❑ obtained Applied For: Not Applied For: Yes Special Permit 9. Is any portion of the site subject to a Wetlands strict�'pn Order pursuant to G.L. c. 131, S40A or G.L. c. 130, 5105? Yes No lxl 10. List all plans and supporting documents submitted with this Notice of Intent'. Identifying Number /Letter Title, Date A USGS Locus Map B N arr at i v e De s c rip t io n 03/1095 C General Soils Map Estimated Habitats of Rate Wetlands D Wildlife & Certified Vernal Pools 1994 Editio E Erosion Control Notes F Plan 03/10/95 11: check those resource areas within which work is proposed: "- (a) ® Buffer Zone (b) Inland: ❑ Bank* Land Subject to Flooding ' Cl Bordering vegetated Wetland* ❑ Bordering ' Cl Land Under Water Body 6 waterway* ❑ Isolated (c) Coastal: ❑ Land Under the ocean* .❑ Designated Port Area.* ❑ coastal Beach* _❑ coastal Dune ❑ Barrier Beach* ❑ coastal Bank ❑ Rocky Intertidal shore* ❑ salt Aarsh* ❑ Land Under salt Pond* ❑ Land: containing shellfish* ❑ Fish Run* *Likely to involve U.S. Army corps of Engineers -concurrent jurisdiction. see General Instructions for completing Notice of Intent. 3 -2 .. 12. Is the project vithin estimated habitat which is indicated on the most recent Estimated Habitat Map State - Listed Rare Wetlands Wildlife (if any) published by the Natural Heritage and Endangered species Program? YES [ ] NO ( X] Date printed on the Estimated Habitat Map NO MAP AVAILABLE [ ] ( if any ) 1994 E d i t i o n If yes, have you sent a copy of the Notice of Intent to the Natural Heritage and Endangered Species Program via the U.S. Postal Service by certified or priority mail (or: otherwise sent it in a manner that guarantees delivery within two days) no later than the date of the filing of this Notice of Intent with the conservation c— ission and the DEP regional office? YES ( ] NO ( ] If yes please attach evidence of timely mailing or other delivery to the Natural Heritage and Endangered species Program. Part II: Site Description Indicate which of the following information has been provided (on a plan, in narrative description or calculations) to clearly, completely and accurately describe existing site conditions. Identifying Number /Letter (of plan, narrative — or calculations) Natural Features C Soils F Vegetation — A, F Topography N/A Open water bodies(including ponds and lakes) — A, F Flowing water bodies(including streams and rivers) F Public and private surface water and ground water supplies — on or within 100 feet of site N/A Maximum annual ground water elevations with dates and location of test — F Boundaries of resource areas checked under Part 1, item 11 above other Man -made Features: F structures (such as. buildings, piers, towers and headwalls) F Drainage and flood control facilities at the site and immediately off the site, including and open channels (with' inverts), dams and dikes — F subsurface sewage disposal systems F Underground utilities 3 -3 MM an am F Roadways and parking areas F Property boundaries, easements and rights -of -way Other Part III: Work Description Indicate which of the following information has been provided (on a plan, in narrative description or calculations) 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: F Structures(such as buildings, piers, towers and headwalls) F Drainage and flood control facilities, including culverts and open channels(with inverts), dams and dikes F subsurface sewage disposal systems & underground utilities N/A Filling, dredging and excavating, indicating volume and composition of material N/A compensatory storage areas, where required in accordance with Part III, Section 10.57(4) of the regulations. N/A wildlife habitat restoration or replication areas other Point source Discharge N/A Description of characteristics of discharge from point source (both closed and open channel), when point of discharge falls within resource area checked under Part I, item 11 above, as supported by standard engineering calculations, data and plans, including but not limited to the following: 1. Delineation of the drainage area contributing to the point of discharge.; 2. Pre-and post - development peak run-off from the drainage area, at the point of discharge, for at least the 10-year and 100-year 4 requency storm; 3. Pre- and post - development rate of infiltration contributing to the resource area checked under Part 1, item 11 above; 4. Estimated water quality characteristics of pre- and post- development run -off at the point of discharge.. 3 -4 Part IV: Mitigating Meaeu es 1. Clearly, completely and accurately describe, with reference to supporting plans and calculations where an necessary: (a) Al: measures and designs proposed to meet the perforsunce standards set forth under each resource area specified in Part II or Part III of the regulations; or (b) Why the presumptions set forth under each resource area specified in Part ii or Part III of the regulations do not apply. 0 Coastal Resource Area Type: 0 Inland Identifying number or letter of support documents 0 Coastal Resource P,rea Type: O Inland Identifying number or letter -of support documents 3 -5 1 am ra. O Coastal Resource Area Type: O Inland Identifying number or letter of support documents Silt fencing and /or staked haybales will be 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 ensure that said work does not alter an area specified in Part 1, section 10.020)(a) of these regulations; or (b) if work in the Buffer Zone will alter such an area, all measures and designs proposed to meet the performance standards established for the adjacent resource area, specified in Part 11 or Part III of these regulations. O coastal Resource Area Type- Bordered - - - -- ® Inland By 100 -Feet Discretionary Zone: Bordering Vegetated . Wetland Identifying number'or letter of support documents Silt fencing and /or staked haybales will be installed .as shown prior to the start of construction. All new and regraded slopes will recei=ve straw, seed, or erosion control matting as indicated. E, F- Erosion.control Barriers will remains in place until ground cover has been establish d. .See Plans and Erosion Control notes. 3 -6 1 %WWI r. Part V: 1►dditional information for a Department of the Army Permit 1. COE Application No. (to be provided by COE) an am 2. 3. Names and addresses of property owners adjoining your property: 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. 8h" x 11" drawings in planview and cross - section, showing the resource area and the proposed 'activity within the resource area. Drawings must be to scale and should be clear enough for photocopying. (Name of waterway) Certification is required from the Division of water Pollution control before the Federal permit can be issued. Certification may be obtained by contacting the Division of water Pollution Control, 1 winter street, Boston, Massachusetts 02108. where the activity will take place within the area under the Massachusetts approved Coastal Zone Management Program, the applicant certifies that his proposed activity complies with and will be conducted in a manner that is consistent with the approved program. Information provided will be used in evaluating the application for a permit and is made a matter of public record through issuance of a public notice. Disclosure of this information is voluntary; however, if necessary information _ is 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 o tent accompa F ing plans, documents and supporting data are true et to the st of my knowledge. Agnature of A pli an Date Signature of Applicant's Representative Dat FORM "Exception to ENG Form 4345 approved by NGUSACE, 6 May 1982" NED 100 (TEST) 1 MAY -82 "This document contains a joint Department of the Army and State of - Massachusetts application for a permit to obtain permission to perform activities in United States waters. The Office of Management and Budget(OMS) has approved those questions required by the US Army Corps of Engineers. OMB Number 0702 -0036 and expiration date of 30 September 1983 applies ". This statement will be set in 6 point type. 3 -7 MA an NOTICE OF INTENT FEE TRANSMITTAL FORM DEPARTMENT OF ENVIRONMENTAL PROTECTION DMSION OF WETLANDS AND WATERWAYS NOTICE OF INTENT(NOI) APPLICANT PROPERTY OWNER Name Robert F. BorawsId Name Robert A. Borawski. Sr. Street 88 King Street Street 170 Audubon Road City/Town Northampton City/Town Northampton State AV Zip 01060 State MA Zip 01060 Phone No. (413)584 -3291 Phone No. (413)584 -5555 PROJECT LOCATION Street/Lot Kennedy Road. Lot #5 as shown on Special Permit Application City/Town Northampton DEP File No. (If Available) FILING FEE DISPUTED FEE Total NOI Filing Fee: $ 250.00 Total Disputed Fee: $ (As determined in Notice of State Share of Filing Fee: $ 112.50 Insufficient Fee letter from (1/2 of fee in excess of $25.00) Conservation Commission.) City/Town Share of Filing Fee $ 137.50 State Share Fee: $ City/Town Share of Fee $ (1/2 of total disputed fee) INSTRUCTIONS 1. Send this Fee Transmittal Form with a check or money order payable to the Commonwealth of Massachusetts, to the DEP Lock Box at: Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 _ 2. Attach a copy of this form to the Notice of Intent submitted to the local Conservation Commission. 3. Attach a copy of this form and a copy of the DEP check to each Notice of Intent submitted to the DEP Regional office. M .. I� ROBERT F. BORAWSKI 115 OAK ST. FLORENCE, MA 01060 1481 53- 7168/2118 /3 -_ FLORENCE SAVINGS BANK gg 85 MAIN STREET, FLORENCE. MA 01060 y: 2118716[181: 0 1 2 3 670 28 GIII 148 L I M " FILING FEE CALCULATION WORKSHEET CATEGORYI $55 per activity ow A. Existing house /residential lot (addition, deck, garage, pool, shed, or DRIVEWAY) �,. B. Site Preparation (removal of vegetation, exca- vation, grading where home construction isn't proposed under this NOI) C. Control of nuisance vegetation by removal, herb icides, etc. within a Resource Area PER LOT persuant to 310 CMR 10.53(4) D. Resource Area Improvement pursuant to 310 CMR 10.53 (4) other than 1C above. E. SEPTIC SYSTEMS or any part thereof /repairs, replacement, UPGRADING F. Monitoring Wells/Well TOTAL CATEGORY 1 ACTIVITIES CATEGORY2 $250 per activity A. EACH NEW single family house (SPIT) INCLUDING site preparation, retention/detention basins utilities, SEPTIC SYSTEM, roadway /driveway other than those pursuant to 310 CMR 10.53 (3e) if review under a SINGLE NOI B. Parking Lot / Any size C. Beach nourishment D. Coastal Activities pursuant to 310 CMR 10.24 (7a -c) including 7a- Electric Generation Facilities, 7b- Public Utilities, 7c-Coastal Limited Projects, including REPAIR/MAINTENANCE of EXISTING piers, buildings culverts, etc. E. LIMITED PROJECT ACTIVITIES pursuant to 310 CMR 10.53 (a -d) AND 310 10.53 (M) per footprint F. NEW agricultural/aquacultural projects G. EACH WETLAND DRIVEWAY CROSSING associated with a SFH pursuant to 310 CMR 10.53(3e) H. ANY point source discharge I. ANY OTHER ACTIVITY not described in categories 1,3,4, &5 TOTAL CATEGORY 2 ACTIVITIES CATEGORY 3 $525 per activity A. SITE PREPARATION for ANY development other than for a SFH INCLUDING removal of vegetation, excavation & grading when actual construction is NOT proposed under this NOI B. CONSTRUCTION OF EACH BUILDING within com- mercial, industrial, institutional, or apartment / condo / townhouse type of development, ANY PART of which is in a BUFFER ZONE or RESOURCE AREA. Associated objectives: site preparation retention / det- ention basin construction, septic systems, parking lots, utilities, point source discharges, sewerage treatment HACCNews&iter r plants, roadways /driveways NOT subject to 310 CMR 10.53 (3e) SHALL NOT BE SUBJECT TO ADDITIONAL FEES S No. ifsaid activities are reviewed under a SINGLE NOI. C. Construction of each ROADWAY /DRIVEWAY within t buffer zone or costal floodplain NOT reviewable under 310 CMR 10.53 (3e) and NOT associated with a SFH D. HAZARDOUS WASTE CLEANUP (except as noted in category 4) TOTAL CATEGORY 3 ACTIVITIES $0 CATEGORY4 $725 per activity A. EACH WETLAND FILLING / CROSSING LIMITED PE ACCESS ROADWAY / DRIVEWAY under 310 CMR 10.53 (3e) associated with COMMERCIAL, INDUSTRIAL, INSTITU- TIONAL, DEVELOPMENT OR RESIDENTIAL SUBDMSION CONSTRUCTION. ('see category 2g for SFH driveways') B. Flood Control Structures (construction, REPAIR, $0 and/or modification) C. LANDFILLS- public & private D. SAND & GRAVEL OPERATIONS $250 1 E. NEW railroad lines or Extensions of Existing lines F. Control of NUISANCE VEGETATION under 310 CMR $0 _ 10.53(4) other than on a SFH lot. G. BRIDGES (construction, reconstruction, expansion, _ maintenance) ASSOCIATED with a SFH lot. H. Raising or lowering WATER LEVELS. I. ALTERATION OF RESOURCE AREA & diversion of w associated with HAZARDOUS WASTE CLEANUP, non -mos- quito control projects, or for ANY OTHER PURPOSE NOT EX- PRESSLY IDENTIFIED ELSEWHERE IN THIS FEE SCHEDULE J. DREDGING ACTIVITIES not associated with a NEW _ dock, pier or other structure described in category 5. TOTAL CATEGORY 4 ACTIVITIES $0 CATEGORYS $2 PER LINEAR FOOT, TOTAL FEE NOT TO BE LESS THAN $50 NOR MORE THAN $1000 A. Construction, reconstruction, REPAIR, or replace- _ ment of DOCKS, PIERS, REVETMENTS, DIKES, or other engineering structures on COASTAL or INLAND RESOURCE AREAS including the placement of RIP -RAP or other $250 material on coastal or inland resource areas. TOTAL CATEGORY S ACTIVITIES $0 TOTAL FILING FEE CALCULATED $250 PERSON CALCULATING FEE SCHEDULE ( Print Name) Julie D. Ouellette, The Berkshire Design Group, Inc. ADDRESS 4 Allen Place -Northampton, MA 01060 TELEPHONE (413) 582 -7000 SI ATE 1 NO on AFFIDAVIT OF SERVICE -.0- Under the Massachusetts Wetlands Protection Act (to be submitted to the Massachusetts Department of Environmental Protection and the Conservation Commission when filing a Notice of Intent) -- I, Robert F. Borawski hereby certify under the pains and penalties of perjury that on Friday, March 10, 1995, I gave notification to abutters in compliance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP guide to Abutter Notification dated April 8, 1994, in connection with the following matter: A Notice of Intent filed under the Massachusetts Wetlands Protection Act by Robert F. Borawski with the Northampton Conservation Commission on March 10, 1995, for a property located on Kennedy — Road. The form of notification, and a list of the abutters to whom it was given and their addresses, are attached to Affidavi f ervices. 3 - /a - 5�5 ame Date I •m NOTIFICATION TO ABUTTERS Under the Massachusetts Wetlands Protection Act In accordance with the second paragraph of the Massachusetts General Laws Chapter 131 Section 40, you are hereby notified of the following. Robert F. Borawski has filed a Notice of Intent with the Northampton Conservation Commission for work related to the construction of a new single family home on Kennedy Road in Northampton. The Notice of Intent can be examined at the office of the Northampton Conservation Commission during regular business hours. For more information, call (413)586 -6950 ext. 265. Copies of the Notice of Intent may be obtained from The Berkshire Design Group, Inc. (for a fee of $12.00) by calling (413)582 -7000 between 8:30 am and 5:00 pm Monday through Friday. NOTE: Notice of the public hearing, including its date, time, and place, will be published at least five ve (5) days in advance in the Daily Hampshire Gazelle and posted in the City Hall not less than forty-eight (48) hours in advance. NOTE: You may also contact the nearest Department of Environmental Protection Regional Office for more information about this application or the Wetlands Protection Act. To contact DEP, call: Central Region: 508- 792 -7650 Northeast Regio 617- 935 - 2160 Southeast Region: 508 -946 -2800 lWestern Region: 413- 784 -1100 2 L6/94 Page 1 1 NORTHAMP,.,rN ASSESSOR'S LABELS Owners.and P °RCEL PARCEL ADDRESS Owners' Mailing Address 05"- 017 -001 141 AUDUBON RD BURROWS DANIEL J & PHILIP E 141 AUDUBON RD LEEDS MA 01053 05�- 026 -001 228 AUDUBON RD SWIFT WILLIAM G & ELIZABETH A 16796 BUSHARD STREET FOUNTAIN VALLEY — CA 92708 05 - 044 -001 219 AUDUBON RD BRAZEAU JAMES & SIGRID D 219 AUDUBON RD LEEDS MA 01053 05 - 045 -001 179 AUDUBON RD LASHWAY WILLIAM J III & LESLIE — 179 AUDUBON RD LEEDS MA 01053 )5 046 -001 .167.AUDUBON RD TORTORTELLO JOSEPH R & LINDA L 167 AUDUBON ROAD '- LEEDS MA 01053 )5---047-001 151 AUDUBON RD FAIVRE FRANKLIN R & MARY E P.O. BOX 252 _ LEEDS MA 01053 .0 - 002 -001 401 KENNEDY RD GOUGEON NORMAN E & CAROL A 401 KENNEDY RD DEEDS. — MA 01053 0 - 005 -001 311 KENNEDY RD GORDON JEFFREY D & DIANA M 311 KENNEDY RD LEEDS MA 01053 2 L6/94 Page 1 1 P"LRCEL lr - 006 -001 NORTHAM�-wdN ASSESSOR'S LABELS Owners and PARCEL ADDRESS Owners' Mailing Address RESERVOIR RD NORTHAMPTON CITY OF .2._16/94 Page 2 1 210 MAIN STREET NORTHAMPTON MA :01060 1C_- 007 -001 200 AUDUBON RD BRANDT ROBERT & JOAN SWERDLOW- BRANDT P.O. BOX 43070 JACKSONVILLE. FL .32203 1( - 008 -001 222 AUDUBON RD MARMOR ROBERT D & AMY JO MITRA 222 AUDUBON RD LEEDS MA 01053 10 - 009 -001 KENNEDY RD THUMA GENEVIEVE EASTMAND — 217 KITTELL RD FAYETTEVILLE NY 10 - 011 -001 523 KENNEDY RD CLEMENTE ALICE R 523 KENNEDY RD _ LEEDS MA 01053 1G-- 012 -001 507 KENNEDY RD O'BRIEN EDWARD F & ANDREA M 507 KENNEDY RD _ LEEDS MA 01053 1C - 013 -001 214 AUDUBON RD WHITNEY LEE M 214 AUDUBON RD LEEDS MA 01053 LC - 015 -001 481 KENNEDY RD MAGER AMY E & DANIEL GARFIELD 481 KENNEDY RD LEEDS MA 01053 .2._16/94 Page 2 1 .2 16/94 Page 3 NORTHAMB,..N ASSESSOR'S LABELS Owners and PARCEL PARCEL ADDRESS - Owners' Mailing Address LC"- 016 -001 KENNEDY RD BORAWSKI ROBERT A P.O. BOX 301 LEEDS MA 01053 1C - 017 -001 KENNEDY RD BORAWSKI ANN M P.O. BOX 301 -LEEDS — MA 01053 iC - 018 -001 KENNEDY RD BORA.WSKI ROBERT A P.O. BOX 301 LEEDS MA 01053 LO - 019 -001 KENNEDY RD BORAWSKI ANN M — P.O. BOX 301 LEEDS MA 01053 LO - 020 -0 KENNEDY RD BORAWSKI ROBERT A P.O. BOX 301 — LEEDS MA 01053 LC-- 021 -001 KENNEDY RD GERVAIS MARTHA S 567 KENNEDY ROAD — LEEDS MA 01053 LC - 022 -001 AUDUBON RD BORAWSKI ROBERT A & ANN M P 0 BOX 301 LEEDS — MA 01053 LC^ -001 -001 150 AUDUBON RD CHAPPELL ANNIE 150 AUDUBON RD - RF #1 LEEDS MA 01053 .2 16/94 Page 3 NORTHAMN,N ASSESSOR'S LABELS Owners and PARCEL PARCEL ADDRESS Owners' Mailing Address 10I'- 073 -001 134 AUDUBON RD HEON CONRAD N 134 AUDUBON RD •- LEEDS _ Assessor's Certification: Date: 2, 16 / 94 Page 4 M MW General Description NARRATIVE DESCRIPTION Exhibit B 1.1 Robert F. Borawski proposes to construct a three bedroom home and swimming pool on a 8.6 acre parcel located on the east side of Kennedy Road in Northampton. No work is proposed within the resource area; however, some of the construction will take place within the 100' buffer zone. On February 13, 1995, A Request for Determination was filed with the Northampton .Conservation Commission on behalf of Mr. Borawski for approval of the wetland flag line, done by Karro A. Frost in April of 1994. Existing Site Conditions The site is located on the east side of Kennedy Road, to the northwest of Leeds Reservoir. It is bordered by undeveloped residential building lots. Clark Brook forms the easterly boundary while another small brook borders the property to the south. The site is mostly wooded with a few cleared farm roads. Topography is steep in areas with slopes of up to 25 %. The easterly portion was previously a com field. Soils consist of very stony, fine, sandy loam. Proposed Construction The 500' driveway will _come off of Kennedy Road at the location of an existing .farm road. At this point, the driveway will be approximately 45' from the resource area, with grading expected to extend another 5'. The first 150' of the driveway are within the 100' buffer zone. The drive will be constructed perpendicular to existing grade with a maximum slope of 10 %. The proposed three bedroom home is oriented north -south. It is parallel to the existing topography. There is a walkout basement to the east which opens up to a grass play area. A garage is also proposed at basement level. A fenced pool area will be constructed at the south side of the home. A 3:1 slope will return to existing grade; no grading in this area will be within 50' of the wetland resource area. A well is proposed to the west of the home; the septic system is proposed to the east. Neither will be within the 100' buffer. zone. a # 4,•1� � t a� � y? '?fi w ! - �,! `S a A S y l k , � s f k i, '+" ` � � L d�4s 9 i�t7tj �\ r J x f, s wA. #� jk - � i � 5 > } 14' :A i X1 , f , " 1 ' J 1' •i- ¢ �V , fl ��f1 X11/ •. �� .^ � � VVV�� '� � � � � .' �� •A. / / -'. �� r £rf 1 a vt • i ! `4. .^` _�,i .>...' •y � f j .�' f >•C ,! sue_ ,. ,;,xar 9 , • s. i \= XNR �� :, a.. � a fv - • 1 � x.7 - � p S " j � i � rt P. 4! �$, 14 ��"' x � �C �'.'`� . �:r�• — • � " � y F� �"-� - {� ��!� �� f ' i�,'•y .srt"' +'. h.� s t %" �'T. � �` / �( arC��k' � �L�,t �tr r is �e.�� —n 7� /r� •( ��i: ; - tr�1- .��' �� i' �• y � , j / .�� . �n '!' 1 ��dC L} a � � it � E a , V •t ,l` k j a� 3F y IL END � i ` r ' • l f��r��'�� / / �� f. P � a�.i� \t ti • 7 C�9� 1i^ r Iw t , , -. , �.i .. � • /� , / /o �' `� _ `� �.,`� ,�%� � C S f,'� �.'�' h �' �� Y t S"' { � ` w -V { ,�. C��`� >s - ♦ ��'' / - 4 ~ �u .1..(� a�� y k.. y , , � . .!�) I� ..Y� L. �` Iv"•�.�•� C -. ,( �.. Jr ° � �°�� Fs. °• "a�.}t •\� . '. f z . �c] "5•^ i ��' n � V ° x ' 2 ' • 4 ' . � — c _ �L' _� , . a�� • ?' a" �n s� F �:?'�� r � �� ,a! f T ,>� ., � p � '3 • r. slopes Paxt HgB Hinckley loamy sand, 3 PcC stony r • •. f ' slopes Viz pjiy f WxC Woodbridge very stony, fne, sandy loam, 8 Sk -15% slopes bet tp_ ti��.v� A`iSR� L '.� ,o ?tits A r G Scale 1:63,000 Exhibit D The Berkshire Design Croup, Inc. Estimated Habitats of Rare Wetlands Wildlife 4 Allen Place and Certified Vemal Pools Northampton, MA 01060 Property of Robert Borawski Kennedy Road, Northampton, MA � for► a � � '.� ?tits A r G Scale 1:63,000 Exhibit D The Berkshire Design Croup, Inc. Estimated Habitats of Rare Wetlands Wildlife 4 Allen Place and Certified Vemal Pools Northampton, MA 01060 Property of Robert Borawski Kennedy Road, Northampton, MA ,... an am 1../ EROSION CONTROL NOTES Exhibit E 1. Erosion control measures shall be incorporated in the sequence of construction to prevent sediment laden runoff from leaving the site, and shall, where applicable, incorporate at least the following procedures detailed on this drawing: a. A siltation fence along downslope site boundaries prior to commencing any other work. Fence material shall be Mirafi 140N, Trevira 1127, or approved equal. '— b. New or regraded slopes of 3:1 or greater shall receive spread straw and/or seed and fertilizer as per plans. New or regraded slopes of 2:1 or greater shall be blanketed with Curlex erosion control matting, or approved equal; provide temporary slope erosion control where required. c. Fill and grading shall be treated with slope stabilization seeding or ground cover and hay mulch upon completion. 2. All haybale and silt fence erosion and sedimentation checks shall be placed prior to beginning work as per the plan and as per the appropriate detail specification. �— 3. Wherever haybale or silt fence filters are used, they shall be maintained in good working condition until ground cover is reestablished. Silt fence shall be periodically cleaned as necessary to assure proper and effective functioning. Haybales shall also be replaced as necessary, to provide adequate function. 4. Soil stockpiles shall be shaped and seeded with temporary cover as per seeding specifications or mulched if grading is to be delayed over winter. The downhill toe -of -slope of all stockpiled soils shall be protected by staked haybales or silt fence. S. If any questions arise regarding erosion and sedimentation control measures, the Project Landscape Architect shall be consulted immediately.